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, April 7, 2016

The Cosmetics Of Constitutional Reform


By Surendra Ajit Rupasinghe –April 7, 2016
Surendra Ajit Rupasinghe
Surendra Ajit Rupasinghe
The Political Economy of the Lankan State and the Limits of Democratic Constitutional Reform 
Colombo Telegraph
The constitutional reform process has been placed on top of the national agenda, with much fanfare. This is even as the country is rapidly sinking into an inexorable debt-ridden financial crisis and broad sections that had voted for the Sirisena-Ranil dispensation are questioning the honesty, ability and credibility of the new ‘National-Unity government’. So, what is the urgency for constitutional reform? In my analysis, the current constitutional reform process reflects a desperate measure to further prop up the prevailing centralized, hegemonic-supremacist, unitary Capitalist State. This is in spite of the myriad reforms already, and would be, undertaken, including constitutional, legal, political, electoral and administrative reforms. In fact, these reforms would be designed to further centralize and monopolize State power. For example, the so-called Right to Information Act (RTI) has been designed to constitutionally suppress vital information regarding the economy, foreign relations and trade agreements. So, just shut up and fall in line on CEPA/ETCA! Information pertaining to the defence of the State (From whom?), territorial integrity and national security is also banned. Just think how broad and vague these categories are?
Maithripala Ranil W Piv Via MS's FBNone of these duplicitous reforms shall in any fundamental way, affect the basic character of the Lankan State and Social Formation, which remains founded upon a pathetically dependent semi-feudal/ neo-colonial political economy and social order. This kind of political economy is greased and oiled by financial racketeers, who rake in enormous profits through State patronage, legitimacy and authority. Whoever rules, whoever the personality may be, whatever the regime may be, they must rule over a crony-mafia Capitalist State and Economy which is fatally dependent on circuits of international finance capital for its very survival, for raking in lucrative profits and fat commissions. That is why I say that the Mahinda Rajapaksa Regime was no aberration nor mutation, but a logical evolution and concentration of the Lankan State and the political economy upon which it is erected. It has become a State dominated by a corrupt mafia with finance capitalist tentacles carrying the blood lines of imperialism through the state, the bureaucracy and the economy. Although this type of State suits the needs of the neo-liberal agenda of the imperialist powers, it needs some serious and urgent patching up. Caught up in this swirl of volatile and intensifying contradictions and beset by violent fault-lines, the State needs to be overhauled. This is so that we can move away from the kind of personalized, autocratic class dictatorship of the Rajapaksa triumvirate and dynasty into an internationally acceptable standard ( that is to the US, India and the UN). This reform overhaul is required in order to clean and polish the machinery of the State, both its ideological and repressive apparatuses, and fine-tune the rules of the game, so there would be some degree of predictable stability for the State, the System and the survival of its pathetic and parasitic ruling class. Constitutional reform, elections, referendums are all but means to divide, delude, corral and somehow get the masses to give their spirited mandate for this same ruling class to continue in power, taking their due turn, as the sworn guardians of the defunct, neo-colonial State and Political-Economic Order.

A repeat of last year’s controversy in Central Bank?


Apr 07, 2016
CBSL issue bonds worth Rs 80 billion after calling bids for Rs 40 billion
The Anti-Corruption Front (ACF) has written to the Governor of the Central Bank of Sri Lanka (CBSL) requesting an explanation regarding the issue of treasury bonds worth Rs 80 billion on March 29, 2016.
It was the ACF that first exposed controversial Treasury Bond issue last year, although at that point neither the ACF nor its partners were fully aware of the gravity of the issue. However by now it is obvious that last year’s Treasury Bond issue was one of the biggest financial controversies in recent years. It is not clear that there were any malpractice/manipulation has taken place during March 29 auction, however there are indications that the process (on March 29) has run on parallel lines of last year’s controversial auction. That is the reason why the ACF has written to the Governor of CBSL, President and Finance Minister seeking an explanation of the process, so that there will no longer be room for doubt.
Highly suspicious

Chairman of the ACF, Ven Ulopone Sumangala Thera and Advisor of ACF, Rajith Keerthi Tennakoon quoting data from the CBSL said that the details surrounding the sale are highly suspicious.
“Central Bank of Sri Lanka has issued treasury bonds worth Rs 80 000 million on March 29, although it initially announced that it will issue treasury bonds worth Rs 40 000 million (http://www.cbsl.gov.lk/pics_n_docs/02_prs/_docs/notices/notice_20160324eb.pdf). It is said that the figure was revised due to the high demand. It is suspicious that the CBSL issued twice as much treasury bonds as planned. In addition most of the bonds are those that will mature in 14 years and one month, which places the biggest burden on the CBSL,” said Chairman of the ACF, Ven Ulopone Sumangala Thera.

ACF stated that the bonds were issued via a primary dealer/s, but the identity of the dealers has not been revealed. Given below are the official data issued by the CBSL on the sale of Treasury Bonds.

ACF observations

Writing to the Governor of the Central Bank, President and the Finance Minister, ACF stated that the CBSL should answer the following concerns to ensure transparency of the process and to rebuild people’s faith in the Central Bank.

1.The CBSL announced that it will issue treasury bonds worth Rs 40 000 million
2.However on the auction held on March 29, 2016, the bid was oversubscribed and the CBSL ultimately issued treasury bonds worth Rs 80 000.

3.CBSL issued a press release indicating that it issued bonds worth Rs 28 975 million in the segment of Rs 14 years and one month at a price of Rs 80.52 (at an interest rate of 14.23%). This gives rise to the following questions

3.1 Why did the CBSL which initially wanted to issue bonds worth RS 40 000 million ultimately issue Rs 80 000 million?

3.2 Why did the CBSL issue treasury bonds worth over Rs 28 000 million on the most expensive variety of treasury bonds

3.3 Who were the primary dealers present at the auction on March 29 who bid for the 14 years and one month variety of bonds? The volume of bonds obtained and at what interest?

Meanwhile ACF advisor Rajith Keerthi Tennakoon said that while the at this moment ACF does not directly state that there was a ‘scam’ akin to the one that transpired last year, the circumstances surrounding the March 29, 2016 treasury bond auction raises serious concerns on the transparency of issuing treasury bonds.

“There must be a lot more transparency in the CBSL. The public must be made aware of how and why things happen, especially because of what happened last year. Transparency is the only way to dispel public doubts,” he said.

Attached herewith is the letter ACF sent to Governor of the Central Bank, President and the Finance Minister.

“How Was Arcelor Mittal Awarded 65,000 Housing Project?” Sumanthiran Demands Answers

Colombo Telegraph
April 7, 2016
Member of Parliament of the Tamil National Alliance, M. A. Sumanthiran has requested for information pertaining to the awarding of the contract to Arcelor Mittal owned by Indian steel magnate Lakshmi Mittal, to construct 65,000 houses in the North and East.
M.A. Sumanthiran
M.A. Sumanthiran
In a letter addressed to the Minister of Rehabilitation and Resettlement D. M. Swaminathan on Thursday, Sumanthiram has specifically requested for information including for the actual cost of the proposed construction of houses by Arcelor Mittal, and the comparative costs of construction submitted by the other bidders. He has requested for the information by April 21.
“While acknowledging the dire need for housing in the North and appreciating the willingness of the government to heed to it, I consider it important that such a construction process is undertaken in a transparent manner with the present and future wellbeing of the conflict-affected families in mind. As an elected parliamentary representative of the Jaffna district and on the account of the direct impact of it on members of my constituency, I have been compelled to further examine particulars relating to the aforesaid scheme, in the light of many serious concerns raised relating to the aforesaid scheme,” Sumanthiran said in his letter.
He has requested for information including particulars of the 15 bidders who pre-qualified and their respective submissions in response to the call for expressions of interest (EOI), and the criteria of the subsequently amended EOI, and the particulars of the 8 bidders who submitted the request for proposals (RFP).
Among the other information requested by Sumanthiran from the minister is the RFP criteria for ‘acceptable bid security’ and ‘confirmed comprehensive concessionary financing facility’, the RFP document submitted by ArcelorMittal and the EPI-OCPL Consortium in relation to the total cost of construction, the dates on which the financial bids were opened and the list of parties who were present at that time.

RTI ACT: INFORMATION BAN ON CB, TRADE AGREEMENTS UNACCEPTABLE- JVP

censorship-e1422466340423
Sri Lanka Brief07/04/2016
The Janatha Vimukthi Peramuna (JVP) alleged today, that the Government had restricted peoples’ right to obtain information on certain subjects, including information released by the Central Bank and information related to International Trade Agreements, under the new Right to Information Bill while accepting the access to information as a right.
JVP MP Vijitha Herath said it was mentioned in the Bill that releasing certain information was a punishable offence, which was unacceptable.
“We can accept restrictions in obtaining information related to national security. But people have the right to obtain information related to International Trade Agreements and information of the Central Bank,” he said.
Mr. Herath said people had a right to know information about International Trade Agreements such as ECTA and what impact they could make on the country, people and the future.
He said information released by the Central Bank should be available to people according to world accepted accords and added that even the World Bank had given access to its information through its website.
Mr. Herath said it was a serious matter where it was mentioned in the Bill that providing certain information could subjected to Rs. 5,000 fine or two-year imprisonment.
He said even though ensuring people’s Right To Information was a commendable move by the Government, the matters which hinder the Right To Information, should also be scrapped in the Bill. ( Ajith Siriwardana)
Daily Mirror

SRI LANKA: The beginning of crisis in Sri Lanka – Interview with Basil Fernando - Part 2

AHRC Logo
April 6, 2016
On behalf of the Asian Human Rights Commission, we are sharing with you the second part of the interview, with Basil Fernando, on the origins of the present political crisis, in Sri Lanka which is being traced to the manner in which the developments that took place in 1931 as a result of the recommendations of the Donoughmore Commission which, among other things recommended the granting of adult franchise to the citizens of Sri Lanka, which was still then a colony of the British Empire.

"...The political elites of the time, failed to use the periods between, 1931 to 1948, to prepare the ground for the establishment of Sri Lanka as a sovereign state when the independence was to be declared. The infant state of Sri Lanka, was created on the 4th of February 1948, but the infrastructure or the state apparatus was not developed for Sri Lanka to be able to exercise its sovereignty under viable state institutions operating within a framework of rule of law. The result was the development of a political culture wherein petty interest of individuals and groups flourish while the interest of a people as a whole was completely neglected.

In the second part of the interview the chaotic nature of this new political culture which relies on creating disturbances as the means of achieving any political end is being discussed. As every political faction relied on creating circumstances which made it difficult for any government to function, often governments resorted to declaring of emergencies or the use of anti-terrorism laws. The extreme violence that arose as a result of this, further weakened the state institutions and the rule of law. Violent conflicts such as those led by the JVP, and the LTTE, and ferocious reactions by the ruling governments against such movements made the Sri Lankan state virtually dysfunctional. These aspects are discussed in detail in this second part of the interview. ..."

Rs.30 million for seminar on kidney disease

WEDNESDAY, 06 APRIL 2016
The Ministry of Irrigation and Water Resources Management has got an estimate for Rs. 30,800,000 passed for a conference titled ‘Nation without Poison and Overcome Kidney Disease’ to be held at BMICH today (6th).
Among the expenses quoted are Rs.6 million for food, Rs.8 million for lighting, sounds and backdrops, Rs. 7.5 million for transport of farmers, Rs. 4 million for bags with almanacs and souvenirs.
Speaking regarding this the National Organizer of All Ceylon Farmer s’ Federation Namal Karunaratna said rulers wasting such large sums of money in an environment where kidney patients die due to lack of dialysis machines, other equipment and medicines in hospitals in Anuradhapura and Polonnaruwa districts where kidney disease has spread alarmingly should be condemned.

Private hospitals regulated

Private hospitals regulated

Apr 07, 2016
Health service director general specialist doctor Palitha Mahipala said during a media conference held at the health education office auditorium that the health ministry has decided to regulate the private hospitals.

The objective of this is to regulate and improve the health services conducted at private hospitals.

He revealed that a committee has been formed headed by a senior assistant secretary to check the hospitals.

Meantime rates have been fixed for laboratory checks and these regulations are already implemented for 33 of such tests including CT scan and x-ray.

The health ministry has informed that a doctor should examine a patient minimum for ten minutes in a private hospital.
Dr. Mahipala said a committee has been formed to surreptitiously investigate the irregularities of hospitals.

The conference was held under the leadership of the deputy minister for health Faizal Cassim and the deputy director general (health service 01) Dr. Luxhmi Somathunga, deputy director general (health service 02) Dr. Amal Harsha De Silva, the resident representative of the World Health Organization (WHO) Dr. Jacob Kumareshan and other health ministry officials.
Military security of MR and Gota will be replaced-Hettiarachchi

2016-04-07
Defence Secretary Karunasena Hettiarachchi today said that military personnel deployed for former President Mahinda Rajapaksa and former Defence Secretary Gotabaya Rajapaksa's security would be removed and replaced gradually, as deploying military personnel for VIP security is illegal. 

“Police and Special Task Force personnel, who are responsible for the security of VIPs would be deployed for the security of the former President and former defence secretary gradually,” Mr. Hettiarachchi said. 

He said even military personnel have not been deployed for the security of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe. “But former President Mahinda Rajapaksa soon after the last Presidential election had taken all his military personnel, who were assigned for his security, and it was an illegal act,” he said.

 He said currently, former President Rajapaksa had 103 police officers and 103 military personnel totaling to 206 in his security contingent. Another contingent of 50 police officers have been deployed for him recently in order to remove 50 military officers from the security contingent. But those 50 military officers are still with him bringing the total strength 256. 

Commenting about former defence secretary Gotabaya Rajapaksa’s security, Mr. Hettiarachchi said 50 military officers would be removed soon and STF personnel would replace them. (Indika Hewawitharana)


Top customs official linked to illegally imported vehicles?

logoApril 7, 2016
Despite the undue pressure exerted by a top official in the Department of Sri Lanka Customs, a group of officers have succeeded in uncovering information regarding a stock of vehicles imported to the country while evading taxes. 

The vehicle parts had arrived at the Colombo Harbour inside a 40ft container on the 18th of March, 2016.  

Customs officers yesterday (7) opened the container to examine the contents and found a BMW Z3, Mitsubishi Intercooler Pajero, Isuzu Crane Truck, Komatsu Excavator, Morris Mini Minor and a Honda motorcycle.  

Most of the vehicles had been divided into parts of two or more before being stored inside the container, with the intention of reassembling them after being cleared by customs.

 Customs sources revealed that the contents of the container had been registered as vehicle spare parts with the intention of evading taxes.  

  A retired Additional Director General of Customs has been identified as one of the suspects behind importing the container while a high-ranking official currently serving in the Department had allegedly aided them, sources said.  

A group of customs officers had managed to uncover information regarding the racket after preventing the container from being released by customs and opened it, despite the pressure exerted by the aforementioned official.  

Nihal Sri Ameresekere To Get Rs 200 Million More On Hilton Deal


Colombo Telegraph
April 7, 2016
Being cash strapped and facing a virtually bankrupt economy has not prevented the UNP dominated government from agreeing to pay Rs 300 million to Nihal Sri Ameresekere, who, among many titles, styles himself as a professional consultant.
Nihal Sri Ameresekere
Nihal Sri Ameresekere
This is on top of Rs 100 million already paid to him by the previous Mahinda Rajapaksa government. The fee was in the form of a temporary overdraft from the Bank of Ceylon given to him last year.
A total of Rs 300 million as payment (inclusive or Rs 100 million already extended as ToD) is because Amerasekera claims he together with the Secretary to the Treasury and Attorney General “discovered a fraud in the construction” of the Hilton Hotel in Colombo. He also claims that it was his intervention that led to defaulted interest on Japanese loans and 30 % Loan Capital being written off.
This is not the only reward he has sought from the government. He has insisted that two slots on the Board of Directors of Hotel Developers Ltd, the owning company of Colombo Hilton be reserved for his nominees. When all directors of this company resigned last week, Ameresekere’s daughter and another friend refused to submit their resignation. Not even Prime Minister, Ranil Wickremesinghe’s request to seek their resignation has been successful.
In a letter to Finance Minister Ravi Karunanayake dated March 25, 2016, Ameresekere has said at a meeting with the Minister, Treasury Secretary Dr. R.H.S. Samaratunga and Deputy Treasury Secretary S.R. Attygalle “consensus was reached to formalize the conclusion of the professional compensation payment to us at Rs 300 Mn., as a full and final settlement suggested by the Treasury in December 2014 (which was under the previous government).”

Navy earns Rs.1bn from Avant Garde operations

2016-04-07
The Navy said today that it had earned an income of Rs. 1 billion from the operations of Avant Garde Maritime Services Ltd (AGMSL) during the period from November 13, 2015 to April 06, this year.

 Navy Spokesman Akram Alavi said the Navy had carried out a total of 2,689 moves at Galle harbour and earned an income of Rs. 980 million while Rs. 30 million of income had been earned from 105 moves in Colombo harbour. 

The Government in early November decided to handover the operations of the controversial AGMSL to the Navy. 

Captain Alavi said the revenue earned from these operations is directly deposited in the Consolidated Fund of the Government.(DS)

Barathi Airtel Lanka defaults Sri Lanka Customs over 400 Million

Barathi Airtel Lanka defaults Sri Lanka Customs over 400 Million
Apr 07, 2016
Barathi Airtel Lanka is commenced their commercial operation in Sri Lanka in January 2009 with an investment of over 350 Million US Dollars for Sri Lanka Operations, quickly the company attracted more than 2 Million subscribers across all regions in the country
 
The Lanka News Web reliably learns that telecom giant Airtel has defaulted Sri Lanka Customs for brining equipments for the tune of Rs. 250,000,000/= (Rs. Two hundred and fifty Million) and another Rs. 153,000,000/= (Rs One hundred and fifty three Million) respectively.
 
Barathi Airtel India ranked among the 3 Mobile services provider worldwide and they have over 300 million customers across the world.
 
However it’s shocks to learn how this company defrauded the Customs at this level and we are closely monitoring the developments of this issue and will publish a full report in due course.
 
Barathi Airtel Lanka Limited is located at World Trade Centre, Level 10 West Wing, Colombo 01,the most prestigious International corporate location.
Israel begins work on new section of separation wall

Palestinians fear land grab could lead to expansion of settlements as cranes lift eight-metre blocks into place near Christian town of Beit Jala


A Palestinian boy walks along Israel's controversial separation barrier in the Aida refugee camp situated inside the West Bank town of Bethlehem, on February 12, 2016 (AFP)

AFP-Thursday 7 April 2016

Israel began construction on a new section of its separation barrier in the occupied West Bank on Thursday near a Palestinian Christian town, according to the AFP news agency.
Cranes began lifting eight-metre-high blocks into place near Beit Jala, south of Jerusalem and close to Bethlehem, on Thursday, an AFP photographer said.
Nicola Khamis, mayor of Beit Jala, condemned what he said he saw as a land grab amid fears that the new section would cut Palestinians off from their olive groves.
"This land is for our families, our children," he said by phone from the bridge next to the construction site.
The Israeli army referred questions to the defence ministry, which did not immediately respond, AFP reported.
Residents of Beit Jala fear the construction of the wall may lead to the expansion of the nearby Israeli settlements of Gilo and Har Gilo.
Khamis said they hoped to battle the wall's construction, with emergency strategy meetings planned, but he conceded they had no further appeals within the Israeli legal system.
After a nine-year legal battle, Israel's high court ruled in July 2015 the wall was legitimate, making only small adjustments.
"Without this land all the Christians will leave this country," Khamis said. "It is impossible to build in Beit Jala. We want to widen Beit Jala."
Israel began building the barrier of walls and fences inside the occupied West Bank in 2002 at the height of the second Palestinian intifada, saying it was crucial for security.
The Palestinians see it as a land grab aimed at stealing part of their future state and call it the "apartheid wall".
"It is consistent with the Israeli government’s policy of consolidating apartheid in the West Bank," Xavier Abu Eid, a spokesman for the Palestine Liberation Organisation, said of Thursday's construction.
"It destroys the prospects for Bethlehem to grow".
In a non-binding decision, the International Court of Justice ruled in 2004 that construction of the barrier was illegal. The UN General Assembly has also called for it to be dismantled.

Israel aims to “save souls” by making Palestinians homeless

Palestinians boys sit on the rubble of their family home. It was one of three houses destroyed by Israeli occupation forces in Qabatiya village in the occupied West Bank on 4 April, as part of a policy of punishing relatives of Palestinians accused of attacks.Nedal EshtayahAPA images


Charlotte Silver-7 April 2016

Less than two weeks after Israel’s high court lifted an injunction on punitive house demolitions, Israeli bulldozers arrived in Qabatiya in the occupied West Bank on Monday morning and razed three homes.

The houses belonged to the relatives of the young men accused of an attack at Damascus Gate in occupied East Jerusalem in early February that left an Israeli border police officer dead.

All three youths were shot to death at the scene of the incident.

By the end of Monday, 20 people were left homeless in Qabatiya.

Since last October, not a month has gone by without the Israeli army using Regulation 119, a British Mandate era ruling which says the army can demolish the family home of an alleged Palestinian assailant for deterrent purposes.

In total, 21 homes have been punitively demolished in the occupied West Bank, including East Jerusalem, in the last six months. An additional 36 neighboring apartments and homes have been damaged in the process.

In each case, human rights organization HaMoked has filed a petition on behalf of the family asking Israel’s high court to halt the demolition.

HaMoked argues that the practice constitutes collective punishment and is a violation of international law.

The Fourth Geneva Convention prohibits an occupying power from demolishing property “except where such destruction is rendered absolutely necessary by military operations.”

Until last Thursday, the court had dismissed every petition, upholding its decades-old precedent.

In its decision regarding the homes in Qabatiya, the court’s vice-president, Elyakim Rubinstein, wrote that secret evidence provided by Israel’s security agencies supported the argument that home demolitions serve as a deterrent.

“We do not find pleasure in these cases,” Rubinstein wrote, “but the necessity cannot be denied and amidst our people and its pains we sit, and we must do the best we can to save souls.”

“It should be reiterated and emphasized: the use made by Regulation 119 for the sealing and demolition of perpetrators’ homes is for deterring purposes and not for punitive purposes,” Rubinstein added.

However, home demolitions are never carried out against the relatives of Israeli Jews who perpetrate violence against Palestinians, despite sharp increases in such attacks in recent years.

Punitive home demolitions have been condemned by Amnesty International and Human Rights Watch as collective punishment.

More than a decade ago, a military committee concluded that punitive demolitions achieved the opposite of deterrence, their ostensible aim.

Palestinians targeted by these sorts of revenge demolitions say that they only stiffen their resolve in the face of Israel’s occupation.

Dissenting justice Salim Joubran, the only Arab judge on the Israeli high court, dissented from the latest ruling.

“I was not convinced that the material which was presented to us sufficiently establishes the conclusion that the use of forfeiture and demolition orders creates real and effective deterrence against the execution of attacks,” he wrote.

Joubran is now one of at least four justices who has expressed reservations about the practice in the last six months.

A real shift?

Last week, on 31 March, a three-judge panel granted a family’s petition to halt the demolition of their home ordered after their 21-year-old son Abd al-Aziz Meri was accused of being involved in the slaying of a soldier and a civilian last October.

Judges Menachem Mazuz and Anat Baron argued against the demolition on the basis that Meri’s primary residence was not his parent’s home. He had lived for the last three years in student housing.

But Baron, who is the latest to cast doubt on the practice’s efficacy, based her argument on the fact that occupation authorities did not allege that the family had any knowledge of the planned attack – and therefore could not be accused of “turning a blind eye.”

Haaretz editorial heralded the decision as a “turning point” in the high court limiting the use of a “draconian” policy.

But the same day the court rejected HaMoked’s petition for an expanded panel of six justices to review the practice.

In another case last month, a panel of judges considered a petition against the demolition of the home of a 15-year-old boy accused of carrying out an attack against settlers in the occupied West Bank’s South Hebron Hills, an area of intense Israeli colonization where several Palestinian villages are slated for total destruction by Israel.

In that case, Baron was in favor of the demolition of the family home, arguing that parents should be held responsible for their children’s acts so that they better supervise them.