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

Sunday, October 16, 2016

Letting SLFP, UNP matrimonially strong to deliver reforms


Zahrah Imtiaz-Monday, October 17, 2016

Presently Sri Lanka is at a cross roads as far as sweeping governmental reforms are concerned it really had to face certain hiccups, in its endeavour to introduce structural changes to the existing system of governance, in this context Attorney-at-Law and Civil Society activist, J. C. Weliamuna in an interview with the Daily News expressed his views and emphasised the importance of “marriage between the President (SLFP) and Prime Minister (UNP) remain strong” if the country is to achieve the reforms it has been hoping for many years.

President Sirisena seeking exit strategy?



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To say that President Maithripala Sirisena caused a flutter with his outburst against the CID, FCID and Bribery Commission at a ceremony held to distribute land and houses to disabled soldiers at the Sri Lanka Foundation Institute, would be an understatement. Various people have come up with various interpretations of why the president lashed out at these institutions. Some say that this was in retaliation for the release of CCTV footage of the attack on the ‘Clique’ night club in which his son Daham is alleged to have been involved. The CCTV footage could not have been leaked to the press without the police being involved. Earlier, the President’s own media director Wasanthapriya Ramanayake had stated to this column that there is a direct link between these police units and sections of the media and that a conversation he had with an FCID officer over the telephone had been reported on a website operated from overseas within two hours.

We wrote about that episode involving the President’s media director on an earlier occasion. Ramanayake would have informed the President of his experiences. Most people think the FCID obtains statements only from those shown on TV giving ‘voice cuts’ outside the FCID premises, but in reality, the place is like a busy factory with statements being obtained every day from dozens of government employees up and down the hierarchy. Ramanayake told this writer that before he was asked to give a statement, many employees below him in the Information department had been brought to the FCID and that they were working their way upwards and that this process had generated a great deal of resentment among government servants. He said he is convinced that the FCID was doing this deliberately to turn government servants against the government.

 This was the kind of feedback that President Sirisena was getting even from his closest staffers. Several incidents piling up one on top of the other would have led to the President’s outburst. Even in October last year the President had criticized the CID for having summoned Wasantha Karannagoda to record a statement and had wanted to be kept informed whenever a head or former head of a branch of the armed services is summoned to record a statement. The President was obviously sensitive to the fact that he was the commander in chief of the armed forces and also the Defence Minister and when key members of the armed forces are hauled before the CID and FCID the public resentment is aimed more at him than any other member of the government. During his outburst a visibly angry President lashed out at the way members of the intelligence services had been kept in remand for months without proper charges being brought against them.

 What had obviously angered him most was the fact that former Defence Secretary Gotabhaya Rajapaksa and three former Navy Commanders had been taken to courts by the Bribery Commission without keeping him informed. He was obviously acutely aware of the toll that such incidents were taking on his role as the Commander-in-Chief of the armed forces. On top of all this came the news that the State Minister of National Integration and Reconciliation A.H.M. Fowzie had been noticed to appear before Colombo Chief Magistrate’s Court on October 28 over ‘corruption’ charges filed by the Bribery Commission. The charge was that Fowzie used a vehicle given to the Disaster Management Centre for his personal use. This latter incident undermined the president in his role as the leader of the SLFP.

At times one sees in the media reports that the Bribery Commission had filed four or five ‘corruption’ cases against someone or the other. Such reports convey the impression that these are four or five major cases of bribe taking by the individual concerned and the public assumes that millions of rupees would have been involved. But on inquiry, one finds that these are five cases filed against that individual for not handing in his assets and liabilities declarations for five years – each taken as a separate ‘corruption’ case.  

That odious creation,

the FCID

Not handing in one’s assets declaration is improper but it can hardly be described as an act of corruption in itself. That Fowzie took a vehicle with him from one ministry to another hardly qualifies as a major act of corruption. As S.B.Dissanayake explained, all ministers take their vehicles with them to other ministries when they change ministries and you can’t drag people to courts for something like that. Authorizing such vehicles to be ‘seized’ and returned to the correct ministry by specially assigned police teams may be the most rational way to go about it. Be that as it may, it was obviously a combination of all these pressures that caused the President’s outburst.

The president’s broadside has divided even the NGO supporters of the yahapalana coalition right down the middle with one group standing by him and another criticizing him for helping the ‘rogues’ of the former regime by publicly attacking the CID, FCID and Bribery Commission. The NGOs that stood by the president candidly admitted that just as the president said, the CID, FCID and the Bribery Commission had in fact been used for political purposes.  

The CID and FCID come under a UNP minister and hence they could be, and have been, used to harass political opponents. But the Commission to Investigate Allegations of Bribery and Corruption is supposed to be an independent commission of which the members are appointed by the Constitutional Council. So how was such an institution subverted and used for political purposes? The Bribery Commission is made up of three members who have been appointed by the Constitutional Council and nobody, not even journalists can remember their names. Nobody even remembers seeing their faces anywhere. As far as the public is concerned, the ‘Bribery Commission’ is its Director General Dilrukshi Dias Wickremesinghe. The latter’s name and face is widely recognised as face of the Bribery Commission. But she is a political appointee who was appointed to the Bribery Commission after having removed the previous Director General because he was considered  ‘unsuitable’ by the new government that came into power in January 2015.

When a new government removes key officials from institutions like the Bribery Commission and appoints people more to their liking what does that look like to the outside world? Dilrukshi Dias Wickremesinghe was appointed to that position to carry out a witch hunt – what President Sirisena is saying now was known to all and sundry from the very beginning. Even more scandalous was the setting up of the FCID. Though everybody refers to it as the Financial Crimes Investigation Division, the gazette notification that set it up refers to it as the Fraud and Corruption Investigation Division. By whatever name it is called, this was one of the most diabolical creations that some warped mind had conjured up. In this era where the independence of state institutions and especially law enforcement agencies are being talked of, the FCID was the very antithesis of that, made all the more revolting because it was set up by a government that came into power promising good governance and independent government institutions.

The FCID acts on complaints forwarded to them by an ‘Anti-Corruption Committee’ of polititicians and politically involved individuals headed by the Prime Minister. The other members of this committee are Ministers Mangala Samaraweera, Patali Champika Ranawaka, and Rauff Hakeem, parliamentarians Anura Kumara Dissanayake, R. Sampanthan, M. A. Sumanthiran and Democratic Party Leader Sarath Fonseka, Dr. Jayampathy Wickramaratne, J. C. Weliamuna and Malik Samarawickrema. This odious arrangement has been functioning now for 18 months and is one of the main reasons why this government is so scared of holding any election. They obviously fear that if they have an election and lose, they will be devoured by the very demons they themselves have created.

 Little likelihood of

a breakup

 Despite President Maithripala Sirisena’s outburst against the CID, FCID and Bribery Commission all of which are controlled by the UNP, it is highly unlikely that this will cause a parting of ways between the UNP and the SLFP (Sirisena faction). Both sides are only too well aware that they either stand or fall together. Despite some speculation that the SLFP (Sirisena faction) will join hands with the Joint Opposition, there is little likelihood that happening because the voters of the Joint Opposition will not vote for members of the Sirisena faction even if Mahinda Rajapaksa himself makes a request to that effect. It is unlikely that anybody in the Sirisena faction has any illusions about being able to join the Joint Opposition and carry on as if nothing happened. Whether they like it or not, the futures of the SLFP members in the government will in the medium to long term lie with the UNP.

 However in the short term because Maithripala Sirisena is the President, the UNP is always left holding the short end of the stick. It is the UNP that had to take a step backwards on the issue of abolishing the executive presidency. It was the UNP that had to yield on the question of distributing the ministerial portfolios and give some of the best portfolios to the SLFP group and it will be the UNP that has to grin and bear it and say and do nothing when the president lashes out at the law enforcement agencies controlled by them. One major cause for concern for the UNP however is that this outburst by the president was after this matter was discussed extensively at a meeting between the two sides the previous night. The fact that the president lashed out in public after such a meeting indicates that he thought it necessary to make the matter public to enforce his will on the UNP.

Be that as it may, another meeting was held between the two sides following the outburst and the very next day the president and prime minister were seen officiating at a temple ceremony together in Colombo and things seem to be under control at least for now. UNP members are also under strict instructions not to make any public pronouncements on what the president said. As we said earlier, whatever the differences between the two sides, they both know that they either stand or fall together. That is signified by the fact that even though it was to the UNP’s advantage to go in for the local government elections soon after the parliamentary elections last year, the UNP has not been pressing too hard for it. This is because after what happened at the parliamentary elections, it is unlikely that the Joint Opposition would contest together with the SLFP and if the JO fields a separate list, the Sirisena faction could be placed at a serious disadvantage at an election. That would in turn undermine the UNP which derived its power from Sirisena.

Ratnajeevan Hoole, a member of the Elections Commission wrote a interesting piece to The Island on Friday where he had described how the Minister of Local Government and Provincial Councils Faiszer Musthapha had given  Asoka Peiris, the Chairman, of the Delimitation Committee an unsolicited extension up to 31 October 2016. When Peiris had promised to finish his work by 15 August 2016. The minister had given him this unsolicited extension because he (the minister) could see that Asoka Peiris was working with impossible dates and ruining his health and wanted to give him a respite!

As the due date for completing the delimitation process draws near, the SLFP faction in the government has now dreamed up a new way of delaying the elections further – by holding an all party conference just to make sure that every political party is satisfied at the way the delimitation work has been carried out. If some party is not satisfied, more time can be taken to make the necessary adjustments. You very rarely hear any member of the UNP saying anything publicly about the local government elections. It is almost always a member of the SLFP in the government who makes pronouncements on the LG elections. The UNP has allowed the SLFP group to run around in circles in this manner to avoid holding the LG elections despite pressure from their own rank and file to hold the elections so that their ground level activists will have some standing as elected representatives.

There is resentment building up especially in the areas whether the UNP has been traditionally strong because the activists in those areas feel that they could be controlling the LG institutions in their areas and ruling the roost whereas they have now had to kick their heels doing nothing.

Dodging elections

at any cost

Despite the pressure coming from their own increasingly impatient rank and file the UNP has not been angling for the LG elections because they know that if the SLFP Sirisena faction is wiped out they too will lose power. Now with a string of cooperative election defeats indicating that the ground situation is not favourable to the UNP either, even the UNP would have lost their appetite for elections. Given this elections phobia that has now spread from the SLFP (Sirisena faction) to the UNP, it seems likely that by the end of next year we may find the provincial councils too ceasing to function one by one. When their time is up, the provincial councils stand automatically dissolved. The way things are going, given the fear that the government has of elections, by next the end of next year the Sabaragamuwa, North Central and Northern provincial councils may be allowed to lapse without holding an election. That a new constitution and a new system of devolving power is in the pipeline will be a convenient excuse for not holding the PC elections when they come due.    

 If the government has any hope of remaining in power till 2020, that will be entirely dependent on not having any election till then. If they hold any election whether it be the local government or provincial council elections and the government fares badly as they have been doing at the cooperative society elections, they will not be able to govern thereafter. In such an event, a period of transition will begin with the Joint Opposition calling the shots and nobody taking the lame duck government seriously. In such circumstances, it will be better for the government to agree to dissolve parliament and call for fresh elections. This is why the postponement of all elections is so important to the government. At any future election, the battle lines will be drawn between the UNP and the Joint Opposition. The faction of the SLFP led by President Sirisena really does not have any ground level presence worth talking about. In any event at elections, people divide on the basis of being either pro-government or anti-government and there the SLFP (Sirisena faction) is running the risk of falling in between two stools – the government space being occupied by the UNP and the opposition space dominated by the Joint Opposition.

The SLFP (Sirisena faction) by trying to be in the government while claiming to be not of it and hoping that the people will buy that story, will end up in a limbo. What really are the options that President Sirisena has in front of him? In order to see what his options are, we have to first figure out where he stands at this moment. In November 2014, Maithripala Sirisena joined up with the UNP to defeat the Rajapaksas. As soon as he won, he appointed Ranil Wickremesinghe as the prime minister and allowed him to form a new government even though the UNP had only 46 seats in parliament. But he had clearly told the electorate that if he wins, Wickremesinghe would be made prime minister. After all, his election was largely due to UNP votes plus those of the minorities. In order to ensure that the UNP minority government was not defeated in parliament, he had to take control of the SLFP – the leadership was offered to him on a platter - which he did and he used the majority of the SLFP to keep the UNP government in power. Then when it came to the 2015 parliamentary election, the fact that he was the leader of the SLFP helped defeat the SLFP and perpetuate UNP rule. But he delayed the election till the UNP lost some of its previous edge won by defeating Mahinda Rajapaksa. This, analysts believe, was not to give the UNP too much power.

So up to August 2015, it was useful for the UNP that Sirisena was the leader of the SLFP. But after August 2015, there is no practical use for the UNP in Sirisena continuing to be the leader of the SLFP. Now it is only Sirisena who needs the SLFP group in parliament for his own protection against the UNP which wants to abolish the executive presidency and deprive him of his job. In January this year, when Ranil Wickremesinghe introduced a resolution in parliament to convert parliament into a constitutional assembly, one of the main objectives of constitutional change according to its preamble was the abolition of the executive presidency. Sirisena used the SLFP ministers in the government to have the entire preamble expunged from the resolution. So that is now the role of the SLFP – protecting Sirisena’s job from the UNP.

For this he is maintaining the SLFP in grand style having given them the best possible portfolios. By that very act he is keeping the UNP restricted to some of the less important ministries creating enormous pressure on the UNP at the ground level. So the situation that the government has ended up with is that the UNP which has the votes does not have the power to help their voters but the SLFP group in the government which does not have votes has the power to help people but they have not been able to win the support of the majority of the SLFP rank and file even after liberally doling out patronage. Thus as of this moment, the President’s continued leadership of the SLFP has sent the governing coalition into a tailspin from which it is unlikely to recover. As we said earlier, the reason why neither of the coalition partners in the government are keen on having elections is because they are both acutely aware of the dicey situation the government is in – which is why some see the President’s broadside against the CID, FCID and Bribery Commission as a case of him trying to come to a separate peace with the Joint Opposition as an exit strategy for himself. 

Harakiri Or ‘Kiri’ For Gota? President Is ‘Misguided’ By His Own Intelligence


Colombo Telegraph
October 16, 2016
Hell broke loose when President Sirisena expressed his displeasure over top three Naval officers and ex defence secretary Gotabaya Rajapaksa – war heroes were taken to the Colombo Courts but what ails president to speak so?
Maithripala
Maithripala
The man who said if anyone proved to be corrupt and substantiated with evidence, he will not spare them. But the President was annoyed and angry for questioning veteran senior politician M H M Fowzie or misuse of state vehicles.
He blamed the CID, FCID, and the Bribery Commission for working based on political agendas and ‘not complying to be independent’.
The President told that last year also military officers were taken for questioning and he expressed his displeasure.
“Few Weeks ago too, the CID took three top Navy officers who fought the war to courts. I was totally against that action,” he told the audience gathered at the Sri Lanka Foundation Institute on October 12,
He said, he sees that the Independent Commissions should be focused and maintain ethics and policies, should know their limitations and areas of work as well.
He pointed out that he was not informed about former defence Secretary Gota taken to Colombo Magistrate last week where he was detained for few hours before he was released on bail.
“If there is an issue regarding Avant Garde and Defence Ministry involved, there is a way to probe. There is a method to follow on such cases. As the executive President I was not informed about Gotabaya being taken to courts and bailed later on,” the President asserted.
Gotabaya and six others was detained in connection to Avant Garde case in Colombo Courts for few hours before Chief Magistrate Gihan Pilapitiya granted bail and released them last week.
President also pointed out that couple of military officials who are in police custody for more than 10 months and their cases are not being heard. “When I inquired, initially they said its only for two weeks. After two weeks they said 3 months will be needed. Then it went up to 16 months.”
He stressed that if these officials have found guilty, then a case should be filed.”If no case against them release them or grant bail and continue with the probe,” he added.
He said he did not want to bring this matter but now he had to. He pointed out that we should be responsible and these are human rights violations. The FCID CID and BC cannot work on political agendas.
The point is, why not probe? Whose political agendas is the President talking about and what’s upsetting him actually?
According to inside sources President is being ‘fed’ with information that is triggering all these chaos.
Apparently, some group is watching on the coming events and informing the President who in return is ‘watching’ how certain officials conduct themselves and the parameters they use when dealing with the VIP cases.
Director General of the Commission to Investigate Allegations of Bribery or Corruption Mrs. Dilrukshi Dias Wickramasinghe seems to be ‘leaking’ news to the media every time she meets the President. This has been told to him.

Lasantha’s murder: Police can’t come to a conclusion on suicide note


2016-10-16

IGP Pujith Jayasundara yesterday said the Police were unable to come a conclusion regarding the suicide note allegedly written by the retired army officer who claimed responsibility for the murder of Sunday Leader Editor Lasantha Wickrematunge.
Speaking to the media after attending an event in Vauvniya, he said the CID had carried out a separate investigation into the alleged suicide of the army officer who was found hanging.
The IGP also said the reason behind the suicide note should be investigated.
“There are certain facts that should be considered before declaring the note is genuine. We should first find out why he made such a claim and whether it was a personal or job related issue. Things that prompted him not only to make such a claim but also pushed him to take his own life should be thoroughly investigated. Investigations should verify whether his suicide was a result of mental pressure or any threats leveled on him,” IGP Jayasundara said. (Romesh Madushanka)


Video by Romesh Madushanka

The rebranding of Mahinda as the born again ultimate liberal

The painful atonement begins, the political cleansing starts as the man for all reasons and for all seasons promises the sun, moon and stars to all
MAHINDA RAJAPAKSA: There’s a kind of hush all over Lanka as remolding the Rajapaksa image begins in earnest
(File photo courtesy AP.)

The Sunday Times Sri LankaSunday, October 16, 2016

The scarlet satakaya is still there but gone is the strident oratory, the purpled emotive prose that made 5 million people worship at his altar last year, as the liberator of the nation, Dutugamunu style.

Mahinda Rajapaksa has at long last come to realise that beating the hackneyed drum of Sinhala chauvinism will no longer suffice to ensure a return to power without the support and vote of all sections of the Great Lankan public. No doubt he has come a long way to arrive at this milepost. But he still has a long way to go. But for starters, it will do.

Even as Oscar Wilde discovered in his prison cell at Reading Gaol while staring at his little tent of blue prisoners call the sky, how he had been the spendthrift of his genius, and how its squander had brought him to that horrible pass; so it seems has Mahinda Rajapaksa learnt, from his internment in the political wilderness, how he had been driven by fates and by his acolytes to become the spendthrift of the goodwill a grateful nation bestowed on him on 19th May 2009; and how its reckless squander had landed him beyond the people’s pale.

Surveying the Lankan landscape he once held as his fiefdom, and finding on it the patch of blue Wilde found in the sky, Rajapaksa has voyaged purgatory to soul search his sins and hit upon de Profoundis and realised, if there ever were to be a reincarnation for him, a place of heaven at the helm of Lanka’s tower of power, first he must wear the coarse sack cloth of the penitent, and perform penance on crawling knees and beg forgiveness before those whom he had scalded at the heights of his presidency.

First it was to the Tamils, he said Vannakkam.

When his government’s policy towards this minority race of Lankan citizens had been to wave the Lion Flag in the face of their just demands; when his government’s defence stance, answering claims that innocent Tamil civilians were killed in the last stages of the Eelam war, had been to say, ‘there were zero civilian casualties’; to reach out now to the Tamils at this late hour of reckoning and seek their hand in mutual friendship when they had suffered so much at his; would seem to be the actions of a desperate man possessed with a blind faith in hope against all hope.

Holding a special press conference exclusively to Tamil journalists last Monday, an audience he has still not granted to Sinhala journalists for the last few years, Rajapaksa signaled, by that patronising gesture alone, that he intended to shop at the Tamil mall, earn their goodwill and trust on credit first and, thereafter, sell his reconditioned and customised second hand wares at discounted rates to Tamil shoppers.

No doubt it must have been sheer penance for him to first begin his soapy sermon. But once he had got into his stride, the born politician in him took overall command and didn’t seem unduly lathered over the atonement process. Well, not half as much as the Weerawansas, the Gammanpilas and the whole battalion of southern die-hards who took their chauvinist cues from him, would certainly have been, had they been but flies on the wall at the Battaramulla office; and heard the unfamiliar, strange sounds resounding in the citadel of Lanka’s self proclaimed King of the Sinhalese.

But this time it was not to the Sinhala gallery he was playing his racist song and thumping his communalistic rabana which won cries of encore down South whenever he struck a beat. This time he was the balladeer, serenading the minority Tamil audience, those who had given him unsympathetic ear at the 2010 presidential election and the thumbs down ever since.

Now, having realised the folly of ignoring the lot and casting them to the northern bin of history, he had been reduced by his pitiful circumstances, to finally recognise them as being citizens of this country, too, who also held in their hands not the gun which could be disarmed but the sovereign ballot which could not be disenfranchised. Hence last Monday’s baptism before the exclusive Tamil band of journalists was to whitewash himself in a tub of liberalism and emerge as the new enlightened Rajapaksa, the Avatar of Humanity.

While the southern front was all afire, and justifiably at that, over Northern Chief Minister Wigneswaran’s Eluha call last month (as contained in his letter to the Tamil speaking people which, stated as it was in black and white, did not leave any room for misinterpretation, as claimed by him after the storm broke) to merge the north and east under a federal setup, to stop Sinhalese from colonising the areas demarcated for a future Tamil Eelam and to ban the erection of a single Buddha statue in those areas, Rajapaksa surprised all by elevating Wigneswaran to his own new found non communalist pedestal and, sharing with the errant northern chief minister not only the space at the top of his plinth but also the self made halo atop his head, sainted him as not being a racist at all but only a politician, albeit a failed one.

“I don’t believe the Chief Minister is a racist. He is a politician,” the former president said. “He cannot show results. He has no answers. So to make people forget their problems, he is trumping up nationalism.”
Perhaps it was Mahinda’s anointment of Wigneswaran as a non racist, even after the former supreme court justice turned rabid maverick had used the word ‘Sinhala Buddhisisation of the north and east to describe the Sinhala people erecting a Buddha statue to pay homage to the founder of one of the world’s major religions with a following of over 500 million adherents, including Tamils; perhaps it was Mahinda’s insistence that it was politically correct of Wigneswaran to have ‘denounced the erection of Buddha statues’ and his issuance of a non racist good conduct certificate to the rabble rousing chief minister of the north, that made Bodu Bala chief, Gnanasara Thera call his Sinhala troops to sheath their swords which he said should be raised over Wigneswaran’s communal message. It would also have made the other ultra racists to surprisingly change their tune as well and soft pedal the issue though the majority of moderates resented Wigneswaran’s hate speech and held it had racial overtones.

Many things also appeared to the wooing Rajapaksa to be different to what he had seen as the authoritative president. For instance, referring to the Tamils who had been rounded up and held in the aftermath of the war, he said his intention was to send them to rehab camps but lawyers in the Attorney General’s Department – the same department he had brought under his own direct purview through the now repealed infamous 18th Amendment in 2010 – had objected. The request had come from the lawyers, he said. It was they who wanted them to be produced in court and so they were produced in court. Else they would have been sent to the rehab camps and possibly they may have been freed at that time itself.

“They were facing criminal charges’, he told the Tamil journalists, “and the government could not interfere with the due process. It is wrong to do that. But if the Attorney General’s Department wishes to withdraw the charges or expedite the cases they can do so. The fault we made then was that we did not have a dialogue with those people and our political leaders should have gone there and interacted with them.

Looking through his coloured glass, the ‘Eluha Thamil’, or ‘Rise Tamils’, march held last month was not communal in character at all. The Tamil youth who participated was not raising any communal issues but their own personal ones. The farmer came out because he cannot sell his rice. The fisherman came because he is not allowed to fish, the youth came because they have no jobs, government servants came out because they have no means to live. Apparently, none came to raise communalism.

And perhaps, the chief minister who is not a ‘racist’ by Mahinda’s new word book came out to join the march because he, as their leader, had to follow the crowd; and end up, even as he had done before the march had begun, by demanding not a single Buddha statue to be built not only in the north where there are 30,000 Buddhist but also in the east where 354,000 Buddhist live together with 539,000 Hindus and 575,000 Muslims live according to the last count in 2012.

But then moments later Rajapaksa told the journalists that had he been the president he would not have banned the march since he would not have permitted anyone to hold marches and raise racial sentiments anywhere in the country.”There must be one law for all,” he added.

Then on Wednesday, the 5th of October, it was the turn of the Muslims to be greeted by him at this same Battaramulla office with an As-salamu alaikum. This time it was not a Tamil only press conference but a heart to heart chat with representatives of the Muslim community. Borrowing a leaf from Weerawansa’ script and a page from World War Two history, Rajapaksa took on the role of old King Lear in Shakespeare’s tragedies and presented himself as ‘a man more sinned against than sinning.’

The trust the Muslims had placed on him had been shattered and it was all due to a sinister foreign conspiracy waged against him during the last presidential election. Even World War Two Hitler’s propaganda minister was brought into the picture to illustrate the’ Goebbels’ styled propaganda campaign that had been conducted to drive a wedge between him and the Muslims. How could he, he asked the Muslim representatives gathered at his office, be called a communalist when he had never been one in the past and will never be one in the future. And, for good measure to consolidate his claim, he said his father and even his forefathers had greatly helped the Muslims to settle down in Hambantota and provided them with all facilities. “The Muslims’, he declared, “can be assured they will be protected and given all their rights, just as much as the Tamils and the Sinhalese”. And even as a woman knows that the way to a man’s heart is through his stomach, he said “Hunger is common to all people of all communities,” though he forgot to add the corollary, that blood, too, is common to all and ‘sinha le’ is no different to the blood of all other races.

And what did he promise the Sinhalese? Last Saturday, on the day the launch of his new party was to be declared but which did not materialise since, as he said, ‘the people must decide when the time is opportune’, Rajapaksa addressed the Joint Opposition rally at Ratnapura.

Here he was on home ground, preaching to the converted. Here, as the canned music played greeted him with ‘our appachchi has come’, there was no need to make amends, to mend fences, not even the need to assure the largely Sinhala crowd that he will give them the protection they need and will safeguard the rights they already have. A simple ayubowan was all that was necessary to whip the crowds to a frenzy of adulation.

There was only the same rhetoric, the same tirades against the government, the usual boast that getting a few MPs to cross over was a trifle and that the joint opposition of today will not have to wait three or four years but will be the government sooner than thought but not a hum on the Tamil issue or how he saved the country from Tamil terrorism. And through the cheers of the Rajapaksa congregation, he asked the faithful flock, “What are you asking for? What do you want? I will give it to you.” But, after promising to give the sun, moon and stars, in the din of applause that greeted his invitation, “All you have to do is ask”, he was quick to add a hardly audible qualifier, “provided I think you need it”, probably aware of the problems Mrs. Bandaranaike faced in the 70’s when she promised free rice even from the moon and came a cropper when ration books and long queues became a way of life to the common man.

Thus in that week that was, in his whirlwind shuttle diplomacy to restore lost credibility amongst the minority races and to reaffirm his pledges to the majority, he had reached out to the Tamils and, instead of castigating Wigneswaran for the racism expressed, he had condoned his bigotry; he had embraced the Muslims and absolved himself of any responsibility for racist attacks carried out under his regime when he was president but blamed it all on western conspiracies and a Goebbels propaganda machine; and finally at Ratnapura he had returned to the Sinhala heart and sought to make it beat faster for his return to power. It was a suave performance to rebrand himself as the ultimate liberal in Tamil and Muslim eyes; and, once again, as the kapruk tree where the Sinhalese could lay their wishes for all their wants at the root and have them all granted, provided they needed them in his paternalistic eyes . If they didn’t, tough luck.

All very well and all very welcome to see that Mahinda Rajapaksa, from the nadir of his present plight, had found in himself the humbleness to admit the folly of his ways and seek a new beginning by rebuilding the bridges of trust between all communities and accepting all as citizens of one Lanka.

No doubt it will be hard and painful to swallow the arrogance of power and, like a toothless lion shorn of mane and deprived of pride, to kiss the hand he sought to spurn, the hand he once brushed aside in his triumphant hour of the Tiger kill. But expressions of regret and remorse are the first steps toward atonement and now, with this done, it bodes well for Lanka, whether the minority races take the bait or no, that the racist drums that sounded for so long and helped to collectively brand the Sinhalese as racist will hopefully start to fade and fall.
The rebranding of Mahinda Rajapaksa, as a better man for having learnt from his mistakes, is a positive step towards making ‘racism’ and ‘religious bigotry’ dirty words both in the Sinhala and Tamil vocabularies; and hopefully, one that will make political pariahs of those, be they in the south or north of Lanka, who espouse racial hatred as their gospel of faith to gain power.

Wimal’s rule of anarchy
When Wimal Weerawansa was asked by a daily English newspaper on Wednesday, whether it had slipped his memory that no action had been taken by the then President Rajapaksa when maverick Mervyn of the last regime committed various acts of intimidation and terror, including the storming of Rupavahini and Sirasa TV stations, his answer gave an insight to his own concept of the rule of law and how best law and order could be maintained and justice meted to the deserving, measure for measure.
He said that there had been no need for President Rajapaksa to have taken any action against Mervyn Silva for Mervyn ‘got his just deserts’ at the hands of the Rupavahini employees who had assaulted him on the premises itself.
In other words, if people take the law into their own hands and thrash an assailant or kill a murderer they would have executed summary justice; and resort by the law enforcing authorities to the expensive and time consuming due process to bring the guilty to justice would be redundant.
The rule of law may have been replaced by the law of anarchy but justice would still have been done; and in the case of Mervyn Silva, from the raw TV footage aired showing his blood soaked shirt and bleeding face as he was bundled out of the Rupavahini Corporation premises on 18 February 2014, justice was not only done but had ‘been manifestly and undoubtedly seen as having been done’. And for Wimal Weerawansa, the legal dictum of Lord Chief Justice Hewart of England had been amply satisfied. Case closed.

Reorganising the electricity supply industry -Kumar David

Reorganising the electricity supply industry -Kumar David

Oct 16, 2016

This concluding third part of the series outlines a conceptual proposal for the reorganisation of the electricity supply industry (ESI) in Lanka; it is conceptual, not a blueprint cast in stone.

The motive is to embrace new technologies and business practices and to meet emerging challenges. Privatisation is inimical when national or regional monopoly settings (‘public goods’) prevail – transmission ownership, operation and system control is an example, so are similar functions in distribution. Only a lunatic will contemplate two overlapping transmission systems in one country or imagine two distribution networks under roads and over farms and homes in a locality.
Where competition is desirable is in electricity generation. An IPP (Independent Power producer) may be domestic, foreign (FDI) or joint-venture capital. There was a global trend towards a power market in the 1990s but after the catastrophic California Power Market crash in 2001 the trend receded. Globally, recent acquisitions signal a turn to consolidation, but irrespective of market type, the ESI is responding to advances in technology and new trends in energy supply. Global trends however must be modified to a local context; otherwise one will be shooting at abstract targets.
Smaller gas-fired plants are cost competitive in capital and operation in countries with gas deposits. This makes distributed generation attractive. But in Lanka this is predicated on a gas distribution network for industry and transport in general; otherwise better stay with centralised power stations and ship out electricity. In a trade-off between transmission losses and capital investment in special purpose pipelines to ship gas to power stations only, the former wins.
Mini and micro generation (less than 10MW; hydro, wind, rooftop PV and wood based) and industry based standby plant is on the increase, but electricity sector reorganisation is not warranted to deal with these pimples. Rooftop solar (as distinct from large utility size solar farms) even if it adds hundreds of MW of simultaneous injection at high-noon on a bright day, can, technically, be handled on-the-hop by distribution entities.
Independence of the system operator-cum-transmission-owner, and independence of a centralised electricity buyer from individual generating companies (including the CEB’s generation arm) is imperative if competition in power supply and the incorporation of large solar (and wind) farms is to be accomplished. Sounds complicated? Hang on; it will be clearer when a typical structure is laid out, so let me take the plunge and sketch a long-term structure; it is premature to discuss implementation stages. The diagram shows functions that currently belong to the CEB split into three blocks - CEGen, CEGrid & CEBuy and Discos. Separate from this is Other Generators, Consumers, the Regulator (a replacement PUCL) and Contracts. Let me lay out the thinking behind this.
The independent grid operator

The transmission system - and its control, management and expansion - is queen of electricity supply. CEGrid must be impartial to all competing suppliers in the market, including CEB generation (CEGen); it must be even-handed to all buyers (Discos).  Above all as a national monopoly - provider of a public good - it must be a publicly accountable body like the Central Bank. Think of CEGrid as a court of law adjudicating between plaintiffs (generators) and defendants (distributors).
To achieve these ends it must be independent of all generators and distributors and tracked by a sensible rule-making Regulator. (Currently PUCL and CEB are involved in a procession of petty squabbles; “We told you to do a 20 year plan, how dare you do a 24year plan!”) . CEGrid will impose a use-of-system fee on generators and end-users to recoup transmission losses and organisation costs and to procure funds for grid expansion. The principal structural change that I am emphasising today, an independent transmission system (CEGrid), is already well established in quite a few countries.
CEGrid can contemplate many innovations. One overhyped novelty is the so-called smart-grid. This is the use of computer intelligence, power-electronic switches, algorithms and the Internet to re-switch lines and devices called SVCs and capacitors so as to enhance operational capability. At least that’s the hype, but I am not persuaded the smart-grid is a game changer or has achieved much in transmission networks. (Distribution is another story; automation and smart techniques have improved reliability between the consumer and the local supply point in many countries). Of course many things can be done even without restructuring, but the point is not in the detail; it is that the grid must be free to improve, innovate, keep abreast of developments and not be tied to the apron strings of any power generation company or corporation. For example there has been talk of an up to date system control centre for years, but nothing has happened. An independent CEGrid will be motivated; “unbundling” or separation is a concept that deserves scrutiny by all stakeholders.
Competition in generation
The big story globally in the 1990s was competition in generation to bring down prices and enhance efficiency. To prepare the ground locally, the generation arm of the CEB will have to be spun off into a separate state-owned entity, CEGen. Or maybe two; a hydro part and a thermal generator like India’s state owned National Thermal Power Corporation, India’s largest power producer. The hydro sector in Lanka has a unique feature; fuel cost is zero but dispatch (water discharge schedules) must respect downstream irrigation and human needs. This imposes constraints on ‘dispatch’ - ‘dispatch’ means running generators and injecting power into the grid.
Reliance, Tata and other mega-players have entered the Indian power market and compete for market share. It is similar in other big countries. But if a truly competitive market is opened in Lanka will there be IPP takers? I am not sure whether IPPs want only protected sinecures. Competition is not to be confused with the money for jam IPP game that we have played in this country for 20 years. Fat profits, recovery of investment and guaranteed sales is not risk taking competition. Nevertheless let’s put my doubts to one side and assume that the private sector will respond to a power market, investing in the sector and competing genuinely on the basis of price.
Where will future gas-fired power stations fed from an LNG harbour terminal fit in? I guess construction of the $500 million LNG terminal will be venture between a port authority and foreign capital. Long term ownership will presumably be vested in some state entity because not only power generators but transport and industry will need to access it. We can then conjecture that from say 2025 power growth will average about a 300MW year. The technologies of choice will be gas, clean coal if its reputation is restored, and renewables. Let us conjecture that some of this is undertaken by CEGen but that private developers too will respond. This then is the case for a competitive power market.
CEGen, even stripped of the hydro component will be a pretty profitable enterprise; it could be profitable right now if shorn of the burden of providing subsidised electricity to indigent sections of the population and religious joints. In a competitive power market, subsidies are a societal choice to be met by government, not burdened on a generator.  CEGen will be able to drive competitors out of the market since the biggest component of cost, pass-through fuel cost (gas price), will be the same for all. But CEGen has a head start with Norochcholi, whose coal based prices, gas-fired plants will not be able to match - see tables in last week’s Part II.
CEBuy
CEBuy is mostly bits-and-bytes; in manpower and capital it will be a small unit whose job is to clear the market. That is, it will, with the assistance of the Discos, past data and its own expertise, forecast day-ahead demand at say 3 am, for the next day. It will also receive on-line, offers of how much power and at what prices, competing generators are offering. It then clears the market; that is it accepts the cheapest offers for each time step, notifies these generators and informs CEGrid what to expect. Tough luck for generators who quote high though most may be able to sell something at peak time. Buy and Grid must coordinate intimately since dispatch schedules submitted by Buy may be operationally infeasible, making regular iteration necessary.
Real-time demand and day-ahead dispatch schedules will not match exactly, or there will be unexpected events. CEGrid will therefore have ‘balancing power’ agreements with some generators to buy or shed extra power at a moment’s notice. CEGrid may even own some fast acting generators. In my view the better option is to vest control of the hydro complexes (Mahaveli, Kelani, Walawe etc.) in CEGrid. These zero-cost units are not relevant to competition, water storage is vital to annual irrigation and power dispatch planning, and daily/weekly/monthly running of hydro is constrained by downstream needs. The logical place for all this is an energy management sub-unit of CEGrid.
Solar power has a random quality that requires intimate operational alignment with CEGrid. One rationale for disentangling CEGrid into a separate entity is to deal with solar power’s headaches (stochastic, non-dispatchable and without inertia – see Part I). If renewables are going to come in big time, then an independent system control and dispatch entity is useful. You will observe that my case for restructuring is not much based on competition in generation but much more to do with technical rationalities that can be incorporated if CEGrid is independent from CEGen. A further motive for restructuring is that there may be a good case for introducing Discos – next section.
If the power market does not take off Buy can be dismantled and absorbed into Grid leaving a simple three tier structure of a statutorily independent grid which also looks after hydro, a state owned thermal power generator and several regional distributors. It is absolutely essential that the structure, at least at the early stages, be kept simple. Complication will lead to chaos!
    
I crave your indulgence to address a few words of technical gibberish to engineer readers. I believe fixed frequency AC will remain the foundation of electricity supply for the remainder of this century. Nicola Tesla’s marvellous transformer cannot be supplanted. Then, massive rotating masses will remain the bedrock of frequency and stability management. Photovoltaics and technologies which generate DC and inject power through inverters (power electronic devices) will play a supplementary role, but the AC grid will reign supreme. This essay on ESI restructuring adopts this as a premise.
Discos
Currently CEB distribution is managed by nationwide regional distribution divisions and one semi-independent company LECO. At some point in time maybe we should spin-off this family into many LECO-like independent entities. Since electricity distribution is a regional monopoly (a public good) these entities will have to be regulated and accountable to the public. Since LECO seems to be a success there may be economies and efficiencies of dis-scale in unbundling.  On the other hand economies of scale may be lost. It is best to start with one or two more distant trials (Jaffna Peninsula, Upcountry, Matara and beyond) and see what experience teaches.
I cannot discuss the Regulator (PUSL has to be reformatted if the electricity supply industry is restructured) or explain the box called Contracts on the right because this piece will become longer; I have overrun my usual word limit already. In closing I repeat, my prescriptions are flexible; they are an invitation to further discussion.
(The author’s IEEE Fellowship was for work on ESI Restructuring)

MPs’ duty free car permit racket

SC to be moved against several state institutions


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By Shamindra Ferdinando- 

Attorney-at-law Nagananda Kotituwakku yesterday told The Island that the Supreme Court would soon be moved against the Commissioner General of Motor Traffic for illegal transfer of duty free vehicle permits issued to members of parliament to new owners who had absolutely no right to benefit from tax exemption. Kodituwakku said that the SC would also be moved against the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and the Finance Ministry.

Duty free permits issued to members of parliament had been used to import 70 vehicles to the country so far with almost all going for Toyota Land Cruisers, former head of the Customs Revenue Task Force Kotituwakku said, adding that so far 20 elected representatives had transferred vehicles to new owners on the same day they were first registered.

According to data released by the Department of Motor Traffic to Kodituwakku in accordance with the Right to Information (RTI) Act, the following members had transferred the ownership of vehicles, Maharoof Imran (UNP), Priyal Nishantha de Silva (UPFA)

Palitha Kumara Thevarapperuma (UNP), Mohan Lal Grero (UNP), Kanchana Wijesekara (UPFA), Sujeewa Senasinghe (UNP), Nishantha Muthuhettigamage (UPFA), Wimalaweera Disanayake (UPFA), Romesh

Pathirana (UPFA), Sarath Nishantha Perera (UPFA), Wasantha Aluvihare (UNP), Wasantha Senanayake (UNP) Janaka Bandara Tennekoon (UPFA), Buddika Pathirana (UNP) Sivapragasam Sivamohan (TNA),Chamal Rajapaksa (UPFA) Sarath Chandrasiri Muthukumarana (UPFA), Sisira Kumara Jayakody (UPFA) and Sivaghanam Shritharan (TNA)

The former head of the Customs Revenue Task Force and public litigation activist alleged the state had been deprived of revenue to the tune of Rs. 33,459,250 on each of those vehicles. According to him, they had only been charged Rs 1,750 each by the Customs as data entry frees.

He alleged that those MPs had sold their duty free vehicle import permit for Rs 25 million each.

Responding to a query, Kodituwakku pointed out that those who had transferred ownership of duty free vehicle permit included members of the two major political parties as well as the breakaway UPFA faction, the Joint Opposition.

The attorney-at-law emphasized that the duty free vehicle permits had been issued to members in March 2016 though cabinet decision for the same was taken several weeks later.

Kodituwakku said that he had brought the corrupt practice of transferring vehicle permits issued to members of parliament to CIABOC in Dec 2015 though no action was taken.

According to Kodituwakku, permits for the importation of motor vehicles had been issued by Vajira Narampanawa, the then Secretary to Parliamentary Reforms and Mass Media Ministry to all 225 elected and appointed members of parliament.

Kodituwakku also made available a letter dated Oct 5, 2016 sent to President Maithripala Sirisena requesting his immediate intervention to stop abuse of duty free vehicle permits. Kodituakku has queried why the government allowed such corrupt practices after having campaigned on anti-corruption platform at two national level elections in 2015.

In his latter to President Sirisena, Kodituwakku has said that the absence of accountability process in Sri Lanka had already come under scrutiny by the United Nations Human Rights Council, compelling the Government of Sri Lanka to concede that the people had no trust and confidence in the administration of justice and persuading it to co-sponsor the Resolution (A/HRC/RES/30/1) passed on 01st Oct 2015 in Geneva, Switzerland. Kodituwakku said: "It is regretted to mention that the Government of Sri Lanka has been forced into this embarrassing position and disrepute, due to the failures of this nature (as depicted in this complaint) by those who hold high public offices at the expense of the general public. By the foregoing, you will also observe, how the lawmakers of Sri Lanka have become lawbreakers and how their deceitful actions of this nature are being shielded by the ignorance and inaction of the CIABOC, plainly betraying the trust placed in it by the people of Sri Lanka."