Peace for the World

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

Tuesday, June 9, 2015

“Justice System” as a threat to democracy and rule of law

justice_systemOne of the terrible consequences of a delayed trial is that several judges hear parts of the same case, and the last one that writes the judgement hears only very little of the evidence or nothing at all. As a result, judges make errors about factual matters. In one case, the judge wrote that although the complainant says that the accused policemen hit him on the chin with his pistol, there is no evidence of any such injury, when, in fact, the JMO’s report clearly mentions the injury. Sometimes retrials are ordered by the court of appeal due to such errors by the trial judge, which means the whole process begins once again after 12 to 14 or more years.
by Basil Fernando
( June 9, 2015, Hong Kong SAR, Sri Lanka Guardian) In this article, the “justice system” refers to the police, the prosecution (Attorney General’s Department), and the judicial institutions, as separate entities and as a collective in their interactions with each other.

US Official to Study State of Media in Lanka

100920_srilankaamendment
Sri Lanka Brief09/06/2015  
A US State Department official is to visit Sri Lanka this week to study the state of the media following the January 8 elections.
Deputy Assistant Secretary of State for South and Central Asia, Eileen O’Connor will have talks in Sri Lanka with Government officials and the media during her visit, officials told the Colombo Gazette.
During her visit Eileen O’Connor will also have discussions on the proposed Right to Information Act (RTI).
O Connor Eileen
O Connor Eileen
O’Connor has worked as an attorney specializing in legal crisis management for high profile litigation, investigations, and controversies both in the U.S. and abroad.
She also served as President of the International Center for Journalists, a nonprofit that trains journalists in emerging democracies.
Prior to that, Ms. O’Connor spent 24 years as an award-winning on-air reporter, producer, and Bureau Chief for ABC News and CNN, covering the White House and conflicts in Bosnia, Chechnya, Northern Ireland, Israel, Ossetia, Ingushetia and the fall of Communism from bases in London, Moscow, Tokyo and Washington.
Her pro bono work centered on human rights issues for individuals and various non-governmental organizations, such as the Center for Justice and Accountability, the Women’s Refugee Commission, and Vital Voices.
O’Connor has a J.D. from Georgetown University Law Center, a post-graduate Diploma in World Politics from the London School of Economics, and B.S. in Business Administration from Georgetown University. Ms. O’Connor is an adjunct faculty member at Georgetown University Law Center, and a member of the Atlantic Council. (Colombo Gazette)

Sampur issue resolved-Minister D.M. Swaminathan says AGs Dept will file papers in the SC for resettlement of the displaced in their own lands:

Sunday, 7 June 2015

D.M.Swaminathan

When they resettle,the UNHCR has agreed to provide temporary shelter. The total amount that will be given to a family by the Government will be Rs.38,000. The Government has allocated Rs. 180 Million for the purpose

Sunday Observer OnlineThe decade-long issue of the eviction of 825 families from their traditional homes in Sampur and subsequent relocation in uninhabitable, make-shift shelters in impoverished conditions elsewhere, which sparked off persistent agitations locally has been resolved once and for all, Minister of Resettlement, Reconstruction and Hindu Religious Affairs, D.M.Swaminathan told the Sunday Observer in a brief interview.
President Maithripala Sirisena who had earlier revoked the BOI agreement with Sri Lanka Gateway Industries Ltd (SLGI) on allotment of Sampur land for an industrial complex, also reconfirmed the previous Cabinet decision on returning Sampur lands to the original owners, the Minister said.
When the Supreme Court (SC) case comes up for hearing on June 15 on the Fundamental Rights application filed by SLGI, the Attorney General’s Department will file documentation for resettlement of the people in their lands, he said. Minister Swaminathan also spoke on matters relating to rehabilitation and resettlement, return of tamil refugees and the present situation in the North.
Excerpts of the interview:
Q: What is the latest situation on resettlement of the displaced people of Sampur in their original places of domicile ?
A: All provisions of the BOI agreement relating to the allotment of 880 acres of Sampur land to the Sri Lanka Gateway Industries Ltd. (SLGI) has been revoked by President Maithripala Sirisena paving the way for the resettlement of 825 displaced families. The earlier Cabinet decision on the matter too was reconfirmed by the President and Cabinet.
The President also signed the relevant Gazette Notification releasing the land in the Sampur area, which was earlier allocated to the Board of Investment, for resettlement activities.
When the Fundamental Rights case filed by the Company comes up for hearing before the SC on June 15, the Attorney General’s Department will file all the documentation and subsequently arrangements will be made for handing over the lands to the original owners with the concurrence of Prime Minister, Ranil Wickremesinghe and Tamil National Alliance (TNA) leader, R.Sampanthan.
Q: Is there any possibility that some of the BOI projects will be started in part of the Sampur area ?
A: How can they start any of the projects when the lands in Sampur are to be returned to the original owners? No projects, BOI or otherwise, will be started in the area. But alternate lands may be allocated for the projects or alternate arrangements may be made, but it will be at the discretion of the BOI and the Government.
Q: Will rehabilitation and relief assistance be provided to families when they resettle?
A: When they resettle, the UNHCR has agreed to provide temporary shelter - a semi-permanent structure to the value of Rs.130,000 or US $ 1000. In addition the Government will give a resettlement allowance of Rs.25,000 and another Rs.13,000 for clearing land, for food and other contingencies. The total amount that will be given to a family by the Government will be Rs.38,000. The Government has allocated Rs. 180 Million for the purpose.
Q: How have the displaced people reacted to the President’s decision to return the lands to them and have any dissenting views been expressed over arrangements for resettlement?
A: As far as I am aware, the people are happy over the decision of the Government to return their lands to them. They are ready to clear the land and put up shelters as soon as official permission is given to them after June 15.
Q: As an initial step, under the Government’s 100-day program, an extent of about 1000 acres in the Valikamam North HSZ area has been returned to the people. What is the total extent of land under the occupation of the Government security forces in the North and what extent will be released to the people under the Government’s future programs ?
A: Of the lands in the possession of the Government security forces in the North and East, 9999 acres are private land and we are negotiating for the release of these lands, in whole or in part for resettlement of displaced families. They will be released gradually and phased out over a period. We are confident that a considerable extent of land will be released in the first instance with this request.
The entirety of Internally Displaced Persons (IDPs) presently housed in 32 welfare centres in Jaffna and in three centres in Trincomalee can be moved away from the camps and comfortably resettled if we can just get 2000 acres released in the Northern Province.
Q: The water contamination issue in Chunnakam and its environs has assumed alarming proportions of late. What are the steps that the Government is initiating to address the issue ?
A: The water contamination issue in Chunnakam does not come under the purview of my Ministry. However, I would like to say, the President has appointed a committee to look into ways and means of overcoming the problem. The problem was been there for many years, but now it has reached an optimum level. There are cases and counter-cases pending in the Courts on the issue. Whether or not the problem was caused due to seepage of oil over the years will be determined by the Courts. The only solution that the Government can think of for the present is to provide pipe-borne water.
The World Bank and the Asian Development Bank have expressed their willingness to provide funding. As a temporary measure, the Ministry of Water Supply is providing drinking water through bowsers to affected families. We are confident that matters would be sorted out soon.
Q: The gang-rape and murder of a school girl in Pungudutivu in Jaffna sparked off wide spread public protests and demonstrations in the entire Northern province and in some parts of the Eastern province. Do you think that they were instigated by certain persons or groups for political gain?
A: In my view public protests against such gruesome acts are not unlawful and not problematic. But damaging public property is certainly unlawful and those who perpetrated such acts deserve to be punished.
The incident that sparked off the protests is most horrendous and tragic.
The President recently visited the parents and relatives of the victim and sympathized with them. He also assured them that maximum punishment would be meted out to the culprits soon. But I do not know and cannot say whether or not these protests were induced for political expediency.
Q: Some of the total 100,000 Sri Lankan Tamil refugees in Tamil Nadu returned to the country recently. Given the present conducive circumstances in the country, it is likely that more refugees will return in the coming months. What type of relief and rehabilitation assistance will the Government provide them for resettlement ?
A: There are 105,000 Sri Lankan Tamil refugees in different camps and welfare centres throughout Tamil Nadu, according to our records. Some of them are also living with relatives or friends. From 2010 until now about 5000 families returned from Tamil Nadu and have been resettled in their own villages in the Northern province. Unlike under the previous regime, they now do not face harassment or days-long questioning. The Government welcomes those returning on their own free will. Due to living many years in Tamil Nadu, it is possible they are used to that lifestyle and many of them are disinclined to return.
All those families returning to their motherland are entitled to rehabilitation and relief assistance as any IDP.

20 th amendment - 225 MPs only: No matter what president says , it will necessitate a referendum –legal experts


LEN logo(Lanka-e-News- 09.June.2015, 4.00PM) It was decided at yesterday’s special cabinet meeting in connection with the 20 th amendment that the parliamentary seats shall not be increased. 
Accordingly the number of MPs will remain at 225 in the proposed amendment , and under the new elections system , at electoral level there will be 125 MPs based on the first past post system , district representation wise - 75 MPs and  under the national list- 25 MPs 
There were a number of discussions and debates on this , while there was opposition to increasing the number of UNP  MPs. The leader of SLMC minister  Rauff Hakeem and minister Digambaram made a proposal for a double polling card system . In this context , it was discussed , while there  is a large number of voters who  unable to select the symbol  are casting  invalid votes , suddenly introducing a complex voting system would compound the confusion .  
The cabinet ministers made it clear to the president that at a time when the proposed 20th amendment is being steered forward ,the no confidence motion being brought up is to dent the image of the president, and therefore  that should be withdrawn.
The final draft incorporating the decisions taken yesterday is to be given over to the legal draftsmen so that after it is finally prepared it will be received back on Friday the 12 th.  On  that day itself a cabinet meeting is to be convened to hold discussions in that regard, and is to be tabled in parliament on Monday the 15 th as an emergency bill , based on the decision taken  at yesterday’s cabinet meeting. 
A number of popular lawyers expressing their views in this connection to Lanka e news said , no matter what the president expresses , the 20th amendment cannot be steered forward that speedily as claimed. There is a great possibility that after being presented to the supreme court (SC) , a people’s referendum might become necessary 
And if that happens , it is only after that the 20 th amendment can be brought forward .In that event is the parliament to be dissolved after the referendum ? they questioned.
Meanwhile , at a  rally this evening , the president castigated those who oppose the 20 th amendment as betrayers.


---------------------------
by     (2015-06-09 10:41:18)

Jargons, Slogans & Amendments


Colombo Telegraph
By Sinnathamby Sivanandan –June 9, 2015 
Sinnathamby Sivanandan
Sinnathamby Sivanandan
“If Clopatra’s nose had been shorter, the whole face of the earth would have changed”. This passage is said to mean the history of the world would have been different, and a widely used phraseology.
If our genius Junius’s not his conspicuous aquiline nose but the the constitutional amendment to the original master piece of Doctor Colvin was not there the entire political phase of the history would have been altogether different. I do not mean the economic phase under free economy (Nidhahas Arthikaya) of the Just Governance (Dharmista Rajaya). For the said Just Governance he added an ad-hoc ad-just-ment.
After the historic amendment that resulted in hysteric screams by the opposition, it was disregarded and dreaded as the Bizarre Constitution (Bhawbootha Viyawasthawa). The country was at cross roads and at that intersection the trajectory was altered. Amidst inundated with widespread protests, the undated letters of resignation and the steam roller majority did not deter the determined President’s twentieth century cunning maneouver. He carried on regard less intoxicated with greed for power. JR Jayewardene proudly said other than gender bender, changing a man into woman and vice-versa his constitution was capable of and was carrying on his agenda. To the ex Royal cricketer with a robust constitution, who hailed from an elite lawyer’s family his beamers from Ward Place “Beamer” boomeranged on him and he gave his reins to his deputy “Sucharitha” fame R. Premadasa.
Maithri newThis was a ready made outfit for his successor R. Premadasa who was bent on eradication of “Poverty Alleviation” “Dugi Dupathkama” and providing shelter to all, roof above all. “Gam Udawa” ” Village-Re-awakening” was his focus.He took cover under the draconian clauses to achieve his ends and ended abruptly on the May Day after the mayhem. The assasination of nation’s President had the hallmark of the paranoid “Terror Lord” led treacherous outfit. Next unprecedented President was DB Wijetunga who blossomed and bloomed like a may flower in the gloom. He was poularly known as deaf blind and was a Hobson’s Choice.Read More

Rupees and Cents: Finding Out What Sri Lanka MPs are Worth

Untitled
Sri Lanka Brief09/06/2015
Many people will be surprised to know that they are entitled to request and scrutinise their MPs’asset declarations. We have tested the system thoroughly and it works. Here’s all you need to know.
Who has to declare their assets? An annual disclosure must be made by the President, MPs, Judges, Board and staff officers of Public Corporations, Provincial Councillors, Local Authority members, newspaper proprietors and Editors amongst others.
How can I obtain an MP’s asset declaration? Along with a cheque for Rs 750 send a basic letter addressed to the Speaker of Parliament, requesting the particular MP’s asset declaration. In our experience, within 2-3 weeks you have the request (tweet us if you want more details on the process @manthrilk).
Why does no one know about this? The prescribed fee of Rs 750 had been lost in the government gazette (650/7 – 19 February 1991) until we uncovered it. When used in conjunction with the legal right for ‘any person’ to request an asset declaration under s.5 (3) of the Declaration of Assets & Liabilities Act 1975 (as amended in 1988), a citizen is provided with a powerful tool for MP accountability.
What information can I find out? There is a wealth of information relating to the declarer, their spouse and their children. The items declared include, but are not limited to:
• Properties, with details on how they were acquired and from whom
• Bank Accounts, Shares, Securities – with breakdowns
• Loans and Overdrafts
• Vehicles
• Jewellery
These include the details at the date of annual declaration and at the time of first having to declare (for a MP, when they were first nominated – for some MPs this dates back decades). This provides a useful point of comparison, allowing a citizen to observe the change of assets and liabilities of a MP over their time in office.
Why do I want this information? Put simply – the greater the information with the public, the greater the empowerment of the citizen. Public servants’salaries are paid from the public purse, and the legal right to scrutinise an asset declaration reflects the social contract underpinning the relationship between those in public service and ordinary citizens.
How do I know if the declaration is correct? You don’t. However, if you suspect an inaccuracy, this can be reported to the stipulated authorities (Bribery Commissioner, Commissioner-General of Inland Revenue etc). The authorities will determine whether to investigate the matter. However, it is important to remember that citizens can discern for themselves whether the details disclosed align with their perception of the MP – an essential tool of accountability.
Will MPs be surprised by this intrusion? Many MPs are aware of the public right of request – having received numerous internal circulars, which draw their attention to the public’s right. Great, so what’s the catch? There are two gagging provisions [s7 (4) & s.8 Declaration of Assets & Liabilities Act 1975] which prevent a requestor from freely discussing the declaration obtained or sharing it. A breach of these laws can lead to either 1 year in prison and/or a Rs 1,000 fine.
That’s absurd, what can be done about it? To facilitate greater public freedom, the gagging provisions can be repealed. This will allow people to legitimately share the declarations. In turn, a public discussion can organically emerge about MPs and address the many misconceptions that exist over their wealth. This is a distinct improvement from the present peripheral media coverage given to the FCID investigations. This repeal will make the public full stakeholders in the process of holding MPs accountable. The change in the law is simple, with only a very basic act of Parliament required.
Will the government champion it? It would presently seem unlikely, given other pressing legislative bottlenecks, coupled with a degree of discomfort amongst some MPs both in Government and Opposition. However, given that the RTI Bill has gone off the radar, this much smaller, less detailed Bill will allow any political party to publicly demonstrate their commitment to ‘yahapalanaya’ (good governance). This could even be brought by way of a private members Bill, whereby an individual MP can set it on the legislative agenda and make it a public issue. This would mark a significant change in political culture, but will require a party to boldly prioritise the empowerment of citizens, ahead of the concerns of some of their MPs.
The need for unhindered public scrutiny of asset declarations is a timely issue. Following the election of President Sirisena, a governance mandate has evolved from being a civil society pipedream to a central campaign theme. If public asset declarations resonate with the buzz that surrounded the ‘yahapalanaya’ movement, bringing similar potential electoral windfalls, champions will step forward.
However, will any political party be willing to take the first step to enhance public scrutiny of asset declarations? Or must civil society better frame the need for greater MP accountability? Share your thoughts and questions at www.manthri.lk/en/blog; over Twitter @manthrilk, or by text to the manthri.lk hotline: 071-4639882.
-Asoka Obeyesekere-Governance Consultant at Verité Research
ST

Eva, aren't you ashamed..? How can you hear Gota’s case while abstaining hearing Basil’s similar case?


LEN logo(Lanka-e-News- 09.June.2015, 4.00PM) The Supreme Court yesterday 8th consummated the earlier decision it gave to temporary halt Gotabaya Rajapaksa taken into custody for four criminal charges and the temporary order is valid only to the IGP, DIG Financial Crime Investigation Department (FCID) and director CID.
Following is the four criminal charges against Gotabaya
The notorious Mig aircraft deal
Selling arms to international terrorists pretending giving security to ships from sea pirates.
Mihin Lanka corruption
The delinquency on purchase of shares from Lanka Hospitals
From yesterday’s Supreme Court decision it was implicated that there is no impediment to take Gotabaya Rajapaksa into custody for allegations for assassinating parliament MP Raviraj, MP Joseph Prarajasingham, the murder of five students in Trincomalee, the murder of 11 local French aid workers, killing unarmed surrenders who carried white flag, disappearing of Prageeth Ekneligoda, giving orders to fire unarmed workers on protest, giving firing orders for the people who demanded uncontaminated drinking water, abducting and killing of four Red Cross workers and other loads of allegations leveled against him.
The Supreme Court gave its decision after considering a motion filed by the Attorney General. This petition was taken by biased and corrupt judges of the Supreme Court Eva Wanasundara and Sarath Abrew. 
It was amusing to note that Ewa Wanasundara who was contradictory to the ethics of judges briefed a media reporter about her beloved life with Mahinda Rajapaksa sometimes back was in the Supreme Court bench.
It became further funny that following Gotabaya’s court decision Eva Wanasundara abstained from the panel of judges to a similar case of Basil Rajapaksa for personal reasons. How this woman not able to give a judgment to Basil Rajapaksa on personal grounds can give a judgment to Gotabaya Rajapaksa? If the fact is personal reasons for Basil, this is none that than the good rapport with the Rajapaksa family. Why didn’t it apply for Gotabaya? Alike she abstained from Basil’s case she should have abstained from Gotabaya’s case without making the judiciary a joke. It appears that she has is faithfully obliging her loyalty for the price she bought. To hint that yesterday she told the Supreme Court that she was in great difficulty for appearing yesterday’s case during her 34 year old career. She said that she considers all cases with same equality and she doesn’t give a preference. If it is so why did she abstain from appearing for Basil’s case?
Meantime additional Solicitor General Yasantha Kodagoda who appeared behalf of the Attorney General exercised a unique service and briefed facts in the courts for four hours. 
However legal scholars say that according to clause 127 of the 1979 Code of Criminal Procedure Act Ewa Wanasundara and Sarath Abrew has given this decision for Gotabaya Rajapaksa violating the magistrate’s clause to give instructions and enactment in favour to investigate a crime conducted by the police
---------------------------
by     (2015-06-09 19:23:04)

The Sirisena Dilemma & Emerging Scenarios


Colombo Telegraph
By Surendra Ajit Rupasinghe –June 9, 2015
Ajit Rupasinghe
Ajit Rupasinghe
The dilemma faced by President Maitripala Sirisena and the way it is to be resolved will determine the course of future events and the emergence of possible scenarios. This dilemma concentrates the long-simmering, accumulated structural pressures, conflicts and contradictions of the Lankan State and Political Order. It ties them into a knot, demanding effective, radical solutions. The Sirisena Dilemma expresses what appears to be a mortal contest between the forces of ‘liberal-bourgeois democracy’ Vs the forces of ‘chauvinist, neo–fascist reaction’. That is what it appears to be. The truth is that the Sirisena Dilemma gives concentrated expression to the crisis of the neo-colonial Capitalist State. It is an organic, structural crisis that neither the bourgeois liberal democratic agenda nor the chauvinist-fascist agenda can solve the crisis.
MaithripalaTogether, in their interaction, they can only exacerbate the crisis. This is since they are the twin organic components of the Capitalist dictatorship. They are the twin weapons of enforcement of the bourgeois dictatorship. In the era of imperialism, the historically progressive content of bourgeois democracy in the era of rising Capitalism is long negated, when it becomes a weapon for enforcing imperialist domination and neo-colonial subjugation. We in Lanka know how white fascist state terror is organically and inextricably interwoven with all the trappings of liberal bourgeois democracy. Revolutionaries know that these trappings and these deadly illusions are there only to cover the real naked, fascist-terrorist class essence of the Capitalist Dictatorship. We know how one feeds off the other and take turns in nurturing the real relations of domination, exploitation and oppression that forms the foundation of Capitalism.
Sirisena and his agenda for a ‘national government’ may be the final desperate option of a rotting and bleeding State. Sirisena’s role in history could be to bring this façade of irreconcilable antagonism between Fascism and Bourgeois Democracy to its highest pitch of explosive concentration, so that the sheer accumulated rot of the Colonial Capitalist State will be finally incinerated in the burning anger of the betrayed masses. Sirisena’s Dilemma may well call forth a revolutionary crisis, which could very well be turned into a revolutionary situation. For that we will need a genuine revolutionary party based on an advanced, scientific revolutionary theory, line and leadership, and an organization of professional revolutionary soldiers.          Read More

Pedalling uphill


Editorial- 


It took months for the new government to wise up to the fact that a substantial decrease in the price of a widely used commodity would invariably lead to an increase in the demand for it. That would have been known to anyone with a nodding acquaintance with rudimentary economics. Now, Minister of Power and Energy Champika Ranawaka is lamenting that fuel consumption has increased drastically due to petroleum price reductions.

The Rajapaksa government savagely exploited the public by keeping the petroleum prices high in spite of an unprecedented slump in world oil prices. Everyone heaved a sigh of relief when the new government slashed the petroleum prices. But, the policymakers should have been able to foresee the adverse impact of that welcome relief measure on the economy and take steps to mitigate it.

The government naively thought the fuel consumption would remain at the pre Jan. 08 level and the price reductions would help boost people’s savings. Nothing of the sort has happened as Minister Ranawaka tells us. The solution, however, is not to jack up fuel prices. Anyway, that is something the government won’t dare do with only weeks to go for a general election.

Minister Ranawaka recently performed a publicity stunt apparently in a bid to encourage the public to cycle and help reduce fuel consumption and environmental pollution. He led a bicycle parade from Battaramulla to the BMICH.

Not many people like to ride bicycle these days. During the April festive season the public road network becomes a massive velodrome with thousands of cyclists taking part in races. But, for the rest of the year only those with a death wish pedal on chaotic highways. Others in their proper senses do not brave ‘supersonic’ container carriers and the contraptions with drug addicts at the wheel—aka private buses. About six or seven persons are killed on Sri Lankan roads daily. Cycling is not worth dying for!

VIPs can cycle without risking life and limb because roads are cleared for them by scores of traffic policemen who dance attendance on them. Ranawaka and others rode past the Borella cemetery on their way to the BMICH. But, if an ordinary cyclist had taken that route during the rush hour he would perhaps have ridden straight to the cemetery—never to return!

If more and more people are to be encouraged to cycle it is imperative that necessary infrastructure be put in place like exclusive lanes and parking slots for cyclists.

Sidewalks had gone walkabout, so to speak, in most parts of the country until a few years ago and the former government, to its credit, took steps to build them in urban areas, especially in and around Colombo. That project needs to be continued. If proper walkways are built preferably with trees providing shade people will take to Shanks’s pony to cover short distances.

Above all, public transport has to be developed if fuel consumption is to be curtailed and congestion reduced significantly. Regrettably, plans to link the city and suburbs with a monorail system, develop the existing railroads, import more rolling stock and augment the SLTB fleet have not been properly implemented. Only some half-hearted attempts have been made all these years.

Meanwhile, there is a growing, healthy trend towards using zero emission vehicles and generating solar energy. Some households are off the grid to all intents and purposes. This is something the government ought to promote by waiving taxes and providing soft loans.

It is heartening to see politicians who usually move about in super luxury vehicles riding bicycles once in a way. But, needless to say there is much more to be done to tackle the problem of ballooning national fuel bill and air pollution.
Majority for national government – LMD/TNS nationwide poll

djt
Wednesday, 10 June 2015
logoTNS Lanka’s latest survey, for business magazine LMD, sheds light on the political undercurrents and key governance concerns in present-day Sri Lanka. The results of the monthly countrywide poll reveal that a majority of respondents (53%) agree that Sri Lanka should be run by a ‘national government,’ with some going so far as to suggest that the system has delivered a ‘new beginning’ for the country. 
“Moreover, at least six-in-10 respondents state that a national government should represent all political parties, mainly because it would provide an opportunity to obtain the opinions of a wider segment of politicians,” LMD reports.
The magazine adds: “But those who oppose this view (26%) argue that it would mean the lack of an Opposition in the local political sphere. Also worthy of note is that 54 percent of those polled agree that an effective Opposition isn’t a priority at this juncture.”
According to survey respondents, Sri Lanka’s track record of governance can only be radically improved “provided that there is strict enforcement of the law, competent and educated individuals are appointed to key posts, and steps are taken to curb corruption.”
The June issue of the leading business magazine has been released to supermarkets and bookstores. Its Cover Story features Sri Lanka’s 20 Best Companies To Work For – based on an extensive study conducted by Great Place to Work Sri Lanka (for the rankings and full story, log on to www.LMD.lk). 

The former president vociferates how he protected his party

MR
Tuesday, 09 June 2015
Present Mahinda Rajapaksa said that when the children’s of the SLFP founder were leaving the party he was the only son who protected the party. He said this yesterday 8th when he attended the commemoration
ceremony of the former late minister C.V. Gunarathna.
It is surprising that the former president who is visiting the temples and Dewale continuously these days has suddenly fallen from the sky has remembered the original SLFP’s.
President Rajapaksa raising his voice that he protected the SLFP after the removal of the former president Chandrika Bandaranaike Kumarathunga from the party leadership. This is the same Mahinda who led Anura Bandaranaike to leave the party and sit in the opposition. This is that same old demon who gave ministerial and organization posts to the people who killed the former Rathnapura MP Nalanda Ellawala. This was being told by Mahinda Rajapaksa who pushed the original SLFP’s behind and promoted corruptive, murderers, drugs and ethanol dealers to party leaderships.
It is funny that a person stating that he protected the Sri Lanka Freedom Party has been the most bestial person who destroyed the same Sri Lanka Freedom Party.

Drones – The Need For Preventive Legislation

The protection of human rights is the most significant and important task for a modern State and privacy is one of the most important of such rights. The erosion of these rights by the use of drones has already been addressed. 
by Dr Ruwantissa Abeyratne
( June 9, 2015, Montreal, Sri Lanka Guardian) The Editorial of the Daily News of 6 June had an interesting take on the introduction of drones to Sri Lanka, in the wake of a camera equipped drone descending on a private property in Ahangama. The Editorial, which admitted that laws pertaining to drones in Sri Lanka are not clear and that there is a clear need to adopt laws pertaining to an inevitable phenomenon in Sri Lanka said: “If drones become affordable to the point where everyone can fly one, there will be a need for rules to govern airspace for drones. NASA of US is planning the first tests of an air traffic control system for drones, with cellular operator Verizon scheduled to introduce a concept for using cell coverage for data, navigation, surveillance and tracking of drones by 2017. The phone company hopes to finalize its technology by 2019″.
The immediate issue for Sri Lanka, with the basic drone that flies very low altitudes carrying cameras, is  privacy of the individual although in time to come, it will be necessary to look at other areas such as the commercial operation of drones and the threat of security of the individual.
In  a newspaper (also called the Daily News)  in the United States a recent editorial ran as follows: “The first time a Drone flies over a Silicon Valley neighborhood it will be a novelty. The second, third and fourth flyovers will generate legitimate questions about privacy, public safety and future applications of their use…protecting the public’s privacy should be the FAA (Federal Aviation Authority)’s first priority. The National Security Agency’s assaults on basic privacy rights make it essential that the FAA spell out what constitutes unwarranted intrusions into our lives. The FAA rules allow the use of data gathered by domestic drones for any authorized purpose.”
The United States Department of Defence defines a drone (unmanned aircraft)  as “a powered aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and carry a lethal or non-lethal payload”.  Drones are primarily used for military purposes but their commercial use in on the rise. They are often used for 3D’s i.e. ‘dull, dirty, and dangerous jobs.’ Besides, drones are used in research and development of the aeronautical areas such as airborne testing under the real conditions. There are many advantages of drones as compared to its counterpart manned aircrafts. Less operating costs, low fuel and maintenance costs, cheaper insurance and low salaries for the ground based personnel all translate into a lucrative monetary benefits to pursue drones for commercial purposes. Due to financial benefits associated with the drone  it is likely that the drone  rental business will soon sell their services. Manned helicopters have been used in South Africa and Australia to monitor herds during hot weather and difficult terrains but it may save time and money if drones are used to keep track of these herds.  A drone  could be in hands of news channels and broadcasting companies for covering emergency events, real-time sports events, monitoring traffic accidents and war zones. For the first time, the United Nations has ordered surveillance drones from an Italian firm for its peacekeeping missions in Congo and diplomats hope that if successful the drones could be deployed for missions in Ivory Coast and South Sudan.
The drones we are discussing are self piloted or remotely piloted aircraft that can carry cameras, sensors, communications equipment or other payloads. They have been used to conduct reconnaissance and intelligence-gathering for nearly sixty years (since the 1950s).  Recently the FAA introduced rules for drones operated by civilians.    According to these rules, operators can fly drones that weigh less than 55 pounds, beneath an altitude of 500 feet, outside of flight paths, not near airports and not faster than 100 mph. Most importantly, the operator has to keep their drone within line of sight.
The purpose of these rules is to allow drones to be used  in aerial photography for real estate, transmission and infrastructure inspection and other purposes. But the rules will limit, at the present time,  drone use for delivery, which both Amazon and Google are looking to move into in the future.
Similar to the introduction into Sri Lanka of various sophisticated technological developments, the drones will, in a matter of a short time, become prolific in the country. The role played by technology in modern day commercial transactions has affected a large number of activities pertaining to human interaction.  In this context, the indiscriminate use of drones would erode the four basic rights of an individual to his/her privacy.  They relate to the use of data gathered, whether they be visual or auditory: the right of an individual to determine what information about oneself to share with others, and to control the disclosure of personal data; the right of an individual to know what data is disclosed, and what data is collected and where such is stored when the data in question pertains to that individual;  the right to dispute incomplete or inaccurate data; and the right of people who have a legitimate right to know in order to maintain the health and safety of society and to monitor and evaluate the activities of government.
It is important to distinguish between drones and model aircraft.  For instance, Canada has made that clear distinction in its rules and has set a clear distinction  between unmanned aerial vehicles” (commercial use) and model aircraft (recreational use). The definition of a model aircraft: less than 77.2 pounds, individually owned (no companies allowed) and not profit-seeking. If an aircraft meets these conditions, it is considered a recreational vehicle, making it subject to lower scrutiny. Aircraft that don’t meet this criteria are officially “unmanned aerial vehicles” and require Special Flight Operations certificates.
The United Kingdom has set a limit of 20 kilograms as the maximum weight that an unmanned aircraft can be termed a “small drone” which can fly under prescribed circumstances.  The European Aviation Safety Agency (EASA) which sets common rules on aviation for all EU member States has prescribed that one needs a license for any drone to be operated in Europe Such certification is only granted on a case-by-case basis under the EASA’s rules,
Getting back to privacy, it is incontrovertible that the individual  has a right to decide what information about oneself to share with others and more importantly, to know what data is collected about him.  This right is balanced by the right of a society to collect data about individuals that belong to it so that the orderly running of government is ensured.
The protection of human rights is the most significant and important task for a modern State and privacy is one of the most important of such rights. The erosion of these rights by the use of drones has already been addressed.  Labelled as a looming threat by The Economist of 19 March 2015, drones and their usage have been judicially questioned on the sensitive dichotomy of a single instance of use that erodes the privacy of the individual and persistent usage.   Another consideration has been the location – as to whether the incursion occurs in a public place or a private premises, where one can have reasonable expectation of privacy.   The US Supreme Court held in 1967 that an instrumentality of the State cannot eavesdrop on conversations in telephone booths without a warrant. However, under the current sophistication of technology and big data, such boundaries can be blurred. It is noteworthy that  the US Supreme court held in 2012 that the principle of causation by circumstance was sufficient to establish an erosion of privacy.
Sri Lanka has enough best practices around the world to set about considering seriously a timely legislative enactment that would be in place when drones proliferate its skies.  This should cover not only individual rights but also the safety and security of the State as well as the airspace of Sri Lanka, where aviation – both commercial and military – will be protected as well.

Rape & Child Abuse Tragedy


Colombo Telegraph
By Mano Ratwatte –June 9, 2015
Mano Ratwatte
Mano Ratwatte
It was with great trepidation that a lot of us émigré Sri Lankans read the story on the horrible abduction, rape and murder of an 18 year old in Jaffna. Rape is a heinous crime by itself. Rape and murder is carried out by vile men and it is not about romance, or love or even having sex for pleasure. It is a violent sadistic crime and it is about savage men exercising violent control over women.
In the US it is estimated that 300,000 women face sexual assault or rape attacks per year. Attacks against women and children (including against boys) has a chronic ugly pathology and it has nothing to do with how a person dresses. Date rape is another serious issue in nations where there are no restrictions on intimacy. That too has nothing to do with how a woman dresses but has to do with impaired judgment where a man is unable to accept that no means no.
Jaffna rapeIf the claim that sexual assault, rape and molestation are all about appearances were true, then how is that the Catholic Church has for decades hidden the ugly truth about child abuse/pedophilia across the world? Was it the fault of the defenceless boys that they were molested by persons of the cloth in whom we all trust? From Germany, to Ireland to Australia to the US the Church and Vatican have systemically covered child abuse from the public by quietly transferring pedophile priests from one parish to another. They have no spent Billions of dollars to settle cases with the victims in the USA. They have ruined hundreds if not thousands of lives; were those victims wearing shorts that were too short or victims of predatory men? It is only since Pope Francis took over the Papacy that decades of abuse and predatory behavior is being discussed openly in the west. The crimes against kids by clergy in Ireland were covered with connivance of local police for ages.
How is it that the demented religious Islamic extremists of Boko Haram in Nigeria are kidnapping young girls and raping them and selling them as wives in the name of religion? How is it that ISIL soldiers are raping Arab women who are not Sunnis but are conservatively dressed Arabs ? Almost all of those victims were dressed conservatively right? How about gang rapes in India? Indian women wear Salwar kameez; in rural India and Pakistan women wear the veil. It is not their dress or their clubbing at night that made them the targets for vicious assaults right?         Read More