Sri Lanka: GTF Reiterates its Demands

  Global Tamil Forum reiterates its call for the participation of international judges in the transitional justice processes following the scathing report on Sri Lankan judiciary by the UN Special Rapporteur. Following statment issued by the Global Tamil Forum

( June 21, 2017, London, Sri Lanka Guardian) A report prepared by the former UN Special Rapporteur on the independence of judges and lawyers, Mónica Pinto, on her mission to Sri Lanka from April 29 to May 7 last year, tabled by the current Rapporteur, Diego García-Sayán at the 35th session of the UN Human Rights Council, was highly critical of the Sri Lankan justice system. Such scathing assessment vindicates the repeated calls by the Global Tamil Forum (GTF) on the need for the inclusion of international judges in Sri Lanka’s transitional justice processes.

Mr. García-Sayán said although the armed conflict was concluded in 2009, very deep wounds could still be seen in the judicial system. Quoting the report, he said there was a lack of equal representation of minority groups in the prosecution services and police force. “Problems related to language are very serious and have a very serious effect on justice and on the likelihood of obtaining a fair process if you belong to the Tamil community,” he said.

On the Prevention of Terrorism Act, the report points out ‘The Act, adopted in 1979, imposes severe restrictions on courts’ jurisdiction and authority to prevent abusive detention and torture and seriously undermines the fundamental right of defendants to a fair trial. The continuation of a normative framework that contributes to violations of fundamental human rights cannot be justified.’

Referring to Persisting Impunity, the report states: ‘The failure to hold perpetrators accountable for gross human rights violations, serious violations of humanitarian law and international crimes in Sri Lanka has long been documented. Furthermore, while the conflict lasted, there was virtual impunity for any abuse committed by the police or the security forces. Impunity is so widespread that it has become a normal occurrence, thereby contributing to shattering the public’s confidence in its judiciary.’

Outlining the need for Victim and Witness Protection the report stressed: ‘Victim and witness protection will continue to be a determining issue in the context of common crimes, abuses and violations committed by members of the security forces, as well as in the context of transitional justice mechanisms that have been created, such as the Office of Missing Persons, or that will be established, such as a truth-seeking mechanism or specialized court.’

Calling for the creation of meaningful and participatory transitional justice mechanisms, the report concluded ‘Building a justice system that all sectors of society will trust and be able to rely on to defend and enforce their rights will take time. Bold steps need to be taken, as a sign of the authorities’ commitment to address the atrocities of the past and, above all, the structures that allowed such atrocities to happen.’

While it is commendable on the part of the Government of Sri Lanka to have facilitated the country visit by the Special Rapporteur, it is important for Sri Lanka to reflect on the findings of the UN body. GTF calls upon the International Community and the Government of Sri Lanka to take serious note of this important report and to be fully focussed on the need to establish impartial, credible and effective transitional justice processes with the participation of international judges to address the past comprehensively, with the aim to achieving long-lasting peace, reconciliation and prosperity for all the peoples of Sri Lanka.

Govt accuses UN of producing false report on Sri Lanka

By Saman Indrajith-June 20, 2017, 10:52 pm 

The government yesterday said UN Special Rapporteur on the independence of the justice system, Monica Pinto, had produced a false report on Sri Lanka, distorting facts to undermine the country’s sovereignty.

Making a ministerial statement in Parliament, Justice and Buddha Sasana Minister Wijeyadasa Rajapakshe said Pinto’s report had made false statements with a view to substantiating the claims made by some NGOs.

"I am sure that Pinto hasn’t compiled this report. That has been done by some local NGOs finding fault with government to get dollars. She has just put her name to the report," the Minister said.

Minister Rajapakshe said Representative Monica Pinto had submitted a report to the UN Human Rights Committee. She was in the country from April 29, 2016 to May 07, 2016. She visited Anuradhapura, Kandy and Jaffna. "She held talks with me, the Foreign Minister, Attorney General and several other key officials. She released her report on March 23, 2017 ten and a half months after her visit. It is surprising to note her statements. According to her Sri Lanka’s judiciary and the Attorney General’s Department are corrupt."

The Minister said that such a report could not be prepared after visiting the country for three to four days even if she was a genius. During her visit, she had called on him and he had told her about the independence of the judiciary. But, nothing he told her had been mentioned in her report, the minister said. "We register our protest against this report issued for the benefit of parasite NGOs."

UN Special Rapporteur Pinto had overlooked the positive developments and achievements the incumbent government had made during the recent past for the benefit of independence of judiciary. Some of her statements were baseless and the government couldn’t comprehend on what basis she had made those statements, the Justice Minister said.

The UN Special Rapporteur has found fault with the government for not doing away with the Prevention of Terrorism Act. "Now the developed countries in the West are introducing more draconian laws to prevent terrorism. Those western nations who found fault with us when we made use of the PTA to defeat terrorism are now compelled to bring about draconian laws which undermine human rights in view of emerging terrorist threats. Five days back, the Japanese parliament passed a new legislation, the Criminal Conspiracy Law, listing 277 offences which are considered acts of terrorism. Japan has given special powers to the police to arrest anyone anytime if there is suspicion of his or her involvement in those offences. They have also defined Facebook posts about violence as a crime but also responding to them by liking them as an offence warranting immediate arrest. It is in this context that Pinto is suggesting us to relax the laws meant for the protection of human race."

"She has suggested that we should amend laws enabling a suspect to have access to a lawyer the moment the he is taken into custody. We would like to ask how and why she won’t recommend that to Great Britain, which does not allow a suspect to meet his lawyers within the first 36 hours after arrest," the minister said.

"I would like to stress that the most powerful international organisation in the world, the UN, should look into qualifications of persons when appointments to high posts are made. We continuously question the lack of encouragement from the UN to end terrorism here during our 30 year long war against terror. We are happy that former UN General Secretary Ban Ki-moon admitted at the time of his retirement that there had been serious mistakes and shortcomings on the part of UN with regard to Sri Lanka."

Exclusive: Ranil Drops Mangala From UNHRC Resolution Implementation Monitoring Body

JUNE 21, 2017

Prime Minister Ranil Wickremesinghe yesterday submitted a cabinet paper to establish a ministerial central coordination and monitoring mechanism to implement UN Human Rights Council recommendations.

Ranil and Mangala

Interestingly, the man who has done all the hard work re UNHRC resolution over the last two and a half years, the former Foreign Affairs Minister Mangala Samaraweera has not been appointed to this vital committee.

Prime Minister has proposed the following cabinet ministers under his chairmanship to the committee, they include; Ravi Karunanayake, Mahinda Samarasinghe, Sagala Ratnayaka, Wijeyadasa Rajapakshe, Tilak Marapone, Ruwan Wijewardene and Harsha De Silva.

At the time the paper was submitted, Minister Malik Samarawickrama has said this must be a mistake, as Mangala Samaraweera’s name should also be there. Then President Maithripala Sirisena said if that is the case then appoint another SLFP Minister to the committee along with Samaraweera. Accepting Sirisena’s suggestion, Susil Premajayanth’s name was proposed, however following this, Samaraweera had refused to be part of this committee, citing he has lots of work at the Finance Ministry.

Meanwhile when debating the Office of the Missing Person’s bill in parliament today, Mangala wasn’t allowed to make a speech.

“This whole scenario tell us what direction Wickremesinghe wants Sri Lanka to take regarding reconciliation and implementing UHNRC resolution,” a cabinet member who spoke to Colombo Telegraph on condition of anonymity said.

“With regard to Wickremesinghe’s committee, apart from Harsha de Silva, everyone else in the committee named by the Prime Minister are against the implementation of the UNHRC recommendations,” he further pointed out.

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Two NPC ministers found guilty resign

Wednesday, June 21, 2017

The two ministers of the Northern Provincial Council (NPC), found guilty by a three-member committee which investigated corruption allegations made against them had tendered their resignation.

Education Minister Thambyrajah Gurukularajah tendered his resignation yesterday, while Agriculture Minister Ponnuthurai Ayngaranesan had reportedly handed over his resignation to the Chief Ministers office earlier.

“However, as the Chief Minister was absent and council member M.K.Sivajilingam had accepted the letters and had handed them over to the Northern Governor’s Secretary,” political sources from Jaffna said.

Earlier, Northern Provincial Council (NPC) Chief Minister C.V.Wigneswaran called for the resignation of the two Provincial Ministers over corruption and fraud allegations after the committee appointed by him had found them guilty.

The Chief Minister made this request when the NPC took up a debate on the report submitted by three-member committee, which investigated corruption allegations made against NPC ministers.

The Committee appointed by the Chief Minister last year comprised of two retired judges and one retired GA. The committee found evidence on the charges made against the above-mentioned two Provincial Ministers.

The Chief Minister also requested Provincial Health Minister Dr.P.Sathyalingm and Civil Transport and Fisheries Minister B.Denishwaran to go on leave until the corruption and fraud charges against them are properly investigated.

Earlier,NPC Ministers Kurukularaja and Ingaranesan pleaded not guilty when they were given time to show cause with regard to the allegations.

However,some members of the NCP were against Wigneswaran’s decision to send on leave the health minister and the transport minister who were not found guilty by the committee. Later,16 members had handed over a No Confidence Motion against the Chief Minister to the Governor which resulted in public protests both against Wigeswaran and in support of him.

On Monday,Tamil National Alliance (TNA) Leader R.Sampanthan had told the group of Northern Provincial Council (NPC) members to withdraw the No-Confidence Motion submitted against Northern Province Chief Minister C.V. Wigneswaran.

APRC Constitution proposal of 2010: A via media for Govt. and Opposition

2017-06-22

The new Constitution proposals of the Steering Committee of the Constitutional Assembly are already facing criticism by the Joint opposition in Parliament and there are protests and agitation outside parliament by nationalist elements.

Ultimately a new Constitution must be acceptable to all sections of the Country. The LLRC Report refers to the need for “reaching a political settlement that addresses the grievances of all communities and the aspirations and acceptability of all communities” when we consider the APRC (All Party Representatives Committee) Report of 2010, it seems to provide an answer to the present acrimonious situation. The Government can constructively engage the Rajapaksa led ‘Joint Opposition’ by taking up the APRC constitution proposals for discussion as they were initiated by Former President Mahinda Rajapaksa.

The SLFP both those with the present Government and those in the Joint opposition, as well as the other constituent parties in the Joint Opposition are all signatories to these proposals. Both sides must show statesmanship and think in terms of the good of the country rather than one-upmanship vis a vis the other side. The dire economic situation and the disasters that have overtaken the country make it imperative that we work out a political settlement so that we are not again faced with an ethnically divided country, and the adverse repercussions thereof.   

The APRC Constitution proposals have the acceptance of the following parties who participated, namely SLFP, MEP, JHU, LSSP, CP, the Sri Lanka Muslim Congress and other Muslim parties, the CWC, Upcountry People’s Front, Western Province People’s fFont, EPDP and TMVP. The two major non-participants are the TNA and the UNP. The TNA would have in all probability supported these proposals with some reservations. Initially the TNA did not participate in the APRC because the LTTE which was then a party to the 2002 ceasefire agreement and militarily dominant in the north and east perceived the APRC as a unilateral process that the Rajapaksa govt. had commenced excluding them. The TNA members could not defy the LTTE for fear of their lives.   

The UNP stayed away for reasons which are unclear including the allegation of the regime having engineered a split within the UNP, although it may be construed as following the policy of the two major parties thus far, which was to oppose the attempt of the other party to solve the national question. In the national interest, the two parties which did not participate should with an open mind study the report and if acceptable to them agree to implement it with or without reservations. The parties which have already accepted it and signed cannot now go back on it without their sincerity being questioned. Hence the joint opposition will also be constrained to go along with the proposals and could even take the credit for its good features.   

To give a brief background, President Mahinda Rajapakse in July 2006, appointed a committee of the Representatives of the parties, called the All Party Representatives Committee (APRC) and mandated it to formulate a draft proposal for Constitutional Reform. The President called upon the Committee to evolve a home-grown Constitution which would provide a comprehensive approach to the resolution of the national question. To quote Kariyappar and Yogarajan who were members of the APRC, the APRC since July 2006 met weekly almost every week, deliberating more than 3-4 hours each time. A panel of experts was also constituted to advise the APRC”. The panel which consisted of a wide spectrum of opinion included lawyers H.L de Silva, Jayampathy Wickremaratne and Gomin Dayasri as also seasoned administrators like K.H.J. Wijayadasa, and persons who had served in legal and financial capacities. The Experts Committee produced two Reports after many months of intensive consultations in December 2006. Based on these reports, Chairman of the APRC, Prof. Vitharana presented a draft containing the main features to form the basis of a new Constitution in August 2007.  

This draft consisted of 21 chapters. Each of the chapters was discussed by the APRC at its meetings. These meetings 128 in number were completed in June 2010, by which time the Committee had reached consensus in respect of almost all the chapters. It was agreed that based on this consensus a final report be compiled by the Chairman Prof. Vitharana. It was accordingly compiled and presented to MR. But as in the case of most reports, no further action was taken. The report was not presented to the public or to the two parties which had not participated namely the TNA and the UNP. However a report compiled by Kariyappar of the SLMC and Yogarajan of the CWC, is in the public domain, and can be accessed.   

Kusal Perera, writing in the Daily Mirror of May 19, 2017, points out that “Ironically it is Rajapaksa who had two well crafted Reports done under his presidency that could ensure reconciliation and a consensual political solution to the ethnic conflict ……but he left them in cold storage”. The first is the APRC Report and the other is the LLRC Recommendations. Kusal Perera states “If this government is honestly serious in finding a decent consensual answer to the festering ethnic conflict all it has to do is to table the two reports in Parliament for discussion and approval. There is absolutely no necessity for anyone to waste time reinventing the cycle (Wheel) that Rajapaksa most effectively and successfully concluded”. I would tend to agree with this statement. Although the present Government may feel that this is a prestige issue, and that the Constitutional Proposals must come from the presently constituted Constitutional Assembly the Government and the opposition must in the national interest get to together and accept the APRC proposals which we understand are among the proposals being considered to be a basis for deliberation thus pulling the constitutional reform process out of its present impasse and not allow it to once again bring about divisions on ethnic and communal lines.   

I give below some of the salient features of the APRC Constitution proposal which have had the approval of so many political parties. Firstly the nature of the State, this is described as follows. The Republic of Sri Lanka is a unitary state in the sense in which it shall be deemed to be an undivided and integrated state structure where the state power shall be shared by the Centre and the provinces”. On the status of Buddhism, “the Republic of Sri Lanka will give to Buddhism the foremost place and it shall be the duty of the state to protect and foster the Buddha Sasana while according to all religions the rights guaranteed by Articles 10 and 14 (1) (e) of the 1978 Constitution. Form of Government, Sri Lanka shall adopt a Parliamentary form of Government at the Centre. A second chamber the Senate to be created. The Supremacy of the Constitution is a feature of the Constitution as also are the safeguards against secession. The electoral system to be a mixed one. On Power sharing, the powers of the people to be shared at 3 tiers of the government, namely by the Central Government, Provincial government and the local government. Each tier to have separate lists of powers provided. The local government tier is based on the Grama Sabha and the Ward Sabha respectively at the villages and town level and they can make the relevant by-laws. Apart from the Provincial Councils powers to be also devolved to District Councils, without retaining all of them at the provincial level. Also non territorial ‘Community Councils’ to be instituted for the welfare of Muslims living outside the Eastern province and for Up Country Tamils (also known as Tamils of Indian origin) living in the central and other provinces.   

The national executive to consist of Prime Minister and Ministers. There is to be only Cabinet of Ministers and Deputy Ministers. The number of cabinet ministers including the PM not to exceed 30. The Cabinet of Ministers should in principle reflect the pluralistic character of Sri Lanka and also be representative of the Provinces. The President to be elected by both houses of Parliament. There is to be a Vice president from a community other than that of the President. Question of Merger of provinces can be considered in accordance with the provisions presently available in the 1978 Constitution and the Provincial Councils Act of 1987. The establishment of a Constitutional Court. The Establishment of a single Court of Appeal sitting in each of the nine provinces. The Court of Appeal to be possessed of original jurisdiction over violations of fundamental rights arising out of an infringement or imminent infringement by provincial or administrative action. The report also deals with Individual and group Rights, and the setting up of a bi lingual administration, among other matters. These are some of the features of the proposed Constitution which was the outcome of the consensus at the APRC consultations held between 2006 – 2010.   

The writer was a member of the Experts Committee appointed by Former President Rajapaksa to advise the APRC in 2006. 

At least 15 university students injured after anti-SAITAM protest

By Binoy Suriyaarachchi-June 21, 2017

At  least 15 university students were injured and hospitalised after police used water canons to disperse protesting students who had gathered opposite the Health Ministry today.

The police also baton charged to disperse the crowd as they forcefully entered into the Health Ministry premises on Wednesday afternoon.

A group of about 1000 students had engaged in the protest which was organized against the South Asian Institute of Technology and Medicine.

The Fort Magistrate earlier today too issued an order stating that scheduled anti-SAITAM protest should be held without creating unnecessary public nuisance and without obstructing the traffic. The university students were also banned from forcefully entering into the premises of the Presidential Secretariat Office.

Statement made by the Justice Minister on Attorney-at-Law, Lakshan Dias

Jun 21, 2017

Free Media Movement vehemently condemns the speech by the Justice Minister Wijedasa Rajapakse,

which was made based on the statement by Lakshan Dias, Attorney-at-Law and a human rights activist regarding the violent attacks against minority religious groups in Sri Lanka. The Minister’s statement is a severe threat to the freedom of speech and expression as well as religious freedom.

Free Media Movement, as an organization stands for freedom of expression including social democracy and media freedom, questions the Minister whether this is the transformation for democracy and good governance achieved by the Sri Lankan society on 08th January 2015. 

In a situation where there are allegations on attacks on religious centers, the due process should be inquiring it from the IGP or any other responsible authority, not from a leader of another Mission. Without following such process, threatening Lakshan Dias for removing him from his profession is entirely unacceptable. 

This statement by the Minister has exceeded the limitations of the behavior of a responsible and moral individual and we emphasize the fact that it is an intimidation against the right to freedom of expression. 
Therefore, no matter the accuracy of the statement by Mr. Lakshan Dias, Free Media Movement emphasizes his right to freedom of speech and expression while affirming that the Justice Minister’s behavior is a menace to the rule of law and the democracy of the country.

SAFMA JOURNALISTS CONDEMN JUSTICE MINISTER’S THREATS TO LAWYER LAKSHAN DIAS

21/06/2017

Public Statement by South Asian Free Media Association – Sri Lanka Chapter .

The Sri Lanka Chapter of the South Asian Free Media Association (SAFMA-SL) strongly condemns the recent statements by Justice & Buddhism Affairs Minister Vijedasa Rajapaksa threatening to deny the license of professional practice of Attorney Lakshan Dias for raising issues of persecution of religious communities.

Mr. Lakshan Dias, a leading human rights activist and lawyer specialising in the defence of persecuted communities, has a record of credibly raising such issues with supportive facts – facts that have won him litigation. His unstinting legal practice of defending victims of religious and other social rights violations has given him a reputation in this country and internationally, following in the footsteps of other internationally acclaimed Sri Lankan lawyers.

As a body of journalists dedicated to social justice, SAFMA Sri Lanka is shocked that the Minister has made this threat against a lawyer directly in connection with that lawyer’s professional defence of religious rights which are guaranteed by the freedom of expression bestowed by the Constitution. The Justice & Buddhism Affairs Minister has made this threat publicly and, further, demanded that lawyer to apologise “in 24 hours”, in a situation where the country is experiencing on-going hostile and violent acts against religious communities.

All Sri Lankans know that religions in our country have experienced persecution at various moments throughout our history. Both the Buddha Sasana and the Vedic denominations have suffered persecution since ancient times, including the colonial era. In recent times the Islamic Umma and Christian Church have experienced persecution.

Indeed, the whole country is aware of the public campaigns of hostility against Christianity and Islam that began in recent decades and continues to this day. The news media has responsibly reported these inflammatory campaigns and the resulting violence.

As socially committed journalists, the members of SAFMA-SL firmly uphold the freedom to practice religion and philosophies as an inalienable part of the larger freedom of expression and thought.

Rather than further inquire into the concerns raised by this accomplished and respected lawyer, the Justice Minister has chosen to attack him for raising these very issues. In doing so, SAFMA Sri Lanka is concerned that the Minister is hindering and undermining the freedom of religion and, consequently, the freedom of thought and expression.

As news media professionals who have reported the on-going religious persecution over decades, we call on the Minister to withdraw his threats and, instead, actively address this on-going situation of religious conflict and oppression.

21 – 06 – 2017

NPC Crisis: Fire extinguished, but ember is aglow

2017-06-22

The fire is extinguished, but the ember is still aglow as goes the saying. This is how political tension in the Northern Provincial Council persists after the move to unseat Chief Minister C.V. Wigneswaran through a no confidence motion, is described in political circles.  

The matter looks settled for the moment as both the Chief Minister and the Tamil National Alliance (TNA) budged from their respective stands a bit and struck a compromise.   

According to political observers in the north, the no confidence motion, though withdrawn after submission, widened the political chasm of the TNA. The CM has obviously made his mark in politics as he is appealing to Tamil nationalism in terms of his open rhetoric demanding extensive power sharing on Federal lines in main.   

The TNA is an amalgam of four Tamil political parties – Ilankai Tamil Arachu Katchci (ITAK), Eelam People’s Revolutionary Liberation Front (EPRLF), Tamil Eelam Liberation Organization (TELO) and People’s Liberation Organization of Tamil Eelam (PLOTE). The ITAK, the dominant ally, initiated the no confidence motion by collecting signatures from its members in the Provincial Council after Mr. Wigneswaran asked two Ministers to go on leave to facilitate further inquiries against them.   

Actually, the Chief Minister appointed a Board of Inquiry first to investigate charges framed against the board of ministers. There were findings of guilt against two Ministers – V. Aynkaranesan and T. Kurugularaja. No dispute arose regarding action to be taken against them. There was no finding of guilt against the two other ministers. Nonetheless, the CM took the position that further inquiries 

should be conducted against them as witnesses could not come forward to give evidence during the initial process. So, he asked them to go on leave to facilitate the inquiries lest the witnesses would not be able to make their submissions before the Board of Inquiry.   

It stirred the hornet’s nest. Incensed by the decision to pursue action against the two ministers with no finding of guilt, the ITAK resorted to the collection of signatures for a no confidence motion. Having roped in the support of 15 members, it handed over the motion to Northern Province Governor Reginald Cooray. It provoked counter action from the loyalists of Mr. Wigneswaran. There again, 15 members handed over a letter pledging allegiance to him.  

For the first time, the Northern Provincial Council, constituted in 2013, was embroiled in a crisis. It threatened the unity of the TNA. The Chief Minister toughened his position that the two ministers should be on leave till inquiries against them were concluded. However, TNA leader R. Sampanthan, who belongs to the ITAK, did not accept that position.   

It created a deadlock for the resolution of the crisis, and the situation worsened by the day. The TNA unity is a matter of concern for many players, both local and foreign. The allies of the TNA engaged in politics oppositional to each other in the past. All of a sudden, they all were cobbled together for the formation of the TNA ahead of the  parliamentary election conducted in the year 2000. That was when the LTTE operated with full might. Since then, it has remained as an amalgam despite having many a difference. They fought openly on some matters, but united during election times to contest together.   

As international players, the United States and other western countries, and India took a keen interest in keeping the TNA allies together right throughout. That is for the fact that Tamils can llok after themselves in full measure for their political rights in terms of a power devolution package as long as all the Tamil parties remain under one banner. The NGOs, advocating power sharing to the minorities as their sole focus, also yearn for unity among the TNA allies. All in all, these forces would have been perturbed by the possible split over the crisis involving the CM.   

It is reported that some Embassies and High Commissions requested R. Sampanthan, who is also the Opposition Leader to resolve this matter.   

Alongside, three TNA allies - EPRLF, PLOTE and TELO - undertook the role of mediating on this issue. TELO leader Selvam Adaikkalanathan, PLOTE head Dharmalingam Siddharthan and EPRLF chief Suresh Premachandran held talks with the CM. Mr. Siddharthan was used as the emissary for the communication of the outcome to Mr. Sampanthan. They asked the CM to soften his stand to facilitate the settlement of the matter. Also, the interventions were made by a Hindu religious leader and Jaffna Bishop Rt. Rev. Justin Bernard Gnanapragasam.  

Mr. Sampanthan finally wrote to Mr. Wigneswaran whom he addressed as ‘My dear Wignes’. Taking a step back, he wrote, “I am also in receipt of a letter from Srila Sri Somasundra Thesika Gnana Sambanda Paramachchariyar Swamy and Bishop Rt. Rev. Justin Bernard Gnanapragasam, which states the three conditions on the basis of which matters should be brought to an end.
I will communicate with the two Ministers that they should not in any way impede an independent legal inquiry.

I have just informed the Northern Province Governor by telephone that the Motion of No - Confidence will be withdrawn. I am communicating with the relevant persons”.  

Mr. Wigneswaran replied to Mr. Sampanthan addressing him as ‘My dear Sam’. He stated, “Yours of even date in reply to mine of 17.06.2017 to hand. Thanks. I am also in receipt of a note given by Bishop Rt. Rev. Justin Bernard Gnanapragasam and Srila Sri Somasundra Thesika Gnana Sambanda Paramacbchariyar Swamy this morning. Let me first explain a few matters in your letter.
There was no punitive action taken against the two Ministers concerned. They are entitled to draw their salaries and use their vehicles etc. It is in order to give protection to the Witnesses as it was said that they should take leave while the Inquiring Committee sat. There are new charges too against them.

I understand your inability to give guarantees with regard to the conduct of the two Ministers. But I am glad you have undertaken to advise them that they should not impede an independent legal inquiry. It is to ensure the independent legal inquiry and to commit the two Ministers that I designed the formula of taking leave for one month.

The NGOs, advocating power sharing to the minorities as their sole focus, also yearn for unity among the TNA allies. All in all, these forces would have been perturbed by the possible split over the crisis involving the CM

You are a Senior Member of the ITAK. You are the leader of the TNA. You have undertaken to advise the two Ministers not to impede an independent legal inquiry. The two Religious Dignitaries have insisted that the two Ministers must co-operate by not interfering with the course of justice.

Added to these Hon. Selvam Adaikalanathan, Hon. Dharmalingam Siddharthan and Hon. Suresh Premachandran have also undertaken last night in the best interests of the Tamils to speak to the Hon. Ministers to make sure they will not interfere with the course of justice nor interfere with nor threaten witnesses nor tamper with evidence etc. In the light of these undertakings, I will not insist on the conditions relating to leave”.

Despite such settlement of the issue for the time being, political sources in the north said this had already created tension among Tamil people. Two public agitations organized in favour of Mr. Wigneswaran drew large crowds. Talks are already underway for the formation of a new political front alienating Mr. Sampanthan’s ITAK.  

President bans mobile phones during Cabinet meetings. President Maithripala Sirisena at Tuesday’s Cabinet meeting, asked the Ministers not to bring their mobile phones inside the House from next week onwards. The President viewed it as a disturbance to the proceedings.  

After the meeting, the Board of Directors of Sri Lankan Airlines was summoned for a meeting. The Board came under scathing criticism from the Ministers over the financial position at the national career.   

Sri Lanka: Deteriorating Within!

The President’s decision to reduce to half the number of Provincial Councillors is a fine decision as general public well understood that Provincial Council is nothing more than white elephants who eat the public resources for nothing. But, that is a needle attack on the shark in the ocean of deteriorated system.

by Nilantha Ilangamuwa- Jun 21, 2017

( June 21, 2017, Colombo, Sri Lanka Guardian) There was well-spread speculation in Sri Lanka, that one of the well-established Cabinet Ministers in the current government has instigated the extremist group Bodu Bala Sena which group’s actions opened a path to mayhem in Aluthgama, resulting in an internationalized disgraceful event in recent past. The petty target of such horrendous and slatternly actions was to bend Muslim vote bank in favour of that minister. If this whole episode is correct then the picture on the surface differs much from the reality in the system.

Like many other places, corrupted and insufficient establishments are flooding with rotten and useless arguments about symptoms without even touching the surface of the real disease most of the crises. The best example was jejune roars by the Minster of Justice over the controversial comment made by an attorney in a recent television talk. Is that the major problem the country is facing?

The ending of the thirty years of blood sucking conflict has given a fearless situation, where people were facilitated to breathe freely. But, what are we seeing in little more than eight years after ending of the conflict? Once we sucked blood out of each other while letting our brothers and sisters to wet the soil with their life in premature deaths. Now, we are allowing mosquitoes to do the same operation in a different mode. Is this is proving that the administrative system in this country is driven by conjecture? If yes, then what would be the best solution?

There are arguments by various concerned citizens in the country on this very issue! Many have their own take while some of them are dreaming, advocating and waiting for leader like Rodrigo Duterte of the Philippines to exercise the Sri Lankan version of Walking Death or to have yet another Immortan Joe in Mad Max: Fury Road. In other words, today many outspoken and politically motivated people are losing hope in the current system where the dream of populism is strengthening and sparking among the general public.

There is the vigilant point that we have missed when it comes to resistances of social movements’ against existence. Most of those who drive the moment to change the existing system narrowed their social activities into personal gains or they have deliberately forgotten how to manage the system once they won the battle. In other words; most of them have ignored the post-change period.

Many talk against Trump; but who talks and plan on what after Trump? Most talked against Rajapaksa, but a few people thought what after Rajapaksa? The missing link of most resistance movements is the lack of concrete plan once the mission is accomplished. This has given bitter experiences to many societies. Sri Lanka is no exception.

The pain of the price is much deeper than our imagination! 200 people died and another 63,000 plus people were infected with dengue alone within first six months of the year. This shows the outworn system of the country. Minister in charge of the subject irresponsibly says, dengue is inevitable when the country is achieving development goals. How many innocents are dying in ill-treatments either in public or private services? How many innocents are dying in road accidents? The list goes on and on and on.

What else do we need to declare the emergency situation to eliminate the germs bugging the social systems? That will be the option to finding the way to establish the healthy and easy access public services to the people in this country.

However, the President’s decision to reduce to half the number of Provincial Councillors is a fine decision as general public well understood that Provincial Council is nothing more than white elephants who eat the public resources for nothing. But, that is a needle attack on the shark in the ocean of deteriorated system.

As a general saying goes; it is “better to light a candle than to curse the darkness.”

Aluthgama Three Years On

RAISA WICKREMATUNGE on 06/21/2017

Dharga town is sleepy in the afternoon heat, especially at this time of year, the month of Ramadan.

However, three years ago, in 2014, the streets were filled with smoke. Groundviews has written extensively on the aftermath of the violence in Aluthgama, which left 3 dead and 78 injured. Muslim-owned shops and places of worship were set ablaze. Photos of the damage showed charred walls, broken roof tiles and burned furniture.

Groundviews was one of the few on social media that reported on the incident – particularly important given the lack of accurate and timely updates from mainstream media.

In 2017, those same houses are unrecognisable – having been rebuilt. Look closer, though, and it’s evident scars remain.

On June 15, 2017, many of the residents packed up their belongings, such as their jewellery and their house deeds, and left.

View the full story from our visit to Aluthgama, compiled using Microsoft Sway, here or below:

Administrative Malpractices Continue At Jaffna College Despite Fund Cuts By Trustees

JUNE 22, 2017

Colombo Telegraph brought out several reports on the protests launched by the students of Uduvil Girls’ College last September against the ‘forced retirement’ of their former Principal Mrs. Shiranee Mills and the violence unleashed on the students by a section of the teachers and some others with close links to the Jaffna Diocese of the Church of South India (JDCSI) headed by the Rt. Rev. Dr. Daniel Thiagarajah.

Bishop Daniel Thiagarajah

This issue led to a campaign by the alumni and well-wishers of both Uduvil Girls’ College and Jaffna College with a view to putting an end to the authoritarian grip the leadership of the Church has on the administration, finances and recruitment at both institutions. Based on credible reports received after investigations, the Trustees of Jaffna College Funds, a fiduciary trust based in Boston that supplies funds for the running of both institutions, decided to reduce the allocations for the first quarter of the year 2017 by 20% in January and strictly requested the Boards of Directors of both institutions to implement 9 key reforms before the 30thof June 2017 to ensure transparency, accountability and good governance in the administration of the schools.

Based on two letters sent to the Bishop, who chairs the Boards of the two schools, by the Trustees since their initial letter dated 5 January 2017, Colombo Telegraph can safely conclude that the Bishop has responded to the Trustees’ initial letter twice, first on the 12th of February and later, on the 15th of March. We covered the first response and the Trustees’ comments on it in our last report. This short commentary is about the subsequent developments. 

As we reported in our last commentary, the Trustees were not satisfied with the Bishop’s first response which was not shared with anyone else and insisted that they required a response from the Bishop before the first deadline, the 30th of March detailing the measures that the two Boards had taken to address the concerns raised by the Trustees. The Trustees’ second response which was sent on the 31st of March to the Bishop and shared with 19 others and the alumni notes that the Trustees received another letter from the Bishop on the 15th of March 2017. The Trustees’ letter, overall, indicates that the Bishop’s response and his plans to reform the two institutions have failed to convince the Trustees. It states that they have decided to reduce the funds allocated to both schools by 20% for the second quarter of the year 2017 as well.

From the letter sent by the Trustees on the 31st of March, we are able to make the following observations about the content of the Bishop’s response dated 15 March 2017:

1. The Bishop has along with his response sent drafts of the audited financial statements for both schools and a mater plan for Jaffna College,

But the Trustees require (a) Final copies of these statements, (b) Comments on the quality of the audit process, (c) management letter about internal financial controls and related governance matters)

2. The Bishop has responded to the Trustees’ comments on 8 areas of reforms. But the Trustees are, for the most part, not satisfied with the Bishop’s response. They have requested the Bishop to submit progress letters for items 2-9 before the 30th of June. The Bishop has also been requested to include in the progress letters what steps the two Boards have taken to meet the goals mentioned and a date by which they commit to complete the process.

The Trustees note that they are in general satisfied with the qualifications of those who serve on the Board of Directors. But the alumni of Jaffna College argue that it is important to see how many of these qualified and experienced members can work independently and how many of them can fearlessly challenge the leadership of the Board when it makes decisions that are against the interests of the schools and clear violations of standard administrative procedures. They also note that these members of the Board have done nothing when unsuitable persons were recruited for teaching positions at Jaffna College. Given their complicity in past violations, these members no longer command the confidence of the parents, alumni and well-wishers of the school, the alumni note. 

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