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

Friday, January 20, 2017

Noam Chomsky: The US Health System Is an "International Scandal" -- and ACA Repeal Will Make It Worse


(Image: Lauren Walker / Truthout; Adapted: Thomasjphotos)

By C.J. PolychroniouTruthout | Interview-Thursday, January 12, 2017

Changes are coming to America's health care system. Not long from now, the Affordable Care Act could be history. President-elect Donald Trump wants to repeal so-called Obamacare, although he is now urging Republicans to repeal and replace it at the same time. But replace it with what?

The political culture of the most powerful nation in the world is such that it vehemently defends the right of people to buy guns but opposes the right to free and decent health care for all its citizens. In all likelihood, the Trump health care plan will be one based on "free market principles." Under such a plan, as Noam Chomsky notes in the exclusive interview for Truthout that follows, poor people are likely to suffer most. In other words, the scandalous nature of the US health care system is bound to become even more scandalous in the Trump era. Welcome back to the future.

C.J. Polychroniou: Trump and the Republicans are bent on doing away with Obamacare. Doesn't the 2010 Patient Protection and Affordable Care Act (ACA) represent an improvement over what existed before? And, what would the Republicans replace it with?

Noam Chomsky: I perhaps should say, to begin, that I have always felt a little uncomfortable about the term "Obamacare." Did anyone call Medicare "Johnsoncare?" Maybe wrongly, but it has seemed to me to have a tinge of Republican-style vulgar disparagement, maybe even of racism. But put that aside.... Yes, the ACA is a definite improvement over what came before -- which is not a great compliment. The US health care system has long been an international scandal, with about twice the per capita expenses of other wealthy (OECD) countries and relatively poor outcomes. The ACA did, however, bring improvements, including insurance for tens of millions of people who lacked it, banning of refusal of insurance for people with prior disabilities, and other gains -- and also, it appears to have led to a reduction in the increase of health care costs, though that is hard to determine precisely.

The House of Representatives, dominated by Republicans (with a minority of voters), has voted over 50 times in the past six years to repeal or weaken Obamacare, but they have yet to come up with anything like a coherent alternative. That is not too surprising. Since Obama's election, the Republicans have been pretty much the party of NO. Chances are that they will now adopt a cynical [Paul] Ryan-style evasion, repeal and delay, to pretend to be honoring their fervent pledges while avoiding at least for a time the consequences of a possible major collapse of the health system and ballooning costs. It's far from certain. It's conceivable that they might patch together some kind of plan, or that the ultra-right and quite passionate "Freedom Caucus" may insist on instant repeal without a plan, damn the consequence for the budget, or, of course, for people.

One part of the health system that is likely to suffer is Medicaid, probably through block grants to states, which gives the Republican-run states opportunities to gut it. Medicaid only helps poor people who "don't matter" and don't vote Republican anyway. So [according to Republican logic], why should the rich pay taxes to maintain it?

Article 25 of the UN Universal Declaration on Human Rights (UDHR) states that the right to health care is indeed a human right. Yet, it is estimated that close to 30 million Americans remain uninsured even with the ACA in place. What are some of the key cultural, economic and political factors that make the US an outlier in the provision of free health care?

First, it is important to remember that the US does not accept the Universal Declaration of Human Rights -- though in fact the UDHR was largely the initiative of Eleanor Roosevelt, who chaired the commission that drafted its articles, with quite broad international participation.

The UDHR has three components, which are of equal status: civil-political, socioeconomic and cultural rights. The US formally accepts the first of the three, though it has often violated its provisions. The US pretty much disregards the third. And to the point here, the US has officially and strongly condemned the second component, socioeconomic rights, including Article 25.

Opposition to Article 25 was particularly vehement in the Reagan and Bush 1 years. Paula Dobriansky, deputy assistant secretary of state for human rights and humanitarian affairs in these administrations, dismissed the "myth" that "'economic and social rights constitute human rights," as the UDHR declares. She was following the lead of Reagan's UN Ambassador Jeane Kirkpatrick, who ridiculed the myth as "little more than an empty vessel into which vague hopes and inchoate expectations can be poured." Kirkpatrick thus joined Soviet Ambassador Andrei Vyshinsky, who agreed that it was a mere "collection of pious phrases." The concepts of Article 25 are "preposterous" and even a "dangerous incitement," according to Ambassador Morris Abram, the distinguished civil rights attorney who was US Representative to the UN Commission on Human Rights under Bush I, casting the sole veto of the UN Right to Development, which closely paraphrased Article 25 of the UDHR.The Bush 2 administration maintained the tradition by voting alone to reject a UN resolution on the right to food and the right to the highest attainable standard of physical and mental health (the resolution passed 52-1).

Rejection of Article 25, then, is a matter of principle. And also a matter of practice. In the OECD [Organization for Economic Cooperation and Development] ranking of social justice, the US is in 27th place out of 31, right above Greece, Chile, Mexico and Turkey. This is happening in the richest country in world history, with incomparable advantages. It was quite possibly already the richest region in the world in the 18th century.

In extenuation of the Reagan-Bush-Vyshinsky alliance on this matter, we should recognize that formal support for the UDHR is all too often divorced from practice.

US dismissal of the UDHR in principle and practice extends to other areas. Take labor rights. The US has failed to ratify the first principle of the International Labour Organization Convention, which endorses "Freedom of Association and Protection of the Right to Organise." An editorial comment in the American Journal of International Law refers to this provision of the International Labour Organization Convention as "the untouchable treaty in American politics." US rejection is guarded with such fervor, the report continues, that there has never even been any debate about the matter. The rejection of International Labour Organization Conventions contrasts dramatically with the fervor of Washington's dedication to the highly protectionist elements of the misnamed "free trade agreements," designed to guarantee monopoly pricing rights for corporations ("intellectual property rights"), on spurious grounds. In general, it would be more accurate to call these "investor rights agreements."
Comparison of the attitude toward elementary rights of labor and extraordinary rights of private power tells us a good deal about the nature of American society.

Furthermore, US labor history is unusually violent. Hundreds of US workers were being killed by private and state security forces in strike actions, practices unknown in similar countries. In her history of American labor, Patricia Sexton -- noting that there are no serious studies -- reports an estimate of 700 strikers killed and thousands injured from 1877 to 1968, a figure which, she concludes, may "grossly understate the total casualties." In comparison, one British striker was killed since 1911.

As struggles for freedom gained victories and violent means became less available, business turned to softer measures, such as the "scientific methods of strike breaking" that have become a leading industry. In much the same way, the overthrow of reformist governments by violence, once routine, has been displaced by "soft coups" such as the recent coup in Brazil, though the former options are still pursued when possible, as in Obama's support for the Honduran military coup in 2009, in near isolation. Labor remains relatively weak in the US in comparison to similar societies. It is constantly battling even for survival as a significant organized force in the society, under particularly harsh attack since the Reagan years.

All of this is part of the background for the US departure in health care from the norm of the OECD, and even less privileged societies. But there are deeper reasons why the US is an "outlier" in health care and social justice generally. These trace back to unusual features of American history. Unlike other developed state capitalist industrial democracies, the political economy and social structure of the United States developed in a kind of tabula rasa. The expulsion or mass killing of Indigenous nations cleared the ground for the invading settlers, who had enormous resources and ample fertile lands at their disposal, and extraordinary security for reasons of geography and power. That led to the rise of a society of individual farmers, and also, thanks to slavery, substantial control of the product that fueled the industrial revolution: cotton, the foundation of manufacturing, banking, commerce, retail for both the US and Britain, and less directly, other European societies. Also relevant is the fact that the country has actually been at war for 500 years with little respite, a history that has created "the richest, most powerful¸ and ultimately most militarized nation in world history," as scholar Walter Hixson has documented.

For similar reasons, American society lacked the traditional social stratification and autocratic political structure of Europe, and the various measures of social support that developed unevenly and erratically. There has been ample state intervention in the economy from the outset -- dramatically in recent years -- but without general support systems.

As a result, US society is, to an unusual extent, business-run, with a highly class-conscious business community dedicated to "the everlasting battle for the minds of men." The business community is also set on containing or demolishing the "political power of the masses," which it deems as a serious "hazard to industrialists" (to sample some of the rhetoric of the business press during the New Deal years, when the threat to the overwhelming dominance of business power seemed real).

Here is yet another anomaly about US health care: According to data by the Organization for Economic Cooperation and Development, the US spends far more on health care than most other advanced nations, yet Americans have poor health outcomes and are plagued by chronic illnesses at higher rates than the citizens of other advanced nations. Why is that?

US health care costs are estimated to be about twice the OECD average, with rather poor outcomes by comparative standards. Infant mortality, for example, is higher in the US than in Cuba, Greece and the EU generally, according to CIA figures.

As for reasons, we can return to the more general question of social justice comparisons, but there are special reasons in the health care domain. To an unusual extent, the US health care system is privatized and unregulated. Insurance companies are in the business of making money, not providing health care, and when they undertake the latter, it is likely not to be in the best interests of patients or to be efficient. Administrative costs are far greater in the private component of the health care system than in Medicare, which itself suffers by having to work through the private system.

Comparisons with other countries reveal much more bureaucracy and higher administrative costs in the US privatized system than elsewhere. One study of the US and Canada a decade ago, by medical researcher Steffie Woolhandler and associates, found enormous disparities, and concluded that "Reducing U.S. administrative costs to Canadian levels would save at least $209 billion annually, enough to fund universal coverage." Another anomalous feature of the US system is the law banning the government from negotiating drug prices, which leads to highly inflated prices in the US as compared with other countries. That effect is magnified considerably by the extreme patent rights accorded to the pharmaceutical industry in "trade agreements," enabling monopoly profits. In a profit-driven system, there are also incentives for expensive treatments rather than preventive care, as strikingly in Cuba, with remarkably efficient and effective health care.

Why aren't Americans demanding -- not simply expressing a preference for in survey polls -- access to a universal health care system?

They are indeed expressing a preference, over a long period. Just to give one telling illustration, in the late Reagan years 70 percent of the adult population thought that health care should be a constitutional guarantee, and 40 percent thought it already was in the Constitution since it is such an obviously legitimate right. Poll results depend on wording and nuance, but they have quite consistently, over the years, shown strong and often large majority support for universal health care -- often called "Canadian-style," not because Canada necessarily has the best system, but because it is close by and observable. The early ACA proposals called for a "public option." It was supported by almost two-thirds of the population, but was dropped without serious consideration, presumably as part of a compact with financial institutions. The legislative bar to government negotiation of drug prices was opposed by 85 percent, also disregarded -- again, presumably, to prevent opposition by the pharmaceutical giants. The preference for universal health care is particularly remarkable in light of the fact that there is almost no support or advocacy in sources that reach the general public and virtually no discussion in the public domain.

The facts about public support for universal health care receive occasional comment, in an interesting way. When running for president in 2004, Democrat John Kerry, The New York Times reported, "took pains .. to say that his plan for expanding access to health insurance would not create a new government program," because "there is so little political support for government intervention in the health care market in the United States." At the same time, polls in The Wall Street Journal, Businessweek, The Washington Post and other media found overwhelming public support for government guarantees to everyone of "the best and most advanced health care that technology can supply."

But that is only public support. The press reported correctly that there was little "political support" and that what the public wants is "politically impossible" -- a polite way of saying that the financial and pharmaceutical industries will not tolerate it, and in American democracy, that's what counts.
Returning to your question, it raises a crucial question about American democracy: why isn't the population "demanding" what it strongly prefers? Why is it allowing concentrated private capital to undermine necessities of life in the interests of profit and power? The "demands" are hardly utopian. They are commonly satisfied elsewhere, even in sectors of the US system. Furthermore, the demands could readily be implemented even without significant legislative breakthroughs. For example, by steadily reducing the age for entry to Medicare.

The question directs our attention to a profound democratic deficit in an atomized society, lacking the kind of popular associations and organizations that enable the public to participate in a meaningful way in determining the course of political, social and economic affairs. These would crucially include a strong and participatory labor movement and actual political parties growing from public deliberation and participation instead of the elite-run candidate-producing groups that pass for political parties. What remains is a depoliticized society in which a majority of voters (barely half the population even in the super-hyped presidential elections, much less in others) are literally disenfranchised, in that their representatives disregard their preferences while effective decision-making lies largely in the hands of tiny concentrations of wealth and corporate power, as study after study reveals.

The prevailing situation reminds us of the words of America's leading 20th-century social philosopher, John Dewey, much of whose work focused on democracy and its failures and promise. Dewey deplored the domination by "business for private profit through private control of banking, land, industry, reinforced by command of the press, press agents and other means of publicity and propaganda" and recognized that "Power today resides in control of the means of production, exchange, publicity, transportation and communication. Whoever owns them rules the life of the country," even if democratic forms remain. Until those institutions are in the hands of the public, he continued, politics will remain "the shadow cast on society by big business."

This was not a voice from the marginalized far left, but from the mainstream of liberal thought.
Turning finally to your question again, a rather general answer, which applies in its specific way to contemporary western democracies, was provided by David Hume over 250 years ago, in his classic study of the First Principles of Government. Hume found "nothing more surprising than to see the easiness with which the many are governed by the few; and to observe the implicit submission with which men resign their own sentiments and passions to those of their rulers. When we enquire by what means this wonder is brought about, we shall find, that as Force is always on the side of the governed, the governors have nothing to support them but opinion. `Tis therefore, on opinion only that government is founded; and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular."

Implicit submission is not imposed by laws of nature or political theory. It is a choice, at least in societies such as ours, which enjoys the legacy provided by the struggles of those who came before us. Here power is indeed "on the side of the governed," if they organize and act to gain and exercise it. That holds for health care and for much else.

Copyright, Truthout. May not be reprinted without permission.

C.J. POLYCHRONIOU

C.J. Polychroniou is a political economist/political scientist who has taught and worked in universities and research centers in Europe and the United States. His main research interests are in European economic integration, globalization, the political economy of the United States and the deconstruction of neoliberalism's politico-economic project. He is a regular contributor to Truthout as well as a member of Truthout's Public Intellectual Project. He has published several books and his articles have appeared in a variety of journals, magazines, newspapers and popular news websites. Many of his publications have been translated into several foreign languages, including Croatian, French, Greek, Italian, Portuguese, Spanish and Turkish.

Bangladesh struggles to turn the tide on climate change as sea levels rise

From incessant rains to flooded rice fields, the economic impact of global warming has been keenly felt in the coastal town of Cox’s Bazar
Women work at a dry fish yard in the Bangladeshi coastal resort of Cox’s Bazar. Changing weather conditions have hit the business hard. Photograph: Noor Alam/Majority World for the Guardian

 in Cox's Bazar, Bangladesh-Friday 20 January 2017

Bangladesh is already one of the most climate vulnerable nations in the world, and global warming will bring more floods, stronger cyclones. At the dry fish yards, close to the airport at the coastal town of Cox’s Bazar, women are busy sorting fish to dry in the sun. They say the process, which begins in October, can continue through to February or March if the weather is good.

But Aman Ullah Shawdagor, a dry fish businessman who employs 70 people, says high tides and seasonal changes have hit his business hard. Last year there were four cyclones, more than ever before. In 2015, there was only one.

“My business is not doing so well because of the changing weather conditions,” says Shawdagor. “This is a dry season business. But for the last couple of years, the rain has become more frequent. It rains not only in the rainy season but also in the winter. There have also been more signals [storm warnings] with the rise in high tides. When the high tide comes, it frequently covers the whole of the land here. It is very bad for the dry fish.”

Flooded salt fields on the island of Kutubdia. Photograph: Noor Alam/Majority World for the Guardian

Nurul Hashem, a schoolteacher from Kutubdia Para, a nearby shanty town where many of the dry fish workers live, has also noted the trend. “We believe the water level is getting higher here,” he says. “Last year, my home was under water three or four times.”

Scientists predict that, by 2050, as many as 25 million people in Bangladesh will be affected by the rising sea level. Hashem and Shawdagor believe that they are already seeing the effects of a changing climate, however.

Kutubdia

Along the coast lies Kutubdia, an island in the Bay of Bengal where lush green rice fields give way to acres and acres of flat fields. Consisting of small rectangles of varying hues of brown, they are salt fields. 

The encroachment of saline water from rising tides has made rice farming impossible.

Abdus Shukur, 50, a former agricultural farmer, says he learned to farm salt 10 years ago, when sea water flooded the land he rents. It took him six months to learn the craft and he finds it back-breaking work.

“I was an agricultural farmer before,” says Shukur. “But the embankment broke down and saline water came on to the land. We had no choice but to adapt.”

Salt farming, he says, brings in more money that crops. But it is harder.

“Farming crops, I worked two or four hours a day. I’m now earning double what I earned before. But in the salt fields I have to work from morning till evening, the whole day.”

The small island, which has halved in size over the past 20 years due to erosion and sea level rise, is surrounded by a three-metre high concrete embankment, built by the Bangladeshi government to protect it from disappearing into the sea. But it is broken in several places and the sea water enters the land.

“The coastal belt is facing many problems of salinity,” says Mokbul Ahmed, a project co-ordinator for Coast, an organisation that helps local communities affected by the changing climate. “Day by day, salt water enters the land. In Kutubdia, every year, the government builds the embankment and every year, it is destroyed.”

A tech firm in China has made walking 10,000 steps a day mandatory for employees


An anonymous company in China makes employees walk at least 10,000 steps a day. Pic: Diego Cervo/Shutterstock

By  | 
AN unnamed tech company in China is attempting to tackle the problem of sedentary lifestyles by implementing a policy that makes it mandatory for employees to walk a minimum of 10,000 steps a day.
Employees who fail to meet that minimum requirement will have to carry out a penalty of 50 to 100 push-ups, reported the Chonqing Evening News, translated by Mashable.
According to the newspaper, one of the new employees said that the company’s HR department made him register for a feature on WeChat that tracks the number of steps taken each day, much like the iPhone’s Health app, on his very first day of work.


An official at the company identified as Guo was quoted saying: “Many of our staff sit in an office all day and sometimes have to work overtime. Many of them are young but are already having health issues such as neck and shoulder problems.
“We make walking 10,000 steps compulsory so staff can have a healthier life,” he added.
Some of the employees complain – an employee identified as Hu griped that as long as his work is done well, he shouldn’t be asked to walk so much – but it isn’t a new one, although it is more strict than most other companies who have implemented such a policy.
Google, for example, encourages employees to exercise by offering on-site fitness centers with over 200 classes. At Colliers International, a Canadian real estate organization, employees use wearable devices like Fitbit to measure their heart rate, levels of productivity, and stress – any abnormalities will be responded to with a suggestion for short breaks or going home.
According to Entrepreneur.com, encouraging exercise as part of the working day can have huge benefits for productivity and employees’ health.
But this policy could have additional benefits for workers in China and Asia in general – curbing workplace-related deaths.
In October, the death of a 44-year-old CEO of a well-known healthcare app, Chunyu Doctor, died of a heart attack. Zhang Rui’s demise was attributed to a fierce culture of overworking in the country, where it is not uncommon for tech employees to work from 9am to 9pm, six days a week.
Some employees even spend a week choosing to sleep at their workplace to avoid wasting time in daily commutes and clock in more hours to get ahead.
According to Reuters, one credit management company even provides cots for employees who wish to sleep in the office during the work week. A programmer there, 28-year-old Xiang Shiyang, was quoted saying: “Actually, working overtime is a very casual thing, because I’ve invested the whole of my being into this company.”
Working long hours isn’t exclusive to China. In Japan, they call the culture of overwork “karoshi”. A government whitepaper revealed that one in five workers, or 20 percent of Japan’s working population, are at risk of death from overwork.
Encouraging healthier habits at the workplace is an admirable step by this anonymous tech firm, but these countries still have a long way to go before employees can call overworking a distant past.
This article originally appeared on Tech Wire Asia

Thursday, January 19, 2017

Yahapalana govt needs to campaign harder for reconciliation

Kumaratunga receiving Consultation Task Force on Reconciliation Mechanisms report from Muttutuwegama

by Jehan Perera-January 19, 2017

There is growing skepticism both locally and internationally about the government’s commitment to deliver on the promises regarding the reconciliation process that it made during the last elections.  These concerns have surfaced with the initial governmental response to the report of the Consultation Task Force on Reconciliation Mechanisms appointed by the Prime Minister.  Some government members have publicly criticized the report.   The Task Force report is one that is victim-centered and would also go a considerable part of the distance to meet the expectations of the international community and those who believe in international standards when it comes to matters of human rights. 

 The Task Force recommendations have met with the support and appreciation of the international human rights community and the ethnic minorities.   The report itself provides material that is invaluable in terms of concepts and cases that could be used for a public education campaign.  However, the lukewarm if not negative response from those in the government is clearly visible.  The problem that the government seems to be having is that some of the Task Force recommendations do not correspond to the general sentiment in the ethnic majority Sinhalese population. 

 While the report appears to have taken many of the issues highlighted by participants in different consultations, at least two members of our own partner organizations who were members of the district level task forces were disappointed with the recommendation on the proposed accountability mechanism that calls for international  judges, prosecutors and investigators.  They highlighted that their recommendation to seek technical assistance rather than a hybrid court for the transitional justice process from the international community had not been included.  The challenge for the government will be to take the recommendations of the Task Force and implement them as it will be a crucial step on a journey towards lasting peace and meet its local and international obligations.

 The National Peace Council calls on the government to undertake a national education and outreach campaign with the support of civil society organizations that are active in the reconciliation process.  It is necessary to persuade the general population that the recommendations of the Consultation Task Force on reconciliation mechanisms are in accordance with the government’s commitments and these commitments are in the best interests of the country.  Failure to do so can pave the way for the breakdown of trust between the government, the war-affected people and the international community. 

 The National Peace Council holds that a failure to grapple seriously and sincerely with the recommendations of the Task Force would also be a betrayal of the hopes and aspirations of those who were victims of the war.  It must be recognized that lasting peace in Sri Lanka can be achieved only if all communities living in the country are brought on board irrespective of political affiliations and manipulations.  We call on the government and opposition leaderships to rise above partisan petty political and electoral considerations and ensure that CTF recommendations are also not squandered.

Dilemma Of The Involvement Of International Judges: CTF Recommendations & Political Stance


Colombo TelegraphBy Anushka Kahandagama –January 19, 2017
Anushka Kahandagama
Anushka Kahandagama
The Consultation Task Force on Reconciliation Mechanisms (CTF) has handed over the final report, which is a product of months of consultations with victims, citizens and civil society stakeholders among them. The ceremonial handing over of the important report, which is produced by a Task Force commissioned by the Prime Minister was neither to the Head of State nor to the Prime Minister, but to the former president Chandrika Bandaranaike Kumaratunga, on 3rd January 2017. The President Maithripala Sirisena and Prime Minister Ranil Wickramasinghe were not present at the ceremony, which could be perceived as undermining their commitment to the process of reconciliation. However, being not second to the State, drawing from the report which close to 600 pages, most of the media coverage shed light on the involvement of international judges in the Judicial Mechanism, being one of the main recommendations of the CTF. In the 24th point of the Executive Summary and the Recommendation part of the Final Report of the Consultation Task Force on Reconciliation Mechanisms, CTF recommends
‘…….a hybrid Court with a majority of national judges as well as a sufficient number of international judges. This will ensure at least one international judge per bench and pre-empt delays due to the absence of one or more judges. It also recommends international participation in the Office of the Special Counsel of prosecutors and investigators, in addition to the provision of technical assistance. There should be clear guidelines and criteria spelt out and made public in respect of all aspects of international participation. International participation should be phased out once trust and confidence in domestic mechanisms are established and when the required expertise and capacity has been built up, nationally.
However, the recommendation to include international involvement does not appear e without any reason, but was based on a rational argument which emerged from the consultations. One of the reasons for demanding international involvement was, the perceived ‘failure of the existing justice system’. According to the report of the CTF,
‘The failure of the existing justice system also grounds the call for international involvement and/or supervision and the need to reform the existing system alongside any special justice mechanism’.[1]
Although I have only quoted one sentence, in the report, there are many places in the CTF report where people have expressed their mistrust in the existing justice system.
Whilst the recommendation on involvement of international judges in the special judicial mechanism proposed in relation to the reconciliation, process in Sri Lanka gained much of the attention of the media, there were also media coverage which opposed the involvement of foreign judges where reference is made to both the current President Maithripala Sirisena and to the leader of the joint opposition and former President, Mahinda Rajapaksa. According to one article ‘The opposition led by Mahinda Rajapaksa, who was president when the government finally defeated the LTTE, has held out against foreign judicial involvement and said his successor is betraying the military for a “Western agenda”.[2]
From the the side of the Government, ‘President Maithripala Sirisena opposes the involvement of foreign judges, and cabinet spokesman Rajitha Senarathne said on Wednesday the government had clearly told the U.N. that it would not allow them’.[3]
Thus both the State and the Joint Opposition have clearly manifested their stance regarding the ‘hybrid court’ with international judges. The important question to ask is, are they themselves satisfied with the existing judicial mechanisms. After winning the Presidential Election in the year 2010, President Maithripala Sirisena said in a public rally that, ‘”If I had not won the presidency, I would be six feet under by now,” he  made this remark at a public rally after his win, alluding that if he had lost, his opponents may have assassinated him’.[4] President, Miathripala Sirisena, who was the former Secretary of the SLFPA, feared for his life before he won the election. In other words, he did not have any faith in the governing bodies of the country.
In an interview with Gotabaya Rajapaksa, who was a powerful member of the Rajapaksa family, he stated that, ‘The rulers can put their opponents behind bars but they can’t destroy them and their popularity. When the time comes the people will decide whether they want the Rajapaksas to serve them in the future or not’.[5] The statements suggests that, people who rule the country have a certain level of control over the ‘law’ of the country.
‘Minister of Health and Indigenous Medicine Dr. Rajitha Senaratne highlighted the harm Chief Justice Bandaranayake did to the legal system in Sri Lanka. “Victor Ivan in one of his books thanked me and Vasudeva for working for the removal of the corrupt Chief Justice Sarath N. Silva. But it is amazing to see now the same Vasu taking side against the removal of a similar corrupt Chief Justice – Mohan Pieris. After Sarath N. Silva then came Dr. Shirani. She did something that I don’t agree with’.[6]
The statements above suggest that, politicians who are against the hybrid court themselves do not have faith in the functioning of rule of law in this country. If these politicians who are from the elite and have social capital and considerable wealth do not have a faith in the functioning of the rule of law in the country how can people from the grassroots be expected to d have fair and eqaul access to justice. According to the CTF report, people who seek justice are not only Tamil from war prone areas,
‘The calls for justice, were referred to in the context of the failure of the existing system to deliver justice, accountability and redress for a wide range of crimes/affected persons including the experiences of Tamil persons during and after the war, the violations suffered in the South during the southern insurgency in 1987-89 and more recent incidents of religious violence in the South and police and military excesses throughout the island’.[7]
People across the Island regardless of ethnic or religious identities have been victims of varied human rights violations and are in need of ‘justice’. Politicians from the side of the State and from the side of the joint opposition, are both making an effort to protect their ‘Sinhala-Buddhist’ vote base. The contradictory and confusing stance of the Sri Lankan politicians regarding the existing judiciary of the Island and involvement of international judges as a reconciliation tool is ironic.

Sri Lanka: Is it the best moment for cabinet reshuffle?


Most of the political indications in the country are indicating that the cabinet reshuffle is need of the moment to move forward through the current leadership.

by Nilantha Ilangamuwa-

( January 19, 2017, Colombo, Sri Lanka Guardian) The change makers or those who are playing “tipping point” of our society are losing their grip on governance. Therefore, the usual blame-game has returned back on the tracks. It is hard to find a person who can openly take responsibility to accept failures whereas many who exercised “power” are greedy in credit grabbing for “successes”. The Dickensian module of great expectations has turned down to great delusions in a very short period of time.  Too early; isn’t it?

Fortunately, there is yet to pop up a political movement which is capable of rationally criticizing the ruling elements while introducing the authentic alternative pathway for true governance that ensures fundamental rights of every citizen. In other words, a movement to understand, discourse, debate, and introduce the alternative path on real social crisis such as ongoing trade war and other immediate crises of governing system is yet to emerge.

Politically speaking the country is not in a post-war situation but in a post-authoritarian democratic period about which many are in confusion. Rulers are confused over a governing system. Opponents are confused over finding attractive political themes. Critiques are confused over analysing and reasoning the socio-political tendencies. Ordinary people are confused over the dynamics of political power. Such situation is the best environment for looters to loot the nation.

Nonetheless, much-engaged discourse over the idea or plan for a new constitution has developed its own parameters to play around. But that doesn’t make immediate influence among the general public as the necessary economic reliefs are still far away from the access of the ordinary folks. The discourse on a new constitution is indeed playing a significant political role among the political parties and interested groups.

The old discourse is being repeated in a deferent mode. Former President Chandrika Bandaranaike Kumaratunga (CBK) in a recent press briefing correctly hints at the dilemma over the political climate in the developing the proposed constitution in which she has recalled her experience with the then the political rival, the United National Party.

“Prime Minister Ranil Wickramasinghe was then strongly opposed to the proposed constitution by me, whereas now he is advocating the same formula,” she chuckled. This isn’t just about the constitution. This and other thoughts she has elaborated confirm the nuances of slowly but surely growing contradiction within the “national government”. What is much clear in this situation is that all political parties and interested groups are searching for their lost identity during the battle against “Rajapaksa phenomenon.”

What is the factor holding this political unity? It is nothing but “Rajapaksa phenomenon”. “Rajapaksa phenomenon” is not only the glorifying of personal characters but socio-political tendency developed by undermining the value of basic rights while creating the “dream world” named “Wonder Asia through Mahinda Chinthana (Philosophy).”

If Rajapaksa had performed through political wisdom though it is hard to imagine this or if Rajapaksa is capable of constructing the situation like that which was earlier created by CBK, immediately after Rajapaksa grabbed the leadership of both country and the party, then the present government will have fallen between the cracks. They will have to find their own way out.

Present situation is much more challenging than ever before. Killing the “enemies” and displaying the slaughtered accounts through mass media to glorify victory over our own people is no longer valid. The common sense of each person is rapidly strengthening and the will power not only to criticise the leadership or others who are in-charge of the subjects but also critically thinking about themselves is on the rise.

How can such situation managed by the leader if he wants to be the success during his tenure? It is indeed the heart of entire administration of particular leadership. It is usual for there to be a few immediate political rivals to any leadership. First and the foremost group is the opposition. Second and most dangerous group is those who are looting while being a part of the leader. Third group is the interested parties that are representing the administrative system of the country.

The success of the leader will lay on the capacity of reading between the lines of these three groups and having the capacity to manage towards what the leader wants to achieve. There is bold criticism against most of the ministers and their ministries of the governments. There are allegations by the people that same wrongdoings of the previous government are repeating under new government as well. The reputation of the leadership is eventually tarnishing. The expectation of the people under the good governance is evaporating.

What is to be done? This is the nuclear question of the leadership or true architects of the present government. The ultimate cost has to be paid by the leader.  No doubt, not a single leader would like to leave the office as yet another failed character.

When the people lose interest or the reputation of the leadership falls, then other party can manoeuver to use the political climate comfortably.  Such situation can be diverted by using different strategies. In a democratic society, one of the foremost strategies is the cabinet reshuffle. The idea of cabinet reshuffle is not just changing the heads. It is an opportunity to deconstruct the existing method of ruling if it is not achieving the expected targets. It is a pathway through which to assess accountability and evaluate each minister and ministry. It is an opportunity to refresh the general mindset to around them from complacency.

Most of the political indications in the country are indicating that the cabinet reshuffle is need of the moment to move forward through the current leadership.

SLPI fought from 1988 onward to win RTI - Kumar Lopez

SLPI fought from 1988 onward to win RTI - Kumar Lopez

Jan 19, 2017

The Sri Lanka Press Institute’s involvement in Sri Lanka's Right to Information struggle has been historical and not limited to advocacy during recent years. In 1998, the Colombo Declaration for Media Freedom and Social Responsibility pioneered by the SLPI focused on the need for RTI. This has been the pivotal point from which the SLPI has been advocating for the RTI Act. The SLPI was represented by Mr Sinha Ratnatunga, present Vice Chairman of Sri Lanka Press Institute, Mr Waruna Karunathilake, who was the Chairman of the College of Journalism as well as the conveyer of the Free Media Movement and Ms Kishali PInto Jayawardena as legal advisor to the Editors Guild on the 2004 Prime Ministerial Committee which was formed to bring about the Right to Information Act of Sri Lanka which was approved by the Cabinet then, but unfortunately was not enacted as the Parliament was dissolved.

During the 2015/2016 drafting process leading to enactment of Law No 12 of 2016, the SLPI was represented by Mr Ratnatunga, Mr Karunatilleke and Ms Pinto-Jayawardena who contributed enormously to the strengthening of the RTI draft. The SLPI, Editors Guild and the Newspaper Society named Ms Pinto-Jayawardena as their sole nominee to the Constitutional Council to be recommended to be appointed to the post of Information Commissioner by the President. We are very happy that the appointment was made as signifying the strong commitment of the SLPI to the ideals and spirit of RTI and look forward to the pro-active implementation of the law which has been ranked as the 9th best law in the world.

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