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

Tuesday, September 6, 2016

It brings shame to the Tamil cause!- S.V.Kirupaharan

It brings shame to the Tamil cause!- S.V.Kirupaharan
 Sep 06, 2016
During the 32nd session of the UN Human Rights Council – UN HRC in Geneva, the Sri Lankan Foreign Minister Mangala Samaraweera – MS, held a briefing on 28th June and a few Tamils who attended it asked him questions or made comments. I was one of them.

I told MS that there was no point in asking a question because the reply would just be bogus promises, therefore I preferred to make a comment.  All his predecessors have had meetings in the same manner and gave many bogus promises in various UN Human rights forums. So far nothing had been implemented.
Soon after this meeting was over, some Tamils met with MS in the same hall. Within two days I saw photographs of Fr S J Emmanuel and Paul Newman on some Tamil websites, captioned as traitors who met with MS. This really surprised me because some others too met with MS, but their photos have not appeared on the same websites.
On 9th July, when I wrote an article in Tamil about things happening in the UN HRC, I mentioned that there were people from the International Council of Eelam Tamils - ICET and some others who also met with MS, but their photos had been hidden by some websites. In that article I raised a point, as to whether the ICET would take action on those who met with MS.
As soon as my article was published, there were some anonymous emails in English to me, from Th Th (th92110@xxxxxx). The very first email accused me of being ‘a man without backbone’ and asked me whether I am ‘ready for a debate’. I replied; if the person who sent me that email has backbone, let him send me his name and contact number. Also I said that I am always ready for debate with anyone qualified to do so. If that person was prepared for it, I invited them to arrange a date, time and inform me. My reply was ignored and the person continued to send me some humiliating emails, saying that I lived with LTTE money and God knows whether now the RAW or CIA is giving me money. After a few emails in broken English, with no grammar and proper structure, I suspected this must be a particular person in France. So I wrote to him, ‘I don’t deal with any drug-trafficker, who was in the jail for several years’. Also I said that I had identified him. With this reply, the anonymous emails stopped. Now I have confirmed who it was.
Then by the end of July, some of my friends told me that there was a reply on one of the websites, to my article of 9th July. It stated ‘why the ICET rep met with MS personally’, especially after the official meeting was over. That was full of fiction. He now claims that he continuously asked for an opportunity to ask a question from MS, but he was not given a chance. Also he says that Ms Karen Parker had told the Sri Lankan Ambassador that the representative of the ICET wanted to ask a question, but the Ambassador had ignored him. None of this happened during the official meeting with MS and everyone in this meeting witnessed this fact. Then he said that Gajan Ponnambalam told him that he would ask a question - so he was compelled to stop asking for an opportunity. In fact, none of this ever happened in the hall.
He said in his reply that he met with MS as a representative of a country, and told MS that he belongs to a banned organization. What a shame for whatever banned organization he refers to. A drug-trafficker, who served a few years of jail sentence, claims that he belongs to a banned organization. In fact, the LTTE maintains a high discipline. If he tries to give an image that he represents the LTTE, it will tarnish their image. Also if the international community comes to know that ‘the Tamils are represented by a drug-trafficker’, it will be a real disgrace.
As he has no knowledge or experience in politics, in his reply he used the political terminology ‘Shadow’ – which is meaningless in this context. He says that Tamils had a shadow government; Tamils should have established shadow embassies in every country and started shadow diplomacy it seems. Also he said Tamils never had continuity of their government. What a joke and shame! This is the person known as an international spokesperson.
How can anyone blame whoever appointed this drug-trafficker as an international spokesperson, when many do not know the truth about him.
Apart from his utter lies and comic reference to a ‘shadow government’, if he had really check-mated MS, particularly after the official meeting - why was that news not published soon after? Why only by the end of July, almost 3 weeks after my article had been published? Until my article appeared everyone thought that after the official meeting only Fr Emmanuel and Paul Newman had met with MS.
To be frank, even though this character has lived abroad for nearly 40 years, it was only in July 2007, that he was motivated by some unknown source to enter through the back door, pretending that he wanted to contribute to the Tamil struggle. Since then he has done maximum damage to the youth and a few others. Many smart youth who worked long before this character came, have left because of his hidden agenda.
Regarding this matter, I have written a detailed reply in Tamil and it was published in many Tamil websites. This is a summary for those who can’t read Tamil.
It is shameful when outsiders are led to believe that the Tamil cause is being led by a person who served a few years in jail, for drug-trafficking.

Sri Lanka ‘lacks political will to establish transitional justice’

BY KITHSIRI WIJESINGHE-04 SEPTEMBER 2016
The UN chief visiting Sri Lanka’s war affected north has been told that the government lacks the political will to initiate any meaningful process for Transitional Justice.
Tamil activists and organisations working in the North and East of Sri Lanka handed over a letter on Friday (2) to Secretary General Ban Ki-Moon accusing the government of using transitional justice as ‘just a tool for managing foreign policy goals’.
The Secretary General visiting the northern town of Jaffna during the last leg of his Sri Lanka visit was met with hundreds of war affected Tamils who took to the streets urging UN to persuade the government to set up a transitional justice process with significant international involvement.
'Close relationship'
Tamil activists and organisations working in the North and East of Sri Lanka who handed over the letter to the General Secretary have requested him to raise serious concerns regarding the transitional justice process currently underway in the country.
They have also criticized the 'close relationship among the Task Force entrusted with the consultations on transitional justice, civil Society members involved in the Task Force and their connection to the Government.'
“The Task Force members themselves seem to have very strong views on the outcomes of the transitional justice process (which appear closely aligned with those of the Government). We fear that this may have an impact upon the impartial nature of the consultations,” says the letter.
UN resolution
A transitional justice process for war crimes and crimes against humanity in Sri Lanka was adopted by the UN human rights commission in Geneva last year.
However, Sri Lanka President had earlier said that the secretary general had no discussion about the UNHRC resolution when they met in Colombo.
“During the hour-long bilateral discussion and the 10 minute one-on-one discussion with Mr Ban Ki-moon, there was no mention about the UNHRC resolution,” President Sirisena told journalists who met him at the President’s House on Friday.

That great betrayal and institutional accountability


Sunday, September 04, 2016


Visiting United Nations Secretary General Ban Ki Moon’s assertion that ‘much needs to be done in order to redress wrongs of the past and restore accountability of key organizations, particularly the judiciary and the security services’ raises an interesting question.

The Sunday Times Sri LankaMyopic framing of core questions

Post last year’s ‘rainbow revolution’, where is the focus on substantive institutional reforms? Let me delight in being as heretical as always and pointing out that, on the contrary, there appears to be a ‘settling’ for a straight-jacketed transitional justice package, each in separate limited components. This is quite distinct from an uncompromising insistence on state accountability for systemic wrongs. Put harshly but nonetheless justifiably, this resort to ‘settling’ is nothing but a great betrayal of long and bitterly fought struggles on fundamental failures of justice.
Lest we mistake the matter, these failures predate the grievous Medamulana affliction upon this land. Rather, every political party along with every political leader, living or dead, has to bear responsibility for the same.

But to be fair, the Government is responsible for this myopic framing of core questions only up to a certain extent. The issue of systemic accountability is a ‘hard question’ that any political regime will prefer to leave undisturbed if allowed to by citizens. This is precisely what has happened in Sri Lanka’s frantic rush towards the tempting glamour of ‘justice in transition.’

Unacceptable compromises on fundamental issues

Let us take the judiciary and the security sector (mentioned by the UN Secretary General) as good examples thereof. So is the need for legal institutional reform adequately met by the Bar Association of Sri Lanka indulging in a seminar series on the Rule of Law encompassing anti-corruption to victim protection? Or are we to believe that hasty constitutional reform following a bow and tie ‘packaged’ process of ‘public consultations’ will suffice?
The irony is even greater given that state law officers who enabled the cover up of abuses in the Rajapaksa years facilitate some of these farcical exercises. In India for example, if a state law officer complicit in enforced disappearances in Kashmir had been tasked to lead witness protection programmes or security sector reform, a storm of (public) protests would have ensued.

That is the singular strength of civil movements elsewhere in the region. But in this strangely incestuous society, the ‘yahapalanaya’ minded see no problem in joining hands with compromised individuals to unblushingly proclaim their adherence to good governance. This is a parody of the most satirical kind. So let alone Northern victims protesting, can the South profess anything but profound disinterest in these games that are being played?
Who makes the decisions for the victims?

The problem lies with institutional culture and political will, not the Constitution, whether First Republican, Second Republican or (conceivably) the Third Republican, which one devoutly hopes will not be as inherently self-contradictory as the 19th Amendment to the Constitution. The issue is not really the law itself, superior or subordinate as the case may be.

So when the habeas corpus application of a mother whose sixteen year old daughter had disappeared when fleeing from the Wanni with her other family members during 2009 is met by stony silence of the defence establishment in the Vavuniya courts, there is a failure of justice. A Special Court with or without international involvement, aimed at a few military or political scapegoats, leaves that failure undisturbed.

This is also not satiated by an Office of Missing Persons (OMP) which subsumes the ‘disappeared’ under the bland euphemism of the ‘missing’ or a Truth and Reconciliation Commission both of which lack an explicit link to an effective criminal justice process or an efficacious habeas corpus remedy. . In the end, who arrives at these decisions on behalf of the victims and then claim the right to ask the victims to ‘believe’ in those choices? Making these linkages and insisting on reform of these processes would not have been met with howls of protest from the South despite Rajapaksa histrionics

Dismissing crassly simplistic arguments

In any event, no civil or criminal liability attaches to the findings of the OMP. However, if an offence has been committed, it ‘may’ be reported to a law enforcement authority. Even here, the duty is discretionary. And as information received ‘in confidence’ by the OMP is not subject to the reach of the Right to Information (RTI) Act, No 12 of 2016, that particular information in unreviewable.

Thus a key ground to compel the disclosure of information on the basis of which it may be judicially reviewed as to whether the OMP has exercised proper discretion in (the minimum) initiating the first step in a criminal investigation is rendered arguable. The crassly simplistic argument that this is necessary for preserving the security of witnesses’ testimony is unacceptable. This objective may have been achieved by a more tightly drawn clause defining these circumstances narrowly.

Citing the use of the term ‘in confidence’ in other statutes is also unhelpful as there are clear safeguards in those contexts to prevent abuse, one example being the overriding public interest disclosure clause in the RTI Act at several levels of appeal and review. In contrast, the discretion of the OMP in shutting out such information even to the family members of the victims is dangerously open-ended.

Need for less effusion and more discretion

Overall there is the reposing of a disturbingly naïve belief in the great goodness of such bodies which runs counter to all our past experiences. Those lacking a sense of institutional history need to be reminded of this.
And as Sri Lankans are confronted with what appears to be a ‘managed’ and rushed process to satisfy external timelines, wondrously effusive messages of support ceaselessly emanate from a plethora of foreign missions.
Perhaps it is now time for a little less effusion and a little more discretion. And for more considered thought to be given to ‘reconciliation’ processes which, as of now, appear to be aimed discomfortingly at ‘reconciling’ only politicians bound by a common struggle for political survival.

Representations called from civil society on HR action plan


LEN logo(Lanka-e-News- 05.Sep.2016, 7.30PM) The Inter-Ministerial Committee, established by the Cabinet of Ministers, to develop a national human rights action plan for 2017-2021, has decided to call for observations or views from all stakeholders, including the civil society and interested organisations on the drafting of the new five year human rights action plan.
As directed by the Cabinet of Ministers, the draft action plan thus developed would be considered by the Cabinet by the end of October 2016.
A dedicated web page for this purpose has been launched with effect from 1 September 2016, in the website of the Ministry of Foreign Affairs, which is accessible at:  www.mfa.gov.lk
The web page provides detailed information including background, the composition of the committees, principles to be applied to the drafting process, themes under which specific information should be transmitted.
The Inter-Ministerial Committee on Human Rights Action Plan requests all interested stakeholders to send in their observations or views preferably before 14 September 2016. Observations or views could be directly addressed to the following email ID:  nhrap.consultations@mfa.gov.lk
Ministry of Foreign Affairs
5 September 2016
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by     (2016-09-05 14:38:21)

Some thoughts on ‘Close to the Bone’





Sanjana Hattotuwa SANJANA HATTOTUWA on 09/04/2016

Close to the Bone’, billed as a theatrical collaboration between Arun Welandawe-Prematilleke and Isuru Kumarasinghe, was part of Colomboscope 2016 and held at the Presidential Suite, Cinnamon Lakeside. Almost exactly three years ago, Welandawe-Prematilleke directed ‘Paraya’, also an immersive theatre experience held as part of that year’s Colomboscope, albeit in a markedly different, much more dilapidated yet far more expansive venue. ‘Paraya’ was compelling. As with ‘Close to the Bone’, there was an element of technology involved – a blog called ‘The National Happiness Authority’, created for and anchored to the production, provided details of the world in which the production was set. It’s still there online, providing a glimpse into what was a well-researched, immersive production critiquing a country post-war, censorship, militarisation and at the time, a serious democratic deficit. As Gehan Gunatilleke in his review of the production noted,
“The triumph of ‘Paraya’ was its ability to immerse us in the milieu and expose us for our complicity. The natural reaction to the production—exalting it in the abstract as a brilliant political critique—may in fact betray us further… The story of ‘Paraya’ does not end when the lights go out and the apprehensive applause begins. It continues today with our every act of blind compliance.”
Clearly, a hard act to follow. ‘Close to the Bone’ continues Welandawe-Prematilleke’s interest in immersive theatre, which in a country only ever interested in theatre at the Wendt, cannot be commended highly enough. In its thematic underpinnings and plot, the production also mirrored issues highlighted in ‘Better Than Ever Before’ staged at the British Council in July, also written and performed by Welandawe-Prematilleke. My interest in going to see ‘Close to the Bone’ was in part to see how for Welandawe-Prematilleke, what is clearly an enduring interest in interrogating class, choice and urban development manifested itself in a new work. ‘Better than Ever Before’ was an utter fiasco. Would this production be any better?

Intent matters. Kumarasinghe and Welandawe-Prematilleke’s choice of subject, style of theatre, location and characters suggest they wanted us – all of a certain class, social background and privilege – to be more conscious of ourselves, our choices, and the attendant, thinly veiled yet very real violence we architect, countenance and go on to justify, at the end of each production. The production sought to unsettle and reveal not just by was done and said overtly, but also by insights into what each character was thinking at a given point of time, independent of what they were doing, or saying openly. This was done through technology, and the issue here is that what was so central to the experience of the play, was so ill-thought through.

First, the good. The syncing of internal thoughts with what the characters said out aloud was sheer brilliance, when it worked. The production’s Facebook page gives an insight into how this was achieved, and deserves recognition as something that was really inspired and if I am not wrong, done for the first time in Sri Lanka. Having access to the thoughts of characters added depth and texture, and while the production could be enjoyed without this added input, having it meant a deeper, more granular understanding of why a character did or said something. The ambient sounds and music also added to atmosphere, creating tension or setting up a scene even as the actors rushed from place to place. But what was a great idea in the main, simply failed too many times. The technical challenges were not insurmountable. The placement of routers was inappropriate. Bridge routers could have been used to boost the signal to the periphery, where the signal simply didn’t extend to. The model of routers used and the Wi-Fi standard they were based on simply could not cope with the number of users in the location. What all this resulted in was an experience that placed many of us at a disadvantage on multiple levels – having to fiddle around with our phones in the middle of the production, having to deal with sudden and recurrent signal loss, the sudden switching of sound streams, corrupted audio and sometimes a loss of synchronisation between live action and internal monologue. Kumarasinghe and Welandawe-Prematilleke are not required to know advanced wireless networking. But between them, they certainly have ready access to a wider community who would have freely helped with knowledge and equipment to make the technology far more resilient to the demands of the production. However, the inability or unwillingness of the directors and producers to ensure that overall, technology matched the demands of plot, pace and place, unfavourably impacted the experience of the play, which was a real pity.

A central reason why the technology failed so badly brings me to the second most frustrating aspect of the production – the numbers in the audience. The Presidential Suite at Cinnamon Lakeside was clearly never designed with an immersive theatrical production in mind. Given the layout and architecture of the space, it is unfathomable why Kumarasinghe and Welandawe-Prematilleke decided to accommodate, for each production, forty people as audience, plus production crew and the four actors, bringing in total those in a rather confined space closer to fifty. The technology failed and the very essence of immersive theatre failed because there were too many people. Characters often quickly disappeared into a sea of bodies. They couldn’t be followed. They couldn’t be observed. The concentration of people overwhelmed the routers. Following a character out of the suite and back in resulted in the complete loss of signal. Action in certain spaces could only accommodate at most four or five, and there were often three or four times that number all attempting to get a good vantage point, before giving up and by extension, losing out on key moments. Immersive theatre requires intimacy, and if exploration is explicitly billed as part of what the audience is actively encouraged to do, the numbers each night killed it. It is also unclear if Kumarasinghe, Welandawe-Prematilleke and the others in the play took the journey as an audience member, to understand how we would see, follow and interact with the performance. In locating key moments in places where, given numbers, no one really had clear access to, much of the play was lost – a case in point being the moment Kusal (the character played by Welandawe-Prematilleke) hid a bloodied garment under a bed, which a friend just a few feet away and from just a slightly different perspective completely missed. I bent down and examined the garment soon after Kusal left the room in a rush and everyone rushed after him. More should have got that chance, after seeing what I did. The production note averred that “if you do not move, you will not see the play”. While true, the fact was that even if you wanted to move, you often could not. This was not a failure of space or location – it was a failure of design and imagination. Perhaps Kumarasinghe and Welandawe-Prematilleke wanted to make as much money as possible to cover production costs, or they just didn’t think about how the excessive numbers would impact the production. Either way, as immersive theatre goes, ‘Close to the Bone’ failed spectacularly.

There were other ill-thought out aspects. In ‘Paraya’, the characters the audience could choose to follow were present from the start. In ‘Close to the Bone’, forty people had on screen four choices, but at the start of the production and for a good few minutes into it, only two characters in front of them. As a loose analogy, there is in computing a phrase called the ‘tyranny of the default’, to explain why when presented with a pre-selected option on-screen, most users will never choose another. When all of the audience were at first only presented with two characters – Kusal or Tania (played by Thanuja Jayawardene) – very few opted to switch to Yasodha (Subha Wijesiriwardene) or Sanchia (Tehani Chitty), after they appeared. What this also meant was that those tuned into Kusal or Tania’s audio streams experienced the worst network glitches. Furthermore, on each night’s second cycle, most who followed either Kusal would have opted to follow Tania, and vice-versa, instead of switching to perhaps equally if not more interesting narratives contained in the characters of Yasodha and Sanchia. It is impossible to fathom whether the production’s structural bias towards two characters out of four was deliberate or inadvertent, but it did, for me, negatively impact the experience of the play.

And here we get into plot. The production had a clear focus on class and high-rise living, but mediated through lines which often risked caricature. Unlike the degree of research which had gone into ‘Paraya’, there was little understanding around the complex, varied and mutable politics and optics of post-war urban development in Colombo. The dialogue was often painfully contrived especially when characters expressed opinions related to choice, lifestyle, location or privilege, intended to reflect insecurities of urban, middle-class society. The plot builds up tension towards a violent denouement, but as was experienced, frustrating to engage with given how much of it was lost or partially encountered because of mercurial technology and over-crowding. It was hard to determine with any certainty the intent of Welandawe-Prematilleke or Kumarasinghe. What may have for them and the actors been a clear critique that was well communicated, for the audience was opaque, scattered and distant. All four characters were clearly interesting in their own way, with their personal histories inextricably entwined through blood ties, lust, love, friendship, shared insecurities or some heady combination of all this. It was no small feat to think of four interweaving stories all coming to a climax in the course of a single evening. And yet, so much of texture present perhaps in the script was largely lost to an audience struggling with technology and often only on the margins of what was being acted out, outside the dining room, living room and balcony.

And finally, a word about acting. All four actors are well-seasoned and familiar with the kind of theatre they engaged in, which helped. Welandawe-Prematilleke, after a string of dreadful productions and performances at the British Council, was back to form and rendered Kusal very well – a man often with no (audible) conscience, vacillating from self-pity and loathing to braggadocio and false courage – as a friend observed, like a chained elephant straining to break free. Jayawardene, as Tania, admirably played Kusal’s wife – a woman clearly rather unhinged and (willing?) hostage to her circumstances, but holding it together for the sake of appearances. Both Chitty’s and Wijesiriwardene’s characters added texture to a play clearly centred around Kusal and Tania. Either through choice of casting or through interpretation, Wijesiriwardene’s character – as I experienced it – often approximated what the actor is and sounds like in real life, and was as a result far less engaging that Chitty, who played out her role, and an interesting past with Kusal, with just the right tension. However, this observation is more to do with the nature of immersive theatre, where one can never fully appreciate all the characters equally in just one evening. Some who followed Yasodha said they encountered a complex, layered character that was well drawn out, which makes me regret I didn’t go for more than one night of the production.

From a production by Welandawe-Prematilleke, much is always expected, for which he has only himself to blame. Sadly, ‘Close to the Bone’ failed as a complete theatre experience. A few elements that worked occasionally, and actors who were good enough, do not a memorable theatre experience make. My significant disappointment with this production is that with a bit more effort Welandawe-Prematilleke’s idea, which was clearly a great one, could have survived into a production that was good, if not great itself. This didn’t happen, and it is our loss as much as it is his. Gunatilleke’s take on ‘Paraya’ was that the play sucked us in, and even as we complimented it, what we were really doing was to acknowledge our complicity in what it critiqued. ‘Close to the Bone’ inspired discussions around motivation, location and history, but overwhelmingly in the context of confusion and frustration around what was missed, could have been done better, failed, was unseen or unheard. Texture, acting, plot and the politics of place even were largely lost, save for a few who were out of sheer luck, at the right time, at the right place, and with a functional audio stream. But are brief glimpses of brilliance and insight enough to rescue a production? Is good acting enough to overcome technological failure? Is a director’s original vision enough to excuse poor execution? Does the shallowness of characters reveal a lack of research, or that character’s own lack of depth? Do we forgive failures of planning by way of supporting experimental theatre, or do we call it out, noting that theatre, especially when ticketed, has a responsibility to an audience to deliver the best possible performance? ‘Close to the Bone’ wanted to critique and help reflect. It largely failed. But the questions it raised, perhaps not just the ones it intended to, resonate. Perhaps that is why it will be remembered – as what could have been, and should have been, instead of what was.

‘Paraya’ was a template of what we should and need to see more of. We now have a  production that Welandawe-Prematilleke must not return to, and can learn much from. Perhaps not a bad thing to have these markers so early on in the life of a young director, of whom much is still expected in the future.

Five detained over alleged assault of Sri Lankan envoy to Malaysia




BY NATASHA JOIBI

SEPANG: Five people have been arrested over the alleged assault on Sri Lanka’s High Commissioner to Malaysia Ibrahim Ansar at the Kuala Lumpur International Airport.   

Selangor CID chief Deputy Comm Datuk Mohd Adnan Abdullah confirmed the arrests but declined to divulge the details of the five individuals.  

The case is being investigated under Section 147 of the Penal Code for rioting, he said Monday. 
Ansar was reportedly assaulted by a small group of people at KLIA on Sunday.

Sri Lanka’s Foreign Ministry in a statement condemned the attack on its High Commissioner. 
“The High Commission of Sri Lanka in Kuala Lumpur is coordinating with local law enforcement authorities in Malaysia and other relevant local authorities to identify perpetrators and assist with investigations,” said the statement. 

Sri Lankan news portal Hiru News reported that the High Commissioner was assaulted at the airport after sending off Daya Gamage, the country’s Primary Industries Minister, who was in Malaysia for the International Conference of Asian Political Parties.

Former Sri Lankan president Mahinda Rajapaksa was also in Malaysia to attend the event.

Lanka cannot but be Quixotic

Pres-PM stumble along in authentic Sri Lankan style 



Juan Domingo Peron was President of Argentina from 1946 to 1955

The Debt Burden in USA, Sri Lanka and everywhere

by Kumar David-September 3, 2016, 8:59 pm

article_image 

"The best argument against democracy is a five-minute conversation with the average voter." Winston Churchill



To read ‘learned’ economists both able and unable (pun intended), political commentators and much of the English language press is to be exposed to a tirade of "they should do this, they should do that, why do they not do the third?" All splendid stuff IF only we lived on another planet. But then IF my aunty had those round things she would be my uncle! This is not an excuse for every bungle and blunder of the R&S regime; I will give you examples to show that even allowing for constraints, unforced errors are common. Rather my point is that that it is naïve to overlook the reality of populist democracy. Or to put it another way, Lankan democracy is defective in its political, social, economic and cultural spaces.

Examples of this blemish proliferate galore. It is dim-witted to award Buddhism (or any religion) constitutional primacy; or to call Lanka unitary when the need is devolution. But boldness on either count will see Ranil and Jayampathi lynched and burnt at the stake. Regarding the economy; first Ranil proposes then Ravi disposes, then Ravi proposes and the Cabinet disposes, policy is a yoyo, hence economists domiciled on Mars intone in sonorous tones "Ah there must be stability; screw reality". Is my dismissive take on platitudinous economists intended to cover up R&S mucking up? Most certainly not as you will see as you read on. But it does mean that I have scant regard for pompous speeches at Chamber Conventions, Business pages overflowing with naïveté, and NGO studies regurgitating platitudes with little to say about addressing constraints outside the control of Ranil, Sirisena or anyone else.

Democracy in Lanka is a particularly fateful case of populist democracy; but not all democracies are as short-sighted and populist. The electorate is all powerful and holds parliament and the government in thrall. The only concession that it makes to the elected is that it turns a blind-eye to corruption even on a mega scale. The Rajapaksa family and ministers, MPs and influential hangers on, despite being reviled as malefactors on a vast (or Vas) scale continue a command a mass following. Lankan populism’s political and cultural ethos translates into this dictum: Welfare expenditures must be sustained irrespective of how money is found; the government dare not cutback on popular measures irrespective of financial circumstances.

State revenues are only 12% of GDP and expenditure 18%, but impositions like the attempted VAT hike are resisted and defeated. Furthermore, Lanka is not only a populist but also a pirate capitalist democracy; that is to say not only the masses but also the propertied classes indulge in piracy. My colleague Professor Sivaguru Ganesan reckons that this country is one of the worst in tax avoidance. Add the bonanza of perks to the upper middleclass in the state and corporate sector (duty free car permits, allowances etc) and to get the scale of it you need to realise it that the beneficiaries exceed 10,000. The point of this essay is neither the size of benefits nor the extensiveness of its extensiveness; rather the point is that government is powerless to trim any of it. The GMOA has blocked ECTA, an essential international economic cooperation agreement, to protect its loot within a closed shop. The Organisation of Professional Associations has set out the nation’s foreign trade policy framework to suit its vested interests. Why do we need parliament?

The short and the long of it is that democracy in Lanka is of a certain type, an extreme case of populist democracy. Here is a list of things 12 things that this or any government cannot achieve.

a) Redefine the state in Lanka as a secular state

b) Provide substantial devolution to the minorities to run their own affairs

c) Rein in the military and free up land and property whose usufruct it has seized

d) Impose significant direct (mass) taxes in times of economic stress

e) Collect a goodly portion of fraudulent income tax and other taxes evaded

f) Restructure the state and corporate enterprise machinery to eke out higher efficiency

g) Systematically reduce graft in the public service and the police

h) Restrain the daily splurge of lies and half truths in the press including the English press

i) Build one more coal fired power plant which government will not be able to do due to the public outcry against coal even if done in an environmentally satisfactory way

j) Prosecute and punish mega-scale political or non-political financial criminals

k) End the "laws delays"; the backlog in our courts surely is one of the worst in the world

l) Improve road behaviour; stop ragging in universities; insist on better English; the list is endless

m) Develop public consciousness to where people place duty and not personal greed first

All this is not the responsibility of government alone. Religious bodies, public opinion and parents of young people can help, but some like the BBS are a part of the problem not the solution. Recently the Cardinal (some believe he’s an outright Mahinda man) strayed, with political objectives, into matters he does not know the foggiest about.



Unforced errors

Though I have pointed out the political and cultural blocks obstructing any government from progress in governance and economic gain, it must not be concluded that the government (in the context of this article I refer to the S&R regime only) has not made unforced errors. An unforced error is an unjustifiable act which was not forced on the government by the afore-discussed real-political pressures. I will for reasons of space confine myself to three issues, viz; the Central Bank Bond Scam and Malik Samarawickrema’s proposed US lobbying alleged scam, the perennial to-and-fro of decision in economic policy matters, and third haphazard decision making in the electric power sector culminating in a hush-hush decision to scuttle the Sampur coal power project at enormous financial cost to the country.

The alleged Bond Scam is morally the trickiest. What is being alleged is that the UNP needed money to face the Rajapaksa regimes treasure trove of billions and its flagrant abuse of state power and state machinery at two elections in 2015. Compared to the Rajapaksa billions the then-opposition was dead broke. Hence the then-opposition took a loan as it were, which is repaid by the profit stakeholder parties make via the Bond Scam. I have no proof or evidence that any of this is correct but this is what is being said in every tea shop and coffee parlour by both detractors and those who wish to explain that it was unavoidable. Let us put the question of veracity to one side and assume as a hypothesis that this version is true.

Immediately we are on the horns of a dilemma. Would you rather that the then-opposition stayed pristine clean eschewing dicey resources to match the Rajapaksa treasure and allowed Rajapaksa to come back for a third term; or would you rather that Rajapaksa was defeated by generating resources through available avenues? Now don’t give me all sorts of ifs and buts as is typical of petty bourgeois decision makers (like our economics scholars I referred to a while ago). Just tell me what your choice is? Assume there is no third option, no other practicable way of keeping out Rajapaksa. It’s a take it or leave it challenge.

As for me the overriding priority at the time was the ejection of Rajapaksa from the presidency – just imagine what Sri Lanka would be if he had pushed on to a third term! I don’t need to rub it in. Every thinking person sees the certainty of violations, robberies and highhanded destruction of democracy. If the regime had lasted the severe truncation of democratic and human rights and highway robbery would have been palpable enough. I guess Lenin felt like this when he turned a blind eye to Bolshevik comrades who occasionally robbed banks in desperate times. So my friends what then? If the hypothesised scenario had in fact come to fruition, will you bend morally to remove Rajapaksa or would you rather stay erect and perish like the boy on the burning deck? As for me, and I repeat, rescuing Lanka from potential dictatorship is priority number one.

Next let us hypothesise that Malik’s game plan in this US lobbying scandal was similar, that is kick backs for cronies or the party (not for himself since Malik is filthy rich in his own right). This time, if this hypothesis holds, I will not hesitate to damn and curse. (The possibility that this huge expenditure is justified does not cross my mind; this has to be some type of scam and if a scam someone is on the take). Why condemn this alleged case of graft and not another, the Bond Scam? That is precisely where morality is not rigid and absolute but relative to the circumstances in each case. Removing Rajapaksa is a very special imperative and the Sirisena crossover strategy a unique political opportunity. It is justified to raise funding by unconventional means to push/bring that strategy through to fruition. I see no such extenuating circumstances surrounding the US Lobbying scam. What is worse is that leaders are getting habituated to dicey behaviour.

Regarding instability in respect of fiscal policy announced, changed, changed again and so in only one case am I prepared to concede that Lanka’s populist democracy forced erratic decision making; that is the VAT issue. Broadly speaking President Sirisena represents the populist side (the shoulder to go and cry on) and PM Ranil is hard capitalistic policy realist. Actually this malleability enhances the ability of the government to ride through storms and functions as a stabiliser though sometimes vacillations are annoying. Well leaving aside the rocking of the stabilising mechanism on the VAT (announce-explore-react to protest-try again with changes) all other cases of policy inconsistency arose from mood swings among cabinet ministers, stupidities like the coal tender scam where everyone avoids responsibility, lobbies. The complaint that the government is inconsistent on economic policy measures over and above what unavoidable because of grassroots pressure is true.

The last matter is something I will dwell on next Sunday or the Sunday after. It is about the absurd amateurishness in planning our electricity system future. The Sampur coal power project in collaboration with India is the current case in point but this kind of thing has been the norm for 25 years. Whether there should never be another coal fired plant or whether a few with advanced environmental friendly technology is a separate and valid issue. What is at issue is the sheer amateurishness with which the project was cancelled, India’s polite refusal to endorse an erratic spur of the moment change of fuel and now Lanka’s desperate search for funding, collaborators, a site, starting electrical and harbour design to replace coal with a liquefied natural gas (LNG) alternative. Hard times lie ahead and on this sobering note I will sign off.

WORLD BANK WARNS GOVT ON AUDIT BILL: WILL SCRAP US$ 100 M LOAN

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Sri Lanka Brief04/09/2016

The World Bank has warned the government that it will scrap the US$ 100 million loan facility now in the pipeline for Sri Lanka unless the Audit Bill is tabled without delay in Parliament and approved by the legislature.

Leslie Kojima, Senior Financial Management Officer of the World Bank for the South Asian Region has discussed the matter with several senior officers of the Auditor General’s Department last Friday.

Ceylon Today further learns that the World Bank has pledged this loan facility to enable the country to break free of the economic morass it is mired in, but now with the proviso that the Audit Bill needs to be pushed through sans delay.

Implementing the Audit Bill and the Right to Information Act have become major issues which bodies such as the WB and EU have been focusing their attention on as they impinge deeply on fiscal transparency issues. Donors have all expressed deep appreciation of the strides taken by the government relating to steps taken to safeguard human rights, promoting the Right to Information Act and processing the Audit Bill etc.

President Maithripala Sirisena addressing the G-7 on 27 June this year promised to implement the Audit Bill as soon as possible.

However the Audit Bill which was to be tabled in Parliament in December 2015 was postponed until 31 March 2016. The government continues staggering its progress however. Opposition to the Bill has emerged from Ministers and MPs who resent some significant powers of the Auditor general being planned to be vested in a Commission or other body. Cabinet has directed the Draft Audit Bill to a Cabinet Subcommittee led by Minister Sarath Amunugama to remove so-called excessive powers now vested in the Auditor General.

All Trade Unions of the Auditor General’s Department protested the removal of the excessive powers of the Auditor General.

Auditor General Gamini Wijesinghe has meanwhile expressed his concerns about the many times that Draft Audit Bill has been apprehended in the recent past. He said that although a long time had elapsed with no Audit Commission being appointed, the Audit Bill was essential to mandate it.

Finally, a month ago, Prime Minister Ranil Wickremesinghe passed on the responsibility of pushing the Audit Bill through to a committee headed by his adviser on economics

“Catch 22” Position – Sri Lanka


Colombo Telegraph
By Lal Keerthie Fernando –September 4, 2016
Lal Keerthie Fernando
Lal Keerthie Fernando
To pronounce indictment on Yahapalanaya as being not up to the mark leads to more concern: What have Sri Lanka instead? Sri Lanka is faced with a situation lacking economic performance. This is what we read. However, its ability to coordinate, what is available; human resources, capital, labour and organisational availability is proceeding well. This does not mean investments in real terms are not taking place. Although, the government is able to borrow, it deliberately shows its lack of interest in doing so. It has two options as has always been. Go in for supplementary estimates in Parliament and ask for more or equally keep printing money. It has been prudent enough not to do so but have permitted the financial sector to borrow on their behalf.
Yearly statements of accounts of these sectors show, far positive results. Certainly, the banks are not printing their own money, hence, business is good. High prices also means higher profits. Banks, co-ordination of investment activities and capital, linking well with various Provincial Chambers of Commerce ought to remain a priority, instead, offering cheap credit, earmarked for increase in consumer spending. Savings don’t seem to give better interests encouraging further saving in today. Banks are moving in, one after another to the Provinces and other Regions. It’s a good sign too. European economies thrive well as regional banking performances are development orientated and doing well. Activation in virgin territory is guidance, there is no room for complacency. All these fiscal and monetary regulatives have remained well exposed for betterment.Ranil and Maithri
When Yahalpalanaya took over, the President, CBK and the Prime Minister had a far more priority which was the enrichment of the rule of law. Economic deliverance was part and parcel of wider good governance. They never envisaged the roots of corruption to be so deep that covered a wider area in governance. Amounts involved staggering with the law thrown overboard. Prime Minister as a lawyer himself, recently informed law enforcing personnel and bodies, “that they should be 200% certain and not 100% , leading to arrest and indictment of persons, involved in corruption”. This is precisely the situation in the country.