India: Regional HR group condemns the arrest of Medha Patkar

The following statement issued by the FORUM-ASIA, a regional rights group based in Bangkok

(August 10, 2017, Kathmandu/Bangkok, Sri Lanka Guardian)  The Asian Forum for Human Rights and Development (FORUM-ASIA) strongly condemns the arrest of Indian human rights defender Medha Patkar, who has been sent to jail yesterday evening after being discharged from the Bombay Hospital, and the current illegal detention of nine other activists at the Dhar District Hospital.

Medha Patkar and her supporters have been on an indefinite hunger strike since 27 July 2017, demanding the rehabilitation and resettlement of families affected by the construction of the Sardar Sarovar Project (SSP) dam on the Narmada River.

On 7 August 2017, she and other protesters were forcefully taken away from the protest site of Chikalda, in Dhar District of Madhya Pradesh.Nearly 2,000 police personnel were mobilised to forcefully disband the on-going peaceful protest. The police used force to break the pandals,[1] as well as the stage, chairs and rope fencing at the protest site. When women protesters tried resisting the arrest of Medha Patkar, they were beaten and manhandled by male policemen, causing physical injury. After the raid of the police, she and nine other activists were brought to different hospitals, where all of them were de facto detained and left incommunicado.

On 9 August 2017, after being discharged from the hospital, Medha Patkar tried to return to the protest site of Chikalda to meet with the people affected by the SSP Dam. While on her way, she was stopped by the police and placed under arrest, as she refused to produce a surety bond.

‘The right to freedom of assembly and peaceful protest is a human right and not a privilege. This right should be exercised without arbitrary interference from the State’, says John Samuel, Executive Director of FORUM-ASIA, ‘Excessive use of force by the police, as well as arbitrary detention, violate fundamental human rights and must be investigated to assure the accountability of the police personnel and all authorities in charge’.

Medha Patkar is the leader of the social movement Narmada Bachao Andolan (NBA), which through its 31 years of struggle, has managed to get the land that was promised through the land rehabilitation for approximately 14,000 tribal and Dalit farmers and their families – especially those from Gujarat and Maharashtra. However, the status of rehabilitation has been slow, as the submergence started in 1995 and in 2016, more than 40,000 families are still awaiting their rightful rehabilitation.

FORUM-ASIA urges the Government of India to immediately release Medha Patkar from jail and ensure the full release of all other activists illegally kept at the Dhar District Hospital. Furthermore, FORUM-ASIA calls for animmediate, thorough, transparent, and impartial investigation into the excessive use of force by the police and the violation of Medha Patkar and other activists’ fundamental freedoms.

About FORUM-ASIA:

FORUM-ASIA is a regional human rights group with 58 member organisations in 19 countries across Asia. FORUM-ASIA has offices in Bangkok, Jakarta, Geneva and Kathmandu. FORUM-ASIA addresses key areas of human rights violations in the region, including freedoms of expression, assembly and association, human rights defenders, and democratization.

For further information, please contact: FORUM-ASIA South Asia Programme,sasia@forum-asia.org

[1] A pandal is a large open-sided temporary pavilion often used for large gatherings.

Vitamin B3 may prevent miscarriages and birth defects, study suggests

Study finds taking niacin might help prevent miscarriages

By Katie Silver-10 August 2017

Taking Vitamin B3 could prevent miscarriages and birth defects, a study on mice suggests.

Researchers from the Victor Chang Institute in Sydney called it "a double breakthrough", as they found both a cause and a preventative solution.

With 7.9 million babies born each year with a birth defect worldwide, the team hopes the benefits are wide-reaching.

But an expert said the findings "cannot be translated into recommendations" for pregnancy.

The researchers analysed the DNA of four families where the mothers had suffered multiple miscarriages or their babies were born with multiple birth defects, such as heart, kidney, vertebrae and cleft palate problems.

They found mutations in two genes that caused the child to be deficient in a vital molecule known as Nicotinamide adenine dinucleotide (NAD), which allows cells to generate energy and organs to develop normally.

Lead researcher Prof Sally Dunwoodie replicated these mutations in mice but found they could be corrected if the pregnant mother took niacin (vitamin B3).

"You can boost your levels of NAD and completely prevent the miscarriages and birth defects. It bypasses the genetic problem," she said. "It's rare that you find a cause and a prevention in the same study. And the prevention is so simple, it's a vitamin," she said.

Bypass genetics

Dr Katie Morris, an expert in maternal foetal medicine at the University of Birmingham, said: "While exciting, this discovery cannot be translated into recommendations for pregnant women, who at most may be deficient in vitamin B3.

"The doses used in this research were 10 times the recommended daily doses for supplementation in women."

She said the side-effects of this high dosage are not known, with pregnancy complications often occurring because of the complex interaction of a number of factors.

• 10 miscarriages in 10 years: One couple's heartbreak
• 'It's like someone has pressed pause on your life'
• Miscarriage and its effects on a grieving father

Prof Jean Golding, from the University of Bristol, called it a "solid piece of work" but cautioned against extrapolating too much from the findings, because they were based on the genetics of four families and mice.

For now, Prof Dunwoodie recommended pregnant women take a pregnancy-specific multivitamin, which includes the advised 18 milligrams of niacin.

"But, we're not all the same in how we absorb nutrients," she said, adding that body mass index and diabetes can influence how a woman produces NAD.

She added: "We don't know who these women are that don't make sufficient levels, so that will be the next thing to study."

ANOTHER BROKEN PROMISE BY SRI LANKA GOVT: UMA OYA PEOPLE CHEATED

Image: Hundreds of houses like this are  engendered by the project. ( Daily News photo) 

09/08/2017

Although 42 days have passed since thousands of victims of the Uma Oya ‘Development’ Project gathered at Bandarawela demanding justice, nothing has been done to assist them and thus creating the doubts about the sincerity of the Rs. 300 million compensation package promised by the President, Center for Human Rights (CHR) said issuing a press release.

Most of the directives of the President, approved by the Cabinet as well as the promises of the Three member Ministerial Sub Committee, have not been implemented on the ground. CHR Executive Director states that Badulla District Secretary Nimal Abeysisri, who has received a service extension, is ignoring the orders of the President.

For some reason Bandarawela Divisional Secretary Nihal Gunaratne, appointed as the additional District Secretary to implement the compensation package, has still not assumed duties.

Listed below is the assistance given by the government 42 days after massive protests in Bandarawela.

1. The progress on agriculture is nil. Not a single rupee has been paid as compensation for farmers in the last 42 days. Applications to request for compensation have not been distributed in Hali Ela, Uva Paranagama and Welimada until August 8.

2. Not a single house that belong to the government, promised to hand over to the people, have been given to the people.

3. Not a single tube well has been built. Although the Water Board commenced drilling they pulled back due to the directives of the District Secretary.

4. Not a single person has been paid over Rs 15 000 as house rent

5. Nothing has been done to construct alternative routes.

6. Not a single temporary shelter had been built.

7. Not a single thing has been done to ease the suffering of those now residing in several government buildings.

All this is due to the actions of a district secretary who is brazenly ignoring the orders of the President.

On August 7 and 8 Bandarawela has received some rain. It is believed that after 45 days of these initial rains, the north eastern monsoon season will commence. We fear that more than 15 000 people might be displaced due to the north eastern monsoon rains.

CHR urges the government to take immediate action to assist the victims of Uma Pya project before the north eastern monsoon rains.

• Press Statement issued by CHR Sri Lanka

How to Move Forward and Not Backwards?

Can a system of good governance (yahapalanya) be built on extreme neo-liberalism? My answer is no, based on both theory and practice of many countries.

by Laksiri Fernando- Aug 9, 2017

(August 9, 2017, Sydney, Sri Lanka Guardian) Criticisms on this government from most (not all) of those who supported or spearheaded a political change in January 2015 could not be taken as any effort to bring back the Rajapaksa rule again. Sri Lanka should move forward and not backwards.

Political or social changes in many countries are evolutionary, not revolutionary. Even if there are apparent ‘revolutions,’ those also should be taken within a long spectrum of evolutionary political/social development and not as absolute or abrupt discontinuities. Even in revolutions, there can be major setbacks.

After the French Revolution, the reactionary fall back was popularly called the ‘Thermidorian Effect.’ A similar setback occurred even after the Russian Revolution in 1917, a hundred years ago. These setbacks therefore are more understandable in a parliamentary context.

Understanding January Change

The January 2015 change came about through many contradictions. What can be most appreciated is the people’s resolve to oust the old regime. When we take the ‘people’ as the whole lot of men and women, young and old; they moved decisively at the polling day. Most admirable was the way the minority communities voted for the opposition candidate, Maithripala Sirisena, even with some reluctance. Therefore, the people were determined irrespective of their ethnicity or religion to change the regime.

Although there was some attachment to the old regime, among the majority community, because of its role in defeating terrorism, this became largely changed by August parliamentary elections. They learned through January experience that change is desirable and achievable. The country had to move forward. The 19th Amendment was a decisive progress. If there were no controversial bond scams during the period, the people’s support for a major parliamentary change could have been more decisive. The bond fraudsters gave a life line to the old regime, and still do so.

People’s role in the change was not solely spontaneous. There were politicians, activists, critical media, intellectuals and civil society organizations that brought a new alliance and influenced the people. Civil society organizations were/are not that popular unfortunately in the country because of some NGOs. This is still a liability to move forward. There must be some rethinking. However, some organizations were different, particularly the National Movement for Just Society (NMJS) led by late Ven. Maduluwawe Sobitha Thero and Puravasi Balaya (People’s Power) etc. There was an agreement between the presidential candidate and 52 organizations for good governance, yet to be fulfilled.

Shyamon Jayasinghe has made an important distinction between the Yahapalana movement and the Yahapalana government (Colombo Telegraph, 26 July 2017). This can always be the case. The political alliance that could be worked out at the last moment in November 2014 was immature and mixed with many contradictions. This was far weaker by the time the country went for the general elections in August 2015. The old parties, the power brokers and the funders emerged and took over many of the Yahapalana reins. Even within the Yahapalana movement itself, there were contradictions and immaturities. There were idealists without much realism or practical knowledge. A major weakness was/is the lack of a proper social justice program, based on economic reforms, particularly after the unfortunate demise of Ven. Sobitha.

‘National Unity’ Government

The major liability was the unreformed nature of the two main parties, the UNP and the SLFP, that came to form the so-called national unity government. The JVP was aloof working in its own ivory tower. ‘National unity’ by name, the government did not have common or necessary consensus on national reconciliation. There were no much efforts to rebuild them even from the national reconciliation secretariat. Understandably this is not an easy task. However, this is the main reason for the deadlock in bringing a new constitution. In the whole constitutional reform process, the Prime Minister’s lackadaisical ‘liberalism’ prevailed without leadership, creating opposition within and outside.

The TNA also was not very helpful. Although the leadership has considerably moderated their policies and political positions, they made a major blunder by appointing a maverick leader, C. V. Wigneswaran, to the Northern Provincial Council. The constituent parties of the alliance are also disparate, dominated largely by former militants. This was another reason why building consensus on a new constitution has become so difficult. After nearly thirty years of terrorism, it must be understood that extremely radical changes are not possible.

If the radicals or the idealists, on both sides, tried to depend on the international actors to bring about a ‘defused new constitution,’ it was morally wrong and the international situation also has changed dramatically. Therefore, the prospects for a new constitution are now bleak before the 2020 elections.

The major failure of the national unity government however is in the economic sphere, whether it is in the south or the north. This is something even the Yahapalana civil society movement has not realized. Most important matter for the ordinary people is their day to day living. When the people brought down the old regime, or the family rule, they were not expecting their economic conditions to go backwards or corruption to re-emerge. The bond scam or the Penthouse issue is only the tip of an iceberg. The emergence of criminality and lawlessness in the north are also related to the stagnant economic conditions.

The unreformed constituent parties of the national unity government, mainly the UNP and also the SLFP, are major reasons for recent and ongoing corruption, reinforced by the electoral system. Although Maithripala Sirisena has manged to take over the party apparatus of the SLFP, most of the personnel and the practices are the same. Otherwise, there was no need for a jumbo Cabinet and several ministries, which make the governing inefficient and expensive. It has been the practice of the leaders, the funders and the organizers of these parties to enrich themselves and their organizations through shady business and other deals after coming to political power. As the UNP has come to power after a very long spell, the urge for these corrupt practices could be even higher. Therefore, they are also reluctant in investigating the past corruption.

Questionable Neo-Liberalism?

Can a system of good governance (yahapalanya) be built on extreme neo-liberalism? My answer is no, based on both theory and practice of many countries. The principles of good governance also should apply to the private sector. But neo-liberalism does not allow that. However, a complete opposition to global trends or economics could also bring a type of a government like Donald Trump! That would be the other extreme. It would be a colossal disaster in a developing country like Sri Lanka.

The present government and particularly the UNP leaders are following an extreme form of neo-liberalism without taking any responsibility to build the national economy and the public sector. It is a myth to consider the ‘national economy’ outdated. According to them, the only engine of growth is the private sector. They ask the masses to wait for the trickledown effect, like waiting for Godot. This is in a context where neo-liberalism is failing worldwide. The first round of this failure was the global financial crisis, ten years back. Now, the political opposition has started, however distorted, with Donald Trump and Brexit.

In the Prime Minister’s website as the Minister of National Policies and Economic Affairs, there is an important statement titled ‘Economic Policy of the Government.’ This is a statement that he has made before Parliament, but now the date does not appear. Previously, I criticised the preface to it which said, among other things “Today our economy need no governance, yet a regulation. Hon. Prime Minister Ranil Wickremasinghe says that the aspiration for a prosperous country could be realized merely through more and more liberalization of the economy.”

Now it is taken out! However, the speech is still there, which might become the basis of the next Budget and the intended Three Year Economic Plan. This requires full review later, but for critiquing the extreme neo-liberal policies of the government or the UNP in this article, the following excerpts would suffice. The PM was talking about a third stage of economic reforms after 1977. Here he goes.   

“Future economic potential does not rely on labour alone. What is relevant for the development process is innovation and productive growth. In addition to such challenges, we are forced to face welfare and health measures of an aging population in Sri Lanka.”

Now the first proposition is acceptable, emphasizing the importance of innovation and productive growth. Then he attacks ‘welfare and health measures’ as challenges. Then he goes on to say,

“We cannot sustain the belief that the Government must provide all services and solutions. Accordingly, we must be able to pay attention to the spirit of competitiveness and enhancing productivity, while providing a systematic network that affords a strong sense of social protection.”

No one is asking him or his government to ‘provide all services and solutions.’ But at least the existing ‘welfare measures and health services’ must prevail and improved. Otherwise, what is a Government for? Is it only for the crony capitalist class like Perpetual Treasuries or Ravi Karunanayake’s? As far as I know, the legitimate and decent business people are different. Immediately thereafter, the following is what he says, that the people should be beware of by the next Budget.

“Now these may not be popular and may offer a bitter pill to swallow. But we need to take bitter medicine to cure our sick systems and ourselves.”

How to Move Forward?

It is too early to envisage what would be necessary to prevent the old regime, particularly the Rajapaksa family, coming to power again at the next elections, and what kind of a political alliance is necessary to take democracy, social justice and development forward. The JVP could play a major role with other Left parties, if the JVP does not deviate from the democratic path. What is clear at this stage is the necessity to oppose the regressive, lethargic and corrupt policies of the present government, while appreciating the progresses made particularly in creating a relatively free and open political environment.

Rajapaksas are not an alternative, particularly considering corruption, democracy and repression. Take the example of Ravi Karunanayake’s Penthouse issue. Mahinda Rajapaksa was reluctant even to sign the no-confidence motion and only now he says that he would vote against RK. What a leader?

Many civil society organizations who spearheaded the January 2015 change are organizing a Satyagraha on 15 August to demand the government for further reforms. Setting up of a Special Court to investigate Corruption is one admirable demand. However, a major weakness of this civil society movement, in my opinion, is not taking up the economic struggle/s of the ordinary masses.

In conclusion, I wish to focus on several broad elements that might be necessary to take the democratic, economic, human rights and social-justice struggle forward:

1. Critical and independent media (social media included), journalists and intellectuals who would not take a direct governmental or a political party line.

2. Vibrant civil society organizations without solely depending on external sources for funding or policy directions.

3. Public education in Sinhala and Tamil, while promoting English knowledge even among the ordinary masses to independently understand the world outside.

4. Absolute non-violence and peaceful protests and activities, without resorting to major work stoppages inconveniencing the public.

5. Taking up the struggle against Corruption and Torture as two major ailments in the present-day Sri Lankan society.

6. Taking up not only the struggle for political reforms, a new constitution or political matters, but also the most important day to day economic grievances of the poor and ordinary masses.

Sinhalese students attack Eastern Uni security staff as protest turns violent

09 Aug  2017

Security staff at the Eastern University in Batticaloa were attacked by Sinhalese students when a protest against the university’s administration turned violent on Tuesday, reports Battinatham.com.

Two of the security staff were hospitalised, including one female member of staff.

The Sinhalese students had reportedly protested for several days demanding accommodation and for academic suspensions to be revoked.

Claiming they had been ignored by the administration, the students blockaded the administration building, and continue to occupy it, attacking security staff in the process.

Late night security staff reported they had received further threats from the students and temporarily took refuge at Eravur police station on Tuesday night.

Related Articles: 

07 April 2016 : Sinhala students assault security guard at Jaffna University hostel

12 March 2016 : Sinhalese students attack Tamils at Eastern Uni

15 May 2015 : Sinhala students attack govt officer for playing national anthem in Tamil

01 November 2012 : Tamil undergrads attacked by Sinhalese students

Mayuri is still seeking to know the fate of her missing husband

 Aug 09, 2017

Four years ago, on 02 September 2013, Mayuri Inoka’s husband Madhushka Harish de Silva was abducted. On 01 November 2014, Mayuri too, was kidnapped, threatened to stop looking for her husband and dumped at Medawachchiya. On the 02nd of last September Colombo Fort police leveled a ridiculous accusation against her, that she used her children cruelly during a sit-down protest in front of the Presidential Secretariat, and also summoned 14 persons who had given her support and caused inconvenience to them and made them abandon their support for her.

At the time of Madhushka’s abduction, Mayuri was pregnant, and later she gave birth to twins. 

“Wasn’t my husband was abducted in a cruel manner?” she asked me casually. When she went to Colombo Fort police to give a statement last Friday, she was asked if she had obtained the death certificate. She replied that if a death certificate was to be given, it was them who should do so. However, that remark by the police makes one thing clear, that her husband is no more. That is known to the OIC of the police station too. The yet unresolved questions here are the fate of Madhushka and the reason for his abduction.

A Dolphin van (no. 252-9209) blocked the path of Madhuskha’s three wheeler and the abductors took him and his two friends in the three-wheeler. They had claimed they were from the police. They even used handcuffs. Madhushka was taken to an Army camp, while his two friends were dumped on Puttalam road on the following day. Their active contribution can be obtained for the investigation, but it is a question as to whether the CID has done that. Mayuri told us that the two could provide vital information regarding the abductors. A year ago, the Anuradhapura magistrate referred the investigation to the CID. However, the CID is yet to make submissions with regard to Madhhushka’s mobile phone details. Neither have they made submissions with regard to the officers of the Army camp to where Madhushka was taken.

Mayuri and her lawyer say that too much of time is being taken for this case. Lawyer Priyalal Sirisena says the CID says every day a report will be submitted and the case is getting put off. Mayuri has lodged a complaint with the Human Rights Commission (HRC 3926/13). But, justice is yet to be done for them. A promise given her by a coordinating secretary to the president is still to be fulfilled either.
Govt. programme for missing persons

The office of missing persons was made law with the speaker’s having signed the related act on 23 August 2016. However, it is yet to become active. According to the WGEID, Sri Lanka is having the second highest missing persons in its 35 year history. It has referred 12,341 incidents of disappearances for confirmation. The government has confirmed 6,551 incidents.

The Maxwell Paranagama commission established by the previous government launched its report in August 2015. That commission received 18,476 complaints of disappearances. The total number of disappearances during the war is said to be around 24,000. Enforced disappearances are a crime against humanity. The entire public as one should raise a voice to find the truth and to prevent a repetition. 
The OMP needs to be amended as it gives priority to incidents that could take place in the present. The past incidents are investigated on the basis of the position of the person who has gone missing and the effect of that person’s disappearance to society. Therefore, the disappearances of average citizens like Madhushka will not be investigated. That is a serious matter for concern. But, truth should come out one day. Civil society organizations and intellectuals should get together to pressurize the government into making the required legal provisions in place. Also, the OMP should be implemented despite its shortcomings. But, none of these have been done so far. Thousands like Mayuri do not know the fate of their missing loved ones.

Lanka News Web will discuss in detail in the future about the shortcomings of the OMP act. Until then, we should keep in mind that there are nearly 24,000 voices (during the previous regime alone) to raise a voice about the missing persons.

Britto Fernando of the missing persons association told us, “Mayuri and Madhuska’s family members intervened on behalf of Madhuska several times. They went to the police and staged protests. We supported the protests against the disappearances during the Mahinda regime. We were able to make that a topic in Anuradhapura town. Every day we staged protests in front of the court. We distributed leaflets and raised public awareness. We sought the questioning of a police officer. But, it was only around a year later that the matter was taken to court. After we told the court that investigations were not taking place properly, it handed it over to the CID. But, they keep on postponing the hearing for further investigations. We believe this is not being investigated impartially.  Mayuri’s affidavit clearly says that the top police officer named Mahesh Senanayake told her that he knew only what happened until Madhuska was taken to Puttalam, and nothing thereafter. But, a statement is yet to be recorded from Senanayake.”

Human rights activist Ruki Fernando said, “It is nearly four years ago that Madhuskha was abducted. All the available evidence has been handed over to the police. It is on record that the police had been aware of the incident. But, nothing has been done for four years. Mayuri has gone to courts, complained to the Human Rights Commission, protested in front of the Presidential Secretariat and met its officials. Various promises were given, but nothing has been done so far. That means that just like the previous regime did, the present government too, does not allow an impartial investigation to allow a wife, family members to obtain information. None of the promises given by the Presidential Secretariat has been fulfilled. This is very tragic. Noting has been given for his two small children. This is the situation of thousands of families of missing persons in Sri Lanka. Mayuri is just one of them. There are thousands more.”

Attempts to contact police spokesman Ruwan Gunasekara for comments failed.

~ Basuru Jayawardena

Voluntary, Safe and Sustainable Return: Support Needed for Sri Lankan Refugees

Featured image courtesy European Commission/ECHO 

MAYURAN JEEVARATHINAM on 08/09/2017

Editor’s Note: A version of this speech was delivered by the author at the UNHCR Annual Consultations with NGOs, held from June 14-16 at the  International Conference Centre in Geneva

 “O our motherland, bid us a farewell

We buried our smiles in our lips

We buried our life in our bodies

We are making a procession like empty skeletons….”

A Tamil Poet on refugees

This was the way many Sri Lankans, including my family and I, felt when we left our homeland to seek asylum in India.

Let me introduce myself. I am Mayuran. My refugee family number in India was 144. When I was just four years old, I traveled to India in a boat as a refugee. My family was happy to reach the shores of India alive and hoped to return to Sri Lanka as soon as possible. However, it took us 25 years to get back to our country. Yes, I lived 25 years of my life in India as a stateless refugee. The story of refugee life in a camp, being stripped of fundamental rights is one of trauma, pain, agony and despair. Nevertheless, I have been able to take control of my uncertain future with the support of my host government and my own community and have become a successful refugee returnee and a resourceful individual. I feel that my journey is a positive story and hope it will inspire many refugees aspiring to return to their homeland.

I returned to my motherland in April 2015. Understanding the importance of ensuring the safe and dignified reintegration of refugee returnees to Sri Lanka, who have been displaced in and outside the country for nearly three decades, I am now associated with OfERR (Ceylon) as a Community Social Worker.

The three decade-long armed conflict and civil war forced about 1 million Sri Lankans, mostly Tamils from the Northern and Eastern parts of Sri Lanka, to leave the country and seek refuge, in India and other countries.

Of this number, about one third, who were particularly vulnerable as they were unable to afford travel to European countries, sought asylum in India by boat. Sri Lankan Tamil refugees have lived in camps in India since 1983 with welfare assistance of the Government of India. Though India is not a signatory to the 1951 UN Convention on Refugees, we have been able to survive the hardships of refugee life, thanks to the country’s self-evolved humanitarian welfare measures.

In our determination to take control of an uncertain future, we, living in the camps of Tamil Nadu, have always prioritised returning to our homeland. In order to achieve this, we have consistently emphasised the importance of capacity building. Ever since the war ended in Sri Lanka in 2009, we have been contemplating our own future. We recognised that returning to our homeland would be one of the best durable solutions, but had a range of concerns. Throughout our two to three decades of refugee life, our minds were deeply attached to our homeland and we always dreamed to return and restart life with freedom and dignity.

Now, eight years have passed. Over 12,000 refugees have returned to Sri Lanka and have been able to restart their lives, whereas the vast majority of the refugees still remaining in the camps continue to have reservations. As these Sri Lankans, who fled persecution, war, and violence, return to their homeland, they face multiple challenges before and after return.

There are events in history that bring about extraordinary changes for the better. One such memorable event would be the voluntary return of the refugees to Sri Lanka. Voluntary repatriation has long been seen as the best long-term solution to forced displacement and one that would benefit the greatest number of refugees. While there is more to be done in the direction of reconciliation and integration, I believe that encouraging the refugees to return will further strengthen the process of peace, reconciliation and integration.

There is a voluntary repatriation program by UNHCR in place to assist the refugees returning to their homeland. However, the support provided under this program is not sufficient as refugees who return to their homeland need to reintegrate back to their places of origin. The return itself is a kind of uprooting and the process should be properly resourced.

Though the Government of Sri Lanka endorses an open policy to welcome the refugee returnees from India and other countries, there are key gaps in the support services that recognise them as legal citizens of the country. The people born in the refugee camps are burdened with penalties and late registration charges that multiplies the vulnerability of displacement. The lack of resources with the Government of Sri Lanka and the absence of a national policy on refugee returnees have been a major hurdle in extending holistic support for the returnees.

Rehabilitation assistance with land, housing, livelihood, dry rations and basic subsistence for refugee returnees from the State is minimal. Hence the vast majority face multiple challenges to reintegrate back in their places of origin and that acts as a dissuading factor to thwart the hopes of more than 100,000 refugees living in India to find a durable solution.

Political action is required now to facilitate refugees to voluntarily choose the option of returning to Sri Lanka. Inaction will continue the agony of refugee life in a protracted situation. We underline the importance of ending refugee status as early as possible with minimum inconvenience to all concerned. An empathetic humanitarian approach is essential as the protracted refugee situation of Sri Lankan Tamils is a complex one and requires smart handling.

Having spent about three decades of our lives in another country, we can finally see the light at the end of the tunnel. Ever since the war ended in Sri Lanka in 2009, we have contemplated ending our protracted refugee situation and returning to our land of origin to live with freedom and dignity. The uncertainties of camp life are difficult to navigate and survive.

Therefore, it is the plea of Sri Lankan Tamils that the discussion among the governments of India and Sri Lanka should progress and eventually lead to a Memorandum of Understanding that would facilitate the provision of an implementation mechanism, including a comprehensive  funding and administrative framework to help end the refugee status of Sri Lankan Tamil Refugees in India.

I therefore respectfully request that provisions ensuring the inalienable right of refugees to return to their country and guaranteeing a life in safety and dignity, should be enshrined and for the UNHCR and the international community to intervene and help ensure the safety, dignity and well-being of refugees returning to Sri Lanka.

Readers who enjoyed this article might find “Education and empowerment: the journey of Sri Lankan refugees” and “World Refugees Day and refugees to and from Sri Lanka” enlightening. 

The Urgent Need To Publicly Clarify “Client-Professional Privilege”

By Chandra Jayaratne –AUGUST 8, 2017

Chandra Jayaratne

The myths surrounding client – professional privilege appears in some uncommon instances, even to convince professionals that they must support a client to misinterpret, misrepresent, window dress, conceal and even falsify or cover up frauds, forgeries, acts of bribery and corruption, other criminal offenses, and accordingly be non transparent in their professional actions, reports/documentation and presentations developed by the professionals. (Example: A legal professional who attests and registers a deed for the acquisition or lease of land or property in the name of a third party other than the real owner, without validating the source and means of the registered owner to acquire same and thus assist in the concealment of the true identity of the real owner).

President,

Bar Association of Sri Lanka,

Dear Sir,

The Urgent Need to Publicly Clarify “Client-Professional Privilege ” and Associated Legal Liability of Professionals

It appears that there is a significant knowledge gap in the understanding by Professionals of “client-professional privilege”, especially its definition, scope, extent of application, exemptions, limitations and essential risk mitigation steps to be adopted by professionals.

There appears to be a further knowledge gap in regard to the legal liability associated with the breach of such professional privilege by professionals in practice and employment; and how such issues arising during the course of the day to day practice of professionals are to be best managed, protecting the interests of all connected direct and indirect stakeholders, including the law enforcement and regulatory authorities.

There appears to be many instances of misinterpretation of client–professional privilege concept, with such misinterpretations being expanded to include instances:

-where a professional is required as a part of his/her professional duty to report (example: an auditor required to report to members of the entity who appointed him), or

– where reporting to the law enforcement authorities and regulators are required under statute or promulgated regulations,  or

-where required in terms of professional codes of conduct and ethics in reporting to the clients, superiors, relevant professional institutes, law enforcement authorities, (example: Codes of Conduct issued by the relevant Professional Institution dealing with member accountability in instances of non compliance with laws and regulations -NOCLAR),or

-where required to do so by the conscience or moral commitments of the professionals,

In the above instances professionals believe that they are compelled by client –professional privilege from taking appropriate response action as required, in the belief that in such every instance they will be in breach of client-professional privilege commitments in taking the due process forward.

The myths surrounding client – professional privilege appears in some uncommon instances, even to convince professionals that they must support a client to misinterpret, misrepresent, window dress, conceal and even falsify or cover up frauds, forgeries, acts of bribery and corruption, other criminal offenses, and accordingly be non transparent in their professional actions, reports/documentation and presentations developed by the professionals. (Example: A legal professional who attests and registers a deed for the acquisition or lease of land or property in the name of a third party other than the real owner, without validating the source and means of the registered owner to acquire same and thus assist in the concealment of the true identity of the real owner).

In such instances as described above, and other instances where a professional concerned is a direct or indirect accessory or associated with the carrying out, window dressing or concealment of a criminal act, such professionals cannot take the position that owing to the client-professional privilege restrictions applying to professionals, he/she was helpless, innocent and remains protected and exempted from reporting the crime to the authorities.

In the context of the above, I appeal to you and the Bar Association of Sri Lanka, in a joint initiative with the other Professional Bodies copied in this letter, to review the positions as set out herein before and to take early steps to Publicly Clarify “Client-Professional Privilege ” and Associated Legal Liability of Professionals.

Yours Sincerely,

Chandra Jayaratne

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We need microcredit to develop the rural economy

 Wednesday, 9 August 2017

In the rural economy and the SME sector there is a dire shortage of capital. Without capital the rural economy will not move from stagnation to growth. A very large part of the population, estimated at around 75%, lives in the rural areas. To get inclusive growth in our economy we must provide them with access to capital.

Microcredit has been used in many parts of the world. Now there are 211 million microcredit customers. Sometimes it has been very successful in alleviating poverty, and at other times it has failed. There are many questions that need to be probed. Is microcredit the best conduit for capital to the rural economy? Should the Government take on the role of provider of microcredit?

There is also be the questions of trade-offs to be considered. Less infrastructure to help the big private sector and more resources like microcredit to develop the rural economy.

The development equation

To address these issues, one must get the whole development equation into some sort of clear perspective.

Sri Lanka is a private sector economy. Growth must come from the two segments of the private sector. Both the big company sector and the rural people’s private sector (which is the many component parts of the rural economy including the SME sector), must grow in tandem and grow our GDP.

The big business sector

The big business sector contributes little towards inclusive growth. It has large private companies like Maliban, Munchee (Ceylon Biscuits) MAS, Brandix, etc. All their profits go to the owners. We also have large public quoted companies. Most of them are cosmetic public companies. Cosmetic because the bulk of the shares are held by a family and perhaps a measly 20% is available to the public. The earnings go primarily to these major shareholders. The general public have little access to the fruits of their growth.

As there is a lack of liquidity we do not have a plethora of funds in which the small man can invest his modest savings and savour the benefits of growth in the big business sector.

Growth but no inclusive growth

If these companies grow, say by 25% a year, they will grow GDP, and probably increase foreign reserves through exports. All good things certainly. But, they will not put more food on the table of farmers or fisherman or small traders or small industrialists.

Except for tourism there is no strong link between their growth and the wellbeing of the rural economy.

This bring us back to square one. To improve the wellbeing of our people we must get growth in the wider rural economy. To achieve this we must provide them with access to capital. Hence the question, is microcredit the answer?

The problem

Appuhamy has a boutique. He wants to expand his business by stocking a larger range of products. There is no one who will lend him the money that will enable him to do so.

Sunil is a talented potter. He makes creative pieces of ceramics. A shop in Colombo buys his whole small monthly output, and exports it. They tell him that they can sell 10 times what they sell now. Every night he falls sleep thinking of how his life will change if he can make more pieces of pottery. Every morning he yearns for a way to find the money to buy a larger kiln.

The dilemma

No capital, no growth, no collateral, no loans from the bank. That’s the grim scenario that confronts the Appuhamys and Sunils in the rural economy.

To get a loan from a bank one must provide collateral. You have to be able to mortgage to the bank some asset of equal value. If you are unable to repay the loan, the bank must have a hold on an asset they can sell and recover their money.

Microcredit is the answer to the poor man’s prayer

Microcredit is lending to people without asking them to mortgage any asset. Micro credit is lending without seeking any collateral. It is lending to those who have no assets to mortgage.

The evolution of microcredit

The pioneer of the concept of microcredit was Muhammad Yunus in Bangladesh. In 1976 he started lending money, seeking no collateral, to help poor people to develop their business or to start a new business. He only lent money to women. I met him in the early days of his Grameen Bank project at a presentation. Yunus said the women always repaid the loans. He said defaults were virtually zero. This was a unique innovative approach to help the poor. A lot was written about Yunus and his Bangladesh project. There was a lot of excitement about this new concept.

Then some donors who wanted to do good funded NGOs to set up micro credit projects. In the early days most of these were in Africa. The good projects ran with a default rate well below 10%. Now defaults of 10% are viewed as the red light warning of an impending crisis. In the business of lending money there will always be some defaults. The best of banks have nonperforming loans.

From donors to financial institutions

Financial institutions got interested when they found that the poor repaid their loans. On the face of it, this was an unrealistic proposition. To give money with no collateral and no guarantees. But the financial institutions got a sniff of money in the air, and researched it, and found that this seemingly absurd concept was working well and it was possible to make money. They also realised that it could be a very large market. The latest available figures say that there are 211 million microcredit customers in the world.

The motivation of the microfinance institutions was to make money. If there was any motivation at all to help the poor, it was only a very teeny weeny part of their motivation.

The micro credit experience 

A lot of research, and a lot has been written, because this has been an intriguing concept of lending money to the poor, and making money, instead of losing money.

Microfinance institutions need a good organisation with staff living in the area who can get to know potential customers. It is their call whether to give or not to give a loan. If they are very cautious, they make no money. If reckless they lose money.

The key learning in the early days was to avoid giving money to the poor that will be used for consumption. If the borrowers are late in paying, they have to be coaxed. If they are harshly bullied, people will stop borrowing. If they stop borrowing, the institution stops making money. Some projects failed as the number of customers declined rapidly as there were no more opportunities for investment in the area.

Money alone does not create a successful business. If a fisherman gets a loan, gets new equipment and doubles his catch but he cannot sell it, other fisherman will not get a loan and buy equipment as they know that the fish cannot be sold.

The conflict between making money and sponsoring economic growth

The money into microfinance institutions has come from many sources. It started with donors who wanted to do good. Very little of that now. Money comes from investment banks, private equity and even commercial banks are creating their own microfinance firms.

Sadly this has created a shift in focus. Less and less money is given to the poor and more to the relatively well-off for consumption (daughter’s wedding, pilgrimage, etc.). The dominant criteria is no longer development. It is whether they will pay back the loan. What they use it for is irrelevant to the organisation.

Sri Lanka scenario 

Except in a few pockets, we don’t have very poor people. What we do have in the rural economy is a large population all gainfully engaged in some activity or the other. That is why they will not come and work on urban building projects.

To get inclusive growth in our country, the most important need is to provide access to capital to finance the development of the mass of varied economic activities that comprise the rural economy.

Our future in incremental exports will also come from there, as the opportunity is in niche sectors like organic fruits, spices and vegetables, handcrafted ceramics, designer tiles and bricks and specialised products from the SME sector.

Banks will not lend unless the borrower can provide collateral. The rural economy has no collateral to offer. The vast majority for historical reasons do not have proper title deeds to the property they occupy. Most of the villages would be on encroachments on crown land that took place a long time ago.

The irony is that a man in the rural economy can buy a motorcycle on hire purchase as the finance companies are happy to lend with the motorcycle as collateral. The same man cannot get a loan from anyone to buy a ton of fertiliser.

Microcredit

Microcredit is the answer to provide capital to those in the rural economy who want to develop their business. Microfinance institutions must be structured to encompass the learnings from microcredit projects around the world.

The unwavering mission has to be to support development of existing and new income generating activities. It should not deviate in search of soft targets and lend money to those who are relatively well off to finance consumption. They should keep interest rates low and not indulge in practices like charging punitive rates if there are delays in repayment. There has to be sympathetic mindset when people are unable sometimes to comply with the repayment schedules, due to unexpected problems.

Will private microfinance institutions behave in this manner? Will it be possible for them to shed their ingrained motive of making as much money as possible? Probably not. Then the only way forward to meet the objective of providing access to capital to the rural economy is for the State to step in and create microfinance institutions. The two State banks could be used to create these, as not-for-profit institutions.

Capital is not a magic bullet that always gets the growth target. It is only a tool and to deliver results it needs the supporting infrastructure and services. The State banks as microfinance institutions must also take on the role of fostering all of that, so that capital can indeed become a magic bullet.

A new paradigm

We need a fundamental shift in our economic thinking. We need to move from urban centric, big business centric and great aspirations to a model of developing the total economy with priority to the rural economy that contains 75% of the population.

There will be tension. The Government does not have unlimited funds. The major area of expenditure is infrastructure. To fund micro credit it will have to defer some infrastructure.

It must of course pursue getting the macroeconomic fundamentals right. But it may have to go a little slower to accommodate what is necessary to stimulate the rural economy.

We need new minds, fresh thinking, emotional aspirations and the steely determination to find new solutions. I was delighted to read that Deshal de Mel (no relative) has been appointed an adviser to the Ministry of Finance. Hopefully a new initiative to bring in youth. Deshal has two important attributes, a fine mind and the refreshing insolence of youth. He says it as he sees it. We need more like him to structure a new paradigm.

(The writer has done this that and the other including the Tripos in Economics at Cambridge University.)