Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Thursday, October 12, 2017

Sri Lanka: De-politicization of the Armed Forces Need to Continue

Professionals serving in Armed Forces across the world abide by a strict code of ethics when it comes to speaking to media. ‘Gung-ho’ reactions are avoided at all costs.

by A Concerned Citizen- 
( October 11, 2017, Colombo, Sri Lanka Guardian) One of the key promises of the ‘Yahapalanaya’ prior to 2015 January elections was ‘the immediate depoliticization’ of the Armed Forces if elected to office. Consequent to winning the polls in January 2015, the Yahapalanaya government of President Maithripala Sirisena and Prime Minister Ranil Wickremasinghe took a few firm steps towards fulfilling this promise. The frequent visits by Armed Forces officers (especially senior officers) to politicians’ offices ceased and appearances on TV screens in uniform too ceased. In early 2015, Sri Lanka Army took a few noteworthy steps in preventing politicizations of this great institution. Firm instructions issued by the Army Headquarters in this regard appeared in some of the print media. Army Chief at that time Crishanthe De Silva should be commended for taking these steps. The other two prestigious defence components of our nation; Sri Lanka Navy and the Air Force too would have taken similar steps.
2015 Parliamentary elections clearly indicated the effectiveness of the steps taken by President Maithripala Sirisena and Prime Minister Ranil Wickremasinghe in depoliticizing the Armed Forces. No untoward incident was reported either by the Police or the Election monitors of Armed Forces getting involved in any activity either during election campaign or on the day of voting. This needs to continue.
The utterances by various individuals on the conduct of the Armed Forces arbitrarily, portends the danger of once again politicizing the Armed Forces. All of us need to understand that the Armed Forces are bound by stringent regulations and if anyone is found guilty of breaching such regulations there is no hindrance in taking appropriate action against such individuals by the Armed Force concerned. At the same time those serving in the Armed Forces too should guard against making reactionary statements to the media in response to such allegations. The best course of action would be the government media spokesman to clarify details rather than those in uniform getting involved in verbal duals.
Professionals serving in Armed Forces across the world abide by a strict code of ethics when it comes to speaking to media. ‘Gung-ho’ reactions are avoided at all costs. Therefore, it will be prudent for the Yahapalana Government authorities to continue with the depoliticization of the Armed Forces in the same intensity as that of early 2015 for the sake our nation and the Armed Forces which are the guardians of our country and its people.

Marching towards home where our children are The second in a series of articles delving into our local theatre


What is great about our local theatre – Sinhala and Tamil – is that it’s so relevant and contemporary. It has always strived to extrapolate, to think beyond the present and to predict what’s out there, what’s unforeseeable. It’s not sustained by nostalgia, although there’s enough and more of that, too: one of the more inscrutable qualities about our playwrights is that they are as adamantly reverent of their veterans as they are disdainful of the conception of the medium those veterans idealised. The latter were in turn dejected by the ennui of sticking to one form of the theatre, which is why they absorbed from new playwrights from elsewhere and which is why we evolved rather quickly after 1956, even more so, in fact, than the cinema, which for 20 years remained with Lester James Peries, and literature, which for 10 years remained with Martin Wickramasinghe. It didn’t take long for Sarachchandra to be upended by Sugathapala de Silva, in turn to be followed by Gunawardena, Premaranjith Tilakaratne, Nawagaththegama, and Bandaranayake.

2017-10-12

That our schoolboys idealise serious plays about serious themes and ideas which make people laugh indicates, not surprisingly, how idiosyncratic we are about the social and the personal, the relevant and the irreverent, with respect to the Sinhala theatre. In Preston Sturges’s beautiful screwball comedy Sullivan’s Travels our hero, a director of escapist, shallow musicals and comedies, defiantly leaves Hollywood to lead a life of penury so that he can direct socially relevant dramas.

Along the way he meets a girl who loves comedies and in particular those directed by the hero; he questions her choices and asks whether the world has spurned comedies at a time of depression and squalor (“Don’t you think with the world in its present condition, with death snarling at you from every street corner, that people are a little allergic to comedies?”), only to be given the defiant reply, “No.” Laughter is the best medicine, the only antidote, which can convey serious themes without wringing controversy. It gets us to think, to reflect, without those contortions and distortions typical of any art form when made to be facilely courageous and profound. 

In terms of “ideology” we have moved beyond both Sarachchandra – who stood for an ideology of moral, religious upliftment – and Sugathapala de Silva – who stood for an ideology of commitment – and we have even passed the seventies and eighties and nineties, when Sinhala theatre was for the most the prerogative of the Political Left. It’s interesting to note that our generation, and today’s schoolchildren, tend to affirm and side with actors, scriptwriters, directors, and producers who can make us laugh without cutting corners. It’s not the kind of humour you come across at a conventional “tea party” comedy of manners. The closest our English theatre can and does get to such a form of humour is when its own actors relapse into the vernacular, sleekly and efficiently: many of the skits in IdeaCouch’s The Garage Show contain this quality, for instance. 
It’s not the kind of humour you come across at a conventional “tea party” comedy of manners
But then there’s humour and there’s humour, the one forced and contrived, the other natural and spontaneous. In the theatre spontaneity is almost always the consequence of preparation, not improvisation. It’s hard to improvise on stage because it’s live, not because it’s impossible, and in comedy what matters is the correct timing, the correct cue. Of the two broadly definable genres onstage, therefore, comedy is the default quality of the medium.

This is not because it’s greater or lesser than drama, but because it’s easier to make people laugh out of a tragedy gone wrong than it is to wring tears out of a comedy gone wrong. (In fact very few comedies ever go wrong; they are the result of either careful planning or careless miscalculation.) Humour is always felt, never expressly projected, which is why our political satires are so shallow.

They always resort to the same tricks and dichotomies: the big fat nationalist versus the young, bespectacled, idealistic understudy, one which our English playwrights allude to frequently as well. 
And then there’s the issue of novelty versus banality: it’s much easier to keep audiences here transfixed on comedies and skits that obsess over the same form of slapstick (the wrong accent, the wrong costume for the wrong gender, a play-within-a-play gone horribly wrong because of miscast actors, etc.), and it’s much easier for a drama, in that sense, to become obscurantist (which, incidentally, can be said of our films too, especially our art-house avant-garde films). In the former instance what comes out is a contorted but refreshing form of novelty: we’ve seen the same slapstick routines in other plays before, but we are alright with it; in the latter instance what comes out is banality: the same themes, once reworked, induce boredom, indifference, sometimes anger. 

Part of the reason why our playwrights turn political and resort to symbols and caricatures is that, obviously, they want to circumvent censorship. The more direct they are, the more likely it is that the Censor Board (a remnant of the past if ever there was one) will censure and block it. Directness is the preserve of the madly honest, and our political playwrights are for the most not mad, only honest. The capitalist is Big and Fat, the worker Thin and Sallow.
(I capitalise these terms because the producers do a pretty good job of doing so onstage as well, without spelling them out overtly to audiences.) In Jayantha Chandrasiri’s Mora the titular protagonist is shot at in the end, but doesn’t die. Why? Because the truth can’t die: it survives and grows. Likewise the Dragon in Makarakshaya dies off only to be replaced by the Burgomaster; we have so many dragons, but many more Burgomasters.

The message is potent, in a vague way, which is why some of these symbols and caricatures evoke laughter, sometimes intentionally, often not. A few plays do, with extraordinary resolve, keep us transfixed and deeply depressed throughout – some of Bandaranayake’s plays, like Trojan Kanathawo, are like that – but they are unfortunately rare. Rajitha Dissanayake’s POLITICAL plays are more the rule than the exception here, since they subsist on a contrapuntal mixture of anger and laughter.

His best intentions are undone by what those intentions lead up to, a point summed up by my friend Dhanuka Bandara: “I strongly feel that he has much more to offer, a fact that his older plays attest to.” Again, this goes back to my earlier contention: in any art form, especially in the theatre, comedy is the default form of expression, not tragedy, because tragedy is the consequence of meticulous planning, while comedy can both be planned and also undo the most carefully constructed dramas. There’s a name for this latter phenomenon, by the way: bathos. 

Our schoolboys and schoolgirls believe that there’s something new and innovative and exciting about plays that make you laugh and make you think about people who live without homes and sanitation and even employment, at the same time, because they are fascinated by what’s being staged and also repelled by the way these articulate their intentions. They want something new out of what they believe is already new.

They are the new purveyors, who are enamoured of what their predecessors do but want to go beyond. “Beyond what?” I asked one of these schoolboys the other day. Momentarily stymied, he finally settled on an answer: “One that involves music and dance and laughter and at the same time provokes you to think.” A play that does all that is pretty much like a film that eventually becomes a parody of its own genre. The new theatre, which these boys idealise, is provocative but spontaneous, aware of its own falsifications but not overtly joyful about it. That conversation, incidentally, got me talking with two other boys, more specifically about the kind of plays they not only like but also write. 


Both these boys had, in fact, scripted their own plays at their school (note: very few children take to scripting these days: they prefer acting, naturally I suppose). One delved into a stock tragicomic situation: a dying family elder being fought over by his prodigal sons and daughters (the undercurrents of tension and hilarity were there). The other too presented a stock situation: three men, all three two-faced and duplicitous, on a boat. But while they are, in a manner of speaking, stock, their treatment at the hands of these young scriptwriters bespeak to a higher sense of self-confidence in them: there’s no proper resolution in either production, and the fact of there not being a proper resolution compels both laughter and reflection, the amalgamation of which, as we all know, is pathos (in Sinhala, “lreKdrih”). Pathos has always been fresh, current, relevant, because it stands against both indifferent humour and over-the-top seriousness.
Why it’s so hard to come by and why our children find it difficult to engage with it, is a completely different topic I intend to explore
For all their intentions and efforts, however, these boys are doomed to forego on their conception of the theatre, not because they’re discouraged from engaging in those conceptions but because they’re institutionally discouraged from indulging in the theatre in the first place. There are reasons for this, clearly. Pathos has almost never been the preserve of the Wendt because the Wendites, as I pointed out last week, are content in being formally conservative and facilely novel, a sensibility that lacks that revolutionary streak and tongue-in-cheek daring to be found in your typical Sinhala stage production. It’s a new way of looking at old themes and ideas, a new way of looking at the world, in fact. Why it’s so hard to come by, and why our children find it difficult to engage with it, is a completely different topic, one which I intend to explore.

Reforms race: Is SL winning?

National Policies and Economic Affairs Deputy Minster Dr. Harsha de Silva (left) and former Central Bank Deputy Governor W.A. Wijewardena in an animated conversation on Tuesday at the launch of Institute of Policy Studies launch of State of the Economy 2017 Report

                                                                 - Pix by Lasantha Kumara-
Thursday, 12 October 2017
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  • Political and economic reforms: which is more important and is Govt. tackling both?
  • Healthy debate at Institute of Policy Studies’ State of the Economy 2017 report launch
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  • IPS calls for quicker economic reforms to urgently address structural constraints to growth
  • Says implementation rests on Govt. coalition partners realising economic reforms will eventually benefit ordinary voters
  • Deputy Minister Harsha agrees economic reforms are a must but insists political reforms more important 
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  • Argues 4% growth is creditable at times of prioritised political reforms as lasting reconciliation and peace are key for the economy 
  • Says Govt. can focus on 8% growth ignoring constitutional reforms but it is foolish
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  • Reminds people that protestors during previous regime were not slapped but shot
  • Economist Wijewardene calls for simultaneous political and economic reforms to harmonise sound economics and political expedience

By Nisthar Cassim

The launch of the Institute of Policy Studies’ annual State of the Economy (SOE) report on Tuesday triggered a healthy debate on the problematic issue of whether Sri Lanka was suffering due to political reforms taking precedence over economic matters and which was more important. 

The IPS 2017 SOE called for Sri Lanka to urgently address structural constraints through a process of reforms if the country was to raise its medium-term growth prospects.

It stressed that the implementation of reforms will depend on persuading government coalition partners that economic reform initiatives are designed with sufficient reference to the concerns of ordinary voters.

“If political indecision makes a reform effort less achievable, the evidence will begin to confirm that the probability of a sustained upswing for the Sri Lankan economy is dim. In view of the daunting medium-term debt financing challenges that Sri Lanka must prepare to meet, the country cannot afford to lose this opportunity to put its economic house in order,” the IPS said.

However, National Policies and Economic Affairs Deputy Minster Dr. Harsha de Silva, who was the Chief Guest at the launch of the report, noted that whilst economic reforms are important and being pursued, the need and urgency for political reforms was greater, especially in the context of the mandate given by the people at the 8 January 2015 Presidential Election followed by the General Elections in August of the same year.

“Yes, economic reforms are essential and must be done but political reforms giving people the rights they deserve in a democracy are perhaps equally or even more important,” argued Dr. de Silva. Extricating Sri Lanka as a sovereign nation with the global community is important for a Government, as a nation, he added.

“We must have the backbone as a Government to deal with what happened in the past. Nothing is important as much as ensuring winning the peace in the country. Perhaps  we will grow at a slower pace, say 4%, but if that gives us the opportunity to ensure that once and for all we are able to bring in the political reforms that the whole world is asking us to do, including local society, then I think it (4% growth) is worth it,” emphasised the Deputy Minister.

He suggested that the Government could take steps for 8% growth next year by saying constitutional reforms were unnecessary but that would be foolish.

“When people talk of reforms, they get carried away that it’s only economic reforms. The economy cannot stand on its own. It is interconnected to democracy, peace and reconciliation,” he pointed out.

“When people ask me why we have been slow on reforms, I explain reforms are not only economic but also of other types such as political reforms and foreign policy reforms to extricate the country from the difficult position it was in. Some have forgotten that had Sri Lanka gone down the path of the previous regime, by today Sri Lanka would have been slapped with economic sanctions, and hauled to the International Criminal Court for crimes against humanity,” he said.

“As a democratic Government we had to deal with the urgent issues of that time, engage in political, foreign policy reforms, give greater freedom by amending the Constitution, re-established the independence of administrative structures. Some blamed the Government for corruption, but I must emphasise that corruption did exist before but was never exposed or there was no mechanism to prosecute people.”

Referring to anti-SAITM protests, he said that some people were against non-state education even if it met the minimum standards that are required. “In the past people didn’t protest and if they did, brute force was used against them. Today there are many protests. That is the consumption of democracy created by the current Government. Of course protestors during the previous regime were not slapped but got shot,” recalled the Deputy Minister.

Amidst these seemingly opposing views some sense of rationality was brought in by former Central Bank Deputy Governor and Daily FT’s weekly columnist W.A. Wijewardene, who provided a review of the IPS SOE 2017.

He said there was an urgent need for the Government to tackle both political and economic reforms simultaneously rather than only the former.

“Policy prescription (from the IPS report) is for the long term and the Government concentrating on the short-term election cycle should not ignore it. The Government should have a program to harmonise sound economics and political expedience,” said Wijewardene.

According to IPS, a primary constraint on growth was identified as the nation’s inadequate human resource pool of professional and technical skills and called for improvement in labour market efficiency by tackling two of the biggest limitations – its stringent employment protection laws and low female labour force participation rates. In his observations, Wijewardene too agreed that Sri Lanka’s thrust toward prosperity depends on how it could “de-skill and re-skill” its “irrational stock of labour”

2017 is a write-off economically!

Former Central Bank Governor W.A. Wijewardena on Tuesday claimed that 2017 was a write-off economically and that the country needed to speed up.

“2017 is a write-off and what is lost in the current year has to be recovered with faster growth in the next eight to 30 years,” opined Wijewardena.
He said the Government needed to use all suggestions contained in the Institute of Policy Studies’ State of the Economy 2017 report as well as expeditiously implement several of the good policies declared in the 2025 Vision document to start achieving higher socioeconomic growth.

“The use of all the options is a must for speeding up the growth in the next eight-year period. More importantly, the country needs to lay the foundation for a solid investment base, augment domestic savings, consolidate the Budget and ease the debt problem,” Wijewardena said when he reviewed the IPS’ publication.

Drawing from a host of good recommendations in the IPS SOE 2017 Report, Wijewardena said that the Government must focus on promoting the export of both “goods and services” to generate higher income as the export of goods is constrained by structural problems and the loss of competitiveness.

“Structural problems arise from skills deficits, regulatory bottleneck, inefficient public services, failure to harness technology and competitiveness has been lost due to high wages, difficulty in doing business, high start-up costs and corruption at all levels,” declared Wijewardena.

“The long-term policy prescription by IPS for the Government and if interested, on sustained long-term growth the State, should not ignore the recommendations,” he added.

Wijewardena also cast some responsibility on IPS to propagate its useful recommendations among the public, politicians and others so as to win stakeholder support and hold the Government accountable for implementation. 

Wednesday, October 11, 2017

Bond Commission: Why Is Prime Minister’s Evidence Important?

Rusiripala Tennakoon
logoTwo important witnesses were summoned before the COI investigating into the Central Bank Bond Scam. They were Minister Malik Samarawickramaand Minister Kabir Hashim. According to the evidence led before the COI, so far, the names of these two Ministers came up in relation to one incident. That is the meeting that was held on the 26th February, 2015 at the CBSL premises with their attendance along with Ravi Karunanayake – Minister of Finance, Arjuna Mahendran and some officials of the High Ways Dept. This meeting has been held to establish the need for urgent additional funds. Their evidence is considered important in the following context.
1. Prime Minister has stated in his statement to Parliament on 17th March, 2015 as follows :
“During the regime of Mahinda Rajapaksa, the Ministry of Highways had entered into contracts exceeding over Rs. 100 Billion without any allocation of funds.  Funds were needed urgently to make the related payments. This is one issue. Payments have to be made for the work done.  Payments have also to be made for work in progress, in respect of the contracts signed. We decided to make payments for the projects completed later and to pay for the work in progress and for the work to be started.  But there were no funds, for this. We cannot pay Rs. 100 Billion at once. Highways Minister, Secretary to MOF, officials including Governor and Deputy Governor of the CBSL met on 26th February, 2015 and discussed this matter. They decided that Rs. 15 Billion was required immediately”.
2. A letter produced to the COI under the signature of the MOF Ravi Karunanayake addressed to no-body states that there was an urgent need of Rs. 75 Billion as decided at that meeting.
3. Ravi Karunanayake in his evidence confirmed that he issued this letter and the fund requirement was 75 Billion.
4. The statement made to Parliament on 17th March, 2015 by the Prime Minister contradicts this position because the amount required urgently was  Rs. 15 Billion only.
5. Hence the AG’s Dept has to call the other participants of the 26th meeting to verify the matter.
6. Attendance of Mr. Malik Samarawickrama was quite out of place for this meeting as he did not hold any official position. However, as revealed he attended in his capacity as an adviser to Prime Minister.
7. All these participants were officials of the UNP besides being Ministers and  an adviser, Ravi Karunanayake, Deputy leader of UNP, Kabir Hashim General Secretary of UNP, Malik Samarawikrama Chairman UNP represented the leader of the UNP at this meeting.
8. Prime Minister in the same statement he made to Parliament also states as follows :
“The monies that were raised were paid to the Treasury to fund the “Divisional Development Projects”. This is a slightly different position to what he stated earlier that the funds were urgently needed to settle the Contractors for the work done. Therefore this matter should be ascertained from these two witnesses.
a) How much was the urgent need?
b) What was the actual purpose?
c) Who directed them to hold this meeting?
d) Whether Malik Samarawickrama reported the outcome of the meeting to Prime Minister whom he represented at the meeting.
In this background AG’s Dept has to verify these from the Prime Minister. Then it would be a complete corroboration of evidence. Furthermore there is a necessity for the AG’s Dept to enlighten the COI about the role of the Minister in Charge of the CBSL in the context of a number of other relevant issues, such as certain directives he is alleged to have given.

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Even an engineering ‘Baas’ as foreign Envoy’; stop this diplomatic appointment ‘dansala’ -Country is not Sirisena’s plaything !

-Diplomutt

LEN logo(Lanka-e-News - 11.Oct.2017, 11.45PM)  There are three vocations in Sri Lanka (SL) ,  namely politics , media and foreign  diplomatic service which do not need people  with educational attainments. In  contradistinction  in other countries vacancies in these vocations are filled by specially skilled and adequately educated competent individuals .
In Singapore if one is to become a minister one must not only have a degree but also a post degree qualification .In England ,  even to secure a part time job   as a video photographer  in a Restaurant he /she must  have a degree in  camera reporting . In India too our closest neighbor, there are no politicized foreign diplomatic appointments  at all. 
Unfortunately, it is only  in SL , any rascal , pariah or son of a b… ch can become a politician , media personnel or foreign envoy.

Let us for the moment elaborate  on our foreign Envoy appointments – a sphere most vital to the country …..
In SL the eligibility requirement  to become a foreign Envoy is his/her closeness of connections and his / her influence  with the highest in the hierarchy of the country . Sadly , owing to this state of affairs , notorious  rapists, rogues and even  jailbirds secure foreign diplomatic posts without any hindrance.

Though the masses  on the 8 th of January  2015 following the rainbow revolution earnestly expected a revolutionary change for the better ,  Maithripala Sirisena breaking his solemn promises ,   immediately after  becoming the president  grabbed the post of president of the SLFP kicking     those promises he gave to the people out the window that he would be non partisan  and act sans party affiliations.  Since that day  Polonnaruwe Sirisena when appointing misfits as  foreign envoys made a perfect display of his imperfect inferiority complex.
The corrupt Medamulana morons  made the inclusion of  pensioned senile  officers of the forces into the list of diplomatic  envoys a fad , while  Sirisena who tried to make an exhibition he is  a ‘King in the making’ continued that obnoxious practice with even  greater vigor and vitality .
It is a Universal practice of the advanced countries of the world to appoint officers of the forces to diplomatic missions only to the lowest  rungs. It is a pity  in our country it is different .Now,  former Commanders of the forces are being appointed without an efficiency scrutiny  .On that basis , His Excellency   has appointed a ‘baas’ – a former army commander Chrishantha De Silva as High Commissioner to Bangla Desh, and much worse ! under the good governance government the number of foreign envoys appointed has shot up by 70 % . This is far in excess of the number even during the nefarious corrupt Rajapakse decade.

Why Foreign Envoys cannot become commanders of the forces and vice versa?

The individual who  can play the key role  to avert a war or halt it  is the state diplomatic officer. That is why he  should be knowledgeable and  given a rigorous training in his profession . On the contrary , an officer of the forces is trained in something diametrically different  in his profession. He is well versed in winning the war without losing , and not in halting the war .That is ,he is skilled in waging war. 
Though both these tasks are vital to carry on a government , they are distinctly different. That is why we say , in the same way as a foreign diplomatic officer has no knowledge to be a commander of the forces , a commander  of the forces has no knowledge to be a foreign  diplomatic officer. 
Like how an officer of the forces from the level of second lieutenant gradually rises to the post of commander of the forces , diplomatic officers too reach the post of foreign envoy gradually through promotions after serving for about 20 years. 
The former commanders like  Chrishantha De Silva initially joined as Cadet officers to become second lieutenants with GCE ord. level or with GCE adv. Level passing two subjects . Whereas to join the diplomatic service the candidate should have a degree as well as a post degree qualification. These qualifications are imperative when interacting  with the world . 
We do not know whether morons were commanders of the forces , but certainly we know such morons have been defense secretaries . In any event  morons cannot perform the duties of a foreign envoy , no , not for all the world ! There are tangible proof testifying to that !
In the circumstances , what is the benefit or the prestige  the country going to derive by giving  Chrishantha De Silva an engineering  ‘baas’ a foreign  diplomatic appointment - bad enough appointing him as army commander (earlier) , who has only the GCE advanced level qualifications , has not even been a student ‘soldier ‘ during his school days , never carried weapons and been  in the battle field , and was just attached to the engineering division ?
Bangla Desh is an economically developing Muslim country. Hence by sending pensioned incompetent Chrishantha De Silva to such a country without taking into consideration what he is (in)capable of , the SL diplomatic mission in Bangla Desh is only sooner than later going to become a home for the aged.  One thing is sure  SL  is not going to reap any benefits there-from.
Moreover , when there are officers in the foreign ministry who are seniors and well  experienced in the highest rungs for over 3  years and languishing in Colombo , what is the justice meted out to them  if commanders who did not know even  about weapons are being appointed as foreign envoys ? What is the logic or  ethics  behind this ?

Miathripala Sirisena who came to power giving a solemn assurance that he would abolish the most abhorred  Executive presidency within 100 days should not think the country is a just a plaything and that he  was appointed  only to fool around .  This diplomatic appointment dansala shall be stopped once and for all  ! 

By Diplomutt

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by     (2017-10-11 19:30:31)

Rohingya refugees in Sri Lanka now all at sea


2017-10-12

Seven males, seven females and seventeen kids took a small boat from Tamil Nadu in April this year driven by a fantasy to illegally sail off to Australia. The small boat they used was so small that it wasn’t even suitable for crossing a river, much less a vast sea. The helpless group of Rohingyas became victims of two Indian human traffickers. The group consisting 31 people, including a pregnant woman, had been staying in several parts in India, including Jammu-Kashmir, Hyderabad and Thanjavur, for five years, starting 2012. They left India this year due to the fear of being sent back to Myanmar. Their decision to leave was largely fuelled by the attitude they took that they’d ‘rather die than be deported’.

Unitary or Not? Contradictions in the interim report of the Constitution


By Amila Wijesinghe-2017-10-11

The Interim Report of the new Constitution presented by the Steering Committee of the Constitutional Assembly has been the subject of much controversy over the last few days. Whilst President Maithripala Sirisena has insisted that there is nothing in the draft that would diminish the unitary status of the country, there has been an outcry from several parties that were concerned by sections of the report that seem inimical to this unitary status.

The controversy surrounding this report was evident at a Central Provisional Council session when the document was set alight by members of the National Freedom Front (NFF).
Unitary vs Federal

In any State, governance is distributed between the centralised decision making body and local government. In a unitary system, the central government may decide which powers to devolve to the local bodies in the interests of an efficient administration of the localities. The local level governments can enjoy significant amounts of autonomy under this system, but the distinction lies in the fact that the central body retains constitutional authority. In a federal system this authority is shared with the provincial entities. They share decision making powers in a manner that means that sovereignty is not exclusive to the central government, but shared with the regional subsidiary bodies. The provincial governments would be subsidiary entities that wield constitutional authority over a broad range of issues making them sovereign in many respects.

Contradictions in the govt's claims

There seems to be some contradiction between the government's assertions and the suggestions contained within the report. The current Constitution is explicit in Article 2 that 'The Republic of Sri Lanka is a Unitary State.'

The interim report on the other hand, rather arbitrarily declares that the English word 'unitary' is inappropriate for Sri Lanka. Part of its justification seems to be that 'it is now possible for Northern Ireland and Scotland to move away from the Union.' Whilst Scotland did indeed hold a referendum in 2014 (and there are currently calls for a second), it was not the result of any change to the word unitary. The UK is unitary and its Parliament holds constitutional powers, with devolved powers given to Scotland, Wales and Northern Ireland. Under ordinary circumstances, Scotland's powers are limited and they would not have been able to legitimately enact legislation affecting the Union to such a degree. However, the referendum was a result of mutual agreement by the Scottish and UK Parliaments following the Edinburgh Agreement signed by the two governments, which temporarily lifted the restrictions on the Scottish Parliament's power to hold a referendum through a section 30 order (under section 30 of the Scotland Act 1998). Essentially, it had nothing to do with any change to the meaning of the word unitary.

After deciding on such questionable grounds that the term 'Unitary State' is now somehow obsolete, the report goes on to claim that the Sinhala term 'aekiya raajyaya' (which has so far translates as 'unitary') should now come to mean 'undivided and indivisible'. So, in a rather extraordinary move, the report has done away with the word unitary altogether and changed the meaning of 'aekiyaraajyaya'. It goes on to suggest that the Constitution word this as:

'Sri Lanka (Ceylon) is a free, sovereign and independent Republic which is an aekiya raajyaya / orumiththanadu, consisting of the institutions of the Centre and of the Provinces which shall exercise power as laid down in the Constitution. In this Article aekiya raajyaya / orumiththanadu means 'a State which is undivided and indivisible'

The interpretation of this would seem that even though most Sri Lankans would assume the inclusion of 'aekiya raajyaya' to refer to the unitary status of the country, neither the English, Sinhala nor Tamil versions of the Constitution would support that, if this new Constitution is adopted. This seems like a rather disingenuous form of wordplay. They seem to have taken out the English word unitary and included the Sinhala and Tamil phrases hoping that pro-federalists would be satisfied by the fact that the word unitary was removed, and that anti-federal/pro-unitary citizens would be lulled into the belief that the country's unitary status was preserved as an 'aekiya raajyaya'.

Do the interim report's proposals preclude federalism?

The current government has repeatedly claimed that the report does not infringe on the country's unitary status and does not allow any form of federalism. However, as discussed above, it has gone out of its way to exclude the term unitary and replace it with 'undivided and indivisible'. It also states that 'There shall be specific provisions included in the Constitution to prevent secession (division of the country)'. What this provision would suggest is that division of the country refers to secession. In section II which contains the principles of devolution, part 2.2 specifically states the phrase 'undivided and indivisible' as relating to the safeguards against secession. So, when referring to the country being 'undivided and indivisible', this would seem to refer to the prevention of secession, and there is nowhere in the report that explicitly denies federalism. Indivisible and federal are not necessarily incompatible concepts. The pledge of allegiance of the United States, a well-known example of federalism, describes itself as 'one Nation, under God, indivisible.' This pledge is repeated in congress, government meetings and schools all around the US, showing that the term indivisible is not necessarily at odds with federalism.

Does the report take a more federal approach?

Very few (if any) States can claim to be entirely unitary. It tends to be the case that powers are decentralized to some extent and most countries will lie somewhere in between the spectrum, with unitary and federal ideals at both ends. In fact, Sri Lanka is arguably already semi-federal to some degree, as the 13th Amendment devolves a lot of centralized powers (with some limitations) in a way which mirrors some quasi-federal features. Semantics aside, the devolution of power is not necessarily against a Unitary State, as it often forms an essential part of a Unitary State's governance at the local level, and what matters more is the substance of the Constitution - regardless of what the State may be called.

Part 7 of the second section of the report recommends curtailing the powers of the Governor, which has previously been seen as a safeguard to protect the country's unitary status as an appointee by the President. The report advocates that the governor's role, which would previously have included certain powers and executive authority, be reduced to a ceremonial one.

As another example, an identifying characteristic of a federalised state is that it's Constitution will guarantee significant powers to the intermediate governmental bodies of the provinces and they are often represented at the national legislature through a second chamber (such as a senate or upper house). These will often be a deciding factor for any amendment to the Constitution as their consent will be necessary for the ratification of any such changes.

Interestingly enough, part VI of the report calls for the establishment of a second chamber, with 45 of the 55 members drawn from the Provincial Councils. This chamber would be able to refer ordinary legislation back to Parliament for reconsideration, be able to exercise oversight, and 'No Constitutional Amendment shall be enacted into law unless passed by both Parliament and the Second Chamber, with special (2/3) majorities.'

This article does not intend to comment on the merits of federal versus unitary forms of governance, nor is it intended to advocate for either. However, the interim report's duplicitous approach at the very least calls into question the motives of the current government and the assertions about the issue that they have made so far. The Constitution should represent the people, and any changes must always be done in a transparent and open manner.

Bond Scam: AG’s Department SILENCED !

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In a bizarre day at the Commission the Attorney General’s Department shockingly fell silent today refusing to examine Ministers Malik Samarawickrema and Kabir Hashim, instead putting on a defiant “we don’t give a damn” attitude at the Commission today.

Jayantha Jayasuriya -Attorney General
The team led by ASG Dappula De Livera which had brought the proceedings to a near climax by necessarily implicating Prime Minister Ranil Wickremesinghe and Arjuna Mahendran, refused to examine the two minister and instead stared defiantly at the Commissioners and the witnesses during todays proceedings.
Hashim and Samarawickrema instead had a free walk attesting to a purported meeting held in February 2015 attended by Ravi Karunanayake and Mahendran at which they had supposedly discussed the urgent requirement for funding for the highways.
The Attorney General heavily disputed the fact that such a meeting was held previously. They brought in evidence to show that there was no such funding requirement and only Karunanayake and Mahendran were aware of such a requirement.
The Attorney General also disputed the undated letter given by Karunanayake to Mahendran referring to the meeting in which such a requirement was discussed.
The AG lambasted Ravi Karunanayake and called him a “liar” and said that the letter was given after the Commission proceedings commenced in order to cover the tracks of robbery.
They pointed out how unlikely it was for a Minister to give an official letter without a date or a reference number.
Hashim and Samarawickrema ended up being questioned for ten minutes each by the Commissioners and true to the script the duo insisted that the meeting was in fact held and that there was in fact a funding requirement, both of which was clearly disproved earlier by the Attorney General.
It is unclear as to the reason why they sat defiantly but observers insisted that it looked like the team was instructed to do something they didn’t want to and they had no option but to comply. So they put on a big “fuck you” face.

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Malik, Kabir grilled by Bond Commission

Ministers Malik Samarawickrama (left) and  Kabir Hashim scene outside the Bond Commission hearing yesterday 

logoBy Himal Kotelawala-Thursday, 12 October 2017

Two senior Cabinet Ministers yesterday told the Presidential Commission of Inquiry on the controversial bond issuance that at a meeting held on 26 February 2015, a fund requirement of Rs. 18 billion had been discussed for stalled road development work initiated by the previous administration.

Ministers Kabir Hashim and Malik Samarawickrama, testifying before the commission, appeared to confirm evidence previously given by former Central Bank Governor Arjuna Mahendran that a meeting had taken place in the morning of 26 February, the day before the controversial bond auction, attended by Mahendran, the two ministers, former Finance Minister Ravi Karunanayake, officials of the Central Bank of Sri Lanka (CBSL) and the Treasury, the Director General of the Road Development Authority (RDA) and officials from the Ministry of Highways and others, where urgent fund requirements for road development work was discussed.

In evidence given to the commission last month, it was mentioned that a request had been made to the former Governor at the 26 February meeting to raise a sum of Rs. 75 billion within a month for urgent road construction work, as substantiated by a letter purportedly written by the former Finance Minister that was furnished to the Bond Commission as evidence (document No. AM22). The Prime Minister, however, in a statement to Parliament on 17 March 2015, had made reference to an urgent requirement of Rs. 15 billion only. This was later clarified by Mahendran as an initial requirement of Rs. 15 billion needed immediately, followed by a further Rs. 75 billion.

Hashim had taken part in the 26 February meeting in his capacity as then Minister of Highways and Investment Promotion while Samarawickrama had attended as then Senior Adviser to the Prime Minister.

Responding to questions raised by the Chairman of the Commission Justice K. T. Chitrasiri, Hashim testified that road construction work initiated by the Rajapaksa government had stalled, due to unpaid bills from 2013 and 2014 and contractors had stopped work, leading to what he called social unrest. There was an urgent need for funds, he said, recalling that the Secretary to his Ministry had written to the Treasury Secretary about said unpaid bills.

There had been Rs. 18 billion outstanding, Rs. 3 billion of which had been allocated by the Ministry of Highways, said Hashim. This meant that Rs. 15 billion was needed immediately, as had been communicated to the Treasury Secretary.

According to the Minister, the matter had previously been taken up at a Cabinet Committee on Economic Management meeting held on 24 February. Two days later, he and other officials of the Ministry had been asked to come to the CBSL premises for a discussion where the requirement for Rs. 18 billion had been submitted.

“I think my accountant had certified that we had allocated Rs. 3 billion,” said Hashim, responding to a question, adding that the figures were not exact, as bills had been coming in sporadically. However, he said, the focus had been on the Rs. 18 billion requirement.

Samarawickrama, too, provided a similar answer in his testimony: “It was found at the meeting, as I recollect, about Rs. 18 billion of funds were required to pay these outstanding contractors. The Ministry had allocated about Rs. 3 billion. There was a deficit of about Rs. 15 billion.”

Minister Hashim told the commission that the Finance Ministry and Treasury officials had said they would “look at a way of helping us get the funds.”

Commissioner Justice Prasanna Jayawardena asked Hashim if the CBSL had been asked to do anything at the meeting.

“Not anything I’m aware of,” said the Minister.

Asked about any follow-up action, Minister Samarawickrama said there had been “no discussion whatsoever” on how to raise the funds, nor had there been any discussion at the meeting about issuing bonds or about the bond auction to be held the following day. The purpose of the meeting had been solely to find how much money was required, he said.

According to Hashim, his Ministry had received Rs. 8.3 billion from the Treasury. Around 16 March, a new requisition had been sent asking for the remaining Rs. 10 billion.

At this point, Justice Jayawardena noted that the requirement of Rs. 18 billion had remained unchanged in the month of March. Hashim agreed.

Samarawickrama said he did not meet or speak to the former Governor over the telephone after the meeting or on the day of the auction. Hashim, too, could not recollect having done so.

Both Hashim and Samarawickrama said that neither Perpetual Treasuries Ltd. (PTL) nor its former Director Arjun Aloysius, his father Geoffrey Aloysius nor any of their immediate families had made any fund contributions to the United National Party (UNP) during the period which the two senior UNPers had served as the party’s Chairman and General Secretary respectively.

The Attorney General’s Department had no questions for either witness.

Attorney-at-law Neranjan Arulpragasam, representing PTL, asked Minister Hashim, under whose purview state banks came following the August 2015 general election, if the National Savings Bank (NSB) had made a loss or a profit.

“I think they haven’t made a loss during that time. They have been making profits,” he said.

Asked if these were substantial profits compared to previous years, the Minister said: “Yes, I think, because the dividends that we transferred to the Treasury were of record levels in 2015 and 2016.”

Arulpragasam then asked the witness if he thought former NSB Chief Dealer Naveen Anuradha was a good performer. Said the Minister: “I can’t specifically say about a person, but overall we monitor operations of the bank and look at the overall performance. There’s a team that works there in the Treasury unit.”

Meanwhile, Personal Assistant to Arjun Aloysius Steve Samuel, who was supposed to testify before the commission yesterday, according to his attorney, was admitted to the emergency ward of a private hospital due to cardiac problems. An affidavit, along with medical records, is to be submitted to the commission today.

Samuel’s testimony was sought seeking clarification on files said to be maintained by PTL under the initials of RK and AM. Former Governor Mahendran had previously denied any knowledge of who RK and AM might have referred to.

Justice Jayawardena noted that, even if the witness was not present, the files could be produced.

“We have also endeavoured to serve summons on [Arjun Aloysius] and [Geoffrey Aloysius] who apparently are difficult to locate,” he said.

Noting the presence of the company’s counsel, Justice Jayawardena added: “We will not look at a failure to produce those files very kindly.”

According to Samuel’s lawyer, his client was not in possession of any of those files. However, an affidavit will be filed today pertaining to the documents requested as well as medical records indicating his client’s health.

Former Governor Mahendran is to be re-examined by President’s Counsel Romesh De Silva today.

SL pops up in foreign news reports on Airbus corruption scandal



2017-10-11
References have also been made to Sri Lanka in foreign media reports on the massive corruption scandal rocking the world’s second largest aircraft manufacturer, Airbus. Spiegel Online, one of the most widely read English language news websites in Germany, says suspicious cases have begun popping up around the world, including in Sri Lanka, Indonesia, China, Tunisia, Kazakhstan and Mali.
Airbus CEO Tom Enders last week warned that the aircraft manufacturer could face “significant penalties” relating to ongoing corruption probes including one into the sale of fighter jets to Austria. “We are currently being investigated for alleged breaches of anti-bribery and anti-corruption laws,” Enders wrote in a letter to employees.
According to AFP, an Airbus business unit in Paris reportedly built a network of shell companies linked to London-based Vector Aerospace, formerly the group’s aircraft maintenance subsidiary.
Its system allowed the group to make “bribes to decision-makers in Austria” while Vienna was considering its purchase of Eurofighter military jets, German news magazine Der Spiegel reported Friday, culminating in a 15-aircraft deal worth about 1.7 billion euros (US $2 billion).
Inquiries have also been opened in France and Britain, on suspicion of corruption in Airbus’s UK-based civil aviation arm.
Sri Lankan government is currently in a multi-million dollar dispute with Airbus over the purchase of four Airbus A 350-900 aircraft ordered during the previous Rajapaksa regime.
National carrier SriLankan Airlines has already paid pre-delivery payments for these aircraft running into US dollar millions but the airline’s director board in November 2016 decided to stop making these payments.
The delivery dates of the aircraft were to commence from the second quarter of 2020 with the last aircraft being delivered on the first quarter of 2021.
The Criminal Investigation Department (CID) detectives are now probing how this purchase deal under the previous Government came about.
In addition to the purchase of four Airbus A 350-900, SriLankan Airlines also obtained on lease four more. The lease has now been terminated with a controversial payment of US$ 146.5 million.