Tuesday, February 3, 2015

Sri Lanka must address its past before it can move on

Interview: Rights activist Basil Fernando discusses his country's future prospects

Basil Fernando recieves the prestigious Right Livelihood Award, known as the "Alternative Nobel Prize" in December 2014 (Photo supplied)

February 3, 2015

Prominent Sri Lankan rights lawyer Basil Fernando was effectively forced from his homeland amid mounting death threats. Now, 25 years after he left, Fernando has returned to Sri Lanka following last month’s surprise ouster of strongman Mahinda Rajapaksa, who was defeated in a January 8 presidential election by Maithripala Sirisena.
Sri Lanka Must Address Its Past Before It Can Move On by Thavam Ratna

SRI LANKA: Will and capacity to curb corruption, true test of independence

February 3, 2015

The 67^thanniversary of the declaration of independence will take place as a hopeful event. The defeat of the repressive and corrupt Mahinda Rajapaksa regime and the resolution of the crisis of judicial independence that was caused by the illegal removal of Dr. Shirani Bandaranayake from the post of Chief Justice have created this environment. That the downslide caused by the 1978 Constitution is being challenged in the government’s 100-day programme makes this day and the event even more meaningful.

However, if independence is to become a word that carries a dynamic political message to all Sri Lanka people once again, the new government must address the challenge of law enforcement. As long as the fallen rule of law system remains, stability, security, development, and prosperity will remain words that evoke cynicism rather than hope.

In the weeks that followed the people’s victory in ousting the Rajapaksa regime, an energetic environment has emerged among the people, who are eagerly absorbing all the details of corruption, mismanagement, and incredible abuse of power being revealed to them by the new government. All private conversations in homes, among friends, and in social gatherings are about Rajapaksa extravagances. Stories about the ex-President’s dogs, about deals involving exchanges of elephants, about sharks that were kept by some members of the Rajapaksa family, about horses, and about Lamborghinis cars are among those that have caused not merely popular amusement but also popular anger. Such intense conversations on corruption and abuse of power have never taken place in Sri Lanka before, ever. Adding to this are the mountains of complaints that are being lodged at the Commission against Bribery and Corruption.

However, people expect something more from the new government than merely information about scandalous misuse of power. One question that comes up over and over in various television interviews and also in ordinary conversation is when and how the government will arrest and prosecute the offenders who are the villains in the stories published. Mere vilification does not satisfy an angry public. They want to see culprits being brought to courts and justice being done.

However, on that score, the public is not convinced that the government has the will and the capacity to ensure that the law will be impartially and strictly enforced. Some participants in media shows argue that the alleged culprits are too powerful and the government may allow these sharks to escape. The slowness with which the allegations about extreme crimes are being investigated has been seen as an indication of unwillingness on the part of the enforcement agencies to do what the law mandates.

Others argue that the investigative mechanisms in the country have deteriorated during the last few decades due to the political climate created by the 1978 Constitution, which weakened all the public institutions. They also argue that one of the adverse consequences of the internal conflicts, characterized as “war”, was the displacement of criminal investigative branches and enhancement of the military approach to deal with threats to the State.

No one has any illusions about the genuine possibility of investigation into corruption through the existing Commission against Bribery and Corruption. This Commission is seen as an obstacle to genuine enforcement of criminal justice and seen more as an institution that knows all the tricks to allow the sharks to escape. In public imagination, it is only perceived as being capable of prosecuting some sprats.

An independent observer would have little doubt that the criminal investigative capacity existing in Sri Lanka is weak and primitive; it is not adequate to even deal with ordinary crime such as murder and rape. However, the type of crimes being revealed now require investigators capable of handling sophisticated financial transactions and unearthing highly organized crime being conducted with the patronage of the politically powerful.

The new government has, so far, not indicated an understanding of this problem. And, the 100-day programme does not include this aspect of strengthening the Sri Lankan criminal justice mechanisms. It is no exaggeration to state that resolving this problem has not become part of the political agenda of those directing Sri Lankan political destinies today.

Independence means little when the people cannot enjoy security and criminals enjoy impunity. A weak state, incapable of enforcing the law, cannot achieve any significant development or social justice objectives. A state that does not have capacity, by way of an efficient criminal justice mechanism, is a weak state.

For decades, the Asian Human Rights Commission has pointed out this problem: the unwillingness and the incapacity of the Sri Lankan state is the cause for all the human rights problems that exist in the country. It is this weakness that is exploited by so many unscrupulous persons and groups in order to intensify internal conflicts and create unstable situations. This in turn creates favourable conditions for corruption and every other forms of lawlessness to thrive. The mountains of scandals associated with the Rajapaksa regime were achieved due to the prevalence of this lawless environment.

The newly elected President, the government, and all the new forces that energetically support the government with the hope of achieving significant changes, must not ignore the fact that their own ambitions can only be achieved if the terrible problems associated with lawlessness are addressed. In a lawless situation there can be no real independence.

This is an opportune time to squarely face this problem. One of the manifestations of the government coming to grips with this problem would be when adequate resources are made available to enable effective law enforcement and an effectively functioning mechanism for investigation into bribery and corruption.

People will be convinced about good governance only when the sharks are brought to justice. For this, a legal network that is capable of catching the sharks must be created. Without it the new President’s promises of good governance cannot be achieved. And, this would be tragic, as there is, at the moment, energetic support from the population for measures to achieve significant changes in the country.

Candidate Nagamuwa Files FR Against Mahinda Rajapaksa For Abusing Powers To Call Out Army At Election Time

February 3, 2015

A fundamental rights application has been filed by Dudeesha Duminda Nagamuwa, the candidate nominated by the Frontline Socialist Party (FSP) for the January 8, 2015 presidential election, asking the Supreme Court to give relief for the violation of the fundamental rights of citizens of Sri Lanka by former President Mahinda Rajapaksa (Percy Mahendra Rajapaksa) by abusing his powers and unnecessarily deploying the army in all 25 districts at election time. The case SC FR 14/2015 has been filed through his registered attorney-at-law, Lalith Gunarathne and should be taken up in court within the next couple of weeks, Colombo Telegraph is able to reveal today.

The petition complains to the court that an order dated January 2, 2015 issued by the 1^stRespondent (Mahinda Rajapaksa) under Section 12(1) of the Public Security Ordinance was an abuse of the powers under that law, which violated the fundamental rights of the petitioner and all other citizens of the country.

The petitioner says that with the election held on January 8, 2015, he is reliably informed that Sri Lanka Army personnel were deployed between January 3-8, 2015 and during the early hours of January 9, 2015. He draws the attention of court to the fact that numerous media reports and reports from independent election monitors confirm the deployment of Sri Lanka Army personnel on the aforesaid dates. He has forwarded to the court for its information, copies of media reports including an interview with the Former Commander of the Sri Lanka Army, General Sarath Fonseka and copies of periodic reports by the Centre for Monitoring Election Violence (CMEV), alleging the deployment of Sri Lanka Army personnel.

Nagamuwa informs the court that he is reliably informed that the Elections Commissioner, Mahinda Deshapriya (who is made a respondent in the case) appointed under Article 103(1) of the Constitution, is vested with the authority under Article 104D of the Constitution to make recommendations to the President regarding the deployment of the armed forces of the Republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election. The petition goes on to state that he is reliably informed that the Elections Commissioner has made no such recommendation to Mahinda Rajapaksa. He further states that Rajapaksa has arbitrarily made the decision, and that there was no genuine basis for doing so. The Commanders of all three forces and Inspector General of Police are all made respondents to the case.

February 2, 2015

How do I call this government? This question did not arise in the past as governments were elected with a specific name; UNP (1977- 1994), Peoples’ Alliance (1994- 2002), UNP (2002- 2004) and UPFA (2005- 2014). Although the present government is practically run by the UNP, it is hardly to say this is a UNP government as the UNP has less than 50 seats in Parliament. This is a government of multifarious organisations with diverse and conflicting objectives in spite of the presence of a common goal of defeating Mahinda Rajapaksa and his regime.

After the event, it has been political power that keeps these organisations united. Since I need some shorthand, I call the present government MR regime taking into account the two key people in the government, President Maithreepala Sirisena and Prime Minister Ranil Wickremesinghe. The word ‘regime’ suits better because so far the MR government has worked arbitrarily even going beyond the constitution. I could not explain the constitutionality of the so-called National Executive Council.

The government has not yet tried even to test that it has the majority in the Parliament. Similarly, the Opposition is hesitant to challenge the government that it does not have the majority in Parliament. In post-presidential election period, the colour of the ‘frogs’ are blurred.

However, the subject of the column this week is not the possible behaviour of the frogs, but the supplementary budget presented to the Parliament by the new Finance Minister, Ravi Karunanayaka. Does the supplementary budget indicate the economic direction of the new MR regime? My submission is that the speech made by the Prime Minister prior to the presentation of the budget together with the supplementary budget presented by the Finance Minister has revealed the economic direction of the government. Let me add. The two speeches have done that in inverse order. What does it mean? I will come to that issue presently.

As The Island reported last Friday, Finance Minister Ravi Karunanayake making a special statement on the 100-day programme of the new government told Parliament the previous day that the government would increase the salaries of public sector workers by Rs. 10,000, the pension payments by Rs. 1,000, and Samurdi payment by Rs. 750. He also suggested the reduction of the price of a domestic gas cylinder by Rs. 300, 400 grams of milk powder by Rs 61 and 400 grams of Sustagen milk powder by Rs 100. The price of a kilo of wheat flour would be reduced by Rs. 12.50. Other price reductions are: price of a kilo of sugar by Rs. 10, a kilo of green gram by Rs. 10, a kilo of sprats by Rs. 15, one liter of kerosene by Rs. 6, price of canned fish by Rs 60, price of Maldives fish by Rs 200, and one kilo of chilli powder by Rs 25.

Making me particularly happy, the Finance Minister announced that the senior citizens would be receiving a higher interest rate of 15% per annum for their savings up to a maximum of one million rupees for funds deposited in commercial banks. As a relief to farmers, loan concession and minimum guaranteed price for selected items were also proposed. Making the MPs happy, he informed that the funds provided to MPs under the decentralised budget would be increased from Rs. 5 million to 10 million each. As a concession to the Colombo City dwellers who had been relocated against their will the Minister said: "Our government will bear the initial advance of Rs. 100,000 per family borne by the relocated and also bear a part of the rental up to Rs. 250 per month over a period of 240 months". In addition so many other ‘goodies’ have been proposed. As a direct outcome of the budget proposals it has been expected that transport cost would be reduced.

As the budget experts have pointed out these goodies will cost an extra burden for public budget. The loan concession to farmers alone, according to Finance Ministerwill cost the government Rs. 2,500 million.

The Finance Minister has not clearly specified how these extra expenses would be financed. Of course he suggested Mansion Tax of Rs. 1 million, Rs. 500,000 for dual citizenship and a few others. However, the income expected from these tax proposals will not be adequate to bridge the gap widened by new expenditure proposals.

Suggestions have already been made to dilute the proposal of the Mansion Tax exempting many large houses from the tax coverage. The explanations given out from government pundits are not at all convincing. Minister Rajitha Senarathna defined this budget as one based on social market model. The notion of social market model was originated in Germany to designate government intervention in providing social services while sticking to private enterprise in the economy.

The system that now adopted in China, Vietnam or some Latin American countries has no affinity with this model. Deputy Minister of Finance and many others have argued that saving money from preventing waste and corruption would be adequate not only to fiancé the budget deficit but also to advance economic development. This is a very weak argument. Of course, if the new MR regime eliminated waste and corruption, that would save money. Nobody knows its magnitude. Assume it is enough to finance new expenditure, can the government continue with those savings? It is once and for all saving and it can be used only once. So, the argument that elimination of waste and corruption is the chief source of funding does not hold much water unless waste and corruption are seen as continuous, never-ending thing.

In my opinion, answer was given by the Prime Minister in his speech to the Parliament. Referring to the speech by the President Maithreepala Sirisena in Polonnaruwa, he said the country and the people should sacrifice in order to build a sound economy and to achieve economic development.

It really means that as we promised we have given this immediate relief and it cannot be continued unless economy was put on a sound basis. This is story of the IMF and World Bank. This is what EU proposed for Greece. People and countries should accept austerity measures if the countries want to come out of recession. A few days ago, the deputy Finance Minister Eran Wickramarathna referred to a slight decline of Sri Lanka’s ranking in economic freedom index in which Hong Kong is on the top. He said that the intention of the government is to advance the status of Sri Lanka this year to reach the rank of 60 in the index. He also said the country should acquire better place in the index soon. What does it mean? What does economic freedom index signify? Does a higher status in the index necessarily mean a high rate of growth? China is far below of Sri Lanka in the index.

If my memory serves me right it is somewhere near 130. What the Deputy Minister has emphasized is that the new government, as its economic policies are completely in the hands of the UNP, will adopt clear new liberal polices in the future and this relief phase is just a passing and ephemeral phase. So, my conclusion is that the economic policies of the new MR regime does not essentially differ from that of old MR regime.

Bulitha spoils Keerthi’s project!

Tuesday, 03 February 2015

It seems that Keerthi Warnakulasuriya has born again, according to Divaina editorial members, as he has now begun glorifying Gen. Sarath Fonseka, after five years of writing against him to give the impression that it was entirely due to the efforts of Gotabhaya Rajapaksa that the war had been won.

The so-called defence correspondent of the newspaper makes a living out of payments by notorious arms dealers and by weapons catalogues, and has been the number one user, among all Sri Lankan journalists, of Malalasekara English-Sinhala dictionary, say his colleagues.

He had made a big attempt to win over Gotabhaya by handing him over a book named ‘Ghathakaya’, which he had written by robbing the series of articles and only omitting Fonseka’s name, written by Rivira journalist Tissa Ravindra Perera regarding the end of Prabhakaran. It is a well known secret that he had tried to get Gotabhaya to phone up Nimal Welgama and secure a promotion.

He had planned another project to earn commission by writing a series of articles to claim that the floating armoury of Avante Garde arrested recently by police was a legal business. However, another Divaina staffer Bulitha Pradeep Kumara was ahead of him and got an interview from the security firm’s head Nissanka Senadhipathi and published it in the Sunday issue. Failing in his attempt, Warnakulasuriya is now scolding Bulitha, whose act has also denied him an opportunity to earn his pocket money for the Geneva trip for the March human rights sessions. His situation has worsened due to Wimal Weerawansa, owner of lankacnews website of which he is the consultant, is showing his back to him.

Sri Lanka: 67Th Independence Day Formula

Will and capacity to curb corruption, true test of independence

(February 3, 2015, Colombo, Sri Lanka Guardian) The 67th anniversary of the declaration of independence will take place as a hopeful event. The defeat of the repressive and corrupt Mahinda Rajapaksa regime and the resolution of the crisis of judicial independence that was caused by the illegal removal of Dr. Shirani Bandaranayake from the post of Chief Justice have created this environment. That the downslide caused by the 1978 Constitution is being challenged in the government’s 100-day programme makes this day and the event even more meaningful.

( The statement issued by the Asian Human Rights Commission. Read more about their work on Sri Lanka atwww.humanrights.asia)

Respect To Sacred Objects And Buddhism

By Kapila Abhayawansa -February 3, 2015

Prof Kapila Abhayawansa

Many readers of my previous article entitled ‘Does one deviate from Buddha’s teaching by worshiping Objects?’ have presented their comments ether in the way of praise or insult what I have mentioned there. In this regard, I follow the advice of the Buddha: neither gives way to jubilation nor to resentment. Some requested me to openly answer to the questions raised by them in their comments. So I decided to be fair to all by clarifying my stand.

There is an important characteristic of Buddhism to be understood by those who talk about Buddhism. Buddhism is consisted of the teachings of the Buddha presented in different ways (Aneka pariyāyena) to be compatible with the different intellectual levels of the people so as to people understand it according to their capacities. Buddhist canon which includes the teachings of the Buddha does not provide a unitary set of doctrine. The Buddha was not a physician who prescribed one and only medicine for all kinds of sufferings. Buddha wanted to take all people into his path of Dhamma, but not all in the same way. In this respect he followed different methods. The method prescribed to one level of people may be rejected by another level of people. But the validity of each method remains the same.

It seems that many people try to take Buddhism from the angles that they like and think that they have taken whole Buddhism. But they do not know that many parts of Buddhism are left out by them. Taking Buddhism from one angle leads one to grasp viewpoints. It is nicely pointed out by the Buddha in the Bahuvedaniya-sutta where the Buddha said to monks that if each monk takes one aspect of teachings differently preached by me and holds it is the only truth and all others are untruth, then they quarrel each other. That is what is going on here among us on the matter of respect to sacred objects.Read More

Should the US send weapons to Ukraine?

MONDAY 02 FEBRUARY 2015
Pressure grows on the US to send weapons to the Ukrainian military following recent defeats to separatist rebels who it is widely believed are being armed by Russia.

A report released by eight former senior US and Nato officials called on Monday for weapons to be sent to the Ukrainian military, and the New York Times reported senior figures supporting such actions.

Should the US Send Weapons to Ukraine by Thavam Ratna

What does Vladimir Putin really want in Ukraine?

Russian President Vladimir Putin inspects laboratory projects as he visits the National Mineral Resources University in St. Petersburg

Russian President Vladimir Putin inspects laboratory projects as he visits National Mineral Resources University in St. Petersburg, January 26, 2015. REUTERS/Mikhail Klimentyev/RIA Novosti/Kremlin

By Nina Khrushcheva-

February 2, 2015

Confusion, confusion, confusion! This is how Russian President Vladimir Putin, increasingly isolated from Western conversations, keeps the world on its toes. Because only he has any answers.

What Does Vladimir Putin Really Want in Ukraine by Thavam Ratna

Iraqi father shoots dead seven ISIS militants in revenge for son's public online execution - before being gunned down himself

By Tom Wyke for MailOnline and Sara Malm for MailOnline- 2 February 2015

An Iraqi man has shot and killed seven ISIS militants in an act of revenge for his son who was executed by the terrorist group, local media reports.

Basil Ramadan, said to be in his 60s, used an AK-47 to gun down a group of militants at a checkpoint in Tikrit, a city northwest of Baghdad currently under ISIS control, before he was shot.

Iraqi Father Shoots Dead Seven ISIS Militants in Revenge for Son's Public Online Execution - Before Being G... by Thavam Ratna

Palestinian president orders inquiry into newspaper’s ‘Muhammad cartoon’

Artist says image of robed figure spreading seeds of love is ‘symbol of humanity enlightened by the prophet’

The Palestinian president, Mahmoud Abbas, has ordered an inquiry into the drawing in the West Bank-based newspaper al-Hayat al-Jadidah. Photograph: Alaa Badarneh/EPA

Reuters in Ramallah-Tuesday 3 February 2015

The Palestinian president, Mahmoud Abbas, has ordered an investigation into a cartoon apparently depicting the prophet Muhammad in an official Palestinian newspaper.

The move came less than a month after Abbas joined world leaders in a march for free speech in Paris following a deadly attack by Islamist gunmen on the French satirical magazine Charlie Hebdo, which had caricatured Muhammad.

A drawing in the West Bank-based newspaper al-Hayat al-Jadidah on Sunday showed a robed man standing astride Earth and reaching into a heart-shaped pouch to sow seeds of love around the world. The caption reads: “Our Prophet Muhammad”.

Artist Mohammed Saba’aneh, a Muslim, said he meant no harm. The figure was not Muhammad but “a symbol of humanity enlightened by what the Prophet Muhammad brought”, he wrote on Facebook.

Islam frowns on any depictions of its most revered prophet. Strict interpretations of Islamic scripture ban drawing any sentient beings, although court artists in past centuries drew Muhammad in illuminated manuscripts.

In a report late on Monday, the official Palestinian news agency WaFa said Abbas had ordered “an immediate investigation”.

It quoted him citing “the need to take deterrent action against those responsible for this terrible mistake, out of respect for sacred religious symbols and foremost among them the prophets”.

Saba’aneh, one of the most prominent Palestinian cartoonists in a society that has long prized them as incisive critics of Israel, has faced free speech controversy before.

He was imprisoned by Israel for five months and fined last year for “being in contact with hostile parties”. Saba’aneh and his backers said Israel was trying to silence his mordant cartoons.

No public threats have been made against Saba’aneh, who thanked his supporters online. “Despite facing a committee of inquiry, I love this country,” he wrote on Tuesday.

India successfully test-fires nuclear capable Agni 5 missile canister version

Jan 31, 2015

Balasore: India on Saturday successfully test-fired its indigenously developed, intercontinental surface-to-surface nuclear capable ballistic missile 'Agni-5', which has a strike range of over 5000 kms and can carry a nuclear warhead of over one tonne, from Wheeler's Island off Odisha coast.

The three stage, solid propellant "missile was test-fired from a mobile launcher from the launch complex-4 of the Integrated Test Range (ITR) at about 8.06 hours," ITR Director M V K V Prasad said.

Prasad told that the canister version of Agni-5 missile was successfully test launched.

India successfully test-fires nuclear capable Agni 5 missile canister version

Four-year-old Manjunath takes a bath while sitting inside a bucket outside his house in a slum in Mumbai May 23, 2014. REUTERS/Danish Siddiqui/Files

The indigenously developed surface-to-surface missile Agni-5 is capable of striking a range more than 5000 km.

"The missile, witnessed a flawless 'auto launch' and detailed results will be known after all data retrieved from different radars and network systems."

An eye-witness said, "The sleek missile, just within a few seconds of its blast-off from the Island launchpad roared majestically into a clear sunny sky leaving behind in its trajectory a trail of thin orange and white column of smoke and within seconds it pierced the sky".

This launch was the third developmental trial of the long range missile. The first test was conducted on 19 April, 2012 and the second test on 15 September, 2013 from the same base.

The indigenously developed surface-to-surface missile Agni-5 is capable of striking a range more than 5000 km. It is about 17 meters long, 2 metres wide and has a launch weight of around 50 tonnes. The missile can carry a nuclear warhead of more than one tonne.

Unlike other missiles of Agni series, the latest one 'AGNI-5', is most advanced having some new technologies incorporated with it in terms of navigation and guidance, warhead and engine, Prasad said.

"Lot of new technologies developed indigenously were successfully tested in the first Agni-5 trial. The very high accuracy Ring Laser Gyro based Inertial Navigation System (RINS) and the most modern and accurate Micro Navigation System (MINS) had ensured the Missile reach the target point within few meters of accuracy.

"The high speed onboard computer and fault tolerant software along with robust and reliable bus guided the missile flawlessly," said an official.

India has at present in its armoury of Agni series, Agni-1 with 700 km range, Agni-2 with 2000 km range, Agni-3 and Agni-4 with 2500 km to more than 3500 range. After a few more trials, Agni-5 will be inducted into the services.

New aid model needed or world's poorest will wait a century for basics

Four-year-old Manjunath takes a bath while sitting inside a bucket outside his house in a slum in Mumbai May 23, 2014.

Tue Feb 3, 2015

LONDON (Thomson Reuters Foundation) - It will take 100 years for some of the world's poorest people to get basic healthcare, sanitation and education services, unless the current approach to aid is radically changed, said a report published on Tuesday.

Development agencies need to be more innovative and flexible, learn lessons from the world of business and shift focus from volume to quality, said a report by the British think-tank the Overseas Development Institute (ODI).

"For too many poor people, the question is not whether they will have access to services by 2015 or even 2030, but by 2090 or even later," Leni Wild, lead author of the report said in a statement.

In 2015, development goals set at the start of the new millennium will expire with many targets - including some on sanitation and health - unmet.

Without changes to development practices, efforts to reach new goals to be set this year will simply repeat the same failed pattern.

For example, Kenya, one of the fastest growing economies in sub-Saharan Africa, will not provide sanitation for all of its people for another 150 years.

In Ghana, it will be 76 years until all women have access to a skilled health professional at birth, the report said, citing UNESCO figures.

Across sub-Saharan Africa, boys from healthy urban families will be completing primary school education 65 years before all girls from poor rural families will have the same opportunities.

The current "one size fits all" approach to aid doesn't recognise political realities or the competence of certain countries to deliver donor-funded aid programmes, said ODI.

Development agencies should learn from failures and take a problem-solving approach well recognised in other sectors such as business start-ups, said ODI.

"Our research ... has shown us that projects delivering good results are locally led, politically smart and often employ entrepreneurial techniques," said Wild. "Looking how aid works is more important than how much to spend."

On Monday a British parliamentary watchdog urged the government's aid department to go "beyond aid" and to seek new forms of cooperation with the countries it assists.

(Reporting By Magdalena Mis; Editing by Ros Russell)