The Northern Desalination Project & Abusing The People Of Maruthankerny

By Purujoththaman Thangamayl –April 26, 2017

Purujoththaman Thangamayl

It was announced last week that the desalination project (converting sea water into drinking water) to be undertaken in Maruthankerny would be shelved after it came to light through scientific assessment that the project would cause harm to the environment and to the livelihood of the fishermen of the area.

A meeting was held on the 18^th of April regarding this desalination project at the Jaffna District Secretariat. This meeting headed by the District Secretary Mr. Nagalingam Vethanayahan, was attended by representatives of the Vadamaradchi East Fishermen’s Cooperative Association, the Vadamaradchi East Development Organisation, the Vadamaradchi East University Students Forum,  Member of Parliament Mr. M.A. Sumanthiran,  and Northern Provincial Councillor S. Sukirthan. Dr. K. Arulanandam, Director of National Aquatic Resources Research and Development Agency (NARA) who conducted the scientific assessment on this desalination project also participated at the meeting.

Dr. K. Arulanandam submitted his findings of his 1.5 years of research on this project. After his submission, the representatives of the Vadamarachi East organisations put forward their doubts regarding the project in the form of questions. Since no proper answers were given to those questions and because the research showed that the negatives were proportionately higher it was announced that this project would be shelved. This announcement was made to the media by parliamentarian Mr. M.A. Sumanthiran at the end of the said meeting. The Jaffna District Secretary was at his side when this announcement was made. Therefore, it may be considered a somewhat official announcement.

But what happened afterwards? Dr. K. Arulanandam, immediately on the very next day (April 19^th), held a press conference at the Jaffna Press Club and announced that there is no harm that would be caused by the planned desalination project in Maruthankerny and that especially there would be no adverse effects on the environment. But, he kept silent about the fact that the said project was shelved mainly due to his incapability to properly respond to the questions directed at him about the research findings at the meeting held the previous day.

Following these two meetings with the media, there have been two kinds of issues regarding the desalination project raised amongst the public and being blown out of proportion. Firstly, it is being said that the people of Vadamaradchi East are being an obstacle to the efforts being taken to bring drinking water to the people who are suffering due to inadequate water supply. Secondly, is the view taken by those who are politically opposed to Mr. Sumanthiran who are intent on taking revenge on him by using this opportunity.

It is unfortunate that neither the media, nor civil society groups, Tamil National political parties or experts in the required field are unwilling to research in depth on the initiation of this proposed desalination plant in Maruthankerny and its current status. It is being handled in a slippery manner. In such a situation, certain persons are intent on portraying the quest for justice by the people of Vadamarachy East on this issue as a sort of ‘ugly revolt’ to the majority people of the North. If one considers the issues in depth and the actual truth on this matter, one will understand the justness in the requests made by these innocent people. That would necessitate making decisions in their favour. It is a fear of this that is behind the refusal of most people to talk about this issue.  This is an expression of a dominant mind-set which refuses to understand the plight of these innocent people.

The desalination project was put forward by the Northern Provincial Council almost 2.5 years ago as a solution to end the water crisis in the Jaffna and Kilinochchi Districts. This desalination idea came to the forefront as a result of the objections raised by the Kilinochchi District Agricultural and other organisations to the plan to obtain drinking water from the Iranamadu tank. All of a sudden, it was announced that a desalination plant would be built in the Thalaiyadi area of Maruthankerny, Vadamaradchi East.

Usually, when projects which may impact on the environment are undertaken, there should be a step by step research process which considers the pros and cons of the project and this should be submitted in report format and publicised. In proposing the project, the people of the area should be first consulted and their questions answered, doubts clarified and only after their consent is received should such a project go ahead.  That is basic ethics. But, with regard to the Maruthankerny desalination project, the people of the area were unaware of it till the announcement was suddenly dropped upon them. A group of people were suddenly imposed with a project for which they were not given any pre-warning. It is only at this point of great disappointment that they prepared to protest this move.

These protests were not in contravention of any moral obligations. They came to this conclusion in the fear that the desalination project was a death knell to their livelihood which almost exclusively depended on the sea. These protests were not against the efforts taken to provide for the people who are suffering due to inadequate drinking water. Instead, these protests were against the decision that is being imposed upon them with a dominating mind-set and without proper research or clarification about the project. These kinds of protests are continuously undertaken by affected communities throughout the world. It was such protests that the people of Vadamarachi East initiated almost 2.5 years ago. At that time, the intention of the Northern Provincial Council and a majority of Jaffna district parliamentarians was to somehow impose this project upon these innocent people. This is what opened the eyes of most of the people of the area.

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International Pressure should be maintained on Government 

2017-04-26 

•  Outcry of Tamil Diaspora understandable
•  People need to understand transitional justice process
•  All allegations against military and LTTE should be investigated 
•  Sudu Nelum movement during CBK’s period changed       public opinion on power devolution within a year 

 Leading Civil Society Activists Dr. Jehan Perera, in an interview with Dailymirror, stresses the need to ensure transitional justice for war victims. Dr. Perera, who is also the Executive Director of the National Peace Council, calls for continued pressure by the international community and civil society on the government to deliver in this regard. He also made representations to Geneva this time. Excerpts:

QAs a civil society activist, what is your opinion on the grant of another two more years for the government to implement the provisions of the 
UNHRC resolution? 

The resolution on Sri Lanka that gave Sri Lanka the additional two years that the government sought to deliver on commitments made 18 months ago. The postponement was necessary as there is no preparedness on the ground. These are necessarily public processes. The discussion has to be taken to the people.   
The extended time frame granted reflects the confidence that the international community reposes in the good faith of the government headed by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe. It also reflects the absence of other viable options with regard to hastening the transitional justice process in Sri Lanka. From a civil society perspective, this is the best time we have. But it is only an opportunity. Our concern is that it is receding opportunity.  
By giving Sri Lanka the two years that the government asked for, the international community has recognized that it is only the Sri Lankan government that can deliver on all of these, and not the international community which can at best play a supportive role.   
The international community and civil society need to ensure that pressure is maintained on the government. Its progress, or lack thereof, in implementing its promises in regard to transitional justice needs to be monitored and constructively critiqued. Instead of seeking to punish the government and withdraw support from it, the government needs to be given more assistance to meet its targets.  

QThere is a major outcry by the Tamil Diaspora groups against the granting of such an extension. How do you see this?

The outcry from the Tamil Diaspora is understandable. As they are out of the country many of them see the international pressure as the most effective. This is the most effective recourse they have. They have no voting power in Sri Lanka to put pressure on the government. The issues for the Tamil people are urgent. For a person whose child is missing, it is urgent to find that child. To be resettled on the land you once lived on with sufficient resources to ensure normalcy is urgent. The continued suffering of those who were victims of the war who have not yet been benefited by the proper implementation of the UNHRC resolution is not acceptable. The victims of the war continue to live in difficult circumstances and often out of the mainstream of life, struggling to survive without viable livelihood opportunities while being burdened by uncertainty about the fate of their missing family members.   

QThe implementation of the provisions of the resolution, particularly the move to set up a judicial mechanism , is bound to be met with public resistance. In that context, how feasible is the implementation process?

The problem today is that the entire reconciliation process is being held hostage to the pursuit of accountability for war crimes. Transitional justice and ensuring reconciliation is not only about accountability, it includes truth seeking, reparations and institutional reforms. The experience of other countries shows that ensuring accountability is a lengthy process often taking several decades.   
Accountability is important for the future. Those entrusted with state authority must know that they can never abuse state power and get away with it. There needs to be widespread support generated amongst the people for this position. They will be the beneficiaries.  
 There is also a need to help the people to understand the need for the larger transitional justice process which is not only about accountability, but also about compensation and institutional reforms, and that it is about taking the country to an irreversible situation of sustainable peace. This will take time, but it is possible. An example is the Sudu Nelum movement during the period of President Chandrika Kumaratunga. In a matter of a year they were able to change public opinion on the issue of devolution of power.   

Q There is a different world situation with the Trump presidency in the United States of America. As such, how long can those interested in Sri Lanka’s issue sustain the international support to the Geneva process?

The United States may be the most important actor but it is only one actor in the international community. President Donald Trump may ensure that US accountability is less, but it is less sure that the US will let go of its traditional role in upholding international human rights standards. Where the resolution on the Sri Lanka was concerned the United States has said it was pleased that Sri Lanka had agreed once again to co-sponsor the resolution, and invited like-minded UN members to demonstrate support for reconciliation and peace in Sri Lanka by adding their names to the list of cosponsors. In a statement, the US applauded the government for its continuing efforts to promote reconciliation.  
The international community will continue to insist on adherence to international standards. The reinstating of the Generalized System of Preferences Plus status (GSP+) to Sri Lanka is reportedly in the balance following a report from an European Union delegation that was in the country last week. In their report, to be tabled in the European Parliament on 27 April, they have called on the Commissioner Cecilia Malmstrom to ensure that the Sri Lankan Government strictly implements the commitments put down by the International Labour Organization (ILO) prior to reinstating the trade facility. The report has also touches on shortcomings on the enforcement on other human rights issues, in particular the use of torture, the rights of minorities and the rights of LGBTI people.  

QIn the report by the UN High Commissioner on Human Rights, there are 11 allegations. Out of them eight are against the government military. In your view, how legitimate or illegitimate are they?

At this point these are allegations. They need to be investigated and speculation brought to an end. Otherwise they will continue to hang over the military. This will damage their prospects for international training, UN assignments and even for family visits abroad. There are many allegations against the LTTE that should be investigated too. The need is for a process. It is not just to investigate these 11 allegations. As the process continues there might be a need to investigate more allegations. Those who engage in murder, enforced disappearances, torture and rape, whether in times of war or peace, need to be held accountable. The cycle of impunity needs to be broken.   

Q  How could the military be held to account for civilian deaths in a war zone as there was firing by both sides?

It will be the circumstances and evidence gathered that will determine whether the military was culpable or not. So long as there are no investigations there will continue to be allegations by international human rights organizations and the UN. Sri Lanka needs to get out of this dark cloud.  
However, we need to be mindful that those who were in the military and who commanded the military and ensured victory over the LTTE are seen by many if not most people, in particular most Sinhalese, as war heroes. Instead of emphasizing retributive justice in which the primary remedy is punishment, there could be an alternative in the form of restorative justice. The latter focuses on victims. The most urgent needs of those who suffered during the war is to find out what happened to their missing family members and to have sustainable livelihoods. This is the accountability I would give priority to.   

Q There is public perception that the OMP Act and the proposed law on enforced disappearances contain drastic provisions making way for political and military leaders to be hauled up before an international war crimes tribunal. How do you respond to it?

The primary purpose of the OMP is to enable the families of those who went missing to find out what happened to them. The UNHCR’s resolution has no provision in it for setting up international war crimes tribunals. That is a matter for the UN Security Council, in which China and Russia are members and have pledged to support Sri Lanka. If it is found that those who went missing were killed, there has to be accountability and consequences even within the domestic Sri Lankan system.   
Q How would it help in reconciliation if the military are punished for their conduct of the war?

It is legal in international law to fight a war, and for military personnel to kill one another. It is only if they behave outside of international law, by killing prisoners, raping women and killing civilians that they are liable to be punished. But these are also violations of codes of conduct within the military itself. Holding those who violated the laws of war accountable will build confidence in people that this is a country governed by the Rule of Law and in the equal treatment of all citizens. If a woman gets raped or a loved one is killed, who will not want justice? We need to put ourselves in others’ shoes.

QWhat is your opinion on the government co-sponsoring 
this resolution?

By co-sponsoring the UNHRC resolution the government was able to change an adversarial relationship with the international community into a collaborative one. This is the main reason that Sri Lanka was given an extra two years to implement what it had promised to do.   

Q As a member of civil society who made representations in Geneva; in your view, could the Tamil lobbying groups be satisfied with the current process and action taken so far?

Reform processes have been initiated but the pace of change is slow. It should be speeded up. The experience of transitional justice processes worldwide is that they are slow. There is the ideal and there is reality. We have to progress, but within the framework of what is real.  

QHow do you assess the progress made so far regarding the Constitution making process? 

The govt took two good steps at the outset. It appointed a Public Representatives Committee to meet with people all over the country and ascertain their views on all areas of constitutional reform. This is the first time such a public consultation was called for. Second the government turned the entire parliament into a Constitutional Assembly. But now inertia seems to have set in. The preparation of technical documents took too long and were not sufficiently shared. Constitutional Reform, as much as the reconciliation process, is a public process in which the people need to participate on a continuing basis. The govt needs to go to the people, and to all sectors, including the professionals, religious clergy, security forces and business people, and involve them in the discussion. They all want to know what this all means and they deserve to know.  

PRESIDENT SIRISENA, REVOKE THE GAZETTE NO. 2011/34, DEMANDS CIVIL SOCIETY IN SRI LANKA.

Is this the reward, president Sirisena?

26/04/2017

On 22nd April 2017 , a statement endorsed by 38 civil society organizations and 2,680 individuals requesting his Excellency the President, Maithripala Sirisena to review and revoke the gazette notification no. 2011/34 was sent to the President. The gazette declares 40,030 hectares of land in Musali DS division in the Mannar District as Mavillu forest reserve under 3A of the Forest Conservation Ordinance. As a result of the gazette notification a number of villages in Musali including Karadikkuli, Marichchukatti, Wilaththikulam, Periyamurippu, Mavillu and Weppal will be seriously affected as families risk losing land they have traditionally claimed.

The statement while reiterating the need for a concerted effort to ensure protection of forests, highlights the contents of the gazette notification and the manner in which this gazette was drawn up failing to take into account the rights of people from the area and the history of the issue of land claims. The statement notes that unless corrective action is taken there could be serious repercussions for the Northern Muslims forcibly expelled by the LTTE in 1990 attempting to resettle and rebuild their lives after the brutal war, and have a knock on effect on post-war reconstruction and relations between ethnic minorities and the State. It also highlights a wider problem in the State’s failure to address occupation of land by state agencies including the military and the Forrest Department in the North and East and calls for action to recognize the rights and claims of multiple war-affected communities.

Is this the reward, president Sirisena?

Full text of the statement:

We, the undersigned, appeal to His Excellency the President, Maithripala Sirisena to review and revoke the gazette notification no. 2011/34 declaring vast tracts of traditional lands owned by the people of Musali DS division in the Mannar District as Mavillu forest reserve under 3A of the Forest Conservation Ordinance. As a result of the gazette notification a number of villages in Musali including Karadikkuli, Marichchukatti, Wilaththikulam, Periyamurippu, Mavillu and Weppal will be seriously affected. We appeal on behalf of the people and their right to voice and justice.

We are of the understanding that this gazette was drawn up in response to deforestation and encroachment of the Wilpathu forest reserve. While there has to be a concerted effort to ensure protection of forests, the gazette notification and the manner in which this gazette was drawn up fails to take into account the rights and the history of the issue of land claims. Unless corrective action is taken we fear that there could be serious repercussions for those attempting to resettle and rebuild their lives after the brutal war, and have a knock on effect on post-war reconstruction and relations between ethnic minorities and the State.

The people of Musali (Muslims, Tamils and Sinhalese) have been living in this area for hundreds of years in some instances and decades in others, except for a 30-year absence when most were forced to flee, due to the war, including the Muslims, who were evicted by the LTTE in 1990. They are largely peasant farmers and dependent on a land based economy that includes paddy cultivation and cattle farming. Yet, the recently declared forest boundary denies them access to their residential, agricultural and cattle grazing lands located in the “declared forest area”. In addition to land owned and used by people, additional land that is required for natural growth of the population and livelihood will also be lost.

Under the gazette notification some 40,030 hectares are to be included into the expanded Mavillu Forest Reserve that will bifurcate the Musali division, disconnecting Musali South and Musali North communities, both Muslim and Tamil, that have been historically connected. It creates discrete enclaves of people, isolating them, restricting their mobility and limiting social interaction. The forest boundary goes along the borders of the houses of the people, fencing them in those enclaves and making the human-animal conflict a grave danger to the people, already under great stress. Communities in Musali have been struggling to build their lives, homes, livelihoods and communities but the limited assistance and resources have resulted in severe hardships and low rates of permanent return. Only about 40% of the Musali South displaced have returned, and the current declaration will place a severe stress on the return of the rest of the community and further deter the growth of the community in the region.

The plight of the displaced from and returnees to Musali is on a continuum with the plight of other displaced communities in the region. It is important to note that the competing claims between forest protection and resettlement is not unique to Wilpattu and its northern boundary. Across the North and East there are similar disputes including Karuvepakulam (Othiyamalai, Oddusudan DS, Mullaitivu), Kiran Komari and Vegamam (Pottuvil DS Ampara) and Mailattamadhu Mathavani (Koralaipatttu South Batticaloa) where returning communities find that land they used and claimed has been demarcated as protected areas for forests, sometimes even without the consultation of district level officials responsible for land administration.

The situation in Musali also highlights a larger problem relating to the State’s approach to addressing land issues in the conflict–affected areas. In the post-war context, a number of State agencies, particularly the Military, continue to occupy land that is owned or claimed by civilians. While the Government has released some lands in the North and East, multiple communities in the region cannot reclaim their land and are completely disenchanted by the Government’s approach to land release: from the largely Sinhalese families in Panama (Ampara) and Muslim families in Ashraf Nagar (Ampara) and Silavathurai (Musali) to Tamil communities across the North (not limited to Mullikulam in Musali), such as Telipallai in Jaffna and Kepappulavu in Mullaitivu. The continuing occupation and claiming of land by multiple State agencies fuels fears, particularly of minority communities, that the State is seeking to dispossess multiple communities of their lands.

The manner in which land issues have been dealt with also raises grave questions about the adherence of the Government to its own National Policy on Durable Solutions for Conflict Affected Persons which was approved by the Cabinet in June 2016. In Section VII.2 the policy clearly identifies the problem of state actors including the Forest and Wildlife Departments gazetting lands without consultations of district level actors and local communities and a process to review and to adopt a transparent and consultative process to resolve individual disputes. We call for the immediate implementation of a National Policy on Durable Solutions for Conflict Affected Persons.

While the problem of displacement appears to be largely resolved, the situation on the ground is that many who were displaced and have returned or are living elsewhere are yet to find durable solutions. We demand that the President look upon this as a historical need and address the concerns of the people of Musali without delay, and in a just manner, by revoking gazette notification 2011/34 of March 2017 immediately, fixing the Musali south boundaries as per the 1992 divisional secretariat mapping and demarcating the forest based on public consultation.

For signatories: Final Appeal to revoke gazette notification (Musali) with endorsements

Final-Appeal-to-revoke-gazette-notification-Musali-with-endorsements.pdf by Thavam Ratna on Scribd

Sri Lanka: What We Did Not Know About ACJU

Public interest according to numerous prominent scholars of Islamic jurisprudence is ensured by preserving universal values such as justice, freedom, human dignity, equality, life, property, etc.

by Farweez Imamudeen-Apr 26, 2017

( April 25, 2017, Colombo, Sri Lanka Guardian) ACJU’s latest media statement on the Muslim Marriage and Divorce Act (MMDA) does not mention anything about altering their previous position. In other words they are still right. How can they not be? They are the Jammiyathul Ulama – The union of scholars. The statement has changed nothing except to defend their infallible president. Apparently according to the ACJU Rizvi Mufthi’s following statement, “Muslim Marriage and Divorce Act (MMDA) is perfect in its present state”, has been misinterpreted to mean that the MMDA is perfect in its present state.

Sri Lanka What We Did Not Know About ACJU.docx by Thavam Ratna on Scribd

Public fury over massive tax on EPF

By Shamindra Ferdinando-April 26, 2017, 12:00 pm 

A man reading an Inter Company Employees’ Union poster against the moves toimpose a staggering 28 per cent tax on EPF. Pic by Jude Denzil Pathiraja

Former Ceylon Bank Employees Union President and civil society activist Rusiripala Tennakoon yesterday urged the ruling Sirisena-Wickremesinghe coalition and the Joint Opposition to state their position on alleged moves to impose a staggering 28 per cent tax on Employees Provident Fund (EPF).

Pointing out that the JVP, which had worked overtime to oust the Rajapaksa administration, had accused the yahapalana rulers of planning to tax the EPF, Tennakoon said that move had to be condemned, opposed and thwarted.

The trade union activist said that the entire private sector was in a dilemma over the government move and expected a clear statement from it in that regard. Responding to a query, Tennakoon emphasised that all political parties and trade union organizations should address the EPF issue on May Day this year.

President of the Inter-company employees’ union and former MP Wasantha Samarasinghe told The Island that the government was planning to impose a 14 per cent tax on EPF income and 14 per cent withholding tax. Samarasinghe said every effort would be made to thwart government move.

Both Tennakoon and Samarasinghe said that yahapalana rulers should be ashamed of trying to deprive private sector workers of what was legitimately due to them. They pointed out private sector workers weren’t entitled to pensions and were solely dependent on their EPF withdrawals for the rest of their lives after retirement.

Tennakoon flayed the UNP, SLFP and the JO for turning the May Day into a foolish political exercise with each party claiming that it could attract the largest crowd. Tennekoon said that all political parties, including the JVP provided free transport and food to those attending May Day rallies.

Tennakoon said the newly formed National People’s Party (Jathika Mahajana Pakshaya) would hold its May Day meeting at the Red Cross Society hall, Kurunegala. National Organiser of the new political group Tennekoon alleged that major political parties had hijacked the May Day and were working overtime to divert the attention of the public from real issues such as the disgraceful move to tax EPF in the wake of Sri Lanka’s largest fund deprived of an opportunity to function as a primary dealer in the issuance of Central Bank bonds on Feb. 27, 2015. Massive profits earned by primary dealer Perpetual Treasuries now under investigation by a three-member Presidential Commission of Inquiry should be probed, Tennekoon said.

Tennekoon blamed successive governments for not having a clear strategy to manage the EPF though trade unions repeatedly called for efficient and transparent management thereof. He urged those in the government as well as the Opposition to study foreign examples in running such large funds and take tangible measures to provide maximum possible relief to EPF beneficiaries.

Addressing the media at Dr N.M. Perera Center at Cotta Road, Joint Opposition heavyweight Bandula Gunawardena, MP, yesterday said that the grouping was strongly opposed to proposed bid to tax the EPF. The Colombo District MP was responding to a query by The Island whether the JO would oppose the despicable move to tax the EPF.

Gunawardena played down the importance of the EPF issue asserting that there were much bigger issues such as a recent bid to introduce controversial Foreign Exchange Bill in parliament on the sly. The SLFPer said that he on behalf of the JO and two other lawyers had moved the Supreme Court against the proposed Bill. Alleging that an attempt was being made to dilute the powers of the Monetary Board, MP Gunawardena claimed that the challenged Bill was meant to pave the way for funds held by the LTTE rump and other diaspora elements to be brought into the country.

RTI Reveals EPF Investment Details

- Apr 26, 2017

Transparency International Sri Lanka (TISL) has successfully utilised the Right to Information (RTI) Act to request and receive information relating to the policy and investments of the Employees Provident Fund (EPF), from the Central Bank of Sri Lanka.

The Deputy Governor of the Central Bank recently facilitated TISL’s RTI request by releasing information which outlines the criteria used by the EPF to evaluate investment opportunities, and which illustrates the distribution of investments across the EPF portfolio. Moreover, details of annual EPF investments in companies quoted on the Colombo Stock Exchange (CSE), for the five-year period 2012-2016, have also been provided. This information can be viewed here.
 
The release of this information sheds light on an interesting pattern in the annual EPF investments in companies quoted on the CSE from 2012-2016. Whilst Rs. 5 billion, 8.1 billion and 4.8 billion, respectively, were invested in companies on the CSE during the 2012-2014 period, these figures fell dramatically in the following two years. 2015 and 2016 saw investments in companies quoted on the CSE drop to Rs.1.3 billion in both years. This change in investment pattern made by the Central Bank coincides with the change of government in 2015. It is also noteworthy that government investments in listed equities account for only 4% of the total portfolio, while investments in government securities constitute a significant 93% of the portfolio. 
 
The receipt of this information was made possible by the RTI Act which came into effect in Sri Lanka in February 2017. TISL has been a long-time advocate of RTI and the transparency and accountability it generates within institutions of state. As such, TISL has been active in filing multiple public interest RTI requests with a diverse range of public authorities. To view the progress of TISL’s other RTI requests, click here.

Meethotamulla & Corrupt Politicians

By Barbara Seneviratne –April 26, 2017

Barbara Seneviratne

Oh! my heavens how lucky we are to have such conscientious ministers, members of Parliament and C.M.C mayors who suddenly were awakened to the cries of the folks who were victims to be buried alive by the so called loving, faithful, dedicated politicians.

This mountain of garbage at Meethotamulla was deliberately built with no concern for the health hazard it created for the poor but not for the unscrupulous politicians who with the help of the C.M.C. mayors and contractors pocket nearly Rs.8 million a year. It is no wonder that they gave no ear to the people of the area. 

However, let us hope that garbage mountain at the Ginganga in Galle would not face the similar fate as Meethotamulla. This garbage mountain at Ginganga could be seen if one takes a boat along the river towards the Jet wing hotel. It will be another catastrophe and the livelihood of most of the people living close to the river and the garbage mountain is operating boat tours for tourists along the river.

These politicians spend thousands of rupees on spirits and food at elections not for the benefit of those who voted for them but to harvest a larger amount of black money. Another instead reason why they want the old system of provincial councils is because that system would enable them to line their pockets from the funds allocated for the development of village roads, schools and local hospitals which they promise to do but they never do.

Unfortunately we do not get people of the caliber of Lalith Athulathmudalie, T.B Illangaratne, T.B Subasinghe or Anil Moonasinghe as members of Parliament. It is said that 90% of our politicians are uneducated. This was supported by Bandula Gunawardana’s speech and wherein he stated that a family of four could comfortably live on an income of Rs 2000/ per month. The majority of politicians of today are good at collecting their 10% commissions from tenders but lack the ability to propose or deal with any of the outstanding problems of today in the areas of education, health, water and electricity. They hardly have the capacity to visualize or detect what is good or bad for the country, but good at organizing strikes or dashing coconuts on the roads. They are also good at delivering grandiose senseless speeches to hide their disabilities. How can we expect these corrupt, unscrupulous politicians who extort money or sexual favors and who take advantage of the innocent folks to fill their pockets be concerned about the plight of the community. Their behavior in parliament also indicates their disability to be decent, and disciplined.

For decades politicians have not taken garbage dumping issue seriously. The best part is that it is for these politicians that the government gives free rides abroad, duty free luxury vehicles and pension after just for 5 years for behaving like a bull in a china shop. Beside for attending Parliament they get an extra payment. Sri Lanka may be the only country that pampers politicians be they crook or to prevent them from crossing over to other parties or through fear that they will expose the culprits.

 It is time that the President realizes that preaching at all functions will not deliver the goods. The prevalence of political corruption has had a number of consequences. It’s affected the country’s economy to a great extent. It is high time that the government and the President guarantee that corruption in all institutions would be exposed to the public and would instill discipline at all levels.

The president must further ensure that racial discrimination is no longer legitimate under the law and any sign of it that can be fought legally is taken to the courts. He must further take serious action against police manhandling of witnesses and presenting false charges in courts. 

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Ranils own wolf devours his anti corruption bombasts ! Secretary turns saboteur.! FCID is finished and so is good governance !!

(Lanka-e-News - 26.April.2017, 11.00PM)  The main aim and objective of the good governance government which was installed in power following the rainbow revolution of 2015-01-08 was to eradicate frauds and corruption in toto.  Sadly however , Lanka e news is compelled to reveal a most pathetic story  to the civilized people of Sri Lanka  that the office of the prime minister (P.M.) has completely overturned these  targeted goals  and taken steps to extirpate these salutary aims and agendas from its very roots. 

The traitorous satan who is solely and wholly  behind these treacherous and anti national activities militating against the actions taken by the incumbent government so far to stamp out frauds and corruption , and who is playing the key role in these dastardly activities is shockingly none other than Saman Ekanayake , a rascally rapacious wolf in human clothing - the secretary to the P.M.  

The crucial question is , does the P.M. know the deadly , detrimental and deplorable  activities of this devil incarnate  , and pretending not to know? Or does he not truly know?  Lanka e news  of course is still not aware of the true position.

The truth is as follows…

This is how the aims and agendas of the January  8 th 2015 revolution are being subverted and sabotaged…
 
The primary aim and anticipation of the people of the victorious rainbow revolution was  to flush out the crooks and cronies of the corrupt nefarious Rajapakse decade from the  nooks and crannies , and duly punish them .

A group of most  honest independent officers were appointed with the approval of the 12 political parties which contributed to the victory of  the good governance government in connection with this task under the 100 days program of the good governance government .

The ‘Anti corruption Bureau’  was inaugurated at the P.M.’s office, and releasing of grants towards it were under the purview of P.M.’s secretary ,Saman Ekanayake. 

It is following the investigation of the complaints received by the above ‘Anti Corruption  Bureau’ and conducted by its ‘prolific unit’ , the FCID was entrusted with the investigation into the  charges. 

The satanic scoundrel  of a secretary of the PM. , Saman Ekanayake a two legged wolf , the slimy  government officer however began his traitorous activities first and foremost by stopping the most essential  transport allowances due to the ‘Anti Corruption Bureau prolific unit’,  which payments are made by the P.M.’s office that  releases the grants. 

Thereafter , since March all expenditures of that prolific unit were stopped, whereby the operations of the prolific unit ,the heart and nucleus of the Anti corruption Bureau were brought to a grinding  halt completely , which meant the FCID too will naturally be rendered inoperative. In the end investigating corruption and frauds will also necessarily come to a dead end. 

Most unfortunately , this is the situation that prevails now. It is significant to note , all the officers of the prolific unit of the Anti Corruption Bureau are absolutely committed to their tasks , and are dedicated to serving the country with honesty unlike wolves in human clothing and traitorous slimy scoundrels . In fact those officers do not even claim the super luxury vehicle allowances etc.  payable to State officers . They are therefore true patriots as opposed to traitors posing  as  state officers while sabotaging and subverting whatever good the good governance government is striving to do on behalf of the people .

Now , the Anti Corruption Bureau prolific unit is no more ! Therefore the FCID too has absolutely nothing to do. They have to spend their time smoking , drinking tea and plucking flowers. The corrupt and the crooks of course will continue to drink ‘gold’ from silver goblets , while the people are  deluded and led down the garden path, as long as Satan Ekanayake  holds sway. 

It is a  matter for shock and surprise if Ranil Wickremesinghe P.M. is not aware  that his secretary Saman Ekanayake alias Satan Ekanayake  is a wolf and traitor even after his engaging in all these rascally activities  under the P.M.’s  very nose . 

In any event , the rascally , satanic  and sabotage activities of  State officer Saman Ekanayake  who has by now proved beyond any doubt he is a two in one devil incarnate – ‘slimy wolf cum  Satan’  have not seen the end . Hence , Lanka e news will continue to  reveal more about this devil incarnate in the future.
    

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by     (2017-04-26 17:37:36)

India Nips at China's Heels in Race to Collect Lanka Port Assets

by Iain Marlow and Saket Sundria-April 25, 2017, 5:00 PM EDT

• Unit of India state-owned firm may fund oil storage facility
• Move comes as Sri Lanka’s Prime Minister visits India

India is looking to invest in a colonial-era Sri Lankan oil-storage facility as it seeks to further its naval interests in the Indian Ocean and push China back in the process.

A unit of state-owned Indian Oil Corp., the country’s largest refiner, is set to help fund the $350 million development of an 84-tank facility at the strategically located Trincomalee port on Sri Lanka’s east coast. India and Sri Lanka are also discussing setting up a refinery in the island nation, according to Shyam Bohra, managing director of Indian Oil’s subsidiary Lanka IOC.

The talks come before a meeting Wednesday between Indian Prime Minister Narendra Modi and Sri Lankan Prime Minister Ranil Wickremesinghe in New Delhi. Modi is also due to visit Sri Lanka next month.

Still, India’s interests in the Sri Lankan port are probably more strategic than economic, part of its effort to displace hefty investment coming into the country from China and preserving a key gateway to the Indian Ocean. China is expanding both militarily and economically in the region, and its submarines have docked previously in Colombo.

Analysts cautioned that India has been slow to make big investments in Trincomalee for decades, partly because New Delhi is content with a small base that keeps adversaries out. There’s also no business case for a third major port in the South Asian country of 20 million people, they said.

‘Military Purposes’

"The biggest Indian strategic concern is that no one else uses that harbor for military purposes," said David Brewster, a senior research fellow with the Australian National University’s National Security College. "And once it has a foothold, there’s a much more difficult question of whether it will make significant investments."

The port at Trincomalee and its oil storage tanks was built by the British when Sri Lanka was a colony and was used as a regional base for the Royal Navy. Fifteen tanks are operational, each with a capacity of 12 million liters, or about 75,500 barrels. A further 84 are slated to be renovated, bringing the total capacity to almost 7.5 million barrels. By comparison, the Asian oil trading hub of Singapore has about 63 million barrels of independent storage.

Lanka IOC is managing the 15 tanks and a lubricant blending unit. The governments of India and Sri Lanka have agreed in-principle to jointly develop part of the tank farm, Bohra said, adding details are "yet to be finalized."

The Sri Lankan government has suggested that Lanka IOC retain 74 of the 84 reconstructed tanks through an equal joint venture with Ceylon Petroleum Corp., Chandima Weerakkody, Sri Lanka’s minister of petroleum resources development, said by phone. The other 10 would be handed back to Ceylon Petroleum, he said.

Bohra also said Lanka IOC is open to joint development of the tank farm.

"Something should definitely happen because we are very keen to see to it that the facility is developed,"
Weerakkody said. However, the minister compared India’s investments unfavorably to China’s. "India should expedite their projects that they engage in," he said. "Chinese investments, they are pretty quick."

India’s foreign ministry was not immediately available for comment. If India’s investments materialize, the historic but relatively obscure port could become a hub for New Delhi, whose navy must go around Sri Lanka as it crosses from ports on India’s west coast in the Arabian Sea to those on the east coast in the Bay of Bengal.

But New Delhi’s plans would almost certainly be worth far less than Beijing’s ambitious infrastructure-building in Sri Lanka. China has already built a port at Hambantota in Sri Lanka’s south in a move that alarmed Indian observers.

Beijing has also invested heavily in Gwadar, a port in Pakistan that serves as the terminus of the China-Pakistan Economic Corridor. Meanwhile, India is making slow progress on a nearby port at Chabahar in Iran, which could one day allow Indian goods to reach Afghanistan by rail.

Sri Lanka does not want any Indian Oil investment in its existing refinery at Sapugaskanda, close to Colombo, which processes 50,000 barrels a day for domestic consumption, Weerakkody said, adding the company is welcome to set up a refinery for exports. Sri Lanka plans to double the capacity of the refinery.

Geopolitical Priorities

Analysts said Sri Lanka doesn’t need any more ports, and that India’s geopolitical interest in Trincomalee far outweighs any commercial interests.

The main port in Colombo is already a major trans-shipment route for large vessels, whose goods are unloaded, put on smaller ships and sent to Indian ports, said Manoj Joshi, a distinguished fellow at the New Delhi-based Observer Research Foundation.

Even Hambantota is not viable as a commercial operation, Joshi said, noting China is developing a special economic zone surrounding the port to boost business.

"It’s a tribute to Indian incompetence and Indian inefficiency that goods are trans-shipped in Sri Lanka," Joshi said, noting that developing Trincomalee might actually create competition for developing Indian ports such as Chennai.

Justice For The Dogs Killed In J’Pura University: A Legal Perspective

By Kithmini Avirippola –April 26, 2017

Kithmini Avirippola

The Issue of animal welfare has been one that has been brought to attention over the last week due to the missing dogs of the University of Jayewardenepura. It is alleged that t he the dogs of the university were killed/dumped by a contracted company titled “Ultrakill”, under the instructions of the Vice Chancellor of the university. Much attention has been received to this incident due to the questionable legality of the actions that were allegedly taken by the two Parties mentioned. And it remains needed to be clarified whether the two parties have gotten rid of the dogs, had acted within authority in getting rid of the dogs.

It further questions whether the removal of dogs from public places is the suitable method to address concerns relating to communal dogs and stressed the need to raise awareness on the efficiency and effectiveness of existing legal frameworks on preventing cruelty to animals, and amendments to laws related to communal dogs.

Registration of Dogs Ordinance

“Registration of Dogs Ordinance” No 25 of 1901 as amended by No 20 of 1915, 03 of 1920, 21 0f 1921, 26 of 1938, 61 of 1939, 12 of 1945, 23 of 1946, 19 of 1947 and 60 of 1961 provides that authority to seize stray dogs vests upon the “proper authority”.

According to Section 2 of the Ordinance on interpretation, “proper authority” has been interpreted as, “….the Mayor and Chairman of the Municipal Council, Urban Council or Town Council of any town or any chairman of Village Councils which operates under the Village Ordinance or any government agent or any person duly authorized by him/her in writing”. Given this definition, the question that needs to be raised is on how the decision making power could have been vested in the Vice Chancellor if he was not authorised by the Mayor and the Chairman of the Municipal Council, Urban Council or Town Council.

As per Section 10(2) of the Ordinance, the final decision on what action should be taken to the dogs whose owners have not either paid the reasonable expenses incurred or has not claimed the dog within the given time period is further vested upon the “proper authority”. This asserts the illegal nature of the act committed by the Vice Chancellor as well as the Private pest control company because on one hand the ordinance is clear as to the procedure to be followed if dogs are seized where the authority to seize and detain the dogs vests upon the “proper authority” and on the other hand as it is stated in the Section 10 (1) of the Ordinance which explain the procedure to be followed,  which states that “Every dog so seized shall be detained in some proper place and be there kept for such period not less than three days from the date of such seizure”. Furthermore it states that, “….as the proper Authority may think expedient where the owner or other person who had charge of the dog is known, the proper authority shall cause notice to be given to either of them of the seizure and detention of the dog”.

The power of the two parties to perform the removal of the dogs could be challenged if they are not brought within the definition of “proper authority”.Hence, if there required authority has not been vested in these two parties through due process, actions of both the Vice Chancellor and the pest control company would not be justifiable under the Registration of Dogs Ordinance of Sri Lanka.

Rabies Ordinance

Secondly, in demonstrating the illegal nature of the acts of both the parties, Rabies Ordinance No 7 of 1893 as amended by No 7 of 1906, 24 of 1921, 6 of 1929, 17 of 1930, 16 of 1934, 61 of 1939, 13 of 1941, 23 of 1946, 29 of 1947, 22 of 1955, 23 of 1956 can be taken into consideration. Similar to the Registration of Dogs Ordinance, Section 04 of the Rabies Ordinance of Sri Lanka clearly states that local authorities have the jurisdiction to seize any stray dog whereas the Section 4(a) states the procedure to be followed in case where dogs have been seized.

According to the Section 4(a), if the seized dogs are not identified as diseased or suspected, the respective local authority shall detain the dogs at a proper place for a period which they think expedient. Moreover, the Section 4(b) clearly states the procedure to be followed where the seized dogs are unclaimed or where the owner is in charge of the dog or in case of non-payment of the reasonable expenses incurred. In this instance, the local authority has the jurisdiction to decide whether to destroy or dispose the dogs in such manner that the local authority deem expedient.

Additionally, similar to the Dog Registration Ordinance, the Rabies Ordinance provides an interpretation to “local authorities” in the Section 2 of the Ordinance which denotes that, the Mayor of the Municipal Council, the Chairman of the Urban Council or Town Council, a government agent within the limits of the administrative district and outside the limits of a Municipality, Urban Council or Town Council, every police officer and every person duly authorized by the Mayor of the Municipal Council, Urban Council or Town Council fall within the definition of local authority.

Proposed Amendments to Laws on Rabies & Dog Registration

The Cabinet of Ministers on 22^nd March 2017 approved the amendments proposed  to the above mentioned laws by Minister of Provincial Councils and Local Government  Hon. Faizer Mustapha. This includes instructing the Legal Draftsman to amend the above Ordinance to make provisions to increase the fine on owners of stray dogs to 25000/= and the imprisonment for 02 years for violations of the law. The cabinet decision dated 21^st of April 2016 has also approved the need to proceed with drafting a new bill amalgamating both the Registration of Dogs Ordinance and the Rabies Ordinance to suit present day needs.

Although there have been allegations on removing dogs from all public places, the Hon. Minister Faizer Mustapha has stated that the government strategy on the current overpopulation issue of dogs in public places would be a humane mechanism where no animal will be killed.  It has been also pointed out that the Animal Welfare Bill which awaits enactment recognizes the abandoning of animals as an offence which is the main cause for the increase of street dog population with a fine of 20,000/= or a jail term of up to one year or both.

In addition, there has been a welfare committee set up to address issues related to the proposed amalgamation of laws. This was initiated under the guidance of Minister Faizer Mustapha, when he met with Animal Welfare Activists to converse about the stray dog overpopulation issue and the need to take long term and short term solutions to overcome the position.

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