Indonesia: Activists condemn school girl virginity test proposal

Pic: AP.

By Asian Correspondent Staff Feb 11, 2015

Indonesia President Joko Widodo’s government has come under renewed pressure from human rights activists after a lawmaker said last week that all school girls would be required to take a virginity test in order to graduate.

Habib Isa Mahdi of the People’s Conscience Party (Hanura) said that new ‘good conduct’ regulations are being drafted by Jember Regional Legislative Council (DPRD) which include the virginity test requirement.

The council, however, was quick to distance itself from the proposal, with deputy speaker Ayub Junaidi apologizing for the comments and saying no such regulation was being considered.

“On behalf of the Jember Consultative Council we’d like to apologize to the public, especially to all women and girls across Indonesia,” the lawmaker was quoted as saying by Kompas.com.

Human rights activists were also quick to condemn the proposals. Writing on Human Rights Watch’s ‘Dispatches’ blog this week Phelim Kine, deputy director of HRW’s Asia Division,wrote:

A proposal unveiled last week explicitly aims to bar female high school students who have engaged in premarital sex from receiving the high school diploma they have earned. Boys are exempt from the requirement. The initiative is appalling – but not surprising.
…
President Joko Widodo should send a loud and unambiguous message forbidding “virginity tests” by local government as well as the Indonesian military, police, and civil service.

Andreas Harsono, a Jakarta-based researcher with Human Rights Watch, told the Jakarta Globe this week: “The virginity test is an unscientific, cruel, degrading and discriminatory treatment that a woman should never experience.”

The virginity testing issue is not new to Indonesia, and was condemned in the World Health Organisations’ ‘Health care for women subjected to intimate partner violence or sexual violence’ handbook, released last year.

In 2013, Muhammad Rasyid, head of the education office in South Sumatra’s district of Prabumulih, also proposed virginity tests for female students, sparking sharp criticism on social media and from many Indonesian officials. Then Education Minister Mohammad Nuh described it as a violation of common principles.

Virginity, or ‘two finger’, testing, also made the news in November last when it emerged thatfemale police recruits were exposed to the test, sparking international criticism.

Giving NHS whistleblowers the freedom to speak up

Victoria Macdonald on Health and Social Care

Wednesday 11 Feb 2015

Today’s report is called “Freedom to speak up” – an independent review into creating an open and honest reporting culture in the NHS. In other words, how to listen to whistleblowers and to act on their concerns.  Because currently this does not always happen.

Over the years I have reported on a number of cases in which whistleblowers have had their careers, reputations and lives blown apart because they have tried to do the right thing.

Last year, off the back of Mid-Staffs and the revelations that staff and patients trying to raise concerns had not been listened to, a delegation of six went to see the Health Secretary, Jeremy Hunt, to tell him their very sorry tales. His response was to commission the review led by Sir Robert Francis, the QC who also chaired the inquiry into Mid-Staffs.

And his findings today bear out many of the concerns raised by that delegation.  Sir Robert writes in his letter to Mr Hunt:  “I would have liked to report to you that there was in fact no problem with the treatment of  ‘whistleblowers’ and their concerns.

“Unfortunately this is far from the case.  I was not asked to come to judgments about individual cases, but the evidence received by the review has confirmed to my complete satisfaction that there is a serious issue within the NHS.

“It requires urgent attention if staff are to play their full part in maintaining a safe and effective service for patients.”

So the review recommends “action at every level of the NHS” to make raising concerns part of every member of staff’s normal working life.

He suggests a freedom to speak up guardian in every trust – a named, independent person to support staff; a national independent officer to support those local guardians.

But he also wants the government to review employment legislation to extend protection to include discrimination on the grounds that they are known to be whistleblowers.

This is important, not least because many whistleblowers may be vindicated but they still never work again or have to move away from their homes and families to find new jobs because they are unofficially blacklisted.

One other aspect, Sir Robert deals with, and which I have noticed time and again,  is the way black and ethnic minority staff are dealt with.  His report says that while their experiences are broadly similar to other staff, they feel more vulnerable when raising concerns.

This is because, he says, the culture can sometimes leave minority groups feeling excluded, and cultural misunderstandings may exacerbate difficulties.

Many of the whistleblowers, whose cases I have reported have been from BME backgrounds.  What they say and feel is that the establishment (the white, male establishment) looks after its own.   The ranks are closed against them and is impassable.

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- See more at: http://blogs.channel4.com/victoria-macdonald-on-health-and-social-care/giving-nhs-whistleblowers-freedom-speak/2789#sthash.M5rcKsLi.dpuf

China's Xi to make first state visit to U.S. as both flag problems

U.S. President Barack Obama speaks during a joint news conference with German Chancellor Angela Merkel following their meeting at the White House in Washington February 9, 2015.

BEIJING/WASHINGTON Wed Feb 11, 2015

(Reuters) - Chinese President Xi Jinping will make his first state visit to the United States in September, China said on Wednesday, after both countries' leaders laid out possible areas of friction in a telephone call.

The world's two biggest economies have been trying to ease tension over everything from trade and human rights to exchanges of accusations of hacking and Internet theft.

U.S. President Barack Obama called for "swift work" by China to narrow differences on cyber issues, the White House said, as the two sides started planning for Xi's visit to Washington.

Last May, the United States charged five Chinese military officers with hacking into U.S. companies to steal trade secrets. China showed its anger over the allegations by shutting down a bilateral working group on cyber security.

In a phone call with Xi, Obama said he looked forward to welcoming him to Washington for the state visit, the White House said in a statement late on Tuesday.

China's Foreign Ministry said Xi had accepted Obama's invitation and would visit in September. Xi and Obama had an informal summit in California in 2013, and Obama made a state visit to Beijing last November.

Xi flagged his areas of concern to Obama during the conversation, saying he "hopes the U.S. side can pay attention to China's concerns on the Taiwan and Tibet issues, and prevent China-U.S. relations from suffering unnecessary interference".

China has been angered in the past by U.S. weapons sales to Taiwan, which has been ruled separately since defeated Nationalist forces fled to the island at the end of a civil war in 1949.

Beijing also regularly warns against foreign support of exiled Tibetan spiritual leader the Dalai Lama, whom it sees as a "splittist" seeking to establish an independent Tibet.

Obama and the Dalai Lama both attended a prayer meeting in Washington last week, angering Beijing.

However, the two countries also work closely on many important international issues, such as efforts to curb the nuclear programmes of Iran and North Korea.

"The two leaders reaffirmed their commitment to coordinate closely on security challenges, including by jointly encouraging Iran to seize the historic opportunity presented by P5+1 negotiations," the White House added.

The nuclear talks with the United States, Russia, China, Britain and France aim at clinching an accord to ease Western concern that Iran could pursue a convert nuclear weapons programme, in return for lifting sanctions that have ravaged its economy.

Negotiators have set a June 30 final deadline for an accord, and Western officials aim to agree on the substance of that deal by March.

China said Xi and Obama had also discussed North Korea and this year's 70th anniversary of the end of World War Two.

(Reporting by Peter Cooney in Washington, and Ben Blanchard and Michael Martina in BEIJING; Editing by Jeremy Laurence, Robert Birsel)

The U.S. government is poised to withdraw longstanding warnings about cholesterol

Time to put eggs back on the menu? (Deb Lindsey for The Washington Post)

By Peter Whoriskey February 10 at 11:35 AM
The nation’s top nutrition advisory panel has decided to drop its caution about eating cholesterol-laden food, a move that could undo almost 40 years of government warnings about its consumption.
The U.S. Government is Poised to Withdraw Longstanding Warnings About Cholesterol by Thavam Ratna

NPC passes resolution asking UN to investigate genocide of Tamils by Sri Lanka state

10 February 2015

The Northern Provincial Council passed a resolution today calling on the UN inquiry to investigate the genocide of the Tamil people by the Sri Lankan government and recommend appropriate measures for the International Criminal Court, stating that the Tamil people have no faith in domestic commission. 

The resolution, tabled by the chief minister of the province, Justice C V Wigneswaran, was passed with an overwhelming majority around 9.30am local time.

"This resolution provides as overview of the evidence demonstrating successive Sri Lankan governments' genocide against Tamils, and respectfully requests the ongoing United Nations Office of the UN High Commissioner for Human Rights Investigation on Sri Lanka (OISL) to investigate the claim of genocide and recommend appropriate investigations and prosecutions by the International Criminal Court (ICC)," the resolution read. 
Stating that the "Tamils have no hope for justice in any domestic Sri Lankan mechanism, whether conducted by the Rajapaksa regime, Sirisena regime, or its successor" the resolution called for justice and accountability for the Tamil genocide "to be driven and carried out by the international community". 

See full resolution here. Extracts reproduced below: 

"Although the OISL investigation is a time-bound effort focused on February 2002 – November 2011, Sri Lanka’s genocide against Tamils began with the island’s independence. Since then, Tamils across Sri Lanka, particularly in the historical Tamil homeland of the NorthEast, have been subject to gross and systematic human rights violations, culminating in the mass atrocities committed in 2009. Sri Lanka’s historic violations include over 60 years of state sponsored anti-Tamil pogroms, massacres, sexual violence, and acts of cultural and linguistic destruction perpetrated by the state. These atrocities have been perpetrated with the intent to destroy the Tamil people, and therefore constitute genocide."

"The obligation to prevent and punish genocide under the Genocide Convention is not a matter of political choice or calculation, but one of binding customary international law. This Council urges OISL to comprehensively investigate and report on the charge of genocide in its submission to the UN Human Rights Council in March 2015. The UN Security Council should refer the situation in Sri Lanka to the International Criminal Court for prosecutions based on war crimes, crimes against humanity, and genocide. Alternatively or concurrently, domestic courts in countries that may exercise universal jurisdiction over the alleged events and perpetrators, including but not limited to the United States, should prosecute these crimes."

"To this day, Tamils in the NorthEast suffer from Sri Lanka’s ongoing genocide. In some areas of the NorthEast, there is 1 soldier for every 3 Tamils; this level of militarization is utterly unjustifiable, given that war ostensibly ended over 5 years ago. In Tamil-speaking areas, the Sri Lankan military has exponentially increased its role in Tamils’ daily life, expanded the amount of land it controls, and is establishing itself as a permanent, occupying presence. There has been no change in the oppressive level of militarization in the NorthEast with the election of Maithripala Sirisena. The extreme level of militarization uniquely affects Tamil women. There are approximately 90,000 female-headed households in the NorthEast after the end of the armed conflict. These women are especially vulnerable to sexual violence due to the military’s predatory practices. This Council urgently calls upon the international community to create conditions suitable and sustainable to protect the Tamils of the NorthEast Provinces in Sri Lanka from genocide."

"The case of genocide in Sri Lanka is unique among genocides in history because it occurred over several decades and under different governments before intensifying into a no-holds-barred war for nearly three decades and culminating in the mass atrocities of 2009. It is accordingly vital that Sri Lanka’s historic violations against Tamils, in addition to the 2009 attacks, are addressed through an international mechanism in order to combat Sri Lanka’s institutionalized impunity. This international intervention, coupled with action to promote the respect of human rights, is necessary to ensure a sustainable future for self-determination, peace, and justice, in Sri Lanka and for the Tamil people."

We are at the Threshold of a Momentous Era of Our Country – CJ K. Sripavan

[Justice K. Sripavan taking oath as Chief Justice]-10/02/2015
As all of you are aware that, in a democratic government, the power of the judiciary depends largely on its reputation for independence, integrity and wisdom. The strength of the Judiciary entirely consists in the moral allegiance which it can evoke by the hold it has over the hearts of the people and in this respect it may be borne in mind that a good Bench means a good and efficient Bar. Both lawyers and judges ought to be conscious of the radical change that is taking place in the fundamental aspects of law. The future holds a challenge for all members of our profession; for the law must be stable it cannot be static. Changing times throw down new challenges and changing situations pose new problems. Since we are standing on the threshold of a momentous era in the history of our country, the work we are doing at present, and will do in the future should amount to a substantial contribution in shaping the future of the country.

The members of the legal profession should strive to occupy a prominent place in the hearts of the people and the public life of the country. Thus, the strength and stability of a democratic state rests upon the vision and wisdom of its legislature, the efficiency of the Executive and the integrity, impartiality and independence of its Judiciary.

It is now well settled that rule of law demands that powers vested in the State are not to be used in a capricious, unreasonable and arbitrary manner. It is a fundamental principle of our Constitution that every organ of the State derives its power from the Constitution and this Court is assigned the delicate task to determine what is the power conferred on each branch of the Government and whether any action of the branch transgresses such limits. It is for the judiciary to uphold the constitutional values and to enforce constitutional limitations. That is the essence of the rule of law. The fundamental right to move this Court can, therefore, be appropriately described as the corner-stone of the democratic edifice raised by the Constitution. It is significant to note that the “Directive Principles of State Policy” which is described as “the social conscience of the Constitution” are in the nature of an instrument of instructions which both the Legislature and Executive must respect and follow. These provisions are part and parcel of our Constitution and it is the duty of this Court to take due recognition of them and make proper allowance for their operation.

It may be appropriate to lay down the correct proposition of law as quoted by Justice Sen in the case of Bandhua Mukti Morcha Vs Union of India (AIR 1984 SC 802)

”We have to bear in mind that in this land of ours, there are persons without education, without means and without opportunities and they also are entitled to full protection of their rights or privileges which the Constitution affords When this Court is approached on behalf of this class of people for enforcement of fundamental rights of which they have been deprived and of which they are equally entitled to enjoy, it becomes the special responsibility of this Court to see that justice is not denied to them and the disadvantageous position in which they are placed do not stand in the way of their getting justice from this Court.

”

This observation made by the Indian Supreme Court applies with equal force to our jurisdiction as well. In other words, it is not merely a right of an individual to move the Supreme Court but also the responsibility of the Supreme Court to enforce the fundamental rights. It is not only the right and power but also the duty and obligation of this Court to see the fundamental right of every citizen is protected and safeguarded.

As noted by Judge C.G. Weeramantry in his monumental work titled, Towards One World, this Court has been the repository of the confidence of our people who have always known that neither fear nor favour, neither wealth nor power nor influence will stand between them and the assertion of their rights. That has been the tradition of our Courts and so may it ever remain. So may also the greatness, dignity and authority that have hitherto distinguished our Courts, abide with them through the years to come.

It is the privileged function of the members of the Bar to lend, aid and assistance to the Courts in upholding the best democratic traditions in regard to administration of justice. A duty to assist the Court to the utmost of its skill and ability in the proper manner is considered to be of a paramount duty of each and every lawyer. It cannot be forgotten that the exalted position which judges enjoy today is the result of the joint contribution made by members of the Bar and the Bench. Courts have no Police; no Army; no power of the purse. While the administration of justice draws its legal sanction from the Constitution, its credibility rests in the faith of the people.

Indispensable to that faith is the independence of the judiciary. Public confidence in the administration of justice is imperative to its effectiveness, because ultimately the ready acceptance of a judicial verdict gives relevance to the judicial system. We should always try to see that our Courts of law should be Temples of Justice and it is our proud privilege to work together in order to make democracy of our country to be the best symbol and emblem for the whole region. And, for all of you assembled here, this is a day which I will treasure in my memory during my lifetime. Adorning the Bench with my Brothers and Sisters is a piece of rare good fortune. Chief Justice Stone of the Supreme Court of America once said; “Precisely because judicial power is unfettered, judicial responsibility should be discharged with finer conscience and humility than that of any other agency of Government.

I am conscious of the onerous responsibilities fallen on my shoulders with the assumption of my duties as the ‘Chief Justice’. With the co-operation of my judicial and professional colleagues, I look forward to a happy association in which all of us shall in a spirit of friendship continue to serve the cause of justice to which we all, Bench and Bar alike are dedicated.

– (From the Chief Justice K. Sripavan’address at the ceremonial sitting of the Supreme Court)

Mathiaparanan Abraham Sumanthiran- MP

He took on the basic confrontation of the nation: The racial divide of the north and south. Physically the war has been won but there has been no meeting of the minds of the north and south, he pointed out. The estrangement of the Sinhala and Tamil community for three decades and the need for reconciliation and reunification has been shied away by leaders of both communities.

A remarkable feature of the Independence Day parade was the attendance of Tamil National Alliance leader Rajavarothayam Sampanthan and M. A. Sumanthiran, MP, also of the TNA. It was 43 years after MPs of a recognised Tamil political party attended an Independence Day parade.

This was certainly a giant leap in north-south relations and those who hope for a vibrant, united Sri Lanka will be wishing that this vital breakthrough will be pursued.

A King In His Own Right

Tuesday, February 10, 2015

President Maithripala Sirisena’s speech on Independence Day was a refreshing change from such speeches the nation has been subjected to for a long time. It was a plain, simple speech sans rhetorical flourishes and bombast but was relevant to most of his audience which expected changes as he had promised in his election campaigns.

Within 35 days of his assuming office he has kept some of the substantial pledges he had given the people such as the whopping salary increase of Rs 10,000 per month to public officials. The price of ten essential commodities had been reduced and the price of fuel slashed, among many other price reductions. Injustices committed on Sri Lanka’s war hero General Sarath Fonseka and Chief Justice Shirani Bandaranayake had been rectified. What is remarkable about keeping his promises is the speed at which the pledges made had been kept. This performance should be ranked in a global contest on promises made and kept by politicians.

But Sirisena, in his Independence Day speech in the shadows of parliament and the beautiful environs of the Diyawanna Lake with the diplomatic community  in attendance, resisted the temptation of petty politicians: thumping on their chests and claiming: ‘I, me, myself and me’ for the good work done. That was the culture of a simple man born and bred and educated in the vast open paddy lands of Polonnaruwa, where the only dividend is working hard in the sun scorched paddies to yield a bountiful crop.

He took on the basic confrontation of the nation: The racial divide of the north and south. Physically the war has been won but there has been no meeting of the minds of the north and south, he pointed out. The estrangement of the Sinhala and Tamil community for three decades and the need for reconciliation and reunification has been shied away by leaders of both communities.

After a war – either civil or international – the call for unity and magnanimity is made by the victors. The losers are cowering in defeat. Thus, it was for the majority community led by the government in power to extend the hand of friendship to their fellow civilians – not the terrorists even though defeated. The terrorists had to be considered later.

But what went on after victory  were street parties – Kiribath gobbling ceremonies and raban playing – for months on end. These ‘victory ceremonies’ were soon converted to political ceremonies. The men and women who fought and died in the battle were of little concern. The politicians were those who won the war!

Naturally the Tamils felt ignored and isolated as they retained a sullen silence. A large number of their children and family members were still held in custody without being given fair trial, some very valuable lands seized. True, 300,000 Tamil civilians were rehabilitated and vast areas cleared of landmines. These are significant contributions but without any contact at political, social or any other level, the communities are still living apart. The dignity of the Tamil people as equal citizens of this country has not yet been restored.

A remarkable feature of the Independence Day parade was the attendance of Tamil National Alliance leader Rajavarothayam Sampanthan and M. A. Sumanthiran, MP, also of the TNA. It was 43 years after MPs of a recognised Tamil political party attended an Independence Day parade.

This was certainly a giant leap in north-south relations and those who hope for a vibrant, united Sri Lanka will be wishing that this vital breakthrough will be pursued.

President Sirisena did not forget his own people – the poor who lived off the land in poverty and in other places. He spoke of the need for their social upliftment.

Sirisena’s down to earth speech would certainly have won the hearts of the down trodden.

So far he has shunned presidential luxuries – a fleet of limousines, chosen a modest official residence and dispensed with ridiculous honorifics such as ‘Your Excellency’ and ‘First Lady’.

Sinhala tradition has it that a rice cultivator, taken off the field and washed of his mud, is fit to sit on the throne. The son of a Polonnaruwa cultivator has shown that he is a king in his own right.

Mahinda Rajapaksa recommended Singapore 

Sarath to be coordinating secretary? 

Tuesday, 10 February 2015 

There is justifiable suspicion that it was on the recommendation of former president Mahinda Rajapaksa that Don Sarath Kumara Edirisinghe alias Singapore Sarath, a suspect-turned-state-witness in the murder of Kelaniya Pradeshiya Sabha member Hasitha Madawala, has been appointed a coordinating secretary to public security minister John Amaratunga, law and peace ministry sources say.

Singapore Sarath is the owner of Samanala Restaurant in Kiribathgoda and was involved in illicit alcohol and other rackets in the area when he was a coordinating secretary to former minister Mervyn Silva.

The CID has reported to the magistrate’s court that the son of Singapore Sarath had given the pistol to Madawala’s killer Rangana Kumara, who is the son of his elder sister. After the murder was committed, Singapore Sarath had kept Rangana in hiding and had planned to send him to Singapore, but he was arrested at the airport.

The first suspect of the Madawala murder, Singapore Sarath was freed following three months in remand custody on the order of the former president. At a request of Mervyn, Mahinda had ordered the attorney general’s department, which was under him at the time, to release him under any pretext. Initially, the department objected, but after the president used his filthy language on a top official there, Singapore Sarath was declared a state witness and freed.

Later, when he met Singapore Sarath, Mahinda had said that Rangana too, could be given a presidential pardon once things cooled down. A person with such a record being appointed a coordinating secretary of the law and peace ministry will leave good governance at the mercy of the gods, a top official of the department told our reporter.

Special Presidential Commission To Probe Into Rajapaksa Regime Corruption

February 10, 2015 

President Sirisena today announced that a special Commission will be appointed within the coming week to probe into the massive scale corruption that had occurred during the Rajapaksa regime.

Speaking at an event in Aralaganwila last night, President Sirisena while admitting that there has been a delay in bringing those who engaged in corruptive deals to book, said nevertheless those who are found guilty will be duly reprimanded legally as promised in his 100-day program .

As per the schedule noted in the 100-day program, this commission was to be appointed on February 5. This promise comes midst rising criticism from various quarters in the country concerning a reluctance of the incumbent regime to stick to the promise made to hold corrupt individuals accountable for their actions.

$58.3M held in Swiss accounts by 92 Sri Lankans

TOP COUNTRIES

February 10, 2015

Ninety-two Sri Lankan citizens hold a total of $58.3 million in 129 Swiss bank accounts, according to data released by the International Consortium of Investigative Journalists (ICIJ) and leaked by an HSBC whistleblower.

The maximum amount of money associated with a client connected to Sri Lanka was $10.7 million while the island nation is ranked #112 among the countries with the largest dollar amounts in the leaked Swiss files.

According to Swiss Leaks, 88 client accounts were opened between 1974 and 2006 and linked to 129 bank accounts. Of the 92 total clients 18% have a Sri Lankan passport or nationality.

ICIJ notes that each client could be linked to more than one country and that there are more than 19,000 clients not associated with any country.

It’s not illegal to have accounts in Switzerland, which is known for its banking secrecy, but it raises questions about the transparency of public funds, particularly at a time when Sri Lanka is probing massive frauds and corruption during the previous regime and attempting to locate hidden wealth.

“There are legitimate uses for Swiss bank accounts and trusts. We do not intend to suggest or imply that any persons, companies or other entities included in the ICIJ Swiss Leaks interactive application have broken the law or otherwise acted improperly,” the group said.

The Swiss Leaks project is based on a trove of almost 60,000 leaked files that provide details on over 100,000 HSBC clients and their bank accounts.

The files at the foundation of the Swiss Leaks articles and the interactive application are based on data secreted away by Hervé Falciani, a former HSBC employee-turned-whistleblower. He turned the data over to the French government in 2008 and its tax authority launched an investigation.

The French newspaper Le Monde obtained a version of the tax authority data, which covers accounts of more than 100,000 clients (individuals and legal entities) from more than 200 countries. The newspaper shared it with ICIJ with the agreement that it would assemble a global team of journalists to explore the data and produce this reporting project.

The data comes from three types of internal bank files from different time periods. One reflects clients and their associated private accounts at the Swiss branch of the bank mostly from 1988 to 2007.

Another is a snapshot of the maximum amounts in the client accounts during 2006 and 2007. The third is of notes on clients and conversations with them made by bank employees during 2005.

The files show the accounts to hold more than $100 billion in total, from $12.6 billion held in the name of governmental institutions from the oil rich nation of Venezuela under the late former leader Hugh Chávez, to amounts recorded as zero. The confidential files also provide a wealth of other detail, such as secretive offshore companies linked to some accounts.

The Swiss government on its part said these names are from “stolen data” — an assertion that might make it difficult for countries to get details on these accounts without any additional evidence.

Switzerland, however, said the country is “strongly committed” to fight against the black money menace following change in its policy a few years ago.

“The published information is based on the known list with stolen data of the years 2007 and earlier,” a Switzerland government spokesperson said from Berne.

Amid this global expose revealing tax dodging through accounts in its Swiss bank, British major HSBC on its part has admitted to past lapses even as it claimed that rigorous control are now in place to curb illicit fund flows. Asserting that it has taken significant steps over the past years, HSBC said its Swiss private bank has witnessed almost 70 per cent decline in its client base since 2007.

Details of more than 1,00,000 account holders around the world, including over 1,000 from India, have been revealed through a joint investigation by the International Consortium of Investigative Journalists (ICIJ).

“We acknowledge that the compliance culture and standards of due diligence in HSBC’s Swiss private bank, as well as the industry in general, were significantly lower than they are today,” HSBC said in an email statement.

Switzerland, long known as a place with unbreakable banking secrecy, has come under intense global pressure to crack down on illicit fund flows.

Click to visit: Swiss Leaks (Sri Lanka)

Right to Return: An unresolved issue in Jaffna

February 9, 2015, 12:00 pm 

Last week I had a view of another lagoon—in Jaffna. On Thursday, early in the morning, I took the Chinese built train to Kankasanturai that ran on Indian tracks after Vavunia. The train took more than seven hours to reach Jaffna, my destination. This time I travelled by train after 35 years; my last train journey to Jaffna was in July 1980, during the time of the general strike.

Right to Return an Unresolved Issue in Jaffna by Thavam Ratna

Constitutional Amendments formulated

by Manjula Fernando-Sunday, 8 February 2015 

Two important Constitutional Amendments, as promised by the Government as the Common Opposition during its election campaign, are now in the initial stages of formulation. The 19th and 20th Amendments will carry important reforms to prune executive presidency and bring in electoral reforms, both of which are expected to be fulfilled before the next general election.

Dr. Jayampathy Wickremaratne

The Sunday Observer met one of the key brains behind the project, Constitutional Law expert Dr. Jayampathy Wickremaratne last week to discuss what to expect under the Amendments and what the new law meant for the people of Sri Lanka.

Excerpts of the interview,

Q: What is the need for a 19th Amendment to the Constitution ?

A: Democracy and Governance were the main issues at the last election. Of course there was the question of the cost of living. But governance issues arose out of the constitutional provisions that provide for authoritarian rule and that was what the Rajapaksa regime did.

Constitutional Amendments Formulated by Thavam Ratna

One month since people’s tsunami: new president, new PM still clueless!

 

Tuesday, 10 February 2015 

Overtaking the velocity of the tsunami that devastated Sri Lanka’s coastal area on December 26, 2004, a people’s tsunami to save the entire country from wicked, corrupt persons hit the king who resided at Temple Trees and he was thrown away to Tangalle on January 08, 2015. This people’s tsunami brought a person, who tried for 20 long years at the opposition leader’s office to safeguard his position, to Temple Trees.

The people’s tsunami brought a simple, just man from Pulathisipura to the top position in the country. Still, both cannot comprehend as to what has happened. Ranil still acts like an opposition leader. Maithripala Sirisena holds the position of the executive health minister. A clueless Mahinda Rajapaksa remains in Tangalle. Proving the Buddha’s words ‘Thanhaya Jayathi Shoko’ to be true, he still tries to regain consciousness, after failing in his attempt to make the two years in his hands into eight years. It is natural that he should be under severe mental stress.

The new president spends a considerable period of his time every day to engage in meditation, say sources close to him. The pictures of Che Guevara, Marx and Lenin that adorned his office have now been replaced by pictures of Mahatma Gandhi and Nelson Mandela. Mr. Maithripala Sirisena now speaks a word after thinking twice, say those closest to him. He now patronizes his previous business friends very cautiously. He is now more of a real follower of Buddhism than a politician.

Mr. Ranil Wickremesinghe’s situation is no better. He never thought of taking oaths as the prime minister, soon after the swearing in of Mr. Sirisena. What has happened was quite unexpected for him. He is not prepared to be in the position of prime minister. The best example for that is the situation at the prime minister’s office. His personal assistant Sandra still goes about her activities at a snail’s pace. The 10 emails previously received have increased to 200 now. But, Sandra still responds to her habitual 10 emails. Without sending someone else, she personally goes to the prime minister’s residence in Nuwara Eliya to take its inventory. When told to employ a few people under her, she says ‘I want to do it myself.” Sagala is a nominal head of the prime minister’s staff. Saman Athaudahetti and Sudath Chandrasekara still consider themselves as being at the opposition leader’s office. Daya runs around with ‘the prime minister’s diary’ in hand. All these are good, honest people. But, new secretary to the prime minister Saman Ekanayake cannot clap with one hand.

By now, the entire mechanism of the UNP has become inactive. Its general secretary Kabir Hashim is running with a burden he cannot shoulder. He is burdened with more and more work. It was wise to appoint Malik Samarawickrema as the chairman, even belatedly. He was the behind-the-scene man in the party’s victory. If Malik and Kabir stand up shoulder to shoulder, they can make the party mechanism live and healthy once again. The lads and lasses who worked for the party with death warrants in their hands have become discouraged. Malik and Kabir should comprehend this situation in view of the general election that comes up in three months’ time.

Every political party in Sri Lanka has this weakness of having plans only until they gain power. None has a lasting programme for the retention of power. In politics, gaining power is 25%, while retention of power is 75%. The crisis happens in the retention of power. If there is no proper programme for that, another tsunami could come in the way from the direction of Tangalle.