Tuesday, June 27, 2017

2017-06-28

Following a statement made during a TV talk show highlighting attacks on a religious minority group, human rights lawyer Lakshan Dias faced allegations raised by the Justice Minister on the grounds of creating religious disharmony. Commenting on the situation Attorney-at-Law Dias said that his opinion was based on the facts of a recently published report as well as facts derived from similar court cases that he was appearing for. Dias still stands by his comment. Questioned as to why he was absent from the epicentre of events, he explained that, “When the hegemony is in action stirring up the public opinion it is better to be away from the epicentre….. and observe the situation.” In an exclusive interview with the Daily Mirror Lakshan Dias pointed out that he has to defend himself standing on an unequal ground. Excerpts:

Q The comment you made during a recent discussion on a private TV channel show led to an intense public opinion. What did you exactly say during the show? What was the reason to make such a comment about attacks on other religious places?

The topic of the discussion was role of the civil society and current issues. Except one panellist, the others were of the view that we as civil society activists were pro-government. They said that today we were not raising current issues comparing our actions during the previous Government and continued to state that we were part of the present Government. It is to counter that and to prove that civil society organisations are active I said we continue to raise current issues such as violence against minority religions specially those against Muslim and Christian places of worship and their followers.

And I further stated the facts that were raised in the recent report published by the National Christian Evangelical Alliance. And I pointed out that all these cases are not by the Buddhist monks. My opinion was based on the facts of this report as well as facts derived from similar cases that I appear for at the courts.

There are internal differences in all religions in Sri Lanka. We have to respect this diversity and accept them as they are. The state cannot be pointing at the internal differences, the diversity of each religion and make judgements
When the hegemony is in action stirring up public opinion, it is better to be away from the epicentre and observe the situation. I am on an unequal ground. Need to be concerned about effects of those situations

Q Did you encounter face to face reactions following your comment? Were there comments or criticisms soon after the discussion?

Not at the time programme was on air other than the reaction from the moderator. Then I started receiving numerous comments through social media challenging, attacking, shaming and threatening me, with the use of various forms of language. Later was the reaction from the President and the Justice Minister. The President did not name me but the minister did.

Q The civil society raised their voice and started protesting, stating that reactions to your comment were threatening the fundamental rights such as freedom of expression and questioned the credibility of the rule of law. When concerned parties are raising their voice over these matters, what makes you keep away from the epicentre?

This is a naming and shaming done by a party belonging to the executive of the country, labelling me as a traitor. It is like being excommunicated.When the hegemony is in action stirring up public opinion, it is better to be away from the epicentre and observe the situation. I’m on an unequal ground. Need to be concerned about effects of those situations.

Following the incident I informed the Bar Association of Sri Lanka (BASL) through a letter addressed to its Secretary and informed its President. I complained to the Human Rights Commission. Then I went in to a low profile because of threats from different fronts.

A similar situation surfaced during the Impeachment against Chief Justice Shirani Bandaranayake. But there was a difference as a majority of the public was sensitive towards the chief justice. But today due to the nationalistic tendencies and the behaviour of the hegemony, certain groups of the public tend to believe in these ideologies and are rallying against me.
People never question the accuracy of a statement. It is not a healthy situation.

Q Did you expect this sort of a reaction when you were making the comment from both the Govt as well as the civil society organisations?

I knew there would be a reaction as usual. But to support me and the fact that I raised over 200 persons from 20 different organisations and forwarded a petition against the current situation. Human rights defenders at the South Asian regional level as well as at the international level issued statements in support of me. All are worried about the direction of the Govt. I still have faith in the President and the PM. I observed that the President was misinformed. I don’t have an issue with the statement made by the President as he didn’t name a person but commented in a more democratic manner. He did not go beyond his limits. But the Minster of Justice was very offensive. He named and shamed me in public and took a level of authority which he does not have.

Civil society organizations are also biased towards victims.There are demands coming from different communities of the Sri Lankan society. The civil society organisations act as the buffer among these communities and the authorities
The country’s economy largely depends on the money sent by our migrant workers. Who doesn’t need funds? But the funds alone cannot fulfil the demands of the public. It is misconception and a bad terminology used to discard and discriminate people who appear for social demands

Q But the comment of the Justice Minister stated that he would take necessary legal actions?

Yes that is to take legal action to disbar me.It is an authoritarian comment. It is implicating to others that he has the power to do so. Which is not so. The power is only with the Supreme Court through an inquiry with the presence of the Bar Association.

Q The Archbishop of Colombo Rt. Rev. Cardinal Malcolm Ranjith was reported to have told the President and Minister Rajapakshe (according to their comments) that there were no attacks on churches. Any comments on that?

They have contacted an irrelevant person. If any person, irrelevant of the position, takes this answer as the biblical truth and criticizes a person based on that, it is mere foolishness. There should be an understanding on the difference between Christians and Catholics. If a person is part of the country’s Executive, that person must have a very good understanding of all aspects of diversity existing in our country. After all he/she is representing the entire population belonging to all these diversities. There have been many instances where even Catholics faced discrimination, especially in the suburban areas.

Q One of the allegations raised by those who oppose the Evangelical Christian community is the existence of fundamentalists. How do you see this?

There are internal differences in all religions in Sri Lanka. We have to respect this diversity and accept them as they are. The state cannot be pointing at the internal differences, the diversity of each religion and make judgements. Overall, I do not believe in these categorizations such as fundamentalists. This ideology is not only for religion. It may be in politics too. In that case, are we going to eliminate all fundamentalists? In every community there are fundamentalists. You have to deal with them in a democratic manner within the rule of law. My support to the Evangelical churches is not based on their doctrine but my respect for their right to religion, right to association and assembly, which are guaranteed by the Sri Lankan Constitution in Articles 10, 14, 14 (1)A. Protecting these rights is not the duty of Lakshan Dias but is the responsibility of the Executive, the Judiciary and the entire administrative mechanism, security forces and the Police. There are clear evidences to the lapses in protecting these rights by the Police and the administrative officials, disrespecting constitutional rights. These minority religious communities hardly trust the Police or the administration. They only believe in the Judiciary. But when court cases are filed and cases get piled up due to court delays, assuring justice to these victims gets affected. Without a judgment to these cases, tense situations tend to continue among these opposing communities.

I observed that the President was misinformed. I don’t have an issue with the statement made by the President as he didn’t name a person but commented in a more democratic manner. He did not go beyond his limits. But the Minster of Justice was very offensive

But I do not dispute that there are extremely good Police officers who follow the rule of the law and order in maintaining peace protecting rights of the people. This needs to happen more often.
Personal beliefs cannot be imposed through your duties and responsibilities of your profession. Especially public officials – in administration and services, must be very impartial in their duties. Within the system, a public officer is allowed to take the side of the victim.

Q How would you analyse the current situation with the existing resistance of the Govt vs the demands of the civil society organizations in an attempt to secure Freedom of Expression, right to a religion etc?

There are no demands of the civil society organizations. They are only the advocates of the public. Civil society organizations are also biased towards victims.There are demands coming from different communities of the Sri Lankan society. The civil society organisations act as the buffer among these communities and the authorities.

One allegation that tends to continue is that civil society organisations represent these demands to get funds. The fact is all activities done to keep this country functioning, depend on dollars or funds. The country’s economy largely depends on the money sent by our migrant workers. Who doesn’t need funds? But the funds alone cannot fulfil the demands of the public. It is misconception and a bad terminology used to discard and discriminate people who appear for social demands. Funds are a mere fact but it is not the voice of the needy. The civil society organisations who worked in unity to bring this Government to power and establish democracy, never worked expecting dollars.

Q Is it true that you made those comments during the much discussed TV show were being biased to one religious sect?

I am not biased. I am not a religious chauvinist. To me all religions are valuable and I respect them. But I am biased on certain issues. I am biased towards victims facing violations of human rights, be it gender and sexual orientation, ethnic, religious, political or any social discrimination. I always take the side of the victim.

I also do have a strong Christian inheritance. I am a fourth generation Anglican. I have held and still hold different positions in the Anglican Church. I have served as the national president and national general secretary of the Student Christian Movement and as the former CEO of the Sri Lankan YMCA and was the former president of the Church of Ceylon Youth Movement. I was a member of the Executive Board of the National Christian Evangelical Alliance for nearly 18 years. But this is my personal belief but it has never been an obstacle in standing against injustice. At the height of the war, I worked with many Buddhist clergy living in the border villages and tried to the best of my ability to protect the rights of those people. I will remain to be biased towards victims and do not know any other biasses.

The Executive of a country must have a very good understanding of all aspects of religious and ethnic diversity existing in the country
I will remain to be biased towards victims
The Govt has the responsibility to accept the mistakes pointed out and take action to correct them rather than challenging and labelling people as traitors
Protecting the religious rights is not the duty of Lakshan Dias but the responsibility of the Executive, the Judiciary and the entire administrative mechanism, security forces and the Police

Q A number of civil society organizations stood up in unity to create a change to the system that governed the country. Thus leading to a change in the Govt on January 8, 2015. What has happened to the change the civil society movement tried to create? Do you think it still exists under the rule of the present Govt?
The TV talk show I participated in was about the same question. I’m very proud and happy of several initiatives this Govt and the political leadership took - such as establishing the Office of the Missing Persons, the Right to Information and the Witness Protection Act. Establishing the freedom of association and assembly is highly appreciated. But when these assurances are violated in the society, it is we as the civil society organizations who need to stand up against them. So we did. The Govt has the responsibility to accept these mistakes pointed out and take action to correct them rather than challenging and labelling people as traitors. None of the civil society organizations has worked to tarnish the peace, harmony or the reconciliation of this country.
And while appreciating all good practices of this Govt, I must point out the pace is slower than we expected. We do understand the ground realities the Govt has to face but at the same time it must show further commitment towards its goals. The civil society organizations are impatient to see a good outcome.
Q: Do you still stand by your comment made on the attacks against minority religions?
Yes, I do.

I am biased towards victims facing violations of human rights, be it gender and sexual orientation, ethnic, religious, political or any social discrimination. I always take the side of the victim

SR LANKA: LAWYERS STATE THAT THE [UNP CONTROLLED ]DAILY NEWS REPORT ON LAKSHAN DIAS ISSUE IS FALSE

27/06/2017

A news item was published in the Daily News today under the title – Alleged attack on 160 Churches – BASL asks lawyer to come clean.

In this news item, it refers to an order made on the basis of a decision at the Bar Council calling on Mr. Lakshan Dias, Attorney-at-Law, to explain the statement made by him at a television interview.

Several Bar Association Members, including some senior Attorneys-at-Law, have informed the Asian Human Rights Commission that at the last Bar Council Meeting held last weekend, no decision to such effect was taken by the Bar Council. In fact, no Motion was proposed or put into a vote during this Bar Council meeting. The Bar Council was not informed of any letter written by the Minister of Justice to the Bar Association on this issue. Naturally, there was no occasion for the reading of such a letter – if such a letter exists at all. Thus, no decision was ever made on such an alleged letter by the Minister.

Daily News fake news

The Members explained that what happened at the meeting was that several Bar Association Members raised objections to the statement made by the Minister Wijedasa Rajapaksa, threatening to disbar Mr. Lakshan Dias because of a statement he has made on some attacks on churches. These Members have questioned the authority of the Minister of Justice to make such statements and they have categorically stated that the Minister’s conduct is highly questionable and should be condemned by the Bar Association.

Several other speakers have objected to the matter being taken up by the Bar Association and have tried to justify the Minister’s position. At this stage, the President of the Bar Association has intervened stating that he will ask Mr. Lakshan Dias to submit his request by way of an Affidavit. Nothing more than this had been discussed at the Bar Association.

It is not within the power of the Bar Association to conduct inquiries into statements made by any of its members on political or public issues. Nor does the Bar Association have any authority to inquire into any matters at the request of the Minister of Justice. The Minister of Justice is just a Minister and the Bar Association is a body constituted to protect the rights of the lawyers. When a lawyer comes under attack by any Minister or any other person holding any authority, the duty of the Bar Association is to protect the interest of the Attorney at Law concerned.

Bar Council Members who spoke to the Asian Human Rights Commission were worried that some political conspiracy is being hatched and that there is an attempt to drag the Bar Association to play a role to carry out this conspiracy. The attempt they felt was to turn the Bar Association into some inquisitorial Board making the Attorney at Law to be the accused and the Bar Association to become the prosecutor against its own member.

The Bar Association is not an arm of the state and it certainly is not an arm of the Ministry of Justice. The Minister of Justice has no rights inside the Association except of his own right as another member. He has no special status, as none of the Members of the Bar Council have any special status.

Note by SLB: Daily News is the flagship news paper of government controlled Lake House and run by Ranil Wickremasinhe appointed pro UNP officials and editors.

Lawyers for Democracy Appalled by Justice Minister are Continuous Threats on Attorney Lakshan Dias; Urges President to Introduce Ministerial Code of Conduct

(Lanka-e-News - 27.June.2017, 11.30PM) LAWYERS for Democracy (LfD) is appalled by the continuous threats of the Minister of Justice on one of its co-Conveners Mr. Lakshan Dias. Mr. Dias is an Attorney at Law of the Supreme Court of Sri Lanka and an active Member of the Bar Association of Sri Lanka. He had served in several Committees of the Bar Association previously. He is a lawyer who has taken serious interest in the rights of the legal profession as a whole and on the administration of justice and independence of the judiciary. He was one of the lawyers who took active part against the impeachment of the former Chief Justice Shiranee Bandaranayake. Mr. Dias has been in the forefront of the democratic struggle for decades and stood for the protection of human rights and democratic values of the country amidst challenging conditions. He is an outspoken critic of extremist elements who propagate violence. His contribution to establish ethnic and religious harmony is well recognized.

LfD is shocked and dismayed by the unfair, capricious and incautious remarks made by Mr. Wijedasa Rajapakse, the Minister of Buddha Sasana and Justice threatening Mr. Dias to apologies to the nation on certain statistics given by him on attacks on churches recently. More seriously, the Minister has threatened him to take legal action within 24 hours if MR Dias does not tender an apology. Again, in an interview with an English newspaper, the Minister indirectly called him a traitor and accused Mr. Dias as having been in a mission to spoil reconciliation process. The Minister went on to say that “these people behave in a manner similar to animals”. Such Statements are unbecoming of a Minister particularly the Minister of Justice. Moreover, his remarks are also unprofessional and unwarranted and have a chilling effect on the society and on the legal professional as a whole. At a time when extremist violent elements are becoming politically active once again, the Minister's remarks are undoubtedly provocative and expose Mr. Dias to violence.

The Minister himself is well aware that it is not within his powers to commence proceedings to disbar a lawyer from his profession. We do recognize the Minister or any other persons' right contradict or counter a claim made by a lawyer in a decent and acceptable manner. However, when a lawyer is threatened as a traitor and with disbarment, it infringes on the right of the lawyer to practice in a peaceful environment. We unfortunately cannot forget the period when the former Defense Secretary Gotabaya Rajapakse ran a website naming some lawyers as terrorists.

We are also mindful that in the current political environment, the Government had made serious positive attempts to rebuild trust among ethnic and religious communities but the Minister's statement will be counterproductive to the government's commitments.

We urge the Minister of Justice to publicly withdraw all the remarks that have been made against Mr. Lakshan Dias. We also request the Hon. President to take initiative to draft a Ministerial Code of Conduct to avoid abuse of authority by Ministers.

Lawyers for Democracy

Colombo

27th June 2017

CONVENERS –
Lal Wijenayaka, Chandrapala Kumarage, K.S Ratnavale, JC Weliamuna, Sudath Nethsinghe, Sunil Jayaratne and Harishka Samaranayaka

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by (2017-06-27 21:45:22)

Hara-kiri, The Only Option For 6,217,162 Voters For Yahapālanaya

By Granville Perera –JUNE 28, 2017

Wijeyadasa Rajapakshe Gone Mad!

No mad man admits that he is mad. When you ask a patient at the mental hospital in Angoda if he is mad, he will without hesitating point towards the outside world and say all the mad men are out there. That is exactly what Wijeyadasa Rajapakshe, the Minister of Justice and Buddha Sasana (believed to be allegedly hiding the fugitive extremist Buddhist monk Gnanasara) said in the Balaya TV show on 26 June 2017 on Hiru TV. He also claimed that everyone who signed a petition in support of Lakshan Dias, the Human Rights defender and Attorney at Law are “mad men” who should be in Angoda. A clear indication that he has lost his head. Lakshan Dias had to flee the country as he is being hunted by Wijedasa Rajapaksa’s goons.

Wijedasa exceeded his ministerial powers and threatened to de-list Lakshan Dias as an Attorney. He is neither the appointing authority nor the one who has the power to remove Lakshan as an attorney. He, being a former president of the bar association has also intimidated the bar association to refrain from passing a resolution demanding an explanation from the Justice Minister for threatening a fellow attorney. Thus is the state of the Bar Association and the Judiciary in the much promised freedoms under Yahapalanaya.

Wijeyadasa Rajapakshe is also suspected of assisting hate mongers to destabilize the Government. He obliges the Rajapaksas due to the threats by the Joint Opposition strategists (who have his file) of exposing his misdeeds during the Rajapaksa rule and Avant Garde. A credible suspicion, given his close association with Senadipathi of Avant Garde and his attempts to set fire to this country through Sinhala Buddhist extremism. Wijeyadasa’s strategy is to drive away the minorities, especially the Muslims from the United National Party for failing to protect them. The UNP can never come to power without the minority votes. It is estimated that over 95% of the Muslims voted for regime change from the Rajapaksa hegemony.

Travesty of Justice

A fugitive monk who has over 84 police complaints by Muslims filed against him in different police stations and courts of law walks away on three counts of contempt of court- scot-free. The President, Prime Minister and the Cabinet of Ministers should bury their heads in the sand with their rear end exposed if they were not aware that their Justice Minister and Attorney General plotted this coup to make a permanent scar in the judicial history of this wonderful land of ours. This is only possible in Sirilankaaawe….

As a citizen of Sri Lanka, I just have to ask “where the F…k” are the independent commissions that Yakapalanaya introduced with such fanfare. The Police commission should immediately resign if they cannot take action or act on the blatant police hypocrisy in dealing with this thug in robes by the entire police department. A fugitive monk, who has been visited regularly by his unholy disciples, could not be traced by 5 special teams deployed to arrest him. What a reflection on the Police Department? Who gave orders to the Special Task Force not to arrest him in Kurunegala? The monk was even carrying an unlicensed weapon when he was apprehended. The STF would have made him eat humble pie if not for the intervention of the IGP, who has to tell Sri Lanka as to who ordered him to pull Gnanasara out of the hands of the STF or RESIGN immediately and observe sil in Gnanasara’s temple. The Prime Minister, who hereto was considered a non-racist is in the thick of this conspiracy of the President and his band of extreme racists in Yahapalanaya.

The Asgiriya Googly – “Koheda Yanne Malle Pol”

He should not be made a martyr… Why whitewash Gnanasara?

“How few there are who have courage enough to own their faults, or resolution enough to mend them.”
~Benjamin Franklin

2017-06-28

Human nature has not changed. It may have embraced new cultures. It may have rejected certain others. It may have progressed from check books to credit cards and e-banking but remains loyal to money and what it does to bring about outwardly pleasures and riches to a tiring businessman and an upstart youth heading for promotion after promotion for doubling and trebling sales in the company he works day in and day out. It continues to indulge in its base instincts and any renunciation of its natural propensities such as avarice, lust, jealousy, enmity and confrontational stoops, more often than not, is rejected. The change of context has not and does not change the fundamentals of human nature. That is why those who have conquered that rudimentary nature of humanness, as did Siddhartha Gautama the Buddha, are being worshipped by millions, if not billions, today as who have made the greatest of all conquests – mind and the varied paths it could lead an ordinary human to.

The political will of the governing coalition will be tested and those who adhere to the fundamentals of the messages of the two communities which would be more religious than social and ethnical are bound to triumph in a perfect world

When Galagoda Atte Gnanasara, continues on his ultra-racist verbiage, drawing ulterior motives of like-minded politicians and their close cohorts towards his, things can get quite out of control when some unintended word, phrase or even an innocent-sounding call is made towards a highly-charged mob. The real consequences of a provocation accompanied by pseudo patriots who roam the streets with placards of restoring Buddhism and granting its rightful place in a country in which already nearly 70% of the people are Buddhists, could lead to dangerous levels. Violence could break out and the subsequent carnage would make the ’83 riots look like a ‘minor’ protest at a village fair in a rural hamlet.

Whitewashing, glossing over or covering up something that is immoral, illegal, or otherwise plain bad is usually done by the surrogates of a criminal. Galagoda atte Gnanasara fits into the narrative of whitewashing a dangerous activist. Not in the sense that he is intrinsically an evil man with evil intentions, but the consequential chain of mayhem, looting and killings that would entail will ultimately set the country back by another couple of decades, not to mention the drastic ill-reputation in the international arena.
Yet such a criticism, either in isolation or otherwise, of the leading political provocateur of nationalist/racist politics would not suffice. In a country in which nearly 70% of the population are Sinhalese-Buddhists, Galagoda Atte Gnanasara’s appeal, whether it’s woefully misplaced or not, cannot be ignored nor could it be regarded as a clarion call to arms. The issues and concerns he raises could have gravely significant national and socio-political consequence if the current government keeps sweeping them under the proverbial carpet. The issues raised by this group of provocateurs go beyond partisan politics. The ethnic group that is being targeted by the Bodu Bala Sena and its supporters led by this monk, among others, are Muslims. Most of the Muslims in Sri Lanka are concentrated in the Eastern Province. The Provincial Council in the Eastern Province is headed by a Muslim Chief Minister. More than one third of the Province is populated by this ethnic group and an overwhelming majority of Sri Lankan workers in the Middle-east hail form the Eastern Province Muslims. That’s a reality. Given the context of even more widely parochial claims from the Muslim community as regards Sharia Law etc. which is usually an anathema for all right-minded people, whether Sinhalese or Tamil, the tendency for a serious break down in law and order cannot be overruled.

Such a solution is possible only between two harmonious minds that are completely devoid of hatred, jealousy and distrust etc

In the meantime, the government is dragging its feet about the widely-publicized alleged settlement of Muslims in the middle of Wilpattu Wildlife Sanctuary. No government can wipe its hands off such a fundamental breach of the country’s Land-policy. The brand that the present rulers have created for themselves as ‘gutless and unstrategic’ is becoming a real issue and they simply cannot run away from such serious accusation from the people. Criticizing a Buddhist Monk would not resolve the issue. It is also extensively rumored and even long-established by some legitimate and valid quarters that the Muslim power behind these alleged settlements is a Minister from a Northern District. A young charismatic figure, this Minister is alleged to be heavily immersed in a toxic vessel of corruption. Extremists on both sides won’t do. Two rights don’t make a right. It actually amplifies the undercurrents of the present situation and if it explodes, as I said in one of my earlier paragraphs, would shatter all social constraints. Such an uncontrollable event should not be an option before our decision makers.

At the same time our Sinhalese Buddhists and their extremist leaders realize another unfriendly reality. Almost 35% of the Eastern Province is occupied by Sinhalese Buddhists. Some of our ancient Buddhists artifacts and temples are situated in that province. Any counter onslaught in that province against our Sinhalese Buddhist brethren would be catastrophic. The ’83 carnage of Tamils in Colombo might be countered by a similar vengeance-ridden slaughter and it might be inevitable. It is only advisable that in the interest of peace and détente between the two communities, a more amicable and just resolution is reached. And the first step belongs to the government. The need is to be more proactive and take the first steps towards bringing these two parties together.
However, one must also remember the failed Timpu-Talks between the militant Tamils and Sinhalese in the mid-eighties. One cannot expect results from inviting extremists to a peace conference. Prabhakaran’s terrorists and Sinhalese extremists who took part in Timpu-Talks did not generate any tangible results. The enmity and mutual hatred Sinhalese and Tamils bore against each other got further sharpened after this Timpu fiasco. One must realize that a settlement between these Sinhalese and Muslims should be a political one as against an exclusively legal one. Yes, land settlement and physical boundaries between the provinces and districts need to be at the foundation of these proposed talks. But the negotiators must essentially consist of educated and wise men and women whose antennas are tuned and set to the pulse of both communities and daring enough to give and take. Do we have such men in the active public service? My answer is no. In such a case, one would eventually be pushed to recruit such talent from those public servants who are still among the living but retired. Some may be ‘retired hurt’ but others just retired. I am sure those wise men would come forward if the government extends a warm and hearty invite. For these public servants who had served this country under many a regime – either UNP-led or SLFP-led – would volunteer their invaluable service if a sufficiently prudent and extensively calculated Terms of Reference (TOR) is prepared and submitted for national conversation.
The composition of such a Conference/Talks between the leaders of the two communities must essentially do away with diehard extremists of both communities. Law and Order cannot be sustained if two extremist parties meet at such Talks. The political will of the governing coalition will be tested and those who adhere to the fundamentals of the messages of the two communities which would be more religious than social and ethnical are bound to triumph in a perfect world. But the world is far from being prefect. That is why we need to talk within the confines of civic responsibility and religious tolerance. Islam and Buddhism are two religions whose founding sages preached peace and harmony. Dominance of one over the other is not an option.
Am I writing about a utopian dream? Maybe, but if one does not dream about one’s own prospective realities, this world would never have progressed; the first Neanderthal would never have ventured out of his cave.
The government’s active search for a resolution of this malefic condition is a prerequisite. There will never be a solution to problems between two ethnic groups. Such a solution is possible only between two harmonious minds that are completely devoid of hatred, jealousy and distrust etc. Such sublime heights of the mind are yet light-years away from our mundane minds. That is why a resolution instead of a solution of the issues should be our primary and final goal. Many pundits have written many a column and book on this issue of religious tolerance and ethnic harmony. But as I stated at the very outset, human nature has not changed. It will continue in its unending journey of attempting to reach a dynamic equilibrium between right and wrong, just and unjust, plain and nuanced. It could be very exciting and enthralling to a wise man. But at the same time lethal to the unwise and avaricious. Galagoda Atte Gnanasara may have a message. But he should not be made a martyr.

The writer can be contacted at vishwamithra1984@gmail.com

Venerable rabble

“If the field was not fertile, the crop would be poor, and the farmer must naturally be unhappy about it. If the Sangha was impure, the charity bestowed on them would bring poor results, and the donors must naturally be unhappy about it. This was one reason why kings and the people were so anxious about the unblemished purity of the Sangha” – Venerable Dr. Walpola Rahula Thero

Wednesday, 28 June 2017

The Asgiriya statement is an unambiguous manifesto of Sinhala Buddhist clerical fascism. It is an ecclesiastical indenture of priestly cunning packed with parochial hubris.

The demands made therein contradict all ethical requirements of a modern democratic society. A priestly class that considers itself privileged and above the law is irreconcilable with moral and social imperatives of contemporary times.

It is the duty and responsibility of all of us, Buddhists, to stop these bullies in their tracks. They have dealt a blow to our democracy. Instead of deceiving ourselves that the bully has got bloody knuckles, we must amputate the vile arm of the bully. We must unravel the politics behind this putsch of pietism – the Asgiriya power play.

The Government was taken unawares. It was a secretly-hatched, cleverly-choreographed theatre that made the Government look foolish and inept. Its purpose was to clear the way for the Monk Galagoda Aththe Gnanasara who was evading arrest, to surrender to court on the next day and to be released immediately thereafter. As evidenced by unfolding events it was a successful stratagem.

Political power play

The Asgiriya exercise is also a political power play. Its caption is a mailed fist at the elected Government. “We the Karaka Sangha Sabah in our devotion to the Sasana serve this kind notice on the Government.” It has defied the Government’s rights to legislate. Don’t enact legislation that we do not endorse.

This clerical revolt would have never occurred under Mahinda Rajapaksa – the redeemer of the Sinhala Buddhist people. The Sangha had a Faustian compact with him. As head of a patrimonial state, he assiduously cultivated a patron client relationship with the ‘Sangha’. They were saffron-robed ‘squires’ in the court of not a charismatic leader but an iconic leader. They recognised his capacity for coercive persuasion but were immensely appreciative of his efforts to win allegiance by distributing fiefs and benefits in return for loyalty.

The genius of Mahinda Rajapaksa was his perfection of a medieval order of governance in the 21st century during the five post war years of his presidency. Absolute rule and patrimonial politics complimented each other. There emerged a court etiquette that the Sangha observed with religious care.

The saffron robe was once regarded as a declaration that the wearer has embarked on the path from home to homelessness. Mahinda provided them with a comfortable hostel in-between. The Asgiriya monks demand that Maithree and Ranil extend their stay in Mahinda’s hostel.

Alas, the two Upasakas – Sirisena and Wickremesinghe – are made of lesser stuff. Their mistake was to interpret their successful 8 January 2015 revolt as an accomplished revolution. They are now in a deadly struggle to consolidate their achievements. They have a problem. The two are not agreed on what their achievements are. They are equally confused and do not know, if they have achieved anything at all.

Call it what you may. Protest, statement, edict or whatever. Its contents indicate that it is a backlash against modernity. Knowing their capricious nature it is both predictable and understandable.

It is not often that a society has to grapple with rabble demanding to be addressed as venerable. As a Buddhist, though not perfect in practice but with a clear grasp of what the Buddha preached and an utter contempt for what some of the Sangha practice, this writer wishes to address this issue of the sanctity of the robe and the depravity of the wearer.

Present day Sangha

Despite the grand rhetoric concerning their antecedents, the present day Sangha institution took shape during the reign of Kirti Sri Rajasinghe (1747-82). He revived Buddhism in the hill kingdom by reestablishing higher ordination and appointing Venerable Welivitiya Saranakara as the first Sangharaja who is the source of all authority that the two monasteries claim today.

When Keerthi Sri Rajasinghe ascended the throne, the vast majority of the Buddhist priestly class led a quasi-religious life style. They were known as “ganinnanse” or semi-monk. A title that aptly fits the monk Galagoda Aththe Gnanasara now in the eye of the ecclesiastical storm.

The restoration of Buddhism involved the transfer of huge economic assets in the form of land grants from the king to temples. To this day these economic assets are jealously guarded by priestly cabals whose membership are confined to a few Kandyan families in the Central Province and mostly from the Matale District.

The two monasteries Asgiriya and Malwatte are prototypical feudal remnants resisting modernity with militant piety. That said, we ignore them at our peril.

Dr. Rajitha Senaratne elected from Kalutara promised a considered response to the Asgiriya encyclical. In stark contrast S.B. Dissanayake defeated in Kandy and nominated in the National List offered abject surrender. “If the Maha Nayake Theros and the highest of clergy in the Sangha Council are frustrated in any sense with the Government, I humbly seek their apology.” Biting the dust at the last election, his ear seems glued to the ground.

Pervasive religious influence

Religion is deeply rooted in predominantly Buddhist countries such as Myanmar, Thailand and Sri Lanka. In these societies religious influence is pervasive and therefore priestly influence impacts all institutions.

The priests have over time, developed their own survival modes that have no relevance to pristine religious teachings. Instead they are mostly focused on worldly affairs and entitlements of the Sangha order.

Under monarchs they were advisers to royals. They were power brokers in court. They were feudal landlords who owned and managed huge tracts of vast wealth. Celibacy was observed in the breach. A common custom among the powerful monks is to ordain the offspring of their sisters and brothers to ensure the succession to temple property remain in the family. The possibility of offspring in the guise of nephew is not to be ruled out. It is corrupt to its core but manages to keep a lid on its villainy.

Venerable Dr. Walpola Rahula in his book ‘ History of Buddhism in Ceylon’ provides a succinct description of the beginnings of Buddhism and how it became the national ethos, and the State religion of the island.

“Buddhism began as an intellectual and ethical movement in the sixth century B.C., with the first sermon preached by the Buddha to the five ascetics at Isipathana near Banaras. It spread gradually during the lifetime of the Buddha along the Gangetic valley and found its way into several kingdoms in North India between the Vindhya Mountains and the Himalayas. Kings and Ministers, Bankers and Merchants, Brahmins and Peasants became the followers of this new teaching which was a revolt against some of the accepted theories and practices of the day.”

Present day conundrum

Dr. Rahula proceeds to explain the roots of our present day conundrum. Asoka was the first king to adopt Buddhism as the State religion two centuries after the death of the Buddha. Asoka did so by edicts that prescribed Buddhist practices. It was Buddhist governance by an enlightened monarch. But in Sri Lanka, it became the State religion from the day of its introduction to the island.

Then he points to our march of folly. “We have to admit that from the day that Buddhism was adopted as a state religion, it began to lose its original spirit of renunciation and simplicity, and gradually developed in to an ecclesiastical organisation with its numerous duties, religious, political and social. It is impossible for any religion, when it becomes an organised body, to continue in its original form. It has to change with the times if it is to maintain its power and prestige. ‘Adapt or perish’ is nature’s inexorable imperative.”

Who will adapt? Who will perish?

Professor Yasmin Gooneratne in her book ‘Relative Merits; A personal memoir of the Bandaranaike Family’ has an interesting anecdote. SWRD tells his cousin Samuel about the most Venerable Budharakkitha: ‘He fasts by day and feasts by night.’

The more things change, the more they remain the same.

Senile Carlo’s time is over ! SL Medical Council to get a new president.

(Lanka-e-News - 27.June.2017, 11.30PM) The ‘expiration time’ of Professor Carlo Fonseka’s term who is the current president of SL Medical Council is due on 30 th of this month, and Professor Colvin Gunaratne who was appointed as a member of the Medical Council since 2011 is to replace him , based on reports reaching Lanka e news.

Professor Gunaratne is a reputed general medical specialist for all diseases . At the last national awards ceremony he was one of those who received the ‘Deshamanya’ award among just ten others for the service he has rendered to the country so far.

The SL Medical council has designed to establish a useful and purposeful medical service for the country with a view to safeguard the standard of the state and private medical services ; sustain the loftiness of the educational and professional values of those in the medical service ; and inculcate discipline and lofty traditions.

Dr .Duncan Walker was the first president of this council after it was established legally by the white imperialist rulers in 1924 , and he was an European .

The present Medical council is comprised of 25 members , out of which ten members are made up by the deans of the 8 medical faculties of the country , a dean of the Dental medical faculty , and a director of the Health service . That is they constitute ten of the 25 members of the council and they are appointed officially . (The deans of the faculties are appointed based on the votes of the administrative boards of the relevant Universities ) . Of the remaining 15 members , ten are appointed on the votes of the Medical specialists association . There are specialists in private practice too among those selected. The president of the Council and four remaining members are appointed by the minister of health. In other words only six members can be appointed politically. The majority are independent appointments based on votes at various levels. In the circumstances there isn’t a need at all to make a fresh request to safeguard the independence of the Medical council, or from politics.

Leaders Padeniya and Soysa along with those of the lower rung of the GMOA trade union which staged strikes in the recent past had an unofficial discussion with president on the 24 th , when a request was made by them to keep back Carlo Fonseka whose term is ending . When the president inquired from the GMOA leaders when his term was ending , the latter replied it is on 30 th of June. The president at once exclaimed ‘ then there is a lot of time for that ,‘ in order to dodge the issue.

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by (2017-06-27 22:08:46)

Holistic social intervention The crying need for waste management

BY LIONEL BOPAGE-2017-06-27

In an environment where affluent families are dominant, garbage becomes waste though it may then become an important source of income for some of the poor people living in urban areas. It is said that in countries such as Sri Lanka, one per cent of the urban population (that is at least nearly 150,000 people) survive by separating what can be reused from the waste that others dispose of.
In areas like Bloemendhal and Meethotamulla where garbage has been piled up into mountainous heaps, and in areas proposed such as Ekala where garbage is to be re-stacked, some people survive by finding something beneath these mountains of garbage to sell or eat. The people, who go through these garbage mountains are subject to poisoning and toxic smoke and face various kinds of diseases. When considering waste management in any country, the betterment of the lives of such people needs to become part of that management process.

Holistic social intervention The crying need for waste management.docx by Thavam Ratna on Scribd

Are Ministers deities devoid of tax burden?

2017-06-28

At a time when the country is facing a debt burden, Ministers should play a key role in securing the people’s money. But they seem to care less. While they get to enjoy most perks and benefits, many of them seem to be surviving the tax game as well. The Daily Mirror learns that the statutory allowance for any individual, whether a resident or not is Rs. 500,000. This is a tax-free allowance given to all citizens of Sri Lanka. Therefore in order to charge income tax an individual should have an income amounting more than Rs. 500,000. But when it comes to Ministers this is not the case. While they are being blessed with many perks and benefits, they are also not taxed in most instances. Speaking to the Daily Mirror a few individuals expressed their concerns regarding this matter.

Ministers don’t pay tax in a legitimate manner Lacille de Silva

“This is one major problem that this country has,” says Lacille de Silva, former Secretary to the Presidential Commission of Inquiry into Serious Acts of Frauds and Corruption. “Tax officers chase after ordinary people but if we look at these Ministers, they make huge profits. They sell their permits and live lavishly. Some of these Ministers have even failed to show their annual declaration of assets as well. If the tax officers chase after these Ministers they don’t have to burden the public. I think most of these tax officers have gathered money illegally. They don’t seem to be executing the tax law as said. Most of these Ministers don’t pay the tax in the legitimate manner.”

Tax officers chase after ordinary people but if we look at these Ministers, they make huge profits. They sell their permits and live lavishly

Not all Ministers have been taxed - Ivan Dissanayake

Inland Revenue Department Deputy Commissioner General, Ivan Dissanayake said that not all Ministers have been taxed. “Their job is quite different and if we take a Minister in Matara, they will have to go and do most work on the field. Therefore they are not taxed from their salary. Some time back there were discussions to get Ministers to pay income tax according to the formula. In the case of an ordinary person, they are given a limit of Rs. 500,000 and this is common to all. Those who are paid more than Rs. 500,000 will be taxed. There are no separate rates for Ministers and ordinary citizens but it applies to all.”

Those who are paid more than Rs. 500,000 will be taxed. There are no separate rates for Ministers and ordinary citizens but it applies to all

Vehicles and VIP Politicians

Recently, the government once again sought parliamentary approval for a supplementary estimate to cover Rs. 330 million for the purchase of vehicles for three cabinet ministers, three state ministers, a Provincial Governor and a Secretary to the Prime Minister. Contrary to what has been said or done, the present regime seems to be treating themselves to luxuries.

During the recent floods, another supplementary estimate of Rs. 369 million was proposed to the Parliament, this time to allocate money for vehicles to be given to lawmakers and to renovate their official residences.

Therefore the total amount allocated to buy vehicles mainly for ministers, deputy ministers and senior public officials summed up to Rs. 1,200 million. Yet, fortunately, although the aforementioned amount was then suspended due to the disaster situation, it has already been approved as in most instances.

During the recent floods, another supplementary estimate of Rs. 369 million was proposed to the Parliament for vehicles

The people in this country have been misled - Nagananda Kodituwakku

In his comments, Attorney-at-law Nagananda Kodituwakku said that these elected representatives have given a pledge to work in accordance with the Constitution. “They have pledged to be faithful to the citizens who came forward to elect them. Everybody from those in the Cabinet to lawyers, judges and other government officials should work according to the Constitution once elected to office. But from what I see, the people in this country have been misled. Vehicles have been given to ministers to perform their duties and work efficiently. But this doesn’t mean that they should be buying and selling permits at their own will. From what I found, although it was said that 45 vehicles were imported on tax-free permits another 46 of them have arrived. So the count goes up to 91. This shows that ministers are given tax-free permits to make money.

45 vehicles were imported on tax-free permits another 46 of them have arrived. So the count goes up to 91. This shows that ministers are given tax-free permits to make money

Prices of essential goods are being increased and people are unable to bear the high cost of living. If someone gets down an ordinary car from India, the tax is Rs. 2 million. In Sri Lanka, the tax on a motor vehicle is 300% more than that in Britain and this keeps increasing every year. So where does the democracy in this country stand? Even those MPs who say that they haven’t used their perks and benefits seem to be doing the opposite. Therefore our officials lack honesty, integrity and loyalty.”

Please refer to the 2015/16 breakdown of tax rates given in graphs:

President and PM don’t seem to be ashamed of misusing money - Wasantha Samarasinghe

Speaking to the Daily Mirror, JVP politburo member Wasantha Samarasinghe said that the President and the Prime Minister don’t seem to be ashamed of misusing money in this way. “The people displaced and affected by the Meethotamulla tragedy were given a small compensation and they spent Rs.330 million to bring down vehicles. This is ridiculous. They are misusing people’s money. Many luxury vehicles were brought down during the CHOGM event and nobody knows what happened to those vehicles. It is shameful to see such abuse of power and misuse of people’s money.”

Pilots Guild Accuses SriLankan Airlines Board Of Gifting CEO Ratwatte A Flying Scholarship – Cost To Tax Payer Around US $ 50,000

JUNE 28, 2017

The Airline Pilots Guild of Sri Lanka has accused the entire Board of Directors of SriLankan Airlines of violating company procedures and awarding CEO Capt. Suren Ratwatte, complimentary training and rating to the fly the Airbus 320 aircraft which is now costing the tax payer approximately US $ 50,000.

CEO – Suren Ratwatte

In a hard hitting letter addressed to Capt. Rajind Ranatunga the Head of Flight Operations, the ALPGSL President Capt. Venura Perera, raised many questions regarding this unprecedented move taken by the Board of Directors.

The submission of the letter triggered due to the interference caused by the CEO into his own ongoing training, is where he got down Ground School Instructors to his office at the World Trade Center to conduct theory lessons for him in private and more importantly hand picking Capt. Ranga Amadoru to be his Line Check Pilot for his initial Line Check Flight scheduled for 12th of July 2017.

However the letter further elaborates as to how the Board of Directors have also violated company procedures in facilitating what the Pilots Guild deems as a scholarship granted to CEO Capt. Ratwatte.

The Pilot Guild in their letter states: “At this juncture we wish to remind you that the CEO was accepted into the coveted Tech Crew cadre of SriLankan Airlines beyond protocol: without him having to face the rigorous intake procedure that all Captain’s face irrespective of their skills and expertise elsewhere. Needless to say the company has recruited many Captains with superior flying capabilities and better track records, all of whom have gone through this process as it is the accepted standard by the company. It is also noteworthy that the Tech Crew trained by the company is bonded or the trainee bears the training costs whereas this appears to be a scholarship offered to the CEO. In which case may we kindly know for what merit or on what grounds he has been offered such an opportunity? It would have been worthwhile and productive if this opportunity had been offered to a young pilot”‘.

Meanwhile Colombo Telegraph reliably learns that prior to CEO hand picking Capt. Ranga Amadoru as his own Line Check Pilot, he had also handpicked two Ground Training Captains Pujitha Jayakody Jnr and Rakhitha Wijeratne. Further the CEO Capt. Ratwatte had also obtained the services of Capt. Mohan Pragasam to conduct his Simulator Training and Capt. Nimal Rambukwella to conduct his Simulator Check.

As the CEO Capt. Ratwatte has not flown for the last two years it has been made mandatory that he completes the full conversion course to enable him to fly the smaller single aisle A320 aircraft.

A member of the Pilots Guild speaking on condition of anonymity as he is barred from speaking to the media said “The entire Board of Directors has violated the mandate used in the recruitment of Pilots and for no value have wasted tax payers monies. Even the Non-Executive Directors Rajan Brito, Rakhita Jayawardena, H.C De Silva and H.K. Balapatabendi, who recently portrayed to be the good cops on the board, when they leaked a letter addressed to Chairman and copied it to the Secretary of the Ministry of Public Enterprise Development are also guilty in this case, as they collectively awarded this scholarship to the CEO. Will he be a productive flyer and complete the required minimum 70 to 80 flying hours per month? With no bond signed, how will the company recover the money spent on his training if in the event he quits his job or is fired tomorrow? He was recruited as a CEO and is being paid Rs 3.5 million a month according to what our Chairman Ajith Dias declared to the Cabinet Ministers. We need him to be making good operational decisions in his current capacity as the CEO and not be warming the cockpit seat. Is this the change we really wanted when we voted the Yahapalanaya government into power? I certainly dont think so”.

However with many blatant flaws now exposed into how this scholarship has been accorded to the CEO and the manner of how the training has been conducted, it may necessitate the Ministry of Public Enterprise to conduct a thorough investigation as was similarly done when the former first son Namal Rajapksa was accused of cheating during the final Law College examinations.