Brexit – A One-Night Stand In Political Decision Making?

By Chandre Dharmawardana –June 25, 2016

Prof. Chandre Dharmawardana

Brixit – a one-night stand in political decision making? Complex political questions cannot be solved using referenda

The Brexit vote once again demonstrates the well understood but rarely acknowledged fact that referenda do NOT constitute a valid instrument of democracy when it comes to resolving complex questions. Most countries end up deeply divided, as also happened in Canadian French Separatist referenda. There was potential for great anguish and violence, but fortunately this was avoided due to the leadership of French-Canadian politicians like Pierre Trudeau and Jean Chretian who firmly backed unity. Their politics should be contrasted with the “state-terror” approach of the 1977-1983 period in Sri Lanka.

Many countries do not rely on a blunt instrument like a referendum, but require a 2/3 majority in a parliament for taking such major steps. A Referendum is good for making decisions about some local project, e.g., where to put a school, or a traffic light. Only simple considerations are needed in evaluating such questions. But when big questions that defy professionals are asked from a divided nation, the referendum leaves them equally divided and much more alienated from one another than before the referendum.

The British participation in the Common Market was initiated during the time of Primer Edward Heath. The British-EU link was some 40 years old when David Cameron came on the scene. During that time the other partners and Britain had devoted major amounts of their energy and capital to accommodate Britain by the EU, and EU by Britain. Millions of jobs depended on this union. So, being able to just leave the union by a unilateral act is NOT democratic. Worse than that, such acts can trigger global instabilities, putting millions of innocent people out of jobs, and also stopping humanitarian aid to refugees running away from war-torn countries because the world economy itself begins to flounder. The cataclysmic Brixit has occurred just when the Western world is struggling with its own socio-economic problems arising from the impossible aspirations of some seven billion people inhabiting the Earth, aspiring to live like what they see on television.

Most people decide on how to cast their vote on a very limited “personal experience” view of the matter. Very few people can evaluate a 40-year political and economic process which even experts don’t understand. We go by our “gut reaction” even though we know the ‘shit’ in our gut. A fisherman may not be happy with his quota for fishing, because, say, the EU has ruled that cod stocks are dwindling, limiting cod fishing. Or they will grumble that the Spanish, defeated by Nelson are getting “more than their traditional share”! UK professionals who felt that “immigrants” from the EU are lowering their status in society simply voted for Brixit! It is such narrow reasons that guide individual voters.

The foolish, arrogant politician that Cameron is, he never believed that his brinkmanship will backfire and lead to not only Britain splitting off from the EU, but also UK splitting off into independent Scotland and Ireland. The Union Jack itself will have to change into just the English flag, ending several centuries of union in the madness of an early-summer “one-night stand”. There was NO need what so ever to call for this referendum. But Cameron thought he could bully the Brixit members in his own party by engaging in brinkmanship. He should have asked how many referenda had been held in England since the Magna Carta?

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வெள்ளை வான் கடத்தல்களை அம்பலப்படுத்திய கடற்படை அதிகாரி பதவியிறக்கம்!

 26-Jun2016

கடற்படையினரின் வெள்ளை வான் கடத்தல்கள் தொடர்பான தகவல்களை அம்பலப்படுத்திய, கடற்படையின் முன்னாள் புலனாய்வு அதிகாரியான கொமாண்டர் கே.சி.வெலகெதர, பதவியிறக்கம் செய்யப்பட்டுள்ளார்.

 கடற்படைத் தளபதி வைஸ் அட்மிரல் ரவீந்திர விஜேகுணவர்த்தனவினால் நியமிக்கப்பட்ட இராணுவ நீதிமன்றத்தினால், குற்றவாளியாக காணப்பட்டதையடுத்தே, கொமாண்டர் கே.சி.வெலகெதர பதவியிறக்கப்பட்டுள்ளார்.

கடற்படைத் தலைமையகத்துக்கு தகவல் தெரிவிக்காமல் வெளிநாடு சென்றார், கடற்படையை இழிவுபடுத்தினார் என்ற குற்றச்சாட்டுகள் தொடர்பாக, இவர் மீது இராணுவ நீதிமன்ற விசாரணை நடத்தப்பட்டது.

கடந்த மார்ச் 21 ஆம் நாள் தொடக்கம், ஏப்ரல் 13ஆம் நாள் வரை, அனுமதியின்றி விடுமுறையில் இருந்தார் என்பதாலும் இந்தக் காலப்பகுதியில் கடற்படைத் தலைமையகத்துக்குத் தெரியப்படுத்தாமல் வெளிநாடு சென்றார் என்பதாலும், இராணுவ நீதிமன்றம், கொமாண்டர் கே.சி.வெலகெதவின் மூப்புவரிசையை நான்கு ஆண்டுகளால் குறைத்து, கப்டனாகப் பதவியிறக்கம் செய்துள்ளது.

 இராணுவப் பேச்சாளர் பிரிகேடியர் ஜெயநாத் ஜெயவீர இதனை உறுதிப்படுத்தியுள்ளார்.

கொமாண்டர் வெலகெதர,  கடற்படையின் புலனாய்வு அதிகாரியாகப் பணியாற்றியவர். திருகோணமலையில் இருந்த கடற்படை சித்திரவதை முகாமுக்குப் பொறுப்பாக இருந்த அவர், அவுஸ்ரேலியாவுக்கு ஆட்களைக் கடத்தும் குழுவினருடன் தொடர்பில் இருந்தவர்.

முன்னைய ஆட்சிக்காலத்தில் நடந்த வெள்ளை வான் கடத்தல்கள்  மற்றும் சட்டவிரோத ஆட்கடத்தல்கள் பற்றிய  தகவல்களை அவர் தற்போதைய அரசாங்கத்தின் விசாரணைகளில் ஒப்புக்கொண்டிருந்தார்.

இவர் மீது இராணுவ நீதிமன்றம் நடவடிக்கை எடுத்திருப்பது குறித்து  அமைச்சரவைப் பேச்சாளர் ராஜித சேனாரத்ன கவலை வெளியிட்டுள்ளார்.

தம்மை நம்பி, தகவல்களை வெளியிட்ட கொமாண்டர் வெலகெதரவுக்கு ஏற்பட்டுள்ள நிலை கவலையளிப்பதாக உள்ளது என்று அவர் குறிப்பிட்டுள்ளார்.

JVP members ready to quit COPE at anytime: Anura

2016-06-25


Janatha Vimukthi Peramuna (JVP) leader and Chief opposition whip Anura Kumara Dissanayke told Parliament yesterday that JVP members representing the Committee on Public Enterprises (COPE) are ready to resign from it if anyone thinks the stand taken by his party on certain issues affect the investigations carried out by the said committee.

 Mr Dissanayake was responding to a statement made by Leader of the House Lakshman Kiriella that COPE members should not divulge information on its investigations . “Is it correct to talk about investigations on COPE in Parliament and to divulge information by holding media conferences" he questioned.

 Mr Dissanayake said members of JVP were ready to resign if any one thought they could influence investigations. "We can resign at any time if anyone says JVP members are influencing investigations" he said. (Yohan Perera) 

Violent attack against journalist, Freddy Gamage

Jun 23, 2016

Freddy Gamage, a journalist with whom the Sri Lanka Campaign has worked closely over the past 4-5 years, has been violently attacked. He remains at risk.
Freddy, a web journalist and convener of the Professional Web Journalists Association, has played a key role in exposing corruption in connection to Deputy Minister Nimal Lanza and his relatives, who have alleged links to the organised crime in Negombo.

Nimal Lanza’s brother Dayan, the Deputy Mayor of Negombo, appears to be linked to the attack. Shortly beforehand, Dayan Lanza had warned Freddy that god will punish him for his comments about the family, and mobile phone records suggest the primary suspect called Dayan 16 times on the day of the attack. Further, the police discovered that the father of Dayan and Nimal Lanza hosted a party for several police officers the night before the attack.

The attack occurred on 2 June in broad daylight. In his account of events, Freddy explained that he walked towards his car at around 12.15pm, after covering the Negombo Municipal Council’s monthly meeting, when he saw two people in full face helmets and raincoats on a bike without number plate.
One of them jumped towards him and assaulted him with a wooden pole, hitting him on the head. As he started running, one of the attackers kept shouting to the other “hit the fellow”. Freddy escaped and was hospitalised for his head injuries.

Two of his attackers were arrested within 48 hrs and police called an identification parade, which took place on 21 June. After the parade, one of the main suspects made a threatening remark to Freddy, saying “let’s meet”, as he made his way to the court. The next court hearing will be held on 28 June.
Prime Minister Ranil Wickremesinghe promised an “immediate investigation.” But this attack is part of a broader pattern.  Sri Lanka has a torrid record when it comes to protecting journalists and while harassment of journalists has reduced, it has not stopped entirely: Uthayan newspaper and its journalists continue to report harassment and in January an exiled Tamil journalist was arrested upon his return to the country.

Worse still is the chilling effect on media freedom engendered by Sri Lanka’s culture of impunity – the very same culture of impunity which no doubt reassured and emboldened Freddy’s attackers. As a consequence of the large number of journalists and media workers that have been murdered by perpetrators who have still not been brought to justice (43 in a 6 year period according to JDS), Sri Lanka is still number 6 in the world on the Committee to Protect Journalist’s ‘impunity index’. High profile investigations into some disappearances and murders, such as those of Prageeth Eknaligoda and Lasantha Wickramatunge, have commenced but have been beset by delays. The overwhelming majority of attacks remain completely uninvestigated

Those who attacked Freddy Gamage may now face justice, but if those who orchestrated his attack do not, then it will confirm many journalists’ suspicions that Sri Lanka’s culture of impunity remains intact.

Click here to join Frontline’s action on Freddy’s behalf.

Lankan Tamil Press Loses Faith In UNHRC's Commitment to Rendering Justice

Samantha Power, US envoy to UN, visits office of Uthayan daily in Jaffna. (EPS)

By P.K.Balachandran- 25th June 2016

COLOMBO: The Tamil press in Sri Lanka, which was very hopeful that the UN Human Rights Council (UNHRC) would render justice to Tamil victims of Eelam War IV, has now lost faith in the international body’s commitment to the goals it had set for itself in the resolution it passed in  September-October 2015.        

Despite strong and continued interest in securing international support for the Lankan Tamil cause,  the Tamil press showed “little optimism” that the on-going 32nd session of the UNHRC will yield tangible positive outcomes, says Verite Research in its bulletin on local media coverage of prominent Lankan issues in the past week.

“Low expectations were also reflected in Tamil press attitudes towards the government. While noting some positive changes overall, the press sentiment reflected discontent at the pace and extent of the changes, with many Tamil newspapers viewing the government’s efforts as an eyewash to please the international community,” the Colombo-based research organization said.

“This is in keeping with past trends where acts such as singing the national anthem in Tamil were viewed as mere symbolic acts of reconciliation on the part of the government,” it noted.

Dim View Of Govt 

The Tamil press had a dim of the achievements in reconciliation trumpeted by the government.

“The Tamil press repeatedly censures the government for inaction in relation to matters such as not returning the lands held by the armed forces to their rightful owners; not addressing the issue of Tamil political prisoners; and not repealing the Prevention of Terrorism Act (PTA). The Tamil press fees that truth, justice and accountability should be highlighted as matters that should be prioritized even before the other issues such as the release of land are addressed,” Verite Research observed.

TNA Criticized

The Colombo and Jaffna-based Thinakkural extended the criticism of the government and the international community to the premier Tamil party, the Tamil National Alliance (TNA).

“The TNA was portrayed as not sufficiently campaigning for the rights of the Tamil community. The TNA’s seemingly closer ties with the government were viewed as an act staged by the TNA in order to please the international community,” the report said.

Finally, Verite Research observed that the overall Tamil press coverage on the UNHRC demonstrated a “significant shift” in its attitude towards the international community. This shift is attributed to the delays in establishing a war crimes investigation mechanism and the failure of the international community to push for such a mechanism.

According to the Tamil press, it is “foolish” to trust the international community because its  concerns are “agenda driven.”  This stands in sharp contrast to the view held during the regime of Mahinda Rajapaksa when  the international community was regarded as a “champion” of the Tamil cause.

Looking at the Sinhala press, Verite Research observed that the “Sinhalese nationalist press” seemed unaware of the change of sentiment on the part of the Tamil press in relation to the UNHRC.

“While the Sinhala press in general did not focus much on the UNHRC session, the Sinhala nationalist press accused ‘Tamil separatists’ of canvassing support against  Sri Lanka at the UNHRC,” the report said.

Indeed, some Tamil politicians, including the high profile TNA MP, M.A.Sumanthiran, had gone abroad to press the US to see that the Lankan government implements “to the letter” the UNHRC resolution sponsored jointly by the US, Lanka and other countries in September-October 2015.

MUSLIM COUNCIL OF SL IS SHOCKED & DISMAYED AT MINISTER RANAWAKA’S DIATRIBE AGAINST THE MUSLIMS

( Ranawaka and Rajapaksa shared anti- minority Sinhala majoritarianism for a long time)

26/06/2016

In a letter to Minister of Technology & Research Patali Champika Ranawaka the Muslim Council of Sri Lanka is shocked and dismayed at your verbal diatribe against the Muslim religious, civil society and political leadership on mainstream and social media. We have restrained ourselves from commenting on the relentless allegations you have been hurling against the Muslims due to the positive interaction we have had with you and the Jathika Hela Urumaya. Your continued polemic on Muslims compels us to respond.

” You state that the Muslims are buying land and property in cities. We wish to state that any citizen of this country could do so through legal means.It is regrettable that a senior politician of your caliber has picked up the hate campaign from the bloodied hands of the Bodu Bala Sena’s Venerable Galabode Aththe Gnansara Thero. Your total misinformation campaign amounts to hate speech targeting the Muslim community, and it can have dangerous repercussions which can lead to a build up of hate and mistrust within the majority community, resulting in discrimination and violence, ” the letter says .

The letter provides instances and evidence of Minister Ranawaka’s  anti-Muslim attitudes in including hate speech. It is letter has been sent on 27th June just two days before Rights Commissioner Zeid Al Hussein scheduled to  submit his oral report on Sri Lanka to the on going 32 session of the UNHRC.

The letter follows:

Letter to Minister of Technology & Research Patali Champika Ranawaka

June 27th 2014

Hon. Patali Champika Ranawaka,

Minister of Technology & Research, No.408, Galle Road,
Colombo 03,
Sri Lanka.

Honorable Sir,

The Muslim Council of Sri Lanka is shocked and dismayed at your verbal diatribe against the Muslim religious, civil society and political leadership on mainstream and social media. We have restrained ourselves from commenting on the relentless allegations you have been hurling against the Muslims due to the positive interaction we have had with you and the Jathika Hela Urumaya. Your continued polemic on Muslims compels us to respond.

1. In one of your speeches on video on the Aluthgama violence, you claim that the Venerable monk (whose driver and a Muslim got involved in a brawl over a traffic incident) was beaten on the head with a large pole. The monk appears everywhere with no sign of any injury on his head or any other part of his body, with not even a plaster. We would like to remind you, he appears two days after the supposed attack on the monk with ‘a huge pole’. If the monk was attacked as you claim, we would be grateful if you can share the JMO’s report with us.

2. You allege that there was a mob of 3000 Muslims armed, and waiting to unleash violence on Sinhalese on the 15th of June in Aluthgama. This is a direct accusation that you are making as a member of the Cabinet, on the Police and the security forces that they have failed in their duty. This calls for an impartial investigation. We are also in possession of video evidence to the contrary , and would be please to share with if required.

3. You do not unequivocally condemn the violence by all parties on that day, which can amount to tacitly condoning the violence unleashed, and your silence as a Minister in Government in not calling for an impartial enquiry where all perpetrators are brought before the law is disappointing to all law abiding citizens of this country.

4. You allege that there are many ‘extremist’, ‘fundamentalist’ and ‘jihadist’ Muslim groups in Sri Lanka, illegally funded by foreign forces. This is a serious indictment on our State’s intelligence apparatus. This immediately calls for investigation by the State, where all such groups of any religious or political ideology, if they exist, should be thoroughly investigated, and the rule of law is upheld; we also call upon you to furnish any evidence you possess to the Authorities to carry out investigations.

5. You imply that the All Ceylon Jamiyathul Ulema (ACJU) is an organization that is funded by the Wahabi movement. We wish to state that it is transparent in all its functions, and open for scrutiny by any state institution that wishes to investigate it. We wish to place on record that the Muslim community in Sri Lanka considers the ACJU as a body of religious leaders to guide the community on religious and social matters; the Muslim community considers it their right, as citizens of this country, to be led by this institution just as other communities are led by their religious leaders.

6. You insinuate that Muslim organizations, particularly naming the Muslim Council of Sri Lanka (MCSL) and the Shoora Council, as detrimental to the well being of our country. We wish to reiterate that the activities of these organizations are transparent and open for engagement with anyone who wishes to learn more of them.

7. You also continue to say that the members of these organizations do not function as Sri Lankans, but as Muslims. We wish to emphasize that the members of the Muslim community, including the members of these organizations, love our country, Sri Lanka, and are patriotic as any other citizen. It is unfair of you, Sir, to insinuate that we are not.

8. You state that the Muslims are buying land and property in cities. We wish to state that any citizen of this country could do so through legal means.It is regrettable that a senior politician of your caliber has picked up the hate campaign from the bloodied hands of the Bodu Bala Sena’s Venerable Galabode Aththe Gnansara Thero. Your total misinformation campaign amounts to hate speech targeting the Muslim community, and it can have dangerous repercussions which can lead to a build up of hate and mistrust within the majority community, resulting in discrimination and violence.

We would be most grateful if you would refrain from this hate campaign and dialogue with us on any issues of concern regarding the Muslim community as we have been doing over the last several years. Your continued hate campaign will drive this country away from the progress and international recognition the country has received after a 30 year violent armed conflict. We, as equal citizens of this country affirm our commitment to work towards progress and prosperity for all in our beloved country.

Thanking you for your understanding, commitment and resolve to make peace amongst all peoples of Sri Lanka.

Yours sincerely,

Hilmy Ahamed

Vice President

CC: His Excellency Mahinda Rajapaksa – President
Mr Gotabaya Rajapaksa–Secretary Ministry of Defense

BBS threatens a repeat Aluthgama

Featured image via South China Morning Post

HILMY AHAMED on 06/25/2016

I have been accused by many in comments to my articles that I continue to write about the pogrom in Aluthgama and Muslims while the Tamils have had to undergo state terrorism during the 30 year ethnic conflict.  For them, the two deaths and billions of rupees worth of damage is minor compared to the death of over 200,000 people and the trillions of rupees damage wrought during the long drawn ethnic violence against the Tamil population. While one cannot justify another, it is important that we as a nation learn to deal with our differences and live as a strong Sri Lankan community, celebrating our religious and cultural diversity.  No one, not even Buddhist monks should be allowed to act with impunity and to cause violence or take the law in to their own hands.

Sri Lanka has seen in recent history thugs in saffron robes who don’t respect the laws of the land, and who act with impunity, leaving a trail of destruction, not only materially but also destroying good relations between communities.  Successive governments continue to either encourage, or at least, look away while these so called priests engage in hate and violence.  There is an urgent need to reach out to the moderate Buddhists who do not subscribe to this saffron violence.  The majority of peace loving Buddhists in this country should act to stem religious hate and violence and ensure that law and order prevail, since Sri Lanka is a nation that prides in its rich cultural traditions and Buddhist values.

Just two years after the violence that caused death and destruction to Muslim lives, businesses and property worth billions of rupees in Aluthgama and Beruwela, the Bodu Bala Sena’s call inMahiyangana on the 21^st of June 2016 for a repeat of Aluthgama is a dangerous threat to peace for all Sri Lankans.  This time, the threat from Ven. Gnanasara and the Bodu Bala Sena is not targeted just at the Muslims, but also at the Police and Judiciary.  He demands that the Police and Judiciary release two youth who were arrested for intimidating businesses to close their shops to protest against a previous incident involving an intoxicated Muslim youth who had pulled down a Buddhist flag.  He and his supporters around him threaten that failure to comply with their demand would force them to take the law in to their own hands and get the youth released with mob violence.  Ven. Gnanasara clearly states that this could be the next phase to the violence in Aluthgama. [see video].  The threat of repeating Aluthgama is tantamount to admission of responsibility for the pogrom of Aluthgama on the 15^th of June in 2014.

The Bodu Bala Sena has restarted its hate campaign against the Muslims after a lapse of about year and a half since the electoral defeat of Mahinda Rajapaksa in 2015. The BBS continues to bundle various incidents and issues including an internal rift between teachers, old boys and the Principal of  Madeena Muslim Maha Vidyalaya, in Madawala Kandy. Some parents and old boys of the school had thrown rotten eggs at the Muslim Principal of the school where a Sinhala teacher had sided with the school head. This incident has been portrayed as a communal rift between the Sinhala and Muslim teachers when the Principal himself is a Muslim and the Sinhala teacher had sided with him.  The local police had intervened and warned all parties to refrain from any form of violence, and the matter was resolved. Yet, Ven. Gnanasara and the Bodu Bala Sena are presenting this as an assault on a Sinhala teacher, while the target of the old boys and parents had been the Muslim Principal.

Buddhist extremists led by some monks had also prevented the establishment of a Muslim primary school in Dambawinna, Welimada. The Welimada Muslim Maha Vidyalaya, located in the heart of Welimada town had to expand due to the growing educational needs of the local Tamil and Muslim population. The school decided to shift its junior section to a separate location with the approval of the Ministry of Education and the Government had allocated the land in Dambawinna. A ceremony was organized to lay the foundation stone for the new building by the Uva Province Chief Minister Sammara Sampath Dassanayake, but a small group of Buddhist extremists led by a few young monks prevented it. They protested, stating that this area was allocated for government offices, which led to unnecessary tension in the area between the two communities. Chief Minister of the area confirmed that the Education Ministry had allocated the land for the school.

The Bodu Bala Sena, recently accused the two sons of former President Mahinda Rajapaksa, Namal and Yoshitha to have caused the defeat of the Rajapaksa presidency. The sudden blaming of the Rajapaksas is interesting and is seen as an attempt at shifting BBS allegiance to the Maithri-Ranil administration, especially when the joint opposition is at the Government with its rhetoric of government failures. How much of the BBS bait, the Maithri-Ranil government will swallow is yet to be seen.

The continued hate of extremists against minority communities is a major threat to peace and development in the country. The Geneva resolutions and the support of the international community towards lasting peace in Sri Lanka should not be undermined. The Organisation of Islamic Countries (OIC), who continued to support the Sri Lankan State against the various resolutions brought by the West and the USA should not be alienated. The Muslim Council of Sri Lanka has been demanding a special commission of inquiry to the hate campaign against the Muslims and evangelical Christians and punish as appropriate the perpetrators. It has had no response from the Government since January 2015.  It has also continued to maintain that anyone breaking the law should be taken to task within the framework of the law, and that vigilante groups shouldn’t be the ones who take the law into their own hands, which will demean the Police and the Judiciary and cause a breakdown in law and order.

It is time that we as a nation came together to meet the development challenges of our nation and help usher in an era of peace and prosperity. Towards this, every citizen will have to make his or her own contribution. The peace loving citizens should ensure that extremism in any form or from any religion should be eliminated.

PANAMA PAPERS: OFFSHORE FACILITY SOUGHT IN VIRGIN ISLANDS FOR SL GOVERNMENT DEALS IN 2010

(German journalists Frederik Obermaier (L) and Bastian Obermayer (R) co-authors of the socalled “Panama Papers” investigation pose on April 7, 2016 in Munich, at the office of the German daily Sueddeutsche Zeitung – AFP Photo/Christof Stache)

26/06/2016

One of the knotty areas for the Government in dealing with malpractices is how to cope with names and other details of those found in the Panama Papers (PP), a treasure trove of information revealed jointly by Germany’s Suddeutsche Zeitung newspaper and the Washington based International Consortium of Investigative Journalists (ICIJ). The involvement of 18 Sri Lankans has been made public in the PP together with 42 others from the ICIJ probe into the Singapore based Portcullis offshore accounts, as revealed in the Sunday Times (political commentary) of May 15. The number of Sri Lankans in the PP is less than miniscule compared to more than eleven million documents now being mined by the Sunday Times.

The enormous volume, as declared early, is heavily time consuming. It is baring not only names but also details of other activity that will send shockwaves in different circles including banking, trade, industry, politics, and media. There were also ones that reflect a strange paradox. One example is akin to a scenario like what happens if those in the World Food Programme (WFP) steal the food meant for those starving after being hit by disasters and manmade calamities. Of course such a situation will not occur since the UN operates a credible system where there are checks and balances. The local example cannot be described any better. Then there are the commercial institutions well known in their field of activity and even banks.

What has come to be known as the Panama Papers is a trove of files with the largest volume of insider information data to be leaked by an unknown source, first to the German newspaper Suddeutsche Zeitung. Later, the newspaper sought the help of the ICIJ to carry out a wider investigation into the activities of Mossack Fonseca, a Panamanian law firm with 40 offices worldwide, offering tax havens the world over including to Sri Lankans. The firm also offers advice to clients on commercial law, trust services, investor guidance and on how to run business structures.

Among the heap of details, in one instance, a company styling itself a ‘consultancy firm’ approached Mossack Fonseca headquarters in Panama in 2010 with a request. The Government of Sri Lanka, it said, was giving it a ‘shopping list’ of commodities it may require. The ‘firm’ had negotiated payment terms with the supplier and was forwarding it to the Government. All aspects, the ‘firm’ said, would be ‘transparent,’ but sought help from the Panamanian law firm to open an offshore account in British Virgin Islands for this purpose. The ‘firm’ dealt in items like fertilizer including urea with Sri Lanka. It is not clear how any Government Department, Corporation or agency could simply hand over to a foreign concern a ‘shopping list.’ Yet, the prospect of a person making such promises awaiting a financial benefit cannot be ruled out.

There were numerous instances where Sri Lankan diplomats serving overseas in different capacities have been named. So have those who have been appointed Sri Lanka Consul Generals in different countries. They have used their name tags to obtain business advantage with adverse results. One was the son-in-law of a leading country’s Prime Minister who eventually ended up in disgrace. Also coming into adverse notice over different issues were four former parliamentarians from Sri Lanka and one time top officials. The search continues.

The Sunday Leader

People while seeking benefits from government oppose VAT payment : Protests in Matara (video)

(Lanka-e-News- 25.June.2016, 11.30PM) The  people who are expecting the government to allocate 6 % towards education , provide free relief to the victims of disasters , free higher education , free health facilities etc. to them have opposed the tax levies imposed by  the government .This has created a paradoxical  situation.

The government can only provide the relief the people are expecting only by the taxes collected from the people, for the government is not a company.

In the world ,countries where the governments   provide most relief to the people collect huge taxes too. For instance in Britain, a family that is earning about sterling pounds 1500.00 , apart from the other taxes, pay about pounds 200.00 as municipal taxes. That is ,of the income  about one seventh of the earning is spent on Municipal taxes.

The Municipal council also carries out its tasks for those families commensurate with the taxes collected in those countries. Among their many services include providing a house in case the family is deprived of a  house and  looking after the elderly by the children. When all the taxes are  totaled , it is about one fourth of the income of the monthly earning of an individual .These are taxes that must be paid even by an individual who is not permanently employed and in part time employment. The taxes businessmen have to pay are  also very heavy. 

There isn’t a  big gap  between the net profit reaped by a small businessman after payment of all taxes and levies , and the salary that finally reaches the hands of a professional .In the same way the  reliefs granted by the government to the two groups too are  not much different. In some European countries , the taxes levied is about 40 % of the income of an individual. However in those countries the relief granted to the citizens  are also proportionate. 

The government which collects huge taxes during the period of earning of the citizen , however when he/she reaches the stage the citizen cannot earn, the government takes over the entire burden of the citizen.

In Sri Lanka it is different . Though the citizen expects all the relief from the government he /she evades the tax payments, and even does not  pay five cents as taxes. He /she does not have the thought he /she is a citizen of this country  in the same way as the government thinks of them as citizens . It is unfortunate the  government has not acted in a manner that could inspire  that feeling among the citizens.

When ministers get down vehicles worth many millions and  high rung officer of the government spends Rs. 1.2 million on his dress at State expense  ; and  when ministers secure tenders worth billions to themselves selfishly to the detriment of the country  , naturally , the people will not develop the feeling of fondness for the country nor will they be inclined  to think they are  citizens of the country .  Having lost faith in the rascals and scoundrels , the citizen  evades tax payment. 

This creates a vicious cycle. When taxes are not duly paid , what government does is imposes taxes on utility goods and services . VAT is such a tax. If the people are duly paying the taxes , the VAT levy will decrease. On the other hand if the people do not pay the taxes duly , the VAT levy shoots up.

In Sri Lanka a majority that pay taxes are businesses registered as  companies , and not proprietorships (single owner) . The revenue department does not chase after the proprietorships  either. There are a large number of businessmen in SL who are carrying on proprietorship businesses. Some of them not only do not pay the other taxes but even cheat on  municipal taxes.

The VAT levy is not imposed one following the other , it is a once and for all levy on  a commodity . When that is  the case , every importer or producer , wholesaler , retailer and proprietor must register to make  the VAT payment .

There is opposition mounting  across the whole Island against the sudden introduction of the VAT levy by the  present government .Usually in any country when a tax increase is to be introduced ,at least the people must be notified some months prior . Huge  publicity should be given via debates and media discussions.  Sadly ,the good governance government did not take any of these measures when it was introducing this VAT levy recently. While talking like ‘chandiyas’ (thugs) the VAT was introduced. With the present good governance government strengthening Democracy in the country and the growing freedom thereby , the opposition to this increase in VAT levy  also grew .

On the 23 rd , traders in Matara district closed shops and business establishments in protest against the VAT levy increase. In the Town itself , about 95 % of the business places were closed. The pavement hawkers too were not to be seen. This protest was not confined to the Town alone, it was staged within the city and village limits in all districts of Matara .A majority of shops in populated areas in Matara , Dickwella , Gandara, Devinuwara, Akuressa, Weligama ,Kamburupitiya, and Nihagoda were also closed.

This protest was staged by Matara district trade associations collective , Matara trade and commerce association , and Board of Commerce jointly  .They went in a procession demonstrating their opposition from Matara Uyanwatte ground to the Matara central bus stand .

The video footage of Indunil Kelum Jayaweera covering   Matara demonstrations is hereunder 

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by     (2016-06-26 01:41:07)

Senadhipathy Threatens To Sue RALL For Billions

by Camelia Nathaniel

Courtesy: The Sunday Leader

( June 26, 2016, Colombo, Sri Lanka Guardian) Chairman, Avant Garde Maritime Services, Nissanka Senadhipathy has informed the Chairman of Rakna Arakshaka Lanka Limited (RALL) in writing on Friday (24) that RAAL had failed to clarify the ownership of the weapons on board the MV Avant Garde ship and inform the Attorney General’s Department and other relevant institutions.  Hence, Senadhipathy stated in the letter that, due to the lapse on the part of RALL, if Avant Garde had to face legal issues, he would file a lawsuit before an international court against RALL demanding billions in compensation.

Speaking to The Sunday Leader, Senadhipathy said the Navy claims that they were not aware of the Ministry of Defence (MoD) directive when they sent three naval officers to arrest MV Avant Garde at sea, but the Navy had been notified by the MoD about the arrival of the vessel to Sri Lanka 14 days earlier.

He noted that on October 6, 2015, MoD approved sea transportation of RALL weapons and ammunition which were on board MV Avant Garde to RALL armoury in Galle (copy of the letter attached). This MoD approval letter was addressed to the Commander of the Navy, Director General Customs and Chairman SLPA, and copied to CEO RALL and Chairman AGMS.

“Then the Navy claims that their vessel had observed the Avant Garde vessel 11.95 nautical miles from Sri Lanka’s shores. The ship is 59 metres long and generally Sri Lanka’s territory is demarcated as 12 nautical miles from land point. The Navy says that they had observed the Avant Garde ship while at sea. When they are also at sea, how can they say that our ship was exactly 11.95 nautical miles from land? This is a misleading statement,” Senadhipathy said.

Meanwhile, Sampath Mendis, the attorney appearing on behalf of the captain of MV Avant Garde, told The Sunday Leader that two charges were levelled against his client, one being under Section 22 of the firearms ordinance that they were in possession of weapons and under Section 9 of the ordinance that weapons were being imported to the country.

“They charge that the Avant Garde ship was attempting to enter Sri Lanka’s territorial waters. When it is 12 nautical miles off the coast of Sri Lanka the Navy accepts that it is considered international waters. So they charge that the Avant Garde ship was 11.95 nautical miles off the coast of Sri Lanka. All these charges are applicable only since the Navy claims that the Avant Garde ship entered Sri Lankan waters.

“Our argument is that, as the Navy claims if the Avant Garde ship was 11.95 nautical miles and the international waters is 12 nautical miles, the difference is just 0.05 nautical miles; that is around 15 meters. There is no line drawn at sea to mark the territory. About two Navy officers claim that the ship was 11.95 nautical miles off the coast of Sri Lanka and other officers claim it was 22 nautical miles and 15 nautical miles off the coast. So under this situation whose version is correct? There is also no mention as to how the Navy calculated the distance and how accurate the calculations are.

It is mentioned that electronic equipment always has an error and no manufacturer can assure 100% accuracy of the position. Hence there are many theories as to how far the Avant Garde was positioned. So it is my view that the benefit of the doubt should have been given to them. Even if you take into account what the CID says that it was at 11.95 nautical miles, it would only be around 10 meters into Sri Lankan waters. But the Avant Garde is 60 meters long and if so 50 meters of the ship would still have been in international waters which is around 80 percent of the vessel. So how can they make this judgement?”

Moreover he said that the captain of the ship was only the navigator. The weapons belong to Rakna Lanka and there were Rakna officers on board as custodians.

“So why have they arrested the captain and not the Rakna Lanka officials who were on board the ship and in charge of the weapons?” he asked. RALL has renewed all agreements related to maritime security with AGMS in October 2015 for a further period of five years. Renewal of these agreements was signed with the approval of the current board of directors, appointed by the present government. RALL board of directors consists of members from Treasury and MoD in addition to the RALL management. RALL is a fully state owned entity falling within the purview of the MoD and as per the Gazette notification, RALL falls under the portfolio of the His Excellency the President. In addition to the renewal of the agreements, RALL directors have agreed to compensate AGMS by waving off RS. 250 million from the outstanding payments. Explaining the MV Avant Garde saga, Senadhipathy said the Southern Naval Command had dispatched two attack crafts, namely P 472 and P 464 to investigate MV Avant Garde. However it is pertinent to mention that the above mentioned MoD letter dated September 23, 2016 has been sent to the Commander of the Navy 14 days ago.

It has been mentioned in the ‘B’ report that Commander C. Jayasinghe (Operations Officer) through AIS identified the ship as MV Avant Garde. After that on the instructions of Deputy Area Commander he had sailed two Fast Attack Crafts namely P 472 and P 464 to investigate MV Avant Garde. According to Senadhipathy, Lt Commander J. S. Gunaratne (OIC P 472) has said, after leaving the Galle harbour he detected MV Avant Garde at a distance of 11.95 nautical miles. Lt LAPD Athukorala (2nd In Command of P 472) has said, whilst on the passage he detected MV Avant Garde at a distance of 11.95 nautical miles.
Commander C. Jayasinghe who took passage on board P 472 has said, MV Avant Garde was stationed at a distance of 14 nautical miles. Furthermore, Petty Officer P. M. A. S. Pathiraja who also took passage on board P 472 has said that he observed MV Avant Garde stationed at a distance of 22 nautical miles.

Lt W. H. P. Weerasinghe who took over the command of MV Avant Garde has indicated in his statement that MV Avant Garde was arrested when the vessel was in international waters at a distance of 15 nautical miles from the closest land. D. H. S. C. Wimalasiri (Deputy Harbour Master, Galle) has stated in the B report that MV Avant Garde was arrested by Sri Lanka Navy when MV Avant Garde was at a distance of 14.5 nautical miles from the land and therefore the vessel was in international waters at the time of arrest.

Senadhipathy said that the letter issued by the Ministry of Defence clearly indicates that these weapons belong to Rakna Lanka, and Avant Garde was only transporting them. When the Navy was arresting the ship, at 9.20, the Ministry of Defence had issued the letter. Rakna Lanka too had stated that these weapons belonged to them and had also given a statement to the police. The MoD Senior Assistant Secretary also said that these weapons belonged to the government. Senadhipathy said that the Navy has now put their foot in the mouth and they are trying hard to put him behind bars to cover the blunder they have created.

“They also know that I am going to claim billions in damages from suing the Navy for this fiasco. The AG’s Department’s Janaka Bandara said in court on Friday that the weapons were jointly owned by us and Rakna Lanka. But the MoD clearly states that the weapons belonged to Rakna Lanka, but Avant Garde was authorised to transport these weapons. The officer on board who controls the weapons, issues, and is in charge is a Rakna Lanka officer. We are only a transporter and a logistics facilitator.

“If they want to arrest me, then along with me they must arrest those who gave the authority to bring the weapons, all of them should also be arrested. If the act of bringing it is wrong then the people who gave me the authority to bring it are also wrong because it belonged to the government. By making such a statement that the weapons are jointly owned by me and Rakna Lanka ‘some individuals’ of the AG’s Department are trying to curry favour with some politicians for personal advantage,” charged Senadhipathy.

The Navy claims to have measured the distance of the Avant Garde ship using radar, but according to Senadhipathy, the Wide Area Signal (WAS) used by the Navy ship is still in development phase.

The manual says that during this development phase of WAS which may last several years, there is no guarantee of accuracy, indemnity, continuity or availability of the WAS system. Therefore the manufacturer will accept no responsibility for the signal other than for the above stated purpose. It is the user’s responsibility to exercise common prudence and navigation judgment when using the WAS system. Senadhipathy said that this is being purposely done by the Navy to avoid having to face court when he files charges against them and they are trying to make him the wrong-doer by falsifying the situation.

Furthermore, Senadhipathy said that Ratnayake, Chief Inspector Sri Lanka Police, who appeared on behalf of the CID has informed President’s Counsel Razeek Zaruk at the Galle court premises that the MoD has no powers to give authority to issue weapons. However, as per the firearms ordinance act, MoD is vested with powers to issue weapons.

“At this point I would like to mention that the Agriculture Department does not issue approvals for weapons; it is the MOD that carries out this task. If the MoD does not have the right I wish to ask who has the right or authority to issue the weapons on behalf of the country? Rakna Lanka is affiliated to the Ministry of Defence. This is all a big mockery and joke,” said Senadhipathy.

When contacted about RALL’s failure to accept responsibility for the weapons on board MV Avant Garde, Defence Secretary Karunasena Hettiarachchi said “What really happened was last week our people went to court and we wanted to withdraw our security personnel there and that we did. However I am not aware of the details of this issue,” he said, adding that The Sunday Leader should contact the Chairman of RALL for more information.

However several attempts to contact RALL Chairman, Victor Samaraweera and the secretary of RALL failed.

Advising Prime Minister On Selection Of The Next Governor For The Central Bank!

By Hema Senanayake –June 25, 2016

Hema Senanayake

I suppose it is wishful thinking on my part. Still I wished if I could advise Prime Minister on the selection of a person for the appointment of the governor of the central bank after Arjuna Mahendran, assuming that he is leaving soon. If I happened to advise him on one-to-one meeting I would do so only if I am allowed to talk to him as a colleague at least for that moment. The reason is not that I have a superego; instead I want to make sure whether he got my point in correct perspective. Let me explain this point quickly before we get back to the subject matter.

One day I went to hear a Buddhist talk. The Venerable monk made a nice Dhamma sermon. After the sermon, people were allowed to ask questions. During the time for questions, I observed that many times people presented two or more views on a very unique point of Dhamma made by the monk. Later, after the session I asked the monk as to why different individuals understood differently on a same point of Dhamma. I got a beautiful answer which I will never forget.

The monk explained that different individuals understand Dhamma differently as individuals have developed something known as “Five Faculties or Five Mental Factors” differently within their minds. As such none of the perspectives submitted by each individual when asking questions were wrong, but their questions show the different level of development of their minds in regard to the said five mental factors, he said.

On a different plane the monk’s above point equally applicable to any no-commonsense subject and in this particular case it applies to central banking too. Different individuals have different level of understanding of the subject. How can I advise PM meaningfully unless I do not know as to how far he has developed his “faculties” in regard to central banking? In regard to the subject, I am the boss not him and economics, especially monetary and macroeconomics, are not common sense subjects any more. As such any economic advisor must prepare his boss privately, confidentially and respectfully, in order to tackle any issue presented or submitted to him by any official –appointed or elected- for a decision. That is why I insist that I should be able to talk to him as a colleague, in order to give him any meaningful advice.

Since, I am not going to get a chance of my choice I have opted to give my advice through media by writing this article. Who would make a good Governor of the central bank? In regard to this question perhaps PM might need an advice.

Recently, Deputy Minister Eran Wickremaratne replied to this question. He said that the person should have an economic background first. What kind of economic background should he have? Eran’s statement does not explain it. Secondly he said that, since the Central Bank is a large institution, that person should have high-end managerial capability. I am not convinced. Former Federal Reserve chairman of the United States, Ben Bernanke had been teaching in Princeton University when he got appointed as a member of Federal Reserve. After a short period he was then appointed as the chairman of the President’s Council of Economic Advisors and subsequently he was elevated to be the Chairman of Federal Reserve which is the U.S. version of central bank. Ben Bernanke had no high-end managerial capability until he was appointed to be the Head of Federal Reserve. Thirdly, Eran pointed out that the person must have clear integrity with having no conflicts of interest. I agree.

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Sri Lankan with Interpol notice arrested in US



June 25, 2016 

A Sri Lankan national subject of an Interpol red notice from Sri Lankan Police for fraud, has been arrested in the United States. 

 Pothuvilage Ushan Bernard Karunaratne, 38, was arrested on June 21 in Fort Worth, Texas by U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) and the U.S. Marshals Service.

 Forty-five foreign fugitives – all subjects of active Interpol notices for individuals wanted in connection with criminal activity – were arrested across the United States this week. 

 Arrests occurred nationwide during the three-day enforcement operation June 21 to 23, a statement said.

 The 45 individuals arrested during Project Red II were wanted for crimes in 22 different countries in Europe, Asia, Latin America and the Middle East. Sixteen were wanted on various fraud charges, seven were wanted for homicide and four for illegal gang activity. 

 Other alleged crimes included drug trafficking, rape, embezzlement, extortion and kidnapping.

Inland Revenue Dept., now a den of thieves?

Jun 25, 2016

The trade unions joint committee of the Inland Revenue Department has complained to the president and the cabinet that revenue collection, general administration and all other functions have suffered a serious collapse due to the commissioner general and other top management officials’ blatant violation of constitutional and regulatory requirements and acting in a fraudulent manner.

Delaying the auditing and investigating tax files, hiding the actual incomes of taxpayers, assessing taxes below the actual amounts, intentionally delaying the levying of taxes from major companies and covering up tax levying from companies over improper agreements have all led to a serious collapse of the inland revenue activities, the complaint says.

The letter also complains about the authoritarian transfer given to the investigation unit chief to another division although he had carried out duties properly. It draws attention to the authoritarian and fraudulent conduct of the present inland revenue commissioner general as well.

The TUs note in the letter that supervision is wholly inadequate in the department, there are fraudulent groupings by top officials, disregard for financial regulations and the establishment code requirements, delay in collecting revenue and the absence of a subject-based tax evaluation method. All of these have led to the Inland Revenue Department having become a den of thieves, they add.