A victim's appeal to UN Human Rights Council - 'Don't abandon us'

A Tamil child holds a photograph of his missing father at a demonstration in Vavuniya earlier this year. Thousands of  relatives continue to search for their disappeared loved ones.

17 Sep  2016

The wife of a disappeared Tamil human rights activists has appealed to the international community not to forget the victims, in a passionate address to the UN Human Rights Council this week.

Arulvathana Stephen Sunthararaj told the council that,

“The UN staff and member states doesn’t seem to recognize these realities and appear to be losing interest in us, families of disappeared”.

She spoke of how victims such as her had raised hopes with the presentation of the OISL report, which detailed numerous reports of human rights abuses and led to a resolution being passed at the council calling for an accountability mechanism with international involvement.

However “progress in implementation has been slow and the government appears not to have political will to ensure rights of families of disappeared like me,” she said.

Abducted in 2009

Her husband, Stephen Sunthararaj, was the Project Manager of Centre for Human Rights and Development (CHRD) in Colombo. As part of his work he had told the then United States Ambassador in Colombo about prostitution rings run by government aligned paramilitaries in Jaffna, who were trafficking children into sex rings in India and Malaysia with the help of immigration officials.

Sri Lanka’s Special Task Force had initially attempted to force Mr Sunthararaj into a white van on February 12 2009, but after police officers witnessed the incident, he was instead arrested under the Prevention of Terrorism Act. After a two-month detention without charge, the father of three was eventually released on May 7 2009. He was abducted by unknown gunmen dressed in army uniforms whilst travelling in his lawyer’s car, a few hours after his release.

In December 2009, Sri Lanka’s then Permanent Secretary to the Ministry of Foreign Affairs, Palitha Kohana, admitted to US and EU officials that Mr Sunthararaj had probably been arrested by Sri Lankan intelligence officials. Yet, despite repeated efforts by his wife to locate him, he has still not been found, with police officials denying knowledge of his whereabouts. She told The Economist earlier this year that she could identify two if his abductors. She insists he is still alive.

“I got no answers for 7 years,” she told the council. “Like me, many other wives, mothers, daughters, sisters are in search of their loved ones. So we have lost faith in government initiated mechanisms.”

'Genuine consultations and international experts'

Mechanisms such as the recently passed Office of Missing Persons (OMP) were “rushed through parliament without genuine consultations” with the victims affected by disappearances, Ms Sunthararaj said in her address. “Families fear that it may obstruct our right to criminal justice and reinforce impunity, as it appears to lack linkages to a justice process. We want to make sure the OMP has strong involvement of families of disappeared and international experts.”

Her call for international experts echoes that made by the UN Working Group on Enforced Disappearances, who recommended "international judges, prosecutors, lawyers and investigators” to take part in a judicial accountability mechanism for human rights abuses, including disappearances in a report released this week.

Faith in government mechanisms seems belittled with reports of ongoing abductions, allegedly by Sri Lankan security forces. There have been abductions reported in the months before and after Sri Lanka ratified the UN convention on disappearances, claimed Ms Suntharara. Some have been “found in police custody,” she added. “Others fate [are] still unknown”.

She concluded by calling on the international community to ensure interest in the victims is not lost. A recent visit to the Tamil North-East by UN Secretary General Ban Ki Moon left victims such as Ms Sunthararaj disappointed. “The UN Secretary-General didn’t meet us during his visit,” she said. “I appeal to you not to abandon us. We need your help.”

Tamil relatives of the disappeared drawing attention to their plight as UN Secretary-General Ban Ki Moon visited Jaffna earlier this month.

See the full text of her address, on behalf of Forum Asia, here.

The business of business isn’t just only about creating profits 

Monday, 19 September 2016

The renowned economist Milton Friedman (1912-2006) preached that the business of business is to engage in activities designed to increase profits. He certainly in the current context got it horribly wrong. The business of business isn’t just about creating profits for shareholders — it’s also about improving the state of the world and driving stakeholder value.

As UN Secretary General Ban Ki-moon said recently, “We are the first generation that can end poverty and the last generation that can take steps to avoid the worst impact of climate change. Future generations will judge us harshly if we fail to uphold our moral and historical responsibilities.”

On the other hand, shareholder value creating is a refreshingly simple construct i.e. companies that grow and earn a return on capital that exceeds their cost of capital, create value. The 2008 financial crisis is the most recent reminder that when executives, Boards and investors forget their guiding principles, the consequence is disastrous – so much so, in fact, that some economists call in to question the very foundation of shareholder-oriented capitalism.

As a result of the meltdown, governments are now pushing hard for more regulation and fundamental change in corporate governance. Academics and even some business leaders have changed their focus from increasing shareholder value to a broader focus on all stakeholders, including customers, employees, suppliers and local communities.

Many of the companies that are now the world’s most admired put significant effort into engaging their stakeholders (employees, customers, partners) for a wide variety of things: explaining the vision, policies and beliefs of the company, communicating strategy and milestones, and often involving them in seeking solutions and new ideas.

As companies sought capital in the public markets and listings on international exchanges, they had to communicate their vision for not just the company — but the country as well. Companies making forays overseas had to work at winning the trust of customers and partners doing business with Sri Lanka for the first time. This process demanded strong corporate cultures.

Shareholder value

Creating shareholder value is not the same as maximising the short-term profits, and companies that often confuse the two, often put both shareholder value and stakeholder interest at risk. A system focused on creating only shareholder value, isn’t the real problem; short-termism is.

Great managers don’t compromise on safety, don’t make value by destroying their existing networks, just because their peers are doing it, and don’t use creative accounting or financial gimmicks to boost their short term profits, because ultimately such moves undermine intrinsic value.

What we need now more than ever before is a clearer definition of shareholder value creation that can guide managers and board of directors rather than blurring their focus with a vague shareholder agenda. Companies are better able to deliver long term value to the shareholders when they consider key stakeholder concerns; the key would be for companies to examine those concerns systematically in one go to create opportunities to deliver on both objectives and thereby build a sustainable business.

Balancing stakeholder interest

There is now a need for companies to focus on a broader set of stakeholders, not just shareholders. Therefore to create long-term shareholder value it is now necessary to satisfy other stakeholders as well.

A company for example that tries to boost profits by providing shabby working environments relative to competitors, by underpaying employees, or cutting back on benefits will have trouble attracting and retaining high quality employees. Lower quality employees means lower quality products, reducing demand and hurting reputation.

More injury and illness can invite regulatory interventions and more union pressure. Higher employee turnover would increase recruitment cost, loss of productivity and training cost. With today’s more mobile and more educated workforce, such a company would struggle in the long term to retain good staff against competitors offering more attractive incentives. However, if the company earns more than the cost of its capital, it might afford to pay above market wages and still prosper. Therefore treating employees well is always good for business.

Invest in people

One common trait amongst organisations that have emerged as winners was due to a concerted investment in people — from employees to channel partners. For example, to attract FDI into the garment industry, the industry had to build talent and fight hard to retain them, as new opportunities opened up. The new emerging sectors like tourism and technology services need to do the same thing.

The winning companies have invested in strong HR systems and continued to invest big in learning and development. The IT companies were the leaders in this process, as much of their growth depended on work from outside, but other well-known groups maintained their strong performance in large measure because of good HR policies.

Among the family-owned businesses that emerged stronger in Sri Lanka, there was a concerted effort to professionalise management. The hallmark of many of these companies has been creating a tough but meritocratic systems and investing in world-class facilities.

Conclusion

But how well is well enough? A shareholder focus doesn’t provide an answer. Stakeholders’ focus does. Shareholder capitalism has taken a huge beating in recent years, and given the complexity of the issues, it is unlikely that either the shareholder or stakeholder model of governance would be seen to be far superior to each other.

However, a shareholder model thoughtfully embraced as a collective approach to present and future value creation is the best at bridging the board and varied interest of the shareholder and other stakeholders alike and the best path to broad economic prosperity and to finally make good money.

In the final analysis this would however requires decisive leadership; to make the “new normal” better than the old one. Sadly, the world is short of decisive leaders!

(The writer is a HR thought leader.)

GMOA: Doctors are more equal than others

2016-09-20

he grade- one school admission is high-stake business. Parents play every magic and trick to get their kids to a good school, and at times in the past, the CID was tasked to investigate forgery and irregularities in the process. It is also an exhausting process; injurious for both physical and financial health. Now the government’s medical doctors have chipped in. The Government Medical Officers’ Association (GMOA) has demanded that the children of its members be given admission to top-notch public schools. 
The Government has refused. The aggrieved doctors staged a token strike in several Government hospitals.
The Education Minister has argued that acceding to the GMOA demand would wreak havoc in the established framework on the Grade One school admissions. There is another reason for him to worry: If he accedes to the GMOA’s demand, there will be many other professional bodies to follow suit. 
This would in effect create reservations in the education system for the offspring of the rich and the powerful at the expense of the children of the average folks. That is against the basic premise of the free education policy in this country, which was meant to create equal educational opportunities for all children irrespective of their social and economic backgrounds. 
The good doctors were among many millions of others, who benefited from that system. For them to demand special privileges within a system, which serves as a great social equaliser, smacks of a heavy dose of hypocrisy.

One does not need to be a psychoanalyst to see an extreme sense of entitlement and self –importance in the latest posture of the GMOA. But, how did things get there?
There may be many explanations, however one stands out. Various monopolistic conditions nurtured by successive Governments have created an unequal status quo in, which those privileged groups feel they are more equal than others. 
They are, of course, entitled to certain privileges by virtue of their very professions and scarcity of their skills, thus the market forces favour them. However, a closer look at their profession would reveal some of that scarcity is self- perpetuated. 
Some regulatory mechanisms are scripted to keep competition away, and to limit the number of new entrants into those professions. So, doctors strike when nurses are allowed to take degree level courses; Nurses strike when the midwives are permitted to take educational courses that would challenge former’s sense of professional superiority. 
Engineering students fight running battles with the NDT students over the academic recognition of each other’s diploma. Students in State universities protest against deserving students having an education at private universities.
Humans are rational, and by extension, self-seeking. However, the extreme manifestations of cut- throat selfishness in union activism in this country, is made possible by the entrenched monopolistic conditions. 

First, in the absence of competition, it makes it easier to blackmail the State. Second, the highly restricted nature of the coteries of elites or the future elites gives them an inflated sense of entitlement. Thus, one could make the most outrageous demand keeping a straight face.

Third, in the absence of competition, what you get in overall is substandard talent and service. Thus monopoly leads to inefficiency, which in turn creates fewer opportunities. When there are fewer opportunities, they tend to have more power and influence concentrated in them. Those who, somehow land in one of those esteemed positions, naturally try to perpetuate that status quo, and implement means and ways that would curtail competition. This is, therefore, a vicious cycle.
This is not a new problem. Take for instance our historical experience. The first three decades since Sri Lanka’s independence is also a period of abysmal economic growth and squandering of the comparative advantages that the country was bestowed at its independence. (Those who cherish those years as the country’s golden years- very few do in fact consider the 70s as good times though-, however overlook that point). 

"The first three decades since Sri Lanka’s independence is also a period of abysmal economic growth and squandering of the comparative advantages that the country was bestowed at its independence"

At the independence, our GDP per capita was 80 US$. In 1978, when the economy was finally opened up, it was still US $193. For thirty years, Statist economic policies and a so called middle way, which proved to be a road to nowhere, generated inefficiency, lower growth and misery. 
During the same period, countries in East Asia and South East Asia, which followed liberal economic policies recorded phenomenal growth rates, created wealth and modernised their economies. Countries learn from the successful practices of others and emulate them. It is not fair to say that our past leaders did not see the unfolding economic miracles in some parts of the world, which should have proved them the very failure of their own economic policies.  
Of course, most of them did not have economic vision or guts of J.R. Jayewardene, who finally unshackled the economy. However, they were also hostages of vested interests of a privileged few, who thrived in the then prevailing monopolistic conditions. 
Thus the local industrialists, who were shielded from competition, made a killing by churning out kerosene smelling textiles to the hapless public, who were forced to queue up to buy them. 
Sri Lankan economy grew at an annualised rate of a meagre 2.5 per cent during the period of 1970-1977. Monopoly perpetuated misery. Many of those inefficient industries went bankrupt when JR liberalised the economy, but, in a matter of years, competition and liberal reforms helped us export apparel to the Western markets. 

"So, doctors strike when nurses are allowed to take degree level courses; Nurses strike when the midwives are permitted to take educational courses that would challenge former’s sense of professional superiority. "

Why we failed to climb the manufacturing ladder lately is a different story, but the dismantling of that inefficient closed system paved the way for whatever economic and social opportunities we enjoy today.
Like JR, whose 110th Birth Anniversary fell last Saturday (17) discarded monopoly, dismantled the licence raj of the bureaucracy and unleashed the spirit of the people, the incumbent administration should cut to the size the unduly privileged few, whose excessive self-entitlement comes at the expense of the majority public. 
That should be achieved by creating opportunities to the others, and getting rid of regulations that perpetuate monopolistic conditions. However, like the old guard in the 70s did, the new professional elites in the 2000s would fight back to retain their privileges. 
That may explain the GMOA’s grouse with the private medical schools. So, it would not be an easy task, yet, one has to begin from somewhere, like JR did some 38 years ago.

Police have done better in H’tota

By Rathindra Kuruwita and Umesh Moramudali-2016-09-19

The need to reform Sri Lankan Police once again came to the fore after the recent controversy in Hambantota when it was found that policemen changed the report to suit their agenda. Speaking to Ceylon Today, a member of the Committee on Police Reforms Rajith Keerthi Tennakoon said the status of Police reforms is long overdue.

? Another controversy surrounding the Police took place earlier this month when it was alleged that a 20-year-old youth had disappeared while in custody of Hambantota Police. While many speculated that he might have been tortured and killed by the Police, he had actually escaped from custody and later surrendered. However, four officers were suspended for not following the proper procedure. For almost a year there has been a discussion on Police reforms, of which you are a part of, but does this incident mean that nothing has changed?

A: There have been constant allegations against the Police, especially during the Mahinda Rajapaksa administration, and it is one of the reasons why Police reforms were initiated. Sri Lankan Police has an organizational culture, which I think most of us agree needs to change, but this culture was formed as a response to external and internal factors. The factors are complex and interwoven. Because of this complexity it will take time for Police reforms to make a complete turnaround.

A Police Commission has been appointed and initially they addressed internal issues faced by policemen. They have looked into and are still working on promotions, salaries, and issues faced by female Police officers. In recent months they have also looked at issues which have arisen due to interactions, often negative, between the Police and the public.

When the incident in Hambantota was reported, the Police Commission as well as the IGP deployed special teams. Unlike what transpired in Embilipitiya, those involved in the matter were punished swiftly. While the policemen have neither tortured nor killed the youth, as some speculated, it has been found that the policemen at Hambantota Station had altered their records to hide facts about the arrest or to cover up their mistakes. This is a dangerous revelation because it shows that altering facts to suit the wishes of policemen are common. While the response of the Police hierarchy in handling the issue has seen an improvement from how they handled the Embilipitiya incident, we still have a long way to go.

? You spoke of the complex and interwoven factors which have created the current organizational culture of the Police. Can you elaborate?

A: Let me first talk about why reforming the Police is important. Why must we reform the Police? Not only because the people have been complaining about the Police but also because a professional Police service is essential to ensure that law and order prevails in the country. We need a professional Police service to investigate financial crimes, and to ensure the prevention of crimes. A professional Police service is necessary to enforce environmental laws, so that people will not act to natural disasters.

A vast area is covered by the Police and if they can't adapt to the changing external environment, the country will be heading for disaster.

An independent Police Commission was established by the 19th Amendment and it has a significant role to play in the reform process. It has taken important steps to reform the Police but the commission alone is not enough to change the organizational culture of the Police. If you take a look at the Police Ordinance you will see that it has been prepared to address pressing issues 150 years ago and is completely outdated. The Police Ordinance was passed to protect the property and the rights of the privileged colonizers; it's not about protecting the average citizen. It has to be changed.

Our policemen are not trained or provided with the latest technology to help their investigations. For example, Police hardly use CCTV technology for traffic offences. It has been found that automating traffic enforcement technology regarding traffic offences is the best way to minimize taking bribes by policemen. There will be an initial investment cost to establish such a system, but in the long run it would mean that the government does not need to assign a significant number of policemen for traffic duty. Those who are currently deployed as traffic policemen can be used for other areas that need attention, be it community policing or investigating financial crimes. If you look at the world, many governments have turned to automated enforcement to control speed and reduce red light violations without diverting law enforcement resources from other areas.

One of the main reasons why the Police use torture is that they have not been trained or equipped with the tools necessary to elicit information from suspects without the use of force. We must remember that most of the time Police are under tremendous pressure to show quick results regarding cases and torture is used to achieve this end.

? You spoke of the great pressure exerted on the Police to show quick results. This is especially true regarding cases highlighted by the media. For example, during the murder of Seya Sadewmini at Kotadeniyawa, there was a massive media coverage on the issue and the Police were continuously criticized for not making a breakthrough quickly enough, which compelled them to arrest a number of suspects, torture them and elicit false confessions. How can we address this issue?

A: Most people don't look at the big picture. You will often find that the same people who criticize the Police when instances of torture are shown in the media also tend to be vocal when quick results are not shown. We have a Police that lack resources and do not have access to the latest technology and when they are pressed to show quick results often they try to find short cuts to solve cases. This is really dangerous.

Journalists and the public should be made aware of the realities faced by the Police force. And the Police need to be honest and transparent. If there are delays in making a breakthrough, all parties need a change in attitudes.

? You have said in the past that policemen are the unhappiest employees in Sri Lanka. Can you elaborate?

A: If you ask any policeman he will tell you that there are issues from their uniforms to their working hours. For example, any other government servant works eight hours a day but a policeman often has to work for 12 hours.

Most of the policemen have been tutored during the era of suppressive, draconian legislations. Prevention of Terrorism Act (PTA) has been operational since 1979 and in the last three and a half decades we have seen policemen abusing this draconian law to the extreme. Remember that sick joke of "Ayuda pennanna aran yanawa" (taking a suspect to detect a hidden cache of weapons)? The Police method of criminal justice for many years was summary execution. What did they do during protests? They use tear gas, water cannons and brutally assault the protesters. They do this even when the government does not order them to do so.

On the other hand, policemen are not promoted not on their merit but service. Although there are thousands of policemen they have not been promoted even after completing the necessary number of years in service. It is a mess and everyone is unhappy because they feel that there is no career progression.

? You have also been involved with the Bribery Commission, which seems to be taking a series of high profile actions in recent weeks. Do you think that after a long wait, Sri Lankan anti-corruption agencies are getting into gear?

A: It's very heartening to see a number of cases being filed against high profile persons. It's good to see that investigations have been expedited. However, we also need to work on introducing new legislations against corruption in line with globally accepted standards. This is the first challenge.

While the commission and the FCID are filing cases it seems that these cases are hardly processed beyond the Attorney General's Department. There are continuous delays from the Department and we also need to fasten the pace of hearing these cases. A special Court should be established to hear such cases.

? What is the problem with the Attorney General's Department? Civil Society organizations earlier blamed the Attorney General for delaying action against corruption but it seems that nothing has changed with the new Attorney General?

A: The problem is two-fold. One is that the department has limited resources. There is a lack of resources and there is a shortage of staff. The other is the organizational culture of the Attorney General's Department. They are well known for delaying cases and not to taking action to prosecute offenders. Those are the stumbling blocks.

? The other issue is the delaying of Local Government elections. It seems that the review committee on the 2012 Delimitation Report is taking an unusually longer time and delaying the holding of elections. The delay has caused a lot of problems. Today a citizen cannot get any service from a local council without offering a bribe. Under what law has the government appointed commissioners and special 

commissioners? It is said that we now have a Yahapalana Government and there is transparency. But the way it has acted, over local councils is a blatant violation of the law. It's the tax payer of the country who suffers. The President and Prime Minister do not seem to understand that people are critical of the government because nothing is happening at village level. Today MPs have to look into the garbage problem because local councils are not functioning. When a road is dilapidated, it was the local council that fixed it. Former local councillors now change the light bulbs themselves. The special commissioners only work from 8 a.m. to 4 p.m.

A: Earlier, people got these thing done, regardless of party politics, from the local councillor of their village. Now 300 local councils are governed by special commissioners. This is illegal. Elections are not held because a few ministers are afraid of losing votes. They give numerous excuses. Now they talk about technical issues. If the Ministry of Local Government could not settle technical issues in nine months, the government should change the system. Now chief ministers dish out their funds via selected former local councillors. Today the local councils have become a den of thieves. The President and Prime Minister must put an end to this.

Maithripala Sirisena Is NOT The World’s Best President

September 19, 2016 

President Maithripala Sirisena was adjudged ‘the World’s Best President’ over the weekend but here’s the thing – he is NOT and the news item is bogus!

At first glance when you click on the website above you would think the article is published on the highly reputed Guardian newspaper website, but on closer inspection you will realize that the website is in fact Guard1an with a ‘1’ and not Guardian with an ‘i’.

The article has received at least 10,000 likes with several unsuspecting Sri Lankans also going on to congratulate and criticize Sirisena in the comment section. The story however is entirely bogus although it carries a statement supposedly given by Sirisena himself.

The website says that Sirisena was adjudged as the world’s best president by a Technical Committee made up of experts from reputable International Civil Service Organizations and think Tanks.

The story claimed that there has been ‘rapid development’ since he assumed office in January 2015.

On investigation, it was found that the website carried many similar articles like this since August. For example, apart from Sirisena, the Presidents of Cyprus, Botswana, Ethiopia, Zambia, Philippines, and Tanzania among others have been adjudged ‘World’s Best President.’

Read More

SRI LANKA: YOUTH ARRESTED FOR RECORDING FOOTAGE OF PRESIDENT’S HELICOPTER

17/09/2016

Youth Arrested For Recording Footage Of President's Helicopter

A 26 year old was arrested by Bambalapitiya Police for recording the helicopter of President Maithripala Sirisena as it landed at Police Park Grounds yesterday afternoon.

This occurred when the helicopter landed at the ground when the President returned from Ratnapura.

The arrested individual is a driver residing in Wellawatte.

He has told police that he recorded the incident as he liked it.

The CID is conducting investigations.

Asian Mirror

‘Colombo International Financial City’: Money laundering hub?

Tuesday, 20 September 2016

The controversial Chinese funded ‘Colombo Port City’ project has been re-christened also without public consultation as ‘Colombo International Financial City’ to establish an offshore financial centre as the centrepiece of the re-claimed land adjoining the Galle Face Green. It is said to “fill the vacuum between Singapore and Dubai” and touted as a “major income earner and an employment provider for Sri Lanka”.

This is all well and good if the country like Singapore has a pool of competent legislators and civil servants with integrity and a track record of adherence to the rule of law. Sadly there is no comparison. Of course Sri Lanka scores on democratic values which are dwindling.

The lack of transparency in responding to public concerns on environmental, land alienation, land use and employment issues is not the focus of this article. Its focus is on the integrity of the ‘Colombo International Financial City’ which is dependent on the political will to have and comply with internationally accepted accounting/financial standards and regulations.

If there is any breakdown or compromise as is the wont in this country, the ‘Financial City’ may end up as a hub for money laundering by drug dealers, arms dealers, the mafia, politically induced corruption and as a source of terror funding.

Given the political and socio-economic ground reality of present day Sri Lanka, it is difficult to envisage an ethical and transparent ‘Colombo International Financial City’ respecting the rule of law

Political will

Examples galore under successive administrations of there being no political will for transparency in governance and upholding the rule of law particularly since then President J.R. Jayewardene in the post 1977 period is said to have issued the invitation – “Let the robber barons come!”

In the area of financial services under the present Yahapalanaya government there is no better example than the alleged Central Bank Treasury Bond scams which are still festering and the failure of the new Governor to restore the battered credibility of the CB through a transparent in-house investigation to determine whether due process was breached and by whom.

Other examples under Yahapalanaya include (i) credible allegation of the shameful attempt by a Cabinet sub-committee to make the ‘National Audit Bill’ ineffective by the removal of some key provisions (ii) farcical ‘Constitutional Council’ for good governance where seven of its 10 members are politicians. The purported ‘independent’ commissions are established under it and the CC recommends appointments to key State institutions which include the Judiciary.

There is also no political will to get to the root of credible allegations of financial and other crimes under the Rajapaksa administration and hold those concerned truly accountable. This is most likely a continuation of “You scratch my back and I’ll scratch yours” syndrome which is a feature in this country not necessarily confined to politicians. Any deviation from this practice will most likely be for political or pecuniary expediency.

Under the circumstances, is it reasonable to expect the ‘Financial City’ to be administered with integrity?

Heroin detections, casinos, floating armoury

If frequent detections of large quantities of illegally-trafficked drugs such as heroin on the high seas is the  tip of the iceberg, Sri Lanka may well be on the way to becoming a regional hub for illicit drugs. There are allegations of a nexus between drug dealers and politicians. Stories doing the rounds of widespread corruption in the customs establishment in the context of the alleged extravagant lifestyles of many customs officers does nothing to allay the fears one may have in the integrity of the proposed ‘Financial City’.

Although not much is heard today of the proposed setting up of large casinos initiated during the Rajapaksa administration, the public are all at sea on the actual position under the current Yahapalanaya Government. The rate at which the Sirisena-Wickremesinghe administration are resurrecting Rajapaksa initiated projects which they condemned in the run-up to the elections, the country may also be on the verge of becoming a regional casino hub with all its likely implications for money laundering and mafia activities.

It is possible that the feasibility of some major property development investments in the heart of Colombo is dependent on the establishment of large casinos. The writer is not stating that establishing casinos per se is all bad. In this day and age it can be argued it is inevitable particularly if tourism is going to be a major contributor to the economy. What needs to be flagged is that there must be appropriate laws and regulations which are enforced and zero tolerance of corrupt practices. Is this likely in the Sri Lanka of today? Will the Government shed clarity on this issue?

Much controversy also surrounds the legality or otherwise of the activities of Avant-Garde Maritime Services Ltd. said to be operating a floating armoury on the high seas and alleged to be engaged in money laundering. The Government claims it has led to the country incurring a loss in excess of Rs. 11 Billion. Confusion is worse confounded after two senior Cabinet ministers in the Yahapalanaya government allegedly defended Avant-Garde after which one of them resigned.

This is the ground reality in a country that proposes to have an ‘International Financial City’ to function as an offshore international financial centre.

CA Sri Lanka – Corruption

Given the political and socio-economic ground reality of present day Sri Lanka, it is difficult to envisage an ethical and transparent ‘Colombo International Financial City’ respecting the rule of law. A major impediment are influential sections of our professionals – particularly Chartered Accountants/Auditors and lawyers.

I state with responsibility that CA Sri Lanka (Institute of Chartered Accountants of Sri Lanka) which regulates the country’s chartered accountants and auditors is corrupt. After all, chartered accountants and auditors are the first line of defence against corruption in all entities dealing with financial resources.

I ask, could the alleged terrible corruption and abuse of power under the Rajapaksa administration have taken place without the complicity of professionals and business leaders?

Let me emphasise – this by no means exonerates wrongdoing by politicians. They must be held accountable for their command responsibility.

The integrity of CA Sri Lanka is heavily compromised due to its shameful conduct after my complaint made as far back as 8 August 2005 of professional misconduct by the Sri Lankan affiliates of PwC and Ernst & Young in the fraudulent privatisation of the Sri Lanka Insurance Corporation (SLIC). To date it has not concluded its investigation, has reneged on its undertakings given to me and kept me the complainant in the dark. This is notwithstanding several written reminders. 

The undertakings include:

(i) “to complete the investigation early and transparently.” (Ref. e-mail of 13 March 2006)

(ii) “After investigation is completed you will be informed of the determination.”  (Ref. e-mail of 18 March 2006)

(iii) “The rationale for the determination would be given” (Ref. e-mail of 18 March 2006) 

Notwithstanding these written undertakings, I was informed by Secretary, CA Sri Lanka in his

‘Registered’ letter dated 3 August 2016 marked ‘Confidential’:

“The Council has directed me to inform that the Council appointed committees to inquire into your complaint and the proceedings of the said inquiries are now concluded.

Therefore, we wish to inform you that this matter is now closed.”

Does this not confirm CA Sri Lanka corruption? It is appalling that CA Sri Lanka keeps a major public interest issue ‘Confidential’!

While PwC (Indonesia & Sri Lanka) functioned as Consultant, Investment Banking and Legal Advisory Services to the Government of Sri Lanka, Ernst & Young (Sri Lanka) were the Auditors to SLIC.

In the context of all ‘Partners’ under the ‘Partnership’ law in Sri Lanka being ‘Jointly and severally’ liable for any wrongdoing, my demand that CA Sri Lanka:

“forthwith discloses in the public domain the identity of those who were ‘Partners’ of PwC and EY for five years prior to 11 April 2003 which is the date on which the scandalous SLIC privatisation took place” has been ignored.

It is outrageous that some Partners falling under this period are appointed directors of quoted companies and banks. Some have even been appointed to the Quality Assurance Board of CA Sri Lanka!

It is baffling why even those purportedly battling corruption such as Friday Forum and its  convener – Chandra Jayaratne, Transparency International Sri Lanka and its leading light – J.C. Weliamuna, Citizens’ Movement for Good Governance and its President – Dr. A.C. Visvalingam  steer clear of naming and shaming and demanding accountability from the Partners concerned of PwC and Ernst & Young faulted for grave professional misconduct by the Supreme Court, Parliament’s watchdog COPE, the Attorney-General and CA Sri Lanka’s Ethics Committee itself in the scandalous SLIC privatisation.

It is in this context that unbridled corruption flourishes with impunity. 

Conclusion

An article in ‘The Guardian’ titled ‘Dubai›s dark side targeted by international finance police’ inter alia alleges:

“Fears are intensifying that the emirate has become a global centre for terror funding, money-laundering, drug money and mafia cash”

“United Arab Emirates is not so much awash with vast oil wealth but built on a toxic tide of illicit cash: a place where Russian mafia and drug cartels clean their dirty cash and alQaida finances terror atrocities. And at its heart is Dubai, a world financial centre”

Will the same be true of the ‘Colombo International Financial City’?

SRI LANKA: Forensic inquiry must be conducted into the death at Pussellawa police station

September 19, 2016

Kaviratne Raviraj, 30 years old, arrested and taken to the Pussellawa police station by some plain clothed police officers and was later pronounced dead upon admission to the Pussellawa Hospital. According to the relatives of the deceased, he was assaulted by the officers at the time of the arrest, and one of his brothers states that he saw his brother being assaulted inside the police station.

Large crowds gathered on learning of this death, protesting against what happened to the deceased at the police station. The protestors stated that if such killings occur at police stations, it is not safe for them to go to a police station. As a result of the protest, one Sub Inspector and one constable have been suspended. However, the crowd demanded that the OIC should be suspended immediately.

Although the police claim that the man hung himself with his own t-shirt, and committed suicide, the protesters did not believe the police story. The Asian Human Rights Commission (AHRC) calls for a comprehensive forensic examination of Raviraj’s body by an independent judicial medical officer. A proper judicial medical examination will establish whether the death was from suicide or not. Similarly, whether the deceased was assaulted at the time of arrest and while at the police station can also be verified by such a forensic examination.

Going by past experience, the police behaviour under such circumstances is to ensure that no proper inquiry takes place, and to attempt to influence officers to getting favourable reports for themselves. It is thus essential that the Inspector General of Police should first and foremost remove the Officer in Charge of the Police Station (OIC), and all Senior Officers, in order to remove the possibility of interference into the inquiry.

The AHRC has consistently pointed out that on all matters relating to torture and ill treatment, and any other illegal activities taking place inside a police station, it is the Assistant Superintendent of Police (ASP) in Charge of the police station that should be taken to task immediately. Past experiences demonstrate that such ASPs often try to interfere with proper inquiries so as to exonerate the police officers against alleged charges.

In recent times, the Inspector General of Police and Senior Police Officers have been making many statements that they are engaged in ensuring a change in the pattern of policing in Sri Lanka, and in ensuring that the police behave in a responsible and a friendly manner towards the public. The National Police Commission has even put forward a Code of Conduct for the police. Meanwhile, the Human Rights Commission of Sri Lanka has repeatedly stated “a Full Stop to Torture,” which is one of their major policies.

The Minister of Foreign Affairs, Mr. Mangala Samaraweera, speaking on behalf of the Sri Lankan Government, was categorical in condemning the use of torture and ill treatment and also promised the Human Rights Council that he will send instructions to the police and the military, on the prevention of torture.

All such public declarations can be tested on an occasion like the alleged hanging of a man inside a police station. This story is not at all a new one; it is heard a few times every year. By observing what happens afterwards, the AHRC has learnt of the highly manipulative process that takes place, ensuring that no credible inquiry occurs. The large crowds that gathered around the Pussellawa police station are quite an indication of public feeling throughout the country about the police’s conduct.

The AHRC thus urges the Government, the IGP and all other relevant institutions such as the National Police Commission, the Human Rights Commission of Sri Lanka and also the recently appointed Torture Committee under the National Human Rights Plan for Action, to demonstrate where they stand. Is the same old story of a cover up to be repeated again, or will the people witness a proper inquiry conducted into the death of a person at a police station?

DIG Vass, wife, son, 5 others indicted in SLIIT abduction case


2016-09-19

Colombo High Court served indictments on former DIG Vass Gunawardena, his wife Shamalie Priyadarshani Perera, son Ravindu and five other Police officers of the CCD, who had been named by the Attorney General as accused in the Nipuna Ramanayake assault case.

 Today, when the case was called before High Court Judge Iranganie N. Ranawaka Gunawardena the Attorney General served the indictments on the eight suspects. Consequently the Judge fixed trial for February 6, 7 and 8 next year. 

The Judge released six, other than Vass Gunawardena and Ravindu Gunawardena, on bail.

 The passports of the accused, release on bail were impounded, and they were ordered to appear before the Special Crimes Division OIC of Police Headquarters on last Saturdays of every month. 

The accused were indicted for abducting Nipuna Ramanayake, a 21-year-old student of the Sri Lanka Institute of Information Technology (SLIIT) at Malabe on August 09, 2009 at gun point and for assaulting him for several hours, over a personal feud by Ravindu, his mother and a group of Police officers. 

Accused Gunawardena and his son Ravindu were produced in court from the prison where they were remanded for the killing of Bambalapitiya businessman Mohammed Shiyam. (Shehan Chamika Silva and Farook Thajudeen)

SriLankan Airlines: Insufficient Fuel On Board Heathrow Flight Forces Diversion To Gatwick

September 19, 2016 

A SriLankan Airlines flight operating from Colombo to London Heathrow on the 15th of September 2016 was forced to divert to London Gatwick due to insufficient fuel on board.

The scheduled SriLankan Airlines flight piloted by Capt. P. Manathunga was sent into a holding pattern by the Air Traffic Control tower prior to its arrival into London Heathrow.

Sensing insufficient fuel after completing a few minutes in a holding pattern, Capt. Manathunga was then forced to divert to London Gatwick instead.

It is reported that the Airbus A330 – 300 aircraft utilized to operate this flight with registration 4R ALR, though being delivered brand new last year has been experiencing a fuel hiding recurring problem. The faulty glitch is where approximately two tons of fuel mysteriously goes missing in flight.

However in order to minimize the delay into London Heathrow and to escape any surcharge for departing at night, Capt. Manathunga extended the flight duty periods of both the Pilots and Flight Attendants using “Commander’s Discretion”.

The flight finally departed for London Heathrow almost two hours later after the aircraft was refueled at Gatwick.

Meanwhile a pilot of another airline traveling as a passenger said “This is absurd. Any flight operator should carry the fuel required for the trip and to his destination alternate, plus 3o minutes of holding fuel at destination or destination alternate plus contingency fuel of 3 % to 5% of the total fuel carried which are all specified in the Flight Operations Manual and approved by the operator’s Civil Aviation Authority. This is the norm. Had the procedures been followed to the letter, this situation would not have arisen. The Question is, did the captain carry less fuel to accommodate more payload ? or was there a discrepancy in the actual baggage weights which contributed towards incorrect fuel planning by the flight dispatchers? or was there a miscalculation in the “Performance Factor” of the aircraft which resulted in giving a lesser fuel burn for the trip on paper during planning? the passengering pilot asked.

Coincidentally the Pilots Guilds President Capt. Renuke Senanayake who flew the same aircraft the very next day to Frankfurt decided to carry an extra ton of fuel knowing fully well of the incident that took place the previous day over London.

Meanwhile certain members of the ALPGSL who felt let down by Capt. Manathunga’s decision to extend the flight duty period complained that he had not adhered to the collective decision that was taken by his fellow member pilots at their recently concluded Emergency Meeting. This is where over 60 pilot members of the ALPGSL collectively agreed to only fly their ‘published roster’, not fly on off days and not extend flight duty periods in protest of their member and Senior Capt. Sujith Jayasekara being suspended by the airline for his alleged refusal to be breathalyzed prior to operating a flight recently.

Sources confirmed that Capt. Manathunga had contacted his ALPGSL President Capt. Renuke Senanayake from London Gatwick after he had diverted seeking advice on his next course of action. The Guild President had then instructed Capt. Manathunga to extend the flight duty period and proceed to London Heathrow.

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Congo authorities ban demonstrations after two policemen killed

Police fire teargas at crowds in Kinsasha during opposition demonstration calling for President Joseph Kabila to step down

Authorities in the Democratic Republic of the Congo have banned an opposition demonstration after two policemen died in clashes with protesters calling for President Joseph Kabila to step down.

Agence France-Presse in Kinshasa-Monday 19 September 2016

Police had fired teargas to disperse hundreds of stone-throwing opposition supporters in Kinshasa on Monday as they tried to march on parliament ahead of a planned mass demonstration to demand that Kabila quit power when his mandate runs out in December.

A government spokesman, Lambert Mende, said that two policemen were killed in violence against the ruling party office in Kinshasa’s volatile Limete area.

A Catholic nun said one of the policemen had been burnt alive.

“We have now banned the demonstration,” Mende said, accusing the opposition of “targeted looting”. “These are people who had prepared to create total disorder,” he said.

Earlier youths shouting “Kabila get out” threw stones at police on a main avenue in the heart of the city of some 10 million residents.

Tyres burned and plumes of smoke rose from a burning car and minibus.

The demonstrators waved the blue-and-white flags of the veteran Congolese opposition leader Étienne Tshisekedi, 83, whose movement had called for nationwide protests to demand that Kabila steps down on schedule.

Kabila, who has the ruled mineral-rich DRC since 2001, is banned under the constitution from running for a third term, but he has given no sign of intending to give up his job.

Congolese policemen detain opposition activists in Kinshasa. Photograph: Kenny Katombe/Reuters

Before the clashes, opposition activists burnt a giant poster of the president bearing a message appealing for the two sides to reach a solution to the political crisis through dialogue.

Youths were blocking traffic on Lumumba boulevard, a main artery, letting only journalists through.

A diplomatic source reported further clashes in several places on the road to the capital’s airport.

France has urged Congolese authorities to ensure that any delay in holding the next presidential election was as short as possible, and called on the government to respect “public liberties, especially the right to demonstrate peacefully”.

Kinshasa was eerily quiet and schools were deserted in several districts, with parents preferring to keep their children home for safety, and many shops were closed.

The country’s second biggest city, Lubumbashi, was similarly tense, with soldiers and police out in force around public buildings and opposition neighbourhoods.

Protests erupted after the constitutional court ruled in May that Kabila, who took power after his father, Laurent Kabila, was assassinated, could remain in office in a caretaker capacity beyond his mandate.

No elections have been announced and it is doubtful that a poll could be organised before the end of the year.

Tshisekedi, who returned to DRC in July after a two-year absence, is an immensely popular figure who emerged as a leading dissenting voice as far back as the 1980s, when he was a critic of the military dictator Mobutu Sese Seko.

He has now accomplished the rare feat of uniting the Congolese opposition, which has never before managed to forge a common front against Kabila, who beat Tshisekedi in the last presidential election in 2011.

Suspect in New York, N.J. bombings taken into custody

At least 29 people were injured in an explosion in the Chelsea neighborhood of New York City Sept. 17. Here’s what we know so far. (Deirdra O'Regan/The Washington Post)

By Renae Merle, Matt Zapotosky, Amy B Wang and Mark Berman-September 19 

ELIZABETH, N.J. – Authorities on Monday apprehended 28-year-old Ahmad Khan Rahami — wanted in connection in with two bombings Saturday, in Seaside Park, N.J., and Manhattan  — after an apparent shootout with police, according to the mayor of Elizabeth, N.J.

An explosive device detonated as a bomb squad robot attempted to disarm it Sept.18. This was one of multiple devices found in a suspicious package near a train station in New Jersey.(Reuters)

Elizabeth Mayor Chris Bollwage told reporters that Rahami was taken into custody in Linden, just south of Elizabeth; two officers were shot, one in the hand, one in the vest, the mayor said. But Bollwage noted that it was unclear who shot the officers.

Rahami was also shot and was taken away in an ambulance, the mayor said. Video on CNN showed the suspect being wheeled into an ambulance, hands cuffed, eyes open.

New York City Mayor Bill de Blasio said officials will not jump to conclusions or offer "easy answers" in relation to a deliberate explosion in Manhattan's Chelsea neighborhood that injured nearly 30 people. (Reuters)

 President Obama sought to reassure the public Sept. 19, after a series of explosives were planted in New York and New Jersey over the weekend. (The Washington Post)

Police and the FBI had announced earlier Monday they were seeking Rahami in connection with the bombings in New Jersey and Manhattan, though his role in the incidents remains unclear.

Rahami is a U.S. citizen of Afghan descent born in Afghanistan, according to the FBI; law enforcement officials said they were investigating whether he could have been influenced by international militant groups or the ongoing conflict in his homeland.

The FBI added Rahami to its “Most Wanted” list Monday, noting that he should be considered armed and dangerous.

The announcement came after authorities took five people into custody Sunday night in connection with the Chelsea bombing, and their counterparts in New Jersey worked to render safe “multiple improvised explosive devices” discovered at a train station in Elizabeth just across from Staten Island.

Authorities have not yet confirmed any connections between the devices discovered in Elizabeth on Sunday night and the earlier bombings. A federal law enforcement official told The Washington Post they believe all three cases to be linked and are still questioning the five people who were taken in Sunday. 

They would not say whether the five were linked to Rahami or how Rahami’s family fit in, if at all.

FBI agents also launched an “operation” at an address on Elmora Avenue in Elizabeth, about a mile away from New Jersey Transit’s Elizabeth station. Court records show members of the Rahami family live and work at the address, where a restaurant called “First American Fried Chicken” is located on the ground floor.

Court records show that several members of the Rahami family had owned and operated the restaurant since 2002. It is unclear when Ahmad Rahami himself lived there or what role — if any — he had in the business.

Bollwage, the mayor, said Monday that there was no one in the house or restaurant, adding: “I am not aware of where the other members of the family are at this time.”

In 2011, the Rahami family sued the City of Elizabeth and several police officers, alleging they had been inappropriately cited for keeping their business open past 10 p.m. and harassed by police.

They alleged a man in the neighborhood told them “you are Muslims” and “Muslims make too much trouble in this country” and complained unfairly to law enforcement, who singled them out “solely on animus against [their] religion, creed, race and national origin.”

In one instance, they alleged, two Rahami family members were actually arrested for attempting to record a conversation with officers.

The developments Monday sowed further concern about terrorism in the region and across the country. Already, police had been investigating three weekend incidents — explosions in New York and New Jersey and a stabbing attack in a Minnesota mall — that took place within a 12-hour period on Saturday.

Speaking to “Good Morning America” on Monday morning, New York Mayor Bill de Blasio said the investigation into the Chelsea bombing “is definitely leaning” in the direction of terrorism. New York Gov. Andrew Cuomo told CBS News on Monday that “there may be a foreign connection” involving the bombing in Manhattan, though he did not elaborate on what that connection might be.

About 8:45 p.m. Sunday, the FBI and the New York Police Department stopped what the bureau’s New York field office called a “vehicle of interest” in the Manhattan bombing investigation, and took people into custody. As of early Monday, authorities said no one had been charged with a crime and the investigation was continuing.

An FBI spokeswoman, Kelly Langmesser, gave no further details on those detained. But the Associated Press, citing government and law enforcement officials, reported that five people were questioned.

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