13 Amendment: A Vista Of Opportunity For Development

By S. Krishnananthan –March 17, 2017

S. Krishnananthan

The 13 Amendment to the Constitution of Sri Lanka was introduced in 1987, may be to resolve ethnic problem that had reached gigantic proportion at that time, but have progressive provisions also inbuilt to address socio economic issues at the periphery. Apart from the objective of balanced regional development there are items that could imaginatively manipulated not only in the Northern and Eastern provinces but also in other marginally developed or underdeveloped areas in the Uva, Sabragamuva and North Central Provinces. The Colombo centric development paradigm could be easily circumvented and a periphery centric development model installed.

Northern and Eastern Provinces

Northern and Eastern Provinces are minority dominated and limping back slowly to normalcy after a 30 year conflict. Majority of the people in these provinces earn their livelihood from agriculture and fisheries and the income from these activities continue to be marginal and they could lead only subsistence level of existence. Private sector employment is almost unknown in these Provinces.

Most small and medium enterprises were destroyed in the course of the 30 years long war and their immediate restoration is bleak due to lack of capital and entrepreneur skills.
Presently there are only a few micro and small enterprises.

The educated youth clamor for limited government jobs with little success. The district is resourceful but utilization of resources is minimal due to lack of entrepreneur skills.

The result is widespread unemployment resulting in poverty and misery for many. The parents dream of sending their youth to foreign countries, rather unsuccessfully.

The key to rejuvenate the Northern and Eastern Regions is through development of micro, small and medium enterprises and encourage the youth towards self-employment.

Governance in the Provincial Councils

The Primary duty of the Provincial Councils like any governing structure in the modern globalised economy is to guide, facilitate, and regulate the development process within the territory for the other actors to take charge of the actual development agenda. This is in addition to the traditional service delivery expected from these tiers of governance. The most important actor in the development process is the private sector. But the Provincial Councils do not expect big fishes but only small fishes. However it is irony to say that they miserably failed may be due to lethargy or engaging most of the time in finding faults for political gains or incompetency or all of these taken together

Now to the Ignored, Development Oriented Out of the Box Item in the Provincial Council List

Out of 34 items in the Provincial Council List of the 13th Amendment to the Constitution the Item No 21 opens a new outlook of opportunity for the economic development of the Provincial Councils.

I quote in full the Item No 21 in the Provincial Council List of the 13th amendment.

“Subject to the formulation and implementation of National policy in regard to development and planning ,the power to promote, establish and engage in agricultural ,industrial and commercial and trading enterprises and other income generating projects within the province without prejudice to the power of the government and public corporations to have such enterprises and projects’

Why this provision has not come to the notice of devolutionists is a miracle. Even it had not received due attention of “Wayamba”,Provincial Council -the leading new path finder of the early 90s of the last century for innovative initiatives is beyond comprehension.

Whatever it may be let us have a fresh look and think and act innovatively.

Interpretation of Provisions In the Item No 21

The item No 21 defines the scope within which any provincial Council could exercise their power, but opens vital areas that could be imaginatively make use of .

The powers include the power

• To promote
• To establish and
• To engage

In agricultural, industrial and commercial and trading enterprises and other income generating projects within the province.

The Provincial Councils could play their role within the scope set by this item leaving the actual implementation to the private individuals and civil societies within the Province or outside to capture and make use of the opportunities.

If economy of scale is a drawback, the people with initiative could innovatively form producer cooperatives and overcome such shortcomings. Even the Diaspora could form viable cooperatives with their kith and kin in these areas and engage in economic activities. The Diaspora could provide the capital and technology and also access to markets in their own domiciles.

THE Diaspora could make intelligent investment with their loved ones taking only calculated risks .

Public-Private partnership in a small manageable scale is another area that could be looked into.

Furthermore, the much criticized “Development Bill” could be redesigned with the participation of Provincial Councils for mutual benefit. When there are already necessary existing institutions why create additional governing structures making it more messy when lean organizations are the preferred structures for economy efficiency and effectiveness.

One possibility is for the Provincial Councils to directly engage and this raises question of funds for investment an also the lessons learnt from past experiences in Sri Lanka as well as in the outside world when governments engage in commercial activities and turn them as dens for corruption and nepotism and for in efficiency. In this scenario the viable alternatives are to encourage formation of producer cooperatives and private sector or private- public partnership.

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Govt. can’t bring in foreign judges under existing constitution: Mangala

2017-03-16

The government could not only bring in foreign judicial officers under the existing constitution but they were also looking at all their options where the recommendation of the UNHRC was concerned, Foreign Minister Mangala Samaraweera said today. 

Speaking at a press briefing in Colombo this evening, Samaraweera neither confirmed nor denied the inclusion of foreign judicial officers in the judicial process of the country.

 However, he pointed out that the inclusion of such officers were in fact just a recommendation made by the international community when drafting the resolution. 

The United Nations High Commissioner for Human Rights, Zeid Ra'ad al Hussein himself had admitted to the same and stated that there could be variations on how the recommendations of the resolution were implemented. 

“As a sovereign nation we are entitled to look at all options. We cannot bring in foreign judicial officers under the existing constitution, but we are exploring all our options,” the minister said.

 Stating that the resolution that is once more to be co-sponsored by Sri Lanka at the UNHRC is the same that was presented previously in 2015, Samaraweera stated the government had requested for an extension of two years to implement it. 

The media briefing which focused mainly on the previous regime and the findings of the investigations conducted by the current government, commenced with the fact that the international community had been committed to conducting an investigation into the last stages of the war no matter the government’s stance on complying with the investigation.

 Stressing that the content of the resolution was the national programme provided by the Sri Lankan government and not one that was forced upon it by the international community, he claimed that as the newly elected government at the time, they had laid out a road map for reconciliation, which the international community had not only supported and but also made recommendations to. (Nabeela Hussain) 

ALL CUSTOMARY LAWS SHOULD BE CONSISTENT WITH THE CONSTITUTION OF SRI LANKA – HRC-SL

16/03/2017

The Human Rights Commission of Sri Lanka has proposed to change the Article 16 of the constitution of Sri Lanka, which says that all  written and unwritten law that existed prior to the 1978 Constitution is ‘valid and operative’ even if they are ‘inconsistent’ with fundamental rights granted to all citizens.

Here is the brief statement by the HRC-SL.

The Human Rights Commission of Sri Lanka, having considered various representation on the above and also Sri Lanka’s international human rights obligations, recommends that the following principles guide the current constitutional reform process:

“The HRCSL is of the view that the future Constitution of Sri Lanka must recognize the principle of supremacy of the Constitution. All written and customary laws  will be invalid to the extent of inconsistency with the Constitution of Sri Lanka.

Annex:

An appeal to change the article 16 of the constitution of Sri Lanka

Article 16(1) is a clause in the Fundamental Rights chapter of the 1978 Constitution of Sri Lanka. It says that all  written and unwritten law that existed prior to the 1978 Constitution is ‘valid and operative’ even if they are ‘inconsistent’ with fundamental rights granted to all citizens. This means that if any of the over 600 written and unwritten laws (which were in existence before 1978) infringes or violates a person’s fundamental rights then these violations cannot be challenged.

Article 16(1) of the present Constitution is highly problematic because it supersedes the Constitution and fails to guarantee equality and non-discrimination for all people of Sri Lanka. There are many groups of Sri Lankans who are affected due to this provision in the current constitution including persons with disabilities, sex workers, LGBTIQ and minority women and children.

We appeal to the Honorable Prime Minister, members of the Steering Committee on Constitutional Reform  and elected leaders of Sri Lanka, to ensure that the new Constitution of Sri Lanka is the supreme law of the land and that the fundamental rights guaranteed are available to all people of Sri Lanka unconditionally. We demand that the new Constitution not leave out any Sri Lankan from the fundamental rights protection it confers for any reason.

Keeping Article 16(1) in its current state means that the Constitutional reform process fails to ensure that many groups of people are protected  against violations of human rights, gender equality and fundamental rights in everyday matters of personal choice, family, social, cultural and economic life.

Keeping Article 16(1) means discriminatory laws will continue to have effect under the new constitutional order. For those Sri Lankans who are discriminated by these laws – the new constitution will be no different from the existing one, and will fail them yet again.

Therefore we urge that Article 16(1) is repealed to ensure that no written or unwritten law will stand in the way of full realization of fundamental rights by all people in Sri Lankan.

If the new Constitution is to be inclusive, rights-based and progressive, then the only way forward is for the Constitution to ensure equality for all regardless of age, gender, sexual orientation, disability, ethnicity or religion.

Change.org

Political Influence Threatens To Derail Lasantha Murder Probe

By Ashanthi Warunasuriya -Friday, March 17, 2017

Political influence is threatening to derail the investigations into the murder of the The Sunday Leader Founder Editor Lasantha Wickrematunge.

Investigators revealed that while there was considerable progress in the investigations, interference by the highest political and military echelons of the country may force the investigations to face a deadlock.

Intelligence sources revealed to The Sunday Leader that while some VIPs/VVIPs and high profile individuals have been linked to the murder following the interrogation of Sri Lanka Army (SLA) intelligence sleuths, the interference of political and military stalwarts have prevented the Police from taking action against the VIPs in question.

Investigations have revealed the final orders to murder Wickremetunga had been issued by a Colonel, who was a former intelligence operative and attached to the Commando Regiment.

The Colonel is now said to be holding a post in the unity government.

“Because of the honeymoon between certain officials of the Good Governance regime and perpetrators of this heinous crime the probe has come to a complete standstill,” a CID official told The Sunday Leader on the grounds of anonymity.

Wickrematunge was killed in 2009 while he was on his way to office.

Thajudeen Murder: Defence, aggrieved party question delays

2017-03-16
Delivering his own submission, from the defence dock, former SDIG Anura Senanayake today requested the prosecution to arrest, without any further delay, the true culprits who committed the murder of Wasim Thajudeen because the unjustifiable delay of the inquiry had violated his Fundamental Rights. 

He was of the view that in addition to fabricating false evidence, the prosecution had purposely included the ‘conspiracy’ charges against him in order to keep him in remand custody.

 On the other hand, questioning the current progress of the inquiry, Counsel Misbah Sathar, who appeared for the aggrieved party, said that his clients could not be pleased with the current progress of the investigation, because even with sufficient material evidence in court; former Chief JMO Ananda Samarasekara was not arrested yet and brought before justice by the CID. (Shehan Chamika Silva) -

Who Is A Public Intellectual?

By Rohan Samarajiva –March 16, 2017

Prof. Rohan Samarajiva

Dr Siri Gamage has raised some important questions worthy of broader discussion: . . . especially before Presidential or Parliamentary elections, some university academics affiliated with major political parties appear on stage or in press conferences as ‘intellectuals’. Does the media use this term correctly? Who are the intellectuals? What should be their defining features and role? Has this term been vulgarised in the Sri Lankan context to mislead the voting public? If so, where are the true intellectuals? These are some questions we need to discuss due to the ‘incorrect usage’ of this term in the popular media today.

The above “problem statement” refers only to intellectuals, but the real focus is on “public intellectuals,” the subset of intellectuals who shape public discourse.

University degrees do not intellectuals make. Simply holding an academic appointment in a low-quality university surely does not. Martin Wickramasinghe was Sri Lanka’s greatest writer and a powerful shaper of public discourse through the editorship of leading newspapers and his own writing. He lacked formal academic credentials.

If the university has no role in certifying intellectuals, we cannot then appeal to another credentialing authority. There can be only one test of a public intellectual: recognition in the eyes of the public.

One does not have to agree with the views of a person to recognize her or him as a public intellectual. Here is what I wrote about the person I consider to be the most effective public intellectual of our time, Victor Ivan: He, more than anyone else, is responsible for shaping the contemporary discourse of Constitutional reform. . . . I do not fully agree with his diagnosis. My conclusion is that an executive presidency, subject to the right kinds of checks and balances, including an independent judiciary and an empowered legislature and provinces, is the optimal solution for a country at our stage of development and with our multi-ethnic character. I disagree with Ivan’s analysis, but as one who seeks to shape public policy through ideas, I cannot but admire his achievement.

My use of two newspaper editors as exemplars underlines the importance of media. One cannot become a public intellectual without reaching the public.

In Martin Wickramasinghe’s time, this meant that one had to write; and some editor/gatekeeper had to decide that what one wrote was worthy of publication. For the past few decades, it meant that one had to be given time before TV cameras, though newspapers did not become completely irrelevant, as proved by Victor Ivan. But the role of gatekeepers continued to be important. Wickramasinghe and Ivan were gatekeepers themselves, so one could argue that they had an advantage, at least in building their “brands.”

Has this changed with new media? China, where the gatekeeping is very strict in the government and party dominated media, public intellectuals such as Han Han have emerged based solely on blogs and social media. There are some signs of such public intellectuals emerging in present-day Sri Lanka as well. Ajith Parakum Jayasinghe comes to mind. Dr Nalin de Silva made his name through main stream media (MSM) but one may argue that he maintains it through social media.

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Where Has All the Water Gone?

Center-pivot irrigated fields in Kansas covering hundreds of square miles watered by the Ogallala Aquifer, via Wikipedia

YASMIN SIDDIQI on 03/16/2017

MANILA – We live on a parched planet. Farmers till arid pastureland, and policymakers fret over empty reservoirs, dry rivers, and thirsty cities. And that only scratches the surface – literally – of the world’s water problem. Subterranean aquifers, which amount to the world’s reserve water tank, are also running dry. If this continues, the consequences could be dire, especially for water-stressed and fast-growing Asia.

Subterranean aquifers are repositories of water located deep underground, in permeable rock, soil, or sand. And they contain about 100 times the amount of water found on the earth’s surface, in streams, lakes, rivers, and wetlands. If you’re in central Africa, South America, or some parts of Europe, you’re probably standing just a few hundred feet above one.

Surface water resources, such as desalinated seawater or recycled wastewater, will not close the global gap – predicted to reach 40% by 2030 – between water supply and demand. So subterranean aquifers are increasingly being exploited for agriculture, power generation, and daily use in fast-growing cities (urban Asia is growing at a rate of 120,000 people per day).

Today, about 30% of the world’s liquid freshwater comes from subterranean aquifers. And one-third of the 37 largest aquifers studied by the University of California between 2003 and 2013 were severely depleted, receiving little or no replenishment from rainfall. Some of the most stressed aquifers are in the driest regions, including Asia, up to 88% of which is water-stressed.

Asia contains around one-third of the world’s land irrigated by groundwater, with India, China, and Pakistan being the biggest consumers. South Asia alone accounts for half the groundwater used globally. But Asia’s aquifers – many of which were formed millennia ago, when areas like northern China had a more humid climate – are no longer being replenished regularly by rainfall.

Instead, boreholes are getting deeper and water tables are falling. In Pakistan’s Punjab Province, over-pumping is lowering the water table by up to a half-meter (20 inches) per year, threatening future food and water security and making thirsty crops like sugarcane and rice tougher to grow.

Asia’s surging population – which could jump by 25%, topping five billion, by 2050 – will put even more stress on food, energy, and water supplies. Globally, 60% more food will be needed by then, with agriculture soaking up increasingly scarce freshwater. Climate change will exacerbate conditions further.

But the problem extends beyond water depletion. Over-pumping of groundwater is already leading to soil subsidence, causing some Asian cities to sink. By 2030, as much as 80% of North Jakarta could be below sea level. Parts of Beijing are sinking by several centimeters per year, according to some estimates.

Moreover, depleted aquifers near coastlines are prone to contamination from saltwater, rendering land barren. Some aquifers are contaminated by arsenic, which can occur naturally deep underground. Nature Geoscience estimates that more than 60% of groundwater in the Indo-Gangetic aquifer is contaminated by arsenic or salt. In Bangladesh, water tainted by arsenic is blamed for more than 40,000 deaths each year.

The first step toward remedying this situation is to establish precisely how much groundwater is left and how it is being used – not easy, but not impossible either. NASA’s Gravity Recovery and Climate Experiment satellite provides information on changes in the earth’s gravity due to fluctuating water volumes. And by applying remote sensing technology to river basins, we can determine how much surface water is available and who is consuming what.

Another important step is to improve the pricing of groundwater. China has run a pilot program in which farmers had to pay extra if they pumped more than their allocation. Similar approaches have worked well in Australia and Mexico. But such measures can be politically difficult to implement. The key to success will be to help countries not only to design the right policies, but also to create the legal frameworks needed to establish and enforce them.

Even more politically difficult would be the elimination of electricity and gas subsidies, which encourage farmers to pump groundwater all day. If such subsidies can’t be withdrawn, there are innovative alternatives that could curb over-pumping.

For example, in Gujarat, India, the government has reduced groundwater pumping by offering power for just eight hours per day. Farmers have the power they need, but can’t pump all day long. Another approach could be to buy back surplus power from farmers to feed into the grid. That would not just reduce over-pumping, but also help to supplement rural incomes.

Efforts to replenish aquifers could also be pursued. A pilot program in India’s Uttar Pradesh state collects excess floodwater in storage ponds, from which water seeps into the water table.

The final step would be to improve management of surface water, thereby reducing the temptation to turn to groundwater in the first place. Around 80% of wastewater is returned untreated to rivers, often contaminating them. Taking stronger action to stop this would be far simpler – including logistically and politically – than conserving groundwater.

Subterranean aquifers should be the reservoir of last resort. If we don’t protect them today, future generations will pay a steep – or even an existential – price.

Yasmin Siddiqi is Principal Water Resources Specialist at the Asian Development Bank.

Copyright: Project Syndicate, 2017.www.project-syndicate.org 

US dollars million Mega illicit deal not second to Gota’s MiG deal –Kili Maharaja moving heaven and earth to push through !!

-Tender procedure ignored ; Ruwan Wijewardena’s name too dragged in …

(Lanka-e-News -15.March.2017, 11.55PM)  Raja Mahendran alias Kili Maharaja the notorious sewage pipes dealer is moving heaven and earth after leaving hell –his favorite haunt  to sell a warship to the Navy while  ‘selling’ the name of president Maithripala Sirisena to selfishly line his pockets with millions of dollars , based on reports reaching Lanka e news inside information division.

A warship is to be purchased for the Navy , and it is the Capital Maharaja Co. of Kili Maharaja  which is the intermediary in this impending transaction. However it is worthy of note , Capital Maharaja Co. has never before supplied war weapons to Sri Lanka. Though the  warship is to be purchased  by the defense ministry which is under the president, it is significant to note no tender procedures have been followed . 

The president who left no stone unturned and even appointed a commission in connection with the treasury bond transaction , taking no measures to give advice to his own ministry to act duly and transparently is a matter for rude  shock and surprise.  No matter what , Kili Maharaja who has lately become a bosom pal of Mtahripala Sirisena has proposed to purchase a vessel of Russian origin  valued at  US dollars 300 million which in SL rupees is about 45560 million !

Mind you , this colossal sum is being spent to purchase a warship without guns. In other words another tidy sum has to be spent by the country  to install the guns.  It is indeed a most queer warship which is tailor made to  serve the sole underhand project  and purpose of Maharaja to further boost  his mahajara (filthy lure ) accumulation. Navy experts say , this  warship based on Maharaja’s friendship with the president is to siphon off a huge  ‘mahajara’ (filthy lucre)  into Maharaja’s coffers.

Maharaja has enlisted a number of stooges of his towards this mahajara ‘project’. The first stooge is Kili’s closest crony Nimal Cook. The second stooge is Shevan Daniel , and the third is Ms. Nilushi Jayawardena who was for some time Cook’s companion. Now , she is a most close pal of  deputy defense minister Ruwan Wijewardena , and also discharging duties as assistant to Ruwan Wijewardena in the defense ministry .

Maharaja  is maneuvering to use her to make Ruwan Wijewardena an accomplice  in his mahajara deal.. This mahajara team of Maharaja  is publicizing  among the Navy and the defense  ministry that president Maithripala’s unstinted support is there for Maharaja’s mahajara ‘project’. 

It is incredible but true !   The commission payable to whomsoever at the rate of just 1 % will be as massive as Rs 450 million in respect of this mahajara deal which is not second to Gotabaya’s  corrupt MiG deal  !!

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by     (2017-03-16 00:52:44)

SRI LANKA HRC OPPOSES CERTAIN GAZETTED AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE.

Image: Police brutality towards suspects are widespread in Sri Lanka.

16/03/2017

In a letter addressed to the Prime Minster Wickremasinghe the Human Rights Commission of Sri Lanka  has recommend certain changers the proposed amendment to the Code of Criminal Procedure (special provisions) Act, No. 2 of 2013,  It says that the phrase “unless such access is prejudicial to the investigation being conducted” contained in proposed s.6 (A) (6)of the Bill be removed if the Bill is to proceed further.

The proposed recommendations has come under fire from the human rights organisations for restrictions it has placed on suspects rights to have access to lawyers.

In its letter the  HRCSL says that although it sent a  letter dated 27’01.2017  to the Minister of Justice requesting a copy of draft legislation replacing the previous Bill to  make necessary recommendations It did not receive a response.

The full text of the letter followers:

Hon. Ranil Wickremasingh
Prime Minister of the Democratic Socialist Republic of Sri Lanka
Temple Trees
Colombo 3
Hon. Prime Minister,

Proposed Amendment to the Code of Criminal Procedure (special provisions) Act, No. 2 of 2013

We write to express the deep concern of the Human Rights Commission of Sri Lanka regarding proposed legislation that in effect whittles down the rights of detainees in police custody to have unimpeded access to lawyers.

01. Previously, by letter dated 21 September,2016 we urged the government to withdraw a legislative Bill that sought to amend the Code of Criminal procedure Act (gazetted on t2 August, 2016)to provide for the right of a detainee in police custody to access his/her lawyer on condition that such access could be had only after the first statement is recorded. The recommendation was made as such a limitation would have serious implications for the detainee’s right to be free from torture and also the right to a fair trial, both under the Constitution of sri Lanka and the lCCPR (letter attached for easy reference).

02. We were pleased that the said Bill was not proceeded with. We anticipated that a future Bill that sought to guarantee the right of detainees to legal representation would take into consideration the concerns expressed by the HRCSL and other stakeholders such as the Bar Association of Sri Lanka. lt would have been ideal if the government consulted the HRCSL in formulating legislation on this matter thereby enabling the commission to fulfill its mandate as per sections 10 (c ) and (d) of the Human Rights Commission Act, No. 2I of 1996 to advise the government on ensuring legislative compliance with fundamental rights standards and Sri Lanka’s international legal obligations.

03. By letter dated 27’01.2017 we wrote to the Minister of Justice requesting a copy of draft legislation replacing the previous Bill so that we may make necessary recommendations. However, we did not receive a response.

04. We are now in possession of a Bill gazetted on 03 March,2oI7, the stated aim of which is to amend the Code of Criminal Procedure (Special Provisions) Act, No. 2 of 20t3. We find some provisions in the Bill to be as problematic as the impugned provisions in the previous Bill.

05. While stating that the objective of the amendment is to provide for the right of an Attorney-at Law to access a person in police custody (not the right of a detainee to access a lawyer), the proposed s. 6 (A) (6) introduced by the Bill nevertheless limits the right of a lawyer to access a detainee held in a police station as such a right is granted “unless such access is prejudicial to the investigation being conducted”” lt is not stipulated who decides on the matter nor does it set out objective criteria upon which such a determination would be made. There is also no right to appeal to a higher authority if access is refused. Similarly, we take exception to proposed s. 6

(A) (2) of the Bill which declares that “the right of an Attorney-at-Law, to have access to the police station, and to make representations, shall not affect the investigations that may be conducted in respect of the person being represented”.

06. The right of a lawyer to access a detainee determines the right of the latter to obtain adequate legal representation. The rights of a detainee, both under the Constitution of Sri Lanka and international law, are based on the presumption of innocence of a suspect. Hence, in some ,jurisdictions those arrested have the right to remain silent (e.g. Miranda Rule in the USA). Such a guarantee is made in order to ensure justice regardless of the level of crime in a country. ln a fair system of justice must be guaranteed both to the victim as well as to the suspect. Natural justice requires that both parties given an equal hearing.

07. If the proposed amendment is premised  on police entertaining suspicions about lawyers changing the course of investigations through advice given to  to their clients, such suspicions cannot be resolved at the expense of the right of a detainee to have access to legal representation. We are of the opinion that long term investments must necessarily be made by the government in providing better facilities and training to the police to carry out effective investigations in a manner that does not undermine the rights of detainees. Currently, the police appear to rely heavily on the first statement of a suspect in order to investigate crimes. The Commission’s observation is that torture is often used from the point of arrest until the first statement is obtained.

08. We recommend that the proposed s. 6 (A)(2), and the phrase “unless such access is prejudicial to the investigation being conducted” contained in proposed s.6 (A) (6)of the Bill be removed if the Bill is to proceed further.

09. The government must guarantee the right of all persons deprived of liberty to access legal representation from the commencement of detention in a future constitutional Bill of Rights.

Such a step should be accompanied by investing in improving police investigation methods” Such combined measures would go a long way in improving Sri Lanka’s human rights record.

Further, we urge the government to provide the Commission access to draft legislation on a regular basis in order to ensure legislative compliance with human rights standards (s. 10 (c )and (d) of the Human Rights Commission of Sri Lanka Act, No. 21- of 1996).

Thank you.
Dr. D. Udagama
Chairperson
Human Rights Commission of Sri Lanka

Read the letter as a PDF:HRC SL on amendments to Code of Criminal Procedure

Dayan’s Project Gotabaya

2017-03-17

Ali Shariati was the ideologue of the Iranian Revolution. It was Shariati’s liberation theology- a rationalization of Marxism through the lenses of Islam that propelled Ayathollah Ruholla Khomeni’s take-over of power in 1979 overthrowing the Pahlavi dynasty. Shariati’s politics was anti- imperial and Marxist with a firm base in Islamic liberation theology, distinct from the theology ‘Islamism’ has since come to be known for.Since the overthrow of the Socialist Oriented Prime Minister Mohommed Mossadeq by a CIA-sponsored coup in 1953 and the re-imposition of the dynastic rule, Shariati was destined to have a following. His lectures and writings remained a part of the Iranian psyche until they were violently crushed.   

Dayan’s Project Gotabaya.docx by Thavam Ratna on Scribd

My SAITM Story

By Sajeeda Darwes –March 16, 2017 

Sajeeda Darwes

I studied at Girls High School Kandy and currently I’m a 4th year medical student at SAITM. I passed my G.C.E Ordinary level exam with 10 A’s. I faced my Advanced Level examination in 2011 from Kandy district and I got an A pass for Chemistry and 2 B passes for Biology and Physics. I missed entry to state medical faculty by 3 ranks (by 0.03 z score) Although my Z score was good enough to enter to a state medical faculty in many other districts, unfortunately, it was not from Kandy district. We underwent several issues regarding complications in the Z-Score that year, as both old and new syllabus students faced the examination. It took more than a year for this issue to be settled and we were given another separate z score. By the time the z score issue was sorted, there wasn’t enough time for me to get prepared for another attempt, as our results came in December 2011 but the z score problem was settled in only by January 2013. That year the intake from Kandy district was less in comparison to previous years even though a court order was given to increase the intake.

My mother saw the passion that I had towards pursuing a career in medicine, because when my father passed away, it was my ultimate purpose to make my father’s dream a reality; which was to see me as a Doctor. After seeing that I had worked so hard, and yet was deprived entry into a state university due to the district quota system she wanted to somehow make that dream a reality.

Its not easy for me being a girl, to go abroad and study also with high expenses. Around this time I heard about SAITM which is approved by University Grants Commission and the ministry of higher education. Neville Fernando teaching hospital was being built by that time. I also consulted a few Doctors and Lecturers regarding SAITM. I talked with some of my friends who were studying abroad and at SAITM. I decided to go ahead with SAITM. I considered it a privilege to be given the opportunity to study in my own country.

I applied for SAITM and I underwent two interviews there, one was by the university and the other one was by University Grant commisson and I also faced the examination held by SAITM in order to grant scholarships to deserving students. I passed that exam which comprised of 4 separate papers comprising of Biology, Chemistry, Physics and I.Q. Which was set in English medium. Even though I had done my studies in Sinhala medium I managed to score well. Over the years I had acquired various certificates for Provincial level and district level competitions including Art, Essay and Oratory,etc.. Considering both my academic and extra curricular activities and my current situation I was offered a half scholarship and I started my medical education at SAITM.

Here at SAITM, we are taught by professors and consultants who are also lectures/or used to lecture at state universities. We are really proud to have the opportunity to be guided under such lecturers. We also undergo Final examinations for each subjects which includes M.C.Q,S.E.Q,OSCE and Viva components.

We undergo clinical training not only at Neville Fernando teaching hospital ,but also at some private hospitals in Colombo district in order ensure a very good clinical exposure and experience. Our senior batches attend the forensic appointment and psychiatry attachment at the Awissawella base hospital and also the Kaduwela M.O.H area in order to complete our community medicine appointment. At the end of each major appointment we undergo an end appoinment viva which is conducted by consultants. We also work really hard as we fully understand the responsibility we have to undertake in the future. Because we too know the importance of human life.

And we too aspire to be quality doctors who are serving this nation.

Contrary to popular belief we are not offered the degree purely for money. We also work very hard to get through our exams and it is not something we take lightly.

It is not a secret that in certain foreign universities students are not allowed to interact with patients and thus their clinical exposure is minimal. Yet they are recognized by the SLMC. But here we are given the opportunity to interact with patients. In fact I have interacted with patients in all 3 languages.

Being a Doctor is not an easy task.

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‘Country suffers Rs. 7 bn loss’

MPs’duty free vehicle racket

 

MP knocked down by duty-free racket

By Chitra Weeraratne and Shamindra Ferdinando-March 16, 2017, 10:38 pm 

The Supreme Court was yesterday informed that members of Parliament representing all political parties had caused losses amounting to over Rs 7 bn by selling duty free vehicle permits without proper legal sanction.

Among them are members of the yahapalana administration, the Tamil National Alliance (TNA) as well as the Joint Opposition loyal to former President Mahinda Rajapaksa.

The bench comprised newly appointed Chief Justice Priyasath Dep, Justice Sisira de Abrew and Justice Priyantha Jayawardena.

Attorney-at-law and public litigation activist Nagananda Kodituwakku informed the court that out of those vehicles sold so far, 45 were already registered under new owners. Names of sellers and buyers of nearly 40 vehicles were submitted to SC by Kodituwakku.

Kodituwakku has obtained the names of both sellers and buyers from the Motor Traffic Department on the basis of the Right to Information Act.

At the beginning of the proceedings, Deputy Solicitor General Viraj Dayaratne, who appeared for the Attorney General Jayantha Jayasuriya said that the CIABOC had initiated investigations into the alleged sale of duty free vehicle permits. Dayaratne requested that a case, filed by Kodituwakku against the CIABOC in the Supreme Court, be withdrawn as investigations were underway.

When Chief Justice Dep sought Kodituwakku’s opinion, the latter said that he had no faith in the CIABOC and requested the SC to direct the institution to conduct an independent and credible investigation into the duty-free permit scam. Kodituwakku declined to withdraw his case.

Members have received tax exemption ranging from Rs 30 mn to Rs 44 mn.

Quoting the Supreme Court judgment delivered in respect of the Grand Central case, Kodituwakku said that in the Republic of Sri Lanka sovereignty is in the people in terms of Article 3 of the Constitution and the Attorney General shall represent and act for the people of Sri Lanka.

The petitioner said that his fundamental rights had been violated by the failure on the part of the CIABOC to inquire into his complaint submitted several months back in respect of duty free vehicle permit scam.

He said that the CIABOC had facilitated a project launched by former President Mahinda Rajapaksa to impeach the then Chief Justice, 43, Dr. Shirani Bandaranayake and, therefore, he had no faith in the institution.

Dr. Bandaranayake was impeached on January 11, 2013.

Kodituwakku said the CIABOC had filed three cases against Justice Bandaranayake in Colombo Chief Magistrate’s court. On the basis of the CIABOC action, the court charged Bandaranayake on two counts in three different cases under Section 9 (1) of the Declaration of Assets and Liabilities Act No 01 of 1975.

Kodituwakku has pointed out that the CIABOC had moved the Colombo Chief Magistrate court against Bandaranayake during the Rajapaksa administration had subsequently withdrawn three cases in Feb. 2016.

The then Chief Magistrate Gihan Pilapitiya exonerated her and ordered that her passport be returned to her immediately.

Kodituwakku asked the court how people could repose their faith in the CIABOC, which had treated the head of the judiciary in such a despicable way.

The petitioner called for action to recover money owed to the government.

The fundamental rights petition will be called before the Supreme Court on May 9.