Reformulate 20th amendment to prevent undermining of democracy and devolution

Aug 15, 2017

The proposed 20th Amendment to the constitution seeks to amend the law relating to elections to the provincial councils to ensure that these are held on a single day and not on an ad hoc basis.

The government has explained that this would lead to a reduction in the costs of elections and give more stability to governance. While the government is entitled to hold these views, and to prioritise these matters, the National Peace Council notes some features of the proposed amendment that contain disturbing elements.

 The proposed law can lead to the postponement of elections to those provincial councils whose terms of office lapse early. Three provincial councils have their terms ending by October of this year. Some provincial councils, on the other hand, will have their terms continue until 2019. The proposed law vests the power to administer provincial councils whose terms have ended with the central authorities until such time as elections are held.

 The design of the provincial councils was a result of the quest for a political solution to the ethnic conflict and was meant to ensure political autonomy and self rule on a limited basis to the provinces. The provincial council system was originally established in 1987 to deal with the escalating war against the Tamil militancy led by the LTTE. The democratic Tamil parties have sought to utilize it to as a building block to progress to a greater sharing of power while functioning within the existing unitary constitutional framework.

 In this context, tampering with the provincial councils, by postponing the elections to them, and by further reducing their devolved powers even temporarily, needs to be viewed with the utmost concern. The provision in the 20th Amendment to vest governance of a provincial council whose term has ended in the central authorities is violative of the basic principle of devolution of power. The National Peace Council calls on the government to desist from the passage of the 20th Amendment to the constitution in its present form.

Tilak Marapana sworn in as new Foreign Affairs Minister

SRI LANKA’S MINSTER IN CHARGE OF POLICE MARAPANA BATS FOR AVANT GARDE, UNDERMINES RANIL

2017-08-15

Minister of Development Assignments Tilak Marapana had been sworn in as the new Foreign Affairs Minister before the President a short while ago.

He was appointed to the post following the resignation of Minister Ravi Karunanayake.

I don’t know: Shiranthi

Wednesday, August 16, 2017

Former First Lady Shiranthi Rajapaksa pointed to her staff when questioned yesterday about the Land Rover received by her from the Sri Lanka Red Cross Society in 2011 as the head of the Siriliya Saviya Foundation. While speculation is rife about the possible role played by the vehicle in the abduction, torture and murder of national rugby star Wasim Thajudeen in May 2012, the former First Lady was not confronted directly with this evidence, it is reliably learnt.

She was interviewed by the police Criminal Investigation Department at length about the Land Rover Defender vehicle which she had received as a gift on August 11, 2011, from the Sri Lanka Red Cross Society nine months before the murder of Wasim Thajudeen in May 2012.

Police were tight-lipped about the questioning, but sources close to the investigation said she responded with a stock “I don’t know” to most of the questions put to her by investigators, diverting blame on many probing questions to members of her staff.

According to court reports by the CID, the 28-year-old national rugby player Wasim Thajudeen was sadistically tortured and murdered after being abducted late in the evening of May 16, 2012. The CID has yet to formally comment on the precise role, if any, allegedly played by the Land Rover vehicle that was officially given to Rajapaksa ostensibly for the use of her Siriliya charity.

A separate investigation is underway over the police cover up of the May 2012 murder, which the then Senior DIG of Colombo Anura Senanayake had allegedly declared as a traffic accident.

Senanayake is currently on bail after being remanded for over one year on suspicion of obstruction of justice and destroying evidence of Thajudeen’s murder.

The Judicial Medical Officer who conducted the initial post-mortem examination, Ananda Samarasekera, is facing possible arrest for allegedly falsifying medical records, after a fresh post-mortem report indicated several critical flaws in his report, and also the disappearance of several of Thajudeen’s bones that he kept in his custody.

An exhumation and a fresh post-mortem examination in 2015 showed that Thajudeen was repeatedly hit on the head, his teeth and pelvic bones broken, his ribs fractured and the thighs slashed using a broken glass bottle indicating sadistic torture. There were also signs that he had been repeatedly assaulted with a blunt instrument and then put inside his own Toyota Vitz car which was then set ablaze at Park Road, Colombo.

There had been speculation that the murder was also linked to a love triangle involving Thajudeen, a Rajapaksa son and a woman who had been given a diplomatic posting and sent off to Australia by the former regime, however investigators ruled out that theory during investigations. The CID have homed in on another possible motive linked to the control of the Havelock Sports Club in which Thajudeen was a powerful figure. Members of the Rajapakse family were allegedly trying to secure control of the club against Thajudeen’s objections, according to people close to the Thajudeen family.

Telephone calls from the former President’s office

Minutes after Thajudeen was killed, the Officer In Charge of the Narahenpita police, where the accident took place, had received several calls from telephone numbers connected to the Presidential Secretariat. It is believed that a massive cover-up operation had been initiated without delay, and investigators also found that note books of presidential security men had vital pages destroyed. Several of them are unable to account for their movements during the period Thajudeen was abducted and killed. These bodyguards of the former president are under investigation in connection with the abduction and murder.

Red Cross vehicle allegedly used for murder

The Sri Lanka Red Cross had admitted that the vehicle had been gifted by the organisation to Shiranthi Rajapaksa following a request from the then government.

The head of the Sri Lanka Red Cross, Jagath Abeysinghe, who was questioned extensively by the CID, said he was asked to make the “donation” and had posed for photographs with the then first lady and the vehicle.

Abeysinghe, a close friend of the former first family, has maintained that he authorised the gift of the Defender to the Siriliya Saviya Foundation.

It was not clear on what basis the Red Cross, a member of the Geneva-based International Federation of Red Cross and Red Crescent Societies, gave the vehicle to Siriliya and subsequently took it back after Rajapaksa lost elections in January 2015.

The Sri Lanka Red Cross in a statement posted on its website said the then Social Services minister Felix Perera had requested them to give the vehicle to Siriliya and that they should “consider it a privilege” to be able to gift a vehicle to her.

Accordingly a Defender bearing the number plate WP - KA 0642 was handed over to the Chairperson of the Siriliya Saviya Foundation Former First Lady Mrs. Shiranthi Rajapaksa on the 11th of August 2011,” the Red Cross said.

Investigations are continuing and official sources said several high profile arrests were imminent.

Democracy vs. Autocracy

Tuesday, 15 August 2017 

Foreign Minister Ravi Karunanayake resigned. There were many arguments and debates over the issue. There were lot of opinions that the present Government failed miserably. They came into power pledging that the persons of the previous regime who were responsible for frauds will be punished but in the run a Senior Minister of the present regime had to sacrifice his portfolio on ethical grounds. The report of the commission on bond scam is yet to be issued.

Sri Lankan society traditionally is with high power distance, which means the way in which power is distributed and the extent to which the less powerful accept that power is distributed unequally. That was one of the underlying reasons why the people accepted the virtual kingship of the previous President. That status was deteriorated over the time due to autocratic governance style and corruption.

The present Government came into power pledging to establish democratic processes and punish for the corruption of the previous Government. There is a marked delay of apprehending those who were responsible for the corrupt practices of the previous regime. Moreover, there are allegations that even the present Government is corrupt. Therefore people are dissatisfied over the record of the Government in this line.

Democratic processes are being established and people are dissatisfied about the existing brand of democracy. Some of them prefer autocracy against existing brand of democracy. We can approach this issue of democracy with the following example.

At the presidential commission to investigate the bond scam, Additional Solicitor General Dappula De Livera (DL) alleged that Ravi Karunanayake (RK) was lying under oath.  Relevant questions and answers are given below as reported by the Sunday Times on 6 August:

DL: Do you know that this company GTL negotiated to purchase this agreement?

RK: How do I know, I am not in the company?

DL: Did your wife tell you?

RK: No

DL: Did they tell you? I am asking a simple question.

RK: Subsequently they told me they bought it.

DL: That was after.

RK: There is no necessity to tell me, because they are running the company. Not I.

DL: There is a limit to lying.

RK: I take offence on that, I am on oath, you are not on oath.

This certainly is a characteristic of a matured democracy. Looks like the Government officers said goodbye for good to the regime of kingship. Although there were criticisms of this behaviour of the officer, it is certainly commendable.  The credit should go the present Government unfortunately at its own expense since in the process ethical behaviour of a Senior Minister was questioned.

There were questions from certain ministers and politicians how these 8,600 pages of data were retrieved from Arjun Aloysius’ mobile phone within two days. Explaining how this happened at the Commission, Additional Solicitor General Yasantha Kodagoda said: “Kodagoda can’t fabricate messages in Aloysius’ phone, and that has to be clarified, because some illiterate people are making false allegations, which only reflects the level of their literacy.” (Daily Mirror 12 August)

We can compare the behaviour of the Attorney General’s Department under the previous regime with its present behaviour. Prime Minister Ranil Wickremesinghe mentioned the following at a recent speech: “Today there are so many investigations where ministers are brought before the Attorney General and questioned. Did this occur before? Those days the Attorney General was any acolyte of the President.” (Daily Mirror 7 August).

The Prime Minister should remember that not only during the previous regime where all the malpractices came to the zenith, even during the UNP regimes the behaviour of some of the officers who held the post of Attorney General were not commendable. However authorities have not given an explanation why the same efficiency cannot be applied in the cases against the members of the previous regime.

Ravi Karunanayake’s resignation was the third of the recent history. First was of Gamani Jayasuriya who resigned protesting against the Indo Lanka Accord in the J.R. Jayewardene regime. Recently Tilak Marapone resigned when there were allegations against him about connections with Avant-Garde. Introduction of this culture, which is a characteristic of matured democracies, to the country is commendable. Therefore the country and the State is coming of age in this line. All of us should keep this up and those officers should be defended.

The Prime Minister recently at a public speech commenting about the losses of SriLankan Airlines said: “What did Lankadeepa do when these losses happened? What did Daily Mirror do? Daily Mirror newspaper asked me to resign from the party leadership when I revealed losses that occurred during the tenure of the last regime.  The media in Sri Lanka don’t have an ethical right to say that such and such things have happened. Why is that? They all went shopping on their behalf – ‘kade giya’. Lankadeepa, Divaina, Ada, Dinamina, Silumina are all guilty of this offence.” (Daily Mirror 7 August) The owner of Lankadeepa and Daily Mirror is the Prime Minister’s mother’s younger brother and the father of the State Minister of Defence.

During the previous regime Gotabaya Rajapaksa, then Secretary to the Ministry of Defence, once threatened the female Editor of Daily Mirror over the phone. He also scolded Frederica Jansz, Editor of The Sunday Leader, in raw filth over the phone. Jansz eventually left the country for fear of her life. None of the newspapers dared to criticise him except Ravaya. Therefore the criticism of the Prime Minister is within a democratic frame.

However people are dissatisfied over the present form of democracy. Democracy was not evolved in our country and it was thrust upon us in 1931. Our collectivist cultural habits do not accord equality to out-group members. What is important is not justice and equality for all. What is important is to safeguard the interests of the in-groups and this does not go in line with the values of a matured democracy. That is why we did not have leaders other than Sinhala Buddhists in this country. We had only one leader outside of the Govigama caste.
We can compare this situation with India where pluralistic values prevail. Therefore under these circumstances when the Government is trying to be less autocratic the Opposition tries to be more aggressive since priorities of the interests of the Opposition remain within and national interests are secondary. That is why the Parliament could not have a draft constitution which was a prime objective of the Government even with a so-called Unity Government.  So that the people might think that this system does not work and they would prefer autocracy in place of it.

We have experienced the taste of autocracy bitterly. In this type of culture we would not have benevolent dictators. Therefore all of us will have to safeguard the present form of democracy which is evolving over the time. In this process, the Government will have to govern effectively where necessary, rather than allowing things to slip between the fingers.

Ravi K’s Case Must Not Be Taken In Isolation

By Vishwamithra –AUGUST 16, 2017

“Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you.” ~ Friedrich Nietzsche

When wheels of change begin to turn, it does not care who stands in between. The brashness and bluster, which is usually associated with change, alone could consume into oblivion those who dare challenge change. Or for that matter, a mere whisper of change could send intense ripples on a placid pool of civil service and those who pretend to be ‘servants’, but who in fact are masters of evil. Only those who have a discriminating mind could withstand the fury and fierceness of a socio-political change. That change has no mind, it has no heart and it certainly has no mercy. Guessing that such a change would grant small favors is incredibly naïve and foolish. Resting in a comfort zone without making any strategic or tactical adjustments to one’s journey’s goals is unacceptable. And meandering aimlessly along an already trekked road would result in being bereft of fresh opportunities leading to one’s material and spiritual stagnation.

When Sri Lankan voters elected this government in the last Presidential and General Elections in 2015, the hopes and expectations were unforgivingly high. They, the hopes and aspirations, are now being dashed to the ground. Corruption and nepotism, I have written many a time, over and over again, cannot be traced to the last regime alone. All politicians, especially in the so-called Third World, are unwisely clinging on to the belief that political power gives them unlimited supremacy over their subject. Whether it’s a democracy or a dictatorship, this frightening phenomenon of political power invested so much with power to impose any and everything on the masses is further augmented by populistic policies that these rulers advocate before they assume the mantle of power.

Lack of preparedness on the part of an overwhelming majority of the country to embrace democracy as a mode of government is being displayed each time such a populist rulers come to power. Sophisticated tools such as a well-educated civil service and a robust private sector that a modern democracy employs to facilitate governing mechanisms, albeit available to be followed to the letter, the excruciatingly slowness of the process in ‘getting things done’, tells on the entire system and impatience on the part of the masses is exploited to the hilt by the existing parliamentary opposition in a democracy or an underground one in a dictatorship. This impatience of the masses is easily made into a battle cry by the prevailing socio-political forces in the country. Social scientists may debate as to what precisely is the cause and effect of this convoluted process, yet would not conclude as to one single overall effect such a defaced system would eventually bear on the people. The burden of freeing this corrupt system of all its advocates and executives is too heavy to bear, for one man or one movement.

Revolutions may erupt in such conditions if the material circumstances conspire to produce such. Revolutions with all their optimistic promises have invariably met with limited results. Whether it’s the Russian, Chinese or Cuban kind, they have all produced an utterly enslaved people, servile to the power they desired. Undoing of the results that such revolutions entail is no easy task for the succeeding powers. Sri Lanka is far away from such revolutions. She has successfully thwarted any such attempts on all occasions. But the underlying force of simmering frustrations is taking deep root and the results could be either an explosive outcome or apathy. Whichever it is, a confrontation between two value-systems seems inevitable.

Read More

Political commentary What’s next? Who’s next?

By Abdul Samad-2017-08-15


My last article on the correlation between political stability and foreign direct investment is starting to make more rational sense with the recent events unfolding at a rather breathtaking pace. Some key milestones have been achieved through public pressure on the current political establishment.
In this context it is increasingly evident of the instability that is prevailing. In such a scenario the country is set to lose further on the economic front as the world sees turmoil in the Sri Lankan political climate. The focus and the momentum have shifted and so have the long term economic objectives. In fact it is right to say that there are no tangible targets in sight for the economic progress of the country.

Events that unfolded this week have been shocking to say the least. The government is trying to gather the pieces of its fall from grace. A hailstorm of sorts has its functioning in recent times with key individuals being cornered from the limelight of governance.

Resignation

Ravi Karunanayake's resignation in the aftermath of mind boggling corruption charges was a vindication that the general public still holds the key to success of any political establishment. His resignation was not orchestrated by President Maithripala Sirisena or Prime Minister Ranil Wickremesinghe but they succumbed to the intense public scrutiny that unravelled in the aftermath of the corruption charges.

Post 8 January 2015, the unity government assumed power with a promise to people in allocating portfolios on a rational / scientific basis. Considering such a scenario the voter had the right to expect clean governance.

However, it was rather bizarre the way the President and Premier chose to allocate portfolios. The allocation was based on more to synchronize the functioning of the government as opposed to giving portfolios based on merit and skill. This is much easier said than done as most of the Parliament consist of inefficient, corrupt and individuals without any credentials. However, the false promises of a new dawn with scientific rational has faded with time and space.

Key elements

One of the key elements of the two years of this political establishment is the lack of sync among key individuals in the eco-system. Time and again situations have surfaced where the lack of sync has both hampered key decisions and halted economic progress of the country. A Cabinet reshuffle, a key resignation, political infighting has led to stability that is remote and scarce.

In the aftermath of the Foreign Minister's resignation new reports have emerged of a No- Confidence Motion being raised against Justice Minister Wijeyadasa Rajapakshe. Surprisingly, the motion is coming to life within the UNP ranks and not from the Joint Opposition (JO). This is a clear case of lack of compatibility and no sync within the key ranks of the establishment.

Looking at the last two plus years of the administration one can see that it is flooded with scandals and debacles. However, the senior orchestrators of the government remain elusive and ignorant of them. The list of scandals is appalling. Some of the outrageous events on the list are as follows:

• CBSL Bond Scam is probably the most important and most corrupt incident in recent history. Sri Lanka lost Rs. 1.6 billion within a few minutes and according to the Attorney General's report loss to the EPF fund is to the tune of Rs. 15.5 billion. Sri Lankans witnessed daylight robbery of their hard earned money. While the focus remains on Ravi Karunanayake, Arjun Aloysius and Arjuna Mahendran, it would be insane to think that such a scam could have occurred without the blessings of senior figures in the government.

• The Economic and Technology Cooperation Agreement (ETCA) and its failed mega hyped projects that could have shaped the future of the country are strangled. The Google project, Total Pay National Payment Platform project, and E-nic project have failed. While all the executives are handsomely paid and some even report to work only three times a week, they use the platform to collect electronic data of private individuals, core functions of the organization remain ignored and isolated.

• Lakshman Kiriella and Kabir Hashim allegedly made merry with the irregularities followed in awarding the respective contracts regarding the Colombo Outer Circular Expressway and Central Expressway. The contracts were awarded without a proper tender procedure and were signed on a Sunday which is all the more shocking.

• The Supreme Court (SC) verdict over the coal scam had been shocking to say the least. The SC also advised Lanka Coal Company to terminate the agreement with Swiss Singapore Company Limited. However, it was ignored.

The Chairman of Lanka Coal Maithri Gunaratne who stood against it was removed from his position.
A government that rose to power promising good governance completely ignored the Judiciary and its verdict.

• Lakshman Kiriella and Kabir Hashim pointed out the irregularities in awarding the contracts to the Volkswagen Factory, the Panama land grab by Daya Gamage, the appointment of Tilak Marapana to the Cabinet after allegations of Avant Garde Floating Armoury are some of the other mind boggling events.

New wave against corruption

Now that the new wave against corruption has come to the forefront in the country, we need to ask what's is going to happen next? Was Ravi only a scapegoat to hide the others? Does the government think that voters are illiterate people?

The question also arises, if this trend continues, what's the next major scandal that's brewing? As citizens, are we to accept that corruption is part of the system or the system itself is corrupt?

If the main participants of the current administration even have a little shame left, they should take the lead in dissolving Parliament and call for fresh elections. The past two plus years have categorically certified that the government is incapable and unable to take the country in the right direction.

The people of the country have rightly voiced their anger and discontent on recent revelations and consequently we have a high profile resignation. If the administration continues to ignore the voice of the people, social unrest may be the next big event we all have to face.


Samsaleem01@hotmail.com

Muhunthan Canagey resigns from his post as CEO and MD of ICTA

Aug 14, 2017

Muhunthan Canagey, CEO and MD of ICTA has announced his resignation from the agency.

Multiple allegations of corruption and financial malpractice were leveled at the ICTA, with the most recent being the National Payment Platform.

Just last week, the Chief Opposition Whip Anura Kumara Dissanayake raised questions in parliament in this regard.

Subsequently, Deputy Minister Dr. Harsha de Silva stated that he had called for an immediate inquiry into the matter and that action would be taken.

 

Standards for non-standard forms of employment in Sri Lanka

By Priyanka Jayawardena-Tuesday, 15 August 2017

More than half of Sri Lanka’s wage employees are engaged in non-standard forms of employment, as temporary/casual workers or workers without a permanent employer. These non-permanent workers are often subject to unstable employment, with insecure employer contracts, limited social security, low pay, and poor working conditions.

Given the uncertain nature of their employment, such workers also find it more difficult to plan their lives in the long-term. The need to promote more decent work in the country is therefore an important policy objective. This calls for exploring ways of transforming non-standard forms of employment to work of greater quality.


Defining non-standard employment

The following three types of employment are considered as non-standard forms of employment: (1) temporary employment; (2) casual employment; (3) employees who do not have permanent employer.


Key findings
More than half of the wage employees are temporary workers. As of 2013, out of the total wage employees of 4.7 million, 56% (2.6 million) were in non-standard forms of employment.

A total of 90% of temporary and casual workers are attached to the private sector. Further, the private sector has expanded for temporary and casual jobs in the recent past. During the 2006-2013 period, temporary and casual workers in the private sector have increased by over 350,000 while permanent employees attached to the private sector have increased only by 15,000 during the same period.

The majority of the temporary/casual workers are not benefitted under social security schemes. The EPF Act covers any employee irrespective of whether they are permanent, temporary, casual or shift workers. However, data reveals that out of the temporary workers, 86% are not covered by the pension scheme or the provident fund.

Most of the temporary employees are not given any written contract. Although it is an obligation to issue a letter of appointment to employees, around 83% of temporary and casual employees have not received a written contract. Absence of documentation to establish employee employer relationship may dilute the worker rights that are stipulated in labour legislation.

Huge, inexplicable wage differences exist between permanent and temporary workers. The difference in monthly wages between standard versus non-standard forms of employment were 89%, favouring standard employment. Of the wage differences, 43% were due to unexplained reasons, such as unequal treatment of non-standard workers and probationary nature of employment.

Manpower workers are treated differently to their permanent counterparts and lack access to social protection, receive low wages, etc. Workers who are not directly hired by the organization they work for, but are hired by third party agents or sub-contractors are referred to as manpower workers. Manpower workers are not given a contract letter either by the company they work for, or by the manpower agency. It is a precarious work arrangement, and raises serious concern, as it is often unclear who is responsible and accountable for the rights and benefits of these workers.

Study findings revealed that labour supply side issues such as less educated, unskilled workers and new labour market entrants were more likely to be engaged in non-standard forms of employment. These factors negatively affect employer's selection criteria for permanent job opportunities.


Policy recommendations

Both labour supply side issues as well as limited permanent job opportunities influence the higher incidence of non-standard employment in Sri Lanka. Study findings revealed that there are two main reasons for increasing trends of non-standard forms of employment in Sri Lanka.
Data reveals that private sector has expanded more for temporary and casual jobs in the recent past which creates demand shortages for permanent job opportunities in the labour market. Also, labour supply side issues such as less educated, unskilled workers and new labour market entrants were more likely to be engaged in non-standard forms of employment. Therefore, measures need to be taken aiming at restricting the expansion of precarious work while protecting the worker rights of precarious workers; it is also necessary to give ways for more and better job creation while addressing the skill gap issues.

It is important to have regulatory mechanisms to protect the worker rights of non-standard forms of employment, including equality of employment conditions, social protection, etc. As a first step, issuance of letters of employment to all temporary, hired employees should be made compulsory for companies that use such hired labour. Once a contract is awarded, the tenderer is required to provide a list of employees delivering services, working hours, leave entitlement, etc. Also, it should be necessary to provide a pay slip with details of wages, social security, taxes, and allowances and deductions.

The use of temporary workers and agency workers must be limited to legitimate needs – for example, to meet the seasonal demand of businesses, to provide supplementary services such as security, and janitorial services. Through such measures, companies can be discouraged from increasing temporary or agency workers above a reasonable threshold.

There is also a critical need to regulate all manpower agencies. As a first step, all the manpower agencies should be registered under the Department of Labour. In addition, legitimate measures should be taken to ensure that workers in triangular relationships can participate in meaningful collective bargaining. Working with trade unions to promote the above-mentioned standards is recommended.

Addressing labour supply side issues: Findings of this study revealed that less educated people and new labour market entrants are more likely to be engaged in non-standard employment. This is mainly due to existing skill gaps of school leavers. Therefore, a proper training system should be initiated for students after sitting for O-Levels to address the skill gaps. Training programme should be more work-oriented technical training programmes in different fields – such as hotel, construction, textile and garment sectors.

Giving ways for more and better jobs: Increased legislation alone will not work as it will make it difficult to attract private investment. Therefore, multiple strategies are needed to combat the growth of non-standard forms of employment. Government could facilitate permanent employment in the private sector with introducing strategic protective measures to safeguard the rights and benefits of the workers, such as unemployment insurance, universal pension schemes, etc.

It is difficult to completely eliminate this type of labour as it has been integrated into the labour market. The final objective of all these efforts is to provide a safe and decent working environment for the future generation.

[Priyanka Jayawardena is a Research Economist at the Institute of Policy Studies of Sri Lanka (IPS). This article is based on an IPS Study on ‘Why People Choose to Participate in the Non-Standard Forms of Employment in Sri Lanka’.]

Gota blames it on secretary, washes his hands off!

Aug 15, 2017

Ex-defence secretary Gotabhaya Rajapaksa has told the presidential commission investigating serious frauds and corruption that he was not aware of the machinery at Kankasanthurai cement factory being sold for scrap iron, and that the then senior assistant secretary Siri Hettige was to be blamed.

Lanka News Web previously revealed in detail about this scrap iron scam. Although Gotabhaya tries to blame it on Hettige, presently senior assistant secretary at the petroleum ministry, we will mention here the part played by the ex-defence secretary in the scam.

Cabinet approval needed

In 2014, plans were made to sell old machinery of the KKS cement factory as scrap iron, and the defence ministry’s internal auditor made it clear that that could not be done as the factory did not come under the ministry. He said cabinet approval was needed for that. Taking that note with him, Hettige went to meet Gotabhaya.

Gotabhaya told him that he discussed the matter at the Security Council, that it would be no problem and to arrange for the deal. Since it was given orally, Hettige twice asked him to give a written order. But, Gotabhaya did not do that and Hettige included a detailed note in the relevant file.

Gotabhaya’s playing the ‘baby’

Everybody knows that at the time, Gotabhaya was powerful than the cabinet. It is ridiculous to think that deal had gone through without his knowledge. Therefore, he is now playing the ‘baby’ in front of the presidential commission. He parachuted to the ministry seat, and he did not have any experience in administration. Therefore, he cannot escape by saying ‘I don’t know’ due to the note by Hettige.

There are two lessons to be learnt from this. One is for those who worship Gotabhaya as a big hero and a patriot. This so-called patriot had sold a national asset cheaply. Also, while accusing others of betraying the country and war heroes, he tries to wash his hands off by saying he does not know and betray someone to escape his own skin.

The second is for the present and the future rulers. If nepotism takes the upper hand when making appointments to the administrative service, such appointees spoil everything in this manner.

Rathupaswala victims want bigwigs brought to book

 

2017-08-16

Commemorating the past is great if it brings sweet memories, but not if it brings dark moments like the Rathupaswala incident. The shooting at innocent civilians in Rathupaswala took place on August 01, 2013. People have spent a four-year wait awaiting justice.

The incident put a black mark on Sri Lanka’s history because it defamed the much adored Sri Lankan Army. The protesting public was shot at and were injured. Loved ones were lost, but a battle was won. When people in power do nothing to solve the severe problems faced by the public, they themselves stand up against the violation of their basic human rights. The legal proceedings regarding the incident began in court after many years. Court proceedings have been slow. 

Rathupaswala victims want bigwigs brought to book.docx by Thavam on Scribd

Grace Mugabe's location unknown after alleged assault in South Africa

Zimbabwean first lady alleged to have attacked 20-year-old Gabriella Engels in Johannesburg hotel

Grace Mugabe, pictured at a rally last month, is alleged to have attacked the woman with an extension cord. Photograph: Tsvangirayi Mukwazhi/AP

Jon Henley-Tuesday 15 August 2017

Lawyers for Grace Mugabe are negotiating with South African authorities after Zimbabwe’s first lady failed to hand herself in to police over allegations she assaulted a woman in an upmarket Johannesburg hotel at the weekend.

“We have identified a suspect but she hasn’t handed herself over yet. We do not know her whereabouts at this stage,” said a police spokesman, Vishnu Naidoo. “The negotiations over the suspect handing herself over have not concluded.”

South Africa’s police minister, Fikile Mbalula, had earlier said the increasingly outspoken wife of the world’s oldest head of state, 93-year-old president Robert Mugabe, would appear in court on Tuesday.
The first lady’s apparent breach of an agreement with police to hand herself over and subsequent disappearance now threaten to trigger a diplomatic incident between Zimbabwe and South Africa, which share a border and have close economic and political ties.

Mugabe is suspected of beating Gabriella Engels, a 20-year-old model, with an electrical extension cord at the luxury Capital 20 West hotel in Johannesburg’s Sandton district on Sunday evening.

Pictures on social media appear to show Engels bleeding from her forehead after Mugabe allegedly arrived at the hotel with bodyguards and accused Engels of living with her sons, Robert and Chatunga, both in their 20s and based in the city.

“We were chilling in a hotel room, and [the sons] were in the room next door. She came in and started hitting us,” Engels told local media. “She flipped and just kept beating me with the plug, over and over.” She said she had “no clue” who her attacker was until the alleged assault was over.

Engels said she had “no idea what was going on ... I was surprised. I had to crawl out of the room before I could run away.” Accusing the first lady’s bodyguards of standing by and watching during the alleged assault, she added: “The front of my forehead is busted open. I’m a model and I make my money based on my looks.”

Police confirmed a 20-year-old woman had filed “a case of assault with intent to do grievous bodily harm”. It was not immediately clear whether Mugabe was travelling on a diplomatic passport or would qualify for diplomatic immunity if police do eventually bring charges against her.

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South African media said Grace was in Zimbabwe to have an injured foot examined. The country’s foreign affairs spokesman, Clayson Monyela, said the trip was a private visit and the government would not be getting involved. But Sizakele Nkosi-Malobane, a provincial minister, said the case should go to court. “We hope that it will send a strong message to all leaders who abuse their power and assault innocent people in our country,” she told Jacaranda FM.

Opposition figures in Zimbabwe also called for Grace’s prosecution. “We want the South African police to arrest Grace Mugabe,” the leader of Zimbabwe’s Communist party, Nqabutho Mabhena, told the Mail & Guardian: “You cannot beat up a young lady for going out with your son.”

Police sources said Grace had originally agreed to hand herself in at 10am local time but failed to do so. Asked if she was now considered a fugitive, the sources told Reuters that was not the case at this stage, although she had “agreed to hand herself in, but never did”.

The incident is not the first time Mugabe has been accused of violent behaviour and assaults on overseas trips. In 2009 she punched a British photographer in Hong Kong for taking pictures of her at a luxury hotel.

Grace was one of Mugabe’s secretaries when their affair began in 1987 and the couple had two children in secret before the Zimbabwean president’s wife died in 1992. Their lavish 1996 wedding was attended by Nelson Mandela.

Long thought to be more interested in extravagant shopping sprees than politics, she has gradually become more active in public life and in 2014 became the head of the ruling Zanu-PF party’s women’s wing.

She now regularly attends rallies across the country and showed her political ambition in 2014 by launching a ruthless campaign against the then vice-president, Joice Mujuru, a potential presidential successor.

Last month Grace challenged her increasingly frail husband publicly for the first time to name a successor, potentially positioning herself as a runner before elections due next year.

Iran could quit nuclear deal in 'hours' if new U.S. sanctions imposed: Rouhani

Iranian president Hassan Rouhani attends his swearing-in ceremony for a further term, at the parliament in Tehran, Iran, August 5, 2017. President.ir/Handout via REUTERS

AUGUST 15, 2017

DUBAI (Reuters) - Iran could abandon its nuclear agreement with world powers "within hours" if the United States imposes any more new sanctions, Iranian President Hassan Rouhani said on Tuesday.

"If America wants to go back to the experience (of imposing sanctions), Iran would certainly return in a short time - not a week or a month but within hours - to conditions more advanced than before the start of negotiations," Rouhani told a session of parliament broadcast live on state television.

Iran says new U.S. sanctions breach the agreement it reached in 2015 with the United States, Russia, China and three European powers in which it agreed to curb its nuclear work in return for the lifting of most sanctions.

U.S. Ambassador to the United Nations Nikki Haley said the new U.S. sanctions were unrelated to the Iran nuclear deal and that Iran must be held responsible for "its missile launches, support for terrorism, disregard for human rights, and violations of U.N. Security Council resolutions."

"Iran cannot be allowed to use the nuclear deal to hold the world hostage ... The nuclear deal must not become 'too big to fail'," Haley said in a statement on Tuesday, responding to Rouhani.

Haley will travel to Vienna next week to discuss Iran's nuclear activities with U.N. atomic watchdog officials as part of Washington's review of Tehran's compliance with the 2015 nuclear deal.

U.N. Secretary-General Antonio Guterres "considers the (Iran nuclear deal) to be one of the utmost diplomatic achievements in our collective search for peace and security," U.N. spokesman Stephane Dujarric told reporters.

"We need to do whatever we can to preserve it," Dujarric said.

The U.S. Treasury imposed sanctions on six Iranian firms in late July for their role in the development of a ballistic missile programme after Tehran launched a rocket capable of putting a satellite into orbit.

In early August, U.S. President Donald Trump signed into law new sanctions on Iran, Russia and North Korea passed by the U.S. Congress. The sanctions in that bill also target Iran's missile programmes as well as human rights abuses.

The United States imposed unilateral sanctions after saying Iran's ballistic missile tests violated a U.N. resolution, which endorsed the nuclear deal and called upon Tehran not to undertake activities related to ballistic missiles capable of delivering nuclear weapons, including launches using such technology.

It stopped short of explicitly barring such activity.

Iran denies its missile development breaches the resolution, saying its missiles are not designed to carry nuclear weapons.

"The world has clearly seen that under Trump, America has ignored international agreements and, in addition to undermining the (nuclear deal), has broken its word on the Paris agreement and the Cuba accord ... and that the United States is not a good partner or a reliable negotiator," Rouhani said.

Trump said last week he did not believe that Iran was living up to the spirit of the nuclear deal.

Reporting by Dubai newsroom; Additional reporting by Michelle Nichols at the United Nations; 

Editing by Angus MacSwan and James Dalgleish

SitRep: North Korea Waiting Game; Mattis on War, Dr. Strangelove, Afghanistan, And More

By Paul McLeary-AUGUST 15, 2017

North Korea waits. It looks like the Kim Jong Un will wait a bit before firing off ballistic missiles in the direction of Guam, as his regime has threatened to do. Kim, who was reportedly briefed on the details of the plan Monday, said he would hold off and see “if the Yankees persist in their extremely dangerous reckless actions on the Korean peninsula and in its vicinity,” before making any decision, North Korean media reported.

Washington and Tokyo move. While he waits, top American and Japanese officials will huddle in Washington this week for a meeting of the Security Consultative Committee, the first time the group has met since since April 2015. The talks will bring together Japanese Foreign Minister Taro Kono and Defense Minister Itsunori Onodera on one side and Secretary of State Rex Tillerson and Defense Secretary James Mattis on the other.

Mattis stopped by the press bullpen at the Pentagon on Monday for an informal, off-camera press conference — he was on his way back to his office from the dry cleaner — and said if Pyongyang loosed missiles toward Guam, “we’ll take it out.”

“If they shoot at the United States, I’m assuming they hit the United States. If they do that, it’s game on,” he said, adding, “you don’t shoot at people in the world unless you want to bear the consequences. I think if they fire at the United States it could escalate into war very quickly,” Mattis said.

He insisted, however, that he’s not spoiling for a fight. “We will defend the country from any attack, at any time, from any quarter…but it is not declaring war. It’s not that I’m over here, you know, Dr. Strangelove, doing things like that, OK?

The Erik Prince option. Mattis also confirmed that the White House is considering replacing U.S. military personnel in Afghanistan with contractors, as was recommended by former Blackwater head Erik Prince. “It’s part of the options being considered,” Mattis said. “And the president’s open to the advice of the secretary of state, and myself and the director of the CIA.” According to reports, virtually the entire cabinet is opposed to the idea. Yet, it persists.

Afghanistan strategy. Rinse and repeat. “I believe we are close,” the SecDef said, repeating a line U.S. officials have been using since at least April. “The president, as I told you before, has delegated a fair amount of tactical and operational decision making to me. He has not delegated one ounce of the strategic decision making, nor should he, nor would I expect that.”

Trump transgender ban. “The fact is, we have received no direction that would indicate any harm to anybody right now.”

Washington draws closer to Cairo. “In the latest sign the Trump administration is looking to overturn Obama-era policy at home and abroad, the U.S. military is preparing to restart a long-running military exercise with Egypt after President Barack Obama cancelled it in 2013 to protest the killing of hundreds of protesters in Cairo,” FP’s Paul McLeary writes in an exclusivestory.

“The restart next month of the Bright Star exercise, a bilateral effort now focused on counterterrorism operations, comes as Egypt struggles to contain a potent insurgency on the Sinai Peninsula. Though Egypt may invite other countries such as Sudan as observers, only U.S. and Egyptian forces will take the field, U.S. defense officials said.” More here.

Bannon in Limbo. NYT: “Rupert Murdoch has repeatedly urged President Trump to fire him. Anthony Scaramucci, the president’s former communications director, thrashed him on television as a white nationalist. Lt. Gen. H. R. McMaster, the national security adviser, refused to even say he could work with him.

“For months, Mr. Trump has considered ousting Stephen K. Bannon, the White House chief strategist and relentless nationalist who ran the Breitbart website and called it a ‘platform for the alt-right.’ Mr. Trump has sent Mr. Bannon to a kind of internal exile, and has not met face-to-face for more than a week with a man who was once a fixture in the Oval Office, according to aides and friends of the president.”

Shiite militias pushing forward in Iraq. The often Iranian-backed Shiite militias in northern Iraq have largely held their fire for the past year as Iraqi government forces took Mosul from the Islamic State. But now they want in. “Today we want to speak loud and clear that [the PMF] are actively involved in Tal Afar military operations and will participate in all areas where operations are taking place,” spokesman Ahmed al-Asadi told reporters in Baghdad.

The militias have in the past been accused of sectarian killings, and their very presence on the battlefield stirs up resentment and fear among the local Sunni population, but the groups  want to be involved in the fight. It’s up to Baghdad to decide.

Welcome to SitRep. As always, please send any tips, thoughts or national security events to paul.mcleary@foreignpolicy.com or via Twitter:@paulmcleary.

Iranian drone buzzes USS Nimitz for the second time this week. (Reuters)

Inside the Hue City chiefs mess meltdown and sexscandal (Navy Times)

Sen. McCain decries criticism of McMaster as ‘smear tactics’ (AP)

Syria investigator del Ponte says enough evidence to convict Assad of war crimes (Reuters)

Philippines says China has agreed no new expansion in South China Sea. (Reuters)

U.S. sanctions hit Russian hopes of a ‘Trump bump’ for investment. (Reuters)

Saudi Arabia and Iraq to re-open border crossing after 27 years. (Reuters)

Photo Credit: STR/AFP/Getty Images