Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Wednesday, August 3, 2016

Bones unearthed near Mannar mass grave


2016-08-02

Two skeletal remains, suspected to be that of human, has been unearthed from an abandoned well near the Thiruketheeswaram mass grave Site in Mannar, Police said.

 The Police conducted investigations under the inspection of Mannar Magistrate A.G. Alexraja after being petitioned by several organisations belonging to this area, claiming that there were skeletal remains. 

Mannar Chief Magistrate V. Rajakulendran said they couldn’t determine on the findings until the investigations came to an end.(Romesh Madushanka)


Political prisoners releasing protest on the 8th

Aug 02, 2016
A protest organized by the Political prisoners release campaign, to release the political prisoners would be held opposite the Welikada prison headquarters on the 8th of August. The protest would be supported by many political parties and civil society organizations.

In 2012 a group of prisoners in the Vavuniya prison protested against their release or expedite their legal proceedings. During the protest a conflict erupted with the prisons officials, 17 inmates were inhumanly assaulted, seriously wounded and inmates Nimalruban and Dilrukshan died. Dilrukshan died on the 7th of August and due to that the political prisoners release campaign has chosen August 8th to commemorate the death and this protest, said a spokesperson attached to the campaign.

Although four years has been elapsed, the problem of the political prisoners has not been resolved. Despite special courts solutions were given, it has not been successful. As a result the campaign urge the government to consider this as a step taken to promote the national reconciliation, to take a political decision regarding these prisoners and release them.

The campaign urged all public who value democracy and national reconciliation to join this protest on the 8th.
This isn’t a question of tit-for tat - 

Vigneswaran

2016-07-28
Northern Province Chief Minister and former Judge of the Supreme Court C.V. Vigneswaran spoke to the Dailymirror at his official residence in Jaffna. During the interview, he spoke of the recent clash at the Jaffna University, the personal and the political and much more.

The need to move beyond the ‘July Cruelty Concept’ 


article_image
July ’83 riots

by M. L. Wickramasinghe- 

There is an ‘eye –opener’ article on the editorial page of the Sunday Island of July 24 on cruel acts perpetrated in the month of July written by Rajan Phillips. It attempts to catalogue and dissect the incidents of ethnic violence in Sri Lanka in the post-Independence period - the universe being the incidents of ethnic violence that occurred mainly around the month of July. Every Sri Lankan whether Sinhalese ,Tamil or Muslim would abhor such insane and irrational violence irrespective of who the perpetrators were and who the sufferers are and in which month of the year that these occurred. We wish such irrational and inhuman acts would not occur in this country again.

It is the same with the most recent incidents of terrorist violence in Bangladesh, France, and Germany. The vast majority of the citizens of the world community irrespective of ethnicity and religion censured such irrational violence. This is as it should be.

We arte in total agreement with the main ideas presented in the Philips article, including the belief that any form of ethnic violence need to be nipped in the bud. We believe that all Sri Lankans would agree on this too.

At the same time it is now time for analysts to go beyond what I wish to call the ‘July Cruelty Concept’ (of course having borrowed part of the terminology from the said article) and look at the holistic picture in this regard. I do not suggest by any means that we now ignore the 1958, 1977, and 1983 aberrations. We need to learn lessons from these unfortunate events, and as a Nation I believe that we have learnt lessons.

My family and I did not opt to be mere bystanders during these unfortunate events. My family and I took proactive and humanitarian action during all three of these episodes of violence to help people in distress even at the risk of harm to ourselves. The main purpose of this brief revelation is to not to gain any credit but to illustrate that my response to the article is genuine, since there is an emergent and unfortunate tendency to label persons who propose a balanced view on reconciliation and the national question as racists and inhibitors of reconciliation. I trust that my past actions will illustrate my sincerity. At the very least these past actions of mine can psychologically support my assertion internally.

If we as analysts get boxed in to what I call the ‘July Cruelty Concept’ it would contribute to the creation of a skewed view of ethnic violence in Sri Lanka. An example of what I attempt to say is clearly illustrated in the said article. Barring the last mentioned activity, i.e. the recent Jaffna university incident, the article covers the misdemeanors of only one ethnic group, i.e. of the majority community. I know that the bias crept in as the focus of the article was time limited to activities that occurred in July. This is why I suggest that we go beyond the ‘July Cruelty Concept’. This approach is clearly weak, considered from an intellectual, methodological, objectivity, and more importantly from an ethical angle. A more representative and scientific approach will provide the needed balance which would automatically confer wider acceptability and applicability to the observations.

Ethnic violence in Sri Lanka was not exclusively July friendly. It is well known that LTTE not only waged war against the State of Sri Lanka but perpetrated many episodes of violence outside of the battlefield. LTTE’s violence unleashed against devotees in the precincts of the Sri Maha Bodhi in Anuradhapura and the Temple of the Tooth in Kandy; the shooting down of devotees praying at mosques in Kattankudy; the killing of Buddhist monks in Arantalawa, the majority of whom were novice monks; the night massacres of sleeping villagers in the border or threatened villages and which intermittently continued for decades; the ethnic cleansing of the northern province etc are similar to incidents of ethnic violence that occurred in the country. However, the July Cruelty Concept tend to hide these from expert analysis although these incidents of violence too were directed against specific communities or ethnic or religious groups.

May be the above- mentioned incidents of violence had not occurred in July or thereabouts; we have not checked on chronology, and we do not believe that we need to do that either. Even if above mentioned LTTE violence occurred in the months of July or not, these need to be taken as valid examples of violence unleashed against specific communities and groups of people. When these are omitted and not considered as basis for analysis, the objectivity, representative-ness, reliability, and fairness of the analysis can be and should be questioned. Reconciliation requires a coming together approach based on fairness and trust; not a pushing apart approach based on restricted analysis and observations promoting mistrust.

Having said, this I must also firmly state that the intention of the above referred to article certainly would not have been to create bias or make selective treatment of issues. I have been a reader of Phillips’ articles and with that experience do know that there can be no such intentions. Since it was the month of July and the most recent incident (that of the Jaffna University), though of comparatively low level of violence did also occurr in 2016 July, the topicality of the theme would have prompted the penning down of these ideas. In journalism it is appropriate and is an acceptable practice. I simply piggy-backed on the article; and proposed an add-on idea and a more inclusive and comprehensive approach for all of us to follow. That is all.

To summarize, it is my contention that analysis of issues impacting on reconciliation, and constitution making should take into account all issues and aspects that influence and impinge on the Nation and that future analysis should provide a holistic view of the issues on the Table. And one example of such an approach is the need to move beyond the ‘July Cruelty Concept’ in analyzing of ethnic violence in the country. And when this approach is practiced, ethics necessitate that there may be no tormenting labeling.

‘Open Letter’ To Chandra Jayaratne: Why Is Auditor Corruption Ignored?


Colombo Telegraph
By Amrit Muttukumaru –August 2, 2016
Amrit Muttukumaru
Amrit Muttukumaru
In recent times you have written ‘Open Letters’ almost on a weekly basis also to the President and Prime Minister of Sri Lanka urging a credible investigation of the alleged Central Bank Treasury Bond scams and the need for accountability for any wrongdoing. Your focus has been on the role of then CB Governor, Arjuna Mahendran despite other parties such as the Bank of Ceylon also said to be involved. The mere replacement of Mahendran with a new Governor by no means closes the chapter on this saga. One would have thought the first order of priority of the new Governor – Dr. Indrajit Coomaraswamy said to be a “respected economist” with “integrity” would have been to restore the battered credibility of the CB by initiating a credible in-house investigation to determine whether due process on Bond issues were breached and by whom and the public duly informed. Maybe he has done so except for the fact the public are unaware. I trust he will set the record straight in the public interest and for his own credibility.
However, the focus of this ‘open letter’ is on a much larger issue – the systemic corruption in this country primarily due to the complicity or negligence of professionals – particularly chartered accountants/auditors and lawyers. After all chartered accountants /auditors are the first line of defence against corruption in all entities dealing with financial resources. Unless this is meaningfully addressed, scams will galore as we witness on a regular basis. Current examples of credible allegations of wrongdoing apart from the Bond issues relate to (i) purchase of coal (ii) road construction contracts (iii) import of luxury vehicles (iv) construction of 65,000 houses in the North and East.
One could even question whether abuse of power relating to nepotism and cronyism in key appointments to state institutions could have occurred if professionals stood their ground on principle. An example is the senior chartered accountant with impressive management experience as Executive Chairman of a leading state institution tolerating two ‘Joint Managing Directors’ one of whom is said to be closely related to a key cabinet minister. Other glaring examples of nepotism and cronyism relate to Sri Lanka Telecom and Sri Lankan Airlines.
In a similar vein could the alleged terrible corruption and abuse of power under the Rajapaksa administration have taken place without the complicity or negligence of professionals?
Let me emphasize – this by no means exonerates wrongdoing by politicians. They must be held accountable for their command responsibility.

The Monetary Board decides to tighten monetary policy

Untitled-3Monday, 1 August 2016

The Monetary Board in its latest monetary policy review done last week has decided to make money more expensive to people. People here include all within Sri Lanka – the general public, companies, state-owned corporations and the Government proper.

In central banking jargon, this is called the ‘tightening of monetary policy’. In terms of this tightening, the Board has decided to increase its policy interest rates by a mega dose of half a percent, while keeping the mandatory reserve which banks have to keep with it at 7.5% of banks’ deposit liabilities (available at: http://www.cbsl.gov.lk/pics_n_docs/latest_news/press_20160728a.pdf).

This decision is a reversal of the Board’s policy of making money available cheaply to people despite the mounting evidence, for quite some time, that the Board should do the opposite.

A nation dancing on the table at high tempo

logoThe mounting evidence consisted of a number of imbalances, also known as macroeconomic imbalances, which the country’s economy had been experiencing. The sum total of the imbalances had shown that the country had been living beyond its means in every respect.

Everyone – people, companies and the government – had been spending freely the income which they had not earned. It meant that that living had been maintained through borrowing, handy at the time of making it but woeful when it has to be repaid for lack of means.

Untitled-1This is a situation similar to people dancing on the table insanely without bothering to find out what the next day will promise them. To facilitate the dance, funds were provided by the Central Bank by freely printing money, the banking sector by creating credit and the Government by borrowing both from the domestic and foreign sources.

The remedy would have been to halt the dance forthwith. This is an unpopular move but a central bank has no choice in this respect. It has been created by the nation to make this unpopular move and that is the responsibility of the Monetary Board in terms of the Monetary Law Act or MLA under which the Central Bank has been established.

As William McChesney Martin, Jr., one time Chairman of the Federal Reserve Bank, the central bank in the US, said it was the job of the central bank to take away the punch bowl just when the party gets going. Obviously, the dancers would not be happy. But a central bank has to make these unpalatable choices for the sake of a stable and a growing economy in the years to come.

There are economic imbalances everywhere

In Sri Lanka’s case, the ongoing free party had created a number of imbalances as follows. The external sector had a big hole, putting pressure for the rupee to depreciate against the US dollar and forcing the government to seek out a bailout package from IMF. The official foreign exchange balances, known as foreign reserves, were falling at a rate to a level even below the next 12 months’ foreign loan repayment obligations.

The budget was out of control with a widened deficit in both the revenue account and the overall operations. The rising overall deficit had forced the government to borrow more increasing its indebtedness to both the citizens of the country and the foreigners. It thus reignited the external debt crisis.

Money and credit levels were rising, bringing a new enemy, inflation, back to the fore. With these imbalances overshadowing the economy, no new investments, either by the local private sector or foreigners, were taking place leaving the cash-strapped government to fill the gap.

Since the government too could do only a little with its own fiscal problems, the inadequate investments had reflected in a slowing down of economic growth. These symptoms had been present in the economy for some time, but the Monetary Board had stubbornly refused to take any preventive action. It was, therefore, left to the new Governor of the Bank, Dr. Indrajit Coomaraswamy, to rejuvenate the frail wisdom of the Board. To his credit, Coomaraswamy has done so in his very first monetary policy review done in July 2016.

A Monetary Board taking an offensive stand

This writer in a number of articles published in this series alerted the Board to the ominous developments taking shape in the economy needing urgent fixing.

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The latest was published in April 2016 under the title ‘Dilemma in monetary policy: The Monetary Board caught in The Devil’s Alternative?’ (available at: http://www.ft.lk/article/534654/Dilemma-in-monetary-policy--Monetary-Board-being-caught-in--The-Devil-s-Alternative-?).

The objective of the articles was to get the passive Board to action so that the catastrophe could be avoided through proactive action. But when the situation deteriorated to such a critical level, its choice was one involving the devil’s alternative.

That was because at that point whatever the action which it would take would harm the economy. Hence, the best course of action would have been to take preventive action in advance. But the Board defended its inaction by issuing a statement countering this writer (available at: http://www.ft.lk/article/536676/Central-Bank-responds-to--Dilemma-in-Monetary-Policy--Monetary-Board-caught-in--The-Devil-s-Alternative-?-).

The Board, instead of taking the warning seriously, referred to this writer as a ‘retired employee of the Central Bank’ implying that an opinion expressed by a retired employee did not merit consideration by the Board.

Now the situation has deteriorated to a critical level

But the subsequent events proved that the Board’s approach was faulty. It had to finally seek a bailout package from IMF which it had downplayed earlier as unnecessary. In securing this bailout, it had promised IMF that it would, among others, introduce monetary policy reforms involving the tightening of the monetary policy, a flexible exchange rate regime and an inflation targeting framework.

In June, Moody’s rating agency had, descending from its earlier stand to be on par with the other two rating agencies, namely, Standard and Poor’s and Fitch, downgraded Sri Lanka’s economic outlook from stable to negative. The reason for downgrading? The worsening macroeconomic outlook of the country which the Board had refused to admit earlier.

In the meantime, the inflation rate, as measured by the Colombo Consumers’ Price Index or CCPI, started to move up from less than 1% in January 2016 to 6% in June. The rupee continued its downward slide against the US dollar from Rs. 143 per dollar in December 2015 to Rs. 146 per dollar in July 2016.

The free foreign exchange reserves, net of gold holdings that cannot be used for making immediate foreign payments, fell to $ 4.2 billion by end of June 2016. However, the total loan repayment commitments within the next 12 month period as at that date amounted to $ 5.5 billion. The Government and the Central Bank had temporary breathing by going for a sovereign bond issue of $ 1.5 billion in July. However, this cannot be done forever and action had to be taken to put the macroeconomy back to balance.

The enlightened vision of Dr. Coomaraswamy

Dr. Coomaraswamy hinted at the course of action he would take in his maiden address to the staff at the time he took office at the Bank in early July (available at: https://www.youtube.com/watch?v=riEqOx8oc0U).

He said that he was advised by the President that he should do his duty in a straight way and he should not fear anybody. He further said that if the Bank fails to create a strong macroeconomic platform in terms of strong macroeconomic fundamentals, nothing else would be possible. This nothing else is nothing but the measures to be taken by the government to generate growth and create wealth for people. He opined that it would make people within and outside have confidence in the country.

The three guiding principles for the Central Bank, according to Dr. Coomaraswamy, would be integrity, technical excellence and professionalism. He said that the Monetary Law Act sets out very specific responsibilities for the Central Bank. The Bank should fulfil those objectives in a very technocratic, objective and free way. The Bank should avoid creating artificial booms through misaligned policies. In other words, he meant that the Bank should have a set of policies which are aligned to each other. He wanted to create a culture of free debate and discussion in the Central Bank implying that he is open to criticism. He even suggested that anyone who is not happy about his policies could bring it to his notice direct. This openness, it is presumed, is extended not only to those within the Bank but also to those outside critics.

Giving correct direction to the Board is a must

What Dr. Coomaraswamy spelt out in his maiden address was a fine piece of guidance to the Monetary Board. The Board’s previous monetary policy stance was misaligned as this writer had pointed out on numerous occasions in articles in this series.

The Central Bank’s objective was to attain ‘economic and price stability’ meaning that the Board cannot be complacent merely by having a low inflation rate when there are imbalances in other sectors in the macroeconomy. It, instead, sought to boost growth by making money available at cheaper rates and promoting credit growth in the economy.

When things started to go out of control, it used the wrong policy instrument, namely, requiring banks to keep more money with the Central Bank as idle balances, known as statutory reserves. It widened the interest margins of banks enabling them to make more profits. It also induced banks to resort to arbitraging, i.e., making profits by borrowing at low rates from the Central Bank and lending to customers at prevailing market rates. The end result was the leakage of the liquidity created by the Bank to promote growth out of the country through increased payments for imports and purchase of foreign services.

It created a hole in the balance of payments putting pressure on the rupee to depreciate against the US dollar and forcing the country to lose its foreign reserves. To build reserves and meet foreign exchange obligations, the country had to borrow more from external sources. Those borrowings in turn increased the country’s vulnerability further. Thus, the Board’s own misaligned policies contributed to the creation of an external sector crisis as well.

The Board should be open to criticism 

When outside critics, including this writer, pointed out the misalignment in the Board’s policies, it was not open to listen. Instead, it first took a defensive attitude which later became offensive.

The Board should have read the message in its proper spirit. Instead, it started to shoot the messenger, even going to the extent of ridiculing the critics personally. One has to only go through the press statements issued by the Central Bank on behalf of the Monetary Board in the previous few years to discern this. Dr. Coomaraswamy wants his officers to demonstrate technical excellence and professionalism in their work. But the Board which is at the top of the Central Bank has demonstrated that it was lacking both.

Two pressing issues needing immediate fixing in the Central Bank

Dr. Coomaraswamy is planning to take the Monetary Board and the Central Bank in the proper direction. The first monetary policy review under his management is a testimony to it. Yet, he has inherited a sick Central Bank and curing that sick person is a quite a challenge. Two of the most pressing challenges he is facing are as follows.

The continuously loss making Central Bank

The Bank had been making losses continuously since 2013 – Rs. 87 billion in total – causing a depletion of its capital base from Rs. 182 billion as at the beginning of 2013 to Rs. 54 billion by the end of 2015.

When this writer pointed this out, the Board took it very lightly pronouncing that a central bank is not supposed to make profits. When it was pointed out that, though it was true that central banks are not supposed to make profits, they are not supposed to make continuous losses either causing a rapid depletion of its capital base.

The Board then took up the position that it was still not a problem because a central bank could be recapitalised by the government at any time if there was such a requirement. What the Board had not reckoned was that Sri Lanka did not have a government which has such free money to waste on a loss-making central bank.

The Bank’s present administration and staff costs amount to about Rs. 12 billion per annum. Since this is like a permanent fixed cost which the Bank cannot cut for any reason, unless it earns this amount annually, it is subject to a serious financial crisis. There can be some easing in this situation in 2016 due to the fact that there is a liquidity shortage in the market on a day to day basis and banks are borrowing from the Central Bank at its new lending rate of 8.5%. But the Board has to be cautious about this since it amounts to earning income out of printing money and thereby inflating the economy. Thus, the Bank will have a temporary relief but in the long run, it will have a bigger problem of facing higher inflation.

The Entrust fiasco is just a tip of an iceberg

Then, there is what known in the market as ‘Entrust Fiasco’ which the Board had chosen to sweep under the carpet in the past. In this fiasco, according to market sources, those who have invested in government Treasury bills and bonds through this primary dealer have lost about Rs. 10- Rs. 12 billion.

This is because though the investors have delivered cash, they have not been supplied with bills and bonds. This is a fraud which has caused investors to lose trust and confidence in the country’s financial markets on one hand and the professionalism of the Central Bank as the market regulator, on the other.

Some of the big losers have been Central Bank’s own funds managed by the Monetary Board as disclosed indirectly by auditors in the annual accounting statements of the Bank. These accounting statements have disclosed those losses as ‘uncollateralised REPOs’ in funds operated by different schemes of the Bank: Regional Development Department Rs. 1400 million (p 52 of Part II of the Annual Report 2015), Pension, Widows’ and Orphans and Widowers’ and Orphans’ funds Rs. 283 million and Medical Benefit Scheme Rs. 129 million (p 42 of Part II of the Annual Report 2015).

In addition, the auditors have not disclosed it but the market believes that the Bank’s own Deposit Insurance Fund too has lost money due to these uncollateralised REPOs. A REPO is by nature a lending against collateral and if these REPOs have not been collateralised, that means that these moneys have been lost by the investors. There are private sector investors who have lost about Rs. 7-Rs. 9 billion due to this fraud. What the Board has done is to hand over the management of the primary dealer company in question and its subsidiary companies to the National Savings Bank.

NSB cannot compensate the investors who have lost money; neither can the primary dealer do so because it is bankrupt. Hence, the liability is now knocking at Dr. Coomaraswamy.

Dr. Coomaraswamy has started his work by giving a new direction to the frail Monetary Board. It is hoped that he would succeed in his endeavours for otherwise the country would be driven to a perilous situation.
(W.A. Wijewardena, a former Deputy Governor of the Central Bank of Sri Lanka, can be reached at

waw1949@gmail.com).

Shariyah & Modernity


Colombo Telegraph
By M A Nuhman –August 1, 2016 
Prof. M A Nuhman
Prof. M A Nuhman
A Review of the book – Women Claiming Rights and Spaces: Activism to Reform Muslim Personal Law in Sri Lanka, Published by Muslim Women Research and Action Forum
Muslim Personal Law (MPL) in Sri Lanka that governs the family affairs of the Muslims which specifically includes marriage, divorce and inheritance and exclusively applicable to the Muslims is supplementary to the general law of the country. There are such supplementary family laws like Kandyan Law and Thesavalamai Law that governs the family affairs of Kandyan Sinhalese and Jaffna Tamils respectively.
The MPL derived from Shariah, a legal and customary system, that was evolved and finally codified during the 8th and 9th centuries by the fourImaams namely Abu Hanifa (700 – 767), Malik Ibn Anes (710 – 795), Mohamed Al Shafee (767 – 820) and Ahamad Ibn Hanbal (780 – 855) based on the Quran and the traditions of the Prophet. More than a thousand years have been passed since the codification of Shariah and the Muslim communities all over the world, like their other religious counter parts have been experienced tremendous social changes throughout their past history, specifically during the last two hundred years. Consequently there is a demand for a meaningful reform in the MPL from a certain section of progressive Muslim men and women across the country and also there have been specific proposals for such reform from the middle of the 20th century. However, the orthodox religious and community leadership, basically dominated by males is reluctant and also resists any meaningful changes in their personal law, because they think that, it is divine, permanent and not changeable.Women Claiming Rights and Spaces- Activism to Reform Muslim Personal Law in Sri Lanka
Although, there is a resistance from the conservative majority of the community for any kind of reform in the MPL, if we look at the history of MPL in Sri Lanka, like in many other countries, we can see that it has been changed from time to time even though it was not substantial.
Until the arrival of the European colonizers, particularly the Dutch, the family affairs of Muslims of this country had been governed by the community leadership – the Ulama and the Mosques according to their traditional Shariah law although they did not have any in depth knowledge of that. However, the Dutch, who introduced their legal system, the Roman Dutch Law, incorporated a version of MPL into their legal system in 1770. The British, who captured the coastal area of the country from the Dutch, reintroduced the MPL in 1806 under the new name, the Mohammaden Code with the concurrence of local Muslims. Throughout the 19th century and in the early 20th century it was slightly amended time to time because of the involvement of the concerned Muslims like M. C. Abdul Rahman and M. T. Akbar. The Muslim marriage and Divorce Ordinance of 1929 was a significant change in the history of MPL. Later, a committee was appointed by the Government to recommend changes to the 1929 Ordinance in order to remedy its shortcomings that were pointed out by the concerned Muslims. As a result a new Muslim Marriage and Divorce Act of 1951 was enacted. It is the Act that is still operative with some amendments in 1954, 1955, 1965 and 1969.
Although there have been amendments in the MPL in Sri Lanka, it did not address many issues which are specifically affect the Muslim women. Now it is deeply felt by some progressive Muslim men and women groups that the MPL needs substantial reform appropriate to the present context of societal development and to achieve the Quranic principle of equality.
Port City: Indian pressure forced SL to suspend and revisit project: Rajitha

2016-08-02

Cabinet Spokesman and Health Minister Rajitha Senaratne revealed today that the Chinese funded ‘Port City Project’ (PCP) initiated by the Mahinda Rajapaksa government had to be suspended and re-visited under pressure from India.

 He told the weekly Cabinet news briefing that a new tripartite contract would be signed shortly with all clauses in the original agreement inimical or unfavourable to Sri Lanka being removed with new conditions included.

 “There was opposition to the project from several quarters leading to the UNP vowing to suspend it on assuming office. However, it was the Indian government that forewarned Sri Lanka of the negatives in the event Sri Lanka went ahead. India said once completed, the project will not come under the jurisdiction of Sri Lanka with a big question mark on Sri Lanka’s sovereignty,” the minister said.

 He said India had pointed out that the project management could refuse landing rights to Sri Lanka’s aircraft on the properties under its purview and prohibit the use of its air space.

Under the new tripartite agreement to be signed by the China Harbour Engineering Company Ltd (CHEC), a subsidiary of the of the China Communications and Constructions Company Ltd (CCCC), the Megapolis and Western Development Ministry and the Urban Development Authority (UDA) has removed the contentious issues in the original contract.

 For instance, according to the agreement signed in September 2014 by the Rajapaksa government, 20 hectares of land was be granted to the CHEC Port City (Pvt) Ltd on a freehold basis and the rest on 99-year lease.

 The new government has decided that no land will be given on freehold basis but on 99-year lease. Under the new agreement the above has expanded in favour of the GOSL to include healthcare and hospitals and exhibition and convention centres and the new Colombo International Financial Centre. Also no restrictions will be placed on developing the North and West ports of the Colombo Harbour. In addition, the project company has agreed to set up the CIFC building in the land area reclaimed first including making a new investment in the CIFC building no sooner it is technically feasible to build on reclaimed land and upon mutually acceptable terms being agreed with the GOSL after a feasibility study. (Sandun A Jayasekera)

Muttur Siege: Reflecting 10 years on


Featured image provided by author

on 

Ten years is a significant milestone: a decade; a generation.  A lot can happen in ten years and a lot has.  Ten years ago, the smartphone was still a concept that was being tried and tested; MSN Messenger was the way people communicated with each other.

Ten years is also a long time to carry a personal burden, a memory that has been buried deep within yourself, of a trauma that you are unfamiliar with.  So I write this firstly as a cathartic process because it was my first time on the field to be on the front line facing conflict and its aftermath.  I had the previous year moved from my engineering job into working with (and eventually running the country office of) an NGO looking at post tsunami reconstruction but by April 2006, found myself looking very much at the prospect of dealing with a resurgence of the conflict.  This was something I was not prepared for, nor was I prepared for what was on the ground.

This story of the Muttur siege also deserves to be told and kept alive as part of the narrative of the Sri Lankan conflict.  It is often forgotten in the midst of other issues but the mere displacement of 20,000 people is not an insignificant occurrence.

Sri Lanka sadly is not short of milestones of sad significance when it comes to its narrative of the conflict.  Every day, month, year, place has a sad reminder of the bloodshed and suffering the people of this country faced particularly between 1983 and 2009 but if you want to go back, from the armed insurrections of 1971 as well.

Yet the story of Muttur in all of this narrative of the conflict and accountability has remained far from the memory of people except for the Action Contre le Faim (ACF, Action against Hunger)murders.  This is the only time when there is a reference to this, which is unfortunate given what happened around that time and its implications for the rest of the conflict.

Muttur has always been on the front line of the conflict, given its location in the Trincomalee district. With its strategic location, it remains a vantage point for entry into the Trincomalee harbour. Muttur’s 57,000 population, however, is predominantly Muslim and since 1984, the town has come under repeated threat or attack from the LTTE, its physical isolation exacerbated by a pervasive sense of insecurity.

The story of the Muttur siege though starts in April 2006 when leaflets were sent purportedly by the LTTE asking Muslims to leave Muttur (reminiscent of what happened to the Muslim community in Jaffna and the northern province in 1990, which saw the expulsion of close to 75,000 people).  In the preceding weeks the ceasefire between the LTTE and the government would end and the LTTE would seize control of the water supply to the Mavil Aru Anicut, a densely-populated watershed to the south of Muttur. This was followed by a virtual blockade of the town with outer villages suffering from lack of food and no access to livelihood.

By the end of July the government had withdrawn its forces from many parts surrounding Muttur to recapture the Mavil Aru Anicut. Many in Muttur believe that the LTTE occupied the anicut to divert Sri Lankan government forces from Muttur and to relieve pressure on LTTE guerrillas in the area in order to mount an attack on Trincomalee.

In the early hours of 2 August 2006, roughly 150 LTTE cadres occupied the centre of Muttur.  After an initial attempt to reoccupy Muttur was rebuffed, the Sri Lankan military began to shell the town early on 3 August, forcing residents to flee their homes. Significantly, it was among faith institutions that people sought sanctuary. By mid-day, almost five thousand people had converged on the Nathwathul Ulama Islamic College and thousands more in two other Islamic schools in the town, Al Hilal and Ashraff High School and in the town’s three mosques. The Tamil community, Hindu and Christian, took refugee in the town’s Catholic and Methodist Churches while most Sinhalese residents evacuated to a prominent Buddhist temple in the nearby town of Seruwila.

During the afternoon of 3 August, however, two shells hit the Islamic College, killing 33 people (UTHR 2006), and in an atmosphere of desperation, religious leaders sought external help to organise an evacuation of Muttur. Despite this both the Government Agent and the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) local office at that time seemed ambivalent to the fact that this could happen.  Having spoken to representatives from both agencies personally, I know there was absolutely no expectation (or interest) and plan in the fact that people might evacuate Muttur.

The evacuation of Muttur began after morning prayers on Friday, 4 August, hours before the LTTE guerrillas began to abandon the town to government special forces, with residents walking to Kiliveddi where they were picked up by vehicles mobilised by local civil society including the  Jamiat-e-Ulama (council of Imams). By nightfall, nearly 10,000 Muslims had arrived in the nearby town of Kantale while hundreds of Tamils headed to Trimcomalee via Kantale or south towards Batticaloa district. By Monday, 7 August, more than 20,000 evacuees had arrived in Kantale, and the full horror of the Muttur crisis had become apparent.

However this is far from the end of the story. Arriving people talked about how thousands of terrified evacuees were intercepted by LTTE guerrillas on 4 August and diverted into the jungle at Krandi Rock where at least 5 people died at the hands of the LTTE or as a result of government shelling (UTHR 2008).  In a separate incident, terrified Tamils were stopped near Kiliveddi by government troops who detained 24 men, and then were taken to a police station for processing as potential LTTE members.

In total, nearly 60 people died during the Muttur crisis, including elderly residents who remained in their homes and who died of hunger and thirst.T he Muttur crisis is known for the single worst atrocity ever perpetrated against an international NGO to that date, with the murder of 17 staff of ACF, at their Muttur office. All had been lined up against a wall and shot.  To date there has been no word of who perpetrated the acts although there is suspicion about the government security forces or vigilantes acting on behalf of the government.  Speaking to people displaced from Muttur at that time about this incident, I was struck by the lack of sympathy from many who questioned why when other agencies had withdrawn their staff due to security reasons or had staff join the evacuation from Muttur, there had been a decision to stay. This suspicion still lingers with some members from Muttur today.

For the next two months, the Muttur displaced would remain in Kanthale, a town of some 50,000 people, with a mixed population; 60% Sinhalese, 35% Muslim, and 5% Tamil. Conscious that the inflow of 20,000 people could threaten to overwhelm the local community and exacerbate inter-communal tensions, the government was keen to resettle the evacuees and in October 2006, the evacuees were sent back.   There is of course a lot of debate as to how people were sent back and whether the timing was right, however this is perhaps not the place to write about it.

Muttur remains a defining moment in my life.  For the first time, I was witness to the terrible communal divide in this country.  I remember sitting down to a meeting with the Government Agent (the senior most local government official in the area) to talk about the slow support from the government only to be told “Don’t worry, your (Muslim) ministers and representatives are sorting this out”.  I remember telling him that I didn’t want an MP or a governor who happens to be Muslim to sort this out because many of the evacuees were Muslim, but I wanted the government and its representatives tasked with dealing with such situations to take responsibility because their citizens had been affected. Yet I was struck by a certain disregard, amounting almost to arrogance at his statement.

I saw the potential for partnership between faiths. The Muttur crisis was also the start of a novel partnership between two significant humanitarian organisations with a faith-based ethos; UK-based Muslim Aid and the US-based United Methodist Committee on Relief (UMCOR).  Having been part of that initial partnership, I remain convinced about the possibilities and challenges of partnership among Faith Based Organisations (FBOs) and between FBOs and their secular peers.  This experience  drives me even today to make a case for the important role that faith, faith institutions and faith-based humanitarian agencies have in responding to natural disasters and conflicts, largely because of the trust vested by local communities in local religious institutions and leaders. It demonstrates that cooperation among FBOs across cultural and religious boundaries can undermine cross-community tensions that stimulate conflict.

I also saw the potential for locals and local civil society to bounce back if given the space.  My favourite story from the Muttur crisis is that of the Arafa Nagar bridge. ArafaNagar (A Muslim Village) is a little peninsula within the Muttur town area separated by a small river. The village of Amman Nagar (a Tamil village) is its neighbor. In the late eighties, people of ArafaNagar and Amman nagar were displaced by the conflict to Muttur. After the situation cleared in 2006, people were looking to resettle. Both Amman Nagar and ArafaNagar were looking to return but there was a lack of proper access to the area. People had to take the boat or swim across. There needed to be clearing of shrubbery and damaged buildings and cleaning of wells for water supply. Based on the community’s request, a bridge was built across the river to aid resettlement. In addition, support was offered in terms of gifts in kind for returnees to restart their livelihood. Encouraged by the prospect of a permanent bridge and the support for livelihood, the people of Arafa Nagar got together to build a temporary bridge. People started to return and clear up the land. 

They put up temporary shelters and started to farm, helped by return kits . Gradually life started to return back to this once forsaken land and communities started to resettle. People of Amma Nagar also returned and there was a chance for communities to reconcile their differences. The bridge was finished and declared open on the 26th of February 2009 in front of the community. It was later handed over to both communities. Visiting that area just after the opening of the bridge in 2009, I saw Tamil and Muslim communities having afternoon tea together with their children playing in the fields and for me in that brief moment in 2009, I felt that there was a potential for communities to come together given space. Even today there is some collaboration and understanding between the religious leaders in this.

Muttur remains an important milestone in Sri Lanka’s narrative of the conflict.  There is understandably a lot of scrutiny about the end of the war in 2009 but regrettably people seem to forget that the whole  period of the conflict has been a time of great trauma and intense suffering.  We focus on the end of the conflict because that is where the world’s attention was pushed especially by lobby groups, yet we have forgotten that the experiments for this started in 2006 from both sides on the conflict with Muttur and continued throughout the final phase of the conflict in 2009.  A lot of what happened at the end of 2009 can be traced back to 2006 but equally a lot of what happened post October 2006 gives some pause for reflection as to what might be if the right conditions are there.

In our quest for Sri Lanka moving forward post conflict, it is important we get a sense of the totality of the narrative and a better understanding from all sides of the conflict.  This will then allow us to holistically frame the reconciliation, justice and accountability perspective. After all we owe it to everyone who has suffered from this conflict through out its 28 year old history.

Untitled-11 Untitled-12
Lost in the for-or-against-SAITM debate is the ethicality of exchanging a medical degree obtained free-of-charge for higher remuneration in private practice locally or abroad, when the Government medical sector is in need of doctors in rural areas 

logoWednesday, 3 August 2016

The argument against private higher education is a strong one. Given two individuals, one able to afford to pay and the other not, it cannot be disputed that the one who can afford gets access to private higher education. The deeper truth is that wealth determines success in either public or private higher education.

Fifty four percent of our youth who currently drop out school without an O/L certificate do not even get a chance to complain about private higher education. Clearly more than half of our population cannot have cognitive difficulties that prevent them from getting six passes with math and language in the GCE (O/L) examination. They do not succeed because they are disadvantaged. However, the more explicit case of inequity of somebody who get 3As but miss medical admission, and another gets 2Bs and an simple pass and gets into a private medical college makes for a more immediate and persuasive case.

The solution to the crisis in medical education is not in the margins where the Government increases the intake bit by bit, but in addressing equity issues in a holistic manner. Currently, the intake to the medical stream is about 1,200 a year and graduation rates are expected to be the same. The Government picks this handful of students and give them a 100% free education, while another 10%, say, below the cut-off, have to pay 100% of the cost if they pursue private options.

Untitled-13Obviously, those well below the cut-off but with the money will go on to foreign universities or attend SAITM, the local option, leaving behind many frustrated youth. The anger is vented at the SAITM, the institution close to home. In the meantime, the Department of Health Services is on record saying there is a serious shortage of doctors, in rural areas in particular.

In a profession like medicine where there is a demand by Government for service in rural areas or lucrative private options, the truly equitable and efficient solution is to provide low interest loans to all for a for-fee education, and discount the loans on the basis of public service performed, with higher discounts for service in difficult areas.

For example, if a student graduates with Rs. 5 million in loans on average, say 10 or so years of public service could wipe out the loan. If a graduate wishes to migrate, the loan is his or hers to pay. No one is held in servitude and no one has to feel guilty and our rural hospitals would be staffed.

According to recent reports, the Prime Minister has asked for a five-year plan for addressing human resource needs in the health sector. Hopefully, there will be some out-of-the-box thinking in these new plans taking into account the marketability of a medical training and the needs of the other 93% other youth who are left out of the public higher education or technical and vocational education or training (TVET).

Shortage of doctors

The Government has good reasons to subsidise medical education. Speaking to Sandeshaya, the Sinhala service of BBC on 11 July, Dr. Palitha Mahipala, the Director General of the Health Services Department, had said that there is a shortage of 2,500 doctors, particularly in rural areas. This is not a problem that can be solved by one set of recruitments, he had said.

Currently there are nearly 17,000 doctors with one doctor for about 1,350 people. As the country, develops we can expect the demand for doctors to increase in parallel. For example, the UK has one doctor for 357 people.

As the Director General further elaborated, 1,200 doctors graduate annually from medical schools in Sri Lanka and another 300-350 return to Sri Lanka with foreign medical degrees. New units are opened to deal with new health issues and additional doctors will be needed to run those units. This is not a problem that can be solved by a big recruitment drive. It will be continuing problem, he had said.

The Director General did not talk about the attrition rate of doctors in the system – i.e. how many leave Government service at what point for what reason. Whatever the statistic, every person who leaves for personal benefits is one person too many to be subsidised in a country where public health needs are expanding and the average citizen bears the brunt of Government taxes.

Doubling the intake?

If the Government is to increase the doctors produced, it may have to spend Rs. 500,000 to 600,000 at a minimum in recurrent costs per student. Additional 1,000 places would require about 0.6 billion per year, not counting capital costs. The higher education budget for 2016 is Rs. 9 billion and 0.6 billion is a small increase, one might argue, but the issue is what else one could do with the money. Currently three billion is spent on the public TVET sector which serves 3% of the youth. Only three billion is budgeted for youth services which has to help 93% other youth.

Untitled-14Will not solve quality issues

Currently our medical establishment prides itself on its quality of education. Our public health indicators continue to be high and our Government Medical Officers Association (GMOA) likes to take credit for that. But the credit is really due to the public health inspectors, public health nurses and midwives who do the frontline work with public health medical officers of health who oversee.

Our communicable disease rates are going down and the curative care doctors together with the preventive care colleagues can take a bow there, but lifestyle diseases such as heart problems and diabetes are alarmingly on the way up. Our doctors prescribe medicine, but are they doing enough in preventive care? The GMOA should stop congratulating itself and take a hard look at performance of 17,000 medical officers to see if the healthcare they deliver is adequate to meet the life-style disease threat.

Some of our medical officers are performing miracles in saving lives and guiding people to better lifestyles, and our specialists return with post-graduate experience outside of the country. Yet, what percent of the 17,000 medical officers are such doctors? Unless doctors themselves, or an independent entity, develop some rating system, we would not know.

One year of free tertiary education opportunity for all

If we are to address the equity issues, first and foremost is the inequity for 93% of a youth cohort who do not receive any support from the Government for tertiary education or training. In 2015, 320,000 or so youth turned 18. Of these 4% would end up in a public university and 3% in a public TVET institute. We know very little about other 93%. This is not an acceptable situation for a country where the majority of the workforce is in unskilled or low-skilled worker categories. Any increases in tertiary education should be targeted at youth to avoid the unskilled trap and give them helping hand to help themselves.

Many young people today pick up a certificate or diploma and then go on to study as they work. It is time that Government recognise that particular form of tertiary education and stop prioritising 7% of the youth on the basis of an examination system which is still loaded against the poor after more than 70 years of free education. A solution, for example, would be to make vouchers available for six months to one year of education or training in recognised education institutes to all youth.

Additional schooling from future earnings

The opponents of private higher education argue that education is not a commodity and that medical education in particular is sacrosanct, but the fact of the matter is that a certificate obtained free-of-charge has a market value. A medical degree carries value of a public nature, but the potential of private benefits are greater. Lost in the for-or-against-SAITM debate is the ethicality of exchanging a medical degree obtained free-of-charge for higher remuneration in private practice locally or abroad, when the Government medical sector is in need of doctors in rural areas.

We do not have statistics on how many graduates leave Government service each year. True, medical students should not be held in servitude. They should be free to leave, but they should be required to pay back the money spent on them. The mechanism for such pay back systems already exists with the exemplar reported from Australia in what is called Higher Education Loan Program (or HELP) which provides income contingent loans to students. This is essentially a future earnings model for funding higher education.

Avoiding the college loan trap

One issue that needs to borne in mind is that the future earnings model can be problematic in the long run. Higher education gospel has it that more education means more earnings, and borrowing for education is seen as an investment. This model has fuelled the growth of higher education in the US, but more and more students are graduating with large amounts of debt to find their degree-advantage is diminished now as a result of competition from graduates across the world in a highly-globalised economy.

Medical education is one field where we in Sri Lanka can experiment with a high expectation of success.