Tamils’ issues need quick solutions - Sampanthan



April 12, 2017 

Tamils in Sri Lanka had anticipated a change for the better with President Maithripala Sirisenas election two years ago, but they are yet to receive solutions to their problems, opposition leader R Sampanthan has said.

“We do see a difference in the current government from the past one on their policies, statements and standings, but our people are yet to receive solutions to their problems. It has been over two years since this government came,” he said in Vavuniya town addressing a ceremony to handover houses to people displaced due to the LTTE conflict.

“Our people are still resorting to demonstrations concerning the disappearances, land issues and political prisoners. These issues need quick solutions. Should the government fail in giving solutions then people will feel fed up with this government too,” he said.

Sampanthan’s Tamil National Alliance (TNA) supported Sirisena against his predecessor Mahinda Rajapaksa in the presidential election held in 2015 in which Rajapaksas nearly a decade-long rule was ended.

Source: PTI

Constitutional reforms : Courts to be allowed to decide on referendum

The Steering Committee of the Constitutional Assembly has decided to let the country’s courts of law decide whether the Constitutional reforms require a referendum or not.

Wednesday, April 12, 2017 

A member of the Steering Committee speaking to the Daily News yesterday stated the priority has been given to agree on the substance of the Constitutional reforms and present the draft report before the Constitutional Assembly. “Whether it would be a ‘new Constitution’ or an ‘Amendment’ will be decided later,” he said. However, it is learnt that President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe in a meeting with the Steering Committee members recently had expressed that this was not “the right time” for a referendum.The meeting had been attended by Opposition Leader R Sampanthan, TNA MP M A Sumanthiran, Ministers Malik Samarawickrama, Nimal Siripala de Silva, Anura Priyadarshana Yapa, Rauf Hakeem, Mano Ganesan, Rishad Bathiudeen and State Minister Dilan Perera.

“All were allowed to speak their minds out at the meeting. Opposition Leader Sampanthan very strongly urged for a new Constitution with a referendum, but both the President and Prime Minister were of the view that this was not the right time for it. They asked to concentrate on completing the draft document and place it before the House,” a member who attended the meeting said.

The interim report of the Steering Committee giving the contours of the Constitutional reforms was initially expected in December last year and it’s debate was to be taken up in early January, but was postponed indefinitely as there was no consensus. Steering Committee sources said the SLFP represented by Ministers Nimal Siripala de Silva, Susil Premajayantha and State Minister Dilan Perera last week “expressively maintained the position that their party prefers Amendments rather than a new Constitution”. However, the UNP, TNA and other minority parties were demanding a new Constitution followed by a referendum.

The SLFP had also expressed that it wants to continue the Executive Presidency and maintain the unitary character of the State. Minister de Silva had said a strong Presidency is needed if power devolution is to become a reality.

Considering these developments, the Tamil Progressive Alliance (TPA), Sri Lanka Muslim Congress (SLMC), All Ceylon Makkal Congress (ACMC) and Eelam People’s Democratic Party (EPDP) have now agreed to continue the Executive Presidency with minimum powers, if that is what prevents meaningful power devolution.

However, President Sirisena during the meeting chaired by him had stated that he stands by his original position on the Executive Presidency. “I have told the country my position clearly, but my party holds a different view,” the President has stated.

The SLFP had also stated that its prime concern was on electoral reforms. However, minority parties have opposed the move to single out the electoral reforms, adding that any Constitutional reform process must accommodate three main aspects, electoral reforms, Executive Presidency and power sharing.

Minister Patali Champika Ranawaka had also expressed the view at the Steering Committee that the Executive Presidency should be retained. Sources said he was also skeptical about power-sharing proposals. However, sources said the Steering Committee has reached a broad agreement on power devolution after lengthy discussions. 

Free Market Economy Conditions & Freedom Of Living: High Cost Of Housing In Cities

By Siri Gamage –April 12, 2017

Dr. Siri Gamage

The neoliberal economic doctrine that dominated the world in the last few decades and still doing so has created conditions in societies, especially their urban centres, that deserve further critical scrutiny by the alert and educated intelligentsia both in developed and developing countries. This is because these new conditions have not only generated highly competitive learning and working life for citizens and in some cases immigrants but also the drastic changes brought about by the new system have compromised the freedom of living for many, particularly the young and the middle aged. Those employed in the private sector in particular seem to live for work and in many cases to pay off heavy mortgages and other loans rather than the other way around.

Ideally, competition is supposed to bring down prices of commodities, other products and services. There are examples of this happening, e.g.telecommunication. However, there are many examples of the opposite. Generally speaking, a healthy society provides conditions for their citizens to be able to educate, acquire skills, be gainfully employed, buy a house, car or have access to transport facilities, medical services, recreation and contribute to the community welfare. Conditions for a good and comfortable life is provided in such societies while preserving the physical and social environment, the latter in a conflict free, cohesive way. Citizens live in happiness and spend their non-working days and hours in pursuit of other interests such as reading, recreation, reflection, writing, sports, travel, helping others and more. There is work and life balance. But the conditions of life that have been created by the free market economy and associated practices have brought many pressures and challenges that have compromised freedom of living.

How does these new conditions appear in everyday life? What can they do to our sense of being, human relations and core values? Has the neoliberal free market economic doctrine done irreparable damage to the social fabric of societies which were based on good old norms, values, fair play, sense of being, community and altruism? In addressing these questions, I need to use the example of Parramatta, an urban suburb of Sydney, to elaborate.

To start with, urban living has been constructed in such away that one or both partners in a family have to work and earn a living. This is not the problem. All have to work and pay taxes to the government which in turn spends them on services, infrastructure etc. However, with the income received one has to pay rent or if one has bought an apartment or house need to pay the mortgage. One has to buy consumables like food, clothing, and medicine. There are various kinds of insurance products and other services one has to pay regularly, eg telecommunication, electricity, water, gas, and local council fees. In addition, there are various indirect taxes too. If the couple has children, there are further expenses. The point is that when a small family pays all these expenses, there is very little left for personal enjoyment and entertainment that can contribute to their quality of life.

When we go for our evening walk along the Parramatta River in the evenings, we see many Indian and other residents in the area doing the same. Indian and Chinese families have three generations together in such walks. They seem to enjoy the walks but many seem to be worried too. In the faces of the old and young, I witness a worried sign, serious outlook. Are they worried about the increasingly expensive urban living? Are they worried about the household budgets? Are they worried about the future prospects of adult children who will never be able to buy an apartment or a house due to sky rocketing prices?

It is a fact that in Sydney and Melbourne for example, housing prices have increased in the last few years beyond any belief. In the year up to February this year, the prices increased by 19 percent in Sydney. Melbourne followed with a 14 percent increase. It is reported that in these two cities, the housing prices more than doubled during the last five years (During the last 5 years property prices increased by 75% in Sydney). Largely investors and speculators drive this increase. The government is not taking steps to cool the housing market down as it relies on housing construction industry to drive economic growth after the end of mining boom. State governments received stamp duty income in billions. In this environment, those who had property before the recent rise are enjoying increased value. First homebuyers are finding it difficult to compete with cashed up investors and others who are trying to capitalise from the rising housing market. Low interest rates provided by the banks add fuel to the fire.

A new class divide has been created between those who own property in these two cities and those who do not but keep renting. Investors who own properties need those who are willing to or compelled to rent. Otherwise, their dreams won’t come true. It is often mentioned in the media that there are some who own more than 15 properties or more and claiming tax concessions. One television presenter who gives property advice owns more than 40 investment properties. There don’t seem to be an end to the greed of some and to the misery of others. What this example shows is that governments who follow free market, neoliberal policies advocating the need for competition, free trade, unfettered freedoms for the investors take the side of the investors over the welfare of large majority of others who are condemned to live a life of daily struggle and misery. Such governments often talk about the need for free market and individual choice for economic growth. They argue that without economic growth, services cannot be provided due to decreased tax revenue. What they don’t talk about is whether there are other models of sustainable economic growth that do not put much pressure on the young and the middle aged. This is not an abstract argument as in Europe where there are some countries that have not followed the neoliberal economic doctrine as in the English speaking countries in full and still able to provide conditions of life and freedom of living to their citizens to an acceptable level e.g. Germany and some Scandinavian countries.

With the new group of cashed up citizens who have benefitted from the property boom in the market whom I call new riches in cities like Sydney and Melbourne on one hand and others with borrowed money in a low interest environment trying to emulate the former, a new game is being played in the town. As a newcomer to Sydney from a regional university city about 450 kms away, I am only beginning to discover the differences in lifestyle between these two groups. I have had no experience so far about the third group who are not part of this competitive game and live in government housing or low rent accommodation mostly with government welfare. New immigrants from Asia, in particular China and India are also being sucked into this game of living and working as I see young couples with and without children visiting display homes in various locations operated by building companies that provide house and land packages that average $800,000. It is lot of money even for someone like me who is approaching retirement. Yet many of these young couples are planning to commit to heavy housing loans that extend to 20-30 years. From their point of view, it is perhaps better to buy a house or an apartment rather than pay rent long term. This is a basic human need whether one is immigrant or born in the country. The problem with Australian immigration policy is that it brings in close to 200,000 immigrants including temporary work visa holders annually and dump them in main cities like Sydney and Melbourne rather than spreading them across the country, especially in regional cities. This has essentially redefined some suburbs, brought in new social problems, and generated resentment among Australians toward new immigrants. It has also created conditions in these two cities that challenge freedom of living, particularly due to the class divide described earlier, the gap between the rich and the poor etc.

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Challenges to media freedom in Sri Lanka; the ‘New’ Government’s performance

By Kishali Pinto-Jayawardena-Sunday, April 09, 2017

A common view held by many across the Commonwealth that Sri Lanka holds out a beacon of hope to the world in reversing the tide of authoritarianism underscores darker and more complex realities.

Even in those early days when elation prevailed after the surprise election defeat of former President Mahinda Rajapaksa in 2015, many of us instinctively knew that this was just the beginning of a long, hard road towards reversing systemic Rule of Law failures, much of which had predated Rajapaksa rule (2005-end 2014).

Journalists being briefed on the Right to Information Act

Two years later, the formidable challenges before us are very clear. During the previous decade, the abuse of power had been unprecedented, even when assessed against the country’s turbulent post-independence history after British colonial fetters were shaken off in 1948. Ordinary law and order had deteriorated to abysmal depths. State, economic and military powers were concentrated in the office of the Executive President. Corruption on the part of a ruling family cabal was rampant and ugly. Shaky at its best, the scales of the State tilted dangerously towards raw, naked authoritarianism. Editors and journalists were assassinated, beaten up and threatened. A decades-long secessionist war fought by the LTTE in the Northern peninsula was brought to a bloody end in 2009 but even after, terror continued to stalk the land.

Yet the stage for this departure from the democratic path had been set quite a while ago. Prolonged ethnic conflict and more sporadic but equally violent clashes between the majority Sinhalese government and rebellious Sinhalese youth in the South had paved the way for emergency law to become the norm. Checks and balances once holding arbitrary executive discretion in check became weaker. Under the Kumaratunga Presidency, a Supreme Court headed by her handpicked Chief Justice in 1999 became politicised with severe adverse impact on a once revered institution. Attacks on critical journalists waxed and waned with criminal defamation law being used to stifle dissenters until a vigorous media-led campaign resulted in its repeal.

So to many, the excesses of the Rajapaksa Presidency was a natural – and logical – culmination of what had preceded. Regardless, a restive if not angry populace was ripe for change when, following a surprise announcement of a premature Presidential election, Rajapaksa’s onetime Health Minister Maithripala Sirisena deserted his party leader and contested the elections with the support of Ranil Wickremesinghe, leader of the (then) opposition United National Party (UNP) after months of covert planning. It was an explosive electoral challenge in the best traditions of excitable party politics, catching the imagination and hope of Sri Lankan citizens who voted for the imprudent challenger. But the 2015 reformist agenda of the Sirisena-Wickremesinghe coalition is now facing grave internal subversion by forces that were very much part of the earlier anti-democratic establishment.

Great expectations; the Government’s reform agenda
One major thrust of reform concerned the restoration of the Rule of Law including the independence of the judiciary, the enactment of a Right to Information law and a Contempt of Court Act, the broad-basing of state-owned media among a host of other pending media law reforms. The other equally imperative focus was on state accountability for war time abuses premised on a consensus resolution on Sri Lanka adopted at the United Nations Human Rights Council.

However, progress has been faltering. Indeed, in some respects, there is regression. For example, the Government promised to repeal or reform the Prevention of Terrorism Act (PTA) under which journalists and activists had been routinely imprisoned. But now, a draft Counter-Terror Act (CTA), conceived in secret and running to more than fifty pages, has far more terrifying potential to restrict civil liberties than the PTA.

Where accountability is concerned, little of significance has happened apart from an Office of Missing Persons which remains yet inactivated. Similar dysfunction affects a Victim and Witness Protection Authority. In addition, hawkish elements within the Government are denying the right of immediate legal counsel to a suspect upon being arrested. Cases relating to the killings and beatings of journalists are yet pending.

Emblematic cases of gross human rights abuses against Tamil civilians under the previous regime suffer a similar fate. Absent sufficient pressure from civil society, the members of which have now been co-opted in great part into ad hoc task forces, punishing perpetrators through a radically reformed criminal justice system has been replaced by a spluttering Colombo-centered transitional justice process. This has been an early victim of the huge gap between what the Government promised and what it can actually deliver. Ambitious constitutional reform plans are similarly bedevilled. Corruption investigations into the near-bankrupting of the state coffers by the Rajapaksas have also stalled. Emboldened, the former President’s supporters have become increasingly more vociferous.

Encouraging use of RTI across the country
The one exception to this sad litany of non-performance is that on June 23, 2016, Parliament unanimously passed the Right to Information (RTI) Act. This was a result of persistent advocacy for over one and a half decades by editors, lawyers, media activists and civil society activists. A key pivot thereto was the 1998 Colombo Declaration on Media Freedom and Social Responsibility, which focused on RTI as a legislative imperative. Earlier, a Prime Ministerial committee had drafted the 2004 Freedom of Information (FOI) Bill which was approved by the Cabinet. However the premature dissolution of Parliament resulted in the 2004 Bill being discarded. Some unsuccessful revivals were attempted in later years, one such effort being notably by the present Speaker of Parliament Karu Jayasuriya then an opposition parliamentarian. But the Bill was re-activated as a template only in 2015 with the change of regime. Following sleepless days of hectic drafting and after public consultations, the revised version now named the Right to Information (RTI) Bill was approved by the Cabinet.

The Bill passed the test of legal challenge before the Supreme Court subject to certain modifications. To the surprise of those anticipating vigorous opposition on the floor of the House, it was passed with nary an opposing vote. As a member of both drafting committees in 2004 and 2015/2016, this was a rare day of rejoicing for me. Some months ago, a constitutional amendment had also enshrined the right of access to information. RTI was therefore backed by two supports; one, constitutional and the other statutory. That said, the fact that the constitutional restrictions (drafted differently to the statutory process) were somewhat broader in scope did give rise to unease. Nonetheless, there was much to be pleased about.

Since the Act and its Regulations with the Rules of the Commission on Fees and Appeals were operationalised on February 3, Sri Lanka has been ranked globally as having the third best RTI regime. No state agency is exempted from its reach unlike other information laws in the region. For the past two months, the use of RTI has been quite diverse and vigorous. This is a positive factor even though I cannot comment on specific cases.

Will RTI be an exception to a discouraging pattern of practically ineffectual good laws in Sri Lanka? Will it radically transform the culture of secrecy that holds the political and public service establishment in an iron grip? Answering these questions require prophetic ability. But unlike other laws which depend on dysfunctional state institutions, RTI can be directly used by citizens to provoke, needle and demand accountability from government and non-government entities. Early signs of its enthusiastic use are encouraging.

Conclusion
Ambitious reform plans of Sri Lanka’s coalition leadership have been slowly collapsing into disarray. True, citizens now live free from the threat of enforced disappearances and blatant misuse of power. Moreover, there is freedom of public debate which was once a luxury. Nonetheless, as has been repeatedly emphasised in my weekly column to the Sunday Times, Colombo, the coalition Government’s incessant refrain that ‘things are not bad as they once were’, is no answer. Setting the bar of comparison based on the previous regime is akin to no standard at all.

And freedom of expression is of limited use when structures of state power remain impervious. In addition, increased criticism appears to be having a bitter impact. The Government has vowed to bring in a regulatory framework for print, electronic and online media. While media professionalism has deteriorated badly, mostly due to journalists being bludgeoned literally and metaphorically in the past, government regulation is unquestionably not the solution to that problem. Cloaked in the deceptively misleading language of ‘independent regulation’ such innocuous experiments are often twisted to political advantage.

Some in the Government have asserted that RTI is a quid pro quo; in other words, as RTI has been ‘given’ to the media, it should ‘submit’ to the proposed regulatory scheme. This argument suffers from a fundamental misconception. RTI is not a privilege to be bestowed at the magnanimity of politicians. Rather it is a people’s right (not limited to the media). Any suggestion of a quid pro quo is unfortunate.

In 2015, democratic change-makers were ordinary citizens from far flung corners of the land who reacted with powerful anger against state-sponsored racism, chauvinism and corruption. But this critical constituency of reform is being eroded day by day. That is regrettable for Sri Lanka’s people, for the Government which once promised much and most profoundly, for those working for genuine systemic change.

(The writer serves as a Commissioner on Sri Lanka’s RTI Commission as the nominee of the organisations of editors and publishers. The views expressed are strictly in her personal capacity. This is an edited excerpt of a paper discussed at conference sessions on ‘The Commonwealth and Challenges to Media Freedom’ hosted by the Institute of Commonwealth Studies (ICwS), April 4th 2017.)

Opportunity to provide appeals and suggestions regarding harassed journos 

2017-04-12

The Cabinet Sub Committee on granting measures of relief to media persons who were subjected to various harassment and oppression during the period 2005 — 2015,announced that it would once again provide the opportunity to persons and organizations to make appeals and submissions to it.  

A notice by the committee stated that it had decided to expand its recommendations and thus provide those who were unable to do so before with another opportunity.

Accordingly, the Subcommittee has decided to call for appeals and submissions on journalists and media workers who have been murdered, attacked and physically harassed during this period.

The appeals and submissions could be provided to the Director General of Government Information (Secretary to the Cabinet Subcommittee) at the Department of Government Information No. 163, Kirulapona Avenue, Colombo 05 or faxed to 0112514753 or emailed to ranga@dgi.gov.lk on or before 01st of May 2017.

TWO MILITARY SUSPECTS OF ABDUCTION ATTEMPT IN JUNE 2008 IDENTIFIED BY NAMAL PERERA

12/04/2017

Image: Press freedom organisations was quick to organise a protest against the assault on Namal Perere.

Today (12) Namal Perera identified two military intelligence officers over the assault and abduction attempt in June 2008.

They were identified during an identification parade held in Court no 3 this afternoon. Altogether there were 42 look-alike people at the identification parade.

Namal Perera had identified  three people and two out of them are militaty offciers who are in custody over number of assaults and abductions of journalists during the Rajapaksa regime.

Colombo Acting Magistrate Lanka Jayaratne remanded two identified suspects till 26th April 2017.

The other four military intelligence officers were released on 200,000 rupee bail each.‍

Are socio-economic rights, rights?

Featured image courtesy Gwenael Piaser/DBS Jeyaraj.com

AMAL DE CHICKERA on 04/12/2017

Through the ping of a tweet and a quick scan of the media, I’ve been alerted to a polarising constitutional debate in Sri Lanka. The debate is on whether justiciable socio-economic rights should be included in the new constitution. In this article, I would like to unpack and respond to some of the arguments put forward against their inclusion.

An ideological divide

Are socio-economic rights, rights.docx by Thavam Ratna on Scribd

GSP Plus: Trade Committee Coordinators Issue Warning To Prime Minister

April 11, 2017

In an unprecedented move the coordinators of all political groups in the trade committee, the Member of European Parliament responsible for GSP+ and Special Rapporteurs of the European Parliament responsible for South Asia issued an unprecedented ultimatum to Ranil Wickremesinghe.

Prime Minister Ranil Wickremesinghe

The deadline for Wickremesinghe to meet these demands have been revealed in closed door conversations to be the 25th of April.

Else, on the 27th of April a vote will be held at the plenary session in Brussles MEPs are likely to vote against Sri Lanka and kick it out of the GSP+ programme altogether.

We publish below the letter in full:

His Excelleny Ranil WICKREMESINGHE Prime Minister of Sri Lanka
Prime Minister’s Office
No: 58, Sir Ernest De Silva Mawatha, Colombo 07.

Sri Lanka.

Your Excellency,

Brussels, April 7th, 2017

We are writing this letter in connection with Sri Lanka’s application to join the EU’s GSP Plus scheme under Regulation 978/2012.

The 2010 unilateral preferences under the GSP Plus scheme had been withdrawn from Sri Lanka due to its failure to effectively implement three human rights conventions, namely ICCPR, CRC and CAT. Following the change in the administration in 2015, we were pleased to note the commitment of the new Government of Sri Lanka to introduce substantial reforms and, inter alia, address the issues that had led to the withdrawal of the preferences. As a result, in July 2016, Sri Lanka reapplied for GSP Plus membership, a move evidencing Sri Lanka’s political will to reengage with the EU to fully implement the obligations flowing under the 27 international conventions of the scheme, including the abovementioned ones.

On 11 January this year, having thoroughly assessed Sri Lanka’s application, the European Commission has considered that Sri Lanka meets the eligibility criteria and has decided to propose the granting of GSP Plus status to your country. In line with EU’s legal requirements, the European Commission’s decision is currently before the European Parliament and the Council of the European Union for review.

In parallel, we were also pleased to note that Sri Lanka has launched with the EU a bilateral dialogue on human rights, governance and the rule of law (two meetings of the relevant working group have already taken place). We also welcome that Sri Lanka has re-engaged with the UN system by co-sponsoring the UN Human Rights Council resolutions of September 2015 and March 2017 on the promotion of reconciliation, accountability and human rights in Sri Lanka. Equally commendable is the Government’s standing invitation to all UN special procedures mandate holders and facilitation of their visits.

These are important developments that send a positive message about Sri Lanka’s determination to ensure the unimpeded enjoyment of human rights by all Sri Lankan citizens in line with international standards. In that respect, we believe that GSP Plus constitutes a strong incentive for Sri Lanka to promote sustainable development and human rights through economic growth. The EU is ready to stand by Sri Lanka in its path of reforms through, inter alia, such trade incentives.

Sri Lanka’s GSP Plus application has given rise to lively debates in the European Parliament, including at two public hearings in December 2016 and March 2017. As members of the European Parliament’s International Trade Committee, we have participated in these debates and have continuously underlined the need for applicants and beneficiaries to honour commitments taken when applying for GSP Plus membership. These commitments must be translated into continuous action towards the effective implementation of the GSP Plus conventions so as to reassure that Sri Lanka is seriously addressing shortcomings.

It is with this aim in mind that we wish to express our concerns over the pace of reforms in Sri Lanka. As noted in the recent report by High Commissioner Zeid, while there is recognition of progress and of the Government’s will to pursue reforms, efforts to address a number of important shortcomings have slowed down or have been stalling. We are concerned that, initiatives on introducing new counter-terrorism legislation and amending the Code of Criminal Procedure Act (CCPA) bringing them in line with international standards, launching a fully operational Office of Missing Persons, addressing torture and impunity, as well as decriminalising sexual orientation have unfortunately not yet come to fruition. Further action on sexual and gender-based violence should also be pursued.

While we understand the complexity of the issues involved and the need to enter into wide consultations on the more sensitive aspects, it is critical that Sri Lanka delivers on its commitments within clearly established timelines. More specifically, we expect the Government to table legislation to replace the Prevention of Terrorism Act and amend the CCPA, ensuring their full compliance with international standards, prior to the decision on GSP Plus foreseen for mid-May.

The above issues fall within the human rights conventions covered by the GSP Plus scheme and constitute obligations upon applicants and beneficiaries which must be complied with. If Sri Lanka is granted GSP+, we will call upon the European Commission to strictly monitor the implementation of these obligations by Sri Lanka and report to us at the second GSP Plus Report to be issued by December this year. Thus, while we are strongly in favour of encouraging Sri Lanka down the path of reform, we will be at the same time watching closely developments and expect that Sri Lanka fully delivers on the above issues. Finalising actions on these issues would, above all, benefit the citizens of Sri Lanka and would help solidify a framework of respect for fundamental rights leading to sustainable growth and development.

Should Sri Lanka be granted GSP Plus, we hope the scheme will help in creating the right economic opportunities for our bilateral relationship to thrive and that it will lead to economic growth and the further diversification of Sri Lankan exports to the EU. In parallel, we hope that GSP Plus will help Sri Lanka pursue such growth in a sustainable development framework through the effective implementation of commitments under the 27 GSP Plus conventions.

Yours sincerley,

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Can you beat that ? Judges cutting cake holding fondling hands of accused..! Photo testifies..! : Is Mihal’s JSA permitting or promoting this fondling ?

(Lanka-e-News - 12.April.2017, 7.25) This is not a story taken from ‘Ripley’s Believe it or not’ , rather a shocking story concerning  shameless Sri Lankan (SL) judges of judicial courts who cut cakes holding fondling hands of the accused ,  which  therefore  deserves a most prominent place in Ripley’s book  for openly disgracing  SL’s  sacrosanct independent judiciary  by the very  judges  who are expected to  hold aloft the sacred and hallowed  judicial  traditions and norms. The photograph herein confirms the most deplorable and disgraceful state of affairs which is soiling   the image of SL ‘s judiciary beyond repair.

Second from left in this photograph is judge Sumudhu Premachandra . It were  the photographs of this same judge (born without any sense of shame in much the same way as a naked  animal ) half naked with his wife on Vedda's honeymoon bed making a public display,  we published some time ago.

This  same judge attended the ‘bana (sermon) party’ which  was  conducted on Kandy court premises recently , flagrantly violating Judicial Service Commission circulars . Last year when Premachandra was the judge at Nuwara eliya , along with another judge Nilmini Fernandez who knew sweet nothing about law , and conducted herself like a pavement ‘Watti amma’ ( a pavement vendor),  abusing their lofty judicial positions played ‘pandhu’ collecting monies from those attending court to play a game of cricket  alias ‘criminal cricket carnival’. Unbelievably , a notorious accused , the mayor Dodampegama who has  a number of cases against him which are being heard before these  judges  was a participant  in  the ‘cricket tamasha’ . What’s more ,  the criminal and judges cut the cake together on the occasion (the photograph herein depicts ) !

Much worse , even though complaints have been made to the JSC against such judges playing cricket with criminals  openly , and having fun and frolic with the mayor against whom and his family there are  a number of civil and criminal cases in the courts of these judges  , sadly no action has been taken.

Premachandra and Nilmini  despite being judges , used the staff of the courts to collect cash from those attending courts for their ‘cricket Tamasha’ . In addition  after the cricket match pocketed the balance monies  , according to the courts employees. 

The JSA which comprises nefarious  pro Rajapakse judges of the nefarious era ,and its secretary Mohomed Mihal , instead of taking  urgent and stern measures to chase out such ‘criminal cricket carnival’ criminal  judges who are disgracing the bench and polluting the judicial atmosphere , is  unfortunately wasting all its time on chasing after irrelevant  issues relating to  the  dismissal of  Ramanathan Kannan who had not breached any disciplinary rules , and was appointed duly  and  legally as a high court judge.

In the circumstances , is or isn’t a  hybrid court necessary  for this country is a most pertinent question ? 

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by     (2017-04-12 14:03:38)

A hobby-turned-perk for all ministers?

Selling vehicle permits and buying SUVs

2017-04-12

Recently the government sought Parliament approval for spending a total of Rs.288.2 million in order to purchase vehicles for several ministers, deputy ministers and state ministers. According to a report submitted in view of these supplementary allocations, it states that the supplementary provision does not change the approved total expenditure limits of the annual estimate by Parliament. The allocation of such purposes has been made under the Project of Budgetary Support Services and Contingent Liabilities of the Department of the National Budget and it is under the limit of the approved annual budget. It further states that the purpose of this provision is to facilitate the smooth conduct of public finance management in a more efficient and effective manner.  
In an article published in our sister paper ‘Deshaya’, it was revealed that a Minister only pays Rs.1,750 to the Sri Lanka Customs as data entry fees. Filing a case at the Commission to Investigate Allegations of Bribery or Corruption (CIABC), Attorney-at-law and public interest litigation activist Nagananda Kodithuwakku has said that ministers with permits usually import SUVs such as Land Cruisers with a tax of Rs. 33.5 million. But none of these ministers pay the tax. A normal citizen buying a 600-800cc vehicle should pay over Rs. 2 million as tax. Tax-free vehicle permits were issued by the Secretary of the Finance Ministry but the Minister of Parliamentary Reforms has signed the permits issued during January, February and March 2016. He has further stated that Section 3C (3) also requires that in the event of sale or disposal of any goods imported tax-free, they should obtain prior approval and to pay all levies prior to the sale or disposal of any such goods. But none of the MPs has adhered to this statutory stipulation and Mr. Kodithuwakku has openly abused the permits for unjust enrichment.  

Accept government‘s decision on SAITM and stop anti SAITM campaigns-NMFEFE

Apr 12, 2017

Addressing a press conference held at Government Pharmacist Trade Union Hall at Borella in Colombo on April 11 Leaders of National Movement Free Education and Freedom to Education (NMFEFE) urged anti-SAITM Groups to accept government’s decision on SAITM and stop anti SAITM campaigns.

In the press conference, Co-convener of NMFEFE Saman Ratnapriya said that there was a crisis about the SAITM and it was created by GMO (Government Medical Officers) and university community.

“Government has been taken a solution for settle that SAITM issue. But we can’t agree with the decision about the special exam for MBBS degree completed students at SAITM due to the regulations of University Grant Commission Act.”

“We urge anti SAITM groups to accept the government decision about SAITM and end campaign for the betterment of the country,” said Ratnapriya.

Ven. Dambara Amila Thero, Co-convener of NMFEFE said that there must be a quality for every profession.

“If the Buddhist monk does not have a quality what will be happened?”

He added, “GMO leader Dr. Padeniya has been said that they will topple the government within three months period. It is not an easy task due to the over 6.2 million voted to the government. General public are not happy with GMO activities especially hospital strikes. These days many people suffer with influenza virus fever.”

The Buddhist monk pointed out that the needy of private medical colleges for the country.

“We need another fifteen private colleges for the benefit of the public health. But we have one doctor for 2000 people of the population in the country. There is a political agenda behind the anti-SAITM campaigns.”

“Doctors can’t play with the people every day. People have a right to being healthy. They will react at the correct time,” said Amila Thero.

Co-conveners of NMFEFE Gamini Viyangoda and Dr. U. Anura Kumara also spoke out the event.

“There must have a common exam for the final year medical students of government and SAITM,” said Dr. U. Anura Kumara.
Meanwhile, Government has cited four decisions on the SAITM matter as follows:

1. SAITM students who have already passed the final MBS examination will be given a further period of clinical training in Surgery, Medicine in Gynaecology and Obstetricts, Psychiatry and Paediatrics, one month each in duration at Homagama and Avissawella hospitals.

2. Subsequent to this training, candidates will undergo a mandatory examination conducted for granting provisional registration  under the joint supervision of Sri Lanka Medical Council (SLMC) and University Grant Commission.

3. The Ministry of Health will gazette the minimum standards for medical education in Sri Lanka submitted by SLMC with the approval of AG.

4. The Ministry of Health will initiate the proceedings to bring the “Neville Fernando Teaching Hospital’ under the Ministry of Health and will continue to run as a Teaching Hospital.

SAITM imbroglio:Govt won’t give in to GMOA – Kiriella 

By Shamindra Ferdinando-April 12, 2017, 7:06 pm

Higher Education and Highways Minister Lakshman Kiriella, yesterday said that the Sirisena-Wickremesinghe government wouldn’t give in to what he called a despicable political project undertaken by Government Medical Officers’ Association (GMOA) on behalf of those who had been ousted at the January 2015 presidential poll.

MP Kiriella, who is also the Leader of the House, in a brief interview with The Island emphasised that the ongoing GMOA spearheaded campaign against the South Asian Institute of Technology and Medicine (SAITM) was meant to undermine and humiliate the government."The GMOA leadership is working overtime for the Joint Opposition loyal to former President Rajapaksa," Kandy District MP Kiriella said, adding that various people who had received benefits from the previous administration were busy.

"We have the strength to meet their challenge."

Asked whether the government would seek a consensus with the GMOA in respect of the SAITM issue, Minister Kiriella said the parliament had been briefed and support was sought from relevant parties, including the GMOA to resolve the matter. The UNPer said that the four-point plan had been presented to parliament subject to the judgment of the Court of Appeal and the subsequent appeal made to the Supreme Court by the SLMC (Sri Lanka Medical Council). "We are ready to address the SAITM issue in line with judicial interventions. Unfortunately, the GMOA rejected our proposals, obviously at the behest of its political masters."

The GMOA leadership had quite conveniently forgotten that the SAITM wouldn’t have been a reality if not for the previous government and extraordinary support given by then President Mahinda Rajapaksa, Kiriella said. Could there be anything as ridiculous as the GMOA forming a common front inclusive of the JO loyal to former President Rajapaksa against SAITM, he asked.

The UNP heavyweight emphasized the importance of stakeholders to the issue knowing the specific proposals made by the government. Minister Kiriella said that their proposals were (1) SAITM students who have already passed the final MBBS examination would be given a further period of clinical training in Surgery, Medicine, Gynecology and Obstetrics, Psychiatry and Paediatrics, one month each in duration, at the Homagama and Avissawella hospitals. (2) Subsequent to this training, candidates would undergo a mandatory examination conducted for granting provisional registration under the joint supervision of the SLMC and the University Grant Commission. (3) Ministry of Health would gazette the minimum standards for medical education in Sri Lanka submitted by the SLMC with the approval of AG. (4) Ministry of Health would initiate the proceedings to bring the Neville Fernando Teaching Hospital under the Ministry of Health and continue to run as a teaching hospital.

Alleging that the GMOA functioned as a trade union affiliated to the JO, Minister Kiriella said their overall strategy was meant to cause chaos in every sector at the expense of both legally elected government and people. Kiriella said that the GMOA shouldn’t expect the government to dance to its tune and thereby give political advantage to the JO.

The Minister flayed the GMOA for rejecting government proposals even without discussing them with relevant parties. An irate Kiriella said that the GMOA should realize that it couldn’t enjoy special status as a trade union. The SAITM dispute or whatever the GMOA and those backing the campaign had chosen to call it, couldn’t be allowed to cause turmoil, Kiriella said, adding that the government was willing to discuss solutions on the basis of the four-point plan.

"We’ll not succumb to GMOA’s tactics", he said.

The Kandy District MP said the government was planning to introduce Quality Assurance Bill soon to ensure proper monitoring of state as well as private educational institutions. Declaring that the project had received the World Bank backing, Minister Kiriella said that the GMOA couldn’t be unaware of the fact that the country required substantial public sector investments in the higher educational sector.

Having recognized the urgent need for sufficient public sector investments, the previous government paved the way for SAITM, Minister Kiriella said, underscoring the fact that the project got underway in the tail end of President Rajapaksa’s first term.

The Rajapaksa administration threw its weight behind SAITM though the JO now propagated lies, Minister Kiriella said. Having established SAITM in 2008, its management received from the University Grants Commission (UGC) right to award degrees in 2013, Minister Kiriella said. The minister recalled the circumstances under which the former President facilitated Rs 600 mn loan to SAITM. "We are not complaining about support given to the SAITM. The Issue is why one opposed a project once fully supported", Minister Kiriella said.

The UNPer asserted that it was certainly not fair by those who had to suffer as a result of the GMOA crippling hospitals for political reasons. The Minister acknowledged that further trade union action was likely after Sinhala and Tamil New Year period.

The probe into the alleged child murder at Matara hospital due to neglect of doctors turns jocular !

(Lanka-e-News - 12.April.2017, 7.25)  The parents of three and half years old Vethuja Dilen Siththaru of Hinnetiya , Matara who died most tragically three and half hours after admission to Matara General hospital due to the wicked negligence and indifference of hospital doctors and staff , handed over a petition on the 11 th to Hospital Director Malkanthi Mediwaka  demanding a transparent and just investigation into this  death .

The child was admitted to Matara hospital with fever , but because no treatment was given to the child in the hospital , and finally as a result of  a wrong injection being  administered after the child developed convulsive fits due to fever , the  child died.    

The parents of Siththaru who arrived at the hospital along with a crowd in a number of vehicles in the morning carrying placards and white flags , went to the official cubicle of the Director along with high ranking  officers of Matara police and handed over the petition. The  Director had said , an investigation will be conducted with a team of doctors of the Matara hospital itself.  The parents have agreed reportedly .

It is an indisputable fact such an investigation can never be impartial ,and it is analogous to  asking the mother of the crook of the robbed  article to investigate . An investigation conducted by a team of the same hospital can never be impartial because the doctors will not expose the faults and negligence of their  colleagues (comrade doctors ).

Moreover , Malkanthi is a director best known for worst corruption . This director who had won ‘trophies’ for corruption during the brutal,  corrupt and crooked Rajapakse era is earnestly waiting for the day the Rajapakses will re capture power so that she can ‘adorn’ her desk  with more ‘corruption awards’ . She is so viciously and venomously pro Rajapakse that she has not attended   even a single Matara district  development meeting , since the advent of good governance government. 

Though she said  emergency cases will be given medical treatment on the day doctors struck work on the 7 th, what she did on the contrary was ,closed the hospital gates and precluded the patients from entering the hospital.  The hospital security detail was instructed not to take anyone inside the hospital .

Malkanthi even on the 11 th kept all the gates of the hospital closed except the front main gates , and beefed up the police security detail. The ordinary visitors to the hospital were frisked severely as though the visitors were trying to  enter the camp of the forces. The public were therefore most harassed and embarrassed. 

If an impartial investigation is to be expected into the negligence and callousness of the hospital staff , surely that must be conducted by the health  ministry . If not treating this ‘killing’ as criminal , the investigations should be entrusted to the police to probe into the criminalities of the ruthless murderous  medical staff . 

If the parents wish to know the answers to the crucial questions : At what time was treatment ought to be administered to the child was actually given ? What was that treatment?  Who  administered it  ?  Who neglected it ? they can leaving aside the investigation of the corrupt hospital director , have recourse to the right to information . The parents are entitled  to these rights even now. 

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by     (2017-04-12 14:07:21)