Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Thursday, January 29, 2015

Electoral Reform – First Past The Post Or PR

Colombo Telegraph
By R.M.B Senanayake –January 29, 2015
R.M.B Senanayake
R.M.B Senanayake
Now there seems to be a clamor among our politicians for reform of the voting system. Should we go back to the first past the post system (FTPS) or continue the Proportional Representation system (PR) or a combination of the two as suggested by a Committee of the previous regime under Mr.Dinesh Gunawardena? The case for PR is based on the ground of fairness. Under the FPTPS a candidate can win without polling even 50% of the total vote. The total number of elected MPs will not correspond to the number of votes cast. We have seen political parties being decimated at elections although their total votes polled have not been reduced by much. This happened in 1956 and in 1977.
But political scientists have pointed out that the electoral system has a bearing on the strength of governments under the different forms of government whether the Executive Presidency or the Westminster system. Under the former the government does not fall because the Executive President holds office for a fixed term and can only lose his office if he is impeached which requires a two third majority. This ensures stable governments which is the main reason for its adoption by President J.R Jayewardene in 1978. But in a Westminster form of government the government can change where the ruling party loses its majority due to a cross-over of some of its members to the Opposition. It has happened several times and on one occasion it was alleged that the Members were bought over to cross and bring down the ruling government. So Britain despite the unfairness of the FTPS continues with it.
DineshBritain elects its House of Commons by the single member constituency in which even if the winner has polled less than 50% of the total polled can still be selected There has been much agitation in Britain t change the system but after several studies the two main political parties have given up the idea because of the tendency for weaker governments under a system of PR despite its claims for fairness. Studies show that fairness depends on many other factors such as the size of the electorate and how homogeneous is the electorate. Fai8rness has several aspects.
Consider the governments in countries where the PR system prevails. It has had very frequent changes in governments. It has had 52 governments in the period 1848 to 1993 according the Economist magazine of May 1st 1993. Italian governments are known for their ineptness and corruption. So there has been a cry in Italy for the adoption of the FPTS on the British model for it always produces a single party government with an over-all and solid majority for one party. It also provides for nationwide political parties. So the FTPS has generally produced more stable governments. Small parties formed on the basis of ethnic or religious affiliation don’t emerge under FPTS unless there is large number of such minorities form a majority in well defined contiguous electorates.
But under PR small parties emerge if the qualifying limit is low. In fact while Italy with its PR has weak and inept governments, Germany has strong and efficient governments despite the PR system because the small parties must obtain 12% of the national vote to qualify. In fact President J.R Jayewardene adopted this system of PR for us. But President Premadasa allowed small parties with 5% of the national vote to qualify for recognition. This has led to the formation of ethnic and religion based political parties. President Premadasa also introduced the “manape’ or election according to the number of votes polled for the first three candidates instead of following the part list of priority. This has led to intra party strife and competition. Thus we now have coalition governments which can be held together it sees only by the offer of perks and privileges to the minority party members increasing corruption and making the coalition a matter for horse trading.
The PR system has led to weak governments not only in Europe but also in Israel. Umpteen political parties with even1-2% of the national vote have qualified for recognition.ith 3-4% they can bring down coalition governments which are of the Westminster type.
What about corruption. Will FTPS or PR produces greater corruption? Under the FPTS corrupt or unpopular governments which lost were decimated as happened during 1956 and 1977. But this cannot happen under PR. So despite the manifest corruption of the MR regime there is hope for MR to stage a comeback under PR. But corruption springs more from the strength of the administration of law and the social climate of the country. Most important of all is that it depends on the extent of control of economic and commercial activity by the State. As the scope of government expands to such activities so does corruption which explains why corrupt governments don’t want to privatize. So FPTS is no guarantee of good governance as we find in India or the African States where corruption does not come down with the change of governments.
Finally it must be said that fairness will depend not only on PR but on the demarcation of electoral districts and the number of votes in each such district and the homogeneity or otherwise of the electorate. Such fairness to minorities may lead to excessive demands by them. We find that despite PR our women are inadequately represented because the political parties don’t select enough of them to contest. Neither farness nor effectiveness exists “in vacuo”. They depend on a variety of factors all of which are not addressed by PR

Sri Lanka: Farewell Speech by Dr. Shirani A. Bandaranayake, 43 CJ

Shirani-Jan_28

by Shirani A. Bandaranayake
( January 29, 2015, Colombo, Sri Lanka Guardian) Today marks 746 days since I left office on the basis of an unlawful and illegal impeachment. I am glad that I am able to see before me today, those who stood with me since then, in the struggle to achieve an independent judiciary in our country.

Sri Lanka: Time to arrest Sudarman Radaliyagoda


( January 29, 2015, Colombo, Sri Lanka Guardian) It is revealed that former de-facto Chief Justice Mohan Peiris who sacked yesterday (January 29) , had a very close relationship with Sudharman Radaliyagoda, warranted for a scrap iron racket and Mr. Mohan Peiris had instructed him regarding the case that is filed in courts.

This is revealed by the programme ‘Balum Gala’ broadcast by ‘Neth FM’ radio, an independent radio channel in Sri Lanka.

Sudharman Radaliyagoda was a SLFP organizer for Colombo District and had been an organizer for Kurunegala District as well. He also was a director of sub-state own television channel in Sri Lanka.

According to information Sudharman Radaliyagoda has been involved in many rackets. This is the perfect time to arrest this man and ensure justice to this nation.

Listen to the programme that reveals many sides of Sudharman Radaliyagoda.

Goodbye To The First Ever Lady Chief Justice Of Sri Lanka

Colombo Telegraph
By Upul Jayasuriya -January 29, 2015 |
Upul Jayasuriya -BASL President
Upul Jayasuriya -BASL President
My Lady the Chief Justice and other judges of the Supreme Court. President Court of Appeal and other Judges of the Court of Appeal. Learned High Court Judges and other Judicial officers. It is with overwhelming pleasure I rise today on behalf of the un-official Bar to convey our deepest gratitude to your ladyship for a battle that you fought at great sacrifice that put two years of your life in to hibernation with much anguish and pain.
It is with pleasure and pride in the Profession that, I warmly welcome Your Ladyship’s return to your rightful place as the Chief Justice.
It is common knowledge that, the unwavering stand of the Bar was that, the purported removal of Your Ladyship was unconstitutional, unlawful, null and void and of no force or effect in Law and that, any purported appointment done placing reliance on Your Ladyship’s purported removal, was also necessarily, unconstitutional, unlawful, null and void and of no force or effect in Law.
The Bar has always urged the Government to take the necessary corrective action and we are relieved and happy that, at long last, justice has prevailed and the illegality has been rectified, with Your Ladyship resuming your rightful and lawful position as Chief Justice.
The Bar always fought for this day and the Bar has been vindicated.
Your Ladyship has endured this extremely difficult period with immense courage and unfailing dignity and all Your Ladyships’ actions and words during this period, despite immense pressure being brought to bear on Your Ladyship, have kept in mind the paramount need to protect the dignity of the Judiciary.
CJ Shirani
We respectfully commend Your Ladyship for your fortitude and your wisdom.
It should also be noted that, during this interim period, the Bar has, in the interests of litigants and the continued functioning of the system of Administration of Justice, rendered the necessary cooperation to this Court and we look forward to continued cooperation and good relations between the Bench and the Bar, without which neither the Bench or the Bar can function.Read More

Shirani_2015

by Tisaranee Gunasekara
“Yes, I give the Devil benefit of law, for my own safety’s sake!”
Robert Bolt (A Man for all Seasons)
( January 29, 2015, Colombo, Sri Lanka Guardian) Mohan Peiris had to go. Unfortunately the means used to eject him seem too Rajapaksa-like for comfort.

Sri Lanka government reviews China business deals



Large development contracts secured by China during former President Rajapaksa's rule face scrutiny for corruption.

 | Business & EconomyAsiaSri LankaChina

Sri Lanka’s new government is taking a closer look at its relationship with China.

China had become the partner of choice for the former president, Mahinda Rajapaksa, securing massive development projects. But Sri Lanka's new leadership says it will review all Chinese deals in a bid to root out corruption.

Al Jazeera's Minelle Fernandez reports from Colombo.

The Most Important Phrase for Expats in Colombo, Sri Lanka: ‘I Know a Gu


Banana seller in Colombo, Sri Lanka iStock Photo

  • By 
  • SUREKHA AHGIR YADAV
    COLOMBO, Sri Lanka–”I know a guy” is the single most important and commonly used phrase in casual business conversations in Colombo.

    This South Asian city has a surprisingly sophisticated corporate scene, excellent internet connections, an array of professional advertising and digital marketing agencies – but it has hardly any human resources companies, few, if any, head hunters and nothing much in the way of talent-matching services.

    So, as I launched a digital content startup in booming post-war Sri Lanka last year, I found myself baffled by this seeming gap in the market. How did local businesses secure their staff? I knew the talent was out there because all around me I saw local tech ventures powered by droves of talented, qualified young people. But how was anyone recruiting them?

    Skyline of the financial district of Colombo, Sri Lanka overlooking Beira Lake. iStock Photo

    The following months of repeatedly trying and failing to connect with this talent pool through job ads taught me one crucial lesson: Hiring, especially at the startup level, is done largely on the basis of deeply entrenched social networks — and not the online kind either. “Oh I went to school with him” — so he’ll make a great developer. “I remember her from choir” — she’s the accountant you need.

    Within Colombo’s English-speaking business community everyone really does seem to know everyone. Unless you’re a foreigner with a small startup like me — then you know no one. Without the extensive networks acquired through classmates or distant cousins you will often get stuck.

    Initially, I tried to insinuate myself into the world of local insiders by turning up at a couple of Google Business group meetings. I spent the evening sipping sweet iced coffee (a Sri Lankan staple at such events) and making small talk with some very polite people who were friendly enough but ultimately either unable to spare the time to help or effectively saw me as potential competition for the best hires.
    It got frustrating.

    But this was all before I caught my catcher.

    Janath Gunawardene in Colombo, Sri Lanka Credit: Divaker Selliah
    A catcher is the local lingo for fixer, and if you’re looking to find an office space, extend your visa, or import some IKEA furniture you’d do well to find one. Mine arrived at the end of a long line of introductions from a former colleague of an acquaintance which led me to the younger brother of said colleague’s friend who then finally produced … Janath Gunawardene.

    Chatty, distracted, with a mobile phone that won’t stop ringing – the 23-year-old arrived on a misfiring moped. I hired him anyway on the strength of his design portfolio. Fortunately, I discovered his true calling very quickly. On his second day, Janath overheard me looking for an SEO (search-engine optimization) expert and he interrupted with those four words I’ve since come to appreciate: “I know a guy.”

    A week later, Janath ended a hunt for an animation agency with those four magical words and two phone calls. And subsequently, I muttered about a back sprain and he conjured up a yoga instructor who turned up at the office by the end of the day.

    The trick, it would seem, is this: if you don’t know anyone in Colombo, you need to find someone who knows everyone.

    Surekha Ahgir Yadav is a Singaporean writer and entrepreneur based in Colombo, Sri Lanka.
    Email us at expat@wsj.com. Follow us @WSJexpat. Join our Facebook group.

    Ravi unveils Robin Hood Budget!



    January 30, 2015

    By Ashwin Hemmathagama Our Lobby
    Correspondent
    The Government yesterday released what could be classified as a Robin Hood Budget which gave rise to unexpected relief and benefits.
    High net-worth individuals as well as business entities enjoying benefits under the Mahinda Chinthana were slapped with sweeping restrictions and regulations as well as taxes to shore up revenue.
    Ravi Unveils Robin Hood Budget! by Thavam Ratna

    Developing Sri Lankan Media; The State’s Obligations


    Colombo Telegraph
    By Wijayananda Jayaweera -January 29, 2015 
    Wijayananda Jayaweera
    Wijayananda Jayaweera
    The State’s obligations in the development of free, pluralistic and independent media
    The obligation of the State is to provide an enabling environment for its people to enjoy their fundamental right to receive and impart information without any obstacle to their freedom of expression. Therefore, State’s interventions in Media development should be done only with a view to enhance the freedom of the press and to ensure people’s right to receive quality information from media.
    To begin with, ideally the government should organise a comprehensive multi-stake holder assessment to identify media development needs utilising the widely accepted UNESCO’s Media Development Indicators in which media development issues are categorised into the following five different and interlocking areas.
    • a system of regulation conducive to freedom of expression, pluralism and diversity of the media.
    • plurality and diversity of media, a level economic playing field and transparency of ownership:
    • media as a platform for democratic discourse
    • professional capacity building and supporting institutions that underpins freedom of expression, pluralism and diversity
    • infrastructural capacity to support independent and pluralistic media:
    Gayantha Karunatilake - Minister Media
    Gayantha Karunatilake – Minister Media
    Nonetheless, some important media development tasks can be based on the recommendations made by R.K.W. GoonesekereCommittee established in 1996 to advise on the reforms of laws affecting media freedom. But it is less likely that they can be implemented fully in this interim period. However belated is to act on those recommendations, it would be important to pronounce media development initiatives following from them, so all stakeholders, including the political parties contesting the next election can take a stand on the policy issues pertaining to media development. In the meantime the government should start a consultative process to build consensus around the following vital reforms recommended by the R.K.W. Goonesekere Committee.
    1. Establishment of an Independent Media Council
    Replacement of the existing Press Council law with an Independent Media Council Act (This act can be based on the legislation enacted to establish the Independent Press Council of Indonesia, with the expert advise provided by UNESCO). The independent media council should co-regulate all established news media which are originated in the country and distributed through print, electronic and online platforms with the following intentions.Read More

    UPDATE 1-Sri Lanka blocks Australian mogul Packer's $400-mln casino project

    Sri Lankan demonstrators hold up placard of James Packer
    Reuters(Adds details)-Thu Jan 29, 2015
    Jan 29 (Reuters) - Sri Lanka's new government has blocked three casinos approved by the previous administration, among them a $400-million project by Australian gaming mogul James Packer's Crown Resorts Ltd.
    The widely-expected move redeems an election pledge by new President Maithripala Sirisena to cancel the Crown Resorts licence. Sirisena won a Jan. 8 election, ending a decade of authoritarian rule by President Mahinda Rajapaksa.
    The casinos faced opposition from Buddhist leaders and some of Rajapaksa's own coalition partners, who feared that gaming could lead to a boom in prostitution and damage values and culture in the mainly Buddhist island nation.
    Prime Minister Ranil Wickremesinghe said gazette notices that gave tax concessions to the projects, including Packer's integrated mixed-development project, had been amended.
    "We have decided to ban such approval for casinos," Wickremesinghe told parliament. "But they can conduct all other activities," he added, referring to hotel and residential apartments included in the projects.
    Besides Lake Leisure, Packer's Sri Lankan joint venture, the blocked projects are the $300-million Queensbury resort planned by Sri Lanka's Vallibel One Plc, and the $850-million Water Front Properties of John Keells Holdings Plc, the country's biggest conglomerate.
    Packer, one of Australia's richest men, got Sri Lankan cabinet approval for the project in 2013, but its terms were altered in the face of opposition from some Buddhist leaders and political parties, and construction has yet to start.
    All casino licences will be reviewed and gaming will be restricted to a specific area of Sri Lanka in future, cabinet spokesman Rajitha Senaratne said.
    "But we have not decided an area yet and the current location is just temporary," he told reporters in Colombo.
    Rajapaksa's government had said casinos would be restricted to D.R. Wijewardena Mawatha, an area in the commercial heart of the capital where Crown has planned its hotel. (Reporting by Shihar Aneez and Ranga Sirilal; Editing by Clarence Fernandez)

    Maithri's interim budget slashes Rs.90 b reserved for President's upkeep

    ms saluteThe Interim Budget of the new government of President Maithripala Sirisena has saved the country a whopping Rs. 90 billion from an annual budget of Rs.95 billion set aside for maintenance of the former Executive President Mahinda Rajapaksa.
    Thus to maintain new President Maithripala Sirisena, the country would spend only Rs.2.5 billion under the new Interim Budget announced by Finance Minister Ravi Karunanayake in Parliament today (January 29).
    During Mahinda Rajapaksa's term the Budget allocation for him was Rs.6 billion, 7 billion, 50 billion, 50 billion, 59 billion, 62 billion and 100 billion for the years 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
    The new Budget will also give public sector employees a monthly salary increase of Rs.10,000 with Rs. 5000 to be paid from February 1 and the balance Rs. 5000 from June.
    By slashing the Cabinet to 40 Ministers the country will also be able to save Rs.2.5 billion a year.
    It has also been proposed to increase the salaries of private sector employee by Rs.2500.
    Pensioners will also be entitled to a Rs.1000 monthly increase from April while Samurdhi (poverty alleviation) recepients will have their assistance increased by a hundred fold.
    The previous Budget of Mahinda Rajapaksa had a deficit of Rs.521 billion.
    President Maithripala Sirisena was present in Parliament today (January 29) when the Budget was read out.
    - SLM -

    Sri Lanka suffers its worst slip in Global Economic Freedom rankings


    January 29, 2015  |
    Sri Lanka slips in Global Economic Freedom rankingsSri Lanka has suffered its worst performance by slipping further in the Global Economic Freedom rankings and remain categorised among “mostly unfree” countries along with several in the region.
    As per the index, published annually by The Wall Street Journal and The Heritage Foundation, Sri Lanka was ranked at 101st freest with a score of 58.6, down from 90th place in 2014 and by 1.4 points. In 2013 Sri Lanka ranked best at 81 up from 97th place in 2012.
    In Asia Pacific Sri Lanka’s rank was 21st out of 42 countries. The world average is 60.4 whilst the Asia Pacific regional average is 58.8.
    The average of free economies is 84.6.The index assesses four broader parameters – Rule of Law, Limited Government, Regulatory Efficiency and Open Markets and 10 factors within those.
    Modest gains in freedom from corruption and the management of Government spending in Sri Lanka were outweighed by declines in half of the 10 economic freedoms, including investment freedom, property rights, and trade freedom.
    The return to relative political stability has precipitated a rise in Sri Lanka’s economic freedom. Over the past five years, economic freedom on the island has advanced by 1.5 points, with improvements in half of the 10 factors led by double-digit gains in fiscal freedom.
    Overall, however, the foundations of economic freedom remain weak. Property rights are hard to enforce because of fraud, and a weak Judiciary fails to mediate disputes effectively. Government industrial policies distort trade and shelter domestic industry from competition. The Central Bank is not fully independent, raising the fear of inflation and monetised Government deficits.
    Hong Kong remained the world’s most economic free economy, though “a higher level of perceived corruption” pulled its score to within two-tenths of a point of runner-up Singapore. Publishers of the Index said this year shows significant improvement in the Asia-Pacific region, home to over half the world’s population. For two consecutive years, the region has outperformed the other five regions measured in the Index.
    Sri Lanka was ranked ahead of countries such as Indonesia, Cambodia, Pakistan, India, Bangladesh, Maldives, China and Vietnam in Asia Pacific. Ranked above Sri Lanka were Thailand and the Philippines as well as countries such as Fiji and Mongolia.

    Dozens killed in Afghanistan in attacks on funeral, checkpoint

    Afghan men carry a wounded man at a hospital in Jalalabad, after a suicide attack which targeted funeral prayers in Laghman province, January 29, 2015.
    Afghan men carry a wounded man at a hospital in Jalalabad, after a suicide attack which targeted funeral prayers in Laghman province, January 29, 2015. REUTERS/ Parwiz
    ReutersKABUL Thu Jan 29, 2015

    Dozens Killed in Afghanistan in Attacks on... by wochit
    (Reuters) - A suicide bomb attack on a funeral in east Afghanistan killed 16 people and injured another 39 on Thursday, a local official said, an unusually high death toll for a single bombing in a country ravaged by decades of war.
    Separately, Taliban militants attacked a checkpoint operated by a group of armed villagers late on Wednesday evening, killing 11 people, according to another official. Seven militants were also killed during the attack, he added.
    The violence underscores growing instability in Afghanistan, where the Taliban is seeking to take advantage of the withdrawal of most foreign troops and persistent political uncertainty following a turbulent election last year.
    A small contingent of coalition forces, including about 10,600 U.S. troops, remain on the ground, but most are involved in training Afghanistan's national security force.
    The incident at the funeral took place on Thursday afternoon in the provincial capital of eastern Laghman province, killing 12 civilians and four policeman, a spokesman for the governor said.
    "A suicide bomber detonated explosives attached to his body," Sarhadi Zwak said in a statement, adding that Afghan security forces had arrested a second suspected bomber.
    Officials blamed the Taliban for the bombing. The militant group could not be reached for comment.
    The attack on the checkpoint started late on Wednesday evening and continued for several hours, a local official said. It had probably been planned with the help of a Taliban fighter who had infiltrated the local community.
    "The attack took place one month after a Taliban insurgent joined the villagers' militia," Deputy Governor Mohammad Ali Ahmadi told Reuters, listing 11 militia fighters and seven Taliban among the dead.
    "That Taliban fighter paved the way for others to attack."
    The villagers had formed their own militia because there was no permanent security force in their area, Ahmadi added.
    (Reporting Mirwais Harooni in Kabul, Mustafa Andalib in Ghazni and Bashir Ansari in Mazar-i-Sharif; Writing by Jessica Donati; Editing by Gareth Jones)

    Israel Is the New Front in the Syrian War

    As Hezbollah gains ground in the Golan, Iran is now knocking on the door of Israel’s quietest border.

    BY PHILLIP SMYTH-JANUARY 28, 2015
    Israel Is the New Front in the Syrian War On the afternoon of Jan. 28, two Israeli soldiers were killed during aHezbollah missile attack in Shebaa Farms, a disputed strip of land in the Golan Heights abutting southern Lebanon. Israel Defense Forces positions along the border in Mount Hermon were also mortared. Earlier in the day, following a Jan. 27 rocket attack launched into an Israeli section of the Golan, the Israeli Air Force hit Syrian Army artillery positions.
    Israel is the New Front in the Syrian War by Thavam Ratna