Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Sunday, July 30, 2017

Republicans’ failure to ‘repeal and replace’ Obamacare may cost them at the ballot box

Senate Republicans failed to pass their ‘skinny bill’ that would repeal parts of the Affordable Care Act on July 28. Three republicans, including Sen. John McCain (R-Ariz.), voted against the bill. (Video: Amber Ferguson/Photo: Melina Mara/The Washington Post)

 

The Republican Party’s seven-year quest to undo the Affordable Care Act culminated Friday in a humiliating failure to pass an unpopular bill, sparking questions about how steep the costs will be for its congressional majorities.

While lawmakers have not completely abandoned the effort, they are now confronting the consequences of their flop. Not only has it left the GOP in a precarious position heading into next year’s midterm elections, but it also has placed enormous pressure on the party to pass an ambitious and complex overhaul of federal taxes.

Strategists argued for months that Republicans risked more by not acting and alienating their conservative base than by passing an unpopular repeal bill that could turn off swing voters. They now live in the worst of both worlds — with nothing to show for seven years of campaign promises, even though dozens of vulnerable lawmakers cast votes that could leave them exposed to attacks from Democrats.

“This is an epic failure by congressional Republicans,” said Tim Phillips, president of the conservative Koch network group Americans for Prosperity. “But it’s time to pivot to tax reform. There’s no time to pout.”

In the moments after the bare-bones repeal bill failed early Friday morning, Senate Majority Leader Mitch McConnell (R-Ky.) said it was “time to move on.” But there seemed to be little stomach afterward among Republicans on Capitol Hill for acknowledging outright failure on their top campaign promise.
Senate Majority Leader Mitch McConnell during an all-night session to consider the Republican health-care bill on Thursday July 27, 2017. (Melina Mara/The Washington Post)

Lawmakers did agree, however, that when they return to Washington after Labor Day, they must succeed in their rewrite of the tax code after seven months that have seen too many of their top agenda items untouched.

“We’ve asked the voters for a lot,” said Rep. James B. Renacci (R-Ohio), who is leaving Congress after his current term to run for governor. “They’ve given us the House. They’ve given us the Senate. They’ve given us the presidency. It’s time to give them something back and get something done.”

Off the Hill, the collapse of the repeal effort has left conservative activists fuming about how the GOP could have flinched and pondering payback for the party establishment — particularly several moderate senators who voted for ACA repeal legislation when it had no chance of becoming law only to balk when it did.

In campaign after campaign since the ACA was enacted in 2010, GOP candidates used pledges to “repeal and replace Obamacare” to gain majorities in the House and Senate, and President Trump promised to unravel the law as one of his first acts in office.

Instead, Republicans have continually failed to coalesce around an alternative — vividly demonstrated by the dramatic failure of the “skinny repeal” on the Senate floor early Friday morning. They appear trapped in the fallacy of sunk costs: Having invested so much political capital in the ACA’s repeal, they cannot possibly abandon it.

Numerous House lawmakers leaving a closed-door Republican conference meeting hours after the Senate bill collapsed said that efforts to undo the increasingly popular health law would have to continue.

“I am disappointed and frustrated, but we should not give up,” House Speaker Paul D. Ryan (R-Wis.) declared.



Rep. Mark Meadows (R-N.C.), the leader of an influential bloc of House conservatives, insisted a deal was still within reach and said he’d approached key senators. And while Trump said he would “let Obamacare implode,” he also urged senators on Twitter to jettison their filibuster rules to pass “really good things.”

But key figures warned Republicans to move on before the health morass sinks the rest of the party’s agenda — most importantly, the tax overhaul.

“Quarantine it,” said Josh Holmes, a GOP strategist and former chief of staff to McConnell who coined the “repeal and replace” mantra in 2010. “You can let it destroy your entire agenda and your entire party as a result of inaction by continuing to dwell on something that, frankly, they’ve proven unable to do.”

But conservative activists have been furious in the aftermath of the repeal vote and have cast about for ways to punish those they consider responsible.

The three Republican senators who cast the decisive votes on Friday — Susan Collins of Maine, John McCain of Arizona and Lisa Murkowski of Alaska — are largely immune to immediate electoral consequences. Murkowski, who withstood public pressure from Trump, is less than a year into a six-year term; McCain, also reelected last year, is battling an aggressive form of brain cancer; and Collins, who has not faced a serious primary threat since 1996, next stands for reelection in 2020 and is considering a run for governor next year.

But activists are still angry that several other Republican senators — Dean Heller (Nev.), Lamar Alexander (Tenn.), Shelley Moore Capito (W.Va.) and Rob Portman (Ohio), as well as McCain and Murkowski — voted for an ACA repeal measure in 2015, when President Obama was certain to veto it, but opposed an almost identical measure this week knowing Trump could sign it into law.

“That level of cynicism is breathtaking, even in the political world,” said Phillips of Americans for Prosperity, which helped drive the public backlash to the ACA ahead of the 2010 Republican congressional wave.

Only Heller faces reelection next year, however, and he has yet to attract a conservative primary challenger despite emerging as a key swing vote who pushed to reduce the scope of the Senate’s efforts.
Adam Brandon, president of the conservative activist group FreedomWorks, said Heller “opened himself wide open” to a primary challenge: “By bending over backwards to save Medicaid expansion, to preserve the fastest-growing entitlement program in the United States, what conservative, Republican, libertarian constituency were you serving?”

Brandon, whose group deemed the turncoats “Freedom Frauds,” said the events of the past months have revealed a party with a double standard in handling its right flank versus its more moderate faction.

Had the Senate’s leading conservatives tanked the health bill, he said, “they would be recruiting someone to primary Mike Lee and Rand Paul and Ted Cruz, but that’s not happening” with Collins, McCain and Murkowski. He also suggested that the committee chairmanships held by the trio ought to be at risk.

In the House, the political challenge posed to Republicans is the opposite: Dozens of members targeted for defeat by national Democrats voted for the American Health Care Act, the GOP bill judged by the Congressional Budget Office to result in higher premiums for older and sick Americans.

Democrats made clear they intend to use that vote in their 2018 campaigns, even if the bill was never ultimately made law.

“House Republicans can’t turn back time and undo the morally bankrupt vote they took to kick 23 million Americans off their health insurance, impose an unfair age tax and cause skyrocketing premiums,” said Tyler Law, a spokesman for the Democratic Congressional Campaign Committee.

 “Speaker Ryan and all House Republicans own their disastrous bill, and it will certainly haunt their imperiled Republican majority in 2018.”

On the flip side, House Republicans who cast votes for the bill cannot point to any finished product that might motivate more conservative voters. Rep. Steve Stivers (R-Ohio), the chairman of the National Republican Congressional Committee, insisted that the circumstances surrounding the health bill would actually work to the GOP’s benefit.

“Our base knows what we did,” Stivers said. “But it also isn’t going to become law, so . . . I think they have a hard time really punishing our members for some theoretical details.”

A handful of moderate Republican lawmakers said Friday they would be open to pursuing a bipartisan fix to the ACA. But for most rank-and-file Republicans, the approach is simple: Never say die.

“It’s only a defeat if we surrender,” said Rep. Barry Loudermilk (R-Ga.). “Look, the U.S. Navy was devastated at Pearl Harbor, but three years later the Japanese surrendered to us. . . . The history books of America are marked by us rebounding from defeat and turning it into victory. We’re going to keep pushing.”

Inside the closed-door conference meeting Friday, Rep. Bruce Poliquin (R-Maine) showed his colleagues clips of early Atlanta Falcons touchdowns in this year’s Super Bowl — a game won by the New England Patriots after a furious 25-point comeback.
Plenty of House members showed a willingness to hang the health bill’s failure on the Senate, which due to its filibuster rules has yet to take up or pass dozens of significant House bills. In a final meeting before a five-week summer recess, Ryan told his colleagues that they represented the most functional branch of government.

But several House members said they were skeptical House Republicans would be able to separate themselves from the other chambers’s failure and feared that they, too, would suffer from a dejected GOP base.

Rep. Mike Bost (R-Ill.), who represents a blue-collar downstate district Democrats are heavily targeting in 2018, said he rarely encounters a constituent who airs frustrations with a particular chamber.


“They never say, ‘Well, it’s the Senate or the House.’ What they say it is, ‘It’s Congress,’” he said. “I can’t change who the Senate is, okay? But I can keep doing my job, and that’s what I intend to talk about.”

Slimy slugs inspire 'potentially lifesaving' medical glue

Slugs were the inspiration for a new kind of super-sticky bio glue
Dusky Arion slugSlug-inspired adhesive
Slug-inspired adhesiveDusky Arion slug
An adhesive inspired by slugs

BBCBy James Gallagher-28 July 2017
A defensive mucus secreted by slugs has inspired a new kind of adhesive that could transform medicine, say scientists.
The "bio-glue" is incredibly strong, moves with the body and crucially, sticks to wet surfaces.
The team at Harvard University have even used it to seal a hole in a pig's heart.
Experts have described the glue as "really cool" and said there would be "absolutely huge demand" for it.
Getting something to stick to a damp surface has been a huge challenge - think what happens when you get a plaster on your finger wet.
The university's Wyss Institute for Biologically Inspired Engineering turned to the "Dusky Arion" slug, which creates sticky mucus as a defence against predators.
"We engineered our material to take on the key features of slug mucus and the result is really positive," researcher Dr Jianyu Li said.
The bio-glue they produced has two components - the actual adhesive and a biochemical "shock absorber".
The incredible stickiness comes from the trinity of the attraction between the positively charged glue and negatively charged cells in the body; covalent bonds between atoms in the cell surface and the glue, and the way the glue physically penetrates tissue surfaces.
Slug-inspired adhesiveAn adhesive inspired by slugs
But it is the shock-absorbing component that is crucial - it takes the physical stress and strain, so the adhesive component stays stuck.
Experiments, published in the journal Science, show the glue is not toxic to living tissue and is three times stronger than any other medical adhesive.
Dr Li told the BBC News website: "I'm really amazed by this system. We have solved a big challenge and opened up big opportunities in the medical setting.
"The applications are pretty broad - the material is very tough, stretchy and compliant, which is very useful when you want to interface with a dynamic tissue like the heart or lungs."
It could be used as a patch on the skin or as a liquid injected into wounds deeper in the body.
There are also ideas about using it as a way of releasing drugs to specific parts of the body or to stick medical devices to organs like those to help the heart beat.
The glue adheres to a surface within three minutes, but then gets stronger. Within half an hour it is as strong as the body's own cartilage.

'Huge demand'

Dr Chris Holland, from the department of materials science and engineering at the University of Sheffield, said: "It's really cool, I must admit.
"It is clear it outperforms the alternatives on the market and oh my goodness, there is potentially absolutely huge demand.
"They are still at an early stage, but this kind of thing could be part of a surgeon's standard kit."
But there is not yet a technology ready for medical use.
So far it has proven its capabilities mechanically in the laboratory, in tests on rats and by sealing a hole in a pig's heart through tens of thousands of simulated heartbeats.
The Wyss Institute, which has applied for a patent, says the glue is cheap to make.

'Life-saver'

It is also working on biodegradable versions that would naturally disappear as the body heals.
Prof John Hunt, the research theme lead for medical technologies and advanced materials at Nottingham Trent University, told the BBC: "The need for new adhesives as glues or tapes is clear to all healthcare providers.
"This one has the potential to improve healthcare and save lives.
"This research is really exciting [but] the detail of the biocompatibility will need to go beyond what is presented in the paper to guide the long-term clinical efficacy, safety, and therefore the real medical applications."
Follow James on Twitter.

Saturday, July 29, 2017

Sri Lanka’s Conflict-Affected Women: Dealing with the Legacy of War

  Quotas with ‘zipping’ for women in local government
01The Quota for Women in Local Government: A pledge for parity and a parody in parliament?

The Quota for Women in Local Government: A pledge for parity and a parody in parliament?

logo Friday, 28 July 2017

The other day I met a woman who is a card-carrying member of a major political party. She is the president of the midwives association in her area. She exuded leadership. She has so much to share with her community about health, lifestyles and other matters, and that has given her a self-confidence which is evident. With all this, she was telling me about the difficulties she is having with the incumbent party leadership in her area. Worried about her rise, her own party boss is putting every obstacle in her way. This kind of Neanderthal behaviour is apparently commonly experienced by women in the lower echelons of parties. Without quotas, these women will be constantly yielding to political incumbents and their mediocre progeny.

I push for quotas with some unease, but her case tipped me towards a passion for the women’s quota in local government. We have fewer women in local government (apparently less than 2%) than in Parliament, which has 13 out of 225 or 6%. Female relatives of politicians do not waste their time with local government. They start high at the provincial council or national level. Women of this calibre who aspire for local leadership should be given every legislative boost possible.

Quotas as tools

Quotas are the best tools for achieving equity in representation when social norms are stacked against women in active politics. Many Asian countries including Indonesia and Bangladesh have created seats which are reserved for women nominated through party lists. It is like a national list dedicated to women.

Another method is to zip the national list or party lists. Zipping a list is to alternate the names of females and males on a party list, often starting with a woman’s name at the top. This way, returning close to 50% or more women through lists can be assured without creating a separate list for women. In both of these quotas, the idea is that women would be acclimatised to the political arena as list MPs and would begin to contest on their own.

In Sri Lanka, given the education levels of our women, we should go a little beyond, at least in local government, and ensure that women get a chance at the ground level first-past-the-post (FPP) contests too. One way to do this is to set aside certain seats as women-only seats. Another method is to mandate that a certain percent of FPP candidacies have to be given to women.

A 25% reservation is already legislated

Two key amendments that define the existing local elections laws are the Act No. 22 of 2012 and the Act No. 1 of 2016. The former was legislated to change the PR system to a mixed member parallel system. Act No. 1 of 2016 was an add-on to increase women’s representation. The latter legislation uses a list dedicated to women-only as in Bangladesh or Pakistan. However, the electoral method used in the Acts and the way it is formulated through them makes implementation difficult and the Elections Commission has asked a for large number of changes to the legislation.

A different mixed-member system on the agenda

In the meantime, small parties are taking the opportunity to ask for a different mixed member system which they feel is less disadvantageous to them. A major challenge for the legislators is to accommodate the 25% guarantee which is in the present legislation. Small parties are requesting a switch to what is called the Mixed-Member Proportional (MMP) system. I too feel it is a cleaner method than the one now in the books.

According to the mixed member methods, the nomination papers submitted by a party for a 20-member council has to have two sets of names – the names of those contesting in each of the wards, followed by the names of additional members to be returned from lists. FPP results can be highly disproportionate to the actual distributions of votes to parties. The additional members are returned to bring the system closer to proportionality.

For MMP systems to work, a 60:40 ratio of “FPP seats to list seats” is prescribed. We worked out the scenario for a 20-member council where three parties, A, B and C, are contesting for 12 FPP seats and eight compensatory PR seats to see how women’s quota will work out.

Quota to ensure FPP opportunity

Currently it is very hard for women to get on any candidate list. What is proposed by parties right now is a small quota of 10% or a minimum of one FPP candidate per local authority.

If a party does not go beyond the statutory requirement of 10%, the first half of the nomination paper would look like Figure 1.

Zipped party List to guarantee close 25% representation

02Although it is not on the agenda, a zipped list would help legislators get close to 25% overall representation for women. If zipped lists are mandated and such lists start with a woman’s name, 50% or more of the women returned from lists will be women.

Our simulations show that women can be assured of 20% representation, but in some cases the representation can be as high as 40% depending on the way the votes are distributed across the parties. In a few cases, the representation can go down to 18% due to vagaries of arithmetic and voting patterns.

Correction for reverse sex discrimination 

The quota for women in this manner, however, makes it almost impossible for a man to be elected from a small party. For example, in local elections held over five years ago, the JVP received one to two seats in several local authorities through the PR system operative then. If the mixed system is to be used, JVP is unlikely to receive any FPP seats, but will get 1-2 list seats in selected local authorities, if past voting patterns are a guide. In cases where JVP gets one list seat only, the men the in the party would almost have no way of being elected from those local authorities.

A correction would be to allow the secretary of any party that “does not win FPP seats and wins only one list seat” to override the list and make a selection from the full list of candidates.

Increased size of councils is still a concern


The demarcation process has yielded 5000+ wards in the local government system. New proposals at the insistence of small parties is set to increase the FPP to PR ratio to 60:40, making the final number of councillors rise to almost 8000+ from the present 4853.

If the council sizes are to be doubled we might as well fill the new 3500+places with women! Therefore, I would suggest that we increase the FPP quota from the present 10% to an appropriate percent to ensure that almost all of the newly created seats are filled by women.

More lawyers push BASL over judicial independence et al


Kodituwakku


Kodituwakku

by Shamindra Ferdinando- 

A section of the Bar Association of Sri Lanka (BASL) membership has called for special general meeting to discuss ways and means of preventing continuing intimidation of judges, undermining of judicial independence, inordinate delay in implementation of laws and seriously disappointing administration of justice as well as rule of law.

A list containing 30 signatures of lawyers representing BASL branch associations had been tendered to Amal Randeniya, Secretary to the BASL, in addition to a list of 104 signatures submitted earlier seeking an early special general meeting.

A spokesperson for the group told The Island that the additional list had to be tendered in accordance with the Article 12 A of the BASL Constitution as the BASL had asserted the original list didn’t meet requirement to call for special general meeting.

The attorney-at-law said that as they were keen to take up issues pertaining to the judiciary, the BASL could provide for, what he called an opportunity to discuss contentious matters, including the appointment of defeated and rejected candidates through the National List on the basis of inclusion of a flawed clause through devious means to the Article 99A of the Constitution at the behest of the then President J.R. Jayewardene. The Article 99 A of the Constitution was meant to ensure that those who had been named in respective National List of political parties tendered to the Elections Commissioner in the run-up to parliamentary polls were appointed as National List members.

Attorney-at-law Nagananda Kodituwakku told The Island yesterday that he expected BASL to summon proposed special general meeting in early Sept as he was leaving for the UK over the weekend for a month long stay there.

Kodituwakku said he was pushing for a bench of ten Supreme Court judges to determine the writ application filed against the Commissioner of Elections on Oct 13, 2015 regarding the appointment of those who hadn’t been qualified in terms of the recommendations made by Parliamentary Select Committee (PSC) headed by the then Prime Minister Ranasinghe Premadasa.

Kodituwakku has complained that though his writ application should have been disposed of within two months filing of the case in terms of Article 104H of the Constitution, tangible measures were yet to be taken nearly two years after him seeking Supreme Court intervention.

On behalf of those who had been seeking BASL intervention to secure 10 judge bench on the National List issue, Kodituwakku, who also holds British citizenship, has written to Secretary General, Patricia Scotland, QC, Commonwealth of Nations, Commonwealth Secretariat, London.

Kodituwakku has sought a meeting with the Commonwealth Secretariat to discuss the situation here as Sri Lanka as a member of the Commonwealth couldn’t pursue policies detrimental to much touted Latimar Principles.

Commenting on his decision to take judicial independence here with the Commonwealth Secretariat, Kodituwakku said that the UK couldn’t turn a blind eye to what was happening here against the backdrop of UK committing funds to strengthen the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). Kodituwakku, in his latter, has explained the circumstances under which the change of government had taken place in January, 2015 and the subsequent failure on the part of the new administration to honour commitments given to the international community, including Britain.

Experts more in favour of Glyphosate ban!

Experts more in favour of Glyphosate ban!

Jul 28, 2017

The majority of experts attending the decisive meeting of experts held at the BMICH yesterday (27) on the ban on Glyphosate and the future of the tea industry, were of the view that until conclusive scientific evidence was available indicating that Glyphosate us is harmless, the ban on it should be further enforced and not relaxed.

The expert discussion organised by the Strategic Enterprise Management Institute was attended by Plantation Industries Minister Navin Dissanayake, Health and Nutrition Minister Rajitha Senaratne, Science and Technology Minister Susil Premajayantha, Senior Advisor to the President Ven. Athuraliye Rathana Thera,  Plantation Ministry Secretary B. Wijeratne, Chairman of the Strategic Enterprise Management Institute Ashoka Abhayagunawardena, Dr. Piyasena Abhayagunawardena, Dr. Ranil Senanayake, Chairman of the Sri Lanka Tea Research Institute and many others in the field participated.
Rajitha against Glyphosate!
Addressing the gathering, Health Minister Rajitha Senaratne said as a health professional and dentist he was totally against the use of Glyphosate. He said it is an accepted norm that if any substance is found to be harmful to human health, then its use should immediately be stopped. He said he is of the opinion that until scientifically proved safe, he is in support of the ban.
Glyphosate contributes to climate change – Dr. Anil
Expressing his views, Dr. Anil Senanayake said by the use of Glyphosate as a weedicide in the hill country, it destroys the parasites in the soil and degrades that soil composition. This reduces the water retention capacity of the soil which in turn can have drastic environmental effects. He further pointed out that when Glyphosate the human body, it destroys the parasites within the human gut which also has a negative impact on humans. Hence, he said priority should be given to human health.
Disadvantages overrules gains – Athuraliye Rathana
Ven. Athuraliye Rathana Thera pointed out that the disadvantages in using Glyphosate far exceeded the advantages. He said the annual income from the tea industry is around1.5 billion and around 75% of this income is from the tea small holders. Rathana Thera pointed out that the previous government too had banned Glyphosate but had lifted the ban that same evening. He said it was saddening that the government was contemplating lifting the ban on Glyphosate while banning it was the only decision taken by the government for the benefit of the country.
My stand is only to protect the tea industry – Min. Navin
Meanwhile expressing his views at this discussion, Minister Navin Dissanayake said his only and primary concern was to safeguard the 150-year-old tea industry. He said the committee of ten members  were appointed to come to a decision on the use of pesticides and weedicides, while 7 of them had approved the use of it and as such he would accept the report.
However, the minister said if the use of Glyphosate is in any way harmful to humans, he is willing to consider an alternative and is in favour of the ban.
What is the alternative?
Representatives of the Tea Research Institute as well as the Tea Small Holders Association wanted an alternative in the event Glyphosate is banned.  
All University Professors, Doctors and other professionals were adamant that Glyphosate should be banned.
It was their view that many developed countries had already banned the use of Glyphosate and pointed out that focus should be on the use of biological alternatives to using harmful pesticides. They said this method is being used in developed countries and said everyone needs to make certain sacrifices for the welfare of mankind.

Calamities conjure concerns for child care

  • The stereotypical nature of the human mind may cause the term ‘adoption’ to pop into thought
  • Concerned authorities call for ‘Child care reforms’ due to the presence of institutes not conducive to the healthy development of  children
  • Foster care is parenting given to a child by an adult who may or may not be related as a member of the family.
2017-07-28
Devastation struck Sri Lanka on December 26, 2004 leaving behind a morbid atmosphere in the country. That was the year of the tidal wave. The tsunami brought in waves of destruction, drowning the entire island in cries of grievances and tears of lamentations. Among those lost in the lamentations of the departure of loved ones and engulfed in a sense of destitution and despair were children. Many children were left displaced due to the untimely demise of their family members whose lives had been engulfed by the depths of the dark water catastrophe.  

 2017 has been yet another year where the people have been facing a string of natural catastrophes where many lives were once again lost. The eruption of natural calamities in the country leaves us with restlessness, as a country smack in the middle of the Indian Ocean is very much prone to facing the fury of Mother Nature. We can be assured that this isn’t the last time that we will hear of such events. In the wake of disaster, the vulnerable victims to suffer emotionally are women and children. Children are especially at risk when disaster strikes as they face the probability of being displaced when the lives of their parents or caregivers are taken away. The past turn up of adverse natural phenomena this year has rung the alarming bells calling for the promotion of child care reforms. This is largely due to a proper care mechanism for children not being in operation in the country. This can be an inconvenience especially when a child displacement occurs during a natural disaster, something we have experienced in the bygone days this year.  

SOS Children’s homes Sri Lanka (SOS CVSL), an organization ever engaged in endeavours carried out for the betterment of children throughout the island, yet again pursues another advocacy effort. This organization is calling to attention the appalling need in the promotion of care reforms to be exercised in the case of children displaced or orphaned in the country, especially at a time of natural calamity. SOS CVSL National Advisor for Advocacy Chathuri Jayasooriya, stressed that it’s during times of disaster that the importance of child care reforms are most highlighted and called for. “Care reforms are a dire need for child welfare in the country as a whole. The recent natural disasters which have left many children displaced, call for them urgently,” stressed Jayasooriya.
The present mechanism of alternative care we find here isn’t child friendly, especially within the context of institutionalization. Secondary victimization within institutionalization is also not uncommon 
Basically, a child receives the care and protection of its parents or guardian. But in the instance that a child is deprived of its caregiver- be it a parent or a guardian-due to an unfortunate event, the child has to be placed in alternative care. There are various forms of alternative care that a child can be placed under. These forms vary according to the needs of the child. Section 35 of the Children and Young Persons Ordinance (CYPO) articulates two forms of alternative care for children deprived of their present caregivers and thereby deprived of care and protection. One alternative is the most resorted to residential care in a children’s home while the other is the placement of the child with a ‘fit’ person. A ‘fit’ person, as we call it, is referred to as one who provides foster care to a child who could either be a relative or non-relative willing to undertake care of the child. Foster care is parenting given to a child by an adult who may or may not be related as a member of the family. Although parental care is provided to the child in foster care, it’s only a temporary assumption of parental responsibility. However, the duration of the fostering period could range from a short period to as long as a number of years. Unlike in the case of adoption, permanent parental rights won’t be acquired by the caregivers under both methods of alternative care. These caregivers also won’t acquire the legal status of the child nor will the status of parents be altered. During the duration of placement, the parental responsibility of the child will be temporarily transferred to the manager of the children’s home or the ’fit’ person.   

According to Jayasooriya, the existing predominant form of alternative care in the country- which is the placement of children in children’s homes- has created a sense of institutionalization within its framework. This has provided an ill wind on the holistic development of the child, stunting it in the process. “The present mechanism of alternative care we find here isn’t child friendly, especially within the context of institutionalization. Secondary victimization within institutionalization is also not uncommon. Although the UN guidelines discourage children under three years being institutionalized, this is rampant in our setting,”explained Jayasooriya. 

Exploring other methods of alternative care is essential to move away from institutionalization. Foster care has yet to be given serious consideration. The national advocacy advisor of SOS CVSL stated that while foster care provided to a child under a relative is practiced in the country, foster care by a non-relative isn’t much in effect in our social setting due to the obstacle of monitoring limitations. “Despite legal provisions being made in the CYPO for the implementation of children being placed with fit persons-through the probationary care procedure- the actual implementation lacks muscle. Although the mechanism is presently used in kinship foster care, it’s virtually not exploited in the case of non-kinship care due to monitoring challenges,” she said. But Jayasooriya envisions foster care as a concept that could be encouraged, but must be properly monitored especially in the wake of natural catastrophes that displace many children by depriving them of their families and homes. She further stated that foster care has proven to be a successful form of alternative care in countries such like Georgia, Malawi and Moldova.   

Avoiding institutionalization isn’t easy, but when horizons are broadened, practical possibilities do cross the mind. Group foster care is one such child friendly method. Its model is similar to that adopted by the SOS children’s villages. “It enables children to enjoy the comfort of a family, though not necessarily a biological one,” said Jayasooriya further adding that the sense of kinship created within such a system with fellow ‘siblings’ has a positive psychological impact on children.  
The stereotypical nature of the human mind may cause the term ‘adoption’ to pop into thought when the subject of alternative care is brought up. Adoption is considered another form of alternative care for children, but this option involves a permanent change in the legal state of the child and the parent. Adoption in certain scenarios also proves to be emotionally exhausting. “This is a very lengthy judicial process which could cause psychological dilemma to both the child and the adoptive parents,”explained Jayasooriya.

No form of alternative care outshines the other and no form of alternative care is deemed better than the rest. Each option is withheld in its own ground of benefits and which alternative is decided most suitable depends on the circumstance and differs from child to child. What has to be ensured is that the sprouting of such institutions isn’t created within the framework of these child care alternatives, reinforced with systemic surveillance. “It’s indeed a very ambitious move with a lot of dialogue and commitment required from the state and other relevant stakeholders especially in terms of determining what kind of care is required and following up, assuring the best interest of the child,” she said. 
National Child Protection Authority (NCPA) Chairperson Marini De Livera too elaborated on the urgency of care reforms and the withdrawal from institutionalization. She asserted that the NCPA receives several complaints regarding various forms of abuse and anomalies taking place in children’s homes almost every day. She further stated that it’s crucial to move away from institutionalization and to explore other care options for children who have lost family care. “For the year 2017, nine complaints have been made to the NCPA with regard to abuse and anomalies in children homes. After taking up my position as chairperson of the NCPA, I visited the SOS villages in Sri Lanka and spent some time there. I was very impressed with the system of care that was being followed by SOS CVSL. The SOS concept is a far cry from most of the orphanages that are functioning in Sri Lanka which are sadly not conducive to the healthy development of the children who are living there. I fully endorse the need for child care reforms and this richly deserves unstinted support,”
De Livera said. 

He served beyond the call of duty

The Police Force pays their last respects to SI Sarath Hemachandra. Pictures by Rukmal Gamage  The Police Force pays their last respects to SI Sarath Hemachandra. Pictures by Rukmal Gamage

Zahrah Imtiaz & Maneshka Borham-Friday, July 28, 2017

The village of Kumarakatuwa in Chilaw lies almost 20km away from a main city. It is over 300km from Jaffna. But it is in Jaffna, that Sub Inspector (SI) Dhamhewage Sarath Hemachandra (51) of Kumarakattuwa spent most of his time during the last two years. For the last 15 years, he worked as the Security Officer of Jaffna High Court Judge, Illancheliyan Manikavasagar (54).

On Saturday (22), SI Hemachandra was killed by Selvarasa Jayandan (39), when the former tried to intervene in an argument the latter was having with his relatives. While the police have claimed that the attack was not pre-planned, Judge Illancheliyan maintains that the attack was targeted at him. Hemachandra, as far as he is concerned - is a hero.

Hemachandra who joined the police force on November 22, 1986, lived his whole life in the same house in Kumarakattuwa, as his parents. On Thursday (26), his final rites were performed within the very same half painted walls of the house, complete with a high tin roof and a wooden partition to separate a small hall into a living room and kitchen.

His father was a World War II veteran and his younger brother had retired from the Army after the usual time of service. His wife too was a police constable, she left her job soon after their first child was born. They have two children; a daughter of 16 and son aged 11.

IGP Pujith Jayasundera has offered, Hemachandra’s wife; Kumudu her old job back to which she responded in a favourable manner. She is to work at a police station close to home.
Joins the Force

“We met in Grade 6 at the Kumararatna Vidyalaya and have been friends ever since,” said Lionel Wickramasinghe as he stood up to speak at the funeral of SI Hemachandra.

The Vidyalaya, just over two kilometres from his home, was a central part of Hemachandra’s life and even after he failed his A/L exams, Hemachandra and Wickramasinghe would return to school to teach at its Sunday school.

“We did not have electricity then and we used to meet in his home to study under the kerosene lamp,” recalled Wickramasinghe further.

In 1986, as family economic conditions worsened, both Wickramasinghe and Hemchandra decided to join the Police Force.

“On November 22, 1986 we were chosen to the Force and sent to the training school in Kalutara for training. During that time, the war was raging and our batch of 31 was turned into a separate division and sent in for military training,” said Wickramasinghe.

Hemchandra and his batch mates were one of the first police officers to be given military training as frequent LTTE attacks of police stations and the worsening security situation in the country meant that the police too had to gear themselves to fight the war.

“In 1987, we were sent to the Kahatagasdigiliya Police station in Anuradhapura, we worked there for 10 years,” said Wickramasinghe.

As the war raged, the Indian Peace Keeping Force (IPKF) entered Sri Lanka in 1987 and as they prepared to leave, defeated in 1990, it was Hemachandra and his batch of militarily trained police that were sent to keep the peace in the North and East.

“We took over the Trincomalee Police station in 1991, after the IPKF left and together we worked for five years there. Thereafter, we were transferred to Wellawatte,” said Wickramasinghe.

After Wellawatte, Wickramasinghe and Hemachandra would part ways. The former soon opting for early retirement while the latter choosing to serve in the Judges’ Security division.

“Though we parted ways, every year we would meet on November 22 at one of the houses of our batch mates to celebrate the date we all joined the force,” said Wickramasinghe. Last year however, neither Hemachandra nor Wickramasinghe made it to the annual get together due to work commitments.

An unlikely friendship

The better part of the last 15 years, Hemachandra spent in the service of Judge Illancheliyan; as his Police Sergeant. As the judge progressed in his career, Hemachandra followed, all the way to the High Court of Jaffna.

He joined my service when I was in Vavuniya, at the height of the war, recalled Judge Illancheliyan,
“He safeguarded my life for six years there. Then I was transferred to Trincomalee for two years and he followed me there. Then to Colombo for six months, then Kalmunai, Trinco and when I was appointed as the permanent High Court judge of Kalmunai, he came there too. Then for the last two years we have been in Jaffna. For the last 15 years, he stayed with me in my bungalow, not in the Police barracks. Even during the nights, sometimes until 12am, when I used to work in my office, writing judgements, he would be sitting outside the door and would only go to sleep after I switched off my lights,” said the Judge sitting on the Veranda of Hemachandra’s house.

Despite such extraordinary service however, Hemachandra’s promotion only came after his death and for most of his career, he earned a salary close to Rs 30,000 per month.

At Kumarakattuwa, the Judge was accompanied by almost all members of the Judiciary in the North; judges, magistrates, court staff and lawyers from the North sat in the scorching heat of Chilaw to pay their last respects to Hemachandra.

“He was an exceptional man, he talked less and acted more. He always thought of my security and would not allow anyone to talk to me without my permission, but he never tried to control any Tamil people or talk to anyone outside of his official duty. He was a gentleman and trusted lieutenant, who has given his life to protect mine,” said Judge Illancheliyan.

“Even my food was checked by him and I would always follow his professional advice; if he tells me, ‘don’t go to that area, there is trouble there’, I wouldn’t go,” he added.
Just being humane

The death of his security officer had cut the High Court Judge deeply and as videos of him apologising in tears to Hemanchandra’s wife for the latter’s death went viral over the media, Judge Illancheliyan said to perceive his emotions within a racial prism was being limited in perspective.

“This is not a racial issue, this is what you call humanity. Racism has destroyed our humanity for so long. In my case, it is true that I am a Tamil Judge, but Hemachandra protected me not only in peacetime but also during the war. We were not thinking in terms of Tamil or Sinhala here,” he said.
His respect for the slain policeman has overflowed into all aspects of Jaffna society with students of the University of Jaffna too choosing to light candles in honour of Hemachandra.

“For the first time in the history of Jaffna, banners have gone up for a man in Khakki uniform,” said Judge Illancheliyan.

When asked if this what ‘true reconciliation’ looked like? The judge was quick to respond, “I don’t know about that, I don’t know about the politics of that.”

The High Court Judge speaking to Hemachandra’s family also promised to look after his two kids and treat them as his own and to do his best to provide them with a good education.
Those we trust are our closest kin

It is not often that the villagers of Kumarakattuwa see people from the North and East visit their homes and their presence at Hemachandra’s funeral was a welcome surprise to all.

“Most people here are those who worked with him. These people have come from so far, this alone speaks of the character and work of Hemachandra,” said Ariyadasa, his neighbour.

“These differences people tell us about the North and South are lies. These people have left their work and travelled all the way to pay their respects to Sarath Hemachandra, it seems that the he was able to bring the North and South together,” he added.

Delivering an anusasana at the funeral, the Chief Incumbent of the village temple said that out of birth, life and death, it is life that is the most important point in a man’s life.

“I believe that Sarath Premachandra fully appreciated and used his life for a good purpose,” the priest said, adding that Hemachandra did not confine himself and instead went over and beyond in performing his duties as a Policeman.

While saying that many people would attempt to obtain transfers back to their home towns, the priest pointed out that Hemachandra instead was willing to perform his duties in any part of the island in the toughest of circumstances.

“This was another instance where he utilised his opportunity at life,” he said.

Meanwhile, speaking about the close friendship between the Judge and Hemachandra, the priest said that their bond has once again proved that any loyal and trustworthy person is one’s relation or kin and not just one’s caste, creed or religion. “It is his loyalty that has evoked so much of emotion on the part of the Judge,” the priest said adding that this showed the calibre of man, Hemachandra was. 
 

Supreme Sacrifice!

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By Manekshaw-2017-07-29

'Shanthi' pooja a ritual performed to keep away the evil elements to begin any auspicious event was performed on Thursday (26) around the historic Nallur Kanthaswamy temple premises prior to the flag hoisting ceremony of the annual 25-day festival of the temple yesterday(28).

The ritual to keep away the evil elements also covered the spot on the Southern Gopuram street of the temple where the shooting incident occurred resulting in the death of Sub Inspector Sarath Premachandra, the Police bodyguard of the Jaffna High Court Judge M. Ilanchelian a week ago.

Soon after the separatist war ended in 2009, streamlining the civil administration along with strengthening the efforts of restoring law and order were prioritized with reopening the Police stations and Court houses in the war-torn Northern Province.

Prior to the mid seventies Government officials hailing from the Southern part of the Island considered serving in Jaffna as a great pleasure.

However, the calm and serene atmosphere of Jaffna Peninsula turned upside down with the emergence of Tamil militancy in the region.

Initially the armed struggle started with the 'hit and run' shooting incidents and the attacks carried out on the Police stations. Bank robberies and crippling of civil administration becoming the order of the day, Police personnel, particularly the innocent Tamil Police personnel became the soft targets for trigger happy gunmen identifying themselves as Tamil freedom fighters.

The massive attacks carried out in the early eighties at the Jaffna and Chavakachcheri Police stations with the looting of armouries at those stations led to the total collapse of the law and order paving the way for gradual increase of the Armed forces in the Peninsula.

However, it's nearly after thirty years with the end of the war some of the recent incidents in the Jaffna Peninsula have highlighted that stabilizing law and order still remain a huge challenge for law enforcement officials in the region.

A couple of weeks ago Northern Chief Minister C.V. Wigneswaran held a special meeting with Senior Police officials in the Jaffna Peninsula.

Chief Minister Wigneswaran who has been emphasizing on granting more Police powers to the Northern Provincial Council, pointed out the need of more young Tamil men and women joining the Police force to streamline the law enforcement activities more effectively in the Northern Province.
So, it was in the backdrop of the efforts having been mooted to strengthen the Police administration in the North, Jaffna High Court Judge's body guard Sub Inspector Sarath Premachandra died in the line of duty.

The untimely death of Sub Inspector Sarath Premachandra who had been a loyal Police officer serving High Court Judge Ilanchelian and the manner the High Court Judge reacting to Premachandra's death has very well highlighted that despite Illanchelian and Premachandra being from two different ethnic and religious backgrounds, the loyalty of Premachandra towards High Court Judge Ilanchelian was beyond his official commitments, and the Police officer was more a family member to the High Court Judge than his official bodyguard.

The US Ambassador to Sri Lanka Atul Keshap was one of the first dignitaries to announce that he was moved by the manner High Court Judge Ilanchelian wept before Sub Inspector Sarath Premachandra's wife and expressed his condolence to her when she arrived at the Jaffna Teaching Hospital to receive her husband's body.

People of all walks of life in the South were appreciative of the manner Ilanchelian paid his last respects to his bodyguard who had been in his service even during the time the judicial officer was serving in various parts in the Northern and Eastern provinces when the separatist war was in progress.

The attack on High Court Judge Ilanchelian's body guard Sub Inspector Premachandra has been carried out, when the Trial-at-Bar case of the murder of School girl Vithya Sivaloganathan is in progress with Ilanchelian being one of the three sitting judges.

The Jaffna Court complex building came under severe attack when the suspects arrested in connection with the Vithya Sivaloganathan murder was brought to the Court house under heavy security in May 2015.

The attack on the Jaffna Courts Complex even made the Former Chief Justice K. Sripavan visit the scene and make directives on ensuring the safety of the Court house.

So the attack on High Court Judge Ilanchelian's body guard Sub Inspector Premachandra while show casing the uneasy situation which still prevails in the post-war Jaffna Peninsula, the sentiments expressed towards the untimely death of Sub Inspector Premachandra in the North was immense.

It was for the first time the entire Northern and Eastern provinces have condemned the malicious attack on a Police officer from Southern part of the country and condoled with his family over his untimely death.

Therefore, the demise of Sub Inspector Premachandra was in every way a supreme sacrifice showing the path for peace and reconciliation which is still wide open to stabilize unity and integrity in the country.

‘We’ve been crying for 9 yrs.; at least now tell us about our children!’

‘We’ve been crying for 9 yrs.; at least now tell us about our children!’

Jul 28, 2017

In a situation in which justice is yet to be served with regard to abductions and enforced disappearances, much effort is to be made to obtain justice. War heroes who are behind patriotism and the war victory are covering up those abductions and disappearances. Instead of serving justice, human bonds are repressed. Now, rulers are faced with a situation in which they cannot disregard those rights of the community against it. They have to answer as to what has, and is, happening.

She is Saroja Naganathan, the mother of 17-year-old Rajiv, who was among the five youths who were abducted on 17 September 2008, just a day before he was due to leave for medical education abroad. Educated at Colombo International School, he was the only child in the family. In a land where pride of a 2,500 year history is being talked about, parents undergo untold suffering for their lost children, and their tears will not dry up. Tomorrow, you or I will inherit those same tears. When one is happy, another suffers untold suffering due to no wrong he/she committed.
 
 
Now, it is confirmed that the Navy had abducted Rajiv and his friends. Until 2011, Rajiv managed to telephone his parents and tell them of his whereabouts and the abductors. Therefore, it could not remain mystery, but justice is yet to be served.
 
“My son told me that he would remain with me the entire day, as he was to leave the next day. They were eating and drinking when someone called and asked Dilan to come. They left in our car. They haven’t returned until today. Children who did no one any harm were seized from us.”
 
 
They went everywhere and sought everybody possible in search of their children, but everybody evaded them. These parents vouch that there was no political motive behind their abductions, and ransom was the only intention. Rs. 10 million was demanded to free Rajiv. Former Navy spokesman Commodore D.K.P. Dassanayake is under arrest over suspicion that he was involved. The boys had been kept at the Navy camps at Chaitya Road, Colombo, Welisara and in Trincomalee. Former Navy commander Wasantha Karannagoda briefed the parents about the incident. But, no good came. In a society that claims to respect human rights and democracy, such insecurity should not exist.  When will they be served justice?
 
The loss of their loved ones has tired them more than enough. They still hope that their children will return. Everybody should understand the pain in them.
 
 
Ashika Brahmana/Nishantha Priyadarshana