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

Monday, October 3, 2016

Rising from the ashes, Jaffna library writes new chapters

Photo: Meera Srinivasanimage

Photo: Meera Srinivasan

The library has 30,000 titles, low in comparison to the nearly 1,00,000 books it housed until 1981

Return to frontpageVasantha Sriskantharajah is dreading next summer. It’s not the Jaffna heat that is worrying her, she is used to it. What she is not used to is being away from the collection of books she has seen grow at the Jaffna Public Library through decades of war and recovery.
In April 2017, Ms. Sriskantharajah, the library’s longest serving employee, will retire after completing 33 years of service. “I cannot imagine how that is going to be, these books have been my home for so song,” the librarian tells The Hindu on a Sunday morning when readers, mostly students, trickle in.
It is hard to miss the library’s imposing, white building in Jaffna town, on the road to Kankesanthurai. The library has 30,000 titles — the number pales in comparison to the nearly 1,00,000 books it housed until 1981. One of South Asia’s finest libraries at that time, the Jaffna Public Library was known for its precious archival material and manuscripts.
In June 1981, an organised mob, reportedly of Sinhalese persons, set fire to the building, destroying all that was thoughtfully collected for generations of Tamil youth. The incident delivered a major blow not just to the library, but to the dreams and aspirations it had nurtured. Some consider it a major provocation in the lead up to Sri Lanka’s civil war.
Started by a group of Jaffna youth as an intellectual hub for Tamils, the library initially functioned out of small reading rooms, before its Indo-Saracenic-styled building was inaugurated in 1959 by the then Jaffna Mayor, Alfred Duraiappah.
“There were many rare publications and exclusive copies... everything was destroyed in the 1981 fire,” says Ms. Sriskantharajah, who joined the library as a junior staff member in 1983, after completing a one-year course in library science.
She used to work in its smaller branches that were started to preserve what remained from the fire and vividly remembers organising rows and rows of books that came as donations. With the conflict intensifying, the Sri Lankan Army camped at the nearby Dutch fort in Jaffna. Caught in the midst of cross-firing and shelling between the armed forces and the LTTE, the library remained closed for years. It was reopened in 1984, after being partly restored, only to be closed again during the protracted war. It was reopened again in 2004, after the building was restored by the Sri Lankan government.
“Things are better [now], but there is still a lot more to be done,” she observes.
Over the years, 30,000 titles have made their way into the library’s bookshelves. Its administration is keen on strengthening the Braille section. “That’s the challenge, sourcing important publications in Braille. We are trying our best,” she says.
Reference section
The reference section is vast, and has many groups of students seated at the tables, amidst piles of mostly academic books. “We have 25,226 readers [they can’t borrow books] and 2,302 members,” says Ms. Sriskantharajah, eyes lighting up, as she speaks of the growing membership.
After years of being situated at the heart of a conflict, the library has now become a venue for high-level meetings. During their visits to the north, UN Secretary General Ban-Ki-Moon, Prime Minister Narendra Modi and former British PM David Cameron met Tamil leaders here.
But it is the regular patronage of readers and students that the library is counting on. “There is just so much to read. Books are the real windows to the world outside,” Ms. Sriskantharajah says. That is what she plans to do post retirement. “I will keep coming back here as a reader.”

Include all, tap all resources for reconciliation


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By Jehan Perera- 

Sections of the polity that feel themselves to be excluded from the government’s decision making process and alliances are seeking to gain attention. In the North the Tamil People’s Council organized a largely successful protest march and rally against the failure of the government to adequately address the problems of the war affected Tamil people and also larger political issues of concern to the Tamil polity. In the south the Bodu Bala Sena or Buddhist Power Force (BBS) has been organizing protests against the dangers posed by Tamil nationalism including the event organized by the Tamil People’s Council under the name Ezhuga Thamizh (Tamils arise) and the government’s inaction to face down this challenge. However, it is important to distinguish between these two organizations. The BBS is a fringe group without mainstream Sinhalese backing whereas the Tamil People’s Council has substantial public support in the Tamil majority north.

I was in Jaffna two days before the Ezhuga Thamizh protest event took place. When I went to the university to meet with faculty members about conducting an awareness seminar on the government’s reconciliation process, they were busy and in a hurry as they were helping in the organizing of the protest event. I had come to meet with civil society groups, and it seemed that they too were supporters of this event. One of them showed me a map of some land taken over near Palali airport. He took me there to show it. The peculiarity was that land closer to the airport had been given back to the people. But land further away from the airport was still retained in a spacious military camp, which had a play ground for recreation and some fruit and vegetable cultivation too. Military sources say that this land belonged to the Agriculture Department. But the map that was given to me shows where a large number of houses once existed (see map).

The indication I got was that the intelligentsia of the North, at least in Jaffna, was supportive of the Ezhuga Thamizh event. They were not anti Tamil or anti Sinhalese. They were prepared to collaborate with us who had come from the South to organize the seminar on the government’s reconciliation process. However, it was also evident that they felt the need for pressure to be applied to the government to do more for the Tamil people and to do it without more delay. This is understandable. The Tamil people of the North were the main victims in the last phase of the war. Those who were victims and lost their loved ones, lost their lands, lost their livelihoods and lost their neighbours, cannot wait. They want their problems solved immediately if they were not solved yesterday. On the other hand, those who were not direct victims of the war would not have such urgency in getting their needs attended to.

SLOW PACE

Those who live outside the North and East are, by and large, able to take a more detached and long term view of what happened and what needs to be done. Most of the intelligentsia in the country outside of the North and East perhaps see that a solution to problems that have festered for over six decades cannot be solved in one year on in two. It is a fact that the greatest leaders this country produced in the past tried to solve the problem but they failed in their endeavours. S W R D Bandaranaike, Dudley Senanayake, S J V Chelvanayakam, J R Jayewardene, Ranasinghe Premadasa, A Amirthalingam and Chandrika Kumaratunga tried to resolve it but could not in their periods of leadership. It may therefore require the passage of another generation after the end of the war for a mutually acceptable political solution to be found.

There is satisfaction in liberal sections of society and the international community that the present course that the government is steering is in the direction of a political solution. On other other hand, the Ezhuga Thamizh demonstration had slogans that called for the return of land, finding of missing persons, release of those detained without trial, the resettlement of displaced people, and demilitarization and restoration of full civilian rule. These are urgent needs of the people. Each one of these matters is being addressed today by the government, though the pace of change may be slower than necessary, and is much too slow to the victims who are denied their right to live in dignity. At the same time it is also necessary to take into consideration the positive changes that have taken place in each one of these areas, and continues to take place. The government is often criticized even by its supporters of not communicating its messages to the people.

The Ezhuga Thamizh event also had political demands to make of the government especially in the formulation of the new constitution. There were demands for the unitary state to be replaced by a federal one, and for the merger of the Northern and Eastern provinces into one large Tamil-controlled province. However it also necessary to realise that the government can only go as far as the majority of people are prepared to go. No government that is elected, and whose mandate has democratic legitimacy, can make political decisions that do not have majority electoral backing. The majority of the electorate is waiting to be educated and convinced about the need for change, and for the change proposed by the government, as this is what is desired by the Tamil people.

CHAMPION REHABILITATION

It is unfortunate that the manner in which the Ezhuga Thamizh protest has been articulated is unlikely to win the support of the either the majority of the Sinhalese or Muslim people. There are many Muslims in the East who say they are not for merger. There are even Tamils from the East, who say that they prefer the merger not to take place. In the case of a merger, the administrative power centre would probably shift to the North, which is farther away for many of those living in the East than is Colombo. The stridency with which the Tamil demands are being articulated is also not designed to convince the unconvinced. On the contrary, it serves to bolster the stridency of the ethnic nationalist parties.

The political issues of federalism and the merger of the North and East will most probably require more time in which to work out a mutually acceptable solution. There will be a need for educational campaigns so that the Sinhalese do not automatically equate federalism with separation. Likewise where the merger of the North and East is concerned, there may be a need for a referendum to ascertain the views of the people. At the present time there is a danger of holding a referendum, as wounds are still too fresh and a negative vote by the electoral majority is a possibility. The setback to the peace process in Colombia, where the peace accord signed by the government and FARC rebels has been defeated at a referendum is a warning to Sri Lanka that what is designed and negotiated at the top needs to be accepted by the people. On the other hand, the humanitarian issues of the victims need to be attended to without further delay.

In this context there is a need for the government to prioritise the release of land, resettlement of displaced persons, provision of livelihood assistance, demilitarization of the North and East and finding of missing persons. In doing so, the government can draw upon the passion and goodwill of the Tamil People’s Council and also of the Tamil Diaspora. There was a time when the Diaspora contributed large sums of money for the purpose of waging military war. Now there is an opportunity to demonstrate similar commitment to assist the victims of war. Instead of feeling excluded by the government the Tamil People’s Council and Northern Provincial Council, both of which are led by former Justice of the Supreme Court, C V Wigneswaran who is currently chief minister of the Northern Provincial Council and also convenor of the Tamil People’s Council, could play a leading role as champions of the humanitarian effort. They do not need to wait for others to do the right thing by the victims of war but could start right away.
Tamil moderate speakers heckled at Jaffna book launch .

Crowds reportedly associated with Wigneswaran-led TPC shout down Thavarajah, Sumanthiran and Anandasangaree

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logoBy Dharisha Bastians-Tuesday, 4 October 2016

Days after the controversial Eluga Tamil rally, moderate speakers at a book launch in Jaffna last weekend were heckled and shouted down by a group of persons reportedly associated with the Tamil People’s Council chaired by Chief Minister C. V. Wigneswaran.

Different Tamil political parties were brought together on one stage at the Saraswathy Hall in Jaffna, for the launch of the Constitution of Sri Lanka from Donomough to Sirisena (1931-2016), authored by former lecturer at the Jaffna University and independent researcher, M. Thirunavukarasu.

TULF Leader V. Anandasangaree, TNA Jaffna District Parliamentarian M .A. Sumanthiran, Northern Provincial Council Opposition Leader Sinnadurai Thavarajah, EPRLF Leader Suresh Premachandran and Tamil National People’s Front (TNPF) Leader Gajen Ponnambalam were all invited as speakers at the event.

Thavarajah, Sumanthiran and Anandasangaree were disturbed during their speeches, when all three of speakers dissented with some of the claims made by Thirunavukarasu in his book.

The hall was packed to capacity with between 600-700 people, with the disturbance caused by a handful of radicals numbering about five or six people, Thavarajah told Daily FT.

The book made claims about the historical enmity between the Tamils and the Sinhalese communities in Sri Lanka, but Thavarajah disputed this claim, citing historical references. In his speech, the EPDP Member quoted from documents in the American Library of Congress and Lankan historians that pointed to periods of cohesion between Tamils and Sinhalese in the island, with particular emphasis on the independence struggle.

Thavarajah said that it was when he began to speak about the ways Tamils had squandered opportunities to reach a political settlement over the years that a small group in the audience began to heckle and shout him down.

“One of those who were leading these protests was the individual who lit the lamp at the Eluga Tamil rally,” the NPC Opposition Leader claimed. Despite the disturbances, Thavarajah managed to finish his speech, urging the unruly members of the audience to learn to hear out dissenting viewpoints.

Sumanthiran who spoke after the NPC Opposition Leader, told the audience that the TNA’s policy on achieving a political solution to the Tamil question since 2010 had been to push for a federal structure, while using negotiations with Colombo backed by strong international pressure to get there. Since 2010, the MP said that the Tamil people of the North and East had voted overwhelmingly in support of this policy. Sumanthiran said that the only alternative put forward to the TNA’s proposal of federalism had been from the Ponnambalam’s TNPF which had called for confederation and a referendum in Tamil areas since 2010. However even at the Eluga Tamil rally on 24 September, the organisers had called for a federal solution and this was a sign that even the divergent Tamil politicians and organizations were now coming around to the TNA’s position on a political settlement, Sumanthiran noted.

During his speech, the Jaffna District MP said certain sections of the Tamil polity were fretting now that a deal on the constitution and a political solution was almost at hand, and added that these elements were making every effort to derail the process.

Sumanthiran spoke for 20 minutes before the disturbances began. However the hecklers were shouted down by Sumanthiran’s own supporters who were in attendance at the meeting. The TNA Parliamentarian was able to speak over the hecklers and finish his speech, he told Daily FT yesterday.

Member of the Tamil People’s Council Prof. S. Sittambalam who was moderating the session had tried to stop the hecklers from disturbing the speeches, but to no avail, sources at the meeting told Daily FT.

Gajen Ponnambalam who spoke next denounced Sumanthiran as a ‘liar’ and claimed his party had never called for a solution along confederal lines. Ponnambalam told the audience that he had never stood for confederation – a power-sharing mechanism that goes well beyond federalism, allows a region to maintain its sovereignty and implies the right to secession.

When Ponnambalam sat down after his speech, he continued to berate Sumanthiran as a liar, at which point the TNA MP used documents and press clippings to demonstrate the basis of his assertions.

EPRLF Leader Suresh Premachandran also flayed Sumanthiran during his speech, saying he was a member of the Steering Committee on the constitution and accusing the TNA MP of not revealing anything about negotiations. “Instead, he is talking politics about winners and losers at elections,” Premachandran said.

Both Ponnambalam and Premachandran received wide applause from the audience during their speeches.

However, when the veteran Tamil politician Anandasangaree stood up to speak, the disturbances resumed. The TULF Leader posed the question to the audience, about the demand for the removal of Buddha statues in the North. “What happens to all the Murugan and other statues in the South, will they have to be removed too,” Anandasangaree noted. The hecklers resumed disruptions in earnest, shouting the senior politician down and ensuring he could not finish his speech. At one point, Anandasangaree even rolled up his sleeves and asked the unruly group to come up to the stage and challenge him. “Tamils will never have a solution because of people like you,” he shouted before he was forced to wind up his speech.

Reports said there may have been attempts to create an incident as Sumanthiran was leaving the premises following the event, but it had been impossible to get near the Parliamentarian since he was flanked by large crowds. The TNA MP is increasingly viewed as the enemy among nationalist sections of the North for his moderate positions.

Northern Chief Minister Wigneswaran sent a message to be read out at the book launch, which included a revelation that there was a plot to assassinate him and blame the killing on the LTTE. In his message, Wigneswaran said that when the Tamils demanded their rights, the demands were being misrepresented to show that the Tamils were bent on sharpening communal differences.

Sovereign Immunity & Crimes of States

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The responsibility of governments in acting against offences committed by private individuals may sometimes involve condonation or ineptitude in taking effective action against terrorist acts, in particular with regard to the financing of terrorist acts.

by Dr. Ruwantissa Abeyratne

( October 3, 2016, Montreal, Sri Lanka Guardian) A few days ago, The United Nations Working Group of Experts on People of African Descent released its report which stated that the history of slavery in the United States justifies reparations for African Americans.

The Report goes on to say: “The history of people of African descent in the United States is well documented. The first enslaved Africans were brought to the American colonies in the early part of the seventeenth century. Slavery became an entrenched institution, with Africans making up one fifth of the population of the American colonies by 1775. The issuance in 1863 of the Emancipation Proclamation, which declared that all enslaved persons within the rebellious states were free, was followed by the Thirteenth Amendment to the Constitution of the United States of America, which outlawed the practice of enslavement, the Fourteenth Amendment to the Constitution, in 1868, granting full United States citizenship to all persons born or naturalized in the United States, including African Americans, and the Fifteenth Amendment to the Constitution, in 1870, prohibiting denial of the right to vote on the basis of race”.

In a contemporaneous development, The United States Congress overruled President Obama’s veto of a law – Justice Against Sponsors of Terrorism Act (JASTA) –  which overrides the principle of sovereign immunity to allow families of the victims of the September 11 terrorist attacks to sue Saudi Arabia.  The rationale for the is that since 15 of the 19 criminals who were involved in the 9/11 attacks were from Saudi Arabia, the country could be held accountable.   In a town hall appearance conducted by CNN last week, President Obama explained that the reason for his veto was partly because such a precedent would allow other nations to sue the United States by implication or otherwise (example of drone strikes in Waziristan and other areas of Pakistan and Afghanistan carried out by the United States).

The law would allow the courts in the United States to waive the privilege at law of sovereign immunity and, at least technically, enable persons aggrieved to bring private lawsuits against Saudi Arabia in the United States.  The implications of this law has another dimension, as John Brennan, Director of the CIA, warned: “The most damaging consequence would be for those US government officials who dutifully work overseas on behalf of our country. The principle of sovereign immunity protects US officials every day, and is rooted in reciprocity. If we fail to uphold this standard for other countries, we place our own nation’s officials in danger.”

It is also reported that an Iraqi group has requested the Iraqi parliament to prepare a lawsuit seeking compensation from the United States for the invasion of Iraq in 2003.

One of the theories that my support the law in question is the Condonation Theory, where States become responsible for private acts of violence not through complicity as such but more so because their refusal or failure to bring offenders to justice, which was tantamount to ratification of the acts in question or their condonation.  The theory was based on the fact that it is not illogical or arbitrary to suggest that a State must be held liable for its failure to take appropriate steps to punish persons who cause injury or harm to others for the reason that such States can be considered guilty of condoning the criminal acts and therefore become responsible for them. Another reason attributed by scholars in support of the theory is that during that time, arbitral tribunals were ordering States to award pecuniary damages to claimants harmed by private offenders, on the basis that the States were being considered responsible for the offences.

The responsibility of governments in acting against offences committed by private individuals may sometimes involve condonation or ineptitude in taking effective action against terrorist acts, in particular with regard to the financing of terrorist acts. The United Nations General Assembly, on 9 December 1999, adopted the International Convention for the Suppression of the Financing of Terrorism, aimed at enhancing international co-operation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators.

The Convention, in its Article 2 recognizes that any person who by any means directly or indirectly, unlawfully or willfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any act which constitutes an offence under certain named treaties, commits an offence.  One of the treaties cited by the Convention is the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

The Convention for the Suppression of the Financing of Terrorism also provides that, over and above the acts mentioned, providing or collecting funds toward any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in the situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act, would be deemed an offence under the Convention.

The United Nations has given effect to this principle in 1970 when it proclaimed that: “Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, for incursion into the territory of another State.  Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts, when the acts referred to in the present paragraph involve a threat or use of force”.

Here, the words encouraging and acquiescing in organized activities within its territory directed towards the commission of such acts have a direct bearing on the concept of condonation and would call for a discussion about how States could overtly or covertly encourage the commission of such acts.  Steven Metz identifies  three categories of such support:  Category I support entails protection, logistics, training, intelligence, or equipment provided terrorists as a part of national policy or strategy; Category II support is not backing terrorism as an element of national policy but is the toleration of it; Category IIIsupport provides some terrorists a hospitable environment, growing from the presence of legal protections on privacy and freedom of movement, limits on internal surveillance and security organizations, well-developed infrastructure, and émigré communities

Tal Becker discusses what he calls the separate delict theory’ in State responsibility, whereby the only direct responsibility of the State is when it is responsible for its own wrongful conduct in the context of private acts, and not for the private acts themselves. He also contends that indirect State responsibility is occasioned by the State’s own wrongdoing in reference to the private terrorist conduct. The State is not held responsible for the act of terrorism itself, but rather for its failure to prevent and/or punish such acts, or for its active support for or acquiescence in terrorism. Arguably the most provocative and plausible feature in this approach is the introduction by the commentator of the desirability of determining State liability on the theory of causation.  He emphasizes that: “The principal benefit of the causality based approach is that it avoids the automatic rejection of direct State responsibility merely because of the absence of an agency relationship. As a result, it potentially exposes the wrongdoing State to a greater range and intensity of remedies, as well as a higher degree of international attention and opprobrium for its contribution to the private terrorist activity”.

The principle of sovereign immunity is embodied in an old legal doctrine by which the sovereign  or State cannot commit a legal wrong and is therefore insulated from civil suit or criminal prosecution, and its legal legitimacy is enshrined in the legal dictum  rex non potest peccare, meaning “the king can do no wrong”.   There is no reported evidence that anyone in the Saudi Arabian hierarchy was responsible in any way for the 9/11 attacks.  The fact that it was the United States and not any private individual who invaded Iraq and Afghanistan and carried out drone strikes need not be proved.  Although it would not be easy for any claimant to invoke the  Justice Against Sponsors of Terrorism Act against Saudi Arabia, in view of the many layers of process, procedure and conditions prescribed by the law, the fact that the United States Congress has passed this law makes one wonder where its legislators are headed.
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The author is former Senior Legal Officer at the International Civil Aviation Organization.  He currently heads is own aviation consultancy company in Montreal and   teaches  aviation law and policy at McGill University.  He is the author of 32 books and over 400 journal articles on international law which have been published in  law journals worldwide.  

SRI LANKA: Serious Challenges Ahead Regarding Implementation of Sri Lanka’s RTI law

Serious Challenges Ahead Regarding Implementation of Sri Lanka’s RTI law

October 2, 2016

The Asian Human Rights Commission is pleased to witness the historic coming into being of Sri Lanka’s Right to Information (RTI) Commission with three Commissioners being appointed by President Maithripala Sirisena on the recommendation of the Constitutional Council on Friday, 30th September 2016.

The three Commissioners, namely retired public administration officer Mahinda Gammanpila (Chair), Attorney-at-Law & activist Somapala Punchihewa and RTI advocate Kishali Pinto Jayawardene who was a member of the drafting team finalizing the Right to Information Act 2016, collectively bring a wealth of extensive experience and commitment in regard to implementing the Act.

Even though three Commissioners are sufficient for the quorum of the Commission, two more Commissioners need to be appointed by the Constitutional Council (CC). It is hoped that the CC will exercise the most anxious care and consideration in deciding on the remaining members. It need not be specially said that the caliber of the Commissioners will directly impact on the manner in which the public perceives the RTI Act as a genuine effort by the Government to address Sri Lanka’s problems of obsessive secrecy in government and elsewhere.

The passing of the RTI law and the appointment of three of the commissioners follows long years of struggle by many people and groups. The law has been listed as within the top ten best RTI laws in the world. However, this achievement will not mean anything if the theory is not translated into practice.  The struggle for the people’s right to information is therefore not over yet. For the RTI law now confronts the greatest challenge that all progressive laws have to face in Sri Lanka: the challenge of implementation. If one were to go by past experience, many good laws have been defeated at the stage of implementation.

Perhaps the most unforgettable example is what happened to the 17th Amendment to the Constitution. Hailed as a significant step taken by a Government to correct the politicization of institutions, it was deliberately sabotaged not only by the political leadership but also by judges, lawyers and others who ridiculed this amendment and then later accepted compromised appointments to constitutional commissions by the (then) head of State in violation of the very Constitution. We need to be observant in identifying similar pressure tactics in regard to the RTI Commission, emanating from those who have vested interests in undermining the Commission and its Commissioners on political or personal agendas.

These are challenges that do not belong wholly in the past. Even regarding the 19thAmendment, there are many complaints about implementation including the provision of sufficient resources to the independent commissions established under its provisions. Very recently, one of the Commissioners on the Election Commission complained that even the allowances of Commissioners had not been paid for several months.  Members of the Human Rights Commission of Sri Lanka and the National Police Commission appear to have also been suffering in silence. In fact, one major reason for the inefficacy of even the most important institutions administering justice, such as the judiciary itself, the Attorney General’s Department and the police, is the state’s failure to provide material and human resources for their work.

Therefore, it should be envisaged that the Right to Information Commission will face these same difficulties. The new Commissioners should be aware of this challenge. Their earliest efforts should be directed towards negotiations with the relevant state agencies to ensure that they are provided with the necessary resources for their work so that they can deliver their services, which are eagerly awaited. Perhaps one strategy could be for the Commissioners to keep an open policy relating to all matters regarding information on obstacles to the proper functioning of the commission. The public have a right to know whether a Commission has been properly provided for and if the requisite state will is evidenced. These are Commissions that are far too important to be set up to fail.

Thus, it would be a tragedy if the Commission is to say that, due to the absence of necessary resources, they are unable to deliver their services as expected. Those who have put up a long struggle for the RTI Act and the establishing of the Commission have a great obligation to be watchful and see if the relevant state agencies ensure that all necessary support is granted to the Commission. It would be unacceptable if the public, who know quite well the manner in which public institutions are crippled in Sri Lanka, were to wait passively and were to complain later that this Commission, too, suffers from the same defects as the others.

Eternal vigilance is the only solution for evolving a system of administration that is accountable to the people.

Terrorism: All Sides Must Be Held Accountable!


Colombo Telegraph
By Pitasanna Shanmugathas –October 3, 2016
Pitasanna Shanmugathas
Pitasanna Shanmugathas
This article is an attempt to clarify misunderstandings people have from an earlier article I wrote.
I have been vocal in criticizing both the LTTE and the Sri Lankan government for committing egregious human rights violations. Both sides must be held accountable. Violence on both sides is unjustifiable.
The LTTE has committed egregious human rights abuses such as using civilians as human shields, killing political dissidents (such as Neelan Tiruchelvam and Rajini Thiranagama), forcibly conscripting children to fight, killing leaders of rival factions, the forcible expulsion of Muslims, among other egregious atrocities. As a member of the Tamil community, I am extremely critical of the actions committed by the LTTE because the main victims of their actions have been innocent Tamil civilians.
In no way or form have I ever whitewashed the human rights abuses committed by the LTTE. Prabhakaran, and the senior leadership, committed egregious human rights abuses and there must be accountability in this regard.Tamil Diaspora
In addition, I have also published articles on Colombo Telegraph exposing the atrocious human rights violations committed by the LTTE: some of my articles are the following: The LTTE’s Forced Recruitment of Children, Sampanthan Calls for Human Rights Accountability (for both the LTTE and GOSL), I even wrote an article where I interviewed the TGTE leader and criticized him for refusing to apologize for crimes committed by the LTTE. In addition, I have also conducted interviews with several individuals such as Erik Solheim, Bob Rae, Jo Becker (Human Rights Watch), Rohan Gunaratna, Samapanthan, Thulasi Muttulingam (aid worker stationed in the North) among other individuals who speak about crimes committed by both the LTTE and Sri Lankan government.
It must also be recognized that along with the LTTE, the Sri Lankan government has committed egregious human rights abuses. The Sri Lankan government during the final stages of the war, according to the UN among other credible agencies, used cluster bombs, shelled hospitals, and violated Geneva Conventions by killing those who surrendered during the final stages of the war. In addition, the Sri Lankan government has killed journalists such as Lasantha Wickrematunge, killed politicians, and indefinitely detains individuals under the Prevention of Terrorism Act, militarily occupies land in the North, among other egregious human rights violations.
Both sides must be held to account for egregious and inexcusable human rights abuses. This has always been my position. I have never moved away from this position.
However, we must recognize that the use of term “terrorism” is a political tool. I will now expand on why this is so in hopes to clarify doubts and accusations expressed by Laksiri Fernando among other individuals who have clearly misunderstood what I wrote.
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Governor A.S. Jayawardena with President Chandrika Kumaratunga
The devastating attack on the Central Bank

Monday, 3 October 2016

logoAS became the Governor of the Central Bank in December 1995, a kind of a ‘coming-back-home’ for him. He returned to the bank with a lot of ideas in his head to reform not only the Central Bank, but also the whole financial system. At his first meeting with senior officers, he took stock of the bank’s position. His training at IMF as its Alternative Executive Director had brought him up to date with modern central banking. His wish was to practice them in the Central Bank.

However, within less than two months, his plans for reforming the bank were shattered to pieces by LTTE. It exploded a powerful bomb in front of the bank’s Head Office in Fort destroying everything in vicinity.

There were casualties on all fronts: men, material and money. Forty one bank employees lost their lives. About 1,200 employees got seriously injured. One wing of the bank building was completely gutted by fire. The columns of another wing were irreparably damaged, making even a temporary entry dangerous. The wing that was saved from fire or blast was filled with debris. All this and many other losses entailed money. When I saw AS in front of the still smoking bank building the following day, he was not a happy man at all. He was visibly down, but not out.

The Central Bank is the heart of the country’s financial system. The destruction of the heart would have meant the destruction of the whole economy. That was why the terrorists had made a meticulous plan to attack it. Admitting defeat to terrorists would mean admitting the loss of everything. When I asked him ‘Governor, what do we do now?’ his answer was straight. He said, ‘We’ll rebuild a new central bank of which even the terrorists would be envious. The Phoenix will rise from the ashes.’ That was AS’s resolution and in the next eight years, he carried it out to the letter.

I have written elsewhere how he managed to build public confidence in the Central Bank against this horrible disaster (available at: http://www.ft.lk/article/398709/From-bomb-disaster-to-bond-disaster--How-to-restore-the-lost-reputation-of-the-Central-Bank). This is a summary of what I said:

Moving to an alternative location

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AS appeared on national TV on the same day night and assured the public that the bank would start its operations in an alternative location immediately. He said that terrorists could destroy the Central Bank building but not the morale of its employees. Hence, the terrorists had failed to achieve their objective. This was reassuring enough for the bank’s stakeholders who had feared that the Central Bank had completely been destroyed by the terrorist attack.

True to his word, the bank started its operations on the following day at its Staff Training College at Rajagiriya. All the senior officers were summoned to Rajagiriya and a staff meeting was held to identify the urgent work to be done and decide on how the bank should continue its normal operations. It was pointed out that certain foreign and local debt repayments had fallen due and they cannot be postponed even for a single day without compromising the reputation of the bank. It was unanimously decided by the senior management of the bank that the debt repayments should be honoured forthwith because the bank should in no way compromise its reputation. This staff meeting was followed by two other important meetings chaired by AS. I had the opportunity to be present at both these meetings.

Support pledged by commercial banks 

The first was a meeting with Chief Executive Officers of all the commercial banks. The banks were instructed to make an estimate of the currency held by them in their vaults and ensure that there would not be a shortage of currency in the market. That was because any shortage of currency would have been a serious dent in the reputation of the bank and it should have been avoided by all means.

The Central Bank which could not open its vaults immediately too ran into a currency shortage for making numerous payments it had to make. On this count, the Bank of Ceylon, the largest and the most stable commercial bank, offered a credit line to the Central Bank so that the bank could make its immediate payments without losing its reputation. This was a rare occasion in which the Central Bank, the banker to commercial banks, had to rely on a commercial bank to settle its payments. But, it was necessary to assure the public that the bank had not been destroyed as targeted by terrorists.

Similarly, People’s Bank offered its services to disburse funds and receive repayments under the bank’s development credit schemes which had been funded by many donors including the World Bank and ADB. Thus, funding flows to development projects continued without any interruption. Both the Bank of Ceylon and the People’s Bank came forward to assist EPF to receive contributions from employers and make refunds to members. Thus, Governor Jayawardena was able to marshal the needed support of all commercial banks to manage the financial economy without interruption.

Convincing the media with confidence

The second was a press briefing that was attended by both the local and international mediamen. This was the opportunity which AS used to communicate to the bank’s stakeholders. He wanted to convey them that the bank was not dead, it had started functioning again and it would soon restore normalcy as desired by its stakeholders.

The media, exercising their right to extract all the information to keep their respective audiences informed of the true status, were posing scathing questions to AS and the senior officers of the bank. Their questions were particularly directed to ascertain whether there was any cover-up of the true damage caused to the bank. This was in fact a testing of the maturity and experience of AS who was a career central banker, a former Finance Secretary and an international civil servant.

Prior to the media briefing, the senior management of the bank had participated in a crucial staff meeting and a meeting with CEOs of commercial banks. Hence, they were privy to what was happening and, therefore, could meet the press with one voice. That was important to quell the suspicions of the media personnel. Thus, the media briefing was successful in communicating the bank’s position to its stakeholders.

Clarity and transparency in Central Bank communications

What AS demonstrated was that the Central Bank’s communication policy was important in establishing its reputation among the stakeholders. The bank should not have any fear of coming before the media and explaining its position to the public. If it does not, the media as well as the public start suspecting that there could be some underhand dealings in the central bank which the bank attempts to conceal from the public.

What AS did was the observance of the three basic pillars of a central bank’s communication policy. They were the clarity, transparency and predictability of central bank actions. The central bank should be ready to clarify not only what it has done or what it has proposed to do but also any rumour in the market damaging the bank’s reputation. In doing so, it should speak the truth so as to win the confidence of the public. If it does not, it cannot prevent the public from losing their confidence in central bank’s actions. The loss of confidence will erode the reputation of the bank as well.

Team spirit is key to regain reputation

One important contributor to the rebuilding of the Central Bank while preserving its reputation after the bomb explosion was the excellent teamwork displayed by all the senior officers of the bank. There was healthy competition among the senior officers to do the best for the bank as it should be in any growing and dynamic institution. However, when it came to rebuilding and modernising the bank, all senior officers functioned as a single team demonstrating team-spirit in every move they made. Within teams, there were differing opinions expressed by team members. Harbouring differing opinions by staff was encouraged because that culture led to the building of a creative workforce. However, they were debated freely at team meetings allowing the Bank to choose the best path for its future development.

‘The Long Room’ operation 

The bank set up temporary field office at its Staff Training College at Rajagiriya. A.S occupied one of the lecture rooms which had a long table. Immediately, it was christened ‘The Long Room’. A.S. was at the head of the table, the two Deputy Governors, S. Easparathasan and P. Amarasinghe, next to him. All Executive Directors were seated wherever they could sit at the table. When heads of department visited him, he gave orders for various actions but not before writing them down in a CR register. That was to keep a record of all the orders he had issued. From that long table, AS, two Deputy Governors and Executive Directors mapped out the plans for the restoration of the bank.

Identification of excess fat in the bank

Because of the space limitation, the bank could accommodate only about 500 employees at the Staff Training College. Out of the total staff of about 2,200, about 1,200 had been injured and were at hospitals or at homes. Out of the balance 1,000, only a skeleton of about 500 were called for duty and the balance 500 were kept on compulsory leave. With that limited staff, the bank was not only able to do all the work it had to do, but also do a better job.

This was an important discovery for A.S. At a heads of department meeting later, this matter was discussed and it was concluded that the bank had been overstaffed. It was necessary to bring down the staff strength to a lower level. A motto developed to describe the new situation: ‘Go for a lean but an efficient bank’. This was the birth of the modernisation project that was implemented in the bank from 2000 to 2005.

Steering Committee on Modernisation

Under AS’s guidance, several internal workshops were held by the bank to discuss the details of the modernisation project that was to be embarked by the bank. After the bank’s senior staff decided how the modernisation should be carried out, the bank was supported by IMF and the World Bank, IMF providing technical expertise and the World Bank, funding.

I had been elevated to the Deputy Governor’s position at that time. Hence, I was commanded to chair the Steering Committee that planned and executed the modernisation programme under AS’s guidance. He gave me a free hand in running the affairs with the requirement that I consult him on all important matters. I was supported by the other Deputy Governor, the late P.M. Nagahawatta, all the Executive Directors and other staff. I had frequent meetings with AS and it was at those meetings that I came to know the real visionary in AS.

The project was funded jointly by the Central Bank and the World Bank as an external funding agency. AS insisted that the World Bank funding was necessary to meet the foreign exchange commitments involved in the expenditure. It was a soft loan granted to the Government and the then Treasury Secretary, P B Jayasundera, made available the loan funds as a grant to the Central Bank.

Pillar I of the Modernisation Project: Technology improvement in the bank

The modernisation project had four objectives: introduction of modern technology to the bank, updating the legal structure of the bank, creating a lean but efficient organisation and improvement of the talents and technical skills of the bank’s staff. The introduction of modern technology had three components: the establishment of a modern payments and settlement system including a real time gross settlement system, known as RTGS, the automation of the general ledger of the bank and the introduction of a scripless government securities system with the associated Central Depository System or CDS.

Pillar II of the Modernisation Project: Lean organisation

It had already been noted that the bank had been overstaffed and it could be well managed with a staff of only 800. The Steering Committee mapped out offering a voluntary retirement scheme to the excess staff. It was to be funded up to 80% out of the World Bank money, to be received by the Government as a grant.

Since the bank employees at all levels were enjoying high perks, it was necessary to offer them an equally-high compensation formula. Accordingly, the final formula offered was one of the best in the country but, in view of the available facilities in the bank, was not so generous as many had believed. Thus, the unions were against it and openly canvassed that the staff should not take it. This was a show of strength between AS and unions.

AS explained the benefits to staff if they take up the voluntary retirement scheme in a series of long memos; though there was no interest shown by the staff for the scheme at first, toward the last few days, thanks to AS’s long memos, a renewed interest was shown by everyone. On the last day before the deadline, 1,000 bank employees had applied for voluntary retirement that strangely included almost all the office bearers of the main trade union that had been fiercely against it, the Central Bank Employees Union.

Pillar III of the Modernisation Project: Creating a learning organisation

The main asset which the Central Bank has is its staff but that staff would mean nothing if they have not upgraded its knowledge to be on par with the growing talent requirements of a modern central bank. AS wanted to convert the bank into a learning organisation. He allocated a generous budget for postgraduate studies and training. A special Management Development Centre was set up to train the staff continuously. A monthly public lecture programme was introduced in order to bring the staff and the public up to date on emerging development issues. Foreign experts in the relevant fields were engaged to deliver the lectures. Staff talent mapping and performance based staff evaluation methods were introduced. Learning at all levels and at all times was the motto of the bank.

Pillar IV of the Modernisation Project: Legal Changes

It was necessary to make sweeping changes to the law relating to central banking and commercial banking up to date. As a first step, Monetary Law Act was amended clearly focussing on two co-objectives of the bank: economic and price stability and financial system stability.

Previously, the bank had multiple objectives which very often clashed with each other when the bank sought to attain them. Hence, the necessity for focussing on two main co-objectives. However, making economic and price stability a one of the co-objectives ran into trouble because no central bank in the world had this strange addendum called ‘economic’ added to price stability objective of the central bank.

All of us were puzzled but AS had a fine explanation to the addendum. He said that if the bank focused only on price stability, it would run the risk of seeking to stabilise a price index which cold be attained by artificial means. An obvious misuse was price controls which would record a lower growth in the index today but would bring about inflation in the future. Hence, the central bank should not be complacent about until it has stability in the whole macroeconomy. The events that took place subsequently fully justified AS’s foresight.

The above is only a few contributions which AS made for the long-term development of the Central Bank. It suffices to say that to do full justice to this visionary, one may have to write a book. He faced a lot of adversities during his tenure as the Governor. But his remarkable quality was that he managed to convert all those adversities into prosperities.


(W.A. Wijewardena, a former Deputy Governor of the Central Bank of Sri Lanka, can be reached at waw1949@gmail.com.)

UPROAR IN UPCOUNTRY IN SRI LANKA

tea-workers-sri-lanka-cs-deshapriya
( Plucking tea leaves is mainly done by women workers manually in Sri Lanka ©s.deshapriya)

Sri Lanka Brief03/10/2016

Upcountry plantation workers are up in arms for the past one week demanding a thousand rupee increase to their basic salary.

In the past one week unlike in the previous agitations staged by the Upcountry plantation workers, almost all the trade unions have joined hands in demanding the pay hike.

In several areas in the Upcountry the protests staged by the labour force have crippled activities in the plantation sector and according to reports the Upcountry workers are adamant this time demanding their pay hike and in various places they have created road blocks to show their anger by burning tyres.

The Upcountry plantation workforce which was brought from South India by the British has a long history of 150 years. They were not only used in the plantation sector, but have also been used extensively in developing the infrastructure in the central hills.

Even now the living condition and the lifestyle of the workforce in most of the areas in the Upcountry remain the same as it was in the early days of their arrival in the island 150 years ago.

The majority of the Upcountry plantation workers being Hindus, for the past several years have been agitating for a pay hike when ‘Deepavali’ the foremost festival of Hindus, is around the corner in October.

People from South India were taken to various countries in South Asia and South East Asia in their thousands as a promising workforce to be used in the plantation sector when the Union Jack was flying high in South Asia and South East Asia. However, in several countries the living condition of the majority of the South Indian workforce brought by the British has improved significantly with their present generation excelling in various fields.

However, in Sri Lanka the living condition of the majority of plantation workers in the Upcountry remain in a pathetic state with various political forces and trade unions in the Upcountry hardly paying any attention to their poverty-stricken state.

Legendry Upcountry leader late

S. Thondaman who was the founder of the Ceylon Workers Congress (CWC) made a tremendous contribution in winning the political rights of the plantation workers and making them on par with other citizens in the country.

Despite the majority of people in the plantation sector living below the poverty line, a significant percentage of their present generation has enhanced themselves politically, academically and professionally in the island with Justice S. Thurairaja becoming the first Superior Court judge from the Upcountry recently.

So the ongoing uproar in the Upcountry has highlighted the plight of the plantation workers and how they have been hit below the belt.

The agitating plantation workers have pointed out that despite the expiry of the Mutual Agreement which decides their pay hike eighteen months ago, no firm action has been taken on their future salary scale.
Plantation workers who are up in arms against their trade unions and the planters have emphasized that they need the Rs 1,000 pay hike and it should be given to them without further delay.

They have also warned that they would isolate the trade unions and even stop making their contributions to them.

Plantations Minister, Navin Dissanayake, calling for the plantation workers to keep away from engaging in any form of civil disobedience, has pointed out that their salary issue should be sorted out through negotiations, and not by creating a chaotic situation.

It is not for the first time the plantation workers are agitating for their pay hike. Almost every year they stage protests to highlight their plight and emphasize the need of ensuring a healthy pay hike.

As there are several trade unions and political parties that have emerged from the hills with several Upcountry politicians holding ministerial portfolios, the burning issues of the innocent Upcountry workforce should be dealt with in a humanitarian manner without leaving room for people in the hills to cry forever.

Sri Lanka's Debt Crisis Is So Bad The Government Doesn't Even Know How 


Wade Shepard-SEP 30, 2016

ForbesTrying to develop its infrastructure to increase its economic potential has plunged Sri Lanka deep into a pit of debt, pushing the country to thebrink of bankruptcy and prompting an IMF bailout.

The official estimate of what Sri Lanka currently owes its financiers is $64.9 billion — $8 billion of which is owned by China. The country’s debt-to-GDP currently stands around 75% and 95.4% of all government revenue is currently going towards debt repayment.

This debt situation is clearly not sustainable, but there’s more:

In addition to racking up large amounts of government debt via the usual channels, it’s now becoming evident that the previous government also utilized state-owned enterprises to take out additional loans on its behalf. While the full extent of this extracurricular lending seems unknown, current estimates peg it at a minimum of $9.5 billion — which is all off the books of the finance ministry.
 
“We still don’t know the exact total debt number,” Sri Lanka’s prime minister admitted to parliament earlier this month.


Sri Lanka Prime Minister Ranil Wickremesinghe (L), Sri Lanka Cricket president Thilanga Sumathipala (C), Sports Minister Dayasiri Jayasekera (2R) and Law and Order Minister Sagala Ratnayake (R) in Colombo on September 20, 2016. (ISHARA S.KODIKARA/AFP/Getty Images)

Much of Sri Lanka’s pile of debt accrued in the process of initiating an entire buffet of large-scale and extremely expensive infrastructure projects under the direction of former president Mahinda Rajapaksa.
Between 2009 and 2014 Sri Lanka’s total government debt tripled and external debt doubled, as the country engaged in a number of costly undertakings — such as attempting to build a new, multi-billion dollar city in the middle of a jungle (which includes the world’s emptiest international airport), 
constructing one of the most expensive highways ever made, as well as other pricey endeavors, such as spending $42 million just to remove a rock from the harbor at Hambantota.

But this doesn’t necessarily mean that Sri Lanka’s current administration is doing much better. Under President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe, who came to office at the beginning of 2015, domestic debt grew by 12% and external debt by 25% without starting any new large-scale infrastructure projects.

This fact has not gone unnoticed by former president Mahinda Rajapaksa, who recently issued a series of public taunts, claiming that with the money the current administration has so far borrowed he could have built “two Mattala Airports, one Hambantota Port, one Norochcholai Coal Power Plant, one Colombo-Matara Highway, one Colombo-Katunayake Highway, not one, but two Colombo Port citiesand one 500 MW Sampur Coal Power Plant…”

Sri Lanka may be in a debt trap that it can’t get out of. This year alone $4.5 billion is due to foreign lenders and next year $4 billion is owed — bills which the country has not yet figured out a way to pay.

Various interim solutions to the debt crisis have been proposed, such as offering debt-for-equity swaps to countries, such as China, that Sri Lanka owes big and privatizing and outright selling loss-incurring SOEs, which have yet to receive much interest.

The IMF did agree to provide Sri Lanka with a $1.5 billion bailout in the form of a loan in April after the country agreed to a set of criteria to attempt to right the course of its wavering economy. However, as reported by East Asia Forum, Sri Lanka’s Central Bank has stated that it is their intention to secure an additional $5 billion in loans after receiving these funds — and corresponding seal of approval — from the IMF as the debt trap continues getting deeper. 

Correction 10/3/2016: the $42 million rock was removed from Hambantota not Colombo.  

I'm the author of Ghost Cities of China. I'm currently traveling the New Silk Road doing research for a new book. Follow by RSS.