Missing the bus to prosperity: Sri Lanka should now go for comprehensive reforms instead of savouring ‘Small Miracles’

Monday, 5 June 2017

Samaraweera’s commitment to policy reforms

Finance Minister Mangala Samaraweera, lamenting over the country’s missed opportunities in the past due to not making correct decisions at the correct time, has reiterated his commitment to introducing major reforms to facilitate the country’s move to join the rich country club within a few decades.

Missing the bus to prosperity Sri Lanka should now go for comprehensive reforms instead of savouring ‘Smal... by Thavam Ratna on Scribd

BASL to take action

 Websites, tabloids beware

June 4, 2017, 12:00 pm 

The Second Meeting of the Bar Council which was held on 27th of May 2017 under the Chairmanship of Mr. U.R. de Silva PC, made some import decisions with regard to the continuous attack by websites, social media and tabloids of the judiciary of Sri Lanka. This decision was arrived as a result of Mr. Upul Jayasuriya PC, a former President of the Bar Association bringing to the notice of the Bar Council that certain organizations has insulted the Attorney General and they have questioned the propriety of the Attorney General being called "Honourable the Attorney General". They do not know that the Constitution names that position as "Honourable". The Attorney General is the Head of the official Bar. Therefore, we must take corrective action against such derogatory statements. Thereafter, Mr. Geoffrey Alagarathanam, Immediate Past President of the Bar association agreed with Mr. Jayasuriya and said that the Bar Association must initiate action against anyone who ridicules the Attorney General who is a Member of our Association and we have a right to protect him.

Mr. Ali Sabry PC, who is the Dy. President of the Bar Association then intervened and said that "not only the Attorney General what about the ridiculing and mocking of the so called websites continuously? Utterly disparaging remarks have been published mocking the entire judiciary and it is time for the Bar Association to take over these matters and go before the Supreme Court and file action for Contempt of Court."

Mr. Hemantha Warnakulasuriya PC, said that he is "extremely happy that two former Presidents of the BASL have been shaken and woken from their deep slumber and has taken offence against an organization for calling names and ridiculing the Attorney General. This was due to the fact that these remarks were made by an organization against whose President, Mr. Jayausuriya has filed a Contempt case. But, he and his successor were completely silent when the Supreme Court Judges were attacked mercilessly and the web mafia called some of the Lady Judges, prostitutes who lift their skirts to various individuals and the other Judges are bribe takers and thieves. I have consistently brought these matters to the Bar Council and I did not even get a fair hearing. I would recall specifically, two instances. The first instance was where this web mafia called Mr. Anura Kumara a thug who had assaulted a stenographer in his chambers. Without consulting anyone, not even the Ratnapura Bar Association, the former President writes a letter the Chief Justice and complaints about the alleged assault. The Chief Justice taking this letter seriously transferred the High court Judge from Ratnpura to Moneragala. Thereafter, when the CJ found that the complaint was untrue, he was then transferred to Kandy High court. The police has found that the complainant had made a false statement. But the anguish caused to the learned High Court Judge by our President, remains unsolved. The second matter is when I complained that Shiran Gunerathne High Court Judge had been defamed by a tabloid, and that his telephones tapped and emails hacked. The President took the view that no complaint was received. Under his leadership His Executive Committee questioned me whether I have any professional interest or appeared for a party in that case. No inquiry was initiated though the Chief Justice himself has complained to the President. In another instance statements made by the Bar Association with regard to the Gangodawila Magistrate Kanishka Wijeratene appeared in the website long before the letter reached the Chief Justice. There was a sleight hand which had direct connections with the web sites to attack the judiciary. I am happy that BASL headed by you and your forthright Deputy President, has taken serious notice of the manner in which these websites through interested parties try to control the Judiciary. Mr. W. Dayaratne PC, a former President of the Bar Association said when a Supreme court Judge was appointed, the appointment was openly criticized that he was working with the Mahinda Rajapaksa Government. The innuendo was that he was part to the previous regime. But when another Judge appointed by the Private Bar, the Bar Association was silent. The Bar has been politically been compromised and I am happy that the present President and the Deputy President would strive to preserve and protect the judiciary, Members of the Attorney General Department and Members of the Association by this sinister website who are not accountable to anyone".

Mr. U. R de Silva PC, thanked the Members for having brought these matters to the notice of the Bar Council and said he would immediately take steps so that the Judiciary, the Members of the AG’s Department and the Members of the Association will not be insulted by any printed or electronic or online media.

Imports and the ailing Economy

2017-06-05

The recent cabinet reshuffle and the new composition of the Finance Ministry has evoked much anticipation. Will the new Finance Minister, Mangala Samaraweera, succeed in revitalising Sri Lanka’s ailing economy?
Before getting into what the Ministry, under his leadership, may or may not be able to achieve, let us look at where the economy stands. Exactly a year ago, Sri Lanka signed the IMF Extended Fund Facility agreement in June 2016 with stringent conditions for a US$ 1.5 billion loan. However, over the last year the national economy has continued to deteriorate with a widening trade deficit and falling foreign reserves. As some of us have consistently warned, including at the time of the IMF Agreement, neo-liberal policies characterised by the dominance of finance, the market and urban build-out while undermining the rural economy and social welfare services, only aggravate the crisis prone character of the Sri Lankan economy. However, such policies help tycoons and businesses involved in finance, trade and construction,to make windfall profits.
It is not just the flawed analysis of the policymakers and think tanks in Colombo and the problematic economic vision of the Government that is at fault. Rather, it is also the policy prescriptions of the international institutions such as the IMF and the World Bank, serving the interests of global capital that worsen the situation. When countries like Sri Lanka turn to development aid or relief during times of crisis, the policies advocated by international financial institutions and supported by the national elite, often exacerbate the crisis conditions in the economy by pushing for trade liberalisation, financialisation and privatisation. 

"Whether it is the drought or the floods, it is the most marginal sections of our society that are worst hit by such natural disasters. The structure of our state, society and economy, lead to their continuing travails as they live in the most vulnerable locations."

From Budget to Budget, even as funds for state services have been cut, managing external finances of the country has not got any easier. After the war, the Rajapaksa regime bubbled up the economy through growth driven by debt-led construction, when global capital flowed into developing countries after the global economic crisis of 2008. The regime opened the country to speculative external financiers and accumulated unsustainable foreign debt. Furthermore, after regime change in 2015, those policies were further expanded by rolling over previous debt with more international loans, even as it became increasingly difficult to borrow in the global markets.
When analysing any economic crisis, the question that always emerges is - for whom? The crisis facing Sri Lanka is two-fold. The Government is trapped by increasing foreign debt and widening trade deficit. The working people in the towns and the countryside, are struggling with increasing costs of living and very less social welfare. They are having to pay high prices for supposedly free services such as education and healthcare.

Government troubles

At the heart of the economic troubles facing the Government are the increasing trade deficit and the falling foreign reserves to pay for the imports. The writing was all over the wall, when this Government came to power in 2015, that the trade deficit was widening and that it could not finance the massive import bill with foreign loans. It does not take a rocket scientist to figure out that imports had to be restricted, but the Government and its ideologues refused to consider restricting imports and idiotically sought further trade liberalisation.
There could be no worse time to expand trade as global trade growth has been declining. Brexit and US trade policies under Trump are powerful manifestations of a world turning protectionist. Contrary to some economists’ claims that trade is well and kicking in Asia, even the Asian powers such as China and India with whom Sri Lanka is eagerly negotiating trade pacts, are greatly contracting imports into their economies. According to data released by the World Trade Organization, between 2012 and 2016, imports into China and India, had fallen from US$ 150 billion to US$ 100 billion and US$ 40 billion to US$ 30 billion, respectively. In other words, there is a tremendous decline in the demand for exports from other countries into China and India. This shift in trade flows is also a major cause for falling exports from Sri Lanka, and the obvious and most crucial response ought to be restricting imports, but that is taboo for the neo-liberals, as they believe markets forces, balancing the budget and ending corruption will fix the economy.
The IMF blames the budget deficit for Sri Lanka’s economic woes. Of course, the tremendously low tax revenues amounting to just 12.4% of GDP have to go up, as the wealthier classes get away with paying little in the form of direct taxes and much of the tax burden is on the working people in the form of VAT. But successive Budgets have only sought to decrease government expenditure, which compared to most other countries is already low. Furthermore, no amount of reducing Government expenditure which is 19.7% of the GDP is going to address the foreign exchange problems which is mainly due to foreign imports for private consumption, including luxury items for the rich.
In any event, crises have a way of giving governments a bitter reality check, and taboo or not, the Government has finally accepted that imports have to be restricted. Hopefully, this will also prick the pipe dreams of the neo-liberal ideologues about Sri Lanka fast becoming the next Singapore through an international financial centre. That will only subject Sri Lanka to further risks of speculative financial crises. For the millions of working people even everyday survival has become a serious concern while the rich wax eloquently about Singapore.

Rural vengeance

There is a common refrain by neo-liberal ideologues that dismisses agriculture and fisheries, claiming that 30% of the population produces just 10% of the GDP. They claim there is no future for such an unproductive rural sector. The question, however, is whether that 30% of the population gets even 10% of the share of GDP for their agricultural and fish work? They only get a fraction of the value they have produced, as the traders, the financial institutions and loan sharks siphon off their earnings.

"The Government is trapped by increasing foreign debt and widening trade deficit. The working people in the towns and the countryside, are struggling with increasing costs of living and very less social welfare."

 Therefore, a major problem is the lack of redistribution, leading to massive inequalities.
Next, many of these agricultural households are involved in multiple economic activities, including in rural and urban services, migrant urban work and foreign employment. However, their economic life with such diversified income sources depends on them being able to fall back on agricultural production. A woman working in the exploitative garment sector can only do such work for a decade or less before she burns-out, similarly migrant work in the Middle East is also for a limited period. Therefore, even for our export and foreign exchange earning workers, the agricultural sector remains the important economic base.
For the thick headed economists the rural economy remained insignificant until the drought hit the economy head on. It was when agricultural production contracted that they realized it was crippling their economic growth forecasts. According to the Central Bank, agricultural production during the last quarter of 2016 has declined by 8.4%. Moreover, what is not produced by our agricultural sector due to the drought has to be imported expending valuable foreign exchange, which according to the Central Bank is going to amount to an addition US$ 800 million this year.
If we ignore the ideological pronouncements of the economists and look at the import bill, it looks like this. In 2016, Sri Lanka’s exports were US$ 10.3 billion, but imports were US$ 19.4 billion.  Furthermore, of this amount as much as US$ 1.6 billion is for food and beverages, excluding the US$ 250 million in wheat and maize imports. Sri Lanka imports US$ 490 million on paper and paper boards. It begs the question, why are there no efforts to substitute such imports with local production?

Re-thinking policies

Whether it is the drought or the floods, it is the marginal sections of our society that are worst hit by such natural disasters. The structure of our state, society and economy, lead to their continuing travails as they live in the most vulnerable locations. Climate change we know is a reality, and the increasing incidence of droughts and floods are a given, but what investment is the Government making to guard the vulnerable sections of our society and the rural economy, against such repeated disasters?When state policies continue to neglect the rural and urban poor, from their economic activities to their living conditions, they have no choice but to resort to protests.
In this scenario, can we be dewy-eyed about the new leadership in the Finance Ministry? Will Minister Samaraweera be able to bring about any fundamental shift in policy?
While there finally seems to be recognition of the importance of restricting imports and increasing agricultural production, on the larger policies of trade liberalisation, financialisation and privatisation, there is no shift. Continuing with the neo-liberal economic policy trajectory will inevitably result in a deep economic crisis, where state assets accumulated over decades will be sold to pay off foreign loans and the large import bill. But that will only further ruin the economic life of the citizenry as they get ripped off by private services.Will the Government at least now rethink its policies?

Sri Lanka human rights panel urges Maithripala Sirisena to tackle hate crimes against Muslims

The commission has urged the president “to take all the necessary actions against the instigators and perpetrators of violence and hate speech targeting the Muslim community”.

 June 2, 2017

The commission has urged the president "to take all the necessary actions against the instigators and perpetrators of violence and hate speech targeting the Muslim community".

An independent human rights watchdog has urged Sri Lanka President Maithripala Sirisena to tackle the alleged hate crime attacks from Buddhist extremist groups targeting the country’s minority Muslim community. In a letter to Sirisena, the Human Rights Commission asked the government to fully implement the rule of law to bring the perpetrators of racial hatred to book.

The commission has urged the president “to take all the necessary actions against the instigators and perpetrators of violence and hate speech targeting the Muslim community”. Envoys of many countries, including Australia and Canada, have visited a prominent mosque here to express their solidarity with the country’s Muslims who allege that their religious places have come under hate crime attacks from Buddhist extremist groups.

The Muslim community has been disturbed by an escalation of attacks against them since mid April. Several places of religious practice and Muslim-owned businesses have been attacked, the commission said as it also complained of police inaction in tackling the situation. The commission said that it has been alarmed by the racial hatred and hate speech targeting Muslims.

Police have been criticised for not arresting a Buddhist monk who heads an extremist group, ‘Bodu Bala Sena’ or the Forces of Buddhist power. The Muslims have lodged dozens of complaints against Rev Galagodaatte Gnanasara for hate speech against the community. Police, despite a court order which prevents him from fleeing the country, have failed to arrest him so far.

All the President’s (racist) men!

​In an unprecedented show of solidarity with the Muslim community, the Ambassadors of the European Union headed by its Chief, Ambassador Tung Lai Marque and like-minded top diplomats and Heads of Missions from Australia, Canada, United Kingdom, Turkey, Japan, USA and South Africa visited the Devatagaha Mosque in Colombo and expressed their strong condemnation and disappointment at the inaction of the Government to prosecute hate mongering and violence by some Buddhist extremists against a minority community, attacking their mosques and setting fire to their businesses

Monday, 5 June 2017

Rumours abound that President Sirisena’s men have saved the violent racist monk Ven. Galagoda Aththe Gnanasara Thero from the clutches of the law. 

Four police teams were deployed on the orders of the Law and Order Minister Sagala Ratnayake to search and arrest the fugitive monk. Many believe that a top VIP provided the safe house for the Venerable Thero to hide in when numerous police teams were deployed to bring him to justice. This has severely demoralised the Police and the credibility of the Inspector General of Police is in question.

Did the President know about the VIP conspiracy to save the venerable Thero from imprisonment? The President himself has softened his stand of stern action against hate speech prior to his Australian tour, to a need for discussion and compromise when it comes to religious conflict. It is unfortunate that almost all of President Sirisena’s decisions on hate mongering seem to waver from time to time.

Is the President worried about the people power of Venerable Galagoda Aththe Gnanasra Thero who contested the last general election and harnessed a mere 27,000 votes island wide when he received 6,217, 162 votes at the January 2015?

But wait! Was the Thero’s arrest ordered for hate speech in the first instance? Was not the wanted for contempt of Court? Many in the legal fraternity too have questioned the independence of the Judiciary when the Court of Appeal accepted a Counsel’s submission that Ven. Gnanasara Thero was indisposed on 24 May even without a medical certificate from a recognised medical professional or hospital.

The contempt of Court case came up before a bench comprising Justices Rohini Walgama (CA President) and S. Thurairaja. The Court directed Counsel Anusha Perusinghe, who appeared for Ven. Gnanasara Thero, to produce him on the next date with a medical certificate. Will a lesser mortal be allowed to go scot-free without even a medical certificate in the Court of Appeal? Just only the day before, Ven Gnanasara Thero was spearheading the hate campaign against Muslims, in the best of health. 

What is even worse is that there was no warrant issued even when he failed to appear on 31 May. The Counsel submitted that Ven. Gnansara Thero was hospitalised. Was the Court provided evidence of his hospitalisation or a valid medical certificate? Unless and until transparency is maintained, the independence of the Judiciary would be questioned and the independent commissions set up by Yahapalanaya would be another farce?  

In another travesty of justice a motion on Cancellation of bail of Don Prasad was not considered on 3 June. A lengthy legal submission was made under Sec 14 (1) ii,ii, & iii of Bail Act No. 30 of 1997 to cancel the bail granted to Don Prasad at the MC Fort Case B/3720/16 citing three  complaints of breach. Surprisingly, Police informed courts that they were unaware of any complaint against Don Prasad. Notices were given to the Police with copy of complaint prior to the case. 

The Hon. Judge directed the Police to investigate into complaints made and whether the suspect has engaged in similar offences and to report to Courts under Sec 14 (1) of Bail Act to take appropriate action. Justice and Rule of Law for Muslims seem to be very so difficult to reach. Will a complaint to the Police Commission on Police irresponsibility help? The much-hyped independent commissions carry serious questions of credibility; will the Police Commission be more credible than the police officers who misled the Court claiming that there were no complaints?

In an unprecedented show of solidarity with the Muslim community, the Ambassadors of the European Union headed by its Chief, Ambassador Tung Lai Marque and like-minded top diplomats and Heads of Missions from Australia, Canada, United Kingdom, Turkey, Japan, USA and South Africa visited the Devatagaha Mosque in Colombo and expressed their strong condemnation and disappointment at the inaction of the Government to prosecute hate mongering and violence by some Buddhist extremists against a minority community, attacking their mosques and setting fire to their businesses. They called for freedom of religion and rule of law to be respected. There have been over 34 acts of violence against the Muslim community and more than double that figure against the Evangelical Christians this year, where law enforcement has not prevailed during this year; No arrests have been made despite ample evidence.

The international community’s strong condemnation has come as a shock to the Government. Earlier, the US Ambassador, High Commissioner of the UK and the United Nations expressed their disapproval of the Government’s handling of the racist campaign by extremist Buddhist elements.

Alan Keenan in his tweet posts: “To my knowledge this public diplomatic intervention is unprecedented in Sri Lanka. Unnecessary if Government enforced the law.” Keenan is International Crisis Group’s (ICG) Sri Lanka Senior Analyst based in London. He coordinates and contributes to the organisation’s research, publications, and advocacy on Sri Lanka. 

The European Council approved granting the Generalised System of Preferences Plus (GSP+) tariff concession to Sri Lanka last month allowing our nation to export its products tax-free to the European market. It was granted as Sri Lanka ratified and implemented measures contained in a number of international conventions on human and labour rights, environment protection and good governance. Like all other GSP+ beneficiaries, Sri Lanka committed to maintain its ratification and effective implementation of the 27 conventions when it applied for the scheme. Will the current wave of Buddhist extremism have any impact on the newfound relief for the Yahapalanaya Government?

Sri Lanka lost the GSP plus concessions during the regime of Mahinda Rajapaksa when it was denied preferential access to the EU market on 15 August 2010. The decision to withdraw the preferential tariff system GSP+ was taken by the Council of Ministers of the European Union in February 2010 due to the failure of the then Government to adhere to international conventions, which affected at least 30% of our total exports that went to the European Union. If Yahapalanaya is to succeed, and more importantly, if Sri Lanka is to succeed, equality, justice and rule of law has to be established and maintained without fear or favour.

Hate Speech Laws

June 4, 2017, 9:02 pm 

[Excerpts of the opening Remarks made by Prof. S. Ratnajeevan H. Hoole on 2 June 2017 at a training programme for media personnel]

Beverly Hagerdon, Ladies and Gentlemen:

Thank you Beverly for the opportunity to address this August gathering.I also thank Australian Aid and USAID for being our sponsor through the International Federation of Electoral Systems, IFES. Many of our Election Commission’s activities are because of IFES’s largesse. So thank you indeed.

I want merely to say a few words on hate speech because media Ethics guidelines are being considered by the Election Commission. Hate speech is very common in our political context. I will focus on a minority perspective. Sri Lanka is full of hate speech whether over elections or not. We are particularly ignorant of defamation laws and need only to look at web-based discussion pages. India on the other hand is quite strict; perhaps too strict. We must learn from their experience.

Our culture is rather insensitive on hate speech. Take our everyday life. My bicycle repairmen, long dead now, was a mute or speech impaired as we would now say. Although he had a name, he was referred to as Mute (Oomai in Tamil). I never got to know his name. Going to him, we would ask "Is Mute in?" Boys looking for fun would deliberately anger him. He, unable to speak, would scold them in undecipherable sounds, which is what the boys wanted. And that was fun!

The school of a Head Teacher with childhood polio had his school nicknamed as "Crooked School" or Choththip Pallikoodam. He is long dead but the school is even today occasionally referred to by that egregious nickname. We pride ourselves as modern, but are really quite primitive and cruel. These terms like Oomai and Choththi were part of our normal discourse. While they did not widely enter our newspapers, their firm roots in our society show why hate speech in the press is difficult to stamp out.

To take another example, I was present when the candidature of the wife of an LTTE-er was discussed. There was concern that she would bring her politics into the party. Back came the reply: "Do not worry. If we shout at her twice, she will keep quiet." She is today a successful politician although I do not agree with her on many things. The point is that women, given the chance, grow into their shoes.

A lot of hate speech has been written against me. A typically vicious document against me is from [a paper] written when I was VC, Jaffna University; it was no less than an editorial!

Hate speech insults and threatens the targeted group, makes them live in fear or shames them, making them hide who they are. All these ingredients are seen in the paragraph shown. Curiously, it is hate speech by minorities against minorities in their midst. Hate speech is not understood properly and difficult to criminalise when even minorities do not understand the enormity underlying hate speech. [The paper] is jointly published in Canada and the UK, where the laws on hate speech are very strong. However, no prosecution was ever brought against the newspaper. For, who will dare to complain in this vicious system, especially when of minority status?

In hate speech debates, the competing norms have to do with the rights and safety of minorities on the one hand, and the freedom of speech and thought on the other. Hate speech targets people or a group of people based on their race, religion, ethnic origin, sexual orientation, disability, or gender.What is commonly heard of women politicians makes quite obvious why we have only some 5% women in parliament.

Newspapers play a double game sometimes. For example, there was an instance when a black man raped a white woman in the US. The man’s name was something race-neutral like Charles Brown. The public had a right to know that the assailant was black. But, revealing that may cause a race riot. Moreover, making that revelation would make people accuse the newspaper of fomenting trouble. So what did the newspaper do? They did not refer to Charles Brown’s race. Instead, they published his photograph! Now the newspaper could claim responsible reporting.Was that newspaper right in what it did? Or, was it wrong?

In Sri Lanka, however, giving a person’s name is as good as giving his ethnicity. Even long standing Tamil names like Hoole, Warren, Kingsbury, Hemphil, Mann etc. from up my family tree are immediately understood as Tamil Christian. How will we address this problem of blaming an offender’s race, instead of him or her as an individual?

In describing the atrocious treatment of oppressed castes in Sri Lanka, to prove our point, we need to say such and such happened to so and so, a member of an oppressed caste. But, if we cannot mention a person’s caste, how can we show, how can we prove, that there is caste-oppression? In the selection of candidates by parties caste is always a consideration. Can we report it? I have personally been troubled by this issue. I saw exposing the oppression as the greater good, compared to the disservice done in identifying a person as a member of an oppressed caste. I do not have all the right answers. But, you certainly have a lot to think about.

Today, a widely read newspaper in Jaffna calls on all Tamil Christians to convert to Hinduism because the Editor claims Christianity to be alien to Tamils. The Chief Priest of the Nallai Adheenam asked the new VC of Jaffna University at his welcome meeting in Inuvil to make it Hindu. The former Vice Chancellor of University of Jaffna told the UGC Chairman that there was no place for Christians. And the UGC Charman endorsed this atrocious idea. A Chief Minister defending in [a newspaper] interview why he worships a criminal who was convicted of rape and murder in India, explained that Jesus Christ, too, was a condemned criminal! But Jesus never raped or murdered anyone. Many newspapers kept off these stories, doing the public a disservice in suppressing these hate crime stories.

Notice that hate speech always puts down minorities. It is because the majority has the protection of their larger numbers. Minorities rarely will have the guts to say hateful things about the majority. For, if and when they do, they risk getting wiped out.

Minorities are therefore most often the target of hate speech. Hate speech laws, if any, would ostensibly be to protect minorities Yet, I am firmly against laws restricting hate crime. Why is that?

Consider law enforcement here. It is not race neutral. In as simple a matter as speeding tickets, going by my experience plying the A9 , minorities are ticketed the most (at least by proportion). I am driven about regularly. Tamil drivers immediately get down from the car and plead. They carry a small wad of Rs. 100 notes and get away. My Sinhalese drivers remain seated and smile and talk in Sinhalese, mention the Election Commission and are let off.

Driving at 60 kmph 14 km towards Anuradhapura of Puttalam, I was ticketed by a policeman showing a radar reading of 72 kmph. I had to pay a Rs. 1,100 fine because to tell the judge of the crooked cops I would have had to make a few trips to court there. Driving to Galle Road from Marine Drive one night, I found that the one-way sign had fallen off. The Tamil driver in front was ticketed. My Sinhalese driver talked his way out. I can cite several such examples, but need not I think.

Again the lack of prosecution against killers in the northeast is well documented, Gnanasara Thero, who has said unkind things against Muslims, it is reported, is being protected in a Minister’s house while the police claim to look for him.

These should explain why I do not want hate crime laws. Such laws will never protect minorities and at the same time curtail free speech by minorities. Every time I raise difficulties that minorities face, the response is that I am promoting communalism and communal division. Thus, with hate speech laws in place, even the little we get to say will be suppressed.

Moreover, enforcement will be unsymmetric. Strong laws in the hands of nonneutral judges can be misused. For example in the Bible, Jesus Christ says, "I am the way, the truth and the life. No one comes to the Father except through me." Could that last part about no one coming to the Father except through Jesus be interpreted as a hate crime to ban the Bible?

I believe it can be, by a biased judge. Something similar happened to a preacher in Singapore when I was working there. It is clear how hate speech laws can affect freedom of thought and religious freedom with it.

I need not say more, need I? Thank you.

Muslims Should Start Asserting; We Are Equal Citizens; Not ‘Karapincha’!   

By Lukman Harees –JUNE 5, 2017

Lukman Harees

“You fight for your rights when your rights are being denied. When the building is on fire, you don’t stand by and let the building burn down and say we’ll fight the fire another day.” – Richard Gilbert

It is indeed a healthy sign that at least the intellectual sections and civic leadership of the Muslim community in particular are now slowly but surely awakening to the fact that Muslims can no longer afford to live solely on the sympathy and goodwill of the rulers, and further relying on certain political personalities to safeguard or win their rights is just a futile exercise and not a long term solution. This stark reality and their imperative need to lead the community to come out of the ‘victim-minority’ mentality and think and act as equal citizens may well and truly would have been catalysed by the bitter experiences of the replay of the ‘dark days’ of the Post-war MR era , in an increased tempo in recent times, even after a regime change in January 2015  which promised a ‘Yahapalanaya’ and fair treatment to all communities. Perhaps this regime change is proving to be a case of changing the pillow to cure a headache’( to borrow a Sinhala adage). However, how the ‘Presidential candidate’ Sirisena boldly made assertions then to be a leader for all communities and how two years later as ‘President’ appear to be meekly submitting to the diabolical plans of the racist lobby to ‘govern’ the country as they deemed fit, are nothing surprising if only the trends of governance in Post- Independence Sri Lanka are closely studied! 

Muslims/ Moors in their history of more than 1000 years, majority of whom live outside N&E Sri Lanka, have found Sinhala people great and tolerant and have found them much amicable to  live with and there have been no major issues in such regard at the grass-root level. However, many scholars have argued that ironically, the competition among the Sinhala ruling classes, for acquiring state resources and political capital, sadly turned nationalism into the ruling ideology and the state ideology of Sri Lanka, while the rise and institutionalisation of Sinhala-Buddhist nationalism in post-independent Sri Lanka bear much responsibility for today’s ethnic conflicts between the majority Sinhalese state and the minorities. Nira Wickramasinghe, an author in history (2006) says that ‘the three Constitutions of post- independence Sri Lanka, helped demarcate and define a majority from within the citizens pitting them against non- Buddhists and non- Sinhala speaking minority communities…(placing) minorities in a somewhat dependent and subaltern situation’.

B.H. Farmer, a distinguished geographer, ‘Ceylon –A Divided Nation’ in 1963 referring to the times which followed  after Independence, too wrote : ‘’…Since those saddening days of 1958 Ceylon has had its share of trouble…..The truth, though unpalatable may be to some, is simply that nobody unacceptable to the present Sinhalese Buddhist nationalism has any chance of constitutional power in contemporary Ceylon.”. The ‘Mad Monk phenomenon’ (as Journalist C A Chandraprema once put it) being witnessed today is an extension of this strategy. This explains why despite the many historic opportunities, –one at the Independence and one recently after the end of the War – Sri Lankan ruling class appear to be still dishing out the same bag of garbage to the minorities and acting as if they are just ‘Karapincha’ and pawns in their power seeking games. Non implementation of the relevant LLRC recommendations and lack of a coherent strategy to resolve the national ethnic problem even after 8 years of the end to the War under two regimes also prove this point succinctly. Muslims of Sri Lanka in particular, with their traditional commercial mind-set, should therefore cease to be used as pushovers or punch-bags anymore ,relying merely on the magnanimity of the government in power and taking some political leaders as their champions to ensure their survival and progress.         

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Police talks tough on inciting racism

2017-06-04

Strict action would be taken against any individual or group, who incited racism via social media, the Police said today.

The Police said OICs of respective areas would be held responsible if there were such incidents or clashes.

IGP Pujith Jayasundara had instructed OICs, ASPs, Divisional in-Charge Police officers and DIGs across the country to work accordingly in a committed manner to avoid such incidents, a spokesman for the Police said.

The IGP had sent a circular informing all Police officers in this regard, Police said.

He said that they had identified several individuals and groups, who spread and incite hatred among followers various religions, via social media and that the Police had launched an investigation to take strict legal action against them.(Darshana Sanjeewa)

SRI LANKA: SC ORDERS RS. 1M COMPENSATION TO POLICE TORTURE VICTIM

Image: Justice Eva Wanasundera.

By Namini Wijedasa.-04/06/2017

The Supreme Court this week ordered the payment of Rs 1 million in compensation to a man who was tortured by officers of the Bandaragama police station.

A Sub Inspector (SI), Constable, Sergeant and security assistant were personally ordered to pay Rs 125,000 each, to Chaminda Sampath Kumara from Walgama, Welimilla Junction. The State was instructed to pay the petitioner a further Rs 500,000, for and on behalf of the sixth respondent–Officer-in-Charge of Bandaragama police–whom the Court deemed had “totally failed to keep any control over the police officers and/or allowed them to do the wrongful acts, to the extent it was done at the Bandaragama police station”.

Justice Eva Wanasundera, P.C., held in her judgement that the respondents had violated Mr Chaminda Sampath Kumara’s fundamental rights. Justices Upaly Abeyrathne and H.N.J. Perera concurred. “The judgement significantly advances Sri Lanka’s jurisprudence on torture,” said Ermiza Tegal, who, along with Shalomi Daniel, represented the interests of the petitioner. “The Court’s response to the gravity and lasting mental consequences of torture is particularly important.”

“But, it is ironic, that such judgements do not result in prosecution of those guilty of torture,” she stressed.

“While judgments such as these send out a strong signal that torture will not be tolerated, at least by courts, Sri Lanka is far behind in ending impunity for torture and helping survivors recover.”

Sampath Kumara is a 31-year-old labourer with no previous conviction or complaint against him. He states that he was brought to the police station in October 2008, in relation to a complaint of burglary lodged by a woman in the area. Two cases were filed at the Bandaragama Magistrate’s Court but, was acquitted over lack of evidence.

However, Kumara was arrested again in May 2009 and taken to his house by SI Salwatura (first respondent). A search of the home yielded two gold pawning receipts. Kumara was taken to the police station. His clothes were removed, he was assaulted with a club and hosepipe and forced to eat “kochchi miris”. Later, crushed “kochchi miris” juice was poured into his eyes and nose.

Police claimed Kumara was being held on a detention order, but was not produced before a Magistrate even after six days. On May 27, 2009, police took his signature on a blank paper and took him before the Magistrate on housebreaking and theft charges. He pleaded not guilty and was granted bail.

That night, Kumara was hospitalised due to severe body aches and pains arising from the torture he had suffered. The sixth respondent, Charles Wickremesinghe, OIC of Bandaragama police, claims in an affidavit, that the petitioner had not complained to the Magistrate about inhuman treatment. Justice Wanasundera states in her judgement that, anybody tortured at a police station would be scared to complain to the judge “at such a time, when he was at the mercy of the judge and the police, to get bail”.

“If any human being gets tortured by the police at any time, the victim, by that time, has lost confidence of the whole system of justice in the country,” she observed, adding that, such a person would only want to live by getting away from the custody of police for the time being. “He would not be in his proper senses to think what could be done next. He would have suffered mentally and physically inside a cell, without anybody to give him food, drink or medicine or, to save him from the torture he was undergoing, for the period he was within the Police Station in the recent past, for whatever number of hours or days he was tortured,” she says.

“The victim of torture in the hands of the police, who was holding power over him perhaps, would never make up his mind to complain against the police,” the judgment states. “When a human being gets beaten on the body by another holding more power than himself, the first pain is the body pain and the second is the mental pain. I would analyze the mental pain to be much more than the physical pain.”

“The physical damage may be cured with the help of medical professionals and the medicine available at the time and era, when the physical damage is done to a ‘body’, but the mental damage is definitely not something which can be cured that easily,” Justice Wanasundera asserts. “If I were to say that mental pain can never be cured, that is a reality of life. Every time the human being who was subjected to torture of any kind, remembers the same, the mind projects the scenario in front of him. Then the tears and the pain that causes the tears, spring out of this body automatically, and no one could ever say when that horrible feeling would go away. The damage caused mentally, in reality, is therefore permanent for this life.”

Sunday Times

A special high court to conclude bribery, corruption cases within 2 yrs.

Jun 04, 2017

The government has decided to set up a special high court to take up all cases pertaining to the incidents of bribery and corruption that had allegedly taken place during the Mahinda Rajapaksa regime. One of the key election promises given by the present government was punishment for the corrupt. However, not a single case has so far been concluded. Therefore, legal quarters have noted to the president and the prime minister that a special high court should be set up to complete hearings of these cases within two years.

The chief justice has the powers to set up such a court on a request under the judicial organization act by the justice minister. A senior spokesman for the president’s office said the justice minister would make the request soon. Attempts to contact subject minister Wijedasa Rajapaksa for a comment failed.

Civil society organizations have been alleging an attempt to cover up the investigations into bribery and corruption under investigation by the FCID and the Bribery Commission, warning that such a situation would breach the public confidence in the government.

Parakrama Dissanayake

Why so much of flooding? Who is responsible?

By Laksiri Fernando-June 4, 2017, 12:00 pm 

Why so much of flooding and natural disasters? Already one ‘answer’ is given by Galagoda AtteGnanasara of the BBS. He has said "disasters occur in a country when the rulers are unrighteous and wicked," clearly aiming at the Yahapalana government (Ceylon Today, 29 May). Even KaruJayasuriya said a similar thing in June 2014 during the landslides in Ratnapura and Mataraareas (Ada Derana, 6 June 2014). Gnanasarais undoubtedly irked by the orders given to the police to arrest him for anti-Muslim provocations, whether those orders would properly be implemented or not. He is trying to circumvent the ‘rule of law’ with his crooked rhetoric, ‘abusing’ Buddhist philosophy; abusing in the sense of misusing.

Although the government is burdened with responsibility and extra-work, the actual victims are not the government, but the unfortunate poor people. Even the funds used for flood relief would be tax-payers’ money, local donations and foreign aid. Only the JVP Members of Parliament have sacrificed their monthly salary, while it might be soon followed by the others in embarrassment. Just one minister’s house was flooded. On the other hand, nearly 200 people are dead, many still considered disappeared; houses, businesses, properties of ordinary citizens are destroyed.

Different Reasoning

Even one can argue (just for the sake of argument) that ‘this is a curse that is bestowed by the gods or nature,because of anti-Muslim activities conducted by the BBS in the country.’ Some of the areas affected are the areas where the Muslims were attacked. This kind of an argument or counter argument should not have any footing in contemporary Sri Lanka. These were for the archaic days.No Muslim has done so, although they could have argued such against Gnanasara.

This reminds me of what some of the conservative nationalist leaders allegedly claimed that ‘people must be suffering for their Karma’ during the Malaria epidemic in the 1930s (see ‘Revolt in the Temple’). The Left movement and the other rationalists those days had to counter these arguments both in assisting the malaria victims and also pressurising the government to extend health and other social facilities in the country. That is how the Welfare-State largely emerged in Sri Lanka. The welfare-state is nearly destroyed today because of the mad rush for money, competitive profits and the unmindful or otherwise so-called ‘liberalization’ of the economy. Sri Lanka after all and still is a poor country, although it has marginally got a middle-income status because of lopsided factors. Even the poor people have become victims or part of this mad rush under unmindful liberalization.

‘Liberalization’ is a good word, but in its actual practice it neglects not only the ‘labour,’ to here mean primarily the poor people,but also the Nature and climate change. The neglect of the nature must have been there in different proportions almost from the beginning of human civilization, but climate change or its aggravation is a recent phenomenon. There is a clear correlation between the rapid climate change and the advent of particularly the neoliberalism. Andrian Parr calls it the wrath of capital (‘The Wrath of Capital: Neoliberalism and Climate Change Politics,’ Columbia University Press, 2014). It is this wrath that we are seeing in Sri Lankatoday. The old and new advocates of neoliberalism,and ‘unbridled free market’ are usually the climate sceptics.

Deficit in Government Policies

On the surface, the government policies on climate change or its mitigation do not appear wrong, judging by the international conventions. In this sense, our leaders are better than Donald Trump. It must be noted, however, that these international conventions are for overall mitigation of climate change. For example, the revised version of the National Climate Change Adaptation Strategy 2011-2016 (NCCAS) submitted to the Paris Convention in 2015 by Sri Lanka could be considered sufficient for those purposes. I am not an expert on these matters, but basing myself on reliable information and other people, expressing myself as (still) a citizen. Public policies are my concerns or expertise. There were 5 Thrusts in the Strategy, but none of those clearly address the increased flooding and earth-slips, to mean the natural disasters under climate change.

One can of course argue that increased flooding and earth-slips are matters for disaster management. Yet there should be coordination between the two and the climate change strategy should take the initiative. Uncoordinated efforts are one of the debacles in Sri Lanka.

After takingover the climate challenge under the Ministry of Mahaweli Development and Environment by the President, there has been much progress in the overall climate change management, indicated in the Progress Report 2015 and Action Plan 2016. However, while there is much progress in the areas of conservation (forest and coastal) and environmental protection (marine and major irrigation projects), there is no clear planning or implementation in the field of climate-change-effects.

Among the 11 divisions in the Ministry, Climate Change Division appears to be the weakest. In terms of future planning and functions, there are 30 areas or functions identified, but no clear mentioning of the climate-change-effect mitigation or on the increased flooding and earth-slips. Even among the climate change advocates, the attention is usually paid on gas emissions (CO 2), rising temperatures and rising seas. While these are crucial, and Sri Lanka should mitigate them, there are so much of other nitty-gritties that must be addressed.

Beforerising sea levels, there are rising river levels during torrential monsoon rains because of excessive soil deposits. In addition, the river basins are clogged due to unauthorized constructions, land fillings and obstructing natural water flows from higher lands. This is common sense.

At a personal note, I do remember my young days, looking at the Lunawa Lake (Moratuwa) during the school lunch time, sitting behind our class room with friends (at Prince of Wales College), even imagining how it could be converted to a grand fishery. Because we could see one or twofishermen on makeshift canoes irking out a living by catching Lula or Pethiya. Lunawa Lake today is like a big filthy pond; in most places garbage dumped. Whoseresponsibility is this? It is the responsibility of the Municipal Council. The local government system has much to do with environmental protection.

Lunwa Lake Today
Closer Reasons

As quoted by Rashmin De Silva (Daily Mirror, 30 November 2015), Margaret Gardner, an international environmental activist, had expressed an early warning after the Tsunami experience. As she has stated,

"In the next 55 years the greatest threat to Sri Lanka will be not from war, but from climate change. Sri Lanka is particularly vulnerable to rising sea levels and weather-related disasters have the potential to set back any gains made in agriculture, fisheries and even services such as tourism."

This is plainly true. What the country has experienced today is a ‘weather related disaster.’ This is one reason why all communities and political parties should unite for a common cause, rather than quarrelling each other.

This is not only the knowledge from outside. De Silva had interviewed Buddika Hemashantha, and had asked among other questions: "What are the current effects of climate change on Sri Lanka?I am quoting this in appreciation of local knowledge and perception. Hemashantha had been the CEO of the Sri Lanka Carbon Fund, a private-public partnership company. That was in 2015 and I don’t know what is he doing now. His reply was the following.

"The tourism and agriculture sectors are those that are the most affected currently.

There are also several effects of climate change that all Sri Lankans are experiencing as of now in terms of floods and heavy rain. The University of Peradeniya Agricultural Unit has also found in its research that the temperature of the country is increasing. The temperature rise will also cause an increase in mosquitos in the colder parts of the country such as NuwaraEliya which may lead to the spread of mosquito borne diseases. With regards to tourism there will also be negative effects that will have to be faced by the sector since tourists will be less willing to come to the island when there is more rain and the temperature is rising. There is also the treat of landslides that they will take into account."

Yes, floods and heavy rains. Not only that, the spread of mosquito borne diseases as the country has experienced in recent times. Also, the landslides. When it comes to increased flooding, landslidesor even in the case of spreading of diseases, much responsibility is placed on the local government institutions. The reason is that the control of buildings (including approvals), drains and water ways are under the control of local government institutions, unless the building approval and control directly come under the Urban Development Authority. If you take the Pradeshiya Sabhas Act (No. 15 of 1987), as an example, it is very clear. The overall purview to be to "charged with the regulation, control and administration of all matters relating to public health, public utility services and public thoroughfares and generally with the protection and promotion of the comfort, convenience and welfare of the people and all amenities within such area."

The above undoubtedly is a broad spectrum. But more concretely, the Act specifies the powers and functions related to "measures for the relief of distress caused by rain, floods, gales, fire, earthquake, famine or epidemics." This is under Section 19. It is about the cure and not prevention. One may also ask the question; ‘how can those be undertaken today as the local governments are dissolved and elections not yet held? But in terms of prevention, it is mainly the PS officers who are very clearly assigned the tasks of laying and maintaining "drains, watercourses, trunks, tunnels, plats, or bridges" (Sec. 45). Of course, they must do these tasks in coordination with the Divisional Secretariats. There are other relevant sections in the Act, which are not quoted here to be brief.

Neglected Responsibilities

Why the responsibilities are neglected? There can be several answers, both at the local and the national level. My answers also can be partial or limited. This does not mean that increased flooding or even landslides can be completely prevented. Because the climate change is a global calamity not limited to Sri Lanka. Even in Australia there had been extreme flooding in recent times. However, the death toll is minimal to one or two. There are no major landslides as the building constructions and mountainous landscapes are well regulated.

In recent flooding in Queensland, for example, there were advanced early warnings given by the meteorological authorities. The police, the red cross and even the army assisted the timely evacuations. It was not left for the people to evacuate themselves or blame them thereafter as our ministers do (see The Island report ‘Met Dept. can be closed down if ... on June 01). Of course, the affected populations were sparsely, unlike in Sri Lanka. Given the thick populations and socio-economic conditionsin our country, there can be an element of unruliness or neglect in evacuations. This is why the governments are there to assist.

Broadly speaking, at the national level, it appears that the prevention of climate-change-effects are neglected for more fashionable or trendy issues of global warming. There is no coordination between the macro strategies and micro implementation in cooperation with both the provincial councils and the local government institutions. Why,for example, the local governments have neglected their responsibilities? This has much to do with the economic thinking, apart from the local politicians allowing their families, friends and benefactors to do whatever they want: haphazard building, garbage dumping, land encroachment, sand mining, landfilling etc.

There are no major housing projects for the poor, ‘thanks’ to the unmindful neo-liberalism. Therefore, they have to construct their huts and dwellings in dangerous places. For the slightest natural calamities, they collapse and the people often get drowned. Most vulnerable are the children. In this instance, 44 school children have died in vain.

Of course, unnecessary bureaucracy or regulation can hamper business and economic development, but the neglect of environmental protection or people’s welfare in the process of deregulation can cause environmental disasters and social dislocations. The state-sector responsibilities are neglected because the engine of growth is declared solely as the private sector. This is an easy excuse for the politicians to laze, do their own businesses, gratify family, friends and benefactors, and preach ‘bana’ to the people, not to speak of corruption. This has happened before and this is happening even today.