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

Thursday, November 12, 2015

Sobitha Thera’s journey ends


2015-11-12
The cremation ceremony of Ven. Maduluwawe Sobitha Thera was held this evening at the parliament grounds in Battaramulla with full state honours. Pix by Kushan Pathiraja









Farewell, Noble Peoples’ Monk


Colombo TelegraphBy Hilmy Ahamed –November 12, 2015
Hilmy Ahamed
Hilmy Ahamed
Sobitha Thero
As we bid farewell to a rare human being who probably changed the political landscape of Sri Lanka from disaster, it is time for us to reflect on his life, times and principles that he adhered to in the spirit of serving mankind and resolve to continue his work. Ven. Maduluwawe Sobitha was one of those rare individuals who, despite his limited formal education possessed vast knowledge. He probably was the most influential Buddhist priest in Sri Lanka who was accepted by the Sinhala Buddhists, Tamils, Christians and Muslims alike. The large number of Buddhists, Muslim, Christian and Hindu Sri Lankans who inundated the Kotte Naga Viharaya to pay their last respects is evidence of the high esteem in which the people of Sri Lanka held him. His love and affection for all of god’s creation surpassed his religious and cultural beliefs.
There must be a large number of souls from my Muslim community who consider Ven. Maduluwawe Sobitha Thero as a champion who challenged the racist agenda of a few Buddhist extremists when they were destroying the peace and spearheading a campaign of hate towards the Muslim, Evangelical Christians and other minorities in post war Sri Lanka. He believed and articulated strongly that every Sri Lankan had the right and freedom to live as an equal citizen in our blessed land.
Born into a humble village family on the 29th of May 1942, Maduluwawe Sobitha Thero rose up to be one of the country’s best know and respected Buddhist priests. Ven. Maduluwawe Sobitha entered Buddhist priesthood at the tender age of 11 and his love for the people steered him to be a prominent socialist and social justice activist. He led campaigns that even changed regimes in true Buddhist-style nonviolent revolutions. He was the chief incumbent of the Kotte Naga Vihara. Maduluwawe Sobitha Thero supported the common candidate Maithripala Sirisena and Ranil Wickremesinghe in January 2015 to form a new government defeating President Mahinda Rajapaksa.
                                                                    Read More

Lament for Ven. Sobitha Thera: We have Hit Rock Bottom in the Delivery of Healthcare. – Prof. Carlo Fonseka

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Sri Lanka Brief12/11/2015
In the event therefore, he saved democracy for the nation. Sadly our profession could not save him for the nation. I do not weep for Ven. Sobitha who died in the fullness of honours. Instead I weep for myself and the rest of us. On behalf of my profession, I beg for forgiveness from the nation for failing so dismally to save Venerable Sobitha and I hang down my head in sorrow for shame.
I cannot make myself believe that my best friend (kalyana mithra) in the clergy is no more. I was in bed when the radio announced that Ven. Maduluwawe Sobitha had breathed his last in Singapore. For a moment I thought that I must still be asleep and having a nasty dream. Then I recalled a line in my favorite novel The Razor’s Edge by Somerset Maugham: “The dead look so terribly dead when they’re dead”. Yes, this was no mistake. My friend aged only 73 was dead and gone and I at age 82 was still breathing! There is no justice in this world! The average life expectancy at birth in our country is 75 and Ven. Sobitha had not reached even that average.
In a civilized country nobody with the kind of heart trouble that Ven. Sobitha had dies after well-planned elective surgery. Let me come right out and say it upfront: something is rotten with the state of the profession to which I belong, and with Ven. Sobitha’s untimely death, we have hit rock bottom in the delivery of healthcare. As Mark Antony cried in Caesar’s funeral ” O judgment thou art fled to brutish beasts” and medics in our blessed country have lost their reason. The way scientific medicine is practiced by our breathlessly roaming doctors chasing filthy lucre is a travesty of the science and art of medicine. During what proved to be his premature terminal illness Ven. Sobitha was obliged to change the place where he received treatment no less than six times. And finally, he was airlifted to Singapore to die.
Ethics
Time was when medics in our country who practised their profession unethically were exceptional. In recent years those who practice it ethically have become exceptional. Those with powerful political friends blithely neglect their official duties secure in the knowledge that they will be protected. The powerful politicians don’t really care because when they need medical attention they can fly abroad at state expense accompanied by their favorite doctors. I am afraid that my lament for my venerable friend is degenerating into a lament for my profession.
Saviour
This is not an obituary or a eulogy. I eulogized my venerable friend in a celebratory essay I wrote for his 70th birthday in 2012. One thing I said there was that nobody spoke our mother-tongue so eloquently, so gracefully and so persuasively as did Ven. Sobitha.
I added that when people misguidedly turn to me for advice on the art of public speaking I simply say to them: study how Ven. Sobitha speaks and make him your model. It was this persuasive power that he brought to bear on the last battle he waged on behalf of our nation. Having convinced himself that the restoration of democracy in the Democratic Socialist Republic of Sri Lanka required nothing less than a change of regime he single-mindedly raised public consciousness until it was peacefully achieved. In the event therefore, he saved democracy for the nation. Sadly our profession could not save him for the nation. I do not weep for Ven. Sobitha who died in the fullness of honours. Instead I weep for myself and the rest of us. On behalf of my profession, I beg for forgiveness from the nation for failing so dismally to save Venerable Sobitha and I hang down my head in sorrow for shame.
– The ISland
Restructuring the EPF is vital to protect funds of the workers 

dfh
logoFriday, 13 November 2015
The unions must realise that Prime Minister Ranil Wickremesinghe is attempting to do a good thing; he is effectively taking the control of the fund away from the Central Bank to an independent body where all stakeholder representatives can sit together and decide how the funds should managed based on defined policy guidelines


The Prime Minister last week in his policy statement said steps would be taken to secure the funds in the EPF and ETF. He said both these funds would be amalgamated to create a new national pension plan and the combined worth of the new fund would be around Rs. 1.7 trillion. He also said “we will not leave room for politicians and officials to waste money of this new fund”. du
Despite that assurance, Opposition politicians and trade unionists have expressed their strong opposition to a Government move to set up a common fund by the merging Employees’ Provident Fund (EPF) and Employees Trust Fund (ETF) under the cover of introducing a pension scheme for the private sector employees. We cannot blame them given the track of the EPF where the former CB administration was accused of getting involved in pump and dump deals. 
There are many examples of such transactions that have still not been properly investigated by the current administration. For example the JVP’s North Central Provincial Council member and Chairman of the Inter Company Employees Union Wasantha Samarasinghe told a newspaper recently that the workers would take to the streets if the Sirisena-Wickremesinghe Government laid its hands on the EPF and ETF like the previous Rajapaksa Government.
He accused the Rajapaksa Government of having invested huge sums from the two funds in the stock market in an irresponsible manner. The General Secretary of Ceylon Teachers’ Union Joseph Stalin said the Government had no right to dip into the EPF and ETF according to its whims and fancies as they belonged to the workers and the Government was only its custodian.
Given this sentiment it would be prudent for the Government to discuss the proposed institutional mechanism and how the proposed institutional structure can protect the monies of the workers and give them better returns in the future.


Provident Fund
The EPF, which is under full State control, is the largest retirement fund of private sector workers. The EPF has invested about 92% of its funds in Government securities, 6% in stocks and 2% in corporate debt and short-term Government securities. 
Today, what often concerns contributors to the fund is the limited benefits the EPF offers them during their working life, when compared with some of the well-managed superannuation funds globally that fund skills development, healthcare and provide effective housing benefits. 
Take the CPF of Singapore; the whole scheme is tied to housing, health and a host of benefits for workers. It is also not out of place to point out that the NTUC (the only trade union recognised in Singapore) has the Prime Minister as Ex-officio President and that the type of tripartism practiced is unique and not much different to a communist form although the economic policy is strictly market driven. The CPF has never been accused of mismanagement and for investing in junk bonds and stocks. 
The concern for many workers is how safe their contribution would be by the time they retire and in addition, the real value of their balance that will be available to use as retirement income. That is where the real problem lies which needs to be addressed in consultation with all the stakeholders. The Prime Minister is the best person to do this.


Need to restructure
What the unions must realise is that what the Prime Minister is attempting to do is a good thing; he is effectively taking the control of the fund away from the Central Bank to an independent body where all stakeholder representatives can sit together and decide how the funds should managed based on defined policy guidelines. 
The members can also be given two options; either to continue with the current way of doing things under a credible body to expand the services of the EPF or to create a new mechanism to pay a lump sum at retirement and retain an amount to deliver a pension for life. Or even move beyond that to create a hybrid system consisting of both options.
According to the EPF Act, an employee is required to contribute a minimum of 8% and the employer a minimum of 12% of the total salary of the employee monthly, to the EPF. During the course of employment the worker derives little benefit and the benefit is fully for the State in the short term. Given the significant changes in the workplace as a result of new and advanced technology, a vehicle for skills training would also help employees to remain employable during their working life and also help to grow our nation’s skills base. 
On the other hand the ETF Board unlike the EPF has private sector and trade union representatives on the Board and the institution was set up to assist workers during their working life, unlike the EPF which was set up to benefit an employee when they retire at 55 years or 60 years. 
Furthermore, It may be also prudent for the Government to study its current and long term funding options and the risks associated with managing the EPF in consultation with the private sector because any change that is proposed should not fundamentally alter the rights of workers over their current benefits (Gratuity and EFT) or the long-term benefit of receiving a lump sum at 55 years or 60 years.
The private sector could also benefit substantially through a form of an unemployment benefit scheme, which a new system can fund if properly merged. That would help companies to restructure and become more competitive and for the economy to improve its competitiveness. 
Therefore, in the final analysis, the Government should be lauded for attempting to secure the retirement future of many low income workers who do not have the privilege of hefty bonuses and long-term options. What they however need to do is to ensure is that there is no room for bureaucrats and politicians to squander the funds of the workers like before, therefore the entire transition needs to be fronted by a credible and competent team appointed after consulting with all the key stakeholders i.e. the State, unions, employers and civil society. 
The Prime Minister for sure understands these issues and should therefore address them early to ensure he can successfully push through the reforms the EPF and ETF so badly need.
(The writer was a Chairman of the Employees’ Trust Fund Board.)

Central Bank safest place for EPF, ETF - Mahendran

... but no objection to funds being moved elsewhere


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by Zacki Jabbar- 

Insisting that the Central Bank was the safest place to keep Employees Provident and Trust Funds, Governor of the Bank Arjuna Mahendran said yesterday he had no objections to the monies being moved elsewhere.

He told The Island that according to the law both Funds came under the Labour Ministry and that was its logical place. "It was in the 1950s that the Labour Department handed over EPF monies to be managed by the Central Bank. If the government now wants to move the Funds to another body, there is no objection on our part."

Asked whether the proposed Public Trust would come under the Labour or Finance Ministry, Mahendran said the possibility was the latter, but it would be better to wait until the budget was presented to get a clearer picture.

The Central Bank Governor emphasised that he did not agree with Deputy Foreign Minister Harsha de Silva, who told a news conference in Colombo on Monday that EPF and ETF funds would have more security if placed under a different body.

"I think the Central Bank is the most secure and safest place for both funds. Its members have also got good returns over the years in comparison to what most secure institutions could offer," he noted, adding that Harsha de Silva was correct with regard to the conflict of interest that arose when the Central Bank not only managed EPF and ETF monies but also invested them in banks which came under its purview.

PM-finance minister dispute worsens to assaults! 

PM-finance minister dispute worsens to assaults!

Lankanewsweb.netNov 12, 2015
The internal conflict in the government due to a dispute between prime minister Ranil Wickremesinghe and finance minister Ravi Karunanayake has now worsened to such an extent that even assaults are taking place over the issue.

The PM replaced the CEO of Sri Lanka Insurance, a relative of the finance minister, and the new appointee had gone yesterday (11) to assume duties, but only to be assaulted and driven away by the minister’s supporters.
Angered by the appointment, on the PM’s recommendation, by state enterprise minister Kabir Hashim, of a person by the name Keith Bernard, who had done nothing for the UNP’s victory, as the CEO, the finance minister’s supporters had assaulted him and drove him away. Karunanayake too, is angry that Sri Lanka Insurance chairman Hemaka Amarasuriya has not been asked to vacate his position, as he is an appointee of the PM.
Meeting the PM yesterday, the director board of Hotel Hilton stressed to him that the hotel belongs to the Treasury, which comes under the finance ministry, and that the state enterprise ministry has no powers to get involved. Losing his temper, he has ordered the chairperson and other directors to resign immediately without citing legalities and technicalities.
The slow death of ‘politics as usual’?


ft-page19
By Dharisha BastianslogoThursday, 12 November 2015
In the end it took only five days for the unthinkable to happen. 

For the first time in recent memory, a minister of Cabinet rank was forced to tender his resignation following a massive public outcry over his attempted defence of a private company implicated in a major arms scandal. After five days of intense public and civil society pressure and the threat of mutiny within their own ranks, Government leaders realised the wolf was at their door. 

Avant Garde pacts revoked; suspects to be prosecuted

Navy directed to take over floating ar


President M.Sirisena-Minister of Justice- Wijeyadasa Rajapakshe-Law and Order Minister Thilak Marapana












by Zacki Jabbar-November 11, 2015, 10:25 pm


President Maithripala Sirisena has directed that all agreements between Rakna Araksha Lanka Limited and Avant Garde Maritime Services be revoked and the offenders be prosecuted based on the original report of the Attorney General’s investigation into the company’s dealings.

The order had been made at a special meeting the President chaired on the Avant Garde controversy at the Presidential Secretariat yesterday, Cabinet Spokesman and Health Minister Rajitha Senaratne said last night.

He revealed that as as a first step, Avant Garde had been ordered to hand over all its weapons said to number around 3,400 to the Sri Lanka Navy. "The Inspector General of Police has been instructed to pursue legal action based on the Attorney General’s original findings on Avant Garde’s operations, which were first presented to the National Executive Council earlier this year."

Some illegal weapons were recovered from Avant Garde’s possession recently, Senaratne, noted, adding that more evidence was bound to surface in the coming days and weeks.

The AG’s original Investigation Report had

recommended that criminal action be instituted against top officials of Avant Garde and former Defence Secretary Gotabaya Rajapaksa, but those recommendations had not been implemented due instructions given by a " Minister", he alleged.

Justice Minister Wijeyadasa Rajapaksa was not available for comment at the time this edition went to press.
Video: President calls for full report from IGP


2015-11-12
The government is concerned over the questionable behaviour of MV Avant-Garde just before the raid on it by the Sri Lanka Navy early October and President Maithripala Sirisena has asked Police Chief N.K. Illangakoon to submit a report to him on the whole episode and also on the take over of the Rakna Lanka security firm by the Sri Lanka Navy under its wings, Cabinet spokesman and Minister Dr. Rajitha Senaratne said

At the special cabinet meeting held on Monday it was decided to instruct the Sri Lanka Navy to take over the responsibility and operations of providing maritime security to ships sailing in the Indian Ocean bordering African Countries with immediate effect, Minister Senaratne told the weekly cabinet news briefing today.

“The Navy Commander who was present at the cabinet meeting said he was ready to take over the Rakna Lanka security firm under the Sri Lanka Navy as it was run by the Navy in the past. Solicitor General Suhada Ganmlath who was also present at the cabinet meeting said it was the best option,” Minister Senaratne said.

The Floating Armoury, MV Avant Garde which entered Sri Lankan waters, without prior notification, was seized by the Sri Lanka Navy on October 6.

The agents of the Ship first said that MV Avant Garde did not carry any weapons other than weapons used by four Sea Marshals boarded in the Ship. But during the inspection that followed after the raid it was found that there were LNGs, T56, S84 and hundreds of other light automatic weapons on board the ship, Minister Senaratne said.

“The Sri Lanka Navy had been monitoring the movements of the vessel entering Sri Lankan waters but when it sailed near the Maldives Islands, its GPS (Global Monitoring System) had been put off which was highly suspicious," he said.

Minister Senaratne pointed out that MV Avant Garde had obtained permission to berth at the Colombo Port but it attempted to enter the Galle Harbour. The serial number of 43 weapons had been deleted which was also questionable.

It was revealed during the preliminary inquiry that former Defence Secretary Gotabaya Rajapaksa had given ‘Blanket Permission’ to carry weapons onboard ships belonging to Avant Garde security firm bypassing the normal procedure, he said.

Minister Senaratne said investigators must find out how weapons of the Sri Lanka Navy used by Rakna Lanka security firm ended up in the hands of Avant Garde security establishment also how some of these weapons came under the possession of a private firm by the name of Seaport Ltd. The normal procedure is to hand over those weapons to armed forces, police or Sea Marshals.

Minister Senaratne emphasized that all Defence Ministry officials who had connections with the controversy had admiited the entire process was wrong but they were not in a position to say ‘no’ to Mr. Rajapaksa.

The Sri Lankan flagged vessel, has been identified by the Sri Lanka Navy as the floating Armoury known as Avant Garde, and says that it has entered the Sri Lankan Territory from Sudan without prior notification. When inquired for the vessel to enter the Galle Harbour, the vessel in response has said it wanted to disembark the sailors and hand over the vessel to the Sri Lanka Navy.

The Sri Lanka Navy had boarded the vessel on October 6, 114 nautical miles away from the Galle Harbour. The Navy Commander noted that the Navy personnel had discovered 810 illegal firearms. The crew aboard Avant Garde had said the weapons belong to Rakna Arakshaka Lanka. Although a Sri Lankan was listed as the skipper of the vessel, investigations have revealed that a Ukrainian was in fact at the helm of the vessel.

It was also revealed that 3,473 weapons had been issued to Rakna Arakshaka Lanka by the Sri Lanka Navy but only 89 of them were licensed.

Responding to a journalist, Minister Senaratne said the inquiry was continuing on the controversy and certain government Ministers would have a tough time when the whole truth was exposed upon the conclusion of the ongoing inquiry. (Sandun A Jayasekera) - See more at: http://www.dailymirror.lk/95111/video-president-calls-for-full-report-from-igp#sthash.LAxLiI2T.dpuf

Avant Garde Packs Revoked: Beginning of the Real Justice

sl-army_file
Yesterday it was by the AGMS. Tomorrow it should not be taken by another wolf disguised as meek sheep. Let the Sri Lanka Navy play a responsible role, and support the state trust.  This should not be yet another game of goblins! 


EDITORIAL
(November 12, 2015, Colombo, Sri Lanka Guardian) The justice loving people of our motherland must have been inspired upon hearing the news of the bold presentation made by the Commander of the Navy, Vice Admiral Ravindra Wijegunaratne, on the unlawful activities of the Avant Garde Maritime Service (AGMS), a private entity which enjoyed the impunity offered by the government of Mahinda Rajapaksa to represents Sri Lanka on maritime security and business, yesterday. Therefore, President Maithripala Sirisena’s decision on the relevant subject is delightfully exemplary of his leadership. Thank you! Mr. President.
Meanwhile we have noted the strange silence sustained by the Justice Minister, which is nothing but a cunning trick to maintain the portfolio, during the meeting.  Later, we’ve learnt, that he has whispered to some of his closest associates, the “real intention” of the interest parties on this issue is none other than to take over the business.  Therefore, “those parties are conspiring to sabotage the ‘patriotic’ intermediate role played by the AGMS,” he nodded.
Well, it could be true. But does it meant, the country should not continue the investigation on the unlawful activities by the AGMS?  Sincerely not. The reputation of the government relies on such a landmark issue, and the government must take this opportunity seriously, not only to revoke the packs signed but also to convict the culprits without delay.  Justice delayed is justice denied.
Justice is all about fairness. If the person who is responsible for justice in the nation, bawls while irrationally accusing others to undermine the investigative process, then it is a serious matter of concern to the leaders. Which leader would like to go home with reputation of being corrupt after his respective tenure in the office? Which leader would like to safeguard the person who is strategically eradicating the reputation of the government?
However, the Justice Minister has firmly stated that he has no intention to resign whatsoever. While speaking to the local media he announced, “no matter what they say, I’m not suffering from a mental disorder to relinquish my portfolio”. It is an interesting argument to secure his portfolio.
According to him relinquish his portfolio is none-other than but a result of a mental disorder. Does it meant, any politicians in this country can spend public money and time to defend their personal clients, while being representative the ruling government?
What we believe is that the issue on AGMS is not merely a political ring tone, but it has very much to do with the national issues of the nation. The issues is much deeper than it appeared on the public domain. There is no doubt, the revenue by re-deploying the Sea Marshals will be reduced as the High Risk Area on the sea has been reduced.
However, the straight forward question by the President to the Navy Commander and his straight forward answer on responsibility, strengthen the principles of the good governance.
We, congratulate the Navy Commander for his extensive role in restoring the dignity of the service, and other irresponsible parties who were involved in the investigative process on this very issue of the country. Apparently, we believe it will benefit the ordinary citizen of this island nation.
Yesterday it was by the AGMS. Tomorrow it should not be taken by another wolf disguised as meek sheep. Let the Sri Lanka Navy play a responsible role, and support the state trust.  This should not be yet another game of goblins!

A Marapana-Wijeyadasa Cooked Up Drama?


By Shyamon Jayasinghe –November 12, 2015
Shyamon Jayasinghe
Shyamon Jayasinghe
Colombo Telegraph
Isn’t this drama over the Avant Garde issue a contrived one? Constructed by both the former Minister of Law and Order and the refusing -to go -Minister of Justice, Wijeyadasa Rajapakshe? Superficially, it looks like horseplay. Looking at it with a discerning mind it appears most surely as a pantomime by these two Cabinet worthies.
I must say at the very outset that I make no personal judgment about this issue involving Gotabaya Rajapaksa. That decision has to be made only after a judicial enquiry. Tilak Marapana or Wijeyadasa Rajapakshe -neither of them-are judicial bodies and they haven’t before them the results of any conducted judicial enquiry. Hence, they have absolutely no right to speak for or against the Avant Garde allegations at this stage. They cite the AG’s opinion all right; but the opinion of an AG is yet another opinion. AG is not a judicial body. In the circumstances, both these persons should have kept their mouths shut. Instead the Honourable Wijeyadasa openly concurs with the AG’s opinion.
There is a political consideration, too, that these gentlemen have nonchalantly disregarded. Avant Garde is a hot political issue that if handled inappropriately can lead to undermining the whole credibility of the Yahapalana government of which the two gentlemen are key members. Why did the latter have to go out of their way and defend the Avant Garde operations in Parliament without even consulting the cabinet or the Prime Minister-leave alone the President with regard to the political wisdom of doing so? To make a public statement like this should have required a policy decision that involved the Prime Minister and cabinet for the simple reason of its dire political consequences. Any issue that has wide political propensities involves a policy decision.
In short, both Messrs Marapane and Wijeyadasa Rajapakshe have made a judgment when they had no right to do. And they have made a Parliamentary announcement of their personal judgment that was politically damaging to the government. Any ordinary Pradeshiya Sabha member would have seen that the utterances of these Ministers were politically unwise. The wise thing to have done was to await a judicial enquiry and leave it at that. It is up to the justice system to acquit Gotabaya of any wrong-doing. Such an acquittal will only have enhanced the prestige of a yahapalana government by demonstrating to the people that it is truly yahapalana. In this case, we have two Ministers acquitting those charged with Avant Garde fraud. Unbelievable!
                   Read More

Rajitha attacks Cabinet colleagues


2015-11-12
Co- Cabinet Spokesperson Minister Rajitha Senaratne criticized the behaviour of fellow Cabinet Ministers, at a press conference held in Colombo, short while ago.
Responding to Minister of Justice and Buddha Sasana Wijeyadasa Rajapakshe calling those who levelled charges against him with regard to the Avant Garde issues are mere 'goda perakadoruwo', Senarathne said that Rajapakshe is the 'goda perakadoruwa', not him.
Senarathne also alleged that Rajapakshe did not utter a word during Cabinet discussions regarding the Avant Garde issues. He went on to say that Rajapakshe only speaks to media, but not to his colleagues at Cabinet meetings.
Again answering another question, Senarathne made an off-handed remark regarding Harin Fernando, Minister of Telecommunication and Digital Infrastructure.

TID now investigates KP: AG

TID now investigates KP: AG
logoNovember 12, 2015
The Terrorist Investigations Division (TID) has launched investigations in connection with the former Tamil Tiger rebel leader Shanmugam Kumaran Tharmalingam alias Kumaran Pathmanathan (KP) who was one time LTTE’s arms procurement wing leader and ‘international secretariat’, the AG department informed the Court of Appeal.

Additional Solicitor General Jayantha Jayasuriya made the observation when the Writ Application, which was filed against KP by the Janatha Vimukthi Peramuna (JVP), was taken-up for hearing today (12).

The Additional Solicitor General has apprised the Court thus far no evidence has been found in order to prosecute KP, Ada Derana court reporter said. “However, a new investigation is underway against KP by the TID,” Jayasuriya has said.

The Writ Application was filed by Parliamentarian and JVP Propaganda Secretary, Vijitha Herath, last January. The respondents for the case include the Army Commander, Inspector General of Police, and Controller General of Immigration and Emigration Department.

The case will be heard again on February 03.

AG in cohorts with corrupt judge!

AG in cohorts with corrupt judge!

Lankanewsweb.netNov 12, 2015
The attorney general is trying his best to save Supreme Court judge Sarath Abrew, who continues to be in service while claiming that he will retire, in order to escape the charges against him, say AG’s Department sources.

The CID, within two weeks, has completed investigations and submitted reports to the AG with regard to accusations against Abrew that he had sexually assaulted, confined, attacked with a fiream and caused injury to a female servant at his home. However, nearly five months have gone by since the incident, but the AG’s Department has not yet notified the CID about its decision and is intentionally keeping the relevant file, say the sources.

In the meantime, Abrew has been saying that he will retire, in order to cover up the investigation. He has done so on the advice of the AG. Top officials of the department say a judge or any other officer cannot avoid criminal charges by going on retirement.
The AG is not taking action as he thinks that that will cause a blemish on the judiciary, but what will happen is that a worse damage will be caused to the judiciary if the public loses their faith in it.

The real message from EU move to label Israeli settlement goods
Palestinians wave a flag during a protest against Israeli settlements in the occupied West Bank village of Nabi Saleh, near Ramallah, on 28 August.Shadi HatemAPA images


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electronicIntifadaAli Abunimah-12 November 2015
After years of dithering and delay, the European Union on Wednesday finally took the minimal step of requiring labels clearly marking goods that come from Israeli settlements built on occupied Palestinian and Syrian land in violation of international law.
Palestinians welcomed the move, but are decidedly underwhelmed. Nonetheless the European step holds some important messages.

Report: Kenyan Military “In Business” with Al-Shabab

Report: Kenyan Military “In Business” with Al-Shabab

BY TY MCCORMICK-NOVEMBER 12, 2015 
NAIROBI, Kenya — A new report says Kenya’s military has done a brisk business in sugar and charcoal in Kismayo, Somalia, since pushing al-Shabab from the southern port city in 2012, but the trade has become a key financial lifeline for the terrorist group it is there to fight.
Published by the nonpartisan watchdog organization Journalists for Justice, the report accuses top Kenya Defense Forces (KDF) officials within the African Union Mission in Somalia (AMISOM) of being involved in an illicit export operation worth between $200 and $400 million per year. AMISOM is the multinational peace enforcement mission battling al-Shabab.
The smuggling racket also includes key figures in Kenya’s Ministries of Defense and Immigration and “enjoys the protection and tacit cooperation of leaders at the highest echelons of the Executive and the National Assembly,” the report states. The proceeds are effectively split three ways among the KDF, the Somali regional government known as the Interim Jubaland Administration, and al-Shabab — all of which tax the charcoal and sugar trades at different points.
“This is not a question of a few corrupt border guards and junior policemen,” the report concludes. “This is a racket involving large sums of money that stretches to the highest levels within Kenya.”
The report estimates the KDF’s tax take at $50 million per year. A spokesman for the Kenyan contingent within AMISOM did not respond to an emailed request for comment on Wednesday.
This is not the first time the KDF has faced allegations of war profiteering in neighboring Somalia. The U.N. Monitoring Group for Somalia and Eritrea has repeatedly called out the Kenyan military for violating a charcoal export ban put in place by the U.N. Security Council. In 2013, the watchdog groupestimated the size of the illicit charcoal market at between $360-384 million, “with profits divided along the charcoal trade supply chain, including for al-Shabab.”
A year later, the U.N. Monitoring Group noted that “al-Shabab continues to benefit from the revenue generated, on a scale greater than when it controlled Kismayo.”
“In this sense, [the new report] tracks with what the U.N. Monitoring Group has been saying for years now,” David Shinn, a former U.S. ambassador to Ethiopia and Burkina Faso, told Foreign Policy. “They have come up with some very sharp criticisms of Kenyan authorities, particularly in the military in Kismayo, for being in the charcoal trade in a way that benefits al-Shabab.”
But Thursday’s report breaks new ground by exposing the extent of the KDF’s involvement in the sugar trade and by illuminating the murky supply chain that runs from al-Shabab territory, through the Kenyan controlled port of Kismayo, past corrupt border guards and into Kenya, greasing palms at every step along the way.
It also documents a number of troubling human rights abuses allegedly committed by the KDF. After auditing 11 different Kenyan airstrikes, the report concludes that “contrary to government claims of al-Shabab targets destroyed, dozens of victims recounted the targeting of civilian villages, water-points and livestock.”
Kenya invaded southern Somalia in October 2011 to create a buffer zone on its northeastern frontier. The KDF dislodged al-Shabab from Kismayo a year later, but the pace of its offensive operations since has slowed. According to Thursday’s report, the KDF has settled into “garrison mode,” with its soldiers “sitting in bases while senior commanders are engaged in corrupt business practices with the Jubaland administration and al-Shabaab.”
“The most disturbing thing is the implication that the Kenyan security services is essentially in business with al-Shabab,” said John Githongo, a former senior anti-corruption official in the Kenyan government who is now a prominent activist. “Kenya, which is facing the nastiest political threat we’ve ever faced, is in business with them. It is shocking that corruption has taken us that low.”
The report details how Kenyan misadventures in southern Somalia have strained relations with key counterterrorism partners, including Washington. It claims that U.S., U.N., and EU officials are all “very frustrated” with Kenyan authorities, but have been reluctant to force the issue for fear of jeopardizing security cooperation on other fronts. The U.S. needs Kenyan permission to access its base in Kismayo, where FP previously reported that U.S. Special Forces are operating drones, and to maintain another so-called “lily pad” base in Kenya’s Manda Bay.
Shinn said that if the allegations in the Journalists for Justice report are “independently confirmed by the U.S. government, then it could result in a frank discussion with the Kenyans about what the hell is going on here.” Beyond that, however, the former U.S. ambassador thought allegations were unlikely to have a big impact on the U.S.-Kenya security relationship, and were even less likely to disrupt the flow of security assistance.
“There’s a certain willingness to allow more malpractice on the part of our allies if they are willing to take the fight to al-Shabab, which is seen as the bigger threat,” he said.  
The Kenyan public, which has had to adjust to invasive security measures since the KDF’s 2011 invasion of Somalia sparked an uptick in domestic al-Shabab attacks, may be less forgiving.

“We’re all getting searched at the mall, going through metal detectors, and then you read the report that our own security forces are in business with the main threat,” said Githongo. “It doesn’t feel too good.”
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