New health-care plan stumbles under opposition from governors

Senate Republicans are trying to revive the momentum to overhaul the Affordable Care Act with the Cassidy-Graham proposal. Here's a rundown of the plan, and the rush to pass it. (Video: Jenny Starrs/Photo: Melina Mara/The Washington Post)

By Sean Sullivan, Juliet Eilperin and Kelsey Snell September 19 at 8:26 PM

Senate Republicans and the White House pressed ahead Tuesday with their suddenly resurgent effort to undo former president Barack Obama’s signature health-care law, even as their attempt was dealt a setback when a bipartisan group of governors and several influential interest groups came out against the proposal.

Powerful health-care groups continued to rail against the bill, including AARP and the American Hospital Association, both of which urged a no vote. But it was unclear whether the opposition would ultimately derail the attempt, as key Republican senators including Lisa Murkowski of Alaska said they had yet to make up their minds.

The measure marks the last gasp of Republican attempts to dramatically gut Obama’s Affordable Care Act, which has added millions of people to the ranks of the insured through a combination of federally subsidized marketplaces and state-level expansions of Medicaid, leading to record lows in the number of those without health insurance. The Graham-Cassidy bill — named for Sens. Lindsey O. Graham (S.C.) and Bill Cassidy (La.) — would convert funding for the ACA into block grants for the states and would cut Medicaid dramatically over time.

The bill — coming two months after a previous failed repeal effort in the Senate — is the subject of a last-ditch lobbying push by Senate Majority Leader Mitch McConnell (R-Ky.) and the Trump administration, led by Vice President Pence, ahead of a Sept. 30 deadline for Senate action.

In a letter to Senate leaders, the group of 10 governors argued against the Graham-Cassidy bill and wrote that they prefer the bipartisan push to stabilize the insurance marketplaces that Sens. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.) had been negotiating before talks stalled Tuesday evening.

Sen. Charles E. Schumer (D-N.Y.) attacked the latest GOP health-care plan, the Cassidy-Graham proposal, on Sept. 19 as 10 governors came out against it. "Millions will lose coverage," Schumer said. (The Washington Post)

The governors who signed the letter are particularly notable, since some are from states represented by Republican senators who are weighing whether to back the bill. Among the signers were Alaska Gov. Bill Walker (I), who holds some sway over Murkowski, a potentially decisive vote who opposed a previous Republican effort to repeal and replace the Affordable Care Act.

Nevertheless, Murkowski said Tuesday afternoon that she was still weighing her options and explained how her position on the bill might ultimately differ from her opposition to the repeal effort that failed dramatically in July.

“If it can be shown that Alaska is not going to be disadvantaged, you gain additional flexibility. Then I can go back to Alaskans, and I can say, ‘Okay, let’s walk through this together.’ That’s where it could be different,” she said.

But Murkowski, who has been in close contact with Walker, said she did not yet have the data to make such a determination. Alaska’s other Republican senator, Dan Sullivan, said he was still mulling whether to support the bill.

[Reminder: It’s very unusual to vote on a health-care bill before Congress knows what it will do]

On the other side, a group of 15 Republican governors announced their support for the Senate bill Tuesday evening. The list includes Kentucky Gov. Matt Bevin (R), whose backing could help influence Sen. Rand Paul (R-Ky.), who has frequently criticized the legislation for failing to fully repeal the ACA.

On Tuesday, Pence traveled from New York, where he was attending the annual United Nations General Assembly session, to Washington with Graham in a sign of the White House’s support for the proposal.

Sen. Lindsey O. Graham (R-S.C.) said President Trump "is very excited about this state-centric health-care system" on Sept. 19. (The Washington Post)

“My message today is I want to make sure that members of the Senate know the president and our entire administration supports Graham-Cassidy,” Pence told reporters on the flight. “We think the American people need this.”

Graham added that President Trump called him at 10:30 p.m. Monday.

“He says, ‘If we can pull this off, it’ll be a real accomplishment for the country,’ ” he recalled.
Trump has played a limited role in building support among senators in recent days, but it is possible that his participation will increase as a potential vote nears. He has, however, been in touch with some governors, including a weekend call with Arizona Gov. Doug Ducey (R), according to aides.

Pence attended the weekly Senate Republican policy luncheon, where he said the current health-care system is collapsing and the bill fulfills key GOP promises to return control to states and rein in federal entitlement programs, according to several GOP senators.

Afterward, McConnell declined to ensure a vote on the bill but said his team is working to secure sufficient support.

“We’re in the process of discussing all of this. Everybody knows that the opportunity expires at the end of the month,” said McConnell, referring to the limited window Republicans have to take advantage of a procedural tactic to pass a broad health-care bill without any Democratic support.

Democrats say the ACA needs modest improvements by Congress but is working well overall, and they have railed against a process in which Republicans are pressing ahead with few hearings on legislation that would affect an industry that accounts for about a sixth of the U.S. economy.

The current bill would give states control over billions in federal health-care spending and enact deep cuts to Medicaid. The Medicaid cuts in particular are a major source of concern to the governors, both in terms of imposing a per capita limit on what states would receive and putting restrictions on how they could spend any federal aid on their expanded Medicaid populations.

Medicaid was expanded under the ACA to provide states with generous funding if they opted to cover adults earning up to 138 percent of the poverty level. Many Republican-led states decided against an expansion following a Supreme Court decision allowing them to opt out.

The fact that the bill also would restrict states’ abilities to tax health-care providers to fund their Medicaid programs posed a problem for several governors, as well.

In a sign of how alarmed state officials are about the prospect of funding cuts, Louisiana’s health secretary sent a letter to Cassidy on Monday saying that their state could see disproportionate cuts with significant impacts on people with preexisting or complex and costly conditions.

“This would be a detrimental step backwards for Louisiana,” wrote Rebekah Gee, who posted her letter on Twitter on Monday.

And although Walker has not played a visible role in the national health-care debate until now, certain aspects of the new bill pose an even bigger challenge for Alaska than previous proposals did. Health-care premiums are particularly expensive in the state, given its many remote areas. Premiums on the ACA market average roughly $1,000 a month for an individual, according to the most recent federal data.

Since federal tax credits over time would be equalized and based on the number of low-income people in a given state, that new calculation would eliminate the more generous subsidies Alaska enjoys.

Given the complex nature of the Graham-Cassidy proposal, it is difficult for state officials and health-care analysts to predict exactly how much money a given state would gain or lose if the legislation were enacted. But early estimates suggest that states with expanded Medicaid programs and active participation in the ACA markets could face major cuts.

An initial estimate for Colorado, according to state officials, suggests it could lose at least $700 million in annual federal funding by 2025. Since the state has roughly 450,000 people in its Medicaid expansion program and another 100,000 receiving premium tax credits on its health-care exchange, that could translate into hundreds of thousands of Coloradans losing coverage.

The governors who have been most outspoken in their criticism of the bill negotiated behind the scenes to bring as many state executives on board as possible, according to aides, tweaking the language of Tuesday’s letter over the past couple of days to get maximum support.

Others who signed the letter in opposition to Graham-Cassidy included John Kasich (R-Ohio) and Brian Sandoval (R-Nev.). Sandoval’s positioning puts him at odds with Sen. Dean Heller (R-Nev.), who has been touting the bill as another co-sponsor.

Pence said Trump told him to reach out to some Democrats, and he spoke to Sen. Joe Manchin III (D-W.Va.) over the weekend. But after reviewing the bill, Manchin said, he told Pence’s aides he could not support the legislation.

Senate Minority Leader Charles E. Schumer (D-N.Y.) said he’s confident no Democrat will vote for the legislation, because “it hurts people in every state.”

Democrats had been working furiously since Monday to advance talks between Alexander and Murray on a deal to immediately stabilize ACA insurance marketplaces with federal subsidies. The negotiations rapidly escalated after weeks of slow but consistent talks once it became clear that Senate GOP leaders were serious about holding a health-care vote before the end of the month, according to several Senate aides.

Alexander on Tuesday played down expectations of reaching an agreement this week, telling reporters the pair had reached an impasse.

“During the last month, we have worked hard and in good faith but have not found the necessary consensus among Republicans and Democrats to put a bill in the Senate leaders’ hands that could be enacted,” Alexander said in a statement.

Democrats denied that the talks had fallen apart, accusing Republicans of walking away despite making progress on areas of disagreement. Schumer spokesman Matt House said Democrats offered to accept a number of GOP requests, including waivers to give states more latitude in how they spend federal dollars and the creation of new low-cost plans under the ACA.

“This is not about substance,” House said in a statement. “The Republican leadership is so eager to pass Graham-Cassidy that they’re scuttling a balanced, bipartisan negotiation.”

Many Democrats, including Murray, said they hoped the talks could still be salvaged despite roadblocks from Republicans.

“I am disappointed that Republican leaders have decided to freeze this bipartisan approach,” Murray said in a statement. “But I am confident that we can reach a deal if we keep working together.”

Ed O’Keefe and Ashley Parker contributed to this report.

Mexico death toll rises as volunteers join frantic search for quake survivors

• Death toll from 7.1 magnitude earthquake climbs to at least 223
• At least 44 buildings collapsed in Mexico City with thousands more damaged
• Mexico earthquake: president declares national mourning – live

Rescuers, firefighters, policemen, soldiers and volunteers search for survivors in a flattened building in Mexico City. The mayor said across the city 52 people had been pulled out alive. Photograph: Yuri Cortez/AFP/Getty Images

Nina Lakhani in Mexico City Mexico.-Wednesday 20 September 2017 20.36 BST

Rescue workers backed by an army of untrained volunteers searched for survivors buried under mounds of rubble as the death toll from Tuesday’s powerful earthquake climbed to at least 223 across central

The 7.1 magnitude earthquake left a chess board of destruction across the country’s capital, where almost a hundred deaths have been confirmed so far.

At least 44 buildings collapsed completely in Mexico City, according to official figures, with thousands more left damaged and unstable in the sprawling city, which is built on a drained lakebed.
Mexico City mayor Miguel Ángel Mancera said 52 people had been pulled alive from the rubble of collapsed buildings.

On Wednesday, rescuers were reportedly trying to reach a girl buried under a collapsed school to the south of Mexico City after rescue dogs sent into the wreckage confirmed she was alive.

A hose was threaded through the debris to get her water as the army joined rescue efforts at the Enrique Rebsamen primary and secondary school, where one wing of the three-storey building buckled into a pile of concrete slabs. The school collapsed as teachers were trying to lead the children outside to safety.

On Tuesday, the bodies of 21 schoolchildren and four adults were discovered. Hope of finding anyone else alive had diminished overnight until rescuers spotted the unnamed girl’s hand moving amid the rubble.

Outside the ruined school, anxious parents gathered and waited for news of more than 30 children who are still unaccounted for.

Outside the capital, one of the hardest hit places was Jojutla, a small town in the neighbouring state of Morelos. At least 14 people were confirmed dead, 300 homes and businesses collapsed entirely, and at least 1,500 other buildings were damaged, according to the mayor. At least 71 people were confirmed dead across the state.

Enrique Peña Nieto, the Mexican president, declared three days of national mourning in honour of the victims, and the death toll was expected to rise in coming days as rescue workers combed through tons of rubble. “Mexico shares your pain” was posted on the president’s official Twitter account as the period of mourning was announced.

Mexico is still reeling from a powerful 8.4 quake that killed almost 100 people and left thousands homeless in the south of the country less than two weeks ago. Tuesday’s 7.1 tremor struck 32 years to the day after the country’s most lethal earthquake ever left thousands dead and the capital flattened.

The quake happened hours after a scheduled drill, which may have caused confusion and deterred people from following protocol to evacuate buildings immediately, according to some reports. It was also unclear why a warning alarm sounded a fraction after buildings started shaking – it should, in theory, be triggered before.

In the capital, the leafy neighbourhoods of La Condesa and La Roma – popular with tourists and middle-class Mexicans – were also struck badly and several apartment blocks within a few blocks of each other were toppled.

Across the city, initial rescue efforts were spearheaded by neighbours, shopkeepers, and passersby until emergency services and the armed forces arrived on the scene.

Hundreds of people wearing makeshift protective clothing formed human chains to remove debris and bring essential supplies like water and medicines into the affected areas.

'People just ran': deadly 7.1 magnitude earthquake hits Mexico - video report

Volunteers worked throughout the night into Wednesday as rescue services struggled to cope with the scale of the demolition.

In an outpouring of civic generosity, thousands of people donated time, and medicines, food, water, blankets and other basic supplies to help relief efforts. Restaurants delivered food to shelters where thousands of people were forced to seek refuge after their homes were left damaged.

But questions were being asked about the reliance on volunteers and donations, and the slow arrival of rescue services to some neighbourhoods like impoverished Xochimilco in the far south of the city.
Sergio Aguyo, a well respected political analyst, wrote in a Twitter post: “Xochimilco needs help, provisions and volunteers. There are important damages and no support has arrived.”

Questions about building regulations resurfaced even as rescue efforts continued.

Peña Nieto ordered the evacuation of patients from damaged hospitals amid widespread power cuts and fears that the buildings could collapse from powerful aftershocks.

The Ceylan Valley hospital in the state of Mexico, close to the capital, was left dangerously unstable even though it was built only four years ago. New buildings are required to follow strict codes that were implemented after the 1985 quake, which revealed widespread corruption in safety regulations.

After the powerful quake earlier this month failed to cause serious damage in the capital, the government boldly – and pre-emptively – declared the new regulations had been a success.

“The government’s boast about the triumph of the new building codes were clearly bullshit, and have come falling down as we see new buildings have collapsed while older ones have survived,” said Rodolfo Soriano Nuñez, a sociologists and independent public policy analyst.

“The situation in the school – which is quite new – should not have happened Of course people will be angry and questions will be asked,” he said.

On Wednesday morning, the capital was eerily quiet, but by the afternoon traffic was almost as congested as usual, while supermarkets were crowded with shoppers trying to by bread and other supplies. Power has now been restored to just over 90% of the city.

The relief effort and clean-up operation could take weeks. Piles of debris, broken windows, cracked walls, and crushed cars were still scattered on streets across the affected parts of the city. It was unclear why some neighbourhoods escaped completely unscathed.

Sanofi tests three-in-one antibody to treat or prevent HIV

The logo of French drugmaker Sanofi is seen in front of the company's headquarters in Paris, France, March 8, 2016. REUTERS/Philippe Wojazer/File Photo

Ben Hirschler-SEPTEMBER 20, 2017 / 2:27

LONDON (Reuters) - A three-pronged man-made antibody, created by French drugmaker Sanofi and U.S. scientists, could offer a new way to treat or prevent HIV, following successful tests in monkeys.

Plans are under way to try the so-called trispecific antibody in initial human trials before the end of 2018, potentially adding a new weapon in the fight against AIDS, assuming the product proves safe and effective.

If all goes well, the three-in-one antibody could be used either as a long-acting treatment or a vaccine, according to Sanofi Chief Scientific Officer Gary Nabel.

“There is certainly urgency for a vaccine and this could help fill that void,” he said in an interview. “But we need to do the clinical studies and let nature tell us what works.”

Anthony Fauci, director of the U.S. National Institute of Allergy and Infectious Diseases, whose experts collaborated on the project, described the new approach as “intriguing”.

Unlike naturally occurring antibodies, the laboratory-made ones hit multiple biological targets in a single product - a feature that is particularly valuable in fighting HIV, given the huge genetic diversity of viruses around the world.

After exposing 24 monkeys to two strains of a monkey form of HIV, researchers found the majority of those given a traditional antibody developed infection compared with none of those receiving the trispecific one.

The results were published in the journal Science on Wednesday.

Other experiments showed the novel antibodies were active against 99 percent of more than 200 diverse strains of HIV tested.

 

The ability of trispecific antibodies to hit three targets at once might also make them useful in fighting cancer, other infectious diseases and autoimmune diseases. A number of drug companies are already working with bispecific antibodies but a three-pronged approach takes things to the next level.

“This is the beginning of a technology platform that we could adapt to other diseases, so we will look carefully at that,” Nabel said.

REPORT: DEEP MILITARISATION IN VANNI

20/09/2017

(ACPR). Adayaalam Centre for Policy Research, Jaffna,  has released, “Civil Security Department: The Deep Militarisation of the Vanni”, a report examining the Civil Security Department’s establishment in the Vanni and its impact. Eight years after the war ended, and despite multiple promises to the international community to end military involvement in civilian activities, the Civil Security Department (CSD) is the epitome of the Sri Lankan government’s failure to undertake meaningful security sector reform and uphold its pledges.

The CSD is a department of the military established in 2006 out of the controversial National Home Guard Service by then Secretary of Defence, Gotabhaya Rajapaksa. Originally envisaged as a volunteer security force, the CSD was largely operational in border villages and the Eastern province as part of a counter-insurgency strategy. However, as the report documents, post-2009, the CSD remade itself out to be a provider of economic development. Since 2012, the CSD has aggressively targeted former LTTE cadres and war-affected women in the Vanni to join its ranks. As of last year, the CSD employed over 3000 individual in Mullaitivu and Kilinochchi alone, making it one of the largest providers of employment in the region.

The report notes the increasingly militaristic character of the CSD through its implementation of mandatory one-month military training for all CSD farm employees, and the increasing presence of the military in pre-schools with CSD-paid pre-school teachers, among other things. The report also raises questions about the need to investigate gender-based violence by supervisors and soldiers on CSD farms and the suppression of political and civic activism by the CSD.

The Conclusion and Recommendations of the report fellows. ( PDF version of the full report is attached at the end)

Discussions on militarisation in Sri Lanka often revolve around the numerically large presence of the military in the North-East and their occupation of lands. But what this report on the CSD demonstrates is that the process of militarisation in war-affected Tamil areas, particularly the Vanni, goes far deeper and is far more complex than simply the amount of visible military structures and troops.

The CSD is an example of the way the State continues to militarise economic and civic spaces in the war-affected Vanni region. The CSD also symbolizes Sri Lanka’s failure to uphold its commitments to the international community to put an end to the military’s involvement in civilian activities, and work on meaningful security sector reform.

The growth of the CSD in the Vanni points to the larger issue of the Sri Lankan military’s failure to transition into a reduced post-war role. Instead, the military’s approach to its post-war role has been to embed and normalize the process of militarisation, thereby extending its control and subjugation of Tamil populations in the post-war Vanni. The CSD is very clearly a part of the military, and so its provision of livelihood opportunities though much needed, must be read as the creation of economic dependence on the military, rather than economic development.

Through this dependence and because of its military character, the CSD also suppresses civic and political activism of its employees, and further marginalizes women employed as this report explains.

Alarmingly, a consequence of the CSD has also been the beginning of a destruction of community identity and cohesiveness. Consequently, the use of the CSD to militarise the economy and civic spaces in the Vanni must be challenged at the domestic and international levels. Tamil politicians and communities must also be more cognisant of the pressures and context in which individuals have been compelled to join the

CSD. Rather than denigrate and ‘traitorise’ CSD employees, it would be far more effective to work towards creating alternative forms of employment and push for the removal of the CSD from operating livelihood projects in the Vanni and a transfer of control over those projects back to communities.

Ultimately, permitting the military’s control over war-affected Tamil populations in the North will only further the cycle of conflict and will destroy any hopes of building a truly participatory democracy and sustainable peace.

Recommendations to Government of Sri Lanka:

1. In consultation with CSD employees in the Vanni, develop a process to transfer ownership of CSD agricultural and animal husbandry projects to civilian CSD employees and convert the farms into co-operatives.  Co-operative farms have a long history in the Northern province and are a model for agriculture that continues to exist in the Northern province.

2. Reimburse profits made from CSD agricultural and animal husbandry projects to the communities in which they are located, preferably in the form of assistance to the setting up of co-operatives mentioned in the first recommendation.

3. Put an immediate end to the mandatory military training being instituted for CSD employees, and the requirement that they wear military uniforms at events in public.

4. Put an end to the CSD paying the salaries of pre-school teachers. The budget for the CSD allocated for such payments should be re-allocated to the Ministry of Education. Issue a clear directive that the CSD and the military should have no role in educational activities in any form whatsoever.

5. Issue a clear directive to the military to cease and refrain from engaging in any civilian activities, in particular in the Vanni.

6. Permit open access into CSD farms and other places of employment for the Human Rights Commission of Sri Lanka.

7. Return any private lands being used by the CSD to its rightful owners.
8. End the practice of CSD-organized protests and civic action.

Recommendations to the Northern Provincial Council and Tamil political parties

1. In consultation with the relevant pre-school teachers and after setting in motion transitionary arrangements, the Northern Province Ministry of Education to issue directives to pre-school administrators to stop receiving payments from the CSD for teacher salaries and ban any involvement of the military in educational activities.

2. Formally apply to the Central Government to transfer all state land used by the CSD to run farms and other economic activities to the Department of Cooperatives of the Northern Province. Through the Department of Cooperatives establish new cooperative societies which
will run the CSD farms or reallocate farms to existing cooperative societies in consultation with the CSD employees and the people of the Vanni.

3. Appoint a representative Task Force (including ex LTTE cadres, current CSD employees; both men and women) to study and report back on a framework for economic development and livelihood opportunities for ex-LTTE cadres and the wider community in the Vanni. Identify
pilot projects based on the above policy framework and implement with financial support from the Central Government / multilateral, bilateral donors/ private sector / Diaspora.

4. Hold regular consultations with CSD employees in relation to the above recommendations so that they feel heard and included in the community. Importantly, such consultations should not be an opportunity to denigrate CSD employees for their choice to work for the CSD, but rather to give them a space to voice their concerns.

Recommendations to the International Community

1. Make the cessation of the military’s involvement in civilian activities a pre-condition of any military-to-military relationship building (in addition to other pre-conditions that should already be in place such as accountability).

2. Call on the Government of Sri Lanka to fulfil the above recommendations listed as part of their commitments under HRC Res 30/1 and 34/1.

3. Ensure that any aid or development assistance going into the Vanni is not inadvertently endorsing or supporting the militarised economy.

Read the full report as a PDF:ACPR-Report-Civil-Security-Department-The-Deep-Militarisation-of-the-Vanni-

ACPR-Report-Civil-Security-Department-The-Deep-Militarisation-of-the-Vanni-.pdf by Thavam on Scribd

Sri Lanka continues intimidation of human rights activists – UN report

Photograph: @franceonu

20Sep 2017

A new report by the United Nations names Sri Lanka as a state that continues to intimidate and harass activists who co-operate with the global body on human rights issues.

The report stated that the UN High Commissioner for Human Rights was “disturbed” to hear that civil society members had faced intimidation from Sri Lanka in the United Nations Palais des Nations in Geneva earlier this year.

“He referred the case to the Assistant Secretary-General and stated that he trusted that the President of the Council will give these cases close attention,” it continued.

The UN Assistant Secretary-General for Human Rights who authored the report noted, in particular, the case of human rights activist S. Ganeshnantham from Amparai and other members of the civil society organization Pupil Salvation Forum.

Mr Ganeshnantham had addressed the Human Rights Council on the 7th and 9th of March 2017, stated the report.

Just two days later, “officers from the Criminal Investigation Department (CID) attached to the Kalmunai Police station, in Sri Lanka, arrived at Mr. Ganeshnantham’s house in Kalmunai, and threatened his relatives”.

Special procedures mandate holders who examined the case “expressed serious concerns at the alleged threats and intimidation which appear to be linked to Mr. Ganeshnantham’s participation in the 34th session of the Human Rights Council”.

To date, “no response had been received from the Government,” the report noted.

Presenting the report at the Human Rights Council, UN Assistant Secretary-General for Human Rights Andrew Gilmour said “there is something grotesque and entirely contrary to the Charter and spirit of the United Nations, and particularly this Council, that people get punished, through intimidation and reprisals, for cooperating with the UN on human rights”.

“Some States have been mentioned in several of the Secretary-General’s annual reports since 2010,” he stated.

Sri Lanka has been mentioned in five such reports, alongside Bahrain and Iran. Only China and Saudi Arabia have been featured more.

“It is frankly nothing short of abhorrent that, year after year, we are compelled to present cases to you, the UN membership, of intimidation and reprisals carried out against people whose crime – in the eyes of their respective Governments – was to cooperate with the UN institutions and mechanisms whose mandate of course derives from you, the UN membership,” Mr Gilmour continued.

“Our slogan and task is to “stand up for someone’s rights today.”  I do not think there is any group of people for whom we have more of an obligation to stand up than those brave souls who have been harshly punished for cooperating with your institutions”.

See the full text of the report here.

Attempt to mislead President Sirisena on Disappearances Bill

President Sirisena

by C.A. Chandraprema-September 20, 2017, 10:46 pm 

It is not the policy of this newspaper to comment on articles published by other newspapers or websites. However given the importance of the ‘Bill to introduce into local law the provisions of the International Convention for the Protection of All Persons from Enforced isappearance’, and the campaign of misinformation surrounding this proposed piece of legislation, an exception will be made in this instance. In an article posted on D.B.S.Jeyaraj’s blog titled "Extradition Clause in Enforced Disappearances Bill is Identical to Section 7(2) of Torture Act Passed in 1994", its author one Gehan Gunatilleke has argued that Clause 8 of the International Convention for the Protection of All Persons from Enforced Disappearance Bill is identical to Section 7(2) of the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994. The two passages have been quoted as follows by the author of the said article.

Clause 8 of the Disappearances Bill: "Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of a Convention State for the extradition of any person accused or convicted of an offence under sections 3 or 4, the Minister shall, on behalf of the Government of Sri Lanka, forthwith notify the Government of the requesting State of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person for that offence".

Section 7(2) of the Convention Against Torture Act of 1994: "Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of any State for the extradition of any person accused or convicted of the offence of torture, the Minister in charge of the subject of Foreign Affairs shall, on behalf of the Government of Sri Lanka, forthwith inform the Government of the requesting State, of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person, for that offence".

On this basis, the author of this article who is not known to this writer, but is said to be advising the yahapalana government, has stated as follows: "The President should be informed that there is absolutely nothing to worry about in this clause. It is a standard clause, and we have had the identical clause in a very similar statute for over 20 years!" We view this as an attempt to mislead the President of the country by conveying the wrong information to him.

Clause 8 of the Bill to introduce into Sri Lankan law, the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance refers to Sri Lankans whose extradition has been requested by foreign countries on the grounds that they were responsible for causing enforced disappearances in Sri Lanka. No such thing is possible under Act No: 22 of 1994 which was passed to introduce into local law the provisions of the International Convention Against Torture. Under the 1994 Act, any Sri Lankan who is alleged to have committed torture can be tried only in Sri Lanka and there is certainly no provision to extradite Sri Lankans suspected of committing torture in Sri Lanka to stand trial in other countries for crimes allegedly committed in Sri Lanka.

Section 7(2) of the Convention Against Torture Act of 1994 refers to foreign nationals wanted in their own countries over allegations of torture, who may happen to be in Sri Lanka. In such cases, when a request is made for the extradition of that foreign individual, Sri Lanka will be obliged to comply. However Clause 8 of the proposed Bill to introduce into Sri Lankan law, the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance is designed to extradite Sri Lankans who are deemed by foreign nations to be responsible for causing enforced disappearances in Sri Lanka to stand trial overseas.

There is a vast difference between the two and the President should be made aware of this attempt to convey wrong information to him.

Implement Promised Transirional Justice Mechanisms Without Further Delay

Saturday, 16 September 2017 

The war crimes cases registered against former army commander General Jagath Jayasuriya in five South American countries even while he was Sri Lanka’s ambassador to Brazil would alert the government that it needs to take remedial action without further delay. Although the former army commander had diplomatic immunity, international law also states that those accused of war crimes are subject to universal jurisdiction. Last week at the current session of the UN Human Rights Council meeting in Geneva, the United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, expressed his concern over the slow pace of reforms in Sri Lanka and said the absence of action on accountability meant exercising universal jurisdiction would become even more necessary.

The possibility exists that the cases registered against General Jayasuriya and the international publicity they have generated, will encourage similar international legal actions not only military personnel, but also political leaders and public service officials who had significant roles to play in the war. International law comes into operation when the national (or domestic) law is not properly implemented. The resolution of the UN Human Rights Council that was co-sponsored by the government in October 2015 states that the government will set up four special domestic mechanisms to deal with the aftermath of the war. These are a truth commission, office of missing persons, office of reparations and special court for accountability purposes.

In March 2017, at the last session of the UN Human Rights Council session in Geneva, the government obtained two more years to implement its commitments. Instead of procrastinating on setting up the four mechanisms promised to the world, the government should start operationalising them. So far only the legislation for the office of missing persons has been passed by parliament and gazetted by the president which will become operational from today. If the government is able to show that it has a credible domestic legal process underway in the transitional justice mechanisms it sets up, and that justice is done within the country, the requirement of international legal processes will diminish correspondingly. The National Peace Council calls on the government to implement the four mechanisms it has promised without further delay.

Governing Council

The National Peace Council is an independent and non partisan organization that works towards a negotiated political solution to the ethnic conflict in Sri Lanka. It has a vision of a peaceful and prosperous Sri Lanka in which the freedom, human rights and democratic rights of all the communities are respected. The policy of the National Peace Council is determined by its Governing Council of 20 members who are drawn from diverse walks of life and belong to all the main ethnic and religious communities in the country.

FULL TEXT OF THE SC DETERMINATION OF THE DRAFT 20TH AMENDMENT TO THE CONSTITUTION OF SRI LANKA

20/09/2017

“In view of this proposed amendment in respect pf certain provincial Council the terms will be extended beyond 5 years and in respect of some Provincial Council the term will be curtailed. in both ways it was submitted that franchise will be affected. ” says the Supreme court determination on the proposed 20th amendment to the constitution of Sri Lanka.

Read the full text of the SC determination here :SC Determination on 20th Amendment Bill (19Sep’17)

SC-Determination-on-20th-Amendment-Bill-19Sep17.pdf by Thavam on Scribd

If you want to do business, don’t enter politics

2017-09-21

Sri Lanka’s two major political parties are likely to work together at least until 2020 or even until they achieve the goals of Vision 2025 though they will contest separately at the upcoming provincial and local council elections.   

The two major parties working together for the first time since independence is itself a major achievement though there are regular public disputes and divisions between the two parties. Yet to consolidate the alliance and consensus Government, there is a need for a new political culture.   

As President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe have repeatedly stressed, if any person wants to do business, he or she should not come into politics. This should be the case at national, provincial and local council levels. To come into politics means a sincere desire to serve the people, especially the millions of oppressed people caught in a poverty trap imposed on them by a wicked and selfish society. Aspiring politicians need to be servant leaders of these and other people. They also need to practise the principle proclaimed by the Statesman Lakshman Kadirgamar. Taking ministerial office in 1994, he said, “My country has given so much to me - free health services and education and so many other blessings of a tropical paradise. I am accepting this post to give something back to the people and not to grab from them.”  

 
Aspiring politicians should keep this enlightened principle in mind. If they wish to do business they could do it elsewhere but not in politics where one of their primary tasks is to bring about poverty alleviation by reducing the gap between the rich and impoverished people and bringing about a more equitable distribution of wealth and resources. This needs to happen mainly in the rural areas and therefore is more important for provincial and local government politicians who need to be guided by the principle of giving and self-giving, not grabbing the resources of the people and the country. The UNP and SLFP leadership therefore must ensure that for the upcoming provincial and local council elections, their nominees need to give a firm commitment, even a written commitment that they will not do business in politics or rob from the people’s funds though they may do it in subtle ways.   
Our politicians also need to remember a hallowed principle of Buddhism -- hatred does not cease by hatred, violence does not cease by violence but by love, provided the person or persons concerned seek forgiveness, turn from their evil ways and return what they had plundered from the people.   

This principle is vital because taking revenge or vengeance is also a wicked deed and wickedness added to wickedness may often lead to self-destruction.   

The new Local Government Amendment Law brings in landmark changes such as the restoration of the ward system for 60% of the local council area with 40% being elected on the proportional representation system. The widely criticised and more widely abused preferential voting system has been scrapped hopefully helping to curb business in politics, corruption or fraud. Giving women 25% of the nominations may also help in the gradual process of reducing business or corruption in politics. We also hope there will be amendments to give the youth a bigger representation because it is mainly their responsibility to build a peaceful, just and all-inclusive society where there is gradual poverty alleviation, a full-scale battle against climate change and conflict resolution through peaceful dialogue instead of resorting to war or violence. As we said earlier, violence does not cease by violence, but by love, which means dialogue, goodwill, and accommodation on the middle path.     

Sri Lanka: Baby Farms in 80s

( September 21, 2017, Colombo, Sri Lanka Guardian) The existence of so-called ‘baby farms’ was the most important reason for the Sri Lankan government to suspend intercountry adoption in 1987. At these baby farms, women were impregnated to meet the demand for adoptive children. This is confirmed by Sri Lanka’s Minister of Health, Dr. Rajitha Senaratne, in response to the investigation by ZEMBLA. “There were a lot of baby farms back then,” says the minister. “They collected the babies there and sold them to foreigners for adoption.” This is the first time the Sri Lankan government admits the existence of ‘baby farms’. Stories of ‘baby farms’ had previously been dismissed as rumours.

In response to the ZEMBLA findings, Sri Lanka will launch an investigation into the adoption fraud involving thousands of children who were brought from Sri Lanka to the Netherlands during the 1980s. Minister Senaratne also takes the initiative to establish a DNA databank, which children as well as parents can use to search for relatives.

Govt.’s last desperate ploy to postpone PC elections

By C. A. Chandraprema-

September 18, 2017, 10:32 pm 

The news that the judiciary had determined a referendum was necessary if the 20th Amendment was to be passed into law was out in the public domain by Friday last week. The purpose of the 20th Amendment was firstly to extend the terms of the existing PCs until around October 2019 when the election to the last PC becomes due and secondly to postpone all the elections to PCs until that date. This was the provincial council equivalent of what the present government has already done to the local government elections. The LG elections which were due after March 2015 are yet to be held. It was possible to postpone the LG elections by simply delaying the delimitation process. In the case of the PCs however, there was no such readymade excuse available.

Furthermore, in the case of the provincial councils, under Article 154E of the Constitution, they stand automatically dissolved on the day they complete five years from their first meeting. If the PC elections are to be postponed, the first thing that needs to be done was to extend the terms of the existing PCs until an election is held. But, when the government gazetted the 20th Amendment for this purpose, there was an immediate rebellion within the SLFP, depriving the government of the two thirds majority needed to pass a constitutional amendment. Then the government decided to utilise the provisions of Article 154 G(2) of the Constitution, which allows an amendment to the chapter on provincial councils in the Constitution to be made with a simple majority in Parliament if all the provincial councils give their assent to the said Bill. On this basis, the President sent the 20A Bill to the provincial councils.

The North Central provincial council, which is among the first PCs to stand automatically dissolved, approved it. But then things went wrong when the Uva PC, which will be the last to be dissolved, voted against the 20A. Even though the whole purpose of the 20A was to buy time till the Uva PC also stands dissolved, the wording on the amendment said ‘not later than’, which means that it could be either the day on which the Uva PC stands dissolved or earlier. Due to the slight possibility that they could lose some time from their normal tenure, the Uva PC defeated the 20A with a two-thirds majority with even a group of UNP members and the chief minister himself voting against it. The Uva chief minister gave up a seat in parliament to become chief minister and he seems to be determined not to lose even a day of his chief ministerial tenure if he could help it.

The Northern PC also unanimously rejected the 20A on the principle that the power to dissolve PCs should not be given to Parliament. Under Article 154 G (2) if even one PC rejects a Bill to amend the provincial councils chapter in the Constitution, it cannot be passed without a two-thirds majority. So, the government came back to square one. In the meantime, the 20A was being scrutinised by the Supreme Court for its constitutionality. Since the Bill had already been certified as a Bill to Amend the Constitution the SC’s role was to determine whether it could be passed with just a two-thirds majority in Parliament or whether it needed a referendum in addition to that. Given the fact that a postponement of an election or the extension of the tenure of an elected body by legislative fiat naturally impinges on the franchise, which is guaranteed by Article 3, one of the entrenched provisions of the Constitution, it is only natural that a referendum is necessary to pass the 20A into law.

Now, the government has fallen back on the last desperate attempt to head off the PC elections – this is to give up the idea of extending terms of the existing PCs but to amend the Provincial Councils Elections Act No: 2 of 1988 so as to be able to postpone the PC elections. The advantage the government has here is that the PC elections law can be amended with just a simple majority. Due to their inability to amend Article 154E of the Constitution, the PCs will stand dissolved one by one as they complete their terms until there are no more PCs left in the country. But, the election to those PCs will be indefinitely put off by amending the PC elections law. The amendment they intend bringing to the PC elections law is to introduce the hybrid first-past-the-post and proportional representation system that has been introduced at the local government level, to the PC level as well.

Once this amendment goes through, the PC elections can be postponed indefinitely on the excuse that the delimitation of the constituencies is taking time. This was the same excuse that was used to postpone the LG elections. The way the government intends changing the PC elections law is also not through the front door by gazetting a new Bill and giving the Supreme Court time to scrutinise its constitutionality. Instead, they intend bringing in these changes through the back door in the form of committee stage amendments to a Bill that was gazetted some time ago, to increase female representation on provincial council election lists. This trick of introducing sweeping changes to Bills at the committee stage so as to be able to circumvent Supreme Court scrutiny is a new feature introduced by the good governance government. This was the means by which they recently amended the local government electoral system as well; they brought in committee stage amendments to a Bill drafted for a different purpose.

The bottom line is that the government can in fact make changes to the PC elections law with just a simple majority in Parliament. This will have the effect of indefinitely postponing the PC elections. But, due to the inability of the government to amend article 154E of the Constitution, the PCs will cease to exist one by one until there is not one left by the last quarter of 2019. This will be good news for all enemies of the 13th Amendment and the provincial councils system. The precedent thus created will be of immense use to them. The Eastern province PC will be among the first to cease to exist. The Northern PC will stand dissolved in 2018. The very system of devolution forced on Sri Lanka by India on 1987, will have been dismantled by a government that was installed in power by RAW! Of course the government will try to sweet talk the Northern and Eastern PCs by telling its councillors that this is only a temporary suspension and that with the promulgation of the new constitution, the PCs will be given even more powers and autonomy.

But, the new constitution is just a pie in the sky. If the government does not have a two-thirds majority for the 20 A, how will they muster a two thirds majority in Parliament for a new constitution? If the 20A is giving the SLFP group in the government cold feet, the presentation of a totally new constitution will send them into a blind panic because the new constitution will be such that it will restructure the whole Sri Lankan state in such a manner completely repugnant to the traditional SLFP voter. Every SLFP MP is acutely aware that he or she will have to get into Parliament the next time on SLFP votes. So, what is the likelihood of him voting for a new constitution that is being prepared by the UNP in collaboration with some foreign-funded NGOs? There is a strong possibility that if the existing PCs are allowed to stand dissolved and no elections are held immediately, that the PCs will permanently cease to exist.

The Mahinda Rajapaksa camp will have no incentive to revive the PCs because their people at the PC level can be taken into Parliament. SLFP provincial council members are largely with President Sirisena for reasons of power politics. The Rajapaksas can simply ignore the PCs altogether – and it won’t be them who will be responsible for having allowed the PC system to lapse – the good governance government will be responsible for that! Hence, every enemy of the 13th Amendment and the provincial councils system will be supporting the latest ploy of the government to avoid holding PC elections by allowing the PCs to stand dissolved but not having elections. Those who are for the provincial councils system will however raise a howl of protest saying that the government has decided that the electoral system for the PCs needs to be changed only at the eleventh hour when every other attempt at postponing the PC elections failed.

They will say that the government had nearly three years to change the system of elections for the PCs but they did not do so and now with just days to go for the first PCs to stand dissolved they are trying to bring amendments to the PC elections law through the back door so as to be able to put off elections to the PCs that will stand dissolved. Given this situation there is the possibility that the Northern and Eastern PCs will object to their PCs being allowed to lapse without elections being called immediately - so we have to see how things will work out in the end. In the meantime, the automatic dissolutions will begin next week with the Sabaragamuwa PC standing dissolved on 26 September followed by the North Central and Eastern PCs on the 30th and the 1st October. So the government will have to do some quick footwork if they are to head off the PC elections. In terms of the present PC elections law, the Elections Commission is obliged to call for nominations within a week of the dissolution of the PC.

Civil Organizations oppose govt.’s new policy : eat, drink, enjoy Wesak , New year and Christmas with murderers of Rajapakse era (video)

(Lanka-e-News - 20.Sep.2017, 11.45PM)  President Maithripala Sirisena is involved in ‘deals’ with Rajapakses and is protecting the criminals of the Rajapakse era , the UNP members of the consensual government allege. In much the same way , the SLFP members of the consensual government are of the view that prime minister Ranil Wickremesinghe is involved in ‘deals’ with the criminals of the Rajapakse era. 

Irrespective of these two allegations , it is by now an acknowledged truth that the consensual government is bent on protecting a section of the criminals of the Rajapakse era as a matter of policy. This is solely because of the government’s announcement it is its policy that the new law will apply only to  the forced disappearances after October 2017 , and not those of the past . 

In other words what the government ruthlessly saying is  , ‘we must eat ,drink and enjoy New year , Wesak sight seeing and  Christmas as though no such crimes were committed  ’ together  with the criminals of the Rajapakse era who committed the heinous crimes of abduction and disappearances .

Resisting this new policy of the government ,  Gamini Viyangoda the popular secretary of the Civil organizations on the 18 th said , ‘what is important to us are the abductions of yesterday and the rights of those  abducted  more than the abductions of tomorrow’ 

Viyangoda made this revelation when addressing a conference of a series that is being held Island wide titled ‘a new constitution for a new country.’ Viyangoda speaking at the conference held at Rajarata Broadcasting service auditorium , Anuradhapura on the 18 th made the above  comments. 

Video footage of Viyangoda’s speech can be viewed hereunder 

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by     (2017-09-21 00:53:22)

Entire Sirisena Family At The UN

SEPTEMBER 20, 2017

President Maithripala Sirisena, who is currently in New York for the the 72nd Regular Session of the UN General Assembly (UNGA 72) has been accompanied by his wife Jayanthi, son Daham and daughters Chathurika and Dharani Colombo Telegraph reliably learns.

Two yeas ago Daham Sirisena was spotted attending the UNGA sessions and seated with the Sri Lanka delegation raising eyebrows and causing much embarrassment to the President.

This year, however, the President’s wife and elder daughter Chathurika, although seen at the UN Headquarters, have not been spotted attending the sessions. Daham, is in New York, according to sources, but has not been seen as yet at the UN. Although the President’s younger daughter Dharani has not been in the public eye as much as her controversial siblings, she is also in New York, a foreign ministry source told Colombo Telegraph. (By Senarath Molligoda)