Mobilising against measles

By Dr Poonam Khetrapal Singh -Thursday, 16 February 2017

The who South-East Asia Region is making rapid progress against vaccine-preventable diseases. The Region was certified polio-free in 2014. Maternal and neonatal tetanus was routed in 2016. And, routine immunisation for diseases such as diphtheria and pertussis continues to expand. More than 90 percent of populations Region-wide are now accessing the life-saving benefits vaccines bring.

Medical volunteers administering a measles vaccine to a young typhoon victim in the Philippines, November 28, 2013. Photo - EPA

To add to the Region’s gains health authorities now have measles in their crosshairs. Measles is a virus that can be transmitted through airdrops, personal contact and infected surfaces. It preys on the young and old, and reserves special ire for the immune-compromised and malnourished. Most disturbingly, it can inflict a range of deadly complications including pneumonia, diarrhea, encephalitis and malnutrition. It is not without reason that a ninth century Persian physician held measles ‘more to be dreaded than smallpox’.

That the Region’s governments have committed to eliminate the problem by 2020 is to be welcomed. Two doses of measles-containing vaccine have now been introduced in each of the Region’s 11 countries. 95 percent coverage of both doses – the level needed to establish herd immunity – has been achieved in five of these countries. Where routine childhood vaccination programmes are less than ideal, supplementary immunisation drives have helped close immunity gaps. In 2015 alone, around 18 million children were reached by supplementary campaigns, while an estimated 640,000 lives were saved Region-wide due to the sum of measles vaccination efforts.

There is nevertheless a need to scale up action against the disease, which remains a major childhood killer, claiming an estimated 54, 500 lives in 2015. Up to 5.5 million infants are deprived of even the first dose of the measles vaccine each year, many of whom are the most at risk of death if complications arise. Region-wide coverage of the vaccine’s second dose, meanwhile, is 71pc, signifying the need for further gains.

WHO is advocating for all of the Region’s countries to eliminate measles by 2020 – a target that is achievable. For the Region to claim yet another victory in the battle against vaccine-preventable diseases, health authorities and communities Region-wide must act decisively.

To this end, strengthening routine immunistion program is critical. Though supplementary immunisation campaigns are useful to close immunity gaps in the short-run, routine systems should be strengthened and coverage enhanced. In each of the Region’s countries, the second dose of the vaccine should be provided to every eligible child, and communities being missed should be identified and catered for. At least 95% of children Region-wide should be covered by both doses of measles-containing vaccine. At the same time, in countries where most children are now covered by vaccinations, and where the disease is seen in adults, efforts should be made to achieve immunity at all ages.

Improving surveillance and laboratory capacity is likewise essential. All countries in the Region should strengthen their surveillance systems for detection of all measles cases and to help better target interventions. Though each country has, to varying degrees, implemented functional surveillance systems, not all cases are reported or laboratory-confirmed. To turn this around, and to provide the infrastructure necessary to gauge the success of elimination efforts, health authorities should reinforce and expand surveillance to the community level.

In pursuit of these goals, society-wide buy-in is vital. This means encouraging health-seeking behavior when measles-related symptoms such as fever and rash occur. It means addressing socio-cultural issues while creating greater awareness. It means establishing and maintaining political commitment at the local and national level for the pursuit of measles elimination targets. And it means leveraging support from international stakeholders that can help mobilise the resources and know-how capable of making real change possible. WHO is privileged to be a part of these efforts, and to support countries across the Region as they strive to eliminate measles’ preventable burden.

The wider benefits of measles vaccination strengthening will be substantial. This is especially so for the control of rubella, a disease that affects approximately 40,000 births in the Region every year, and can cause a series of heartbreaking conditions such as deafness and heart disease when transmitted from mother to fetus. At the start of 2017 rubella vaccine was part of a combination vaccine in eight of the Region’s 11 countries. In February, India became the ninth; In August, Indonesia will make it ten. As part of this process, each country will embark on mass immunisation catch-up campaigns. These will have wide-ranging impact in the battle against both diseases, and will enhance the life chances of millions of children in each country.

As countries scale-up their measles immunisation campaigns, this point must stay front-of-mind. By eliminating measles, millions of children will be given the opportunity to grow and prosper where they otherwise may not. Health systems will be strengthened, and other diseases better controlled. For the South-East Asia Region, and each of the countries within it, measles elimination is a cause worth mobilising for.

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Dr Poonam Khetrapal Singh is the Regional Director of World Health Organization South-East Asia Region.

UN told of Sri Lanka military operating "rape camps"

BY KITHSIRI WIJESINGHE-20 FEBRUARY 2017

"A senior officer came into the room and was asked to take his pick, like we were meat in a meat market.  He looked around and chose me.  He took me to another room and raped me"

Shocking details of the Sri Lanka military holding women as sex slaves in rape camps have been handed over to the United Nations.

In a report made public on Monday (20),  International Truth and Justice Project (ITJP) quotes three female victims who charge of being detained alongside others for prolonged periods by the military and used as sexual slaves.

"Two of the women describe being detained in a group in one room, available for any soldier to come and chose from and take to an adjacent room or tent to be raped," says ITJP.

"The third woman was kept in a cell alone in the pitch dark for 6 months but heard other women next door screaming."

Camp in the capital

They had been held four distinct sites.

One near Vavuniya, one near Puttalam, one in Colombo itself and one outside Colombo but not in the North or East.

ITJP has submitted its findings to the UN Committee on the Elimination of Discrimination against Women (CEDAW), which meets in Geneva with official delegates from  Sri Lanka this week.

The report also has documented other forms of torture including sexual violence allegedly committed by the military and police.

ITJP says that its submission is based on detailed testimony from 55 women describing torture and horrific sexual assaults while held in state custody.

Details of perpetrators

48 of the victims had been detained under the Government of former President Mahinda Rajapaksa and 7 of them under the new Government of President Maithripala Sirisena.

ITJP has also provided details of six military men including a major and a leiutenant colonel who are alleged perpetrators of rape and torture in the military.

“When it meets on 22nd February in Geneva, we expect CEDAW to share this information with the Sri Lankan Government and request that they immediately suspend the six officers pending a credible investigation,” said ITJP’s Executive Director, Yasmin Sooka.

“This Government keep on asking us for the names and addresses of the victims; through CEDAW we are passing on information regarding alleged perpetrators so let’s see if the Government is really serious about justice. Our report sets out all the steps they should take; CEDAW can monitor their progress”.

However, impunity is systemic and entrenched in Sri Lanka as the government lacks the political will to bring these individuals to account says ITJP in its submission to CEDAW.

'Only 18 incidents' GoSL

Sri Lanka denies that its armed forces are engaged in systematic sexual violence.

It has told the UN that only 18 incidents of sexual violence by security forces  have been reported from the war affected region since 2007.

"During the conflict period (January 2007-May 2009), 7 Security Forces personnel were reported to have been involved in 12 incidents of sexual violence in North and East areas. In the post conflict period (May 2009-May 2012), 10 Security Forces personnel were reported to have been involved in 6 incidents of sexual violence in the North,"  says the government report to CEDAW.

However,  the report does not clarify whether any investigation has been conducted and the perpetrators have been punished.

Nevertheless, ITJP says that it has recorded ongoing sexual violence by Sri Lanka Armed forces as recent as 2016.

Part-1-ITJP-Public-Submission-to-CEDAW-2017.pdf by Thavam Ratna on Scribd

Sri Lanka’s Inapt Constitution & Several National Problems

By S. Narapalasingam –February 22, 2017

Dr. S. Narapalasingam

‘Democratic Socialist’ Sri Lanka’s Inapt Constitution Denies National Unity, Lasting Peace, Rule of Law, Good Governance, Real Democracy and Sustained National Development

Recent revelations, particularly after the formation of the ‘national unity’ government in 2015 committed to ‘good governance’ indicate that the long-drawn-out ethnic problem is not the only national problem that has denied the environment for peaceful co-existence of ethnic majority and minority communities and steady national development that benefitted all, particularly the poor and under privileged citizens. The members of the ethnic minority Tamil community soon after independence lost the feeling of coexisting as equal sovereign citizens in the traditionally multi-ethnic island with the same rights and livelihood opportunities of those in the majority ethnic community.

The two main political parties, supported largely by the members of the ethnic majority community exploited the abiding ethnic majority and minority division in the contest for gaining countrywide governing power. Attempts by the main governing party to settle the ethnic problem that emerged after independence in 1948 were sabotaged by the rival party in the opposition for narrow political reason. The country paid a huge price for missing several opportunities in the past that would have saved the country from the huge losses incurred after the conflict intensified into a terrible civil war. Despite this deterioration, formulation and implementation of national policies continued to be influenced by this blatant racial difference. The programmes favourable mainly to the ethnic majority were implemented resolutely. The government’s decision-making process has also been influenced by the reluctance to accept the real democratic concept in which all communities and citizens in the sovereign country have equal rights.

The 13th Amendment to the present Constitution intended to settle the national problem has not been fully implemented imagining this would weaken the centralised governing system controlled by the political parties depending mainly on the support of the members of the ethnic majority community. This blatant division between the rights of ethnic majority and minority communities has influenced the prejudiced pattern of governance denying the latter the right to decide on matters concerning their security and well-being. In short, the inapt governing system has been unfavourable to safeguard the solidarity of all citizens regardless of their ethnicity and residing provinces. Parts of the relatively small island that were under different rulers for centuries came under one central government only after the British captured the entire island. The cultural difference between the upcountry and low-country Sinhalese did not cause problem with the over centralised governing system because of their identical mother-tongue and religion.

The Sinhala nationalists believe the unitary system that endows nationwide governing powers to political parties depending mainly on the votes of the ethnic majority is the safeguard against any move to territorial division of the island considered by them to be exclusively their homeland. The fact the ethnic composition of the population in the Northern and Eastern Provinces is significantly different from that of the rest of the island is considered as a ‘recent’ anomaly due to the arrival of immigrants from India. In advanced democratic countries, the fundamental rights of citizens are not denied even to those who acquired citizenship recently. In Sri Lanka’s case, unlike Tamil language the Sinhala language is not the mother tongue of any community in foreign countries. This factor too influences the claim of Sinhala nationalists that the entire island is the nation of the Sinhalese and others (non-Sinhalese) are the descendants of ancient immigrants. This view is also contrary to the real concept of democracy and equality of all citizens regardless of the century their ancestors arrived from different regions in neighbouring India!

Democracy in Sri Lanka focuses mainly on the right of all citizens to vote in the national and local elections. After the elections, the ways the elected governments have functioned since independence cannot be considered as even fair to those who elected their representatives in the governing parties. Generally, the power gained with their support is used for personal or some narrow gains. This corrupt system got firmly rooted with the attention of governments focused mainly on visibly destructive issues like the civil war also arising from nationally damaging policies. These provided opportunities to those anxious to exploit the inapt system for narrow and quick gains. The present high levels in bribery, corruption and fraud in the public sector reflect not only the weaknesses in the highly centralised governing system but also the anti-social behaviour of those in responsible positions. Accountability has also diminished furthering the opportunities for the misuse of public funds.

According to many political analysts, the present government’s performance in the second year (2016) has been disappointing in fulfilling the promises given in January 2015. These gave high hope of creating a new peaceful, prosperous and united Sri Lanka free from the past nationally damaging ways the governments functioned that served the few in powerful positions and their associates. The ground for damaging the concept of one unified nation emerged from the adoption of majoritarianism in over-centralised governing system. The power greedy egoistic politicians exploited the presence of about 60 million Tamils in Tamil Nadu alone (60,793,814 in 2001) to justify the Sinhala majority rule throughout their neighbouring small homeland. This senseless anti-Tamil feeling among a section of the Sinhala nationalists is not the way to secure eternal peace. The ethnic majority in Sri Lanka to relegate them into a small vulnerable community because of the presence of over 60 million Tamils in neighbouring Tamil Nadu is just a fantasy in the modern world.

The beginning of the breakup of sovereign Ceylon

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OMP missing in action

Feb 22, 2017

The topic of missing persons has being going on for a long time in our society. On 23rd August 2016, the Sri Lankan Parliament adopted the Act to establish an Office on Missing Person (OMP).

The OMP was created as part of a four-tier transitional justice proposal that comprises, alongside the OMP, a truth commission, a special court and a special prosecutor’s unit, and an office on reparations.

The establishment of the OMP as a discreet transitional justice mechanism dedicated to “the search for and tracing of missing persons and the clarification of the circumstances in which they went missing” responds to the humanitarian imperative of resolving over 16,000 reported cases of missing persons in Sri Lanka. Despite the appointment by successive Sri Lankan Presidents of several Commissions of Inquiry (CoIs) to look into the issue and investigate these cases, thousands of families are still unaware of the fate of their loved ones. Past committees were marred with allegations of unprofessional and unethical behavior on the part of their staff. These Commissions were also criticized for their lack of independence and efficiency. In this context, the creation of the OMP was received with high expectations in some corners and disillusionment in others. For many, the first few months of the Office’s tenure and the first steps that it will undertake in the fulfillment of its mandate will be crucial in determining whether it will break away with the poor record of previous Committees.

The Office’s mandate encompasses the search for and tracing of missing persons and the clarification of the circumstances of their disappearance. The Act defines a missing person as a person who went missing in certain specific contexts but irrespective of the date of the disappearance. Thus, for the purpose of the Act, missing persons are persons who went missing in the context of “the conflict which took place in the Northern or Eastern Provinces or its aftermath, or if the person is a member of the armed forces or police who is identified as “missing in action” as well as persons who went missing “in the context of political unrest or civil disturbances.” In addition, the Office’s mandate also covers enforced disappearances as defined in the International Convention on Protection of All Persons from Enforced Disappearances.
Expressing his views regarding the issue, State Minister for Defense RuwanWijewardhana says "investigation of missing persons is not an easy task. Some case may take only a few weeks but others may take months or even years. It is hard to give a definite time or answers for this matter but I can assure you that it shall be published soon." These investigations towards disappearances was among the key promises of the Yahapalana government during the election. The Office of Missing Persons (OMP), which was established in 2016 to probe into these disappearances has also come under heavy criticism at present.

Expressing his views on the matter well known civil society activist Brito Fernando said "It seems that some of the issues that we had been raising for so long have started to be implemented by the government. But we must understand the pressure that has been brought upon the government by racists in the South when moving in this direction. However, if the government makes its stance clear about the Office of the Missing Persons, then many troubles could be avoided." He also said that they are hoping to discuss the matter with the Prime Minister soon to obtain a clear response and said that if the government fails to provide a satisfactory solution soon, the civil society organizations would be forced to form another movement against the government's conduct.

According to Mr. Fernando, the delay of the government's action has been caused by the actions of certain factions in the government itself. "At the moment what remains is only the Presidential attestation for the mechanism. But he has failed to execute it so far. We need the new constitutional reforms to mitigate these deadlocks. Recently the President has stated that he would give priority to the constitutional reforms than the OMP. But this is a clear sign of delaying the proceedings. IF the general public loses their faith in the government, it is unlikely that they would stand together with the government in the constitutional reforms. Even the Opposition has been able to obtain undue political advantages due to the failure of the government. But we do not believe that a future Rajapaksa regime would carry on this task."

Expressing his opinion on the issue Mr. Ruki Fernando said , Several longstanding rights struggles in Sri Lanka have gained momentum in the streets of Sri Lanka last few weeks. These include struggles for right to education in context of privatization, rights of workers, right to traditional lands, livelihoods, housing and rights of families of disappeared for truth and justice. I had joined some protests and protesters seemed determined to continue their struggles, or even escalate them or resort to more drastic actions if their demands are not met. Families of disappeared who were fasting to death had temporarily halted their fast onto death , after assurances of a meeting with senior government ministers. That meeting yielded nothing according to some families and a lawyer and a priest who accompanied them. Contradicting the version of the government conveyed through TNA MP Sumanthiran, the families told me that they rejected government offers to expedite their own families cases, and insisted on answers to all families of disappeared. Ironically, the day before the meeting with families, the Cabinet approved a motion to reduce powers of the Office of the Missing Persons (OMP). Although the OMP Act was rushed through in parliament 6 months ago bypassing public consultations, the government appears to have lost interest to actually set it up now. In Kepapulavu and Puthukudiyiruppu in the Mullativu district, Tamils affected by war and displaced multiple times, have been protesting for more than 2 weeks demanding the military release their lands. A 83 year woman, disabled men and young children have been amongst the many women camping outside their own lands, which are occupied by the military for around 8 years.

Despite some symbolic solidarity actions, these struggles appear to be compartmentalized and it will be good to explore possibilities of more united forms of struggles in different parts of the country. The lack of commitment and the insensitivity of the government looms large, as frustrations and anger increases amongst disgruntled peoples. It’s time for the new government to move beyond rhetoric and respond to protesters demands constructively. And it’s time for all Sri Lankans to standby their brothers and sisters struggles.

In order to fulfil its mandate, the OMP will have to define its internal structure and processes and recruit and train specialized staff. It will also have to devise internal rules and guidelines for its day-to-day functioning and to ensure the respect of best practices in tracing investigations.12finally, the Office will have to make strategic choices including which database to use, which method to adopt for the identification of human remains and which cases to investigate in priority.

The government has claimed that it would be deploying special teams of investigators to find about the disappeared persons. But this statement has been criticized by civil society activists who have raised the question as to the practicality for deploying special investigators when there is no legal protection or authority over the subject such as an OMP.
The talk of a separate institution to investigate on disappearances was first discussed in 2015 with the fresh talks of reconciliation. Even though there was much enthusiasm in the government regarding this mechanism, over the past two years it has withered away from policy. Responding to these allegations, former OMP committee member and well known civil society activist SumikaPerera said "Still the government has failed to allocate proper funding or to offer a permanent office for this mechanism. It has become a big problem. When we were talking to people on previous occasions, they told us that they had seen the abductors and are even in possession of the vehicle registration numbers of these abductors. Many people have disappeared over the past few years both in the North and in the South. The members of these families have faced immense hardships due to the loss of their loved ones as most of them are the breadwinners of their families. The government must provide answers to these problems. It is also problematic as to whether the government has been able to keep the information about these families in a secure manner. We have recently discussed matter with Presidential Sub committees. We have to accept that the government has done something with the help of civil society organizations towards the welfare of these families. But much is still needs to be done. Recently the report for reconciliation was handed over to the government. But even that has received less media attention. Even though some members of the government have a genuine intention to look into these issues, the majority still ignores this issue. Therefore it is doubtful as to whether there is a clear agreement in the government regarding this matter. Compared to the previous government, the present administration has done some progressive work. But we must move forward from here."

Unfortunately, family members of those who have been disappeared have not been awarded any compensation. During the CHandrikaKumarathunga government, family members of disappeared JVP members were given compensation along with death certificates. When someone's name is entered into the list of deaths, he is no longer retained in the disappeared list. But in many instances, the family members of these disappeared persons have been reluctant to accept that their loved ones have perished by now. They are still living with the hope that their loved ones would return home one day. Due to the considerable time lapse, investigating these cases have also become a challenging task. The government has also been vested with the task of looking after the welfare of these family members since they do not have any other means of support. As the Human Right Council's annual session is drawing near, something must be done to prevent this issue being raised once again in these international discussion forums. SO far the Foreign Ministry has only been able to impose a temporary solution to evade any accusation during these sessions. But the need for a permanentsolution has become dire more than ever before.

AshWaru Colombo

SRI LANKA REPORT OF THE SPECIAL RAPPORTEUR ON MINORITY ISSUES: CONCLUSIONS AND RECOMMENDATIONS

Image: Rita Izsak, UN Special Rapporteur on minority issues.

22/02/2017

From the report of the Special Rapporteur on minority issues on her mission to Sri Lanka.

60. The National Unity   Government   established   in   January   2015   must   be commended for  many of its reform initiatives and positive  practices to promote  good governance and national reconciliation. However, as a consequence of the long conflict and the prevailing culture of impunity that remains unaddressed, there is a clear trust deficit  vis-à-vis  the  State  as  well  as  between  the  communities  in  Sri  Lanka.  The polarized  social  and  political  environments  and  divisions  that  cut  across  society through ethnic, religious and linguistic lines are key obstacles to the reform process as well   as   to   the   much -needed   process   of   national   reconciliation.   Adversarial ethnicization  of  politics  blocks  progress  in  achieving  the  reform  needed  for  the  full protection and promotion of minority rights.

61. The protection and  realization  of  the  rights  of  minorities  are  instrumental  not only  to  reduce  communal  tensions  but  are  essential  components  of  good  governance.

History  has  shown  that  societies  in  which  mechanisms  are  in  place  that  allow minorities  to  freely  use  their  language,  practise  their  culture  and  religion  and participate  in  political  and  economic  life on  an  equal  footing  with  the  rest  of  the population are the societies that succeed in creatinglasting peace and stability.

62. Protection and promotion of minority rights and national reconciliation are not contradictory. The Special Rapporteur firmly believes that the success of the ongoing reform and reconciliation process depends on the extent to which the Government can place a minority  rights  regime  firmly  on  its  longer-term  governance  and  transitional justice  agenda.  Particular  attention  should  be  paid  to  effective  participation  of minorities in decision-making, equality in access to economic and social opportunities and  the  constructive  development  of  practices  and  institutional  arrangements  to accommodate   ethnic,   linguistic   and   religious   diversity within   society.   Where inequalities   based   on   ethnicity   have   existed,   whether   intentionally   or   de   facto, corrective special measures must be undertaken to establish equal enjoyment of rights on the basis of accurate and disaggregated data.

63.For  the  good governance  initiative  to  succeed,  there  is  also  a  need  for  all  Sri Lankans   to   come   together   and   regenerate   trust   at   all   levels   of   society.   While addressing  the  past  and  ensuring  accountability,  a  conscious  effort  to  strengthen  the Sri  Lankan  identity  and  the  notion  of  nationhood  to  foster  a  stronger  sense  of belonging  and  togetherness  of  all  Sri  Lankans  is  critically  needed.

The  Special Rapporteur  very  much  welcomes  the  National  Policy  on  Reconciliation  (2016)  in  this regard.

64.The  constitutional  reform  and  the  transitional  justice  process  present  an unprecedented  opportunity  to  address  the  past  and  shape  a  common  vision  of  the future for Sri Lanka, and at the same time to build in a strong minority rights regime in  the  governance  structure,  putting  in  place  legal  and  institutional  guarantees  for equality and non-discrimination for all. It is important that the Government present a clear vision and road map, with timelines as necessary for the implementation of these important processes in a uniform manner.

65.Mechanisms    such    as    the    Secretariat    for    Coordinating    Reconciliation Mechanisms  and  the  Office  for  National  Unity  and  Reconciliation  will  undoubtedly play  an  important  role  in  moving  the  country  forward  along  with  other  existing independent   commissions.   The   Special   Rapporteur   particularly   welcomes   the enhanced  independence  of  the  National  Human  Rights  Commission.  She  urges  the Government  at  all  levels  to  extend  full  institutional  cooperation  to  these  institutions and mechanisms, ensuring that sufficient human and financial resources are provided for  the  full  implementation  of  their  mandates.  Recruitment  of  staff  from  diverse ethnic  and  religious  communities  should  continue  to  be  encouraged.  The  Office  of Missing Persons should be established swiftly and transparently.

Minorities commission

the-report-of-the-Special-Rapporteur-on-minority-issues-on-her-mission-to-Sri-Lanka..pdf by Thavam Ratna on Scribd

If we do not find a durable solution to our problems through a new Constitution, defines a nation, guarantees among other things, certain rights to minorities, which no other document can do - Mangala

(Lanka-e-News -22.Feb.2017, 11.30PM) Speech made by Minister of Foreign Affairs, Hon. Mangala Samaraweera, MP., during the Adjournment moved by the Leader of the Opposition, Hon. R. Sampanthan, in Parliament on 22 February 2017

Hon. Speaker, 

⦁    I thank the Honourable Leader of Opposition for raising this important issue in this House today - an issue on which the very future of our nation depends. 

If we do not find a durable solution to our problems through a new Constitution.docx by Thavam Ratna on Scribd

Invigorate inter-religious dialogue and reconciliation

By Fr. Augustine Fernando-February 22, 2017, 8:22 pm 

Diocese of Badullahttp://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=160751

The National Peace Council of Sri Lanka held the National Inter-Religious Symposium at the BMICH on Monday, 20th March. The programme lasted the whole day.

FORMER PRESIDENT &
MINISTER GANESHAN

Invigorate inter-religious dialogue and reconciliation.docx by Thavam Ratna on Scribd

‘Yahapalanaya’ government in retrospect

2017-02-22

The present government came to power pledging to establish good governance. According to 

a publication by the United Nations Economic and Social Commission for Asia and the Pacific the main characteristics of good governance include being participatory, consensus oriented, accountable, transparent, responsive, effective, efficient, equitable, inclusive and follows the rule of law. Good governance is supposed to minimize corruption. The views of minorities and vulnerable people should be taken into consideration when making decisions. While certain characteristics are reflected in the activities of the current regime it seems that certain characteristics have been overlooked as well. The present govt. has come under heavy criticism by the very parties that thrived to make them victorious at the 2015 Presidential election. Against this backdrop the Dailymirror  asked a few parties who were once very vocal in overthrowing the past regime and establishing the current govt. on its merits 
and demerits. 

Yahapalanaya government in retrospect.docx by Thavam Ratna on Scribd

Auditor General Silent On Corrupt CA Sri Lanka

By Amrit Muttukumaru –February 22, 2017

Amrit Muttukumaru

By what perverse logic does Chandra Jayaratne described as a “good governance activist” expect a corrupt CA Sri Lanka to “Safeguard the Integrity” of the Auditor General – H.M. Gamini Wijesinghe under attack by powerful vested interests threatened by his demand for accountability for alleged egregious wrongdoing? He does so in his independence day letter to the President and Council of the Institute of Chartered Accountants of Sri Lanka captioned “An Appeal to Safeguard the Independence, Integrity and Professional Position of the Auditor General” also copied to the President and Prime Minister of Sri Lanka.

In his letter he inter alia informs CA Sri Lanka “I am sure you realize that the position of the Auditor General, is the most prestigious and responsible office a member of the Institute can hold”

Chandra was made fully aware by this writer through ‘open’ letters in the media and e-mails of the ‘open & shut’ case of professional misconduct by the ‘Partners’ concerned of the Sri Lanka affiliates of PwC and Ernst & Young in the fraudulent privatization of the Sri Lanka Insurance Corporation confirmed by (i) Supreme Court (ii) Parliament’s COPE (iii) Attorney-General and the failure of CA Sri Lanka and Sri Lanka Accounting and Auditing Standards Monitoring Board (SLAASMB) to hold those concerned accountable.

This is apart from CA Sri Lanka ‘Ethics’ Committee itself more than 10 years ago further to my complaint endorsing the findings of its Investigating ‘Panel’ of a prima-facie case of ‘Professional Misconduct’ by PwC and EY and ALL their Partners at the relevant period in the scandalous SLIC privatization.

Not only did he not respond but more reprehensibly he has never referred to this ‘open & shut’ case in his regular missives in the media on good governance with emphasis on accountability.

Surely, is there any need to inform Chandra Jayaratne and Auditor General – Gamini Wijesinghe both senior chartered accountants held out to be good governance activists of this egregious professional misconduct?

Gamini Wijesinghe of whom much is expected and described by an influential section of the media as “fearless” and a “knight in shining armour” will definitely enhance his credibility and moral authority by demanding accountability for this ‘open & shut’ case. Previously he was Director General of SLAASMB.

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

Peculiar Letter

Earlier in another letter to President, CA Sri Lanka and Chairman, SLAASMB in the ‘Daily Mirror’ of 25 October 2016, Chandra urged them to “introduce necessary regulatory reforms and oversight mechanisms, to assure upholding of professional standards, best practices, ethics”.

This is strange since all chartered accountants are aware that CA Sri Lanka established by Parliament by Act No.23 of 1959 has the necessary regulations “to assure upholding of professional standards” and what is glaringly lacking is the WILL to uphold the same.

CA Sri Lanka & SLAASMB

The ‘Supreme Court’ (SC FR Application No: 158/2007) in its landmark Judgment delivered on 4 June 2009, held the SLIC privatisation to be “illegal and invalid ab initio” and had ordered the removal “forthwith” of the auditors, EY. The judgment is also signed by incumbent Chief Justice Hon. K. Sripavan. (emphasis mine)

Not holding those concerned accountable violates with impunity Section 17 (2) (b) of CA Sri Lanka Act of Incorporation which clearly stipulates that when an ‘Investigating Committee’ appointed by the ‘Council’ “reports to the Council that a prima facie case of professional misconduct has been made out against a member, the Council shall appoint a disciplinary committee for the purpose of inquiring into the conduct of such member” (emphasis mine).

As for the SLAASMB, at the conclusion of its purported ‘investigation’ of this same fraudulent privatization, I received the following farcical response as per its e-mail dated 28 November 2005:
“Whilst we appreciate the contribution made by the complainants, we are not in a position to keep the complainant informed of the progress of the investigation and the outcome of the investigation, as it would undermine our policy on releasing information to the public.”

This was signed by Ms. Gayani L. Perera, then Technical Manager and presently Deputy Director General.

Mr. W.A Wijewardena – Former Deputy Governor, Central Bank of Sri Lanka was Chairman, SLAASMB on this date.

‘Partnership’ Law

Under the ‘Partnership’ law in Sri Lanka, ALL ‘Partners’ are ‘Jointly and severally’ liable for any wrongdoing. All Partners are aware of every audit and assignment. It is unethical for any ‘Partner’ to plead ignorance.

It is the responsibility of CA Sri Lanka to forthwith disclose the identity of those who were ‘Partners’ of PwC and EY at least 3 years prior to 11 April 2003 which is the date on which the fraudulent SLIC privatization took place.

It is outrageous that some ‘Partners’ falling under this period have been appointed ‘Directors’ of ‘quoted’ companies and Banks. Some have even been appointed by CA Sri Lanka to its ‘Quality Assurance Board’ and inducted to its ‘Hall of Fame’! Such is the impunity.

Conclusion

In another recent article Chandra Jayaratne inter alia states “Professionals are Accountable for the Destiny of Sri Lanka”. While agreeing with him, I ask him and other proponents of good governance such as ‘Friday Forum’ of which he is convener and Transparency International Sri Lanka of which he was a Director whether they are serious in combating corruption and abuse of power when the role of auditors is ignored? After all, are not chartered accountants and auditors the first line of defence against corruption in all entities dealing with financial resources?
Could the alleged Treasury Bond scams have taken place without the complicity of professionals in the hierarchy of the Central Bank and Bank of Ceylon – lawyers, accountants and others?
Although activists talk the hind legs off a donkey on the evils of corruption and some get paid handsomely for doing so, they fail to bite the bullet by ‘naming & shaming’ errant professionals and bigwigs in the corporate sector complicit in the corruption of politicians.

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Govt. faces fiery questions on women’s rights at UN

By Dharisha Bastians Reporting from Geneva-Thursday, 23 February 2017

The Government of Sri Lanka faced tough questions from the UN women’s rights watchdog in Geneva yesterday, as it presented its four yearly periodic report and pleaded with the Committee to acknowledge advances and improvements on the condition of women in the country.

“By all means push us and if we are not doing enough, you are free to say so,” Sri Lanka’s Permanent Representative to the United Nations in Geneva told experts on the UN Committee for Elimination of Discrimination Against Women (CEDAW). “Help us to do things faster, be constructive, that is my plea to you,” he said, urging Committee members not to “impute motives” to shortfalls in the Government’s reform agenda.

Ambassador Aryasinha complained during his submission that the many advancements made especially in the past two years on women’s rights was not being given sufficient weightage by the committee. “The processes and difficulties are not acknowledged,” he said.

The Sri Lankan Government delegation faced a barrage of questions from the UN treaty body about steps taken to demilitarise war-affected regions, the return of women’s lands being held by the military, the repeal of Article 16 that preserves the validity of oppressive personal laws that contravene constitutional protections against discrimination and steps taken to address sexual and gender-based violence.

CEDAW experts noted ‘mounting frustration’ about the pace of progress on reforms, during the question and answer session. “We encourage the Government to seize the momentum and have the political will to implement reforms,” CEDAW Expert Pramila Patten told the Lankan delegation. CEDAW experts raised question even about the hybrid special court to try war crimes, recommended by the High Commissioner for Human Rights, specifically asking the Government delegation if a gender component would be included in the court.

Patten also asked the Government delegation what action had been taken to address impunity, for sexual violence and atrocities committed during the final stages of the war, highlighted in the Channel 4 documentaries and corroborated by UN experts.

In response to questions on how the Government was addressing sexual violence perpetrated by the military, Ambassador Aryasinha drew the attention of the Committee to a series of directives by the Ministry of Defence in 2016, which he said instructed the tri-forces commanders to warn their troops of strict action against armed forces personnel committing such crimes.

“Any instance to us is one instance too many,” the Sri Lankan Envoy to the UN told CEDAW. “We urge those who have evidence of these crimes to make that evidence available to the Government,” he added.

Congregating in the corridors and lobbies of the Palais des Nations, the UN building where the committee on women is meeting, Sri Lankan women’s rights activists were dismayed by the Government’s approach to questions posed by CEDAW experts. The activists expressed grave disappointment about the Government delegation’s unpreparedness to deal with questions being posed by the committee on key issues facing Sri Lankan women.

Kumuduni Samuel from the Women and Media Collective told Daily FT that the Government had engaged in an attempt at “window dressing” at the CEDAW meeting. “The delegation read from prepared written texts without really answering anything – and falling back on action plans that have not even been properly adopted,” the women’s rights activist complained.

Others were equally critical.

The Sri Lankan Government’s submissions before the UN Women’s committee had been a lesson in how to “obfuscate, confuse, undermine and buy time, without doing anything for women on the ground,” said activist and researcher Chulani Kodikara.

Kodikara, who was also a senior researcher on the Government appointed Consultations Task Force on reconciliation mechanisms that held public hearings around the country, said that the CEDAW committee was quite a conservative body. “But even CEDAW noted that the Government was just referencing a plethora of action plans and displaying a lack of political will,” she added.

Activists said that the CEDAW meeting was supposed to be a constructive dialogue with the state. But Samuel noted that the composition of the Government delegation itself was disappointing, because many of the officials on the delegation were not working directly on women’s rights work in Sri Lanka.

The Government dispatched an all female delegation for the 66th Session of CEDAW, even sending its Ambassador to South Korea Manisha Gunesekera, a career diplomat with experience in multilateral fora to Geneva to participate. Ambassador Aryasinha was the sole male official on the Lankan delegation. 

The CEDAW Committee heard submissions from the Sri Lankan Government Delegation led by Secretary to the Women’s Affairs Ministry, Chandrani Seneviratne. Members of the Government delegation outlined progress made on women’s rights, pointing several times to the National Human Rights Action Plan (NHRAP). 

The Action Plan had special provisions to incorporate provision of the CEDAW convention.

 “The absence of a special law on women does not detract from the constitutional measures and legal framework already in place,” Deputy Solicitor General Ayesha Jinadasa told the Committee yesterday. Jinadasa said the new constitution currently in its drafting stages would include a section on women’s rights in the fundamental rights chapter.

The delegation made a specific reference to personal laws, including the Muslim Marriage and Divorce Act that has been the subject of recent debate in Sri Lanka. “The Government is mindful that certain personal laws are discriminatory toward women, including the Kandyan Law, Thesawalamai and Muslim marriage law,” DSG Jinadasa said.

The review of Article 16 that allows laws like the MMDA that contravenes sections of the constitution to exist, had been recommended in the NHRAP, the Government said.

On several occasions, the Government delegation acknowledged the work left to do on women’s rights, especially pertaining to access to justice and women’s representation in politics.

“Women obtained the franchise in 1931 and Sri Lanka produced the world’s first female prime minister, but women’s representation in legislative bodies leaves much to be desired,” Ambassador Aryasinha acknowledged.

The Government was also taking steps to address problems with access to justice and services by women in the North and East, the delegation told the committee. The Police Department was in the process of recruiting 200 Tamil speaking police officers and 2,000 Sinhalese speaking female police officers were also being given Tamil language training to enable their deployment in the war-affected regions, Sri Lanka’s Deputy Permanent Representative to the UN in Geneva, Samantha Jayasuriya told the women’s rights committee.

The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts which monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women. CEDAW Committee consists of 23 experts on women’s rights from around the world.