The misery of war widows in the North

- Jan 01, 2016

The northern provincial council health minister P. Sathyalingam said although four years has elapsed the living standard of the 42000 war widows in the Northern Province has not developed.

The health minister pointed out due to the absence of public servants and lack of funds the lives of the war widows have become deprived unable to increase their living standards.

The health minister said there is no budget available in the northern provincial council to spend for the wellbeing of the war widows. Recently a sum of Rs. 12.8 million which was allocated for the purchase of vehicles for the northern provincial council was used for this purpose.

Apart budget allocation no sufficient bureaucrats available at the provincial council to look for the betterment of the war widows. He said still there is response from the central government for the request made to enroll new staffs.

The health minister further said since majority of the war widows are disabled or handicapped they are in need of another person’s protection. Due to this reason majority of these war widows are living alone.

Without any income some widows are compelled to take any jobs and mostly there are women headed families, said the health minister. He said he has urged the central government to change this situation at least in the coming year.

Ekneliyagoda trial: Good governance president yet again unashamedly renders aid to criminals !

(Lanka-e-News -01.Jan.2016, 10.00PM) While it is being repeatedly accused that the legal division of the army now under the incumbent  president Maithripala Sirisena who is the commander in chief of the forces ,has officially entered the Guiness book of (ignominious) records by appearing on behalf of the criminal army officers who committed murders under the Rajapakse regime then , another intriguing  incident took place day before yesterday (30) at the Homagama magistrate  courts in Prageeth Ekneliyagoda trial ……

In the abduction and murder of journalist Prageeth Ekneliyagoda , another suspect , an army officer  was arrested and produced in court yesterday by the CID. Lawyer U .R. De Silva PC yesterday appeared on behalf of the army suspects who are already in remand custody , while claiming  he is representing the legal division of the army with deceitful motives.

The State counsel , Dileep Peiris appearing on behalf of the Attorney General’s (AG) department pointed out that since the army is a State department , its legal division  can only be represented by the AG’s department and not by a lawyer privately hired for a fee, and therefore U .R.D.Silva’s appearance is illegal.

Magistrate Nelumdeniya who is inexperienced said , even the AG ‘s department employs private sector lawyers.To this Dileep Peiris countering that statement enlightened the magistrate, that does not happen in the AG’s department , and only counsels of the AG’s department appear for cases. 

The magistrate reiterating what he said earlier remarked , even in his court private lawyers appear through proxy on  behalf of the AG’s department.  At that stage , Lawyers Dileep Peiris and Upul Kumaraperuma explained to the magistrate, appearing through proxy and appearing for a case are two different things. Though proxies are used in remote courts , when a case is being tried , never has the AG’s department employed private lawyers outside its department to appear in court . Hence , if the army needs legal assistance , that should be done through the AG’s department , and not through private lawyers , which is absolutely unlawful. Following this explanation , a heated argument erupted between Nelumdeniya and  the lawyers.

Finally , the  AG’s department objected to granting bail to the army suspects . The magistrate then remanded all the army suspects until the 11 th of January .The latest suspect arrested by the CID  too was remanded.

Nelumdeniya the Homagama magistrate will be hearing cases only until 31 st December , and thereafter a new magistrate shall be taking over. On the 11 th of January therefore the new magistrate will be hearing the case.

It is to be noted that this is a most crucial case, and the army appearing on behalf of its criminal officers is a most shameful and reprehensible action deserving condemnation. The president Maithripala Sirisena as the defense minister cum commander in chief of the forces must hold himself responsible for these unlawful actions.

Lest president Maithripala Sirisena  has forgotten, might we remind him , as we have done so often, he  came to power after making solemn promises countless number of times  that he would ensure investigations are duly conducted into the unlawful crimes and murders committed hitherto under the Rajapakse era , and mete out punishment to the culprits, and not  to provide assistance and aid to the criminals, and thereby etch  his name in the  Guiness book of (ignominious) records.

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by     (2016-01-01 16:47:01)

Retrospective glance at 2015

JAN 01 2016

Journalists, especially political columnists whose vocation is writing contemporary history or recording action and events as they happen live have, nevertheless, a customary habit of looking back at the year that just receded on every New Year’s Day. True to tradition we would also like to take a retrospective glance at the Year 2015.

It does need the acumen of a political scientist or the experience of a seasoned politician to name the momentous event in Sri Lanka that happened last year. By all standards it was the Presidential election of January 8 which not only changed the steward of the ship of state but also replaced the authoritarian rule designed to perpetuate an archaic family rule with a democratic government whose motto is Yaha Palanaya or Good Governance.

This was followed by the Parliamentary election of August 2015 that again confirmed the people’s verdict of January 8th. Taken together these two events laid the foundation for a real change the way the country is governed. All significant developments in the course of the year had as its source either of these two events or both taken together. They were either their consequences or responses to them.

The first of these consequences was the development of a broader national consensus toward national reconciliation and unity. It also marked a visible retreat of chauvinist forces and fundamentalist groups that had the patronage of the state earlier.

Freedom of expression

This was accompanied by the elimination of fear among the population - fear of the neighbour, fear of the State, fear of intimidation and death etc. Citizens breathed free from Pt Pedro to Pt Dondra and the ubiquitous and notorious ‘White Van’ disappeared from the streets.

President Maithripala Sirisena takes the oath of office at Independence Square in Colombo on January 9.

Media also breathed free. News reporting became more balanced and the hegemony of the ruling party in the media began to wither away. Freedom of expression found more space and as a result even the Head of State was not spared by the critics today.

Another significant development was the success of the Government in salvaging the prestige of the country in the world by timely corrective measures which broke the island’s isolation from the international community caused by the folly of the previous regime.

For the first time in post-independence history civil society came to the fore, even dictating terms to the politicians on the way forward. This empowerment of the civil society is a sign of maturing democracy. Further, it is here to stay.

Even the minority Government in the period between the two elections has to its credit the passage of the 19th Amendment to the Constitution, albeit in a truncated form. The last named deformity being caused by the virulent opposition of the loyalists of the former regime who outnumbered those representing the government in the legislature.

This is not to conclude that everything was rosy and everything went on as scheduled. Nay, the reality is far from it.

One serious drawback is that the Parliament and the Cabinet of Ministers in the present Government does not truly reflect the people’s verdict as both representations and portfolios were distribute in a manner that does not correspond to the voter’ intentions.

Moreover, old practices continue unabated even in the ranks of the government and in the administration. There are also structural weaknesses in administrative and other fields which prevent the carrying out of the government’s programmes. Financial constraints, lack of human and material resources etc. all bring the machinery of State to a grinding halt or cause hiccups slowing down the passage of reforms.

Strategy of economic development

To make matters worse macro-economic climate has deteriorated. Worst still is the lack of coherence and clarity in the strategy of economic development about which there is hardly any dialogue even among economists.

One year has passed. The much talked about formulation of national policies has not even started. Even in the cases where legislation is being prepared progress is regrettably slow. As far as investigations into corrupt practices and criminal activities of high profile personalities in the last government public is fast losing hope that any substantial outcome. On the contrary there seems to be collusion to hide them under the carpet.

However, there is no ground to lose hope. Still there are ample opportunities to salvage the reform process. The basic hope lies in the unity of the people and their basic support to the regime despite its shortcomings. People do understand that a return to the old regime should be prevented. There lies the hope for the Government too. It should take the people into confidence.

There is a golden opportunity to draft a new Constitution which could also be used to find a solution to the National Question. We have wasted all previous opportunities. Let us not waste the present opportunity too.

In this respect the government and the people should be vigilant about the threat from reactionary forces who would attempt to sabotage the reform process by using pseudo-nationalist and anti-imperialist slogans while serving the interests of the dark forces of chauvinism and authoritarianism. It is necessary to unmask who these “friends of the people” are and how they fight the forces of change. 

2016: Threats, Challenges, Tasks & Prospects

By Surendra Ajit Rupasinghe –January 1, 2016

Surendra Ajit Rupasinghe

The year 2016 would undoubtedly bear formidable threats, bold new challenges and present new tasks of great historical and national importance. The need for this article is to try to penetrate the outer veil of appearance and illusion and the inner veils of self-delusion that blind us, so that we may grasp reality head-on, in the light of the momentous times we live in, and prepare to act on it. This is so we may grasp both the glorious prospects for human emancipation that lie on the horizon, but to be accomplished by overcoming the truly mortal dangers and challenges we confront. This is in the context of the very real existential threat being posed to the future of Planet Earth and all Humankind, including the Land and the People of Lanka. I shall elaborate as we go on.

The whole world order is shaking under the impact of a generalized, systemic economic crisis and wracked by volcanic political explosions. These include the wholesale bankruptcy and collapse of national economies, catastrophic destruction, mass human dislocation and unthinkable humanitarian disasters creating pitiless, unending suffering, degradation and misery for tens of millions, and the escalating spread of protracted wars of aggression, occupation and genocide that spell the doom and disaster of all civilized human existence. The Land and the People of Lanka are being inexorably dragged into this vortex. Into the vortex of inter-imperialist rivalry, focused on gaining strategic superiority and advantage in the Asia-Pacific/ Indian Ocean Region. This momentum is vital to the survival of each contending power, particularly the US, China and India. The political effects shall be so consequential and fateful that we need to understand the underlying dynamics that would account for these momentous conjunctures. We should discuss and debate about their causes and effects We should analyze the major political forces at play in respect of their compelling necessities and their interests and agendas, so we get to know the game and learn how to play, in our own way. Then only that we can identify the mounting threats and historic challenges that confront the people. Only then can we define and prioritize our historic tasks.

The historic task before us is to advance the cause of liberating the Land and the People of Lanka from this tightening stranglehold of world imperialism, to be played as pawns in the ensuing struggle for world domination. We would have to work out a sound, all-round strategy, program and plan that would raise the political consciousness of the people as to the real stakes being played. We would have to unite, mobilize and organize the advanced conscious social forces desirous of achieving genuine national unity, independence, democracy and freedom. This would have to be in conjunction with uniting and mobilizing all those who suffer unending poverty, misery, violation and degradation under the system. The exploited, subjugated, and oppressed classes, masses and nationalities must be brought together in a powerful and advancing movement of mass struggle, resistance, rebellion and conscious revolution, if we are finally smash the chains of imperialist domination and neo-colonial subjugation and win our true independence, democracy and freedom.

The Power of Artful Deceit and Diabolical Deception                 Read More

2016 – The Significance of State Accountability

2016 would be an appropriate year to rediscover past measures taken to adopt a novel approach to accountability from an international perspective.

by Dr. Ruwantissa Abeyratne

( January 1, 2016, Montreal, Sri Lanka Guardian) 2015 was the year of responsibility, where the international community – which comprises not only States but also agencies and organizations – got together and pronounced on each other’s responsibility towards safety, security and sustainable development in the world.  A good example is the paradox of The Conference of the Parties (COP 21) to the United Nations Framework Convention on Climate Change (UNFCC) which met in Paris in November-December 2015.  COP 21 declared on the one hand  that it is vital that the world’s temperatures do not exceed 1.5 degrees Celsius over pre-industrial levels, while on the other got nowhere toward a mechanism that would prevent such a rise.  There was no discussion on who was accountable for what in attaining this goal and what measures could be taken to hold miscreants accountable who polluted in excess.

At the World Economic Forum 2015 held earlier in Davos, Switzerland – a precursor to COP 21 in the climate change context – similar statements were made to the effect that there was an integral relationship between   climate change and development.  The Davos conference made the statement that: “unless we are able to address climate change in a timely manner, all development gains will be under constant economic and social threat due to the increasing frequency and intensity of natural disasters that can easily wipe out extended areas of living space, infrastructure and crop lands. From the climate change perspective, this type of vulnerability is in part recognized as the urgent need for resilience. Greenhouse gas mitigation policies and technologies can therefore be seen as the necessary “gateway” to development that is sustainable in the long run”.  This was a mere statement of responsibility: no call was made for the development of an accountability mechanism.

The principle of State responsibility is an entrenched concept at customary international law.  There were many instances where this principle emerged in 2015: from the claim of the United States that China cannot invoke its State sovereignty over man made islands in international waters; to Russia’s claim that Turkey was responsible for the shooting down of the former’s fighter aircraft.  Arguably, the most compelling example of responsibility without accountability was the acknowledgment of Germany of its responsibility to take in nearly a million refugees – mostly from Syria and Afghanistan – based on Article 1 of the German Constitution which ensures that the dignity of the human is untouchable and sacrosanct.  However, Germany, or any other country for that matter, did not take concrete action with the rest of the international community on the accountability of those responsible for the plight of the refugees.

With stronger reason, Lebanon, Turkey and Jordan have taken millions of refugees, based on their moral responsibility, but the world has not come together to identify and implement the responsibility of those responsible through concrete punitive measures of accountability.

 It is hoped that in 2016 the international community will graduate from pronouncements of responsibility to the need to enforce accountability. The first step would be to understand the difference between responsibility on the one hand and accountability on the other.  Is accountability broader and more stringent than responsibility?    The inherent dilemma posed by these two terms is that, often they are used interchangeably by even the most erudite.  A common definition of the word “responsibility” is that it is the state or fact of having a duty to deal with something or of having control over someone.  The Meriam-Webster dictionary defines “accountability” as the obligation or willingness to accept responsibility or to account for one’s responsibility for actions. Lisa Yarwood, in her doctoral thesis which was later published by Routeledge under the title “State Accountability Under International Law” states: “Thus, accountability does not merely seek to identify the responsible party; accountability seeks to make the responsible party account for its actions.  Accountability will ensure the discharge of responsibility, while the reverse does not necessarily apply.

The above definitions notwithstanding, the enforceability of State responsibility – although a necessary international measure – has to be addressed carefully, particularly in the realm of humanitarian law in the context of terrorism.  The shooting down of Malaysian airlines Flight MH 17 in July 2014 over Ukraine by unknown elements brings this danger into focus.  One of the greatest dilemmas faced by the modern State is to determine the way in which it could distance itself from terrorist activity that is perceived to be condoned or even supported by the State. The terrorist of today is highly sophisticated in the art of confusing the public and the international community, which often results in fingers being pointed at a sovereign State in terms of responsibility for private acts of terrorism.  It therefore becomes necessary to inquire into the principles that identify liability in this area with a view to determining true reprehensibility of perpetrators who often make themselves indistinguishable from both the government and the civilian population within  which they function.

2016 would be an appropriate year to rediscover past measures taken to adopt a novel approach to accountability from an international perspective.  One could pick, quite arbitrarily, what has happened in the past year  – from the Charlie Hebdo attacks in early 2015 to the November 2015 terrorist attacks in Paris, which saw 130 people losing their lives to terrorism – to trans-border pollution where the burning of forests in Indonesia affects the health of those living in Singapore – to the Condonation Theory of international law on State responsibility.  The theory was based on the fact that it is not illogical or arbitrary to suggest that a State must be held liable for its failure to take appropriate steps to punish persons who cause injury or harm to others,  for the reason that  such States can be considered guilty of condoning the criminal acts and therefore become responsible for them . Another reason attributed by scholars in support of the theory is that during that time, arbitral tribunals were ordering States to award pecuniary damages to claimants harmed by private offenders, on the basis that the States were being considered responsible for the offences.

The responsibility of governments in acting against offences committed by private individuals may sometimes involve condonation or ineptitude in taking effective action against terrorist acts, in particular with regard to the financing of terrorist acts.  An appropriate example of treaty making in State responsibility was seen on 9 December 1999, where States under the auspices the United Nations adopted the International Convention for the Suppression of the Financing of Terrorism, aimed at enhancing international co-operation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators.

The Convention, in its Article 2 recognizes that any person who by any means directly or indirectly, unlawfully or willfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any act which constitutes an offence under certain named treaties, commits an offence.  One of the treaties cited by the Convention is the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

The Convention for the Suppression of the Financing of Terrorism also provides that, over and above the acts mentioned, providing or collecting funds toward any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in the situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act, would be deemed an offence under the Convention.

Accountability means something more than answerability.  It means the removal of impunity of States who seek protection immunity for their reprehensible acts – under the guise of State sovereignty –  and of leaders, whether they plunder the wealth of the people or tacitly acquiesce in the spread of terror in their States.

Ratnapriya Wants Govt to Consult all Stakeholders in Drafting New Constitution

01/01/2016 

The Joint Convenor of the People’s Collective Movement (Purawesi Ekamuthuwa), Saman Ratnapriya yesterday said that the government should hold a discourse with all stakeholders before formulating the new constitution.

Addressing the media conference in Colombo, Ratnapriya said contrary to statements made by leader of the Pivithuru Hela Urumaya, Udaya Gammanpila regarding the alleged Constitutional Coup to weaken the power of the central government, President Maithripala Sirisena had pledged to abolish the Executive Presidency while finding solutions to the ethnic issue with a new constitution.

Ratnapriya said that there were sections of the constitution which needed to be strengthened such as human rights and the right to live. New Chapters should be introduced.

“However unlike the budget it cannot be done sitting inside air conditioned rooms,” he said pointing out that the changes needed to be discussed with relevant groups. Their ideas should be sought and considered before drafting it.

Meanwhile Ratnapriya lashed out at the Leader of the Pivithuru Helaurumaya for his statement regarding war heroes. “Those who carry out contract killings for politicians, such as that of Prageeth Ekneligoda’s alleged murder, or terrorised people on behalf of politicos and their henchmen cannot be considered as war heroes, he said.

One of the greatest war heroes was degraded by the previous government, he said.

The Joint Convenor said that all those responsible for Ekneligoda’s death should be brought to justice.
by dilanthi Jayamanee
The Island

Avant Garde chief under death threat from Navy chief ! - Complaint lodged with Mirihana police.

(Lanka-e-News -01.Dec.2016, 10.00AM) A team operated by Navy Commander Ravindra C. Wijegunawardena has made threats to the life of Avant Garde chief Nissanka Senadhipathy . The latter has lodged a complaint to this effect with the Mirihana police last evening.

Two unidentified suspicious individuals had been loitering about the office of Senadhipathy on a motor bike and spying from last morning  .These two suspects who were wearing full face helmets had later on  been going around the house of Senadhipathy on the same motorbike .When inquiries were made, homes of several officers too of Maritime Co. had been spied upon similarly , and the motorboke No . is BAG  6093 according to the video recordings made by the employees.

When Senadhipathy made a complaint to the police last evening , following invetsigations by the police it has come to light that the motorbike No. BAG 6093 has been registered with the Registrar of Motor Vehicles Department (RMV) under the name of the Navy Commander. Further investigations have revealed that this motorbike belongs to the intelligence division under the Navy Commander .

The Avant Garde Maritime  Co. belonging to Nissanka Senadhipathy was handed over to the Navy after the present Navy Commander said the Navy  can look after its affairs , and on the recommendations made to the president. However the Navy could not live up to the expectations and was a failure . The Navy could not collect the amount of revenue when it conducted the operations which Avant Garde collected . Besides the Navy could not provide employment to the 6700 workers who were left high and dry. 

Subsequently the Navy said , these operations are to be handed over to two companies , one in Malaysia and the other is Singapore. With this revelation the lid on the myth that the acquisition of Avant Garde by the Navy was a patriotic move was blown sky high, and the motives and machinations came to light .

It is well to recall at this juncture that during the Rajapakse reign , the Navy committed a number of abductions and murders , investigations have revealed by now. Moreover several Navy officers are in custody.

Meanwhile , six security personnel of Hirunika Premachandra , Colombo district M.P. have been remanded over an attempted abduction of a youth in a defender jeep  belonging to her.

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by     (2016-01-01 04:37:10)

PRECIFAC receives 900 complaints: Two probes completed 

2016-01
PRECIFAC Secretary Lacille de Silva said today the commission was able to complete investigations into two complaints out of 25 major complaints received in 2015. 

He said the commission had received 900 complaints in 2015 of which 300 were referred to its police investigation team.

 “Our commission has been able to complete investigating two major cases in five months since the setting up of the police team in July last year. Even though the Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC) was established in March last year, the investigations began only in August after the appointment of police personnel. Investigations into two other complaints would be completed in the next two months,” Mr. Silva said. 

He said complaints into misappropriation and financial irregularities in SriLankan airlines, Rakna Arakshaka Lanka Ltd., the Coconut Development Authority, Lak Sathosa, the State- owned ITN and the National Housing Development Authority were among the major investigations that were being carried out by PRECIFAC. 

Mr. Silva said in addition to the police personnel carrying out investigations, four High Court Judges and a former Auditor General have been appointed to assist the commission. (Ajith Siriwardana)

Legal action mulled against ex-fisheries deputy minister 

• Gunaratne connected to alleged misuse of public funds during Rajapaksa presidential campaign, PRECIFAC recommends to take legal action 

 By Shanika Sriyananda-Saturday, 2 January 2016

​Anti-corruption efforts are set to continue in 2016 with chargers to be filed against former Fisheries Deputy Minister Sarath Kumara Gunaratne and several top ministry officials against their alleged involvement in financial irregularities during former President Mahinda Rajapaksa’s time in power.

The Government is to institute legal action against them, shortly, following the recommendations of the Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC), sources close to the matter told Daily FT. 

The PRECIFAC grilled Gunaratne and several senior ministry officials over misuse of public money to develop the Negombo lagoon.

Former Deputy Minister Gunaratne was also questioned by PRECIFAC over his alleged involvement in misusing public funds for the 8 January presidential election campaign and allocating money for purchasing T-shirts and caps for the campaign.

They have also been accused of misusing public money to organise a series of functions in the propaganda campaign of Rajapaksa in the January 2015 polls.

Handing over its third interim report to President Maithiripala Sirisena, Bribery Commission and the Attorney General’s Department, the PRECIFAC has revealed that the Fisheries Ministry money had been used for functions and ceremonies held to support the election campaign of former President Rajapaksa.

When contacted, PRECIFAC Secretary Lacille De Silva confirmed to Daily FT that the PRECIFAC investigations have found legal charges could be filed against Gunaratne and other top officials for misusing public funds.

“We can presume that the government would take suitable legal action against them in the near future,” he said.

Bribery Commission summons A. S. P. Liyanage

​

A. S. P. Liyanage

​By Chamodi Gunawardana

The Commission to Investigate Allegations of Bribery or Corruption has summoned businessman A. S. P. Liyanage to appear before the commission on 4 January to give a statement regarding the controversial Peacock Mansion. 

In March 2016, he was prepared to give his luxurious mansion worth Rs. 750 m to former President Mahinda Rajapaksa as a gift, but changed his mind at the last moment saying he was scared to do so.  

The Bribery Commission ordered him to appear at 9.30 am with all related legal papers.The Peacock Mansion which is located close to the Diywanna Oya, Rajagiriya, was designed by world famous architect the late Geoffrey Bawa.

Towards dystopia?

Editorial-January 1, 2016, 7:51 am 

Judge Hirunika Premachandra

Every time Police Spokesman ASP Ruwan Gunasekera trots out a lame excuse for not taking action against UNP MP Hirunika Premachandra over the recent abduction of a man by her security guards, his nose elongates. His predecessor who defended the Rajapaksa government to the hilt in spite of its illegal operations was also affected by the Pinocchio syndrome, as it were.

ASP Gunasekera insists that MP Premachandra’s statements to the media and the victim’s complaints are not admissible and, therefore, the police cannot act thereon to take action against her. He has gone on record as saying that the Attorney General will be consulted on the issue. But, there have been instances where the police went hell for leather to arrest even minors over lesser offences.

A 13-year-old girl was hauled up by the Thebuwana police before the Kalutara Magistrate in September 2010. What was her crime? She had stolen Rs. 5.00—yes, five rupees only—from a kiosk! She was enlarged on bail. She said she had taken the money because she could not think of any other way of dulling hunger pangs. In 2013, another 13-year-old schoolgirl was arrested, arraigned on charges of stealing a few coconuts from her neighbour to pay her school fees and bailed out. The police said the offence she had committed warranted her arrest!

Will the Police Spokesman or the IGP tell us whether the police had consulted the AG before arresting those 13-year-old girls and explain why that kind of high octane performance is sadly lacking on their part in dealing with a 28–year-old female MP? Of the theft of a few coconuts or five rupees and an abduction, which is the more serious offence?

Last month, a man was sentenced to eight months in jail for yawning in a courthouse. If he had taken to politics, amassed enough wealth through legal or illegal means, and become a ruling party MP he would have been able to get away with even criminal offences such as masterminding abductions.

Meanwhile, the Bar Association of Sri Lanka (BASL) has condemned an attack by Kolonnawa Urban Council Chairman Ravindra Udayashantha’s supporters on a group of persons engaged in a peaceful protest against the Meethotamulla garbage dump the other day. When Hambantota Mayor Eraj Fernando, brandishing a small firearm, chased after a group of UNP MPs all hell broke loose with the champions of good governance raking the Rajapaksa government over the coals—and rightly so. (The likes of Fernando were also responsible for bringing down the Rajapaksa government.) But, today, when peaceful protesters are assaulted at the behest of a UC chairman those knights in shining armour bury their heads in sand.

The police who swing into action to arrest schoolchildren over minor offences and lovers on beaches shamelessly waited till the suspect UC chairman surrendered to the police.

The BASL fought quite a battle against the Rajapaksa government and was instrumental in effecting the Jan. 08 regime change. The new administration greatly appreciated its services so much so that its president at that time was rewarded with a plum government job. The BASL should, therefore, go beyond issuing mere media statements and take the bull by the horns. It is duty bound to grant legal aid to the victims of Meethotamulla violence and ensure that justice is done. Floating like a bee and stinging like a butterfly won’t do. Killer hooks like the ones which floored the mighty Rajapaksa government are called for if the incumbent regime is to be tamed for the benefit of the public. Will the BASL rise to the occasion?

It would have been far less demeaning for the police to tell the public the truth about their failure to act impartially and independently as regards the Dematagoda abduction case than to function as a ventriloquist’s dummy in the hands of the powers that be. They ought to admit that they are under tremendous political pressure. Where are those who told us that the establishment of the National Police Commission would enable the police to act independently? Trying to make empty khaki sacks stand upright is an exercise in futility.

Gross injustices and the selective enforcement of the law make us wonder whether the utopia we were promised before the last presidential and parliamentary elections is fast becoming a dystopia like the one we come across in Orwell’s Animal Farm, where crafty pigs proclaim that ‘all animals are equal but some animals are more equal than others’.

Transparency International Silent On Public Interest Questions Related To Award Given To Victor Ivan

January 1, 2016

Despite being an avowed champion of the Right to Information, the Transparency International and its Chairperson have, up to now, failed to respond to several questions put to them by Colombo Telegraph in the public interest relating to the last year’s ‘Integrity Awards’ of Transparency International Sri Lanka.

Ivan

Good governance watchdog Transparency International Sri Lanka (TISL) has given an ‘Integrity Award’ to the chairman of the ‘Ravaya’ newspaper, Victor Ivan, by way of marking the International Anti-Corruption Day.

These questions sent by Colombo Telegraph to Transparency International as on 21st of December are as follows;

To
Lakshan Dias , Board of Directors TISL Find email with recipient
Cc Anushika Amarasinghe , Björn Rohde-Liebenau , Gehan TISL , Jayantha TISL , JC Weliamuna , KW Janaranjana , Rukshana , Sheila Richards TISL , TISL Management , TISL Members , TISL STAFF , Tony TILS , Tonys TISL

Chairperson,

Transparency International Sri Lanka.

Dear Sir,

Colombo Telegraph has reason to investigate the integrity of the decision-making
process relating to this year’s ‘Integrity Awards’ of Transparency International
Sri Lanka (TISL). We therefore kindly request TISL to respond forthwith to the issues
raised below, in the public interest.

Given TISL’s celebration of Victor Ivan’s work in the cause of democracy prior
to 2005, cited as a reason by TISL for the recognition bestowed on him, why has TISL
omitted any reference to Mr Ivan’s conduct and writing during the two presidential
terms of Mahinda Rajapaksa (2005-2010 and 2010-2015)?

Is or is not TISL aware that Mr Ivan defended and wrote in favour of President Rajapaksa
and his brothers, even at a time when journalists and rights activists were
being attacked and were killed during Rajapaksa’s stewardship, all of which constitute
matters that are of public record?

Is or is not the TISL aware that the lives of several rights activists who condemned
the undemocratic actions of the previous regime had come under threat during this
time and moreover that these individuals and their efforts were ridiculed and disparaged
by Mr Ivan?

                         Read More

Dayasiri complains to FCID over match fixing approaches 

2016-01-01
Sports Minister Dayasiri Jayasekara has complained to the FCID that two Sri Lankan support staff had approached cricketers Kusal Janith Perera and Rangana Herath requesting them to fix the Sri Lanka-West Indies test match which was played at Galle in October last year. 

He said that the two cricketers had complained to the International Cricket Council’s (ICC) Anti-Corruption Officers regarding the proposal they had received from the two people who help the cricketers at the nets. 

The minister said one of the two people was a close friend of a leading cricketer in the Sri Lankan national cricket team. 

“We have got information that many of Sri Lankan Cricket support staff has been involved in match fixing for some time now. The two people had requested Kusal and Rangana to fix the SL-Windies test match played at Galle in November. I have directed the police to arrest those involved in this incident,” the minister said. (Yohan Basura) 

JHU Warnasinghe is architect of his own misfortune: loses his ministry post in WPC !

(Lanka-e-News -01.Dec.2016, 10.00AM)  Western provinical council (WPC) member and JHU media spokesman Nishantha Warnasinghe has been divested of his ministry in  the council , and the chief minister of the council Isuru Devapriya has been  appointed to that post. Devapriya took his oaths as the  new minister before the Western province governor K.C. Logeshwaran , at his office yesterday(30). 

It was Nishantha Warnasinghe who was the WPC minister of health, indigenous medicine , social welfare ,probation, child protection service and women’s affairs   . At the Council’s last budget when the voting was carried out on   his ministry’s expenditure allocation , it was defeated by around 40  votes with both  the  UNP and SLFP voting  against it. This is an index that both parties personally opposed  Warnasinghe’s arrogance and actions. 

The post was allocated  to Warnasinghe by the president , and it was with the consent of the UNP. This was because, although  Warnasinghe was appointed to the WPC under the UPFA , he later  sought parliamentary elections under the UNP.

Based on this ,  Warnasinghe ought to have received the votes of both the UPFA and UNP, but because of his high handed actions and bombastic utterances , both the UNP and SLFP personally resented him. One key contributory factor for his downfall was , Warnasinghe issuing applications for low rung posts in hospitals only to the JVP ers , and ignoring the requests made by members of the other parties.

At the WPC members’ meetings , Warnasinghe represented the UPFA ,and at  those meetings he made arrogant  comments that he is not a slave of any party . It is learnt that this led him to his fall from grace   when the vote was taken on  the budget expendure allocations . Although the UNP leader made requests to the other UNP members to extend support to Warnasinghe’s budget expenditure allocation , none of them were present to vote in its favor. 

It is the rule that after the budget expenditure allocation of a  ministry of the PC is defeated ,that minister cannot function any longer in that post. Warnasinghe is the first provincial council minister in Sri Lanka who lost his ministry post  because his  budget expenditure allocation was defeated, and set a record. 

According to PC rules and regulations , if the budget of one ministry is defeated , it is tantamount  to defeat of the  entire PC budget .Therefore a fresh  budget must be  presented and passed . If that does not materialize, from 1st January  2016 , no  disbursements can be made to any Institution coming under that PC .After the chief minster taking over Warnasinghe’s post yesterday , arrangements are  under way to present a new budget and get it passed.

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by     (2016-01-01 04:40:36)

Rising Terrorism in West Asia may reshape Geo-political Landscape!

Thus the present phase of continuing terrorism, particularly by the ISIS, has already caused the large scale migrations from West Asia and Africa into Europe. The ISIS has its hidden agenda of forming a global caliphate with Abu Bakr al-Baghdadi as supreme Caliph which shall reshape the political geography of the region and also impact the nature of politics therein.

by Dr. Sudhanshu Tripathi

( January 1, 2016, New Delhi, Sri Lanka Guardian) As has been seen in the past that terrorism or any kind of uncontrolled violence perpetrated upon innocents for long have always resulted into large scale migrations from their homes to other safer places in the world, thereby affecting geo-politics- a branch of study which deals with relations between geography and politics.

With almost sudden spurt of Islamic State of Iraq and Syria (ISIS) led terror activities particularly in Iraq and Syria in the recent past, though the entire West Asia has become a burning cauldron of terror for the last many decades thereby turning the region into a virtual war zone, a new dimension in the phenomenon of terrorism is being seen in the world where hapless innocents are being butchered or shot dead in their forehead or back, or being burnt alive in a cage, or hanged upside down ultimately for killing and several hitherto unknown inhuman ways and these cruelties are being recorded to make viral on internet so that entire population upon earth may watch to their utter dismay and disgust. Besides causing several adverse indelible impacts upon the normal human psyche, the continuing ghastly massacre by the ISIS in the region has resulted into an uncontrolled mammoth flow of migrants/ refugees from West Asia into Europe thereby raising the issue of geo-politics, a study which deals with relations between geography and politics.

Unlike Al-Qaida, the ISIS has never been a hit-and-run jihadist group as its leader Abu Bakr al- Baghdadi has had his political ambitions very clear since 2013, when he fought for territories in Syria and Iraq and steadily expanded its reach, capitalising on the power vacuum created in these two countries by the wars led and sponsored by the West and their regional allies. The ISIS now controls territories as large as Great Britain and comprising some 10 million people. But of late, under counter-attack from different militia groups such the Peshmerga, Hezbollah and the Kurdistan Workers’ Party (PKK), the ISIS’ expansionary project has come under enormous pressure. Meanwhile, an entire continent has developed a siege mentality and European countries are being compelled to review and change their laissez-faire procedures and security doctrines under the huge pressure of uncontrolled flow of refugees from West Asia and other regions, besides terrorism. Obviously, terrorism or any kind of uncontrolled violence perpetrated upon innocents for long in the past had resulted into large scale displacement of communities all over the world as everybody wants safety and protection of one’s life and person. But that raises many demographic as well as economic and political issues as huge influx of refugees tends to change the composition of existing native population as happened in India’s Pak-occupied Kashmir (POK) in the state of Jammu and Kashmir immediately after independence where thousands of Pakistani tribal population, under instigation of Pakistan’s government, intruded into valley and settled down there and that has fundamentally changed the demographic character of the valley today. The same had also happened in Palestine’s Gaza strip where native Palestinians were uprooted from soil by Israeli army and Jews population were brought to settle down there during long course of past decades in the previous century. Earlier, the long course of second-World War saw the division of Germany into East and West thereby weakening its position as a powerful nation. Even much earlier, the painful Thirty-Years War causing ‘Balkanisation of Europe’ during 17th century brought to close by the famous Peace Treaty of Westphalia of 1648 had traumatised the consolidated power of Europe and that fear again looms large due to continuing civil wars in Syria and Iraq which has now metastasised into Lebanon, Jordon, Turkey and now into Europe. Thus terrorism or war has its marked impact upon geo-politics of a country or a continent.

Thus the present phase of continuing terrorism, particularly by the ISIS, has already caused the large scale migrations from West Asia and Africa into Europe. The ISIS has its hidden agenda of forming a global caliphate with Abu Bakr al-Baghdadi as supreme Caliph which shall reshape the political geography of the region and also impact the nature of politics therein. That will propel a fresh wave of terror in the name of Islam or jihad in the region and also in the world which will adversely impact the on-going course of democratisation and liberalisation of international politics in the present age of globalisation. In fact, mounting terrorism and counter terror operations will result into excessive use of fire weapons, polluting the environment and endangering the human health and settlements. This is exactly going on there. As the entire region is oil and gas rich and the dependence of many of even highly industrialised and advanced countries on these is not going to lessen in near future, the pre-eminence of the region will remain same for their energy security reasons and it will remain a fierce battle-field for all powers of the world, as it continues to be since decades.

As a matter of fact, the on-going wave of terrorism and religious fundamentalism presents many unique challenges before humanity. The absence of a bi-polar world combined with increasing proliferation of weapons of mass destruction has given individual terrorists enormous ability to wreak havoc on an unprecedented scale. The phenomenon of globalization has increasingly tightened the connectivity of nations in the developed regions of the world while at the same time widening the gulf between the developed and the developing nations. This division between the two must be narrowed if the war on terror is to be won and the geo-political status-quo is to be maintained for ensuring permanent peace and security in West Asia and also in the whole world, as nothing is beyond human endeavour.

(Dr. Sudhanshu Tripathi, Associate Professor, Political Science, M. D. P. G. College, Pratapgarh (UP)