FM resignation interim step to criminal justice outcome - TISL

Aug 11, 2017

Transparency International Sri Lanka (TISL) welcomes the resignation of the Minister of Foreign Affairs,

Ravi Karunanayake following allegations of wrongdoing that have emerged before the Commission of Inquiry (CoI) on Bond Issuances. Whilst acknowledging that such actions emanate from public accountability, TISL is mindful that there exist allegations of several offences of bribery and corruption, which must be dealt with using the full strength of the anti-corruption framework, not limited to the mandate of the CoI.

In all instances of alleged bribery, TISL reiterates the need to remember the existence of a bribe giver and a bribe taker. Whilst the CoI is empowered to provide recommendations to the President, TISL wishes to highlight the power vested in the Attorney General’s Department to institute actions based on evidence produced before the CoI, particularly the acceptance of a bribe, under the penal code.

TISL is however concerned that the only legal recourse to allegations of bribe giving is under the Bribery Act. The Bribery Act stipulates that prosecutions can only be filed ‘by or with the written sanction’ of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). The gazette establishing the CoI states that it will not prevent other concurrent investigations and actions.

Under the 19th Amendment to the Constitution, CIABOC has been empowered to initiate action on their own motion, without the need for a complaint being made. In a response to a RTI application by TISL, CIABOC revealed that not a single case has been taken up pursuant to this power, as at 30 April 2017. TISL notes that the allegations being made go directly to the mandate of CIABOC.

TISL calls on the Attorney General’s Department and the Commissioners of CIABOC to exercise their mandate and restore public confidence in anti-corruption processes.

The Paradox Of Language: Futile & Yet Vital

By Charles Ponnuthurai Sarvan –AUGUST 11, 2017

Prof. Charles Sarvan

Words, words, words (‘Hamlet’, Act 2, Scene 2)

What follows arises from reading Why I’m No Longer Talking to White People About Race (2017) by Reni Eddo-Lodge; born (1989) in London to Nigerian parents. The author clarifies that her decision relates to those whites (the majority) who refuse to accept there is racism in England. (In such contexts, rather than “racism” I have suggested, somewhat tongue-in-cheek, the more accurate and specific term “colourism”. Derrida wrote that some words are inappropriate but not having an alternative we use them, placing them ‘under erasure’: the word “racism” – again, in certain circumstances – is one of them.) Some of what Eddo-Lodge says is related to Sri Lanka.

Language is the most vital of human inventions. It’s Shakespeare’s genius that in ‘Richard 11’ when Mowbray is sentenced to life-long exile, he doesn’t lament the loss of family and friends; of a familiar and loved landscape but the loss of language. It’s through language that we communicate our thoughts and express our feelings. To alter and use words from a ‘pop’ song, it may only be words, but words are all we have. Words enable us, each from the island of our individual self, to attempt to build bridges of communication with other islanded individuals and groups. What we don’t encounter, whether personally or through language, remains unknown to us. For example, I’m a British citizen; I’ve lived, studied and worked in England; England is my second Heimat, and yet the following statement read just the other day, came as a surprise to me: “proportionally, Chinese people experience higher levels of fear and violence than any other minority group in the UK” (The Good Immigrant, edited by Nikesh Shukla, 2016, p. 43). One does not immediately accept this statement but a certain awareness is created. Eddo’s title reflects repeated attempts to communicate with whites, and failure: so too with Sri Lanka and the racial divide. (The inadequacy, if not failure, of language must particularly puzzle and pain those in the Humanities, more specifically, those in the discipline of Literature – Literature is made up entirely of language; and language, of words.)

Racism (Colourism?) is not a problem for white people, writes Eddo. For them, white is the norm and all other colours are a deviation: she dislikes the term ‘non-white’ because it suggests a lack. In an essay, ‘Forming blackness through a screen’, Eddo writes that white is neutral and invisible; that is, unnoticed. Similarly, being Sinhalese in Sri Lanka is not a problem for Sinhalese but an advantage. I turn to Martin Jacques, a British academic and his personal tragedy out of which something positive was extracted. “Like every white person, I had never experienced [colour prejudice] myself: the meaning of colour was something I had to learn. The turning point was falling in love with my wife, an Indian-Malaysian, and her coming to live in England… Colour is something white people never have to think about because for them it is never a handicap… but rather the opposite, a source of privilege” (Martin Jacques, “The global hierarchy of race“. The Guardian, London, 20 September, 2003, p. 23.) The last sentence can be applied to Sinhalese living in Sri Lanka. Jacques’ wife was sent by her law firm to Hong Kong: I suppose one of the reasons was that she was fluent in Cantonese. Martin Jacques accompanied her to continue his research into China; his wife fell ill; was admitted to hospital (it was in 2000, and she was thirty-three) but because of callous neglect caused by colour-based racism, died. In Hong Kong, when not in the company of her white husband, she had been subjected to an “in-your-face racism”. There is a global hierarchy of colour, at the top of which are whites. They are the only ‘race’ that never suffers any kind of systematic racism anywhere in the world. They are invariably the beneficiaries, never the victim but, even when well-meaning, they remain strangely ignorant of what people of colour encounter and experience: Martin Jacques, op. cit. Determined to extract justice, the grieving husband sued the hospital – and won. In a personal message to me dated 28 June 2010, he wrote that as a direct response to the outcry over his wife’s death, the Hong Kong government introduced anti-racist legislation, albeit in a weak form. “After blanket denial for ten years that the hospital did anything wrong…they suddenly sought a settlement – with some desperation. They never formally apologised – just threw in the towel.”

Within the hierarchy of skin-colour, there’s also created a hierarchy of shades of skin-colour. Members of non-white but light-skinned ethnic groups look down on those who are shades darker. Centuries of Western imperialism and domination in various fields projected a feeling of inferiority on non-Western peoples. But the real damage, as Achebe observes (Morning Yet on Creation Day), is when non-Western people accept and internalise the negative image projected of them. Going back more than half a century to the ‘Ceylon’ I knew and loved, I recall an indignant Sinhala, rhetorical, question: “Api kalu the?”  “Are we black?” (“Is that why you are ignoring us?” The implication is that had we been black, it would have been justified to slight us.)  Skin-lightening creams still sell well in various countries, and some Sri Lankan marriage-notices proudly state that the prospective bride is fair-complexioned. ( En passant but not without significance, Sinhalese tend to think that Tamils are much darker complexioned.)

There are many reasons for Eddo’s sense of the futility of words; of talking. Most of us are islanded within our own individual and group experience: it’s because Martin Jacques married an Indian that he gained an insight into what it really is to be a person of colour in a colour-conscious (‘colourist’) society. On his first visit to India, E M Forster, best known to South Asian readers as the author of A Passage to India (1924), was the guest of Indians, and so gained an insight into the contempt with which his fellow whites, imperial rulers, treated Indians and anyone who was not white.

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True dimensions of “sanhindiyawa” in our schools

2017-08-11 

What is it about nationalism that irks academics? Why has scholarship for so long denigrated nationalist ideologies as repelling, alienating and negative? More specifically, why has Western scholarship treated nationalism as an ideology of the Other, thereby denying it any validity and monopolising its validity in the West? I believe it was Vaclav Havel who once complained that soon after the Iron Curtain collapsed, the same Western powers which had compelled its collapse began reserving the same economic and political freedoms it had promised the former Soviet bloc to itself. “Free trade, but only for the West,” he observed rather sardonically. The same can be said of nationalism: only for, by, and against anyone other than the West.   

We have endured sloganeering for so long that it’s become a part of our political culture. Firstly we were promised a dharmishta samajayak. Then came neo-liberalism. Then came neo-liberalism with a human face (the biggest whopper of them all). Then came a chinthanaya that even those who had authored swerved away from. Most recently, we’ve had yahapalanaya. From these slogans emerged other, as dubiously picked on slogans. The best and most ambivalent of them has been one that has pitted itself against nationalism, and as such is vaguely defined. Sanhindiyawa.   

We have endured sloganeering for so long that it’s become a part of our political culture. Firstly we were promised a dharmishta samajayak. Then came neo-liberalism. Then came neo-liberalism with a human face. Then came a chinthanaya that even those who had authored swerved away from. Most recently, we’ve had yahapalanaya

I don’t have a problem with reconciliation. I do have a problem with the way it’s perceived, implemented, and in some instances perpetuated by people who pretend to know its true meaning. Pretty much like procedural democracy, it seems harmless and indeed positive on the surface, but when it comes to its implementation, serious questions tend to crop up. And none more problematic than that topic of importing reconciliation and with it multiculturalism, secularism, etc., to our schools.   
When Chandrika Kumaratunga (heading the Task Force on Reconciliation) contended last year that schools with mono-ethnic, mono-religious student populations must be diversified, and when she picked on certain schools (the Olcott ones) which she accused of harbouring racism, she was critiqued and insulted, even by those who couldn’t by any stretch of the imagination be associated with the kind of racism those schools were and are. I noted at the time that while she had made a valid point, there was enough and more evidence to suggest that given her track record on ensuring rights for the Sinhalese and on Eelamism, one couldn’t be blamed for criticising her.   

Long, long ago, before 1956 and the Buddhist Commission and even before 1948, economic status and racism were inversely related: the more affluent your clique was, the less room there was for interethnic hatred. The problem with liberalism and cosmopolitanism is that both those terms are predicated on a bourgeois lifestyle and ethic

That didn’t mean I disagreed with her point of view; it was a case of disagreeing with the person making the point. And in disagreeing with her, I think we all conflated the one with the other and abandoned the opportunity for any constructive debate we could have had over the topic she touched on. My contention on the matter is this; just as much as Western scholarship has defined and de-validated nationalism to suit their interests (one only has to read Chomsky and Edward Said to ascertain how well this deception has been perpetuated), it also defines reconciliation in the developing world. Despite that, however, I personally believe that BOTH nationalism AND reconciliation can nurture a better future for a country, ANY country. In my book the two aren’t mutually incompatible. They are one and the same.  

 
Benedict Anderson strived with his research to prove that nationalism inspired selflessness, the kind of selflessness that cosmopolitanism could not inspire. Nations were formed out of nations, and as such were composed of tightly knit, at times self-contradictory societies. They were as subject to the ebb of love and hate that individuals are. Out of this ebb and flow came some form of destiny, some higher calling, which while rooted in emotion was also rooted in historical realities. As I noted in this column weeks ago, the fact that we have foregone on those realities in our curriculum meant that an entire generation grew up apathetic to our heritage. Bringing in multiculturalism to that generation, without a concomitant shift in the way we teach them who we are, and what we did, would be disastrous and paradoxical.   

Benedict Anderson strived with his research to prove that nationalism inspired selflessness, the kind of selflessness that cosmopolitanism could not inspire. Nations were formed out of nations, and as such were composed of tightly knit, at times self-contradictory societies. They were as subject to the ebb of love and hate that individuals are

There’s a difference between a multiculturalism that is rooted in identity and a multiculturalism that is blind to identity, just as much as there is a difference between a nationalism that is respectful of the Other and a nationalism that is rooted in hatred of the Other. The latter can’t be sustained, while the former can. I believe it was Dr Dayan Jayatilleka who drew a distinction between the multicultural liberals who swept across our political landscape decades ago and the rootless intelligentsia who are parading themselves as their successors today. That’s the kind of distinction I want to make here, a distinction that is at once fundamentalist and tragic, since the latter group have made strides in the reconciliation game. Blind to history, blind to the aspirations of the majority, they have succeeded in repressing the hardcore extremists so much that those extremists are bound to come out. Sooner than later.   

The only thing worse than ignorance is indifference, particularly when it comes to history and heritage. And yet, we are indifferent, if not our generation then the generation that will follow us. We are open to modernity, but we haven’t really grasped it to take that necessary leap from imitativeness to ingenuity. We can only translate and use what we translate to rubbish who we are.   

So why make the case for reconciliation in our schools at all? For the obvious reason that there’s never one nation as far as this country is concerned. A multicultural student population (and not just secular) is the great leveller. Not only does it teach you to be alive to others, to be curious about how another collective acts and thinks, it also is the least flawed mechanism for inculcating in our people respect for the other. Extremism is never bred at adulthood; it’s there from childhood. Compelling students to mingle with one another isn’t merely good for reconciliation; it also prepares them for a world where collectives flourish by mingling with one another.   

Long, long ago, before 1956 and the Buddhist Commission and even before 1948, economic status and racism were inversely related: the more affluent your clique was, the less room there was for interethnic hatred. The problem with liberalism and cosmopolitanism is that both those terms are predicated on a bourgeois lifestyle and ethic. I came across this troubling dichotomy in Ruwanthi de Chickera’s recent play, Dear Children Sincerely, where in the space of about 20 minutes an old lady reminiscences about life before the attempted 1962 coup: full of dinner parties, unfinished puddings, and indifference to those outside her circle.   

I believe 1956 changed all that, but that aforementioned dichotomy never truly went away. Regi Siriwardena correctly noted that 1956 merely preserved class discrepancies in a more insidious way. The middle and lower classes were emancipated, yes, but the theoretical elite, i.e. those who have morphed into the rootless intelligentsia today, continued to call the shots in our political sphere. Not even Mahinda Rajapaksa was immune to this elite; the Chinthanaya he advertised for all to see was undone and even subverted by the modernist discourse on development that he followed (even while substituting China for India and the USA).   

It is this elite that continues to head and lead our reconciliation game. In itself, this isn’t a problem. The problem is that by being indifferent to history as they are, these liberals (I am rather troubled to use that term on them) clamour to rob that same class which was emancipated by 1956 by importing a form of reconciliation, into our schools, that is shorn of any cultural or historical imperatives. Not unlike the missionaries who came with the Bible in one hand and the sword in the other, they are charging through the china shop, forgoing on a constructive, meaningful reconciliation process that can truly enrich our children. The greatest damage to this country wasn’t inflicted by the racists, I believe. It was inflicted by those who, being blissfully unaware of the racists pushed and repressed them into doing what they did.   History tends to repeat itself. Naturally, I am worried. I think we all should be. 

‘Rogues have become Kings and we have become rogues’ Youngsters including Harin to wage a struggle sacrificing their portfolios (Video)

(Lanka-e-News - 11.Aug.2017, 1.00 PM)  ‘I am prepared to quit my ministerial post  and launch  a new  struggle against the actual rogues , and that struggle is beginning today ,’ said minister Harin Fernando following the resignation of Ravi Karunanayake the former minister of foreign affairs.  There are a large number of parliamentarians  including ministers with him ,and he will reveal who they are later , he added.

Harin is the young politico who  sacrificed his  post ,  fought and won   the Uva provincial  Council elections , and then came forward to pave the way for the preliminary election victory on 2015-01-08 which aimed at eliminating the rogues for which he worked in  earnest and with commitment . It is the view of political analysts , the current approach  of Harin the  young politico will be  decisive. 

Based on reports reaching Lanka e news inside information division, Harin had questioned the president at the recent cabinet meeting thus , ‘Isn’t  this a  conspiracy? It is we who exposed the rogues and steered a government against rogues to victory. But now we are made rogues while the actual rogues are free. Now , the government is being run not  by us but by those rogues. You must appoint  a presidential commission and apprehend those rogues too on the same  fast forward track . Catch the rogue Dilan too’  Harin exhorted. When Harin was speaking thus in anguish and anger , the president flew into a rage. The Commission was not appointed by him alone , he pointed out. Kabir Hashim the UNP Gen. Secretary supporting  Harin said , ‘ it is people like Harin who worked with commitment to install this government in power . What he is bringing forth  is truly the conscience of the UNP members’

No matter what , when the media personnel of president and Rajapakses are eating from the same plate ,  and together with the ‘Trojan horse’ the actual rogues are being protected while fastening the label of ‘rogue’ on those who truly waged the struggle  to apprehend the culprits , a group of youngsters including Harin has deemed it  is necessary to launch  their patriotic struggle  against the conspiracy which is labeling those who came forward to seize the rogues as culprits. 

They have started the struggle against the cold storage of files of the investigations which have been concluded pertaining to the rogues .They have also commenced the probe into how the electronic frequency- a public asset  worth many billions of rupees was transferred on the sly and free  to notorious Maharaja .

Nevertheless, it is learnt , Ranil Wickremesinghe has opposed the struggle of these youngsters. Sometimes this struggle will cease  when the consensual government which entered into a pact  with the defeated crooks ends .  Pressures are being mounted to decide: Is the  UNP group which holds the majority in the victory at the  people’s referendum of 2015-01-08 , to continue getting battered and bruised from the confirmed crooks ? Or go it alone ?

The full text of the speech of minister  Harin Fernando (video) is hereunder 

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by     (2017-08-11 07:39:40)

IMF gives mixed review on SL

• Projects 4.7% growth for 2017, higher than CB
• Renews warning on public debt challenge; inclusive of contingent SOE liabilities public debt is 94% of GDP
• Wants SOE reforms, new Inland Revenue Bill passed  and transparent energy pricing
• Advocates further tightening, limiting credit to housing sector  

Saturday, 12 August 2017

Despite predicting a 4.7% growth for 2017, the International Monetary Fund (IMF) in its latest report has flagged several vulnerabilities including public debt management, delays in energy pricing reforms and the need to possibly tighten rates further as key challenges for Sri Lanka.

In its latest Staff Country Report released on Friday, the IMF gave a detailed analysis on the Sri Lankan economy and praised its resilience in 2016 and conceded that, where targets were missed, authorities took meaningful action. However, it pointed out, further monetary tightening would head off the second-round effects of currently high inflation, rein in credit expansion, and protect against potential capital outflows from further US rate hikes.

“Other measures to slow credit growth include raising the reserve requirement and employing macro-prudential instruments, such as: broader use of limits on loan-to-value ratios in vulnerable sectors, and a credit limit or increasing risk weights in the housing sector. The authorities agreed to closely monitor credit growth, particularly to ensure that credit growth was directed towards productive economic activity, and to tighten monetary policy further and use macro-prudential measures, if necessary,” the report said.

Key risks to the program are still present, the IMF said, referring to revenue slippage or failure to implement key revenue-related reforms, weaker than expected net capital inflows and reserves shortfall, lower than expected growth, and larger than expected losses at State Owned Enterprises (SOEs) and lack of progress in SOE reforms.

Real GDP growth is projected to recover gradually to 4.7% in 2017, supported by the continued momentum in construction and service sectors since late 2016, the IMF said. The Central Bank has already downgraded predictions to about 4.5% growth on weather related vulnerabilities triggering increased imports.  Headline inflation peaked in March but will likely stay above 5% for much of the year due to high food prices and base effects from the VAT rate hike in 2016. The current account deficit is expected to widen slightly to 2.5% of GDP due to drought-driven increases in oil and food imports, and higher capital goods imports.

IMF said public debt rose from 82 to 84% of GDP between 2015 and 2016 largely due to exchange rate depreciation and an increase in guaranteed debt. In 2017, public debt is expected to rise slightly to 85% of GDP due to still large fiscal deficit and exchange rate depreciation.
The medium-term overall deficit target of 3.5% of GDP remains appropriate for reducing the risk of debt distress, and would lower the public debt to GDP ratio to 76% of GDP by 2020 under the programmed fiscal consolidation.”

“If contingent SOE debt is included, total public debt would rise to 94% of GDP and decline below 90% of GDP by 2020. The likelihood of such a scenario has increased due to delays in energy pricing reform. External debt remains sustainable but is high at 57% of GDP and vulnerable to currency risks. And rollover need will increase as external sovereign debt begins to mature in 2019, calling for advance planning and medium-term debt management,” it warned.

Economic growth held up in 2016 despite the fiscal consolidation and weather-related shocks. Growth was supported by robust activity in the industry and service sectors, and improved confidence following the EFF program agreement in June. Despite some delay in passing the VAT amendments, the authorities met the program targets on tax revenues and the primary balance.

However, the end-2016 reserve target was missed reflecting the resumption of portfolio outflows late in the year and intervention to limit currency depreciation. Progress has been made in most fiscal-structural reforms, but energy pricing reforms have stalled due to political resistance.

The authorities remain committed to the economic reform program and undertook meaningful corrective actions where targets were missed. As a prior action, the new Inland Revenue Act (IRA) will be submitted to parliament. The authorities also strengthened tax administration and are conducting a diagnostic review of VAT. SOE oversight is improving, and energy pricing reforms are being recalibrated to address earlier setbacks. The Central Bank took steps to address the missed end-2016 reserve target by resuming since March 2017 the build-up of reserves.

In response to high inflation, the Central Bank tightened monetary policy in March 2017, and stands ready to tighten further should inflation or credit growth stay high.

“Going forward, the reform momentum should strengthen further, building on the progress made so far. To reduce the risk of debt distress, fiscal consolidation should continue at steady pace.”

This would require legislating and implementing the new IRA, strengthening the VAT system and administration, and making further progress in expenditure management and SOE reforms, the IMF advocated.

Monetary policy should be tightened to rein in inflation and credit growth, and reserve accumulation should continue while allowing for greater exchange rate flexibility, it said.

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Concessions on loans granted to flood affected borrowers

The Central Bank said yesterday it has permitted licensed banks to grant concessions to their borrowers who have been affected by the recent floods, adverse weather conditions and connected circumstances with a view to facilitating the recommencement of their businesses and normalisation of their activities.

Accordingly, licensed banks can;

nGrant a concessionary period of up to three months in respect of repayment of all performing credit facilities of such borrowers as at 25 May 2017, and

nWaive the penal interest for this period based on information received by the Central Bank.

Many borrowers who have been affected by the recent floods are not aware of this concessionary scheme and, therefore, have not received these concessions. Such borrowers are informed to contact their bank branches in this regard.

Corruption & Resignations: Our Situation Looks Rather Pathetic!

By Rusiripala Tennakoon –AUGUST 11, 2017

Rusiripala Tennakoon

There are many things happening in the world relevant to the modern context of things happening here.

Plato wrote as given below:

“What is right is right and what’s wrong is wrong  ………. What is fine, no doubt, is everywhere legislated as fine and what is shameful as shameful but not the shameful as fine or the fine as shameful”.

Politics is a dirty game. Why is it so categorized? Because it is a game mostly played by wicked players. These players have no heart or compassion for the large numbers who elevated them to the position. Those down trodden and oppressed majorities are paying a high price to watch the dirty game of politics. The electors’ expectations to free them from bondages and social miseries are shattered by the nefarious political game players. Politicians are not only failing to deliver the goodies but they are far distancing them from the basic ethics and moralities the public demand from them.

In such a scenario we are compelled to look elsewhere to at least find out whether things are the same everywhere. To our great consolation, there are instances which we can site as exceptional cases of good political leadership influencing ethical conduct.

Photo courtesy Ishara Kodikara and Facebook Foreign Correspondents’ Association of Sri Lanka 

The recently elected French President Macron has insisted that his ministers must be morally irreproachable. His commitment in this regard has been so well acknowledged that he has been nicknamed “Jupiter” comparing him to the all-powerful Roman God of heaven and earth who embodies a sense of morality and the obligation of duty to correct behavior.

Four of his newly appointed cabinet ministers including a President of his powerful coalition partner from Mo-Dem party resigned their ministerial portfolios due to allegations of corruption.  Bayrou, President of the coalition ally said before resignation to a press briefing, “that he had been the victim of an orchestrated smear campaign but decided to stand down to prevent the government being exposed to controversy”.

The ruling party declared that their departure has “simplified the situation”. No doubt the step was a relief to all concerned and the country at large. Some of the members of the party of the resigned ministers are at the center of an inquiry into misuse of funds from the European Union.

The Anti-Corruption Police is conducting investigations into allegations of “breach of trust and concealment of the offence”.

In Pakistan President Nawaz Sheriff stepped down when the Supreme Court ordered to remove him from office over allegations of corruption. Accusations against him were mainly based on the famous “Panama Papers”.

Michel Termor President of Brazil was charged for corruption and helping a young entrepreneur who has made billions of dollars by transactions with insider trading.

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Sri Lanka: President’s Power is in a Crisis

by Sarath Wijesinghe-Aug 11, 2017

The shift of power by changing heads?

( August 11, 2017, Colombo, Sri Lanka Guardian)  Sri Lankan President’s statement that no party or group can form a Government without his “blessings”, even if it is shown that the opposition has 113 members – which is an uphill task – may lead to a constitutional crisis and confrontation in the current political turmoil. Nothing could be ruled out based on the current uncertain trends when Bribery, Corruption, Inefficiency in small and large scales , growing as breath for the disappointed of the citizen living with expectations for a “Change” and “Good Governance”. President’s statement was prompted by number of statements by the opposition claiming change of the government by “changing heads” as under Article 33(1) of the Constitution (amended by the 19th amendment) that the Parliament cannot be dissolved for a period of four and half years akin to the infamous referendum of 1983 extending the parliament for a further period of 6 years without a general election which paved the groundwork for the uprising that lasted over thirty years. Referendum was made a part of the “Supreme Law” by the 4th Amendment to the Constitution by article 2(e) which states “unless sooner dissolved the first Parliament shall continue until 4th August 1989….”. Similarly under Article 4 of the 19th Amendment the life of the Parliament is extended by four and half years where the President can hold on to power without dissolving the parliament whatever the circumstances amounting reintroduction of ta similar referendum from the back door, is as undemocratic as the referendum by H.E. J.RJayawardena. Ironically it is the present Prime Minister Hon Ranil Wickramasinghe who played a major role in the referendum in 1983 won under controversial circumstances which is still in the public domain. Extension of the life of an elected Parliament end of the period is the most undemocratic act by a group of Honourable Trustees of the people appointed to govern the country as trustees for a limited period which today amounts to Executive and Parliamentary dictatorship. President’s blessings in the present context is a controversial statement when he is answerable to the Parliament as an impartial umpire in the head of the State claiming to be impartial and democratic claiming to be ruled under good governance. In addition to the legal basis of the mood and the expectations agitations of the citizen in general are to be considered seriously based on the future ground situation and circumstances. Sadly the government is finding ways and means to postpone/avoid elections due on local and provincial elections due soon in the guise of 20th Amendment to the Constitution.

Direct and Indirect Powers of the President

President is given direct and indirect powers under the constitution, conventions, practices and political manoeuvring as the leader/head of the government cabinet and, a political party in which he is the president with enormous powers including expulsion of members with least effort. Direct powers of the President are set out in Article 33(1) in Article 5 of the amended 19th Constitution to summon prorogue and dissolve Parliament, Appointment of the Prime Minister/Ministers, Chief Justice/other judges, Appointment of Ambassadors/High Commissioners and other powers vested by Article 33. He is the head of the State, a member and head of the Cabinet, and a member of the legislator with no power to vote. Though it was argued his powers are curtailed and limited, he appoints six members of the constitutional Council that appoints high posts are appointed by the President thereby he still holds power over appointments indirectly. It is a known secret of the existence telephone influencing with promises and undertakings. He still enjoys immunity from criminal or civil proceedings under Article 35 (1) (amended) of the 19th amendment. Current President has opted to be the Chairman of the Sri Lanka Freedom Party which lacks democracy as in any other political party in Sri Lanka where the Members of Parliament are at the mercy of the party dictatorship headed by the President of the party with enormous powers. President appoints the Prime Minister – Article 42(4)- among members of the Parliament, a person who, in the President’s opinion, is most likely to command the confidence of the Parliament, and again the President in consultation with the Prime Minister determine the member of Cabinet and assignment of subjects and functions – 43(1)-, Appoints National Procurement Commission, ( 156b), Appointment of the Police Commission Article 38(1), Appointment of the Ombudsman, National Police Commission (38-1), Auditor General (35 – 153a), Appoint other Ministers and Deputy Ministers, and assigns to himself Defence, Mahawali Development, and Environment along with all other responsibilities, assignment and duties. Just after the 8th January victory the President appointed Hon. Ranil Wickramasinghe as the Prime Minister with a minority government of 67 members, whilst the former Prime Minister was still holding the office and the Chief Justice his Lordship Mohan Peiris was removed merely by letter a from the Secretary to the President both acts are undemocratic and unconstitutional.

Legal basis and Morality

Above analysis is the legal basis of the issues with is brewing vigorously in the absence of periodic elections the electorate is early awaiting for. Despite series of serious accusations previous regime conducted 29 elections at the maturity of the life of provincial and local bodies. It is unfortunate the rulers have not learnt bitter lessons and dangerous consequences of not holding periodic elections in/during 1982 that led to the JVP uprising in 80’s and LTTE terrorism that ruined the nation over three decades. Electorate should not feel that they are denied of the basic democratic rights of franchise used and enjoyed successfully since independence in an exemplary way for decades/generations. If the electorate is claiming /demanding a change forcible suppression in any way will lead to anarchy and loss of confidence. It will be an enormous task for the opposition to mobilise 113 Members of Parliament for a Change considering the privilege’s and perks enjoyed by the legislature they embrace with great care irrespective party politics or any other differences. Everybody enjoys glory power and the unlimited financial benefits protecting the mafia at any cost until the last moment to earn for generation before forced out. There is a move for approval of 715 million for the travel expenses of the \members of parliament for the month of June is a fraction of the massive burden of the citizen. Ravi Karunanayaka’s resignation is stage managed to protect the real culprits and a fraction of massive corruptions. Suppression the will/wish of the citizen on technicalities’ or President powers will not be a vice step as it may explode to unexpected magnitude, which could only be avoided by holding periodic and impartial elections by the Executive President who is still enormously powerful.

Executive dictatorship and /or Parliament Dictatorship (popularly known as the Parliament Mafia)

Dictatorship is a form of government in which a country is ruled by one person or by polity and power is exercised through various mechanisms in order to ensure the countries power remains strong. Power of the President is well centralized despite the hastily and haphazardly approved the 19th amendment tailor made for the President and Prime Minister by Article 17(1) and Article 51 introducing restrictions on the most popular opponents akin to the removal of civic rights of Madam Bandaraneike after 1977 victory. She was the most powerful and winning contender over H. E. J .R Jayawardena whose rights was supressed for JR’s victory. Taking Defence, Mahawili and Environment under President under 19th amendment is a tailor made changes to the Constitution to benefit the President Sirisena and Prime Minister who was unsuccessful in 29 elections compelled to dissolve the parliament prematurely on a technicality during then President Madam Kumaratunga Bandaraneike. Sri Lankan Parliament consists of 225 members enjoying privileges, and perks unparalleled to any other parliamentarians anywhere in the world. They are paid high salaries, salaries for staff, housing, insurance, extremely cheap food and transport in addition to the vehicle permits they sell illegally with enormous profits. The privileges and perks are accruing unlimited and all the members are united in enhancing perks and privileges though fight tooth and nail on all other matters. Both referendums the Parliament voted with no hesitation in addition to the 17th, 18th and 19th Amendments to the Constitution which is hastily and haphazardly drafted legislation which has muddled the constitution as a pickle. Every member has a craze for expensive vehicles and the public action case instituted by an activist lawyer Mr Naganande Kodithuwakkue , that 100 Parliamentarians have sold their car permits illegally at a loss of 3.1 billion to the citizen. When Mrs Dilrukshi Wickramisinghe was confronted she has taken up the position it is the government policy, though principles of the “Lichchavi” good Governance is otherwise. At the courts the Attorney General has undertaken to initiate legal proceedings, no steps have been taken so far. These hundred are those who are exposed when all or most others including the leaders of parties and those holding high positions have enjoyed the benefits. Others are no angles with skeletons on their cupboards. There is a weak opposition of 16 MP’s whose mandate is to look after the North and East voting with the government in the Parliament and supporting then at every turn. The situation has worsened with the undemocratic political parties with enormous disciplinary powers over the members in the parliament.

Now that all political parties have joined together to jealously guard and protect their benefits at any cost, it is hard for a split group and to mobilize 113 members for a change.

Constitutional Crisis in the Making

Major Constitutional changes are due with the appointment of a Public Representation Committee for a new constitution and Committees in the Parliament despite number of schools of other schools of thoughts that the constitution should be amended without going for a new Constitution due to most controversial issues on Religion, Devaluation, Unitary nature of the State and provisions on Reconciliation when the citizen is more interested on water and electricity cuts, drought, after effects of the floods, blast at the Army, Uma Oya, cost of living and Hambantota agreement with a private Chinese Company and plans of sale allegations of sell off of family silver. Proposed 20th amendment to hold the provincial elections on the same day and not holding elections of the provincial and local councils as scheduled is a dangerous move and motivated with ulterior motives to postpone elections they are scared to face. It appears that the government intends postponement elections due to unpopularity and other scandals that have made issues complicated. Would these unwise steps ease the tension or explode is a matter left to the citizen and the political activists. We wish and pray the Trustees of the Nation be wise rulers.

Why was Cabraal not summoned before the Bond Commission?: UNP backbenchers question

Sandasen Marasinghe and Disna Mudalige-Friday, August 11, 2017 

UNP backbenchers today questioned as to why former Central Bank Governor Ajith Nivard Cabraal or his sister Shiromi Wickremasinghe were not yet summoned before the Presidential Commission of Inquiry on the bond issue.

UNP MP Professor Ashu Marasinghe speaking at the Parliamentary debate pointed out the PCoI would need the help of informed advisors as it has so far failed to summon the most relevant witnesses.

Cabraal’s sister Shiromi Wickremesinghe was a director at Perpetual Treasuries Ltd. The names of former CB Governor Cabraal and his sister have also been implicated in the treasury bonds allegations.

UNP MP Nalin Bandara bolstering Marasinghe’s position said former President Mahinda Rajapaksa, who was the Finance Minister when the PTL was set up, should also be summoned before the PCoI if former Finance Minister Ravi Karunanayake was summoned.

“Those in the AG Department have not been able to verify the signature of the former Defence Minister for two long years. How can we believe in their competency to handle these investigations? A large number of files have been sent to the AG Department after completing investigations. The AG Department should expedite investigations into them,”  Prof Marasinghe charged.

“We urge the Attorney General’s Department to do justice in their investigations. If not they will fail to deliver what people expect from them,” the MP added.

Killing off Lanka’s Machiavellis Not so easy Bro!

WINSTON DE VALLIERE-2017-08-11

Ask any man on the street, in a big corporate office, or as I did, ask the guy who prepares tea for the staff to share his thoughts on the current miasmic mess that the government is thrashing around in and you find that there's an amazing unanimity of opinion. It boils down to a simple statement of fact, to wit, that the continuing deplorable CB Bond Crisis that has done in Ravi Karunanayake is yet to begin exposing the real dirt in that scandal. Victim number one was CB Governor Arjuna Mahendran. Yesterday saw victim number 2, Ravi Karunanayake. More will follow.

All are of the opinion that protestations against this fact made by the ex-Finance and latterly Foreign Minister Ravi Karunanayake are no more than face-saving protestations. One pertinent question they all ask is this: Why resign? To pre-empt what? A collapse of the Government? That's not even remotely relevant. To pre-empt an internecine split in the UNP-SLFP merger? What was the Government afraid of? Why were there virtual confirmed reports that the President, PM, UNP and SLFP government mounting pressure on Karunanayake to quit, if as he protests, he is guilty of nothing?

Looked at from an abstract angle, one must admit that one fails to see the rationale in an innocent man quitting for the claimed altruistic objective of not harming the Party or the Government. But then, one must ask, how cannot quitting harm the Party or Government?

The Opposition and civil society elements can only go so far as there is a tangible element of evidence tantamount to proof of guilt. They can do nothing beyond making a big noise. The minister has in resigning claimed that the luxury flat at Rs 1.5 million a month, was rented out to a company owned by Arjun Aloysius who happens to be a school-days friend of his daughter as well as of Nahil Wijesuriya's daughter, who was the owner of the flat.

That's about it? But how come he earlier said he knew nothing about the renting or subsequent purchase? And for what earthly reason must his daughter's friend and his daughter's friend's friend go before the PCoI to make a statement about the renting and sale of that flat? One could leave a margin for a juvenile lack of knowledge of official etiquette and common law had a greenhorn teenager not known the implications of having the remotest, even unconnected though inherent link to Arjun Aloysius in such a deal very especially at a time when the man was embroiled in the muck raked in the process of the CB Bonds scam probe.

But in this instance we are dealing with a man of the world, a learned and knowledgeable man, a man holding very high State office. To claim he was unaware of and indeed must not have such remotely linked family dealings with a man who is the chief accused in a scam has not gone down too well with even the ordinary man on the street who has at least a modicum of intelligence.
Insulting

Such stances can only be insulting to the entire PCoI and the AG's Department as well as to all the top men at the Central Bank who can smell a virtual rat a mile away. To submit an explanation is one thing. To expect intelligent beings to swallow face-saving inanities is an insult to the collective intelligence of many. The crux of this issue is not that the ex-minister is guilty of any crime but that family deals, as he claims, have shown him to be not averse to even a non-direct obligation to Arjun Aloysius.

The Commission will ask questions such as the impropriety of going along with deals with a major suspect in a massive fraud. For let it not be forgotten that SMS transcripts from Aloysius's phone very strongly suggest both Aloysius and his secretary having exchanges about CB Monetary Board minutes and requests to elicit such information from 'Hon RK'. This might suggest, if nothing else will, that his daughter's friend and his daughter's friend's friend, namely Arjun Aloysius is also his friend, else, how come he is advised to talk to him to get minutes of the CB Board Meeting.

Following that line of logic we can only come to one conclusion: Aloysius can only get that information from his father-in-law Arjuna Mahendran, the then Governor of the Central Bank who did not seek an extension in office after the Bond scam was exposed.

"Arjuna Mahendran is directly responsible in the 2015 – 2016 Bond transactions, and therefore, legal action must be taken against him and the other officials who were involved in the transaction and steps must be taken to recover the loss from him," the report by COPE Chairman Sunil Handunneththi said.

Always a man to stick by his friends, Premier Ranil Wickremesinghe said nothing against Mahendran at that time or after. He has extended that same loyalty to Ravi Karunanayake, who as RK says, has given of his all to the leader and the Party for the past 30 years.

That counts for much in politics! And in non-political friendships too it seems: Admirable but for the peculiar circumstances in which such loyalties abound.

At the end of the day we have a top Cabinet minister in charge of the nation's economy no less, a Central Bank Governor, his son-in-law, his friend the owner of a flat rented out to a company owned by him, that flat occupied by this minister who has been apparently asked to get CB Board minutes from the CB Governor by his effective generous landlord who lets him occupy a Rs1.5 million a month flat, free and gratis!

You be the Judge. The Jury might never be out on this one if I know anything about dirty politics!

Cutthroat Dealdasa the slimy scoundrel ensnared at last..! No confidence motion against this Trojan horse.!

(Lanka-e-News - 10.Aug.2017, 11.30PM) While those who took measures to chase out the crooks are being maligned and mud is  slung at them ; and no confidence motion is being brought  against them by the crooks , the notorious minister of justice Dealdasa the tie coat, turncoat  cutthroat too is delaying legal action against the rogues while also  negotiating illicit deals with them  , it is learnt that the pro true good governance parliamentarians , which includes those of the government and the opposition are readying to move for a no confidence motion against infamous Wijedasa alias Dealdasa , widely known as the Trojan horse , based on reports reaching Lanka e news. 

It is an indisputable fact the masses that contributed to the victory of the rainbow revolution are disillusioned because  the  present government is not apprehending the culprits . Though  the police and other Institutions have concluded their investigations , and have forwarded 874 files to the Attorney General’s (AG) department , the latter has still not filed the cases. All these cases are in cold storage at the AG’s  department . Yet strangely the same department examined  within two days the charges against Ravi Karunanayake contained in 8800 pages , despite the fact  for the last two years the AG department had not been able to verify just the signature of culprit Gotabaya in the case in which the latter has siphoned off public funds illegally to build a mausoleum for his parents. What’s more ! even  the criminal  cases against Rajapakses were postponed until as many as  8 to 9   months.

Now , it has come to light that it is none other than the infamous  justice minister Wijedasa alias Dealdasa who is behind all these conspiratorial activities and procrastinations .The MP’s and ministers of the government are now aware ,without  any trace of doubt it is this tie coat- black coat  who  has turned into a turncoat -cutthroat . In addition , this slimy  scoundrel is now even outrageously  making irresponsible and rash statements violating cabinet norms and traditions.

Having come to know that it is this rascally Dealdasa who is behind all these anti government  trickeries and treacheries while being within the government , and is a Trojan horse , a large group including government backbenchers, opposition MPs, and ministers have started taking signatures today to go ahead with a  no confidence motion against Dealdasa . As good governance supporters  we are  reporting  this with delight. 

Based on those who are signing the no confidence motion against Dealdasa , it could be judged who are those truly against the rogues.

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by     (2017-08-10 22:16:37)