Sunday, May 24, 2015

Govt. & Opposition Agree on 10-member Constitutional Council

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( President Sirisena has appointed Champika Ranawaka as his representative to the CC)

24/05/2015

In spite of heavy ‘confrontations’ both in and outside parliament over allegedly fraudulent Treasury bond issues, the UNP-led government and the Opposition have reached agreement on the formation of a 10-member Constitutional Council paving the way to the setting up of 11 Independent Commissions.

Of the 10-member Constitutional Council, three are ex-officio members – namely Prime Minister Ranil Wickremesinghe, Speaker Chamal Rajapaksa and Opposition Leader Nimal Siripala de Silva.

In accordance with the recently adopted 19th Amendment to the Constitution, Wickremesinghe and de Silva named MP Wijeyadasa Rajapakshe, PC and John Seneviratne as nominees of the UNP and the SLFP, respectively, government sources told The Sunday Island.

Responding to a query, sources said that Wickremesinghe and de Silva had agreed on one-time UN Under Secretary General Radhika Coomaraswamy and former Auditor General S.C. Mayadunne as two of the three civil society representatives in the CC, whereas Muslim political parties agreed to reach a consensus on their representative over the weekend.

SLMC leader Rauff Hakeem yesterday told The Sunday Island that consultations were taking place among Muslims, including Minister A.H.M. Fowzie, UNP General Secretary and Minister Kabir Hashim as well as Minister Rishard Bathiudeen to reach agreement on what he called an eminent and apolitical person. “We confident of reaching agreement on this during the weekend, he said.”

Sources said that smaller parties, including the JVP agreed on veteran politician R. Sampanthan as their representative. President Maithripala Sirisena named JHU stalwart Patali Champika Ranawaka as his representative, setting the stage for the CC to meet this week to enable the setting up of 11 Independent Commissions. JHU spokesperson Nishantha Sri Warnasinghe yesterday confirmed Minister Ranawaka’s appointment.

Well informed sources said that the formation of the 11 Independent Commissions would pave the way for President Maithripala Sirisena to dissolve parliament. Sirisena told state and private heads of media as well as editors of print media that a new government would be in place in September though he didn’t comment on possible date for dissolution of parliament. However, the President emphasized in no uncertain terms that failure to reach consensus on electoral reforms envisaged in 20th Amendment to the Constitution wouldn’t be an obstacle to his plans to dissolve parliament to ensure September deadline for a new government.

Ministerial sources told the Sunday Island that the dissolution would be subject to appointment of the 11 Independent Commissions. Sources pointed out that the CC’s composition had to be amended due to the SLFP strongly objecting to original proposal for seven civil society members in the grouping.

Ministerial sources said that the UNP gave in to the SLFP’s demand to ensure Opposition backing for the 19th Amendment.

Sources said that all Independent Commissions would be activated before the dissolution of parliament though some were skeptical about the possibility.

The passage of 19A fuelled speculation that Ven. Maduluwawe Sobitha thera, who had spearheaded the campaign to oust then President Mahinda Rajapaksa would be accommodated in the CC. The Opposition also alleged that the UNP was planning to include lawyer J.C. Weliamuna and prominent human rights activist Dr. Pakiasothy Saravanamuttu in the CC.

The UNP alleged that a group backing former President Mahinda Rajapaksa had been working overtime to undermine 19A and the subsequent process meant to name 10-member CC and members of Independent Commissions. That had been a strategy to destabilize the Sirisena-Wickremesinghe administration, the UNP said, expressing confidence the government project was on the right track.

by Shamindra Ferdinando

Trinco Bishop reminds India, UK on moral obligations, denounces domestic processes

[TamilNet, Saturday, 23 May 2015, 23:24 GMT]
“If we are to view the recent history, the judicial system [of Sri Lanka] has been deployed against the interests of Tamils. Be it the State or it's military, the system has been deploying these laws against Tamils, further complicating the difficulties faced by them”, said Rt. Rev. Dr. Kinglsey Swampillai, the Bishop of Trincomalee, in an exclusive interview to TamilNet this week. “Although the Tamils have been waiting for a solution to relieve their plight for a long time, there is still no ray of light in this regard,” he said. Noting that India and the UK have contributed to the complexity of the dynamics enabling the successive SL governments to sustain the oppression on Tamils, the Bishop urged Tamils of reminding these Powers on their moral obligation to mediate between the Tamils and the Sri Lankan government to arrive at a political solution resolving the underlying conflict.

“No one can blame the Tamil people for externalizing their demands and grievances to the United Nations,” the Bishop categorically stated.

The Sri Lankan government is responsible for the situation of making Tamils to externalise their demands, the Bishop said.

“Although a new government has come to power, it seems to afraid or not willing to risk alienating the majority community by initiating anything positive towards the people of the minority Tamil community,” the Bishop said on the new government in Colombo and added: “...this proves that there is no utility in pursuing negotiations in a domestic or internal process to secure any of the minimal demands of the Tamil people towards finding a political solution.”

There is no will among the actors in the government to practice what they preach, the Bishop further said.

“The faith in finding a solution has been eroding among the Tamils. Thus, they are led to seek international intervention in compelling the government to act in accordance with what it claims about practicing equity and equality.”

The Bishop was wondering why the TNA leadership was reluctant in openly urging India to deliver a stronger model beyond the 13th Amendment. However, he was not criticising the TNA hierarchy, as he believed the TNA leaders were also acting with ‘good intentions’.

However, the Bishop was urging the Tamil leaders and the people to carefully peruse the conditions faced by them and to externalize their demands and grievances to the outside world.

Tamils being neglected at venues at home are compelled to address their demands at the level of the United Nations.

“No one can blame the Tamil people for externalizing their demands and grievances to the United Nations,” the Bishop categorically stated.

During the multi-religious commemoration events held in Mu’l’livaaykkal, the people fulfilled a duty of commemorating their dead, the Bishop said. Through this remembrance, the people were also displaying their resolve to secure the life and security of the affected survivors, he said.

“When the [Sri Lankan] government sought the help of international actors, be it the USA or India, these Powers aided them by military and economic means — by providing weapons and finance in securing their victory in the war,” the Bishop noted adding that these Establishments were preoccupied with their strategic interests and their State to State relationship with the Sri Lankan State. Bishop Swampillai was of the opinion that these external actors have now realised their responsibility to some extent.

“Since Tamil Nadu and India are intertwined within the same [regional] political entity, we expect them to present us a strengthened model beyond the 13th Amendment as a significant solution. Yet, we have not exerted enough pressure towards such end,” the Bishop said.

Bishop Swampillai, appreciating the earlier statements by the British Prime Minister on the need for an international investigation, was reminding the UK of its moral obligation in contributing to resolve the conflict in the island.

Police fire on an individual in Kilinochchi who supposedly obstructed police: Is it kindling the fire again ?

(Lanka-e-News- 24.May.2015, 11.30PM) The police say an individual was shot at on the 24 th for obstructing the police when a group of police officers went to arrest a suspect at Palay Uduthurai , Kilinochchi.

According to police media spokesman , a group of villagers attacked the police with stones and missiles when the police went to arrest a suspect. The police revealed, following a complaint made by an individual that he was assaulted by a group of villagers , the police went to the village to arrest the assailants. The police jeep was fairly damaged by the stone and missile attack, the spokesman further stated.

When the police went to arrest the suspect and handcuff him , another individual attempted to attack that police officer with an axe , whereupon another police officer had , shot to the hand of the individual with the axe in self defense , the police media spokesman explained.

However , the suspects could not be arrested , and the police are taking steps to arrest the individual who is now in hospital taking treatment , the spokesman further noted.

By clicking here the audio tape of the police media spokesman can be heard.

It is noteworthy ,when the calm is just returning after the people turned violent following the release of the prime suspect by the police in the rape and murder of a schoolgirl at Poongudutheevu, this tense situation had arisen.

Dinasena Rathugamage from Vavuniya
Translated by Jeff

See how to treat police in north for innocent tamils

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by (2015-05-24 22:17:10)

SC & AC Judges Should Resign Voluntarily

By ANI Ekanayaka –May 24, 2015

Prof. A.N.I. Ekanayaka

Hon Justice K Sripavan,
Chief Justice,
Supreme Court Complex
Colombo 12

Your Honour,

Volountary Resignation of Judges Enabling New Appointments by Constitutional Council

As a citizen I am writing to you hesitantly and with a sense of trepidation not even knowing whether in doing so I might be guilty of some impropriety. If so I hope you would forgive me for I write respectfully in a spirit of humility motivated purely by a zeal for righteousness truth and equity in the administration of justice.

Indeed for those of my generation it has always been natural to regard the judiciary with the utmost reverence bordering on awe. In my younger days names like Gratien, HNG Fenando, Hema Basnayake, HWR Weerasooriya, TS Fernando, Weeramanthri and Sansoni were icons of sturdy judicial independence and integrity. They shaped the lofty esteem with which we came to regard the judiciary. In later years they were followed by others like Percy Colin Thom, Neville Samarakoon and the late great Mark Fernando who typified a certain nobility and lofty detachment that one associated with judges of the superior courts. Such judges ( and there have been others besides ) were able to “ Inspire Public Trust and Confidence” as stated in the current vision statement of the Supreme Court.

However as you know all that has changed for the worse in recent years especially during the Rajapaksa regime and particularly after the passage of the notorious 18th Amendment. The corruption of the judiciary through political appointments and political influence has shattered “public trust and confidence” in the legal system. Most depressing of all has been the proclivity for fawning judges to happily bow to such interference where they had the undoubted choice of saying “no” as demanded by the high calling of their office.

Business plans to encourage solar electricity

by Kmar David-May 23, 2015, 6:54 pm

Not only information technology but other technologies too are moving forward fast; solar electric generation has taken three steps; (a) prices of solar-electric panels have been coming down, (b) their use has increased and the experience gained has opened up new possibilities such as (c) new business models which are catching on in the US – particularly in the sunshine states.

Time to Reassess Solar Capability Business Plans to Encourage Solar Electricity by Thavam Ratna

Nets within nets: Untangling the problem

of illegal fishing in the north

By S. Rubatheesan in Jaffna-Sunday, May 24, 2015View(s): 189

Mullaitivu fishermen hold a protest on Tuesday

Early this month three fishermen from Jaffna were selling their catch along the main road when a couple of Navy officers stopped to buy some.

One of the fishermen thought he would be honest with the officers and had apparently told them that the fish was not good for cooking as they were caught by means of an ‘explosion’, in other words, dynamite fishing. The fishermen were arrested immediately by the two officers and handed over to fisheries officials.

A senior fisheries official said they were awaiting a report from the National Aquatic Resources Research and Development (NARA) to determine whether the men had engaged in dynamite fishing. The three fishermen would face legal action if they had done so.

In a separate incident the Navy had arrested two fishermen in the Northern sea while one fisherman from Mannar was teaching how to use the ‘gill net’ – (a net smaller than the usual size) to another fisherman from Jaffna. These incidents are quite common in the North after 2009, when the war came to an end and fishermen started going out to sea without any restrictions imposed by the Navy.

However, there was a downside to this new-found freedom as many fishermen started engaging in methods of fishing that were harmful to the eco-system. The illegal fishing methods include using push nets, mono filament nylon nets, moxi nets, bottom trawling, dynamite fishing and using gill net or trammel net on coral reefs or rocks.

According to an official attached to the Jaffna Fisheries Department around 158 trawlers from Gurunagar and 25 from Valvettithurai are actively engaged in bottom trawling in the northern sea. They continue to fish without licences from the Department.

Jaffna Fishermen Association chief Naganathy Ponnambalam, who is a vociferous opponent of bottom trawling, said, the only reason that justifies it is if Indian fishermen can trawl without any trouble in Lankan waters, why can’t local fisherrmen who engage in bottom trawling on a much smaller scale than their Indian counterparts do so.

Meanwhile Kilinochchi’s Fisheries Department Additonal Director R. Raveenthiran complained that trawlers from Jaffna and Mannar that come into the sea around Kilinochchi have disrupted the fishing activities of local fishermen.
“Our fishermen do not go out fishing the whole day or go out to sea in high powered multi-day fishing boats. They have small-sized boats and they go to sea during the day, put the nets out and come back to shore. The next day when they go back to get their catch the nets have either been dragged away or damaged by bottom trawling,” he said.

Putting up a fence using galvanized pipes in mid sea, is another harmful fishing method employed by fishermen. The galvanised pipes are embedded in the sea bed with 35-foot long nets targeting the fish in a particular area. Many fishing boats are damaged by striking against these pipes.

T.Shankar, a fisherman from Mannar said more and more fishermen especially from the village of Pesalai were turning to nylon nets and dynamite fishing as their primary modes of fishing.

“The nylon nets can be used for daytime fishing too as they are almost invisible. However this method results in a loud sound in the sea that can upset the ecological equilibrium of sea animals. Since the holes in the net are small the catch consists of juvenile as well as adult fish,” he said.

Dynamite fishing is also very common among fishermen. In this method of fishing, the fishermen collect into their nets the dead fish that float to the surface, following an explosion. The explosion that creates vibrations result in fish migrating.

Some fisherfolk in Vallimunai, in Mannar also use the method of flashing a high powered light to attract fish to the surface and then net them.

Mullaitivu Fishermen’s Federation head Anthonypullai Mariyarasa said more than 100 boats come into the waters of Mullaitivu daily to catch sea cucumbers. On Tuesday, Mullaitivu fishermen protested against the issuance of licences to fishermen from other districts that allowed them to catch sea cucumber.

Mr. Mariyarasa said according to the licence the fishermen could go only 20 kilometres away from the shore to avoid hampering the fishing activities of local fishermen.

However, the fishermen were going further into the sea, he said.

Fisheries Department Director General M.C. L. Fernando said it was not an easy task to eliminate bottom trawling in a short period of time. He said the Department has started taking remedial action by providing facilities to fishermen to switch to alternative fishing methods.

“Look at Thailand and the coastal area of Tamil Nadu along the Indian ocean, they have completely wiped out all the resources in the sea by using trawling as their primary mode of fishing. This method is like ploughing the sea bed. It is true that this method brings quick profits but it is also destroying the resources for future generations. We can’t let this happen to our marine resources,” he said.

B.Deniswaran, Minister of Fisheries,Transport and Rural Development of the Northen Provincial Council told the Sunday Times that the ministry was yet to formulate a strategy to combat illegal fishing methods followed in the province. He said the ministry has called on all fisheries federations to co-operate in this matter.

“Unfortunately it is not possible to halt these practices overnight, some of these practices are their main livelihoods. I have asked the central government to take initiatives to introduce new livelihood initiatives to eradicate prohibited fishing practices,” he said.

He said a questionnaire on illegal fishing by local and Indian fishermen in Lankan waters has been circulated among fisheries unions while there are moves to hold an annual conference consisting of all fisheries unions and federations in the Northern Province too.

” If we don’t act now future generations will be in trouble. Deploying a coastal guard could help curb the situation,” he said.

Meanwhile Navy spokesperson Commander Indika de Silva said the Navy has deployed patrols along the coastal sea area to monitor such activities and conduct raids.

Around 232 fishermen have been arrested by the Navy so far this year and handed over to the respective fisheries officials in the districts.

“Sometimes on spotting the Navy, fishermen who are engaged in illegal fishing methods throw in their prohibited equipment into the sea and pretend to be innocent. It’s a tricky situation,” he said.

Commander de Silva said although the Navy uses effective methods including patrolling round the clock to deter illegal fishing activities in the sea, people too should come forward and support them by giving information on such activities.

The issue of continual losses and depleted capital: Central Bank still misses the main point

Monday, 25 May 2015

A parable from accounting teachers
Accounting teachers are used to relating a story to their students when they are introduced to the concept of profit in an organisation. The objective is to show them that ultimate profits of a business are not found in the profit and loss statements but somewhere else in the balance sheet. The story goes as follows:

The Issue of Continual Losses and Depleted Capital Central Bank Still Misses the Main Point by Thavam Ratna

Former CB Governor Cabraal refutes government allegations; wants public TV debate with Premier Ranil

May 24th, 2015
While categorically rejecting the recent media reports that Rs. 2,700 billion has been “misappropriated” in the years 2012, 2013 and 2014 through private Treasury Bond auctions, former Governor of the Central Bank of Sri Lanka, Ajith Nivard Cabraal says that it defies all logic and common sense to claim that the entirety of the Treasury Bond issues made by the Government from 2012 to 2014, are to be construed as “losses”, on the erroneous assumption of Prime Minister Ranil Wickremesinghe that a part of such issues have been through “private placements”.
Full statement reproduced below:
Former CB Governor Cabraal Refutes Government Allegations Wants Public TV Debate With Premier Ranil by Thavam Ratna

WikiLeaks: Rajapaksa’s Bond Issue Raises $500 Million Despite UNP Efforts To Block The Sale

May 24, 2015

International investors, 40% of them American, purchased all $500 million of Sri Lanka’s first-ever sovereign bond issue, despite domestic opposition efforts to block the sale

Sri Lanka’s debut sovereign bond issue raises $500 million despite domestic criticism, the US Embassy Colombo informed Washington.

The Colombo Telegraph found the related leaked cable from the WikiLeaksdatabase. The unclassified cable discusesSri Lanka’s debut sovereign bond issue. The cable was written by the AmbassadorRobert O. Blake on November 01, 2007.

The ambassador wrote; “International investors, 40% of them American, purchased all $500 million of Sri Lanka’s first-ever sovereign bond issue, despite domestic opposition efforts to block the sale. The government offered 8.25% coupon bonds with a five-year maturity, and received orders from investment bankers in Asia, Europe, and the United States totaling about triple the quantity of bonds for sale. The government cited the strong investor interest as an endorsement of Sri Lanka’s economic stability. However, it appears the government chose to set the bond duration to five years because it feared insufficient investor interest in ten-year bonds due to Sri Lanka’s instability. As expected, the opposition United National Party’s threat that a future UNP government would not honor the bonds appeared to have little impact on investor appetite for the bonds.”

“Nevertheless, the opposition continues to question the government’s stated intent to use the bond proceeds entirely to finance infrastructure investment. Central Bank Governor Cabraal assured the Ambassador that the government would indeed use the money for infrastructure. The Rajapaksa government is prone to fiscal irresponsibility, so the opposition’s doubts may be justified. On the other hand, the transparency that international investors require to maintain confidence in Sri Lanka’s sovereign debt may serve as an effective incentive for fiscal discipline.” Blake further said. Read More

The State Minister of Children’s

Monday, 25 May 2015

The State Minister of Children’s Affairs Rosy Senanayake organised a vigil at Independence Square yesterday for Sivaloganathan Vidya, the girl who was brutally raped and murdered in Jaffna. Justice Minister Wijeyadasa Rajapakshe, State Minister of Defence Ruwan Wijewardene and other political leaders were present at the event – Pic by Lasantha Kumara

Vigil-@-Independent-Square---Pix-by-Lasantha-Kumara

- See more at: http://www.ft.lk/article/424959/The-State-Minister-of-Children%E2%80%99s#sthash.OSJX9hHW.dpuf

Did IGP pocket part of Rs. 4 million kickback collected by SDIG Jayasinghe: Why subordinates punished, not Jayasinghe ?

(Lanka-e-News- 24.May.2015, 7.15PM) The senior DIG Lalith Jayasinghe in charge of the north had reportedly taken a bribe of Rs. 4 million to release the prime suspect Mahalingam Sivakumar alias Kumar who was apprehended by the residents in the north and handed over to the police in connection with the brutal rape and murder committed on the schoolgirl Vidya , according to information seeping from within the police itself , and according to stories doing the rounds across the whole of north.

The main suspect who was handed over to the police was arranged to make good his escape when he was being transferred to the hospital for treatment to his wounds , on the instructions of DIG Jayasinghe .

Sivakumar who fled to Colombo had taken lodging at Wellawatte in a lodge. The lodge owner noticing the bruises ( the result of attacks launched by the people who apprehended him) on Sivakumar’s body had informed the Wellawatte police , whereupon the latter had arrested him again. It is to be noted that Sivakumar was arrested by accident the second time , and not through the police efforts .Hence , if the lodge owner had not informed the police , Sivakumar would have bolted from the country.

For all these arrangements made and assistance extended to the criminal to escape , it is the senior DIG Jayasinghe who is responsible.

This is the same DIG who was in charge of the south during the ex president Mahinda Rajapakse’s reign and used by Mahinda to cover up all the crimes and illegal activities committed by the last regime in the south. Now , after Jayasinghe moved into north as senior DIG in charge , owing to his corrupt and criminal activities in the performance of his official duties, the whole of north was plunged into a state of anarchy over the rape and murder of school girl Vidya incident recently. It is most deplorable that a senior DIG who is responsible to maintain law and order, had on the contrary fomented unrest and lawlessness among the people.

IGP Ilangakoon who toured the north twice in connection with this incident , instead of taking stern action against this criminal senior DIG and interdicting him which punishment he richly deserves ,transferred a group of subordinate officers and suppressed the whole criminal episode .

The action of the IGP is clear proof that his secret aim was to sabotage the sublime goals of the government of good governance ( the same IGP earlier on said, prohibition of full face helmet was unnecessary at an unnecessary time and inopportune moment).

It is a question on the lips of the police personnel and the people of Jaffna , whether the IGP also pocketed a share of the bribe of Rs. 4 million collected by Lalith Jayasinghe? for , there is no other explanation that can be offered to justify the action of the IGP who transferred the subordinate officers without interdicting the senior DIG who is the biggest culprit.

The police officers who were transferred by the IGP are as follows :
1.SSP Lakshman Weerasekera –from Jaffna division to Seethawakapura division as ,in charge.
2.SSP W.K.Jayalath from Seethawakapura division to Jaffna division as, in charge.
3.SP G.J.A .Weerasekera from Jaffna division to KIlinochchi as ,in charge .
4.ASP D. S. D. Weerasinghe from Kilinochchi to Jaffna
5.ASP U. A. P. Fernando from Mannar to Jaffna
6.ASP P .A .K .A .Senaratne from Jaffna to Mulaitivu division
7.ASP R .A. D. E. L Randeniya from Mulaitivu division to Jaffna.
8.Chief Inspector Q.R.Perera from Kayts headquarters to Mannar .
9.Chief inspector B.M.R.K. B. Balasuriya from Jaffna police headquarters to Vavuniya.
10.Chief inspector F.U.K Woodler from Wellawatte to Jaffna.

Ilangakoon’s next conspiracy

Based on information reaching Lanka e news inside information division ,the next conspiracy of Ilangakoon is:

In the face of the mounting protests and opposition of the people against Lalith Jayasinghe , it is Ilangakoon’s ploy to transfer senior DIG Pujitha Jayasundara stationed in Colombo to the north , and get down Jayasinghe to Colombo. Ilangakoon may be trying to justify his move on the ground that Pujitha who maintained an untarnished reputation while in the East will bring the situation under control in the north. But this is in fact a plot hatched by Mahinda Rajapakse and Ilangakoon conjointly .

The special financial crimes investigation division (FCID) probing into financial frauds is now under Pujitha Jayasundara who is efficiently and effectively discharging his duties. If Lalith Jayasinghe replaces Jayasundara, it will render possible to manipulate the investigations which are currently in progress against the Rajapakses, their hidden crooks and cronies who are being flushed out from their nooks and crannies where they are hiding. This plan is also to enable Rajapakse to collect information secretly in regard to the investigations through Jayasinghe.

What is being urged by the people from the government of good governance is : without converting the police into a pavement circus of clowns , take appropriate action duly, seriously and lawfully , meaning that the senior DIG Lalith Jayasinghe who was at the bottom of the murder , rape and mayhem in Jaffna be immediately interdicted ,and hold an investigation pertaining to him , without which no inquiry will be availing , because Jayasinghe being at the top is so resourceful he can certainly foil and muck them up .

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