Sri Lanka: Uma Oya —The Tunnel of Tears

People have been becoming refugees of their own lands in several divisional secretariat areas of Uva province including Bandarawela and Wellawaya.

by Kalana Krishantha-Sep 10, 2017

Sep 10, 2017

(September 10, 2017, Kandy, Sri Lanka Guardian) It was 28th of June 2017. Whole Bandarawela Town situated in Uva Province of Sri Lanka seemed like stuck in one place. All the day to day tasks were interrupted and people were protesting against ongoing, “Uma Oya” project while all the state institutes, private merchant shops, schools and etc., were closed as a part of the protest. This was a very recent public uprising against “Uma Oya” project, which has been controversial topic since the beginning of the project proposal.

What is the Uma Oya project? The Uma Oya Hydropower Complex (also internally called Uma Oya Multipurpose Development Project or UOMDP) is an irrigation and hydroelectric complex currently under construction in the Uva Province of Sri Lanka. History goes back to 1989 when the first evaluation was conducted by the Sri Lanka’s Central Engineering and Consultancy Bureau.

However, since the beginning of estimations from 1989, governments were failed to initiate the project. Because most of the funding resourced bodies like Asian Development Bank rejected to give funds for this project because of sensitive environmental and ethical issues. One of the aims of this project is transferring the water resources of Uva province (Badulla and Monaragala districts) to Hambantota district.

Nonetheless, the Former President Rajapaksa, a native of Hambantota District, along with his Iranian counterpart, former President Mohammad Ahmadinejad, relaunched the project during his official visit to Sri Lanka in 2008. The basic funds were allocated by the Iranian export development bank and Iranian company “Farab” after accepting the irrigation and construction tasks without considering environmental evaluation report. There were serious allegations of taking US$ 553 for this project to repay within 20 years as a debt because at the beginning the cost of the project was estimated at US$ 250.

However, after the inauguration in 2008, there was huge public distresses over this. The related environmental project was created by the University of Sri Jayawardanepura in November 2010 and there were so many weaknesses in the report, at least scholars who created that were unable present alternative proposals at the end of the report. The report was open to public for a one month since 2010 November to December and many farmers associations, civil society organizations, concerned individuals presented amendments and positive proposals for environmental report, but unfortunately what happened was all the amendments were neglected and in April 2012, Central Environmental Authority had to approve the project and its environmental evaluation report as a result of considerable political influences of former government.

After that project was launched and the tragedy began. Rainy seasons of the Uma basin and the Southern Province coincide. Both areas receive rain from the Northeast Monsoon. During the Northeast Monsoon, the reservoirs and tanks of the Southern Province overflow.

Thus, the excess water of the Uma River cannot be stored in these reservoirs as proposed by the Uma Oya-The Tunnel of Tears project. Indubitably, Uma Oya project is a fruitless waste of time, energy and money. So, water conservation for the drought seasons in Hambantota is not a practical thing. However, unfortunately, the project was approved.

Most of the developmental processes of the project were being carried out in the central highlands. Loss of soil stability due to vibration generated during underground mining activities, changes in the course of water springs and many effects to the water streams are some major adverse effects likely to be brought about by this project. This is extremely detrimental to this area since it is already highly susceptible to landslides. Mining activities aggravated the threat of landslides, soil erosion, citation of water bodies, and drop of the water table in the areas involving the underground conduits. A whole project consists of the 25-kilometer-long tunnel system.

However, until now only part of it was completed. But people have been suffering due to it. They are losing their lively hoods. Paddy farming and animal farming have been equally threatened while archaeological sites, schools, religious places have been in a line of fire due to unforeseen landslide threats. The work main tunnel has been interrupted due to heavy water leakages in tunnel while subordinate tunnels were finished. People have been becoming refugees of their own lands in several divisional secretariat areas of Uva province including Bandarawela and Wellawaya. Water resources have been heavily damaged.

Country is suffering due to lack of vegetable production and increasing of vegetable prices. Actually, many vegetable farming areas were totally abandoned due to land gaining process in the development project and it is adversely affecting the environment.

Around 7100 houses were damaged so far as the result of unstable soil and vibrations waves which were generated by under earth drilling or mining process. Around 2300 acres of paddy fields were wasted. Not a single farmer or house owner receives their compensatory payments.

Actually, not only Rajapaksa regime, as well as current government should responsible for Uma Oya tragedy, because they have continued the process despite their election promise of terminating the project.

Meanwhile, a few days later the land mark protest held in Bandarawela by the people in the area, the president seeks the help of foreign advisers in this regard despite irrespective statements of government ministers who are boasting that they are going to continue this project under any circumstances.

As results of President’s effect, Norwegian experts came here, and they investigated the incident and finally submitted a report to the President. Norwegian expert Bent Aagaard who inspected the Uma Oya Project noted that project already caused many disturbances in Bandarawela area. He says that the method used for the Project had not been capable of strengthening properly the tunnel wall and to seal them with strong grout materials.

Mr. Aagaard made these remarks in the interim report submitted to President Sirisena at the presidential residence in Colombo on 4th August. He has further noted that the basic studies had not forecast the probability of large water leakage in the tunnel;

“Excavation must be done by using suitable Uma Oya-The Tunnel of Tears machinery on the tunnel wall and grouting all the leaks in the tunnel to ensure that there will be no seepage in the tunnel in the future,” he observed.

He was in the perception that comprehensive basic study could have avoided the water ingress into the tunnel leading to a severe water dearth in some areas. Meanwhile, President said it was regrettable that a series of troubles had arisen during the project as the past government had hurriedly begun the project without comprehensive study of the Environmental Impact Assessment (EIA).

The President requested the expert to prepare a comprehensive report on how the leakage could be completely stopped and the reasons for not taking into the consideration the water leakage in the previous reports;

“The government plans to obtain expert advice prior to implementation of the next project in which a 22 Km long tunnel is to be constructed,” he stated further.

We are now in the mid of September. Still, there is no obvious solution for this burning issue. Let’s hope things will happen in favour of people and environment of the area instead of fulfilling despicable desires and expectations of politicians.

The writer is an undergraduate of Psychology at Kaatsu International University.

Money Printing Equals 1.02% of GDP (Rs 120.4B) CBSL Prints Rs 3.36B Inflation accelerates by 25%

By Paneetha Ameresekere-2017-09-10

The Central Bank of Sri Lanka (CBSL) printed money carrying a face value of Rs 3,360.03 million on Friday to help meet the Government's monetary commitments, data showed.
As a result, CBSL's Face Value money printing holdings increased by 2.87% over Thursday's figures to Rs 120,360.46 million, equal to 1.02% of GDP, as per last year's GDP figures.

The Census and Statistics Department's latest data showed that inflation, as measured by the Colombo Consumers' Price Index, year-on-year (YoY), on a month-on-month basis, accelerated by 25% (1.2 percentage points) to 6% last month (August), while its 12-month moving average accelerated by 1.85% (0.1 percentage point) to 5.5% in the review period.

The Government's tax revenue as at last year was equal to 12.36% of the GDP. The IMF wants this figure to be increased to 15% by 2019.

The Treasury also sold US$ 28.50 million (Rs 4,351.97 million), being part of the US$ 500 million it recently raised by a syndicated loan, to the Central Bank, thereby increasing the money market's net excess liquidity by Rs 7,712 million (31.11%) to Rs 32,505 million, Friday over Thursday, interpretation of CBSL's open market operations (OMO), statistics showed.

Such sales are foreign reserves neutral, ie neither leading to the increase nor decrease of the Government's total foreign reserves.

Net excess liquidity was further boosted by the Bank printing money carrying a face value of Rs 3,360.03 million.

Despite money printing, due to the Central Bank's debt management skills, coupled with falling rates, Government's money printing borrowing costs, Friday over Thursday, declined by Rs 62.24 million (4.35%) to Rs 1,369.31 million.

Meanwhile, a year ago, ie on 8 September, 2016, the Central Bank's book value money printing increased by Rs 56.1 million (0.03%) to Rs 195,870.92 million over the previous day's, 7 September, 2016, figures. Book value money printing as at Friday was Rs 118,991.15 million, a YoY decline of Rs 76,879.77 million (39.25%) since.

Face Value and Book Value Money Printing are the Central Bank's direct holdings of Treasury (T)-Bills, inclusive of the Government's borrowing costs due to the Central Bank because of money printing and the value of the Central Bank's direct holdings of T-Bills, excluding borrowing costs of Government, owed to the Central Bank, because of money printing, respectively.

When CBSL retires maturing T-Bills in its holdings (MP), that eases both GoSL's debt portfolio as well as inflationary pressure.

Similar to that which took place on Friday, led by the Treasury's sale of dollars to the Central Bank, Face Value net excess liquidity, 8 September, 2016 over 7 September, 2016, then too increased by Rs 14,168 million (277.64%) to Rs 9,065 million and its book value net excess liquidity by Rs 14,165.07 million (277.68%) to Rs 9,063.84 million.

This was aided by the Treasury, which at that time had raised $2.5 billion from international markets by issuing sovereign bonds and syndicated loans, selling $97 million (Rs 14,108.97 million) of such number to the Central Bank.

Conversions are based on the then middle 'spot' rate of the 'spot,' which, according to sources was Rs 145.45 to the dollar.

Increase in book value money printing,8 September, 2016 over 7 September, 2016, was Rs 56.1 million (0.03%), to Rs 195,870.92 million.


Previously, the Central Bank, in its OMO releases, showed only Book Value T-Bill holdings. It was only after the appointment of Dr. Indrajit Coomaraswamy as CBSL Governor last July, that the Face Value of such T-Bill holdings were also shown.

Fake goods increase to 41 million across the EU border

• Sri Lanka must highlight ethical proposition 

​
Friday, 8 September 2017

Whilst it was refreshing to see the 2025 national economic policy being launched by the President and Prime Minister, a point that needs to be highlighted is that the trade gap has increased from 8.1% in 2014 to 8.4% in 2015 and 9.1% in 2016 which does not augur well for the country’s performance given that Sri Lanka was expecting an aggressive private sector savvy approach from 8 January 2015.

SL - ground reality 

If we look at the ground view of Sri Lanka, we see that its sectors are struggling even though we must take note that the world economy is facing challenging times. FMCG consumption has declined by 2-6% while property market sentiments are down following the announcement by Moody’s last week that the banking sector rating was reduced to negative on the alleged bubble formation exposure of the property market. The overall consumption of the construction sector reduced to 0.3% growth in May, confirming the industry slowdown.

On the export and tourism front the single-digit growth as at end June 2017 does not augur well for the industry that is choking on the increasing cost of the supply chain. The announcement that the tourism digital marketing campaign is hitting the global marketplace only in 2018 further shocked the industry given the challenging times currently experienced where four out of the seven months in 2017 registered a decline in arrivals as against last year.

Apparel -4.7% in 2017

The silver lining for Sri Lanka in my view was the latest report from the European Commission revealing that 41 million counterfeit products had been detained by EU Customs authorities of which 80% of them had originated from China. This is a point that Sri Lanka must take advantage of given the GSP+ facility that has been restored to the country for it being ethically correct with its manufacturing. Incidentally Sri Lanka recorded -4.7% on overall exports of textiles and garments and by highlighting ethical compliance Sri Lanka’s export revenue can get a boost.

A point to note is that fake goods not only threaten intellectual property but also threaten the jobs of workers which is a very serious violation which outweighs the lower price points that competitive merchandising exporters offer globally. Given the stipulations that Sri Lanka has honoured in order to receive the GSP+ facility, we must now move on to commercialising this concept so that we see the advantage in numbers.

China – No. 1 offender

The value of the items that have been detained or confiscated is a staggering ¤ 670 million, with the items including consumption-driven food and drink, pharmaceutical products and household items such as toys and electrical items, which does not hold well for European regulators that want to sell ethically-manufactured merchandise to the discerning European consumer.

Taxation and Customs Commissioner for Economic and Financial Affairs Pierre Moscovici in a news report stated: “A high level of protection of intellectual property is crucial to support growth and create jobs. Fake goods pose a real threat to the health and safety of EU consumers and also undermine legal businesses and state revenues.”

Given that the fake products are not only lifestyle brands but life-threatening medical products, the hard stance taken by the commissioner is justified. The only challenge is that the top items include such lifestyle categories like cigarettes (24%) whilst the second most detained item is toys (17%), followed by foodstuffs (13%) which in my view means that there can be serious health ramifications for generations to come if this new world order is allowed to become an informal economy in Europe.

Sri Lanka

- ethically compliant 

Let’s accept it, Sri Lanka has the highest standards for being ethically complaint. We have a track record of zero counterfeit allegations. This leads to equal opportunity rights for workers, adhering to stringent labour laws, good working standards on the hygiene and social fronts which technically can fetch a premium price just like what the tea industry does on the Rainforest Alliance certification front. Let me throw more light on this stance.

Ceylon tea - model 

If we dive deep into Sri Lanka’s tea industry, we see that strong leadership in the last 10 years through a private-public partnership has earned it a global positioning as the first ozone-friendly certified tea-producing nation in the world.

If we track back from the times that the plantation industry was nationalised in the 1970s, when it came under government control it went on in the 1980s to make a bold decision to make the Colombo auction control the global demand chain by breaking away from the great London auction system which has held ground for many a year.

Today the Colombo Stock Exchange commands the highest values for tea globally.

In the 1990s the supply chain was privatised for private sector management companies which gave the opportunity for new thinking to be introduced to the industry with strong R&D power and capital infusion that resulted in Sri Lanka becoming the best performing country globally for value addition tea, commanding 43%, and it now registers a better performance.

Today, Ceylon tea has taken the high ground with some focused decisions on conforming with global standards on MRL levels and has gone further by developing a new standard for tea which has resulted in Ceylon tea being the first certified ozone-friendly tea globally, something which no other tea producer has received. With the certification of the Rainforest Alliance, the dollar price premium takes hold in the global market, which is essentially the commercial benefit from the ethical positioning that the apparel industry must follow.

Apparel - tell the world 

The apparel industry, which is registering a 5.2% decline as at July 2017, is targeting $ 7.5 billion revenue for Sri Lanka in the years to come.

What is noteworthy is that even though Sri Lanka does not produce yarn, the apparel industry, which was essentially termed a tailoring industry way back in the 1980s, has now transformed itself into an innovator on the world stage with an almost 80% value addition and is driving a global proposition of ‘Garments without Guilt’ which has positioned the country as the ‘Sustainable Fashion Capital of the World’.

In fact it is the world’s first ethically sourcing destination globally but has not yet communicated this globally to command a premium price in the way our tea has done. Given the revelation of the 41 million fake goods crossing the EU boarder last year and China being the biggest offender, maybe it is time to highlight the high ethical standards that Sri Lanka adheres to and thereby drive stronger penetration of Sri Lankan merchandise to the EU.

Next steps

Hence we see that while Sri Lanka is experiencing a challenging time there are opportunities in the global marketplace for it to take the higher ground and thereby drive a stronger agenda as discussed.

What is now required is to develop a sharp action program in the 2025 policy guideline launched by the political hierarchy and thereafter aggressively implement it at the ground level. Maybe some of the ideas shared above can be included.


(The writer has worked for top multinationals for 17 years and thereafter went on to serve Sri Lanka as Chairman of Sri Lanka Exports and Tourism before moving on to work for the United Nations. He is an alumnus of the Harvard Kennedy Executive Education program. The thoughts expressed in this article are strictly his personal views).

Snubbing Illegal Orders Without Compromising Integrity

By Nagananda Kodituwakku – SEPTEMBER 10, 2017

Nagananda Kodituwakku

As a former public officer who had learnt extremely hard way as to how to face similar situations, I thought it is nothing but right to share my experience which I believe would be useful to public servants today, provided they want to be independent without compromising their integrity.

In the year 2001 I was the Head of the Customs Revenue Task Force. I was appointed to conduct a revenue fraud inquiry involving ‘The Finance Company’, Arjuna Ranatunga’s family and Arvinda de Silva as suspects. By then, Arjuna’s father was a minister in the Cabinet of the President CBK. The crux of the issue in brief, is as follows. 

For promotion of tourism the Koggala Beach Hotel had been issued with 3 tax-free car permits to import high valued luxury vehicles, which it had sold to the people mentioned above and there was admission made by the General Manager of the Hotel conceding to the selling of 3 permits. 

When the matter came up before me for the inquiry both ‘The Fnance Co’ and Aravinda de Silva pleaded guilty and they were dealt with according to law, imposing penalties and forfeitures running into over 4 million rupees for each vehicle. However, in Arjuna’s case his wife Mrs Samadara Ranatunga had been made to claim the responsibility and I had to face a terrible situation as an order coming from the, then President CBK to let them free. And I was ordered to comply with it by the, then Director General of Customs (DGC), Janak Gunarathna, with an order made to suspend the inquiry. 

The case was called on 06th Aug 2001 and the suspects in the case appeared at the inquiry believing that it would not be proceeded as per the guarantee by the President CBK, herself. When the inquiry was commenced around 2.00 pm, there was a phone call from the DGC asking as to how I was going to deal with the mater and I informed him that I would call him back. And went ahead with the inquiry with out replacing the receiver. 

I had a good officer named Nandana Perera, Superintend of Customs, who was directed to conduct the prosecution and inquiry was conducted from start to finish with the same order made around 5.00 pm as in the two cases. 

I am aware that the DGC, Janak Gunarathna was summoned before the President CBK and he was found fault with for not complying with her order. And in tern the DGC severely reprimanded me for rejecting the unlawful came from the President that would have resulted in a loss of government revenue running into over Rs 4,000,000.00. 

I had a terrible time after performing my duty as a committed public servant performed the office faithfully according to my conciencconstitutional obligation to the people. Some time thereafter President CBK called for the inquiry record and mitigated the penalty to Rs 1,000.000.00. 

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The hounds of law keep the UNP and the Rajapaksas nervous and concerned

 

Handcuffed Lalith Weeratunga and Anusha Pelpita being taken to the prison vehicle after HC issued its ruling in respect of ‘Sil Redi’ case.

by Rajan Philips-September 9, 2017, 7:57 pm 

The High Court conviction and sentencing of Lalith Weeratunga, Secretary to former President Mahinda Rajapaksa, and Anusha Palpita, former Director of Telecommunication Regulatory Commission, is unprecedented in several respects. I cannot think of an instance when such senior state officials were found guilty of misusing state funds for political purposes. Craving the Court for clemency in sentencing, their lawyers alluded to the age and health of their clients, their hitherto upstanding and unblemished record in professional and public life, and the fact neither of their clients intended to or did personally benefit from the misuse of state funds. Ironically, the same mitigating attributes make their misusing of 600 million rupees of state funds, to distribute ‘Sil Redi’ to garner votes in the January 2015 election for the man who appointed them to their positions, inexplicable and inexcusable.

As experienced senior officials, Weeratunga and Palpita should have not only avoided distributing Sil at state expense, but also admonished their political masters that doing so to influence voters would be highly irregular and illegal. It is not known whether they did this on their own or were following their candidate’s instructions even though they were senior officials of the Sri Lankan government and not Mahinda Rajapaksa’s SLFP minions. Perhaps, we will never know and the Rajapaksas can always disclaim any responsibility just like Ravi Karunanayake claimed utter innocence about how he ended up in a benefactor’s penthouse. Indeed the unkindest cut of all has already been noted – in the conspicuous failure of the Rajapaksas to show up in court in solidarity when Weeratunga and Palpita were sentenced to their jail term and fines. The court did what it had to do based on evidence and the law, and regardless of who was involved. And that would have sent shivers among the higher echelons of the UNP and within the inner sanctums of the Rajapaksas.

The UNP leadership should be duly concerned because the High Court convictions indicate what could befall its own officials and agents if what are being revealed at the Presidential Commission of Inquiry into the Central Bank bond scam also hold up in a competent court. But the political damage is done whether or not legal convictions would later follow. What should not happen, however, is the use of political influence and interference to escape legal convictions. And these need not happen, even in Sri Lanka, if the courts and the legal system are allowed to do what they are meant to do. That is what the proceedings of the Commission of Inquiry and the verdicts of the High Court have again demonstrated. The bigger problem is that the ethical standards in politics and the political culture that sustain them that used to be in place in Sri Lanka have totally disappeared over time primarily due to pre-19A operations of the presidential system and the deterioration of political parties under the double onslaughts of the presidential system and proportional representation.

When Ravi Karunanayake tendered his resignation, not without demur and not without duress, it was suggested by the Prime Minister, no less, that a high ethical standard was being introduced by the yahapalanaya government. What he ignored and was eloquently silent about was that no previous Finance Minister in Sri Lanka, in the time before the finance portfolio became a presidential privilege, ever came anywhere near living in a luxury dwelling paid for by somebody else. Every Finance Minister in that era became hugely unpopular halfway through their term for tightening belts and imposing taxes, but no one accused them of corruption or misappropriation. The first principle in ethics is not to do anything unethical. The fallback position is to be able to get rid of those who are unethical as soon as possible. This is never achieved easily, but political leaders at the top must be at least committed to achieving this rather than obfuscating and allowing corrupt practices to continue unchecked.

What is also revealing, but in a different way, is that how the UNP leaders and the Rajapaksas are becoming digressive and diversionary to respectively escape bond scam fallouts and potential court arraignments. To the UNP leaders the bond scam is conveniently sub-judice, and they want to impress the country with their 2025 Vision. The Rajapksas have come up with a different light to divert attention from their dark past: the so called Eliya (light) Forum to ‘enlighten’ the people about the dangers inherent in the constitutional changes that the government is proposing. The not so old ‘Viyath Maga’ has now been fitted with new head lights to excite illuminating aspirations among the professional followers of the Rajapaksas. Whether it is economic visioning or constitutional enlightenment, the underlying purposes are the same: Divert the people’s attention away from corruption and abuse of power.

Universal Jurisdiction/Distraction

The last two weeks have also heard the hounds of law bark not only in Colombo, but also in far-away Brazil. The lawsuit filed in Brazil and other South American countries against General Jagath Jayasuriya, Sri Lanka’s Ambassador to Brazil till he left the country about the same time as the lawsuit being filed, has provoked a range of reactions in the country. It is another distraction that the government seems to have brought upon itself but it now needs to address. Given the known divisions among army high-ups and their conflicting supports to the Rajapaksa and the UNP camps, it is puzzling that the government appointed General Jayasuriya as Ambassador to Brazil even as it brought back Field Marshal Sarath Fonseka into politics and cabinet. It is also inexplicable that this appointment in 2015 should have come at the same time that Sri Lanka’s loquacious Foreign Minister (at that time) was waxing eloquent before the UNHRC in Geneva.

The Foreign Ministry has come under criticism from knowledgeable sources for its explanation of the contract of appointment of General Jayasuriya to Brazil and South American countries. Just before the lawsuit and his departure from Rio de Janeiro, Mr. Jayasuriya seems to have requested a new posting to Australia or an Asian country. What attracted him to Brazil in 2015? The 2016 Rio Olympics? Whatever the reason, the good, or bad in some reckoning, the General and the Foreign Ministry did not do their homework before sending a controversial Sri Lankan military figure to post-military democracies in South America. That the lessons from South America have not been learnt yet in Sri Lanka became clear in some of the commentaries that invoked the example of Augusto Pinochet in defence of Jagath Jayasuriya. It is better not to have any friend than to have seriously misinformed on matters of universal jurisdiction.

Strange things always happen, but it was not that strange that the invocation of Pinochet and the denunciation of the United States of America as the real instigator of the present government’s constitutional project came from the same Rajapaksa political corner within a matter of days. Augusto Pinochet captured power in Chile, in 1974, through a military that was sanctioned and supported by the United States of America. Here at Galle Face Green, Colvin R de Silva, then a Minister in the United Front Government, scaled the customary heights of eloquence warning his compatriots of the ever present threat of imperialism. Imperialism was real then, and anti-imperialism in Sri Lankan politics was sincere and genuine, and not the fashion makeup that it has now become especially given the context of a different world order.

More pertinent to the present, Augusto Pinochet, quite accidentally while in retirement, went on to set the precedent for what is now recognized as universal jurisdiction. The courts in Spain and the House of Lords in England rejected immunity claims of Pinochet, declaring that he was liable to stand trial for torturing not only citizens of other countries but also citizens of his own country because torture by the state is a heinous crime against humanity. And the judges in Spain and the Law Lords in Britain based their rulings not on any international law but on domestic laws ratifying international treaties. That said, the lawsuit against General Jaysuriya may not go any farther except making him unsuitable for future diplomatic assignments, or, at worst, preventing him from travelling freely overseas. But to the much beleaguered Sirisena-Wickremasinghe government this is another problem that they would rather not have.

Crime and Punishment: The White Cloth scandal

With masses silked in sil and Rajapaksa hopes satin and lace, how the 600 million buck gamble landed top public servant in jail

Sunday, September 10, 2017

As the former president Mahinda Rajapaksa’s permanent secretary Lalith Weeratunga was ignominiously led out of the court room on Thursday, hand manacled to his partner in crime Anusha Pelpita, former Director General of the Telecommunications Regulatory Commission, and bundled into the Black Maria to transport them to the Welikada prison, perhaps, the last words King Henry the Eighth’s chief adviser Cardinal Wolsey expressed on his way to meet the executioner’s axe may have resounded in his ears:

“Had I but served my God as diligently as I served my King, he would not have deserted me at this hour”

Like it had been to Wolsey, the choice whether to serve God or mammon, whether to take the high road and follow the civil servants’ code of honour or whether to traverse the thoroughfare for reasons of personal survival or gain and bow before a politician’s vile dictates of shame, had dangled tantalizingly in Weeratunge’s hands. And, perhaps, in a moment of moral weakness, he had opted to kneel before Mahinda’s altar and light the joss sticks to perfume Mahinda’s third term presidential bid with the incense and myrrh of religious fervour rather than stay faithful to what chapter and verse spelt out in the civil servants’ Bible.

And this Thursday, he had to pay the price for aiding and abetting, for colluding with Mahinda Rajapaksa’s bizarre plan to drape the nation’s electorate in white yards of ‘sil’ clothing to camouflage his regime’s corruption.

To serve his master, Weeratunga went beyond his call of duty. He not only walked but appears to have sprinted the extra mile. In order to survive, safeguard his position and his realm of influence, he did the unthinkable, With his present fellow cell mate, Anusha Pelpita, he siphoned funds to the tune of Rs 600 million from the Telecommunications Regulatory Commission to religiously promote Rajapaksa’s image in the hearts and minds of the sil observing elderly upasikavans of Lanka.

No doubt, he was ordered to do so by his boss, the then President of Lanka, Mahinda Rajapaksa, who apparently practised the belief that, by wrapping the white sil wool over the flock of innocent sheep, who gathered each Poya at the nation’s Buddhist shrines to pay their homage to the Buddha, would, in turn and in gratitude, raise their hands in worship – the self same hands that place the flowers in the temple’s gedige – and to cast the vote for him at the polling booth come election day to make him Lanka’s political Supreme Being for another eon.

Manacled: Weeratunga and Pelpita leaving court to face three-year sentence in jail

The fact that this was a blatant attempt by Rajapaksa to blindfold the nation with sil cloth and conceal from public gaze the sordid corruption that prevailed in his reign, would not have been lost to the astute Weeratunga. He was no tyke at the temple of power but one who had long been ordained in the civil service, one well versed in its vinaya code of conduct. He had risen from the ranks; and he, no doubt, knew the wiles and ways of political masters and the unscrupulous means they employ to achieve their political ambitions by nobbling the civil servants they handpick to be at their beck and call and do their bidding.

Weeratunga was possessed of the means to warn them of the perils that lay in pursuing an uncharted course that would lead them to their own downfall. As the then President’s most senior advisor, he had the power to dissuade him from his own mad rush to commit folly. But he opted to remain mute, a willing slave to the demands of his master; a eunuch who voluntarily castrated himself of the influence his exalted position held; and abdicated his duty to the nation in order to serve the Rajapaksa harem of decadence better; and, after a distinguished career as a civil servant of integrity, one who allowed his better judgment to elope to a foreign clime.

For when it came to suffer Rajapaksa’s studded fiats, he chose to bite the dust than walk away with head held high, with honour intact, in the style and custom his honourable predecessors, who had held that high same office, had done before. He did not opt to set an example for his juniors in the civil service to follow but, in the interests of his own self preservation, chose to succumb to the political will of the executive.

And today, as a result of grovelling under Mahinda’s jackboot, he perforce must sip the gruel of a prison diet. Not only that. He is now bound to pay a fine of Rs. 2 million; and a further Rs 50 million to the Telecommunication Board as compensation. That has been the price of his sycophancy for bending the knee to a ruthless regime, determined to establish a feudal dynasty on democratic soil and keep enslaved a populace to his will and subservient to his family’s dictate in perpetuity.

In passing sentence on both Weeratunga and Pelpita, Colombo High Court Judge Gihan Kulatunga observed that there had also been a political motivation in the commission of the offence and it was to support their appointing authority. But even without it, Weeratunga should have known that it went against the financial regulations operative in this country for even the President lacked the constitutional or legal authority to order a civil servant to transfer funds from one government entity to another without Cabinet approval plus Treasury permission.

Read the learned judge’s take on the matter:

“Bribery and corruption have turned out to be one of the key topics under discussions in society and passing a sentence in such a case we should not only look from his view point, but also the view point of society.”

“It is clear that public servants have been prompted to carry out illegal activities under the political climate that existed at that time.”

“It is also clear that Rs 600 million was obtained from the Telecommunication Regulatory Commission without the approval of the Directors for a non-important event such as distribution of ‘Sil Redi’ and thereby the fraudulent intent is clear.”

“Even if the Board of Directors approved it, the use of such money was illegal at a time when the Commissioner of Elections had gazetted the conduct of the 2015 Presidential election. The action was in favour of one particular candidate. No reasoning was given as to why the money was suddenly allocated for a non-important act.”

“The action should have been to stop distribution of ‘sil redi’ as an election had already been announced.”And whilst this once respected public servant bemoans alone his fate within the prison walls of his solitary Welikada cell, wonder what he thinks of his political paymaster Mahinda who, without expressing remorse at the fate that had befallen his permanent secretary and accepting responsibility as the architect of the poor man’s downfall, has instead chosen to extract from the corpus of this whole legal saga, a pound of another’s flesh to feed and give life to his own moribund political fortunes.

On Friday in Kandy, he declared that even the present First Lady could be sued as she was seen distributing ‘Sil Redi’ along with the President a few days ago. But he misses the point. The merit in the action is in giving clothing to those in need with one’s own personal resources. The sin is in doing it with another’s cash without permission. The scandal is in the plunder of the public coffers to the tune of 600 million bucks in order to influence the devout to place their faith in one and mark their cross of preference in one’s favour on the ballot paper. If picking the public pocket was not enough outrage, what made the whole saga even more sordid was thieving from the public hand their polling cards and denying them the fundamental right to exercise freedom of choice without undue influence when it came to their voting franchise.

But each man must pay the price for his own sins and each man must answer to his own conscience. At the Nuremburg trials held in 1945 at the end of the Second World War to bring to justice the surviving members of Nazi Germany’s high command for the atrocities committed in the name of the Fuehrer and the Fatherland, the jurisprudential principal was established: Following illegal orders issued by one’s superiors was no defence to a charge of crime.

Thus, though Mahinda Rajapaksa may have asked his faithful ‘Barkis’ to do his bidding, Barkis’ willingness to wag tail and oblige, cannot be raised as a defence. There can be no passing of the buck. Even as it applies to any head of state, it also stops at the table of any public servant. Good governance depends on this principle. For if civil servants are ready and willin’ to buckle under the slightest political pressure, if they hold true their public duty to be is to follow the orders of their ‘here today – gone tomorrow” political masters, if it becomes the institutionalised philosophy of this once highly respected body of men and women who once put principle before personal gain, to toe the line and nod in agreement with every illegal fiat issued by any ‘Johnnie come lately’ politico and execute the order sans question then it will cause and lead to the crumbling and crash of the pillars of democracy.

The sil redi saga has been timely to avert the tragedy the nation was waiting to happen. As Weeratunga faces a siege of sorrow condemned to a life within four walls for the next three years and a bill of 52 million rupees for heeding to his master’s voice; perhaps, he envies, in secret and in silence, the broad acres of freedom enjoyed by the Rajapaksas’ even now whilst he, the puppet who danced to their tune, now lie comatose on his lonely prison bed in his rat infested prison cell.

But if there is one cheer left to uncork the bubbly and restore some spirit to his heart and mind, it is the comfort and solace that he, by his actions, has set an example to his juniors at the civil service in an odd way. His martyrdom — perhaps a statue should be erected in his image at the Presidential Secretariat and a photograph hung at every government department — has served to illustrate the fate that awaits all civil servants who stray beyond the ambit of their authorised terrain; who go beyond the call of duty to please their political masters and enter the political realm.

The lesson he has left for the entire civil service to follow is that all public servants must first realise that if one is appointed to high office then one is acting on behalf of all the citizens of Lanka and not merely serving some politician who happens to be temporarily installed in power and that one’s duty is to promote the interest of the public at large and not promote the political fortunes of one’s political master, especially when the two collide.

And secondly understand that even if one does not personally rob or enrich one self, it is still not sufficient to claim one’s place in the halls of honour, if one violates the entire structure of public finance in the country. Or allows a politician to do so.

Six tenets for a civil servant to live by Dharmasiri Peiris: Former Secretary to executive PM Sirima Bandaranaike As Dharmasiri Peiris, the permanent secretary to Prime Minister Sirimavo Bandaranaike in the seventies, and a man well known for his sterling integrity and respected by all, writes in his autobiography “In the pursuit of governance’, “To me, among the essence of any partnership is mutual respect and dignity. It is these qualities that save the relationship from the negatives that are always lurking in the background ready to trap the inexperienced and the unwary into imbalance and the crossing of that thin dividing line between politics and governance. “In my own career I have been eternally vigilant on this matter. That is why among other things, I almost never went to a Minister’s residence unless invited, or exceptionally on my initiative in the interest of work, and in that case accompanied by colleagues; never went to a Minister’s room in the Ministry unless it was strictly officially necessary; never went to their homes to wish them on their birthdays unless formally invited; never indulged in tittle tattle, gossip or loose talk with a Minister, unless some issue surfaced in open conference in which case something could be said briefly and relevantly; never asked Ministers for personal favours; and never became too familiar with them.” It was the failure to follow these principles that has led to 67 year old Weeratunga to languish in jail.

Diabetes and liver enlarged convicts Lalith and Anusha eat sumptuous Chinese food supplied from out !

(Lanka-e-News -10.Sep.2017, 6.40PM) Lalith Weeratunge the ex secretary of  deposed people discarded president Mahinda Rajapakse ,and Anusha Pelpita the ex Director General of SLT who were each sentenced to 3 years rigorous imprisonment and heavy fines  on charges of defrauding  public funds to the tune of a whopping Rs. 600 million in connection with the presidential election campaign of ex president Mahinda Rajapakse enjoyed sumptuous meals like ‘Kings enjoying  at banquets ’ within the prison.  Both of them on the 9 th  ate lunch  got down from a super luxury  Chinese Restaurant ‘Shendong’ , Rajagiriya. These two convicts are now in prison hospital after being   transferred from the prison cell on a false medical report.

The meals comprised Crystal rice , Chinese chopsuey and devilled chicken .The quantity of rice was enough to serve 18 persons.  Mind you this food was got down for the gourmandizing  pleasure of none other than two confirmed condemned  criminals within prison supposedly suffering from Diabetes , based on the medical report provided by a venal prison doctor.

Sarana Gunawardena another remand prisoner who is enjoying all the luxuries within prison also has been given permission to get down  meals from outside.He therefore gets his meals from Shendong Restaurant or from home. On the 09 th  , 16  prisoners   including Sarana in the same prison ward  have shared the sumptuous meal at lunch.

Prisoners who have been sentenced on a court verdict but in remand prison or prison hospital in the interim  cannot get down  meals from outside .  On the other hand prisoners in remand custody pending court verdict can get meals from outside on the recommendation of the prison hospital chief medical officer or with the permission of the prison officials, but in case too food sufficient for only that particular prisoner can be provided.

If a prisoner is to have all the luxurious comforts inside prison including sumptuous food from the super luxury Chinese hotels while also  being in prison hospital throughout his term just  because Nirmali Thenuwara and the lawyers informed court that the prisoner  is suffering from diabetes and enlarged liver ,  what is the purpose of laws  of a country against crimes , and   the existence of  prisons to punish  a wrongdoer ?

No wonder political bigwigs and their henchmen are fearlessly and eagerly committing colossal frauds and robbing public funds with gay abandon  because they know the monumental  benefits they derive from their robberies outweigh the sufferings they may have to face in prisons following sentencing by court .( There are also many who enjoy complete impunity even after committing the heinous crimes) .  They are fully aware their  sufferings following sentencing are infinitesimal when compared with their infinitely large illicit gains made through their criminalities.

If any of you have a relative or friend in prison hospital Dr. Nirmali can be contacted at 077 3422250 (mobile phone) to  get her permission to provide whatever their needs. Her  modus operandi: special privileged group must pay monthly kickbacks while the ordinary class prisoner will have to pay on daily basis to obtain her permission. Except Nirmali all other doctors are prohibited from granting permission to supply food from outside at the moment. 

On the 9 th , 34  permits to obtain  lunch from outside  were issued. Over 130 culprits in prison hospital  ward benefited via  those permits and  enjoyed themselves to the hilt .

Innocent poverty stricken  masses outside are struggling for one square meal a day after a hard day’s honest labor whereas these rogues and rascals after committing daylight robbery on the public funds with impunity  are living like ‘Kings’ inside prison. What a cruel irony of ironies !

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by     (2017-09-10 13:17:50)

‘Eliya’ to be Gota’s pitch for the Presidency?

by C.A.Chandraprema-September 9, 2017, 12:00 pm 

Gotabhaya Rajapaksa’s open foray into politics took place last Wednesday in the form of ‘Eliya’ a new organization that was ceremonially launched at the Golden Rose hall in Boraleasgaluwa. Its launch was in the form of a seminar on the proposed new constitution. The panel of speakers included Gota himself who introduced the new organization to the audience and spoke on why it opposes the proposed new constititution. Ven. Prof. Medagoda Abhayatissa Thera, Dr Dayan Jayatilleke, Rear Admiral Sarath Weerasekera, Dr Seetha Arambepola, Rev. Fr. Wimal Tirimanne, Tamara Kunanayagam, Lawyer Rushdi Habib, and Maj. Gen. Kamal Gunaratne were among the speakers at this event. The large hall at the Golden Rose which is bigger than the main ballrooms of most top end city hotels was packed by 5.00 pm with standing room only before the event began.  

‘Eliya’ to be Gota’s pitch for the Presidency.docx by Thavam Ratna on Scribd