Ethnic nationalism remains a potent force until supplanted

By Jehan Perera-February 9, 2015

In the immediate aftermath of the change of government and government policy following the presidential election there has been a flurry of visits to Sri Lanka by representatives of foreign governments. The representatives of the foreign governments who are currently visiting Sri Lanka come with a broad mandate to get acquainted with the new situation and to assess the prospects for sustained change. Sri Lanka has several unique factors that give it an importance that is disproportionate to its size. Its strategic location in the Indian Ocean and its large and active Diaspora in many countries would be two of the issues that cater to the self-interest of those countries. There are also more altruistic explanations too.

The peaceful transition from an increasingly authoritarian government that appeared to be entrenched in power to a multi-party government in which there is cohabitation between a president and prime minister who come from rival parties has few if any precedents. The new government's willingness to engage in dialogue with the international community is another positive change of direction. The constructive engagement of the present time in contrast to the approach of the former government whose lack of engagement with the international community was based on an emphasis on Sri Lanka's national sovereignty. In their eyes, engagement accompanied by change was equated as giving in to international pressure. The former government feared that any accommodation on issues of human rights would open the door to an international probe on war crimes.

The outcome of this refusal to engage was detrimental to the country's national interests. The former government's response to the international pressure on it was to appoint its own bodies, such as the Lessons Learnt and Reconciliation Commission and the Missing Persons Commission. But even here its implementation of recommendations made was not convincing and did not give any appearance of a change of heart. This led to the gradual imposition of economic sanctions, such as the withdrawal of EU GSP Plus concession, and to the setting up of the independent investigation into war crimes by the UN High Commissioner for Human Rights. This special UN mandated team is scheduled to present its findings at the March session of the UN Human Rights Council meeting. The report is likely to generate controversy within Sri Lanka, both on account of its findings and the recommendations that are made.

CONTRARY MESSAGES

The representatives of the international governments who are currently visiting Sri Lanka are getting two contrary messages regarding the timing of the release of the UN report on war crimes. One opinion is that they should seek the release of the report as scheduled in March. The other opinion is that the report should be released after the general elections scheduled for June. The first of these two points of view reflect the concern that if the report is not released for the March session of the UNHRC, it may be overtaken by other events and lose its relevance. The other view is that an early release of the report, in the run up to the general election, will enable it to be used as a political weapon within Sri Lanka, and this will be injurious to inter-ethnic harmony and reconciliation in the country.

The promise of the joint opposition, which has been repeated after President Sirisena's election victory, that the new government will hold snap general elections as promised in their 100 day programme may come back to haunt them. Elections in a multi ethnic and multi religious society can become divisive as rival political parties seek to gather votes to themselves. One of the easier ways is to rouse up issues of ethnic identity and the threats to one ethnic group from the others. Now that the joint opposition forms the new government they have to face this challenge, and the reality of competition between political parties that formed their joint opposition alliance. But this will also narrow the options for change, and for dealing with contentious issues, prior to the holding of the general elections.

The victory of President Sirisena at the presidential election was by a very narrow margin. Although he got the largest part of his vote from the Sinhalese community, his opponent, former president Mahinda Rajapaksa, got even more votes from the Sinhalese community than did President Sirisena. The former president utilized the power of ethnic nationalism to the maximum to bolster his voter base. This is a reality that those who are desirous of change in the polity, be they Tamil nationalists or international human rights activists, need to be conscious of. It is also a reality that the new government is also conscious of, and makes them careful in relation to nationalism. The defeat of the former president who sought to mobilize Sinhalese nationalism will be seen as a setback for Sinhalese nationalism. Therefore the new president will need to be especially careful not to make the Sinhalese community feel that their interests are being undermined. It is necessary for the political leadership of the ethnic minorities to realize this and to give more time and space to the new government.

TAMIL NATIONALISM

Despite the need to be cautious the government has made some symbolic concessions to reconciliation. At the Independence Day celebration a statement on peace and reconciliation was read out in all three languages. The statement responded to the recommendation of the Lessons Learnt and Reconciliation which recommended that a separate event be set apart on the National Day to express solidarity and empathy with all victims of the tragic conflict. The Declaration of Peace stated, among others, that "As we commemorate the 67th Independence Day of our nation today, we pay our respects to all the citizens of this country, of all ethnicities and religions, who lost their lives due to the tragic conflict that affected this land for over three decades, and for all the victims of violence since Independence." The breadth of this statement included the rebels who died as well, not only in the LTTE led separatist conflict but in the JVP insurrections as well.

However, reflecting the power of nationalism on both sides of the ethnic divide, the participation of some of the top leaders of the TNA at this year's Independence Day celebration, after a break of over four decades, has given rise to controversy within the Tamil polity. Tension within the TNA which is the largest Tamil parliamentary party has risen over the participation of two of its leader R Sampanthan and deputy secretary M A Sumanthiran at this event. The last time the Tamil leadership attended the ceremony was in 1972 prior to the passage of the first Republican Constitution which replaced the Soulbury Constitution bequeathed to Sri Lanka by the departing British colonial rulers. The 1972 Constitution was passed without accepting any of the proposals made by the mainstream Tamil parties, which saw the worsening of the political alienation of the Tamils from the Sri Lankan polity. Those who opposed their participation appear to have done so as there is still no agreement on a political solution that would meet the aspirations of the Tamil people.

The role of the ethnic and religious minorities in the victory of President Maithripala Sirisena at the presidential election was considerable. Between 80 to 95 percent of the Tamil and Muslim vote respectively went to President Sirisena. This has led to a renewed sense of confidence within the minority communities of their power and role within the Sri Lankan polity. Along with their greater sense of confidence is an expectation that the wrongs of the past will be rectified soon. It is to be expected that there will be impatience that the political and human rights they have long fought for and lost would soon be vindicated following the election result. The victory of President Sirisena at the presidential election was only made possible by the joining together of a rainbow coalition of opposition parties representing different political ideologies and ethnicities. But this has not reduced the power of narrow ethnic nationalism in the country. It continues to exist on all sides and will continue to be a potent force until supplanted by a broader Sri Lankan nationalism, as evidenced by the Tamil leaders who chose to attend the Independence Day celebrations.

Sri Lanka Bar Association asks President to withdraw call for armed forces to maintain public order 

Mon, Feb 9, 2015, 12:58 am SL Time, ColomboPage News Desk, Sri Lanka.


Feb 08, Colombo: The Bar Association of Sri Lanka (BASL) has urged President Maithripala Sirisena to withdraw the renewal order calling the members of the armed forces under the provisions of Public Security Ordinance for active service to maintain public order.

The President, following a practice of the previous government, in an Extraordinary Gazette notification on February 02 called out the armed forces to provide security and maintain law and order in the country in the event the police cannot deal with a situation adequately.

The BASL, which says that there is no lawful justification to maintain the order, in a statement has urged the President to review the situation and cancel the recent extension under the Section 12 of the Public Security Ordinance or to refrain from extending the Order when its validity period expires in three weeks' time. The Order needs to be renewed every month by a gazette notification.

The President, by virtue of the powers vested in him by Section 12 of the Public Security Ordinance, is empowered to call out all the members of the Armed Forces for the maintenance of public order in specified areas of the country.

Frontline Socialist Party (FSP), a leftist party in Sri Lanka, has filed a fundamental rights violation petition in the Supreme Court against the President's order.

MR Rejects Corruption Allegations

February 9, 2015 

Former President Mahinda Rajapaksa who visited Welikada Prison this afternoon to see his former Ministers Premalal Jayasekara and Tissa Attanayake as well as UDA official Managing Director, H. R. Amaraweera said that some of them have been arrested on baseless charges.

Mahinda Rajapaksa

“I came all the way from home to see them but I could not visit Jayasekara since he has been transferred to Kuruwita. Amaraweera has been arrested for possessing the weapon he is officially entitled to hold – he was a former Navy official. . .” he said.

Meanwhile, in a statement issued today, he said the corruption allegations that are being leveled against him are completely baseless.
Speaking to the media outside the Prison, he referred to the claim regarding a luxurious airplane worth 16 million USD, which President Sirisena during an interview said was ordered exclusively for the use of MR and said, “No such plane was ever ordered for my use,” he said.

He made the following explanation with concern to the aircraft in question, “When Sri Lankan Airlines ordered new aircraft, Airbus Industries had provided a complimentary VIP conversion kit to install a cubicle with special facilities for special customers on commercial flights which can be installed and dismantled as required. The sum of 15 million USD was only the manufacturer’s indicative value of this kit which is actually provided free . . .”

He also dismissed the allegations of construction ‘palaces’ for himself in various locations of the country and said none of them were constructed for his private exclusive use.

“The Temple Trees, President’s House and the residences in Nuwara Eliya and Kandy were used by heads of State and government since the colonial era. The presidential residences in Anuradhapura, Embilipitiya, Mahiyangana and Kataragama were built by President Premadasa,” he added.

However Sri Lankan Airlines placed orders for 12 air craft with Airbus Industrie consisting of six A 330 and six A 350 in a major re fleeting exercise, one of which was to be fitted in a tailor made fashion for former President Mahinda Rajapaksa’s use. The A330 was to be fitted like the Air Force 1 used by the President of USA costing millions of dollars. The fitting necessitates gear to be fitted permanently to the front end of the aircraft which would add at least one tonne in weight even when other interior fittings are taken off when in use for commercial transport. The added weight would inflate the cost per flown mile in addition to lesser yields for the troubled airline, Colombo Telegraph reported last month.

Presidential Elections and Prospects for Reconciliation

Our weakness, however, has been our size or impact. We couldn’t reach out as we wanted to. We couldn’t reach out for the broader sections of the Tamils or the Sinhalese. We couldn’t reach out to the Muslims. Of course we have physical or human limitations as we are mostly working people, but I am not talking about that.

by Laksiri Fernando

( February 9, 2015, Sydney, Sri Lanka Guardian) I am not speaking as an outsider. I am an insider to the Sri Lanka Reconciliation Forum, Sydney (SLRF). However, here I express my personal views and they are not necessarily the views of the Forum. Let me first begin on some common premises.

Presidential Elections and Prospects for Reconciliation.odt by Thavam Ratna

Discussion Paper on Constitutional Reform

(Lanka-e-News- 08.Feb.2015, 11.55PM) 

The following are the main proposals for constitutional reform under discussion.

President
The President will be the Head of State, the Head of the Executive and the Commander in Chief of the armed forces. The President shall always, except in the case of the appointment of the Prime Minister or as otherwise required by the Constitution, act on the advice of the Prime Minister or of such other Minister as has been authorized by the Prime Minister. The President may require the Prime Minister and such Minister to reconsider advice given to him and may require Parliament to reconsider a Bill presented to him for assent. He shall act on advice given after reconsideration and shall give assent to a Bill passed after reconsideration.

Discussion Paper on Constitutional Reform by Thavam Ratna

Attempt to appoint a corrupt man as CID director!

Monday, 09 February 2015

Incumbent director of the CID, SSP R.L.D. Ranaweera is to be removed with immediate effect and another corrupt officer, SSP Sugath Nagahamulla is to be appointed to the position, according to documents that are being prepared at the police headquarters.

Reports reaching Lanka News Web say that previously, Nagahamulla was removed as deputy director of the CID on charges of misappropriating money, extorting money from suspects to throw away complaints and using his powers to have sexual relationships with women constables. He is a known womanizer in the department.

The no. 5 unit of the commercial crime division of the CID has recorded a statement given by a complainant that Nagahamulla had demanded and was paid Rs. 500,000 to take up his case.

Despite instructions by president Maithripala Sirisena not to make any changes at the CID that would disrupt important investigations underway, public security, Christian affairs and disaster management minister John Amaratunga has got involved in effecting this transfer. Considering the connections minister Amaratunga has had with the Rajapaksas, this is suspected to be an attempt to cover up investigations against the Rajapaksas, say our sources further.

Incumbent Govt ‘Naked With The Thieves’: Ranjan

February 9, 2015 

Ranjan Ramanayake today criticized the actions of the new government of which, he too is a member, stating this regime is also following a ‘හොරු සමඟ හෙළුවෙන්’ policy with concern to holding corruptive politicians and officials accountable.

Ranjan Ramanayake

MP Ramanayake made this controversial statement today at a seminar titled ‘Condemn Corruption’ organized by the Anti-Corruption Front led by Champika Ranawaka and Shiral Lakthilake.

Meanwhile, Minister Ranawaka who also addressed the gathering said that it is former President Rajapaksa who should be brought to book foremost for the corruptive actions he has committed during his regime.

Sri Lanka’s Newfound (Cautious) Optimism

• by Amra Ghouse 
• - on 02/08/2015 

Amra Ghouse, Kumaran Nadesan, Suthamie Poologasingham, Nima Ranawana and Viranjith Tilakaratne

When Sri Lanka celebrated its 67th Independence Day on February 4, it did so filled with hope that it can finally realize its true social, political and economic potential. Many Sri Lankan Canadians too are now cautiously optimistic about that country’s future.
Sri Lanka’s Newfound (Cautious) Optimism by Thavam Ratna

Why Are You Lying ?

by Mahinda Rajapaksa

(February 9. 2015, Thangalla, Sri Lanka Guardian) False and misleading statements continue to be made about me by members of the present government. At a recent TV interview, it was said that over Rs. 100,000 million (Koti dahadahak) had been allocated to the Presidential Secretariat for the year 2015 and that it had now been reduced to Rs. 2,720 million (Koti 272).

A sum of 100,000 million was never allocated to the Presidential Secretariat. The actual sum allocated for 2015 was Rs. 9,593 million (Koti 959). No less than 25 state institutions such as the National Salaries and Cadres Commission, the National Ocean Affairs Committee etc, were listed under the vote of the President. Former presidents and their widows are also maintained by the Presidential Secretariat under this vote. The Establishments & Organizations Division of the Presidential Secretariat serves all the above mentioned institutions and absorbs the bulk of the expenditure. This expenditure therefore represents a large number of institutions and not only expenditure allocated to the President.

The actual sum allocated to the Office of the President (which is only one component of the vote that is designated under the President) for 2015 was Rs. 3,754 million (Koti 375). This included Rs. 1,000 million (Koti 100) which was meant to be spent on the construction of various community projects around the country. If this item is removed, the expenditure on the President’s Office is reduced to the Rs. 2,750 million (Koti 275) that is said to be the new allocation for the president.

It was also said that a special plane for my exclusive use was to be bought with taxpayers’ money at a cost of 16 million USD. No plane was ever ordered for my use. When Sri Lankan Airlines ordered new aircraft, Airbus Industries had provided a complimentary VIP conversion kit to install a cubicle with special facilities for special customers on commercial flights which can be installed and dismantled as required. The sum of 15 million USD was only the manufacturer’s indicative value of this kit which is actually provided free.

The various presidential residences are being mentioned in such a manner as to convey the impression that I had built them for my use. Temple Trees, President’s House and the residences in Nuwara Eliya and Kandy have been used by heads of State and government since the colonial era. The presidential residences in Anuradhapura, Embilipitiya, Mahiyangana and Kataragama were built by President Premadasa. None of these properties were built during my tenure. It was reported in one newspaper that Temple Trees and President’s House will be opened for public viewing soon. I welcome that because tens of thousands of schoolchildren from rural and remote areas and adults toured Temple Trees even when I was occupying it. It was indeed a pleasure to meet and interact with them and to find out snags in development in their areas. Crowds flocked to Temple Trees for my Poya day programmes as well.

It was also said that some vehicles of the Presidential Secretariat had not been returned. News reports said that 22 Defender Jeeps had been ‘discovered’ in Borella and another 53 vehicles belonging to the Presidential Secretariat found ‘abandoned’ in Pitakotte. These are official vehicle yards of the Presidential Secretariat and to say that vehicles were ‘discovered’ at such places is absurd. The vehicles found in Pitakotte are mostly high security vehicles dating from the 1980s which were condemned but cannot be auctioned off as per the normal procedure. All vehicles used by me and my staff have been returned. The details of other vehicles that had been issued to various officers and institutions under the Presidential Secretariat should be known to the Establishments & Organizations Division and can easily be traced by perusing the register maintained for the purpose.

( The writer is the Former President of Sri Lanka )

Call For A Public Prosecutor & Five Commissions To Dismantle Rajapaksa Mafia

February 9, 2015

A concerned citizen has written to Colombo Telegraph, noting steps that should be urgently implemented by the new interim government if there are to keep their promise of exposing the corrupt deals of the government and hold those guilty, accountable for their actions.

On the condition of anonymity the writer said that the recent revelations following the presidential elections have exposed the manifestations of a criminal state in Sri Lanka that has mainly been the result of the existing structure and manner in which the polls are held.

Pointing out that the entire machinery of the state have been infected by corruption including the judiciary, Police department, the CID, the bribery and corruption commission and the stock exchange, the writer has said that it seems as if a ‘mafia’ has penetrated the entire system.

In order to purge these bodies of corruption and bring about good governance promised during the Maithri governance, the writer has called for the establishment of several commissions with wide powers to investigate the crimes, by giving a period of six months to probe into the allegations.

The writer has called for the appointment of a public prosecutor in the likes of those appointed in USA, Indonesia and Thailand and for the following Commissions to be established under the public prosecutor:

-Commission on the plunder of state resources
-Commission on the narco traffic syndicates in Sri Lanka
-Commission on money laundering
-Commission on foreign deposits
-Commission no land seizures and frauds

Furthermore, the writer has urged all those who voted and worked hard for the victory of the current regime to remain vigilant and form a strong advocacy body to ensure that the politicians practice what they preach and preach what they practice.

Read the concerned citizen’s opinion in full;

Call for a public prosecutor and the establishment of commissions to dismantle the criminal state

Recent revelations after the Presidential Elections, has brought to light many manifestations of a Criminal State. The nature of the crimes committed is staggering in order and extent. Dismantling a Criminal State will not be easy where corrupt practices are a norm in Sri Lanka. It starts with the politicians, who argue that they have to find large sums of money for the elections and as a result has to earn the money for the next elections. Thus the M.P uses his powers of patronage for illicit bribes. This happens from the local government level to the Ministers, Prime Minister and the Presidency. Corruption is all pervasive within the state sector where citizens have to bribe their way to get things done. The Judiciary is also is corrupt to the core. Even Chief Justices to ordinary Judges are known to takes bribes for a friendly dispensation. This is also true of the Police force. The Criminal Investigations Department, the Bribery Commission. The Stock Exchange was also seized by the Mafia. . It would seem that the Mafia has penetrated the entire system. In dismantling the corrupt system, a systematic analysis of the nature of the Criminal State and its scale and extent .

The scale and magnitude of the frauds perpetrated is such that it is import to have several Commissions, with wide powers to investigate these crimes. They should be given a time period of 6 months to investigate critical and important cases.

.In the first instance a Public Prosecutor should be appointed Such Public Prosecution offices have been established in the USA, Indonesia, Philippines and Thailand nod other countries. Under the direction of Public Prosecutor the following Commissions should be appointed :

COMMISSION ON THE PLUNDER OF STATE RESOURCES; From anecdotal evidence, it is clear that there has been a massive robbery of state resources. They range from the abuse of funds used for election purposes, to the use of state funds for the appropriation of the ruling family.

COMMISSION ON NARCO-TRAFFIC SYNDICATES IN SRI LANKA;Today the newspapers are full of the extent of Narco Trafficking in Sri Lanka. The recent arrest of Wile Soda has revealed the involvement of politicians and officials in these frauds. It has also been revealed that Customs have been prevented from arresting these people at the customs, where the highest officials of the land have ordered the release of the cargo. It is also well known that Sri Lanka is a major hub for Marco-Traffic from Afghanistan, Pakistan, India, Sri Lanka, Burma and Thailand.

COMMISSION ON MONEY LAUNDERING; Sri Lanka is a major hub for Money laundering. It is alleged that the Central Bank is a conduit for Money Laundering from Malaysia and India. Significant international attention has been taken with regards the scale of Money Laundering in Sri Lanka.

COMMISSION ON FOREIGN DEPOSITS;  held in off-shore banks. The recent revelations of money held in safe havens have been in headline news recently where trillions of dollars have been moved out of Sri Lanka. The money trail leads from Seychelles. To Uganda, South Africa and other off – shore destinations.

COMMISSION LAND SEIZURES ND FRUUDS; Land frauds are an insidious crime perpetrated on thousands of innocent people. These frauds are being committed by the Mafia, with the connivance of other public institutions such as the Criminal Investigations Department, the Police, and the Land Ministry etc.

Thousands of people have lost their homes and properties. In the North, land grabbing and confiscation has also happened in a massive scale. There are well known practices which the fraudsters use such as changing the deed at the land registry, to evicting home owners and then claiming their properties and also outright evictions.

The Maithri Presidency and government promised the people that they would dismantle the criminal state. Corruption of the ruling family other Ministers was the principle campaign issue. The citizens, who worked hard for the Maithri victory should be vigilant alert, and form a strong advocacy body to ensure that the politicians practice what they preach and preach what they prctiwse. Criminal states around the world have been dismantled in many parts of the world through people’s power. Remain vigilant.

Getting fiscal policy right

February 10, 2015

The country is emerging from a dark age, during which the National Budget and taxpayer’s money was treated like a virtual slush fund for the ruling dynasty and its hangers on.
Accountability, fiscal responsibility, rational monetary policy and good governance was not in the lexicon of the ruling cohort and their bureaucratic and political collaborators. Policy was directed by political expediency, astrologers, who on their own admission, ex post facto, were afraid of telling the truth of what the stars foretold, due to the fear of physical assault, and corrupt bum sucking “ass liquors”.
The painful task of auditing the national accounts and getting to the bottom of the real parameters of the crisis has started. Legislating on the National Audit Commission and the Right to Information Law are in hand under the Maithripalanaya’s 100 day program.
In the meantime, we have to get fiscal policy right. An interview by a former Secretary to the Treasury, suitably edited to make it relevant for today, is reprinted below to indicate the parameters of what has to be done.

Fiscal and monetary crossroads
The nation stands at a fiscal and monetary crossroads. The individual who ran monetary policy with some incompetent cohorts at the policy level has had his passport withdrawn by the Bribery Commissioner. The Chief Justice has been interviewed by the Police Criminal InvestigationDepartment on his alleged role in a political coup.
Emerging out of this dark scenario, there seems to be a chance of liberation. Fiscal policy, at the official level, is at last in the competent hands of an experienced professional who isn’t bombastic.  At the political level the head is an experienced businessman, a welcome change from the self-professed ‘Gamay Bhaiya’!
Don’t get me wrong, I agree totally with Robert Knox, that you wash the mud off a Lankan villager working in a paddy field and he is fit to be King. But there are always exceptions which reinforce the rule!

‘Resplendent Lanka’ once more?
Monetary policy is now in the hands of an experienced professional banker. The National Audit Commission, the Constitutional Council and the Independent Commissions for the Public Service and the Police and Judiciary, etc., will at least bring in a respect for the Rule of Law and principles of good governance including the Dasa Raja Dharma. The Right to Information Act must be exploited in full by a motivated civil society to keep politicians and official on the straight and narrow.
There is the outside chance, against all historical and legacy odds, that Lanka may once again actually achieve the status of being the ‘Resplendent Lanka,’ if not that of ‘Serendipity’ or ‘Granary of the East’ of the past! Or a high-tech hub of South Asia of the future – if not the late lamented ‘Wonder of Asia,’ that of the infamous five hubs!

The price of liberty
But remember, “The price of liberty is eternal vigilance”. The space must be provided for civil society activists to play their essential role in society – no white vans! Mistakes must be exposed and admitted. Flaws must be corrected in time. Frauds and criminal acts are prosecuted to the full force of the law, quickly and completely. The misled put back on the correct track, pulled by their ears if necessary!
The law must rule. Bribery and corruption must be crushed out of sight. Performance must be transparent. Information freely available, subject to genuine public security concerns, of course. Freedom of speech provided and defended. At the same time the law of defamation respected. There is no freedom of the wild ass – or even the Mannar donkey.
As his Holiness the Pope has recently pointed out, in the context of the Parisian Charlie Hebdo related issues on religious freedom and free comment, there are responsible, reasonable, moral and legal limits to freedom. Nothing in this world is unlimited or unconditional.
We have seen in the recent past the full vindication, in operational terms, unfolding, in all its plethora of manifestations, before our own very stunned and dumbfounded eyes, Lord Acton’s timeless dictum – “Power corrupts, absolute power corrupts absolutely”. No sane person, in his right mind, would request an encore!

(The writer is a lawyer, who has over 30 years of experience as a CEO in both State and private sectors. He retired from the office of Secretary, Ministry of Finance and currently is the Managing Director of the Sri Lanka Business Development Centre.)

Dr. Maheshi Wijeratne and her Lover Sumal Perera must be arrested on false evidence

Monday, 09 February 2015
Dr. Maheshi Wijeratne and her Lover Sumal Perera must be arrested and the Dr. must be Barred from Medical Practice for giving false evidence for a payment of Rs 700 Million protect the Murderer Duminda Silva

Dr. Maheshi Wijeratne and Her Lover Sumal Perera Must Be Arrested on False Evidence by Thavam Ratna

Controlling frogs

Editorial-February 8, 2015, 9:42 pm 

It is reported that anti-crossover laws are being mulled over as part of the new government’s package of constitutional reforms. They are most welcome. Public opinion is, however, divided on this issue.

There are two schools of thought. One argues that legislators who defect should be deprived of their parliamentary seats forthwith while the other is of the view that they should have the freedom to sit as independent members and act according to their conscience without accepting ministerial portfolios etc. But, the problem with our politicians’ conscience, if any, is that it too has a price! As such, a legislator may be able to get his or her palms sufficiently greased and back a party of his or her choice on the pretext of remaining independent. Therefore, a by-election in case of a lawmaker defecting and losing his or her seat as a result seems to be a way out. The electoral system will have to be changed for this purpose.

Crossovers have become a matter of grave public concern because they are a threat to political stability. Yes, they render governments unstable and even bring about their collapse as we have seen in the past. In 2001, the UNP dislodged the SLFP-led PA government of President Chandrika Kumaratunga by engineering a spate of defections. However, there has been an instance where defections helped prop up a government to the benefit of the public. But for crossovers from the UNP the UPFA government (2004-2010) would have fallen even before the commencement of the country’s successful war on terror and the defeat of terrorism would not have been possible. Crossovers also played a significant role in ousting the Rajapaksa government last month.

An argument against anti-crossover laws is that they will enable a party leader to put an MP in the straitjacket of party discipline and ride roughshod over him or her whimsically. However, on balance, defections are mostly due to graft and corruption and, therefore, it is only natural that there has arisen a pressing need to prevent them.

For the first time in the post-Independence political history, a government has had to take its manifesto seriously and move at full tilt to implement its election promises. The Opposition has been left with no alternative but to assist it in its endeavour. People have been the beneficiaries. Therefore, serious thought should be given to introducing a constitutional provision to make election manifestos legally binding.

The proposed constitutional amendments are said to envisage limiting the number of Cabinet ministers to 30 besides 40 state ministers and deputy ministers. A small country like Sri Lanka with 45 ministers at the provincial level including nine Chief Ministers who are equal in rank to members of the Cabinet, the number of Cabinet ministers should be restricted to 15 with an equal number of deputy ministers. The practice of appointing State Ministers or Kankaanam Amathies ought to be scrapped.

People are burdened with 225 parliamentarians, most of whom are absent even during important debates. There are about 450 provincial councillors and we suggest that the national legislature be downsized. Let our government worthies emulate Indian Prime Minister Narendra Modi, who has stressed the need for minimum government and maximum governance.

Those who have undertaken to amend the Constitution should not lose sight of the need for a recall system to enable voters to have their say on a parliamentarian’s action where his or her behaviour has fallen below the standards of a lawmaker. An MP found guilty of wrongdoing should be made to resign and face a by-election.

Meanwhile, the need for a constitutional provision to prescribe a ceiling on campaign expenses cannot be overemphasized. At present the sky is the limit and billions of rupees raised by politicians for elections go unaccounted for and anti-social elements including drug barons get elected by bribing voters. This has paved the way for corruption and helped moneybags sway not only individual politicians but also governments. Good governance has become a buzzword today; it is a kind of political nirvana which everybody is apparently striving to achieve.

Transparency and accountability are two main pillars of good governance. Will the UPFA and the UNP-led alliance in power set an example for others by revealing information such as the amount of funds raised for their recent presidential campaigns; who contributed funds and how much was actually spent?

The fish, it is said, rots from the head down. What moral right do political leaders who don’t account for funds they collect for elections have to ask others to refrain from unethical and/or corrupt practices? They are behaving like the proverbial crab which moves sideways while urging its offspring to go straight.

As for the proposed constitutional amendments, the government is tinkering at the edges of a much wider problem which, unless properly tackled, will render the envisaged solutions unworkable. Haste has to be avoided in constitution-making and there should be adequate time and space for a wide public discussion on proposed changes to the basic law before their ratification.

Sri Lankan Airlines – How Safe Are You To Fly?

By Marlon Dale Ferreira -February 9, 2015

Marlon Dale Ferreira

The Deputy General and Chief Executive Officer of the Civil Aviation Authority of Sri Lanka H.M.C Nimalsiri in a stern email addressed to the Sri Lankan Airlines Chief Executive Officer Kapila Chandrasena earlier, had intimated his displeasure regarding the supposedly committed gross violation of the Air Navigation Regulations and the associated violations of International Civil Aviation Organization (ICAO) standards by certain pilots of the airline, thereby threatening the safety of the airline’s operating of commercial flights that carry passengers on board.

Nimalsiri’s email refers to Pilots practicing abnormal and emergency situations on commercial flights when these procedures should never be done with lives at stake.

These maneuvers must only be practiced under the watchful eyes of an Instructor and only in a Flight Simulator, he reiterated.

His opening paragraph stating this startling revelation and threatening the safety of our national carrier Sri Lankan Airlines has raised many eye brows, but more importantly raised the question by future travelers as to “how safe is it to fly with Sri Lankan Airlines anymore?”.

His full email sent in January 2015 reads as follows:Read More

Smart Patriotism, Loyalty To Rulers And Ignorance: A Response To Dayan

By Mahendra De Silva -February 9, 2015

The feeling of patriotism – It is an immoral feeling because, instead of confessing himself a son of God . . . or even a free man guided by his own reason, each man under the influence of patriotism confesses himself the son of his fatherland and the slave of his government, and commits actions contrary to his reason and conscience. –  Leo Tolstoy, Patriotism and Government

In a recent article in Colombo Telegraph Dr. Dayan Jayatillake has given some interesting descriptions of the dumb patriotism and smart patriotism. He has indirectly hinted that anyone who does not fit the above categories would be an unpatriotic. It appears that the purpose of Dayan’s article is to justify his actions in the last few years in politics of Sri Lanka. In this article I wish to contest some of his views on patriotism.

To start, I took following passage from his article;

There is dumb patriotism and there is smart patriotism. When the dumb patriot says “my country right or wrong”, he/she means that whether it does right or wrong in the moral sense, he/she will defend it. When the smart patriot says it, he/she means that whether it is in the right or in the wrong, it is his/her country; the only country she really has or belongs to. It is where he is coming from. It is the place he identifies with. It is where he is rooted. It is home. He will not defend everything its government or state does; but defend the country, he will. In that sense the smart patriot loves his/her country unconditionally though it may be a ‘tough love The dumb patriot thinks his country is the best in the world and even the greatest. The smart patriot does not and his love of country is not based on blind faith or an intrinsic, unwarranted sense of superiority. The smart patriot is constructively critical about his country but is fiercely loyal to it all the same. He will criticize it but will unconditionally defend his country from the hypocritical criticism of foreign powers and institutions responsible for or blind to far worse crimes.

My main disagreement with Dayan’s views on patriotism is that he failed to distinguish the difference between love for the country and love for the rulers of the country. Read More