Working group on arbitrary detention: preliminary findings from its visit to Sri lanka (4 to 15 December 2017)


Working group on arbitrary detention:  preliminary findings from its visit to Sri lanka (4 to 15 December 2017)

15 December 2017

Introduction

At the invitation of the Government, the United Nations Working Group on Arbitrary Detention conducted its official country visit to Sri Lanka from 4 to 15 December 2017. The Working Group was represented by Mr. José Guevara Bermúdez (Mexico, Chair-Rapporteur), Ms. Leigh Toomey (Australia, Vice-Chair) and Ms. Elina Steinerte (Latvia, Vice-Chair), and accompanied by staff from the Office of the United Nations High Commissioner for Human Rights. The Working Group thanks the UN Country Team, its Resident Coordinator and the Human Rights team for supporting the visit.

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Responsibility In The Judiciary & Lawyers To Combat Corruption

By Nagananda Kodituwakku –December 15 2017 

This Nation continues to suffer in the hands of criminal elements occupying public office in the Legislature and the Executive who abuse public office for their private benefit, engaging in corruption and robbing the Nation with total impunity.

The attention of all the concerned citizens is drawn to the “Forward made by UN Secretary General Kofi A Annan” to the UN Convention against Corruption [58/4 of 31^st of October 2003], ratified by the Republic of Sri Lanka on 31^st of March 2004, which is very pertinent to the situation faced by the people of Sri Lanka.

“… Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violation of human righs, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human society to flourish. This evil phenomenon found in developing world, its affects are most destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining the government’s ability to provide basis services, feeding inequality and injustice and discourage foreign aid and investment. Corruption is the key element in economic under performance and a major obstacle to poverty alleviation and development …’   

 

Dear citizens! It is the duty of all of us to comprehend that the Motherland can never be put right without eradicating corruption, a noble act and also a national requirement that call for a fearless and upright judiciary committed to protect vindicate and enforce judicial power of the people (Article 105 of the Constitution of Sri Lanka).

And the Lord Justice Dennings, considered as greatest English Judge of modern times remonstrated that ‘…  Judges cannot afford to be timorous souls. They cannot remain impotent, incapable and sterile in the face of injustice …’

However, to achieve the objective of eradicating corruption there is a paramount duty vested in the members of the legal profession as well to assist the judiciary and the Constitution mandates all citizens including lawyers to preserve and protect the public property and to combat abuse of public property (Article 28 of the Constitution).  This is the only way forward to fight corruption and win the confidence of the people.

Elaborating the role of the judiciary the Latimer House principles promulgated by the Commonwealth of Nations requires thatthe Judges shall   be accountable to the Constitution and to the law, which they must apply honestly, independently and with honestly. The principles of judicial accountability and INDEPENDENCE underpin the public confidence in the judicial system and the importance of the judiciary as one of the three pillars upon which a responsible government relies.

On the other hand to protect the lawyers who work conscientiously in their chosen occupation there are international instruments requiring all the governments to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (United Nations Basic Principles on the role of lawyer Rule 16). And they also dictate that no contempt proceedings shall be used to restrict legitimate criticism of the performance of the judicial functions – Commonwealth Latimer House principles

Read More

 

Think twice before you vote! 

The town councils, provincial councils and mega town councils hold major importance and are closer to the people than other political institutions that wield authority. Especially our citizens involved in policy making directly interfere with the activities of theses political institutions. These institutions provide many services to the country’s citizens. Some of these services are supplying water, constructing roads, maintaining playgrounds, administrating primary schools, clearing of garbage apart form collecting tax. These institutes also protect and maintain the environment. 

Have the Government authorities done their job here ?

 
2017-12-15

But sadly there have been occasions when the local authorities have avoided their duties. There have also been occasions when these institutes have failed to provide solutions to pollution. Most of these irregularities are linked to people with inadequate educational qualifications assigned to certain posts. 
We need politicians who can spend their own money on election campaigns. 

We must also have a close watch over politicians who become rich overnight. We must check whether they have fulfilled their obligations towards the people. We must watch out for candidates at elections who have track records of being associated with the underworld and have been accused of being cheats. 

There have also been occasions when these institutes have failed to provide solutions to pollution. Most of these irregularities are linked to people with inadequate educational qualifications assigned to certain posts

People who want to be in office must be answerable to the people. They should protect national assets. They must treat people impartially without considering political affiliations and race. They should have track records of having worked in a proper manner. They should have been honest. It’s only then that we can think of them as our true representatives and vote for them. 

We must elect people who have an overall vision. They must not restrict their vision to the province and must think of the country as a whole. It is then only that they can be considered as our real representatives. We should only vote for such people to hold office. 

By G .H. Vishwajith Fernando 
Eastern University —Trincomalee campus

Sri Lanka Joins Global Landmine Ban

Others Should Reconsider Joining Treaty

The Broken Chair, a statue in support of the bans on landmines and cluster munitions, stands outside the United Nations in Geneva.

 2017 Mary Wareham/Human Rights Watch

December 14, 2017 12:00AM EST

(New York) – Sri Lanka joined the international treaty banning antipersonnel landmines on December 13, 2017, Human Rights Watch said today. The action is especially significant because Sri Lanka used antipersonnel mines in the past and has since undertaken an extensive, ongoing mine clearance effort.

“Sri Lanka’s accession should spur other nations that haven’t joined the landmine treaty to take another look at why they want to be associated with such an obsolete, abhorrent weapon,” said Steve Goose, arms director at Human Rights Watch and chair of the International Campaign to Ban Landmines – the group effort behind the 1997 Mine Ban Treaty. “This should spur other countries that haven’t joined the treaty to review their position and address any obstacles to joining it.”

Sri Lanka deposited its instrument of accession to the treaty with the United Nations in New York, becoming the 163rd country to join. The Mine Ban Treaty comprehensively bans antipersonnel landmines, and requires destruction of stockpiles, clearance of mined areas, and assistance to victims of the weapons.

Sri Lanka participated as an observer in the fast-track diplomatic Ottawa Process, which led to the adoption of the Mine Ban Treaty in September 1997, but said it could not sign due to its ongoing conflict with the secessionist Liberation Tigers of Tamil Eelam (LTTE) in the northern and eastern parts of the country. Since then it has expressed its support for the humanitarian objectives of the Mine Ban Treaty and voted in favor of every annual UN General Assembly resolution on it. In December 2015, Sri Lanka announced that it was “seriously considering” joining the Mine Ban Treaty “as a matter of priority” following “a paradigm shift” in policy after the election of a new government in January 2015.

Sri Lanka reports that it has never produced or exported antipersonnel mines. Under the treaty, its stockpiled landmines must be destroyed within the next four years. The Sri Lanka army has acknowledged using antipersonnel mines in the past, while the LTTE produced and used them extensively during the armed conflict, which ended in May 2009.

After Sri Lanka’s accession, three South Asian countries have yet to join the Mine Ban Treaty: India, Pakistan, and Nepal.

Austria will host and preside over the 16th meeting of the states parties to the treaty in Vienna during the week of December 18-21, 2017.

Human Rights Watch is a founding member of the International Campaign to Ban Landmines (ICBL), chairs the US Campaign to Ban Landmines, and serves as ban policy editor for Landmine and Cluster Munition Monitor. The ICBL received the 1997 Nobel Peace Prize, together with its coordinator, Jody Williams, for its efforts to bring about the Mine Ban Treaty and for its contributions to a new international diplomacy based on humanitarian imperatives.

“After deliberating for almost two decades, Sri Lanka ultimately decided to get on the right side of history by relinquishing antipersonnel mines,” Goose said. “With every country that joins the treaty, the norm against these weapons only gets stronger."

3 confirmed racists who were Weerawansa’s top stooges to join Maithri –Maithri’s garbage heap swells !

(Lanka-e-News - 14.Dec.2017, 11.45PM) Three hard core racists – high rung members of Wimal Weerawansa ‘s NFF party joined Maithri’s  SLFP party on the 11 th. They are deputy leader of NFF , Weerakumara Dissanayake , National organizer  Piyasiri Wijenayake , and North Central provincial council member P.B. Kumara . On the 11 th forenoon they accepted the SLFP membership from president Maithripala   Sirisena at latter’s office. It is believed this group joined Maithri when a the   case was filed against Weerawansa in the high court.

Prior to this ,Weerakumara after convening a media briefing declared  , in order to defeat the UNP in 2020  , both Maithri and Rajapakse groups must join .Instead of saying he would  join after accepting the policies of good governance -what was promised by Sirisena to the people on 2015-01-08   , what he indicated on the contrary was  ,  Maithripala Sirisena is the leader most suited for their (outrageous and obnoxious)  racist policies. 

It is to be noted , when the somersault political sultans were pole vaulting into Medamulana Mahinda Rajapakse camp in the past , their main slogan was ‘ we are joining to strengthen  president’s hands’. But now , what is being said by those who are joining with Maithri is ‘ Sirisena is the leader most suitable to them .‘  

Whither good governance ?

(Photograph – courtesy President’s media unit )

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by     (2017-12-14 21:47:41)

LAW OF CRIMINAL PROCEDURE Trials by High Court

By Chandra Tilake Edirisuriya-2017-12-15

The Code of Criminal Procedure Act No. 15 of 1979 in Chapter XVIII deals, generally, with trials by High Court. On by whom trials before the High Court are to be conducted Section 193 lays down that in every trial before the High Court the prosecution shall be conducted by the Attorney General, the Solicitor General, a State Counsel or by some pleader generally or specifically authorized by the Attorney General in that behalf.

On the provision that the Attorney General may withdraw a prosecution and enter nolle prosequi, Section 194 lays down that (1) at any stage of the trial before the High Court under this Code before the return of the verdict the Attorney General may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the indictment or any charge therein, and thereupon all proceedings on such indictment or charge as the case may be against the accused shall be stayed and he shall be discharged of and from the same; (2) the information under this Section may either be oral or in writing under the hand of the Attorney General; and (3) the prosecuting Counsel may with the consent of the presiding Judge at any stage of the trial before the return of the verdict withdraw the indictment or any charge

therein and thereupon all proceedings on such indictment or charge as the case may be against the accused shall be stayed and he shall be discharged of and from the same.

On the duty of the Judge upon receipt of the indictment, Section 195 lays down that upon the indictment being received in the High Court, the Judge of the High Court presiding at the sessions of the High Court holden in the judicial zone where at the trial is to be held shall (a) cause the accused to appear or to be brought before him; (b) cause a copy of the indictment with its annexes to be served on each of the accused who will be tried upon that indictment; (c) inform the accused of the date of the trial; (d) subject to the provisions of Section 403 direct the accused to execute a bond to appear in Court for his trial or by warrant addressed to the superintendent of any prison authorize the detention of the accused pending his trial; (e) cause the accused to be finger-printed and
forward the prints to the Registrar of Finger Prints for examination and report to the prosecuting State Counsel; (e e) if the indictment relates to an offence triable by a jury inquire from the accused whether or not he elects to be tried by a jury; (f) where trial is to be by a jury direct the accused to elect from which of the respective panel of jurors the jury shall be taken for his trial and inform him that he shall be bound by and may be tried according to the election so made; and (g) where the accused on being asked by Court so requests, assign an Attorney-at-Law for his defence.
The Code next deals with a trial by a Judge of the High Court without a jury.

Commencement of Trial

Under the title 'Commencement of Trial' on arraignment of the accused Section 196 lays down that when the Court is ready to commence the trial the accused shall appear or be brought before it and the indictment shall be read and explained to him and he shall be asked whether he is guilty or not guilty of the offence charged.

On the plea of guilty Section 197 lays down that if the accused pleads guilty and it appears to the satisfaction of the Judge that he rightly comprehends the effect of his plea, the plea shall be recorded on the indictment and he may be convicted thereon.

On refusal to plead or plea of not guilty Section 198 lays down that if the accused does not plead or if he pleads not guilty, he shall be tried.

On the requirement for the Counsel to open his case and call witnesses, Section 199 lays down that (1) the trial shall commence by the prosecuting Counsel stating his case to the Court; it has to be mentioned that the prosecution is duty bound to address Court; (2) the witnesses for the prosecution shall then be examined; this consists of examination-in-chief, cross-examination and re-examination; (3) all statements of the accused recorded in the course of the inquiry in the Magistrate's Court, if there had been one, shall be put in and read in evidence before the close of the case for the prosecution;(4) it shall be lawful for the Court to call any witnesses not called by the prosecution if the interests of justice so require but such witnesses should be tendered for cross-examination by the prosecuting Counsel and by the accused; and (5) the accused shall be permitted to cross-examine all witnesses called for the prosecution.

On the provision that the Court may acquit without calling for defence or call for defence Section 200 lays down that (1) when the case for the prosecution is closed, if the Judge wholly discredits the evidence on the part of the prosecution or is of opinion that such evidence fails to establish the commission of the offence charged against the accused in the indictment or of any other offence of which he might be convicted on such indictment, he shall record a verdict of acquittal; if however the Judge considers that there are grounds for proceeding with the trial he shall call upon the accused for his defence; and (2) if the accused or his pleader announces his intention to adduce evidence, the prosecuting Counsel may address the Court a second time in support of his case for the purpose of summing up the evidence against the accused.

On the provision that the accused may make his defence Section 201 lays down that (1) if the accused or his pleader announces his intention to adduce evidence, the accused or his pleader may enter upon his defence and may examine his witnesses (if any) and the accused or his pleader may sum up his case; and (2) the prosecuting Counsel will be entitled to cross-examine all the witnesses called by the defence to testify on oath or affirmation.

Witnesses in rebuttal

On when the prosecuting Counsel is entitled to call witnesses in rebuttal, Section 202 lays down that if any evidence is adduced on behalf of the accused the prosecuting Counsel, may with the leave of the Judge, call witnesses in rebuttal. If the prosecution is taken by surprise, for instance, if the defence of alibi is taken, witnesses in rebuttal may be called.

On the requirement for the Judge to pass judgment Section 203 lays down that when the cases for the prosecution and the defence are concluded, the Judge shall forthwith or within ten days of the conclusion of the trial record a verdict of acquittal or conviction giving his reasons therefor and if the verdict is one of conviction pass sentence on the accused according to law.

Under the head trial by jury before the High Court and sub-head commencement of trial on arraignment of the accused Section 204 lays down that when the Court is ready to commence the trial the accused shall appear or be brought before it and the indictment shall be read and explained to him and he shall be asked whether he is guilty or not guilty of the offence charged. In Samaranayake v Grenier (1957) 58 NLR 424 Sansoni J quoted with approval the statement that "Arraignment is the bringing of a prisoner to the bar of the Court to answer the matter charged against him in the indictment. The arraignment of a prisoner consists of three parts, (1) calling him to the bar and, by holding up his hand or otherwise, making it appear that he is the party indicated. Holding up the hand is a mere ceremony, and is frequently dispensed with, it only being necessary for the prisoner to admit that he is the person specified in the indictment; (2) reading the indictment to him distinctly, so that he may fully understand the charge; and (3) demanding whether he is guilty or not guilty".
On the provision that the plea of guilty may be recorded and the accused convicted thereon, Section 205 lays down that if the accused pleads guilty and it appears to the satisfaction of the Judge that he rightly comprehends the effect of the plea, the plea shall be recorded on the indictment and he may be convicted thereon: Provided that the indictment so pleaded to is one of murder the Judge may refuse to receive the plea and cause the trial to proceed in like manner as if the accused person had pleaded not guilty.

On the refusal to plead Section 206 lays down that if the accused does not plead or if he pleads not guilty or if in the circumstances set out in the proviso to Section 205, the Judge refuses to receive the plea jurors shall be chosen to try the case as hereinafter provided.

Accused pleads not guilty

On when the accused pleads not guilty or is willing to plead guilty to a lesser offence Section 207 lays down that if the accused pleads not guilty but states that he is willing to plead guilty to a lesser offence for which he might have been convicted on that indictment and the prosecuting Counsel is willing to accept such plea, the Judge may if he thinks that the interests of justice will be satisfied by so doing, order such plea of guilty to be recorded and may pass judgment thereon accordingly, and thereupon the accused shall be discharged of the offence laid in the indictment and such discharge shall amount to an acquittal.

Our law makes no special provision for the acceptance of the plea of guilty in regard to a lesser offence, after the jurors have been sworn, says Prof. G.L. Peiris in his work 'Criminal Procedure in Sri Lanla'. Nevertheless, he says, in the case of Dias Appuhamy (1955) 58 NLR 49, Basnayake ACJ delivering the judgment of the Court of Criminal Appeal, stated: "It has been the practice for a considerable length of time to accept a plea of guilty to a lesser offence when tendered in the course of a trial even after the accused has been placed in charge of the jury".

Prof. Peiris goes on to say that the appropriate procedure in this situation was laid down in the case of Sittampalam (1951) 52 NLR 374. This may be summarized as follows: (i)if the prosecution is not prepared to accept the plea of guilty in respect of the lesser offence, the case against the accused should proceed on the whole indictment; (ii) if, on the other hand, prosecution intimates its willingness to accept the plea, the presiding Judge must himself decide whether it would be in the interests of justice for the Court to accept the plea; (iii) if the presiding Judge notwithstanding the prosecution's willingness to accept the plea, decides that it should not be accepted by the Court, the case against the accused must proceed on the whole indictment; (iv) if on the other hand, the Judge considers that the plea may properly be accepted by the Court, he should invite the jury in whose charge the accused has been given after they were empanelled to try the case, to state whether they would accept the plea, and the Judge may inform the jury at this stage of the reasons why acceptance of the plea is recommended by him; and (v) if the jury state that they are willing to return a verdict on that basis, the unqualified admission of guilt of the accused should, if this has not already been done, be recorded in the presence of the Judge and jury, and this admission becomes additional evidence on which the jury may act. The jury should then be directed to pronounce a verdict accordingly.

Corruption and Complicity: Perceptions from across Sri Lanka

RAISA WICKREMATUNGEon 12/15/2017

Discussions around corruption and its prevalence often focus on the highest echelons of power. In Sri Lanka, irregularities around the Central Bank bond issue continue to make the news – with the President most recently extending the term of the Presidential Commission of Inquiry until December 31. Fewer people would think of the Rs 1000 slipped to a policeman during a routine traffic stop – and the vicious cycle it creates. In 2017, the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) received over 2000 complaints, the majority of them corruption-related. Yet, of the cases that went to Court, 42 of the 62 cases filed were related to bribes. Groundviews set out to ask people a simple question: What did the word corruption mean to them? Following on from this, did people recognise their own complicity in corruption when, for instance, paying a bribe? The responses, compiled across Jaffna, Ampara, Colombo, Deniyaya and Maskeliya, illustrated the many forms that corruption could take. In some instances, there was resignation, even a certain wry acknowledgment of complicity, in others, fear, reticence or anger.

View this article, compiled on Adobe Spark, here, or below:

Editor’s Note: Also read “The Crackdown on Corruption” and “Examining Facets of Corruption in Sri Lanka“.

Russia restricts tea supplies from SL after finding beetle

2017-12-15

Russia will place temporary restrictions on imports of all agricultural products from Sri Lanka, including tea, from Dec. 18, the Russian agricultural safety watchdog Rosselkhoznadzor said on Thursday.

The watchdog said it had taken the decision to impose restrictions after it found an insect, known as the Khapra beetle, in the packaging of one consignment of tea from Sri Lanka.

Tea from Sri Lanka accounts for 23 percent of Russia’s tea market, with other supplies come from India, Kenya, China and Vietnam, Ramaz Chanturiya, the head of the Rusteacoffee association, was quoted as saying by RIA news agency.

Members of Rusteacoffee, an association of Russian tea producers, will ask Rosselkhoznadzor to resume tea imports from Sri Lanka but with tougher controls, he added.

Russia imported 141,300 tonnes of tea worth $436 million in the first 10 months of 2017, according to customs data. (Reuters)

2017 a decisive year; what’s in store for 2018?

Friday, 15 December 2017

‘Creating a Shared Future in a Fractured World’ is be the goal of the World Bank and the IMF in 2018.

In the last 12 months the global context has changed dramatically after Donald Trump became President of the United States. Many political issues have re-emerged on multiple fronts with wide-ranging political, economic and social consequences. Russia-USA tensions are no longer just a relic of the Cold War. Economic prosperity and social cohesion are not one and the same. The UN can no longer protect the world unity or heal itself.

Chinese President Xi Jinping greeting Prime Minister Ranil Wickremesinghe in Davos in 2017. China is key to our future economic prosperity, managing that relationship requires skill and maturity

Politically, new and divisive narratives are transforming governance. Economically, policies are being formulated to preserve the benefits of global integration while limiting shared obligations such as sustainable development, inclusive growth and managing the Fourth Industrial Revolution. Globally, citizens yearn for responsive leadership; yet, a collective purpose remains elusive despite ever-expanding social and political networks.

All the while, the social contract between states, religious institutions and their citizens continues to erode. Therefore religious leaders are looking to rededicate leaders from all walks of life to develop a shared narrative to improve the state of the world.

Given Donald Trump’s ‘belligerent’ approach to North Korea the risks posed to global economy should not be ignored. High asset prices, rapid credit growth in China, political turmoil in Catalonia and a cliff-edge Brexit are key risks to an improving global outlook.

The International Monetary Fund has also said the global economy’s recent recovery may not last, despite a pickup in activity in all western countries, except the UK. Therefore for many emerging markets, 2018 would be a very decisive year.

For Sri Lanka, given the tough oversees economic outlook and the huge debt portfolio, it’s either a saga of gloom or bloom, but from a more realistic view for Sri Lanka, it could be a balance of the two. What happens inside Sri Lanka between now and June will really determine the future direction of Sri Lanka for the next five years.

2018 outlook

Sri Lanka in 2018 needs to arrest the trend of lower foreign investment, slow growth in manufacturing, declining exports, a large trade deficit, balance of payments difficulties and low foreign exchange reserves. We will be compelled to borrow from foreign sources to repay our foreign debt obligations. According to banking sources interest rates are expected to largely remain at current levels, a corresponding drop in demand for credit in the private sector is therefore expected.

In addition to the challenges on the financial sector, the slowdown in credit activity for construction is expected, and with Sri Lanka poised to become a regional and an international services hub, there would be new opportunities for public-private partnerships. A continued high-interest environment may also spark a rise in bad debt, with an increase risk in commercial real estate financing and consumer housing loans. We would certainly see new life and general buoyancy in capital markets if the regulators can get the right balance.

Sri Lanka’s annual growth pace is expected to pick up from the previous year, boosted by services, stronger manufacturing activity, agricultural growth and a pickup in domestic demand. However, like other South Asian countries, Sri Lanka too is vulnerable to political developments in the Middle East, given the reliance of South Asia on imported crude oil and employment.

Private sector

As Sri Lankan enterprises improve their governance structures, risk and compliance policies and practices, they will be better positioned to seek alternative sources of funding overseas. Easier access to capital abroad will increase competitive pressure in the domestic banking sector.

Furthermore, in light of the move to create an enabling environment for business to create larger and stronger institutions that are well-capitalised, with strong regional presence, the private sector would derive scale benefits with regard to operational cost and also be able to participate in large projects to a greater degree than now.

Challenge for Sri Lanka

The big political challenge for Sri Lanka in 2018 is when Sri Lanka returns to Geneva to answer for ‘collateral damage’ which unfortunately is the futile aspect of war, the other big challenge Sri Lanka is faced with is significant revenue shortfalls.

However, with all the cards in his hand the President and also the Prime Minister together should not let lesser ideals stop Sri Lanka becoming the great new entrepot of the Asia Pacific in its own right with many Western nations now standing steadfastly on our side; moreover, given the Chinese involvement in the Hambantota Port and Industrial Park and India taking over the Mattala Airport.

Then one of the biggest concerns for the world economy is that the Chinese bubble has begun to pop. The Chinese economy that grew by an extraordinary amount over the past few decades is slowing down, it is only a matter of time before China starts tightening its belt for Overseas Development Aid (ODA). Therefore, if the Chinese economy looks inward, the troubles persist in Europe, and if Trump decides to strike, it is very likely to drag the rest of the world down.

In addition, turmoil in the Middle East could adversely affected many developing countries which depend on worker remittance. So countries like Sri Lanka would need to look elsewhere for low cost capital to fund their mega infrastructure development projects and to export.

Therefore all the stakeholders must get together at the start of the year, to ensure targeted structural reforms are in place to attract foreign direct investment and expand the economy’s capacity to absorb new technology. And certainly export manufacturing can re-shape the economy in 2018.

(The writer is a thought leader.)

Flower bud falls into the filthy mud even before blossoming..! 6 nominations rejected..!!

(Lanka-e-News - 15.Dec.2017, 6.00PM)  The flower bud party of Rajapakses (a byword for corruption), was rejected in respect of 3  local councils and 3  pradeshiya sabhas thereby confirming the much hyped flower bud has fallen into the filthy mud (the only place it deserves! ) long before it blossomed, and is only another stupid  family affair.

When the flower bud party forwarded its nominations for elections  in respect of Maharagama  , Weligama and Panadura Municipal councils ; and Badulla , Mahiyangana and Agalawatte pradeshiya sabhas they were rejected by the election officers.

The rejection was based on the following grounds:
The number of female candidates not duly included.
Signatures of the candidates not duly placed.
The genders - male and female not properly indicated 

And the individual named by the party not handing over the nomination

The foolish Flower bud party even before it could blossom proved what idiots and imbeciles are ruling the roost in that party when they could not abide by  simple  basic conditions stipulated in the  nomination paper.

Ajith P.Perera the permanent representative of the UNP in relation to elections in connection with this blunder had this to say, ‘ how can you entrust the local body and pradeshiya sabha to a party that does not even know to fill a simple nomination paper ?’

Meanwhile the nomination papers submitted by the SLFP for Dehiyatakandiya and Padiyathalawa pradeshiya sabhas too were rejected based on several  reasons.  

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by     (2017-12-15 13:36:11)

NO CONTRACT, GOTA CAN’T PAY BACK - AG

The D.A. Rajapaksa Museum and Memorial in Medamulana.

Lakmal Sooriyagoda-Saturday, December 16, 2017

The Attorney General yesterday informed the Court of Appeal that there has been no written or oral contracts entered into by the Land Reclamation and Development Corporation and the D.A. Rajapaksa Foundation for the construction of the D.A. Rajapaksa Museum and Memorial in Medamulana.

Senior Deputy Solicitor General Viraj Dayaratne appearing on behalf of the Attorney General said the then Navy Commander had given a statement stating that Gotabhaya Rajapaksa by a telephone call requested him to release Navy personnel to provide labour.

“There is no contract in writing. There is not even a verbal contract. Therefore, there is no undertaking to pay back the funds,” Dayaratne said.

The Senior Deputy Solicitor General requested to vacate the Interim Order challenging the maintainability of the of the writ petition. He said former Defence Secretary Gotabhaya Rajapaksa was challenging a document which had been filed two years ago. ‘The certificate issued by an ASP in terms of Public Property Act has been filed two years ago (2015). The undue delay is a ground to refuse this application. This is an application,the court should not entertain due to the delay. There has been no violation of law either on the part of the Attorney General or FCID,’ he further added.

Senior Deputy Solicitor General further said that the D.A.Rajapaksa Foundation voluntarily agreed to pay Rs.33 million in August, 2015, after the police commenced their investigations in May 2015.

He further said investigations also revealed that the D.A. Rajapaksa Foundation is not a Statutory Board.

President’s Counsel Romesh de Silva appearing for the former Defence Secretary stated that there is no criminal aspect to this case. ‘There was a civil contract from the beginning to the end. There is no wrongful act committed by Rajapaksa. There is no criminality in this case,’ de Silva added.

Finally he sought Court jurisdiction to extend the Interim Order until the next inquiry date. Further inquiry was fixed for January 25.

The Court of Appeal (CA) yesterday further extended until January 25, its Interim Order preventing police from acting against former Defence Secretary Gotabhaya Rajapaksa under the Public Property Act regarding a Magistrate’s Court inquiry.

The CA extended this Interim Order preventing police from acting under the Public Property Act against Rajapaksa, on the Galle Magistrate’s Court inquiry over a complaint that the D.A. Rajapaksa Museum and Memorial in Medamulana was built using public funds amounting to Rs.90 million.

On November 29, the Interim Order was issued on the basis of an ex parte proceeding by a two-judge-bench comprising Court of Appeal (President) Justice L.T.B. Dehideniya and Justice Shiran Gunaratne. This is pursuant to a writ petition filed by Gotabhaya Rajapaksa.

The Court upheld Rajapaksa’s version that the certificate issued under section 8(1) of the offences against the Public Property Act is ultra vires or violative of his legitimate expectations.

Rajapaksa cited IGP Pujith Jayasundara, CID Director Shani Abeysekara, FCID Director Ravi Waidyalankara and the Attorney General as respondents.

Rajapaksa also seeks an order in the nature of a writ of prohibition preventing the respondents from proceeding or relying upon the certificate filed under and in terms of section 8(1) of the offences against the Public Property Act against him.

Rajapaksa maintained that the offences against the Public Property Act contains a provision in section 8(1) as amended where, upon the certification by a Police Officer that the value of the matter exceeds Rs. 25,000, it will not be competent for the magistrate’s court unless in exceptional circumstances to release such a person on bail after recording reasons.

Rajapaksa stated that one such method was to say that there was a criminal offence committed by Rajapaksa regarding monies belonging to the Sri Lanka Land Reclamation and Development Board (SLLRDC).

Rajapaksa stated that recently he was informed that he is to be arrested. He further said that originally the proceedings reflect a possible charge of money laundering. He stated that there is no offence whatever in respect of the said matter.

He states that the D.A Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Land Reclamation Department for the construction of a monument at Medamulana in Weeraketiya. Rajapaksa states that there was no written contract.

He stated that, at all times the petitioner, the Foundation and SLLRDC acted on the basis that there was a contract between the SLLRDC and the foundation and that the foundation would pay to the SLLRDC lawfully due for the construction of the monument.

He states that the monument was unveiled on or about November 6, 2014 though not complete, because that was the death anniversary of the late D.A. Rajapakse.

The petitioner states that the government changed in January 2015 and the Sri Lanka Land Reclamation Board came under the Megalopolis Ministry, under Minister Patali Champaka Ranawaka.

In August of 2015, the Foundation received a request for a part payment which the Foundation paid. The petitioner pleads that thereafter he received a letter of demand. The petitioner states that the said Attorney, who sent the letter has on several occasions acted for and on behalf of the Minister Patali Champaka Ranawaka. 

‘The mistress when angry would hit me with anything’

The story of Kanchana who went  to Saudi because she was poor

2017-12-16

A mother who left for Saudi from her home in Galewela in search of a good source of income has
After her arrival at home from abroad on Saturday (18)her husband Saman Kumara Bandara was preparing to take her to hospital when we visited them.   
W.D. Kanchana Kumari (33), a mother of the then four-year-old child left for Saudi on September 5, 2016 through a job agency in Kurunegala on faked documents prepared by the agency for her.   

returned to the country not only empty handed but with many injuries sustained after been beaten by her employers during her three months’ service as house-maid in Damam, Saudi Arabia. 

In Saudi she had been employed in domestic service in Damam. For this period she had not been paid a salary but given basic food and scant clothing,  harassed and beaten.   
She was still suffering from pain from cuts and bruises that were the result of the assaults she underwent while in Saudi Arabia. Still there were  severe wounds on her legs and back and she is unable to walk;  only limped.   
She was able to return when her husband and relations made complaints about the harassment she was facing in Saudi.   
Finally one day, her employer had dumped her at the airport wearing only in piece of black cloth. She had not been paid for her services either. However she had received a skirt and blouse to wear from a Sri Lankan woman at the airport.   

Her husband Saman Kumara said she was so weak physically and was suffering mentally and that she needed immediate relief.   
W.M. Muthumenika her mother- in- law said the pretty looking daughter who left for Saudi happily was fortunate to have been able to return home.   
Kanchana disclosed the painful happening she experienced in Saudi, the country through  which she expected solutions to the burning economical problems of her family.   
“I had the chance to go to Saudi Arabia through a Job Agency in Kurunegala with the assistance of an uncle. Then my daughter was only four years old. However this hurdle was overcome as the agency provided me with faked documents for a payment
of Rs.25,000.   

In Saudi I worked two months without any problems. But they started when I asked for my wages after two months. The mistress of the house was very cruel. When angry she would hit me with anything in sight’ She crushed my nails and fingers and often beat me on my head with iron spoons; there are some injuries on my head even today. Once they hit me on my face and I nearly lost my sight because of it. Often I was left to stay hungry and thirsty. Whenever I ask for food they pushed me to the ground and trampled my abdomen. I was often beaten by both the master and the mistress of the house. There had been another Sri Lankan woman working in this house before me and nobody knows what had happened to her.”  

“When I wanted to phone home they get my mother’s number and threaten me with a knife to tell them I was treated well and living happily. I could not tell them the real situation I was in. Later I was not allowed to talk to my mother; instead the madam began to speak to my mother directly as my mother  had some knowledge of their language. However my mother had sensed something bad was happening to me and had informed the job agency and arranged to bring me back to Sri Lanka through the Foreign Employment Bureau and
the Embassy.   

She said the employer had paid for her air ticket but that she was not paid her wages.   
“They removed my clothes and gave me a black cloak and dumped me at the airport even without a pair of slippers.” Kanchana said.   
Two Sri Lankan women had given her a skirt and a blouse and slippers to wear. When asked about this incident the head of Uni-Lanka Job Agency in Kurunegala, Mohamed Nawaz said he was unable to tell anything without perusing the relevant documents.

Call to probe Lanka’s trade with Singapore and UAE for black money transactions

Friday, 15 December 2017

Sri Lankan economist Dr. Muttukrishna Sarvananthan has called for a probe into the financing of the substantial trade between Sri Lanka and countries like Singapore and the UAE, to check possible black money transactions.

Sri Lanka’s trade with Singapore averaged $ 1,373 million per annum between 2012 and 2016. With the UAE, bilateral trade averaged $ 1,298 million per annum in the same period. With Japan it was $ 900 million per annum. Along with China and India, these were the three largest sources of imports into Sri Lanka.

But while trade with India is subjected to severe criticism for the deficit it shows (soon the deficit with China will also come in for flak), little or no attention is given to trade with Singapore and the UAE and the yawning deficit it shows, even though it is in these countries that Sri Lankan crony capitalists keep their black money to be turned white through trade financing, Sarvananthan points out in a recent paper.

“While too much noise is being made by certain businesses and, of course, certain politicians about the growing trade deficit with India (China could be also bashed in the not-so-distant future), there is not much discussion about the imports from Singapore and the United Arab Emirates (UAE).

“Singapore has been the second largest source of imports after India for a long period of time. However, the rapidly growing imports from UAE is only about a decade long with the ascendancy of the Rajapaksa regime in 2005.

“To begin with, Singapore and UAE are not producers of most items imported into Sri Lanka. However, many importers in Sri Lanka source their imports from Singapore and UAE because bulk of the black monies of Sri Lankan businesses, rich individual citizens, and of course politicians, is stashed away in secure bank accounts in these two countries. It is these black monies that are whitened for the import trade into Sri Lanka.

“Moreover, the informal foreign currency market is also extensively used by importers of goods from Singapore and UAE into Sri Lanka. Traditionally, crony businesses, individuals, and politicians aligned with the United National Party (UNP) have used Singapore to store their ill-gotten money and wealth. In the last 12 years, crony businesses, individuals, and politicians aligned with the Sri Lanka Freedom Party (SLFP) have effectively used UAE to store their ill-gotten money and wealth.

“Therefore, businesses and politicians in Sri Lanka instead of crying foul about the growing trade deficit with India (and China), should request the government to investigate the sources of financing of the ever growing imports from Singapore and the UAE, which would pay rich dividends towards combating corruption and taming the black economy of Sri Lanka and their inextricable entanglement with the governance of this country,” Sarvananthan points out.

China overtook in 2016 

India had been Sri Lanka’s single largest trading partner for decades. But in 2016, it yielded that place to China, Sarvananthan points out.

He attributes it to massive imports from China for the Chinese-funded infrastructure projects. However, India is still a close second, he adds.

The total value of trade between Sri Lanka and China amounted to $ 4,426 (imports from China $4,215 million + exports to China $211 million) in 2016. In the same period, the total value of trade between Sri Lanka and India was $ 4,369 million (imports from India $3,815 million + exports to India $ 554 million).

As a corollary, Sri Lanka’s trade “deficit” with China is the single largest; amounting to $ 4,004 million in 2016, followed by with India amounting to $ 3,261 million in 2016.

The trade deficit of Sri Lanka with China is expected to continue to rise in the next decade and beyond because of large scale public investments by the Chinese State-owned companies such as the China Harbour Engineering Company Ltd (CHEC), China State Construction Engineering Corporation (CSCEC).

The CHEC is financing and undertaking the construction of the Colombo International Financial City/Centre (CIFC, which was formerly known as the Colombo Port City) by reclaiming land (269 hectares or 660 acres) from the sea by the southern side of the Colombo port.

This is the single largest Foreign Direct Investment (FDI) Sri Lanka has ever received. This mega infrastructure project is expected to cost about $ 1.4 billion US dollars and expected to attract $ 13 billion worth of investments over the 30-year period of the project cycle.

The bulk of the machinery, hardware, and raw materials for the aforementioned mega projects are imported from China. Moreover, substantial number of technical, skilled, and unskilled labor for these projects are also from China.

A total of $ 3.75 billion worth of loans have been disbursed by China to Sri Lanka between 2010 and 2014. China has hardly given grants to Sri Lanka, to date.
India
Similarly, imports from India include goods imported for the Government of India-funded infrastructure and other projects across the country. India has provided total grants worth over $ 200 million between 2010 and 2014 and over $ 1 billion as loans between 2005 and 2014.

Roughly around 70% of Indian aid to Sri Lanka are loans, and around 30% outright grants in recent years (2010-2016). The former are repayable but the latter are not.
China
China accounts for just 1.8% of the total exports of Sri Lanka during 2012-2016 (10th largest destination).

China emerged as the single largest source of imports to Sri Lanka in 2016 accounting for 21.7% of the total imports of Sri Lanka worth $ 4,215 million. On average, for the five-year period 2012-2016, annual imports from China amounted to $ 3,408 million accounting for almost 18% of the total imports of Sri Lanka.

India was the single largest source of imports to Sri Lanka during the five-year period between 2012 and 2016, averaging $ 3,783 million per annum, accounting for almost 20% of the total imports of Sri Lanka.

But in 2016, India was relegated to the second position (after China) in terms of the source of imports accounting for19.7% of the total imports of Sri Lanka amounting to $ 3,815 million.
Competitiveness
Sri Lanka has had trade deficit with India ever since independence. It has been increasing in absolute terms since 1977. The ever-growing trade deficit with India has been an irritant in Indo-Lanka relations in the same way as India’s relations with other South Asian countries have been.

According to Sarvananthan, studies on Indo-Lanka trade have shown that India is the main/major source of goods that are imported to Sri Lanka because it is more competitive (least cost) than other sources.

FDI

According to the latest official figures put out by the Sri Lankan Board of Investment (BOI), the total FDI coming into Sri Lanka from China (including Hong Kong) accounted for around 35%, to date, while India accounted for 16.4%, and Singapore 9.3%.

The BOI expects a total FDI of $ 1.36 billion by the end of 2017.

Confronting Israel with stones and courage

Israeli soldiers detain a Palestinian man while on patrol in Gaza during the first intifada.Patrick RobertCorbis

Rami Almeghari-14 December 2017

The people of Gaza took pride in confronting their occupier during the first intifada.

Around noon each day, young men would gather at the entrance of Maghazi refugee camp. When an Israeli tank passed, they would pelt it with stones.

Israel responded by using cannons that were capable of firing the rocks back at the camp’s residents. But the young men kept on resisting.

Amin Abu Mandeel, a resident of Maghazi in central Gaza, recalled how he used to fill bottles with urine and excrement and then hurl them at Israeli soldiers.

When Israel imposed a curfew on the camp, Abu Mandeel and some other youth hid on nearby farmland. After they managed to throw stones at Israeli soldiers, the youth would flee into an orchard and take cover amid its trees.

“We were defying them, as much as we could,” said Abu Mandeel.
The first intifada broke out 30 years ago this month. It erupted in Gaza before spreading to other parts of Palestine.

Muhammad Ali Ismail – also living in Maghazi – lost his father, Ali, in the incident that catalyzed the uprising.

Ali was one of four Palestinians killed when an Israeli truck crashed into two cars.
It was widely believed among Palestinians that the collision was deliberate.

“I feel so proud that my father was one of the first martyrs,” said Muhammad.

Backdrop of brutality

The incident took place against a backdrop of brutality. Earlier in 1987, for example, an official Israeli commission authorized the use of “physical pressure” – a euphemism for torture – on detainees.

In early October of that year, schoolchildren and university students in Gaza had gone on strike to protest at how Israel killed three people near al-Bureij refugee camp. The protest was attacked by Israeli forces.

Similar demonstrations were held in the West Bank, including East Jerusalem. For example, a general strike was called when George Shultz, then US secretary of state, visited Jerusalem in October that year.

On 29 November 1987 – the international day of solidarity with the Palestinian people – Israel shot protesters in both Gaza and the West Bank. A number of young people were also shot two days later during protests in the Khan Younis area of Gaza.

Despite being a child, Muhammad helped the uprising. During its later stages, he was assigned by young men to monitor the whereabouts of Israeli soldiers.

On one occasion, he was stopped by Israeli troops. “A soldier asked me why I was in the street,” he said. “By then, my mother had come over and rescued me from the soldier.”

Community spirit

Wasif Abu Mashayikh, another resident of Maghazi, noted the strong community spirit that was evident during the intifada. Examples of cooperation ranged from providing food and drink to those involved to rallying around the families of people killed by the Israeli military.

“All forms of enjoyment would be halted – including wedding parties – when someone was killed,” he said. “That is how solidarity was shown to people who were killed or wounded.”

Muhammad Abu Sisi, who lives in Jabaliya refugee camp, north of Gaza City, recalled that news traveled fast of the collision on 8 December 1987.

“The next day all schoolchildren in the area came out to protest around the Israeli military posts,” he said.

His brother Hatim was one of the first young people killed by Israeli troops during the intifada. “He was hit by a live bullet right in his chest,” Muhammad said.

The ceremonies paying tribute to Hatim lasted for many days. The Israeli military “tried to force us to wrap them up,” Muhammad said. “Apparently, they wanted to contain our anger.”

If that was the military’s intention, then its efforts failed. Daily confrontations against Israeli soldiers continued, even when young Palestinians were killed and seriously wounded.

Many people in Gaza displayed great courage during the uprising.

Latifa al-Taluli – also known as Um Suhail – lives in the center of Jabaliya camp. Confrontations between local youth and the Israeli army often took place next to her home.

When one young man was captured, she and a neighboring woman “snatched him back off the Israeli soldiers,” she said.

“We had an important role,” she added. “If we wanted to help rescue a young man, we would pretend that he was our son.”

More than 1,000 Palestinians were killed by Israeli forces between 1987 and the signing of the Oslo accords in 1993. At times during the intifada, more than 200,000 people in Gaza and 1 million in the West Bank were placed under total curfew.

On a positive note, the first intifada exemplified the resourcefulness of Palestinians. With schools and universities closed, communities organized their own classes in homes and houses of worship, undeterred by Israel’s violent efforts to thwart such gatherings.

By confronting Israel with little more than stones and courage, Palestinians made the outside world aware of their struggle for justice and equality. The widespread protests witnessed in response to last week’s announcement by Donald Trump, the US president, on Jerusalem underscore how that struggle is still very much alive.

Rami Almeghari is a journalist and university lecturer based in the Gaza Strip.