Alleged war crimes: PM announces probe will be domestic, no foreign judges

Prime Minister Ranil Wickremesinghe meeting senior Army officers to assure them that the alleged war crimes probe will be a domestic process.

Sunday, May 29, 2016

• Decision conveyed to senior Army  officers, details soon, but TNA unhappy Geneva Resolution watered down
• Armed services to return more private lands to civilians, high-powered Office of Missing Persons to be set up
• Government to raise funds through international bonds, under interest-free Islamic banking system

The United National Front Government’s final position on the UN mandated probe on allegations of war crimes in Sri Lanka was spelt out on Thursday by Prime Minister Ranil Wickremesinghe.

He told senior Army officers that the judicial mechanism would be made up entirely of Sri Lankan judges, putting to rest months of speculation if foreign judges were to be part of the tribunal. He met some hundred officers including senior Colonels, Brigadiers and Majors General at ‘Temple Trees,’ the Premier’s official residence. These officers serve in different parts of the country, most in military installations in the North and East.

Alleged War Crimes PM Announces Probe Will Be Domestic, No Foreign Judges by Thavam Ratna

Eastern University students protest against attack on Tamil student

28 May 2016

Tamil students at Eastern University staged a protest yesterday condemning the recent attack on a Tamil university student by Sinhalese students after he posted a picture commemorating the Mullivaikkal massacres on May 18 on a Facebook page.

The protesting students called on the university administration to take action against the perpetrators and to put an end to racially motivated attacks. The incident, which took place earlier this week, has seen no arrests and has seen the university authorities and Sri Lankan state condemned for its inaction and "partisan approach".

As they held placards that read “no tolerance for racism”, “remove racists from the university’ and ‘education or racism?’, the students also alleged that the university administration lack of action.

Though formal complaints have been lodged, university authorities have failed to apprehend or reprimand the Sinhalese students accused of carrying out the attack. One student leader at the protest said that racism against Tamil students has been endemic in the Batticaloa district. Noting the increasing numbers of Sinhalese students who continue to enrol at the university, he said that Tamils continue to face discrimination across the district.

This attack was just one example, he noted.

See our earlier posts:

No arrests over Tamil student attack in East says TNPF (27 May 2016)

Student attacked by Sinhalese for Mullivaikkal remembrance (25 May 2016) 

Navy in Kachchativu Subtle ‘Sinhalization’ move – Sritharan

2016-05-26

Jaffna District Tamil National Alliance Parliamentarian Sivagnanam Sritharan alleged the security forces stationed in the North were the cause of the dominance of a violent culture which had a demoralizing impact on the lives of Tamil youth. He said the presence of the forces in itself triggered conditions for lawlessness in the North.

His statements came in the context of references to a recent spate of killings, burglaries, sword attacks and molestations in the North.

He stressed that southern politicians should abstain from hard-line statements that badly affect the Tamil youth who have been yearning for a change.

The military forces intentionally lead the youth into facets of a culture of violence so that they have not time to devote to Tamil nationalism and Tamil ethnicity, he added.

Commenting on the Navy's attempt to construct a new church in Kachchathivu he alleged the procedures made by the Navy to construct a new church on the island of Kachchativu is an attempt at 'Sinhalization' of the fishing island.

He said that Kachchativu served as a bridge for bilateral relations between Sri Lanka and India. But if a church is to be built here, the people of the two countries should get together and decide on it. That is the appropriate way to strengthen solidarity.

Condemning the Navy for trying to construct a church there, he said that constructing the temple in Kachchativu, which is considered vital to India's security will result in India's security being compromised.

Establishing the Buddha shrines and using the Anuradhapura and Polonnaruwa bricks in the North are attempts to alter the country into an exclusive Sinhala Buddhist state. The attempts to construct the church in Kachchativu too are aimed at wider Sinhalization, he added.

(MT)

De Kretzer & Sansoni On The IATR Conference Incident

By Rajan Hoole –May 27, 2016

Dr. Rajan Hoole

Antecedents Of July 1983 & The Foundations Of Impunity – Part V

It was the main part of Sansoni’s brief to identify the causes of the August 1977 violence and those responsible. This he avoided. In a one page chapter (Chapter IV), he merely observes that he had made his comments in the course of relating incidents. However he provides much valuable information in the course of recording events in Jaffna, while steering away from the obvious conclusions with evident discomfort. We shall go through the facts presented by him (Chapter III, pp. 83-120 of this report) and examine his conclusions.

13th August 1977 (Saturday):

Four police constables, including PC Basnayake, went to the carnival at St. Patrick’s College on the previous night, the night of the 12th. They assaulted and threatened Mr. Kulanayagam who asked for the entrance fee. (We have been told that inside they misbehaved, helping themselves free at food stalls run by women.) Dr. J.P. Philips, one of the carnival organisers, complained to Mr. Gunasekera, HQI Jaffna, on the 13th morning. However, policemen again went to the carnival on the 13th night, and about midnight, there was a clash between the policemen and some visitors. According to Sansoni, two policemen were hospitalised with injuries.

Sansoni rejected the claims of HQI Gunasekera and PC Basnayake that the policemen had gone to the carnival on the 12th night to arrest two men wanted for robbery. He pointed out that no entry had been made in the information book.

Former Chief Justice Milliani Claude Sansoni

14th August 1977:

Mr. Amirthalingam, MP, KKS, and Mr. Yogeswaran, MP, Jaffna, told the Commission that members of the public had complained to them that on this day the Police had been assaulting people on the streets in Jaffna. Sansoni rejected this on the grounds that no witnesses had been produced. Amirthalingam had said in Parliament (18 Aug.1977) that several lorries were stopped by the Police in the morning and the occupants, including the drivers, were assaulted.

On the evening of the same day PC Bandara was shot and injured in the thigh by unknown persons, in the Kopay area. According to Amirthalingam, a police patrol had challenged 3 men, all of whom left their bicycles and ran away after one of them fired at the Police.

Read More

Directives Issued by the Human Rights Commission of Sri Lanka on Arrest and Detention Under the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979.

The Human Rights Commission of Sri Lanka (HRCSL) has issued Directives to be followed by designated officials arresting persons under the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 (PTA). These Directives are being issued to ensure the fundamental rights of persons arrested or detained are respected and protected, and such persons are treated humanely.

The Directives are based on the Directives on Arrest and Detention issued by previous heads of state and binding international human rights law standards.

Download English,  Sinhala,  Tamil

Directives-on-Arrest-Detention-by-HRCSL-E-.pdf by Thavam Ratna

THE GOVERNMENT IS YET TO TAKE HEED THE WARNINGS RE BAD GOVERNANCE ISSUES – CPA

(PM Wickremasinghe: yet to take action)

27/05/2016

Issuing a statement Colombo based think tank Centre for Policy Alternatives says that  it has has previously cautioned the government that unless it demonstrates its previously stated commitment to good governance and declared “zero” tolerance of corruption, the democratic gains of January and August 2015 risk fatal compromise and reforms in general needlessly de-railed and It appears the government is yet to take heed.

Full statement follows:

27 May 2016, Colombo, Sri Lanka: News reports indicate that the former Director General of the Telecommunication Regulatory Commission Anusha Palpita has been appointed as an Additional Secretary of the Home Affairs Ministry. As widely reported, Mr. Palpita is indicted before the High Court of Colombo in terms of the offences against the Public Property act and the Sri Lanka Telecommunications Regulatory Commission (SLTRC) act. He is due to stand trial for allegedly misappropriating Rs 600 million of funds belonging to the SLTRC during 30st October 2014 and the 5th January 2015.

Although Mr. Palpita as any other accused is entitled to the presumption of innocence, this does not justify him being appointed to an important government office. He is not merely being investigated. As noted above, he has been indicted before the High Court by the Attorney General.

The Procedure to be followed when a Court of Law or a Statutory Authority proceeds against a public officer is provided in paragraph 27 of Chapter XLVII of the Establishment Code. As already pointed out by several civil society organisations, Paragraph 27:10 provides that where legal proceedings are taken against a public office for a criminal offence or bribery or corruption the relevant officer should be immediately interdicted by the appropriate authority. It has to be emphasised that several decisions of the Supreme Court and the Court of Appeal have stated that the procedures laid down in the Establishment Code in general and paragraph 27:10 (of Chapter XLVII) in particular are mandatory and cannot be superseded or disregarded without due legal authority.

This decision runs counter to the basic precepts of good governance and the rule of law. It creates the perception that the government is not serious about pursuing investigations into past corruption and is comfortable having individuals accused of large-scale corruption exercising public authority.

Good governance was a key issue in the electoral campaigns of President Maithripala Sirisena and the United National Front for Good Governance. Therefore, it is incumbent upon the government to exhibit the attributes of good governance in all aspects of its conduct. The failure to do so and engaging in ‘business as usual’ will only help promote cynicism within society and strengthen those opposing the reform agenda. CPA has previously cautioned the government that unless it demonstrates its previously stated commitment to good governance and declared “zero” tolerance of corruption, the democratic gains of January and August 2015 risk fatal compromise and reforms in general needlessly de-railed.

It appears the government is yet to take heed.

– CPA STATEMENT ON ANUSHA PALPITA’S APPOINTMENT.

CITIZENS PEACE AWARD TO LATE VEN. MADULUWAWE SOBITHA

May 28, 2016

The National Peace Council of Sri Lanka is awarding its annual Citizens Peace Prize for 2015 posthumously to the Most Venerable Maduluwawe Sobitha Nayake Thero for his fearless approach to minority rights and inter-religious coexistence, and for providing skillful leadership in promoting humane values and democratic governance. 

At the time of passing away he had become a truly spiritual leader, seeking nothing for himself, but seeking everything for the people, irrespective of their ethnicity or religion.

 

The Citizens Peace Award was established in 2010 and is intended to honour and encourage those individuals in civil society who have demonstrated courage and consistency in the protection of and respect for human rights, peaceful settlement of disputes and promoting increased understanding between and among communities.

 

We are gratified that the Ven Sobitha agreed to accept this award during his lifetime.  When members of the National Peace Council met him at the  Naga Vihara temple in Kotte in September 2015, and requested him to accept our award, he said there were others more qualified than he was, but eventually agreed when we said our choice was unanimous.  We even set the date of the award ceremony for November 5, 2016 but by that time he had fallen seriously ill. 

 

The prize will be donated to the Alapathgama Sobitharamaya Buddhist Temple in Alapathagama (Anuradhapura District) which the Ven. Sobitha was dedicated to developing. The presentation will take place in Alapathgama on May 29, 2016 under the patronage of the Athipuja Maduluwawe Sobitha himi Gunanusmarana Padanama at a ceremony presided over by the Speaker of Parliament, Hon Karu Jayasuriya.

 

In making the fifth Citizens Peace Award to the late Ven. Sobitha, we are making a statement of the values that we believe the people of our country also share.  We remember the Ven. Sobitha with affection and gratitude for his courage and foresight in envisioning Sri Lanka as a pluralistic country in which respect for human rights, good governance and democracy are the foremost values.

 

The National Peace Council also wishes to express its gratitude to the National Movement for Social Justice to which the Ven Sobitha gave leadership.  They afforded us the opportunity to make the posthumous presentation of the Citizens Peace Award to the Ven Sobitha possible at this event.  We affirm our commitment to work along with the movement to make the values and concepts of good governance, inter-religious pluralism and human rights reverberate throughout the country and most of all in the hearts and minds of its citizens.  

Sampur Incident and Tensions in Devolution

by Laksiri Fernando

( May 28, 2016, Sydney, Sri Lanka Guardian) There are several issues related to the devolution of power to the provinces lurking behind the Sampur event where the Chief Minister (CM) of the Eastern Province (EP), Nazeer Ahamed, abused and insulted a senior naval officer, Captain I. R. Premaratne, at a school event where small children were present in addition to the US Ambassador. The behaviour typical of many politicians in recent past or even today should be condemned without hesitation.

The CM has apparently regretted his behaviour according to the SLMC leader, Rauff Hakeem (The Island, 26 May 2016), but in any decent democracy this is a matter that any responsible politician or political officeholder should have resigned on. Unfortunately we don’t have that responsible tradition in Sri Lanka. In addition to any ‘disciplinary’ inquiry conducted on the matter by the President or the government, the aggrieved naval officer has every right to claim damages from Nazeer Ahamed, and he may be liable not as the CM but in his personal capacity. Otherwise, the tax payers’ money would be wasted.

Bigger Issues

Having said that, there are two other issues more profound in my opinion than what appears to be the case. First is about the way the CM has apparently been treated at the said event without being invited to the stage by the compere. It is said that it was the Governor who gestured him to come on board and when he was approaching the stage he was stopped by the naval officer probably to give way for the small children. Could it be a mistake or misunderstanding? I really doubt. As The Island editorial (26 May 2016) rightly said, while condemning the behaviour of the CM, “The CM should be treated with due respect and if any official has been remiss in his duties action is called for against him.”

It is said that the event was organized by the Navy to declare open a computer unit and a science lab at the Sampur Mahavidyalayam to the benefit of the students. This is commendable. On the Navy initiative, they were the donations of the David Pieris Group and the incident has happened when some school bags were being distributed to the students on the stage. As the organizers of the event, it may be the prerogative of the Navy to choose the chief guest for the event although they could have invited both the Governor and the CM as chief guests or one as the guest of honour.

Sampur Mahavidyalayam to the best of my knowledge is a provincial school and not a national one, and the CM of the province and his administration have every right to participate and look into the matters of that school or any school under their purview. At least the CM should have been treated at the event with respect. If the present CM is an assertive one unlike the past CMs, it is not a negative attribute per se but rather a positive one except that the assertiveness should have been exercised with sophistication which is a rare commodity among many politicians.  

It is not long time ago (only in March) that the Navy handed over 177 acres of land in the area to the original owners, on which the Sampur Mahavidyalayam was also situated, under President Sirisena’s directives. For that ceremony, the present CM also has participated. Therefore, the CM cannot be an unknown person to the Navy or the Captain. Even last year, 60 acres were released to the original owners on the initiative of the President.   

CM Nazeer at the event in March (blue tie)

Key Questions

Second issue is the following. According to the Navy News (website), the Sri Lanka Tamil Teachers’ Union has also praised the handing over of the ‘Maha Vidyalaya,’ the building renovated and furniture repaired, to the school management. This is again commendable.

However, who is in charge of the school management now? The provincial council, the central government or still the Navy?

These seem to be the crust of the problem where the CM and the Provincial Council were side-lined or neglected by the Navy or the Governor.

It is understandable in a way that the Navy or any section of the armed forces would prefer the Central Government to the Provincial Council/s or a Governor to a CM. There is no doubt that when the Governor is there, he should get priority. But this does not mean that the CM should be side-lined.

In addition, the Navy or the Army should come to terms with the devolved government structures in the provinces particularly in the North and the East where a heavy presence of them is required for security reasons. The relations should be most amicable on both sides. If these matters are not clear to the Navy or the Army, there should be some efforts to make them clear or clearer.  

Some Experiences

I happened to visit the Eastern Provincial Council and Trincomalee in connection with an evaluation project of the Finance Commission and the World Bank in December 2010. That time the CM was Sivanesathurai Santhirakanthan. In addition to what we were investigating, it was my observation that the PC was under resourced particularly in terms of competent officers, knowhow and equipment/facilities except for buildings. Meagre capital and project funding was another issue. The tasks of resurrecting education and schools were enormous. I understand that for 2016, there is an increased capital fund allocation but this is still 1/4 of the recurrent expenditure. The recurrent expenditure mainly means for salaries and day to day expenses.  

Displacement, poverty and housing were major problems affecting the people in the province. It is true that the contribution of the province to the national GDP still lingers around 7 percent as a consequence of the destructive separatist war. But the Eastern Province is traditionally called the country’s ‘Rice Bowl.’ There are many other areas through which the province could contribute to the national economy. But the most important pre-condition before all these is people’s confidence in the administration where their elected representatives are respected and their concerns are taken into proper consideration. This is the value of devolution and provincial councils closer to the people whatever the intermittent weaknesses.

Most important factor in this province is the ethnically mixed character of the population with almost an equal balance between the three major communities of the Tamils, the Muslims and the Sinhalese. In that sense, this province could be a laboratory of ethnic reconciliation if handled properly and with understanding. Otherwise it would be a future hell. This is where the Governor has a major neutral and empathetic role to play in addressing and appeasing various concerns and communities.

To make the long story short, during our visit to Trincomalee, there was a dinner invitation to us from a key naval officer who was a post-graduate student of one of my colleagues. On our way to the cantonment and his official mess that evening, almost near the premises, we were astonished by a small ‘shantytown’ with make shift structures and lingering human souls even at that hour. We stopped and watched. There were similar backyard areas even in the Trincomalee town which disturbed me most but this was different in scale and atmosphere.

In contrast, our friend’s official mess or the surroundings were like going from hell to heaven! We were facing the ocean, the sea breeze stimulating our cheeks and earlobes while we were sipping beer. It was a picturesque atmosphere minutely maintained by the navy soldiers. When we went near the beach, there was an illuminated ship and a building on to the further north. When we inquired, they were part of a navy-run tourist resort.

I did inquire about the ‘shanty town’ from our friend. He frankly admitted that those were the displaced people, mostly fisher folk, because of the land taken for security purposes. He himself was troubled as he himself admitted originating from a ‘poor family’ in the south. Those people were barred from fishing at least in that area. ‘We all are in a vicious cycle’ as he said.

Governor and the CM

There are obvious tensions behind the event between the Governor and the CM, if not at a personal level, in an institutional context. This is the biggest issue. However, what the CM has expressed so far relates to the person in the Governor, not so much of the institution. He has told the Daily Mirror (25 May 2016) that “I know the navy officers are innocent. It was the governor who was at fault.” What he has said about the ‘helicopter ride’ however is almost trivial although it was not at all tactful or diplomatic on the part of the Governor. There are delicate matters to be handled in the relationship between a Governor and a CM, on both sides, in particularly in the East or the North.

But subsequently the CM has expressed broader grievances saying ‘the Governor had shown a lack of respect for him, frequently undermining his authority in the province and interfering in his work.’ This is where some (controversial) constitutional arrangements between the Governor and the CM seem to be at play. This is what I call the ‘tensions in devolution.’ This is particularly true as the devolution of power is instituted in Sri Lanka under a presidential system unlike in India.

Even in India, according David Butler, “Conflicts between State Governors … (who are appointed by the central government) and Chief Ministers are endemic.” This he says in a study on “Surrogate for the Sovereign: Constitutional Heads of State in the Commonwealth” (p. 314). There is a more substantial study by Madhusoodanan Nair titled “Governors and Chief Ministers in Indian States: Conflicts and Relations.”

There may be a different angle to the current conflict, what P. K. Balachandran has highlighted as ‘Muslims Politics’ (“Indian Express,” 27 May 2016). As he says, right or wrong, ‘the Muslims in Lanka have traditionally striven to make use of state power for the benefit of their community and this has led to confrontations with the powers-that-be.’ He also states that the ‘Eastern Tamils charge that Muslim-led administrations have not been giving them their due, and praise the Governor Fernando for standing up for them.’  

All may be misunderstandings, miscommunications or misconceptions (hopefully). However, if there is any perception or doubt to that effect, then that needs to be addressed in a more amicable manner. Cooperative devolution, in its broadest sense of the term, might be the solution. This means not only the Governors and the CMs cooperating, but also the centre and the provinces as well as all political parties representing the people in the provinces cooperating. A committee system of government like introduced under the Donoughmore constitution (1931) or what is largely practiced in Switzerland might be the best.          

Seeing the “Eastern Outburst” on the Sinhala canvas: In defence of Eastern Province Chief Minister

KUSAL PERERA on 05/28/2016

The Navy high Command has taken one step too far, too quick. The Daily Mirror (DM) on 27 May (2016), carried in one of its columns a statement made by the Navy media spokesman, Captain Alavi as saying the Navy Commander had given instructions to all navy officers and camps that Chief Minister of the Eastern Province, Nazeer Ahamed should not be allowed into any naval camp. Captain Alavi is on record saying, “We have also informed all Navy officers to refrain from attending his functions”.

This begs the question, can the navy Commander, or for that matter any commander in the tri-forces take such decisions against an elected official in the capacity of an executive, a Chief Minister of a province, whatever the issue or allegation is? The most appropriate procedure for the Navy to take action seems, the Commander submits a full report on the incident to the Minister of Defence through Secretary, MoD “for necessary action”. The ministry could then request a report from the Governor as well as from the CM before arriving at a decision the Minister feels as necessary. Instead the navy had gone on its own asserting an authority that I tend to think is far beyond theirs. This is a political decision the navy had taken and I personally feel, the navy is now treading on forbidden land. Sadly, the MS-RW government does not have the political authority and the will to tell the navy and the tri-forces that in a post war situation, there is a complaint mechanism and a procedure to be adopted in civil administration that would take care of all such issues and decisions. That the government would ensure justice prevails for all.

The passiveness of the government in managing the battle hardened security forces in post war Sri Lanka, is very much so due to lack of a programme in allowing the tri forces to step back into a normal civil society and also the bias of this political leadership towards the Sinhala constituency. This ineptness in governance was seen in Jaffna when Foreign Minister attended a function on developing a mechanism for the reconciliation process. There in mid-February this year, Minister Samaraweera ran into friction with Major General Chagi Gallage. There was mischief in media interpretations of the incident. Yet it was most silently sorted out, compromised on a transfer arranged for Major General Gallage, one time head of Rajapaksa’s security. This now is the second friction on the high, between the political authority and the tri forces within just 03 months. This verbal altercation unlike that in Jaffna, is now out in public and discussed in the media. Sinhala racism that has lost their glitter on the Colombo roads have crowded in social media, busy giving it a racist burst. Few protests gathered in the East with Buddhist monks crying loud against “a Muslim insulting our Sinhala war heroes”. Certainly an unwanted and an unnecessary prop from hard line Sinhala “patriotism”. A dangerous trend if allowed, especially with President Sirisena led government that is grappling to have the Rajapaksa image copied with maximum accuracy for its ill calculated advantage.

It is therefore necessary to see the Sampur event in context, before pointing fingers at CM Nazeer Ahamed. On record, Governor Austin Fernando does not deny the explanation given by CM Ahamed. CM Ahamed was in Kinniya at another event attended by the US Ambassador Keshap and the Governor. Was not accommodated in the chopper to go to Sampur. Was instead asked to go on road to Sampur till the ambassador and “others” flew to Sampur by chopper. Governor himself “managed” a seat in the chopper that was crowded. CM’s details on the next issue in the school at Sampur also goes without denial. It thus goes to say, the CM of the province had not been given due recognition as the elected head of the provincial administration, at both events. What in fact Governor Fernando has put on record (DM on 27 May) is a long excuse to stress he is not at fault.

His long explanation thus raises more issues than answers. The school, Sampur M.V had been under the Navy. The LLRC recommended and stressed civil administration should be established in the provinces and civil life should be allowed freedom in all aspects of society. That was 04 years and 05 months ago. Yet nothing had changed. In fact the tri forces can even secure funds to improve anything they think they should including school facilities, and they do. The navy had thus secured funds from a private company (Arpico?) to provide the Sampur school with a science and a computer laboratory constructed by the navy.

Education is a wholly devolved subject, Governor Fernando is well aware of. All schools, except those few the Colombo government grabs now and then to call them “National” schools, come under the authority of the PC. No funds therefore should go to any school without the approval of the provincial education administration. But they do go, as the Sampur school event proves and Governor Fernando also knew the navy was in charge of the school and funds were available with the navy, when he settled in Trincomalee as Governor. The Governor certainly has had no issues with security forces getting involved in civil administrative work, as he explains himself. The navy perhaps did not even want any approval or consent from the provincial authorities to undertake the construction work they completed.

In such context, the event owner in this instance was without doubt the navy and obviously the local education officers and school staff has to fall in line. The navy had not thought it important to invite the CM. To indicate he was more thoughtful, Governor Fernando says he invited the CM for the event as he thought it good to also have him. What does all this mean?

Even one year and four months after the “rainbow revolution”, what the LLRC strongly recommended has not been undertaken even by this government in re-establishing civilian administration. Authority of State security forces in civil administration and public life stands firm and both North and East Governors add to it. As with the Northern PC where Governor Cooray trespasses on the provincial council’s mandate to develop its province, in the East Governor Fernando has also allowed the PC to live a marginalised life. He thus sounded a sorry personality when he told DM, “When we reached the venue, we found that the organisers had marked the seats. Accordingly, the Navy commander of the Eastern section sat next to Atul Keshap but the CM claimed that he should have sat there. But I didn’t see anything wrong in the commander sitting next to the ambassador.”

That very clearly spells out Governor Fernando’s perceived position on civil administration and the value he gives provincial rule in relation to the authority of Sate security forces in his province. This perception is well cemented further in his explanation, when he goes on to say the handing over of the school is good for the security forces as there are allegations the army is anti-Tamil and adds, “Therefore, this was a good opportunity for them (the security forces) to show that this allegation was false”. He thus works on the premise there is no problem with the security forces doing public work and is very casual about leaving the civil administration with no clear devolved power.

That being how the Governor of the province consents to security forces being involved in civil duties, the navy was in control of the event from day one and they decided the importance and glamour of all arrangements including seating. For the navy that for a long period during the war was in charge of affairs in East along with other State security forces, provincial councils are not as important as themselves. In fact even the previous Governor for almost 09 years was Rear Admiral (Rtd) Mohan Wijewickrama, one time Chief of Staff of the SL Navy. Therefore from how the navy understands, a civilian Chief Minister is not as important as the Eastern Province Navy Commander to sit next to the US ambassador. The irony is, Governor Fernando, a retired senior civil administrator also think, there is nothing wrong in that.

This conflict in who runs the province and where the CM of the province should stand in the provincial hierarchy, had been dragging on in the Eastern Province, even after Mr. Fernando was appointed Governor. That conflict is yet there even in the North, even after Cooray a politician who boasts he was always for devolution from Vijeya Kumaratunge’s time was appointed Governor. Yet we don’t see such conflicts between Governors and CMs in the other provinces and the question is “Why?”

In the other provinces that are fundamentally Sinhala constituencies, almost always, the Governor is the representative of the President, whose politics don’t contradict that of the CM and his provincial council. The CM and the Governor in fact work in tandem with the Colombo power centre. That is reason why the provincial leaders in the other provinces don’t feel they need better and effective devolved power. And the other important factor is, in these provinces the State security forces have never been involved in running the provinces. They have not been part of or authorities of the provincial administrations. South has not been militarised to the intimidating extent the North and East have been militarised.

With that the Sinhala South wrongly perceives “Devolution” as a political process leading to separation. The South therefore don’t discuss the fact that all outside Colombo have been neglected and denied much needed quality “development” in this Colombo centred “Unitary State”. Rural poverty in Sinhala South have been dragged along this Unitary State for 67 years since independence. They don’t make an effort to understand they too need to assert provincial rule for their own development within better and effectively “devolved” power.

Sinhala Governors appointed to the two Tamil and Muslim dominated provinces don’t think any differently. They don’t have to when the Colombo government that promises “reconciliation” don’t recognise the N & E PCs and it opts to work with TNA parliamentarians on everything provincial. The Governors thus try to maintain a status quo, with a dominant presence of State security forces and Colombo centric power on which they are appointed. This leaves the two provinces denied of political authority to run their own administrations. This status quo is not what the Northern and Eastern people want. They expected civil persons as Governors in their provinces to pave way for a total civil administration. Sadly the two Sinhala Governors don’t act any different to Major General G.A. Chandrasiri in the North and Rear Admiral (Rtd) Mohan Wijewickrama in the East. Nor does the Colombo government that promises “reconciliation” facilitate a change to effective civil administration in North-East.

The recent verbal altercation is thus a reflection of this on-going conflict. It had to surface somewhere some time. It was clearly articulated by the Eastern PC Chief Minister in his explanation. He was honestly clear when he gave vent to his feelings “Nobody gave me due recognition. I have never been insulted like this before.” in the DM.

How the reaction to this continued status quo that leaves the elected provincial council and its CM less important is not the best way it should have been articulated. It should have been taken up the way CM Vigneswaran protested against Governor Cooray. Still a better way would have been to adopt a strongly worded resolution stating the protocols in the PC. I would have therefore appreciated CM Ahamed’s explanation more, had he included in his explanation a decent apology to the Naval officer, who would have also felt insulted before an audience, just the way the CM Ahamed felt humiliated before his own constituency.

Tirade against naval officer in SampurEx-security forces top brass urges CM to tender apology

by Harischandra Gunaratna-May 28, 2016, 10:55 am 

Rear Admiral (Rtd) H.R. Amaraweera yesterday said President Maithripala Sirisena should order Eastern Province Chief Minister Ahamed Nazeer to tender an apology to the Naval officer Captain Ranjith Premaratne for scolding the latter in public.

Amaraweera addressing the media in Battaramulla said, "The Chief Minister's conduct was unbecoming and he behaved like a mental patient.  He had no right to abuse a Naval officer in public and it was the first time that an officer of the security forces had been abused at a public gathering," Rear Adm. (Retd.) Ananda Peiris, the former Director General of the Civil Defence Force said the security forces were not bound to carry out the orders of politicians and they came under the Commander in Chief of the forces who was the head of state.

Asked why the retired top brass of the security forces was now making such a hue and cry when earlier an army major was assaulted by former minister Mervyn Silva's son Malaka and the Mahinda Rajapaksa government hushed it up and they were silent about it, Major (Rtd) Pradeep Undugoda said, "We protest if politicians assault security forces members and such action will not be tolerated.

Do We Really Enjoy Free Education In Sri Lanka ? 

By Sarath Wijesinghe –May 28, 2016

Sarath Wijesinghe

Education is a process by which society deliberately transmits its accumulated knowledge, skills and values to the other generation. Education is a fundamental Right expected to be enjoyed by every citizen guaranteed in the Sri Lankan Constitution and many parts of the world. Absolute freedom of education is not found anywhere in the world including Sri Lanka. Parents give preference and priority to educate their children as an investment and for the future of their children, family, and the country. Education process in Sri Lanka is aimed and geared at the University education which is a process inherited from the colonial past, replacing the traditional “Pirivana” Education with a history of 2300 years. University Education in many countries has transformed to be the Centre of Excellence in the Nation linking education, employment generation, and development in all sectors. Privinana” education was linked to culture with international links with the Buddhist world, primarily around the village. There were world renewed Universities in India and Sri Lanka thousands of years ago with links with Educational Institutions in Far East and West. Current Education system consists of primary, secondary, tertiary, University, Private, and Fee Levying, education channels including private universities.

Unfortunately the Education system is not given due place in Si Lanka, despite our nation being a country of Agriculture and Technology requires technology and technical education for the prosperity and development. World has changed and fast changing in the education sector except Sri Lanka, still holding on to the colonial traditions and practices. Underemployment and unemployment is rising drastically – especially among the young and the village expecting white collar jobs in the public sector in any capacity to work less and seek more privileges with future/job security, While 10% of the population consist of lazy and inefficient government servants demanding more and more perks and enhanced salaries. Graduate youth including monks demand teaching appointments or any other jobs in the government sector. Arts graduates are in a miserable situation without competency of a foreign language/English and Information Technology which is a passport for employment in the private sector. Sri Lankan Gradates in universities are of the view that it is the duty of the Government to provide them with employment, which never happens anywhere in the world. Students are given free education from the kindergarten and it is their responsibility to find employment or transforms to be independent entrepreneurs, innovators or engaged in business and trade. Recent trend of parents with some means is to educate children in mushroom private schools spared countrywide with no standards and supervision from the Ministry of Education.

Read More

Noah’s Albatross and Postdiluvian Politics

APRÈS MOI, LE DÉLUGE! In the aftermath of the Great Flood of 2016, if Sri Lanka is to Build Back Better, the political leadership must be instrumental in syncing Government actors and State agencies in working together with greater integrity and cohesion to more comprehensively insure people potentially affected by hazards from becoming victims of happenstance in times of disaster

Friday, 27 May 2016

You might be sick at heart by now of hearing news regarding Sri Lanka’s recent deluge woes. But there are a few comments left to be made and a handful of suggestions to be acted upon in earnest to leave it there in silence unsaid. For there is a tide in the affairs of men (and women and children), which, taken at the flood, leads on to fame, to fortune-hunting, and filibustering of the most deplorable kind…

Fame

The first, for once, for a welcome change, is a positive spin that can be rightly placed on the people of our country in response to national tragedy. Once before, in recent memory, islanders from every walk of life rallied round to lend more than the proverbial helping hand when the Indian Ocean tsunami of 2004 ravaged our shores. Years later, nothing much has changed as regards the incredible generosity and good-natured willingness and ability of Sri Lankans to wade into troubled waters with their arms laden with goods and good-natured succour. So move over – Ceylon tea, Sri Lankan cricket, and sundry attributes that foreign folks have characterised as our essence; it is our sense of exceeding, abundant, charity that has come to be our epitome – and, if disaster continues upon disaster, our epitaph. 

Fortune-hunting

This is not to say that the aftermath of the flood has been all sunshine stories. A cloud of concern has been cast over the actions of at least two sub-demographics and their response to the plight of fellow human beings in dire straits. One is the parasitic life on the seedy underbelly of urban and suburban culture, which creeps and crawls out of its slimy places of concealment along canal-banks and in shanty-towns, to exploit the good-natured generosity of donors as much as the naïveté of afflicted recipients of contributions in cash and kind. These criminal elements hovered on the fringes of the tsunami aid and rescue operations. They are still alive and well as much as slimy slugs can be said to be alive and well, seeking sordid nourishment from the scrapings off charity’s weeping table.

The other is an equally unscrupulous – if not more dastardly – element in Sri Lanka’s political subculture which feeds off the tears and sorrow of flood-wounded folks whom they were elected to serve. A case in point – the splashing of a rising young star’s mug across sacks of aid and assistance to the affected – almost defies reporting with a straight face… except to say that the sun has as good as set on some aspiring politicos’ meteoric (meteorological) careers – shame! 

Filibustering

The political response to the overflow of misery, as perhaps was to be expected, has been the most egregiously unsympathetic. On the one hand, president and prime minister and parliamentarians alike have been out there amidst the still raging tidewaters where stranded flood victims were trapped as late as early this week… and, for sure, happy to be captured for posterity lending their electorate a sturdy shoulder to sob on for the benefit of photo-opportunists and political-opportunism. On the other, sterling statesmen have (even in jest) made political capital out of the situation, suggesting to august assemblies (which might have grown in character had THEY been flooded out) that it was the Joint Opposition’s erstwhile dashing of coconuts that caused the cyclone in the first instance!

See more>>>

GSP Concessions and Progress on Human Rights

In law there are hierarchies. Holding timely elections in a democracy is of higher importance than the right to  appeal electoral boundaries – much like a policeman’s right to leave with pay not ever abridging that policeman’s duty to defend the right to life of citizens in danger.

by Prof. R. Sivachandran

( May 29, 2016, Colombo, Sri Lanka Guardian) The restoration of GSP+ concessions by the EU is on the cards and some EU governments are having a discussion with civil society in Jaffna on 1 June, 2016 to see what we feel about it and whether the government has made sufficient progress in human rights to justify the restoration.

Coincidentally, June 1 is also Voters’ Day and the Election Commission is preparing the public through a march through Jaffna and street dramas to emphasize the theme “You do not Register, You cannot Vote.”Chinthanaikoodam, a Jaffna-based think-tank that I chair, has held multiple seminars to educate the public on the importance of voter registration. We will join the Commission in its registration drive on June 1. Registration also enhances representative government, preventing the number of Jaffna MPs, once at 11, from dropping from its present seven to six. We will emphasize that registering also has other advantages like preferential school admission.

By our endeavours helping the Election Commission we see ourselves as fulfilling the goals of Article 25 of the International Covenant on Civil and Political Rights (CPR) which reads:

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

This raises a question with regard to our overdue local government elections. Why register to vote when there are no elections to vote at? Laudable though the voter registration drive might be, it also exposes two weaknesses in our democracy. Where are our periodic elections? When the CPR gives this right to vote to every citizen, we have lakhs of Tamil refugee citizens who are not allowed to vote. This denies them the right to choose their representatives as promised in the CPR.

Article 25 of our Local Authorities Elections Ordinance demands that elections be held within the six months preceding the date of a new Council assuming office – meaning within the last six months of the expiry of a local body. However, there have been no elections long after these bodies expired. Tamil bodies (e.g., Jaffna, Vavuniya, Mullaitivu, Batticaloa) have been dead much longer from the time the Joint Opposition was in power but Supreme Court petitions from the Joint opposition to hold elections have become a torrent only after the bodies in Sinhalese areas expired. These demonstrate the continuing parlous state of Tamil rights.

It is argued that no elections can be held as required in law because, one, the relevant laws in Sinhalese use the wrong word for ward so one cannot elect persons to an undefined ward; and, two, the delimitation work is not over because the public needs to be given time according to the law to object to the boundaries. The reasons given are palpably self-serving. If the law does not properly define ward, it is within the government’s power to pass the required legislation quickly. As to delimitation, no one ever intended to give the Minister of Local Government the power to postpone elections indefinitely by giving long extensions to file appeals. The fact is, however, that we already have a valid (even if flawed) old delimitation, and elections have to be held under that as required by the Local government Act.

In law there are hierarchies. Holding timely elections in a democracy is of higher importance than the right to  appeal electoral boundaries – much like a policeman’s right to leave with pay not ever abridging that policeman’s duty to defend the right to life of citizens in danger. To argue for the lawful right to leave for the policeman when a right to life is under threat and has to be defended, is like the tail wagging the dog. The right to appeal boundaries is the tail wagging the dog that is the much higher principle of having representative government.

The delay in holding elections and the denial of franchise to many citizens abroad show lack of commitment to democracy. It never bothered anyone for years when Tamils in Jaffna, Batticaloa, etc. had no representation; or that Tamil refugees could not vote. Now suddenly the joint opposition has discovered democracy and wants local government elections. They are asking for the right thing for the wrong reasons.

Our experience is that the government forcefully acts for Sinhalese interests; but for Tamil interests only under pressure. The withdrawal of GSP+ privileges worked. The threat at UNHRC worked in getting the government to agree to international judges in war crime tribunals. But now that, after regime change the US has openly said that it would support this government, the government, newly infused with confidence, appears to be going back on its word. The President would rather not punish the bombing and disappearances of Tamil civilians than even find out in a fair trial whether Sinhalese troops murdered Tamil civilians.

We appear to have been fooled by a government which, it is now apparent, saw its 100 point program as a means of coming to power rather than a platform of solid principles. Qualified Tamils returning after displacement have not been restored as promised but rogues who have been charged with large scale embezzlement have been appointed to high office at Secretary level. Ministers who made millions are back as ministers. In Jaffna, the old power structure continues with the same old people in charge.

A seeming achievement in the appointment of nine independent Commissions is an illusion, a farce. The Commissions are poorly thought through. Their members were appointed in November without a word on their remuneration. The Constitutional Council (CC), after the Commissions were appointed, recommended the same monthly salary for all Commissions (Rs. 150,000 for chairmen and Rs. 100,000 for members), although some have a lot more work and many more meetings. Whether living in Colombo or far off places, the recommendation was Rs. 25,000 a month for travel, which necessitates outstation members free-loading on relations. Yet, the President thought all this was too much making Commissioners unsure of whether they would be paid at all. The cabinet after much delay approved the CC recommendation. Now the Salaries Commission which sets salaries only to public servants and has no authority over Commissioners, has slashed the cabinet recommendation and made significantly lower recommendations. One wonders how the President’s and Ministers’ advisers are paid a lot more while the Peoples Bank Chairman gets Rs. 500,000 a month. In the meantime, the Commissioners have not been paid (except for those on pre-existing commissions like the Human Rights Commission who are paid their old salaries). Persons on Commissions like the Audit Commission, the Finance Commission and the Procurement Commission that have hardly met will get the same salary backdated when it is approved, whenever that is and a travel allowance without meetings. The new Delimitation Commission meets in the home of its worthy woman member, Dr. Anila Dias Bandaranayake, who serves lunch and tea at meetings.

Was the government ever serious about making the Commissions independent? In asking eminent persons to work for over 6 months without knowing the terms on which they work? No Commission waiting for the government to set its salary and begging for travel reimbursement and tea at meetings is worthy of the adjective “Independent.” I take that to be deliberate.

The government does have some achievements like unrestricted travel anywhere in Sri Lanka and the removal of the trappings of a police state that we were under. The removal of the military governor for the North is another achievement. Some lands taken over by the forces have been returned. These seem to be the only positive changes of note. But we voted for a lot more. There is much more to be done to make us fully proud to be Sri Lankans.

I am a proud Sri Lankan and I want Sri Lanka to do well – for our fishermen to sell more of their fish and for our textile manufacturers to sell more clothes in Europe. However, also as a Sri Lankan, I want Sri Lanka to be a lovable country where we all live as equal brothers and sisters. For that, the GSP+ pressure is necessary.

Prof. R. Sivachandran was Dean of the Faculty of Arts at University of Jaffna before his retirement