LASANTHA WICKREMATUNGE MURDER INVESTIGATION: FAILURE IS UNACCEPTABLE – MEDIA MINISTER

By Mangla Samaraweera.-09/01/2018


8 January 2018, marks the ninth anniversary of one of the most heinous crimes ever committed against Sri Lanka’s constitutionally guaranteed right to freedom of expression. It was nine years ago, today, at 10:45 a.m. that I received the news that Lasantha Wickrematunge, the fearless editor of The Sunday Leader, and my dear friend, had been ambushed and attacked as he drove to work. A few hours later when Lasantha succumbed to his injuries, Sri Lanka lost one of the most enigmatic and courageous journalists that the world had ever known.

In the aftermath of this cowardly assassination, the media, legal fraternity, civil society and the political opposition parties joined together as one, demanding justice for Lasantha by way of a thorough and impartial investigation and condemning those who gave aid, comfort and shelter to his killers. For six years, we struggled in vain, until on 8 January 2015, the people of Sri Lanka threw out the Rajapaksa regime and placed their faith in the Unity Government led by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe.

Our moral and civic duty to demand justice for Lasantha has been replaced with the responsibility for delivering that justice, by enabling and ensuring a thorough and impeccably independent police investigation, led by the officers of the Criminal Investigation Department. This investigation has already exposed the intricacy of the measures taken by the previous regime to cover up the murder. From the false cause of death in the original post-mortem report to the irregular transfer of the investigation away from the CID, and the death of a key witness-turned-suspect in custody, it is clear that no stone was left unturned.

Despite these and whatever obstacles come before us, this Government is committed to providing the CID and the Attorney General’s Department with whatever resources and support they require to indict and convict those who committed, aided and instigated Lasantha’s murder. Failure is unacceptable. This is a debt of honour that we owe not just to Lasantha and his family, but also to the citizens of Sri Lanka, who have been deprived of one of the foremost champions of their democracy.

Today, I call upon all media institutions, the legal fraternity, private sector and civil society organisations, once again to unite with us in rendering all possible aid to the police in this investigation, by seeking out and volunteering relevant information, identifying and safeguarding possible witnesses and responding to any requests promptly and thoroughly. Only by the conviction in a court of law of those responsible for this insoluble bloodstain in our national history can we honour Lasantha’s sacrifice.

Dignity burned to a cinder

Wednesday, January 10, 2018

During the height of party’s internal crisis; and after being prematurely thrown out of power by Chandrika Kumaratunga, leading to an electoral loss in early April, the United National Party decided to hold its the May Day celebrations in Jaffna in 2004.

Chief Opposition Whip John Amaratunga in a statement on April 23, stated, “The government plans to disrupt the Joint Opposition May Day rally in Jaffna,”

The statement further said; “the government and its friendly forces within the UNP have been working to see that the Jaffna rally would not be successful,” and that “the party was determined to make it otherwise.” What sort of dismal depths, a dominant political might in the country can be fallen to; for a senior stalwart to declare: “Government friendly forces within their party.”


However, the truth remained that, being incapable of facing the mainstream membership of which the majority are supporters of the ‘anti-leader’ faction, the leader and his inner circle planned an ‘excursion’ to the North, seeking the assistance of the Tamil National Alliance. John Amarathunga added that “other parties had pledged their participation.” He did not substantiate his claim by naming them. Presumably, they were, the Dr Wickramabahu group, Sirithunga, Manamendra, and Mujibarr Rahaman group, who’s participatory strengths were well understood.

Premadasa Commemoration rally

As reported in the media, the anti-leader faction was having on their own a Premadasa Commemoration rally in Colombo which falls on May 1 too, in the afternoon on May 1, a deviation from the usual morning ceremony held every year; and their unusual rush for sophisticated arrangements organised well ahead of time, all adding up to the doubt created in the minds of the public on their motives and covert agenda as well. They said it is nothing but an act of destruction to the Party that the leader and the deputy have indulged in; it was against not only the ‘Grand Old Party’ but the nation as a whole; they, in fact, saw the unfortunate act as a creation of two separate states with Colombo and Jaffna as capitals.

Worse, their actions provided a ‘free-hand’ to the CBK-Mahinda government to continue their ‘picnic’ at the cost of the nation.

Amarathunga’s statement further stated that the UNP has made arrangements to ensure the participation of 100 supporters from each electorate. Leaving the north and east out, there were approximately 120 electorates, making it a total of 12,000 people. The ideal, the organisers thought was to have a special train leaving Polgahawela.

The government supporters used the opportunity to remind them that their leader can commemorate the UNP governments ‘great excursion of 1981’ to ‘conduct’ the Jaffna DC elections, which was carried out under the supervision of two senior ministers and the then leader.

The 1981 drama contemptuously called ‘They came from Colombo’, left half of the Northern city in flames, Jaffna TULF MP Yogeswaran’s house was torched. Biblioclasm in one of Asia’s best libraries with 96,000 books and ancient manuscripts, disruption and rigging of DC elections with ballot boxes finding their way to the Subash Hotel. Just the main parts of the drama or atrocities committed by the Police, assisted by the trainload of state-sponsored Sinhala hooligans from South.

Hence, the move to visit the Northern city was hailed by many as one of the current leaders thought-provoking and progressive acts and an ideal opportunity for the UNP and Party leader to make a belated confession before the people of this nation on behalf of his former seniors giving into narrow and traditional mindsets. Perhaps he wanted to do it from the very place the past leaders committed the crime years ago.

Rational thinking politicians

Let me quote here just two excerpts, out of a long list, for lack of space; which the present leadership of not only the UNP but all other rational thinking politicians could take serious note of.

1. President J R Jayewardene was interviewed by S. Venkat Narayan, senior editor India Today on Sep 15, 1981 – as reported on its page 18.

Narayan— “In Jaffna, people are very upset. Policemen set fire to the library and burnt 96,000 books. They also set fire to a TULF MP’s house.”

JRJ — “That’s because they think he is in touch with the terrorists.”

Narayan — “It seems they were trying to catch him (the MP) so they could kill him.
JRJ — “Terrorists do that too.”

2. Parliamentary Debates June 9, 1981, Hansard-Col. 155-156.


V. Yogeswaran – MP Jaffna:-- Mr Deputy Speaker, I was telling this house about the incidents of the 31st …..I could see the flicker of flames from the bazaar area. My wife told me, “I think they will attack our house.” I was an MP who was elected by the people and lived with them. I tried to contact the District Minister…. told his secretary, that the police are burning some portions of the town.” (Laughter - government benches).

“Mr Deputy Speaker, while they are laughing the whole world is laughing at them! You have burnt a part of the great city and you show nothing but your derisive laughter! Those who read this Hansard will look down upon you.”

National Integration and Reconciliation Week-
Last year the Cabinet of Ministers declared this week, from January 8 to the 14, as ‘National Integration and Reconciliation Week’ to coincide with the second anniversary of the Presidential election of January 8, 2015, and this was the first occasion on which this annual National Integration and Reconciliation Week was observed in Sri Lanka.

One of the main features of this Observance, a Pledge for National Integration and Reconciliation was read out on January 9th in schools and state institutions including in Parliament, -“resolving to work together, hand in hand, while respecting the richness of our diversity, to foster peace, understanding, mutual trust, and brotherhood; a new Sri Lanka united in its diversity.”

Although the 30-year war ended in May 2009, the healing of wounds of over three decades of conflict, achieving national integration, reconciliation, catching up on economic development and development that got away from us due to conflict, and guaranteeing of non-recurrence, remain challenging responsibilities for our Nation.

Making Journalism Great Again

Jan 9, 2018 ALEXANDRA BORCHARDT

So long as social media companies optimize for advertising revenue, their algorithms will tend to reward the extremes, and reputable news organizations will waste valuable resources battling disinformation. A better approach would be to make news less boring.

OXFORD – In the debate over the future of journalism, “fake news” has taken center stage, with storylines featuring a ranting American president, Russian communication “bots,” and betrayal and subterfuge competing for public attention. But in an era of diminishing profits and shrinking audiences, is fake news really the biggest threat that traditional media face?

In a news environment increasingly prone to hyperventilation, it can be difficult to separate fact from fabricated or deliberately skewed content shared via social media. The proliferation of “bots” – computer programs that automatically spread disinformation – has blurred these lines further. And as the methods of manipulation multiply, the problem is only likely to worsen.

And yet the near-constant focus on fake news has distracted many in the industry from more serious challenges confronting professional journalism. The erosion of business models and growing dependence on third-party digital distributors – like Facebook and Google – have handcuffed news organizations and cut deeply into their profits. Worse, audiences no longer trust the information presented to them. This suggests that the problem is bigger than fake news.

In fact, large, traditional, or legacy media organizations still trump social media as trusted sources. As the Reuters Institute for the Study of Journalism’s Digital News Report 2017 revealed, 40% of news consumers say that established media organizations – The New York Times, for example – accurately differentiate fact from fiction. For social media, this share is only 24%.

But this also means that 60% of news consumers regard the legacy media as being careless with facts. That statistic alone should be a cause for grave concern to everyone in the industry.

According to the report – which surveyed some 70,000 Internet users in 36 countries – 29% of respondents said they were avoiding news altogether. For many, this was either because producers’ preference for negative stories put them in a bad mood, or because they viewed the reporting as politically slanted and therefore untrustworthy.

Without trust, there is no audience; and without an audience, there is no business. If the survey’s results are representative of broader trends, one of the world’s most important pillars of democracy – a free and open press – is in jeopardy.

Perhaps this should come as no surprise. In the digital era, trust deficits have affected most major institutions, from political parties and big companies to religious organizations and universities. This could be a sign of a more informed and critical citizenry; or, more likely, it could be a response to feeling overwhelmed by choice and powerless in a complex world.

But what has changed for news organizations is that, thanks to social media, they no longer have a monopoly on holding the powerful to account. On the contrary, they have come to be identified with the powerful – part of a media-business-political elite divorced from the concerns of ordinary people. Having become a target of popular anger, journalism will need to “disrupt” itself to regain credibility and restore audiences’ trust.

To this end, media organizations should take at least six steps. For starters, news outlets must set their own agendas, rather than wasting resources on pursuing someone else’s. The international investigation that led to the Panama Papers and the Paradise Papers are brilliant examples of journalism that is relevant and interesting – two fundamental criteria that all reporting should meet.

Second, reporters have a responsibility to their audiences to analyze what powerful actors are doing, rather than what they are saying. As the Washington Post’s media columnist Margaret Sullivan recently observed, coverage of US President Donald Trump has focused narrowly on his words, at the expense of his policy.

Third, the media must become better listeners. Journalists’ distinction between “reporting” and “reporting on the ground” highlights the reality that a sizable proportion of newsroom staff never leave their desks. Journalists don’t necessarily do this by choice; many are glued to their screens because their companies lack resources, or force them to follow and report on twitter feeds. In a sense, reporters’ behavior is merely a symptom of an editorial pathology.

Fourth, news organizations must engage audiences – talking to them, not down to them. Very often, the news cycle is driven by assumptions about what viewers or readers might like, rather than what they actually want. Diversity in a newsroom is vital to broadening the relevance of its coverage.

Fifth, in the rush to experiment with new forms of storytelling, some media companies are forgetting their mission. News outlets should forego expensive, flashy projects if they do little to further audiences’ understanding of a story.

Finally, rebuilding trust will require a new definition of news itself. When audiences feel overwhelmed by information and complexity, the response can be to tune out. The media must give people a reason to tune back in. (One example: positive news is dramatically undervalued in today’s media environment.)

If traditional media outlets allow themselves to be defined by the fake-news debate, they, too, will be overwhelmed. So long as social media companies optimize for advertising revenue, their algorithms will tend to reward the extremes, and news organizations will waste valuable resources battling disinformation.

A better approach would be to make news less boring. Reputable media companies have always sought to capitalize on facts: the scoop, the exclusive interview, the probing investigation. Truth, like trust, is a commodity. The future of the industry depends on getting better at producing it.

ALEXANDRA BORCHARDT

Alexandra Borchardt is Director of Strategic Development at the Reuters Institute for the Study of Journalism.

We never obtain votes by duping the public

  

In the series ‘Direct Talk’ we feature COPE Chairman Sunil Handunnetti where he airs his views on the latest developments connected with the Bond Commission Report. Following are excerpts of theinterview done with Handunetti. 
Q An investigation into the Bond Scam was conducted by the COPE headed by you. The report on the Presidential Commission has also been released. Do you see any contradictions in these two reports?   

2018-01-10

No there is no difference between the COPE report released by me and the latest report. It has only elaborated on the COPE report. In my report I stated that Arjuna Mahendran is solely responsible for this transaction and the relevant company had earned undue profits. I requested that these should be taken over again and that the culprits responsible for this be punished. All these directives are mentioned in my report. Therefore there are no contradictions. Now what remains is legal action to be taken. The report I handed over is similar to a decision made by an umpire in a cricket match. The third umpire now has to give his ruling.

We never obtain votes by duping the public.docx by Thavam on Scribd

Fault Lines: precarious lives in Spring Valley’s estates

PASAN JAYASINGHE AND AMALINI DE SAYRAH-01/09/2018

Spring Valley is one of the coldest places in the Uva Province. Located in the Hali Ela administrative division close to the foot of the Namunukula mountains, this hilly terrain, which is nearly 1,200 meters above sea level, is dangerously vulnerable to the elements.

The National Building Research Organisation (NBRO) has identified nearly half of the Badulla district as being prone to landslides. The Central Environmental Authority (CEA) lists the Badulla district as one of the most environmentally-sensitive areas on the island.

These risks are practically invisible for those visiting the area; the majestic landscapes often distract from the precarious nature of daily life for those who live in these mountainous regions.

The Uva province is home to some of the country’s oldest and most historic tea plantations. While these estates are often highlighted in glossy tourism brochures, particularly last year, when Sri Lanka celebrated 150 years of Ceylon Tea, the community that lives and works on these estates is among the most socio-economically disadvantaged in Sri Lanka. The threats to basic safety posed by the environment compound their vulnerability, and impact on their quality of life.

View the full story, compiled using Microsoft Sway, here, or scroll below.

Editorial: False Promises

Illustration by Keera Ratnam--09Jan 2018

Three years after the election victory of Maithripala Sirisena and Ranil Wickremesinghe’s ‘unity government’, the failure of meaningful progress on key issues must be confronted head on if visions for accountability, justice and lasting peace are ever to be achieved. While the government has succeeded in opening up sufficient space to garner international praise, with political space in the South having certainly fared well under the present regime, it has abjectly failed to deliver on commitments made to the Tamil people. As the wave of protests which defined the ‘good-governance’ regime’s third year in power illustrate, there is rising frustration among Tamils on the lack of progress on issues dubbed as easily deliverable - demilitarisation, land release, repealing the Prevention of Terrorism Act and releasing or charging political prisoners.

Key to international support for the Sirisena-Wickremesinghe alliance was Sri Lanka’s promise to implement the 2015 UN Human Rights Council co-sponsored resolution which called for a hybrid mechanism to be established to ensure accountability for mass atrocities committed at the end of the armed conflict in 2009. Yet almost three years on, the government has failed to produce a tangible plan of implementation. Failing to take any step towards beginning an honest conversation within the South on the need for accountability for reconciliation, it instead proceeded to reassure its Sinhala electorate that no Sri Lankan soldier will face a war crimes tribunal.

Indeed, nothing exemplifies more the pervasiveness of impunity on the island and the lack of political will to address accountability for Tamils, than Associated Press reports of ongoing torture and rape of Tamils by security forces as recently as 2017. Several international human rights experts from the UN High Commissioner for Human Rights, to Special Rapporteurs and international NGOs have expressed serious concern about these recent allegations as well as about Sri Lanka’s pronounced unwillingness to either investigate the crimes of the past or kick-start any meaningful process of transitional justice. The UN human rights chief has even called for the exercising of universal jurisdiction to counter “the absence of credible action in Sri Lanka”.

For victims and their communities who have tried and failed to achieve justice through the domestic courts, who have engaged repeatedly with successive government led commissions, the platitude that they should have faith in this government is grating. The past year saw almost weekly commemorations in the North-East of state-sponsored assassinations and massacres that span decades, all underscored by the same slogan: still no justice. Families of the disappeared continue to chalk up the tally of days they have been protesting on the roadside, well into the 300s, yet no answers are forthcoming. These families have stated unequivocally that they do not expect the Office for Missing Persons to provide the answers they are looking for.

As has been demonstrated throughout the last three years, praise without pressure and unwavering engagement without scrutiny has not delivered the desired reforms. Promises to repeal the PTA, which gained traction while Sri Lanka’s suitability for trade concessions was being assessed by the European Union, now lay by the wayside several months after the concession was granted. Military-to-military engagement has allowed Sri Lankan leaders to declare that their armed forces have regained international prestige - proclamations that both undermine the drive for accountability and normalise the very militarisation which the Tamil community is struggling to break free of. Promises of a new constitution that would pave the way for a meaningful political solution for Tamils have been replaced by promises to the Buddhist clergy that no power will be ceded.

Three years on, the unity government’s excuses for its lack of progress on transitional justice and accountability and urgent reforms including demilitarisation, land release and repealing the PTA, and its call for more time and more expertise, can no longer be considered tenable. This government - a coalition of Sri Lanka’s two main parties, with the unwavering support of the main Tamil party and the international community could not have been in a more advantageous position. Yet in line with its predecessors, the unity government chose not to make the difficult steps towards confronting the state structures which perpetuate Tamil oppression, but instead to pander to Sinhala majoritarianism. As the government enters its fourth year in power, it is clear the international community’s current approach of seemingly unconditional support is not effecting change. The past three years are but a continuum in the Sri Lankan state’s Sinhala ethnocracy which has consistently proved itself unwilling to deliver justice or meaningful political power to the Tamils by and of itself. Only through international pressure and critical engagement will any meaningful progress be seen.

Illustration by Keera Ratnam

Murderers of the previous regime will be brought to justice – PM

January 9, 2018

Prime Minister Ranil Wickremesinghe made a special statement today (9), where he addressed several issues mitigated by the current coalition government and extolled the service rendered by the late Lasantha Wickrematunga. 

In his communiqué the Premier stated that he, along with President Maithripala Sirisena embarked on a revolutionary political journey to change the increasingly toxic political culture that existed within Sri Lanka. 

He also said that on November 21, 2014 the President decided to join with the UNP to rid the country of nepotism, corruption and fraud to launch Sri Lanka to a position of economic and political stability while also regaining the tarnished image of Sri Lanka in the eyes of the international community. 

Prime Minister Wickremesinghe further went on to state that the current regime made a pledge to the people to bolster to ailing justice system and reinforce public faith in administration. Although the ambitions of the people are yet to be fully realized, the government is proud of the manner in which it faced the numerous challenges during their three year tenure. 

The Government has also been able to create a suitable political demographic where the people may execute their constitutional freedoms devoid of fear or political prejudice. Through the constant consultation of constitutional councils and the strengthening of the judiciary and law enforcement, the people are now able to enjoy the benefits of democracy the Premier said.

Prime Minister Wickremesinghe stated that for the first time in history, the Police force has been empowered to seek legal action against any individual committing fraud or crimes against the state.  

The government also took steps to liberalize the unprecedented executive powers granted to the head of state which were grossly misused in the past, and bolster the rights and freedoms of the people. Our aim was to free the nation from a tyrannical reign where one family was draining the country to such an extent that our economy or international standing would not have survived for much longer. I believed that we have been successful in our quest to empower the people once again he said. 

The Prime Minister recollected the immeasurable service rendered by the late Lasantha Wickrematunge who was assassinated in the height of political turmoil. Lasantha Wickrematunge knew that he was doomed to die when he penned his last words, ‘the people will finally know the reality of this regime when my son and daughter have finally lost their father’.

Nine years have passed since the untimely death of Lasantha Wickrematunge. As a government we laud the efforts rendered by fearless media personalities to reveal the truth on the murderous and fraudulent Rajapaksa regime. As a government we remain committed to bringing the villainous leaders of the past to justice the Prime Minister said.     

In his closing remarks the Premier thanked the people for making the correct decision in 2015 and requested that the people remain committed to the vision brought forward by the current government to ensure that progress and prosperity continues within Sri Lanka. 

Can Mahinda be ejected from SLFP?

By Faizer Shaheid-2018-01

There is nothing new in seeing dirty politics at play. The tactical ploys of those in power are somewhat a musical comedy to some and a rather frustrating melodrama to others, yet it continues. The latest saga once again concerns Mahinda Rajapaksa, the deposed President of Sri Lanka, who continues to be the face of the SLFP, no matter which party he contests from. Ever since Rajapaksa was defeated three years ago, the political bigwigs have been tailing his every move, pointing fingers at him no matter which direction they turn.

The negative publicity was always negated by the disappointment of the people that the Government had to resort to the blame game instead of manning up and owning their blunders. While the bond scam and corruption charges continue to be flung at the Rajapaksas, three years since his defeat, no charges have yet been proved. Either the due process must be incredibly slow, or the Government is merely going to repeat the same dialogues until the next elections.

The Local Government Elections are now approaching and once again, it appears that Mahinda Rajapaksa is the man of the hour.

On one hand, the United National Party (UNP) appears to be taunting and tainting Rajapaksa with corruption allegations at the turn of the bond scam report, while on the other hand Sri Lanka Freedom Party (SLFP) appears to be having problems with Rajapaksa for supporting the Joint People's Front (JPF) and not the SLFP.

Ethical factor

The UNP on one hand cannot seem to come out of their election victory mood from three years ago. It sometimes feels like they are stuck in a time loop that keeps taking them back to their election victory days. No amount of nudging appears enough to wake them back to reality.

On the other hand, SLFP have made it abundantly clear that they are contemplating action against Rajapaksa for openly advocating a different political party. True enough, Rajapaksa had contested and won from the SLFP and has indeed been a staunch member of the SLFP for over 40 years. The jealousy stems from the fact that, when Western Province Chief Minister Isura Devapriya had proposed to use the image of Mahinda Rajapaksa in SLFP posters, Mahinda had objected to the Commissioner of Elections. Yet, he had permitted those contesting under the Pohottuwa (Flower Bud) symbol of JPF to use his image.

The SLFP have threatened action against Mahinda Rajapaksa and his supporting politicians with expulsion from the party since the very first day, yet no action has since commenced. Neither is it likely to commence at any point in the near future.

No matter what some SLFP politicos may claim, Rajapaksa is simply following the precedent set by his presidential successor and incumbent President Maithripala Sirisena. Sirisena had set a swing in motion when he crossed over and contested his own party member at the presidential election in 2008. He not only supported a different party by the name of the New Democratic Front (NDF), he became its candidate and contested against the SLFP candidate.

With his election victory, he also returned to take over the reins of SLFP and dictate terms to those in the party. Sirisena had completely gone off the books of ethical politics in order to pull off this blinder, but it worked. Being so, it is completely unethical for the same man and his supporters to once again point fingers at Mahinda Rajapaksa.

Expulsion plans will fail

Very recently, Sports Minister Dayasiri Jayasekara had claimed that the Central Committee of the SLFP were currently evaluating the case of Mahinda Rajapaksa and his support for the Sri Lanka Podujana Peramuna (SLPP). Apparently, he had claimed that the process will take time, and that stern action will be taken against party members who attend the rallies of other parties.

The problem is, nothing at all will matter to Mahinda Rajapaksa and his supporters except for expulsion from the SLFP. The reason being, an expulsion from a political party will automatically result in expulsion from Parliament. This is noted in Article 99 (13) of the Constitution.

However, the law comes with a proviso that if the expulsion is challenged in the Supreme Court within a month of expulsion, then the expulsion will not be valid unless Supreme Court upholds its validity. Herein lays the problem.

The very first expulsion happened in 1991, when Gamini Dissanayake, Lalith Athulathmudali and seven other Parliamentarians were expelled from the UNP for attempting to impeach then President Ranasinghe Premadasa. The Supreme Court upheld the expulsion and the Parliamentarians lost their seats in Parliament.

However, since that date, no party -based expulsion has ever been upheld in the Supreme Court. The wisdom is gathered from the dictum of Justice Kulatunge in the same case (referred to as Gamini Dissanayake vs. M. C. M. Kaleel and others):

"The right of a member of Parliament under Article 99(13)(a) is a legal right and forms part of his constitutional rights as a Member of Parliament. If his complaint is that he has been expelled from the membership of his party in breach of the rules of natural justice he will be ordinarily entitled to relief and this Court may not determine such expulsion to be valid unless there are overwhelming reasons warranting such a decision."

This dictum was given very wide effect in all forthcoming cases, and no case in respect of expulsions was ever satisfied well enough to warrant an approval from the Supreme Court. For over 25 years, there has been no expulsion that has been validated by the Supreme Court, and this is highly unlikely to change in the near future. In many cases before the court, where the intentions of the expelled members have appeared to be fairly clear, and where the party has conducted a proper investigation into the matter, the matter has still not won the approval of the court.

This is the prime reason why, despite the straightforward violation of party principles and outright challenge of the party itself, incumbent President Maithripala Sirisena, was able to contest and win the election without being expelled from the SLFP.

Furthermore, Mahinda Rajapaksa contested from the United People's Freedom Alliance (UPFA). Therefore, regardless of circumstances, even if he is expelled from the SLFP, he will not automatically be stripped out of his position as a Parliamentarian.

Other party action

The SLFP may attempt to cause trouble one way or another to the former President. Perhaps, his actions may result in a suspension from the SLFP, or perhaps, he may be stripped out from other party positions such as that of an organizer or from being a Central Committee member. However, any move of such nature will only embolden him further and make him even more popular among his followers.

Besides, whether or not he is penalised from the SLFP, Rajapaksa has not washed his hands off SLFP and embarked on a renewed journey. No matter what the consequences are within the SLFP, the effect on him will be only minimal.

Conclusion

Mahinda Rajapaksa and the members of his party have been acting fearlessly against the threats of the present Leader of SLFP, Maithripala Sirisena. They refused to sit with Government and refused to vote in favour of the Bills presented by their fellow SLFP members in Parliament. They have no care for any repercussions as they already know the limits to the possible actions. Each of the Rajapaksa members already knows that no expulsion has mandated a vacation of Parliamentary seats since 1991. They are also very well informed of the expansion of the definition of the proviso by former Chief Justice Sarath N. Silva in the 2006 case of Ameer Ali vs SLMC, where it was determined that no expulsion will be valid unless overwhelming reasons warranted it.

They are also aware that they are protected as far as they were elected from the UPFA and not the SLFP. The SLFPers are aware of this, just as much as the Mahinda Rajapaksa faction, yet it appears that the drama will continue until the opportune moment.

Only when Mahinda Rajapaksa proves to be a direct threat to Sirisena we will get to see what all of these stacked up chargesresult in.

(The writer is a political analyst and an independent researcher of laws. He holds a Postgraduate Degree in the field of Human Rights and Democratization from the University of Colombo and an Undergraduate Degree in Law from the University of Northumbria, United Kingdom)
(faizer@Live.com)

IPL brand crosses $ 5.3 b; pickups for Sri Lanka’s Global Rankings

• 26% growth over 2016 value
• Moves to auction media (TV and digital)

  Wednesday, 10 January 2018 

When an economy is growing at around 4% and the size of the economy is around $ 80 billion, the consumer is challenged when it comes to purchasing power. Inflation in November is at 8.4% as per the National Consumer Price Index whilst the year’s inflation as reported by Central Bank is 4.1%.

IPL brand crosses $ 5.3 b pickups for Sri Lnka’s Global Rakings.docx by Thavam on Scribd

Bond-scam probe is turning democracy into ‘demo-crazy’…

2018-01-10

“The gull sees farthest who flies highest”  ~ Richard Bach, Jonathan Livingston Seagull 
One can examine the Bond-scam report and arrive at conclusions after such a close perusal in two diametrically opposed lights. 1. In the context of the current political environment, its apparent findings and President Maithripala Sirisena’s interpretations of the findings and his vicarious intentions of defaming some UNP members of Parliament, despite the fact that his very election as President was principally facilitated by the United National Party (UNP), would lead to him being branded a ‘traitor’. We need to note that the appointment of Arjuna Mahendran who is the central figure in this whole scheme of alleged corruption, as Governor of the Central Bank, albeit at the behest of Prime Minister Ranil Wickremasinghe, was President’s responsibility and his alone.
2. One can also look at this Report in the light of the inherent culture that has been built around all government servants and those who are accused of misdoings have been partners in the alleged felony willy-nilly. Yet what government in power would dare probe into allegation against itself and withstand the cruel punishment meted out to them in the courts of public opinion? 

The content of the Bond-scam report may be true, may be contentious or even may be outright false. Neither can we argue the validity of the substance of the allegations, nor reject them outright. The Report is still under the Presidential care. According to some reports, ‘Sumathipala Udugamsuriya, Secretary to the Presidential Commission that probed Treasury bond scams has stated that the releasing of the report would be President Maithripala Sirisena’s prerogative. Udugamsuriya said so when the newspaper inquired from him whether a copy of the report could be obtained. The official said that their mandate was for a ‘fact-finding inquiry’ and report to the appointing authority. Responding to another query, Udugamsuriya said that about six copies were printed for members of the Commission. Asked whether the report could be posted online; Udugamsuriya said that the Commission couldn’t decide on that either’. 

• The appointment of Arjuna Mahendran who is the central figure in this whole scheme of alleged corruption, as Governor of the Central Bank
• The issues that confront the masses are totally divorced from such sophisticated schemes of white-collar financial crimes
• ‘Bond-scam’ probe when concluded makes it look like a 100 m sprint while the pursuit of MR-scams are appearing to be a Marathon
• The current administration decided to inquire into its own public servants and its own Cabinet Ministers

As opposed to the Special Presidential Commissions of Inquiry Act of 1978 wherein the powers of the Commission were far too wider than the one that held the inquiry held into the ‘Bond-Scam’, in that the 1978 Act could recommend as to what action should be taken consequential upon the findings of the inquiry. The ‘Bond-scam’ inquiry is a mere ‘fact-finding’ probe. The public humiliation it has generated, especially among those whisky-drinking, club-goers of the Colombo-elite kind, who were the very beneficiaries of vastly-concealed corrupt financial deals during the Rajapaksa regime, is immense. But that humiliation is essentially limited to those vulture-elites of Colombo. The issues that confront the masses are totally divorced from such sophisticated schemes of white-collar financial crimes. Ever increasing cost of living, apparent lethargy and apathy shown in the pursuit of the previous regime’s corrupt practices are predominant among the voting public.


Allegations against the Rajapaksas are many; the very alacrity with which the ‘Bond-scam’ probe when concluded makes it look like a 100 meter sprint while the pursuit of the Rajapaksa-scams are appearing to be a Marathon. It is indeed very disturbing and distressing, especially among the UNP voters, who along with Tamil and Muslim minorities, elected Maithripala Sirisena as President of this country. Those who defied Sirisena at the 2015 elections are elated while those who supported him are aghast at the turn of events. That is democracy turning into ‘demo-crazy’. 

Yet, the findings of the ‘Bond-scam’ are ugly. They tell a story of massive fraud and corrupt intent of a select few in the Colombo politico-financial theatre. Whether President Sirisena releases the Report or not, both Prime Minister Wickremasinghe and President Sirisena must bear in mind that the masses must be educated of the glaring differences between the two governments, the Rajapaksa-led UPFA and Maithri-Ranil-led coalition, specifically in relation to the notion of transparency and accountability of democratically elected governments.

The current administration decided to inquire into its own public servants and its own Cabinet Ministers. That is a remarkable trait of a transparent and accountable government. ‘Yahapalanaya’, at least in this instance, is manifestly in operation, it seems. The return of the rule of law is something to celebrate. With all its weaknesses, with all its many a folly, its decision to let the press be free in a real sense and lifting of the gloomy shadow that trailed almost all anti-Rajapaksa journalists, the government has been successful in making its fundamental change visible in the current environment. The toxicity that engulfed the media personnel during the Rajapaksa-era is losing its stench; the Right to Information Act is having its tangible effects and the very political thugs, who during the Rajapaksa-era made all attempts to curb that elementary human propensity for intellectual curiosity, are taking refuge in that very Act and pursuing receding mirages of political victories.

It is in this context of freer environment of political dynamics that the present debate about the ‘Bond-scam’ fiasco needs to be examined and dissected. While many allegations and charges are being still probed into and referred to the department of Attorney General, and awaiting further action as part of the due process afforded to each and every person so charged, during the Rajapaksa-led regime, the power-holders meted out ‘justice and fair-play’ at the whims and fancies of the ‘First Family’. What is evidenced in the current administration in the United States of America in which ‘Trumpism’ seems to be trumping the true and fair-minded Republican lawmaker, was manifestly apparent in the Rajapaksa regime. Mahinda Rajapaksa loomed over the UPFA members like a mighty Gulliver overwhelming the little Lilliputians.

In the present coalition, there is no Gulliver nor are there any Lilliputians. Yet, the leadership quality that is in evidence does, at times, seems to be far short of the necessary ingredients that make a steady journey all-congruent and seeking a stern and sure target. There is no more negative image one can project than a one that is pregnant with ‘uncertainty’. That sense of uncertainty largely contributes to lethargy on the part of the players and nervousness on the part of the spectators. Both elements of human expressions, lethargy and nervousness are products of weakness and softness. The current administration needs to disrobe itself of that garb. The Maithri-Ranil Combo needs to dissipate that aura of negativity and transform that into a very positive force by taking the offensive to its adversaries. That kind of proactive elemental force might be absent today, but there is no reason or rhyme to presume so tomorrow.

Does the current regime have that elemental synergy to turn something negative into a positive force? There is ample opportunity and space for one such move outside the box. Why not both Maithripala Sirisena and Ranil Wickremasinghe call for a truce between the Elephant and the Beetle-leaf prior to the local government election? Some might perceive this basic idea as laughable and ludicrous. Therein lies the elemental reality of bold and audacious thinking.

The action that the UNP leadership needs to take regarding Ravi Karunanayake becomes very relevant in this context. The leadership must leap ahead of the average voter and his wildest imagination. Discipline and discipline alone can take any organization forward. If and when discipline breaks down, the whole organization is bound to collapse on itself. However, such iron discipline, that element which makes man advance beyond one’s confines is sadly absent in all political parties today, including the Janatha Vimukthi Peramuna (JVP).

Leonardo da Vinci is associated with the following quote: “You will never have a greater or lesser dominion than that over yourself...the height of a man’s success is gauged by his self-mastery; the depth of his failure by his self-abandonment. ...And this law is the expression of eternal justice. He who cannot establish dominion over himself will have no dominion over others.” Such brutal truths are few and far between. Application of such universally relevant truths is not too presumptuous. Yet being as modest and simple as an ancient ascetic, a politician indeed never sees himself in the light of such a nihilistic lens. Scholars from Chanakya to Machiavelli and Aristotle to Bertrand Russell to Jean Paul Sartre and Noam Chomsky have all outlined the basic architecture of human behaviour and its many facets of expressions in most lucid form and the ironical fundamental is that each and every such scholar has failed to draw players from the margins. 

On the contrary, politicians almost always succeed in bringing in those who occupy the space outside the margins. Whether this is an intrinsic measure of politicians or a mere accident of political evolution, I do not know. Yet the large meadow of reality shows much greener pastures than one would dare to dream about. That is why the Bond-scam would remain in the realm of gossip rather than matters of consequence of hard political bargaining. 

The writer can be contacted at vishwamithra1984@gmail.com

From Rule Of Kings To Tyranny Of Political Party Rule

By P. Soma Palan –January 10, 2018

I refer to the article under the heading “Sri Lanka’s way forward- lets think outside the box” by the Columnist Vishwamithra in the Colombo Telegraph of 3^rd January. It is a true and objective analysis of the state of affairs and the degradation of the Sri Lankan Nation during the 60 years period, since gaining Independence. Vishwamithra states “ Politics has destroyed the soul and eaten up the character”. Here the word “politics” is used in a general sense, which means Government. But the word politics cannot be divorced from Political Parties. Politics and Political Parties are two sides of the same coin. Therefore, in a positive and direct sense, it means that “Political Parties has destroyed the soul and eaten up the character”. Political Parties, in my sincere opinion, is the cause of all the ills of the Country. Political Parties is a curse that bedevils the country. It is clear as day light to all, the educated and the knowledgeable, that Political Parties is the root cause of the disease afflicting the nation, yet helpless to cure it by ridding the cause. This is conceded by Vishwamithra, when he says that “yet no Politician or any social-minded leader of any worthy repute has tried anything outside the box, within the democratic framework”. He further states that “ let us open this column to a national conversation. How far or how wide we can reach in this exercise”. It is in this spirit that I offer my “outside the box” conceptual framework as a solution for a true democratic form of Government as detailed below.

Sri Lanka, historically, was ruled by Monarchs, so was other Asian Countries. We were subjugated by foreign Western Powers and colonized and ruled in the name of a distant Monarch. We lost our independence.

Genesis of Political Party

 

A struggle followed to regain our independence. So a National Movement was born to unify all forces to achieve independence from colonial Rule, which led to the formation of the Ceylon National Congress. Without such a political organization, with unity and cohesion, it would not have been possible to launch a movement to regain our independence. This is the genesis of the Political Party system. Thus the political Party, called the Ceylon National Congress, played a valid and significant role in the transformation to self-government. But the initial spirit of patriotism of the Political Party evaporated after attainment of Independence. The Monarchy was replaced by the Political Party. Aftermath of our political Independence, the history of our country, is the history of proliferation of Political Parties. Parliamentary democratic form of Government came into being. 

Theoretically, this is the ideal form of Government. President Abraham Lincoln of U.S.A succinctly and meaningfully defined democracy as “Government of the people, by the people, for the people”. Is this true in actual practice today? I say, no. It had degenerated today and become a Government of the Political Parties, by the Political Parties for the Political Parties. The people are mere voting machines at periodic elections to form a Government by Political Parties. Thus the right to rule and govern the country is solely vested in the Political Parties. It is the political parties  that nominate their members, for the people to elect as their representatives, to govern. Very seldom do candidates from the people, outside the Political parties, come forward as Independent Candidates to contest, to be elected as their representatives. Thus, the Government is a monopoly of the Political Parties. The rule by a single Monarch has been superseded by a single Political Party or more in a coalition. Political Parties are virtually owned and controlled by families and their children, as a hereditary right, thus ruling power is wielded by Politicians. In place of one Ruler King we have a multitude of Petty kings, parading as peoples’ representatives.

After gaining Independence, Political Party based government came into existence. At the inception, there was only one major Political Party in Sri Lanka, Ceylon National Congress, precursor of the later United National Party. At the time of the first General Election, there were only three or four Political Parties, such as the United National Party, Lanka Sama Samaja Party and the Communist Party. Since then, to the present day, Political Parties  have mushroomed to a plethoric number, due to the greed of Politicians to rule the country. They see in it a window of opening to aggrandize themselves and their families, though the ostensible reason given is to serve the country and the people. Today, there is a birth of a new Political Party at the drop of a hat, as it were.

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Bonds scam report boomerangs on Sirisena, too?

By N Sathiya Moorthy-January 8, 2018, 8:56 pm 

Chennai, 5 January 2018

Same-side goal, yes, considering he is heading a coalition government, but did President Maithripala Sirisena hit a ‘self-destructive’ goal with his early publication of the Central Bank bonds scam probe report? Going by media reports post-publication, the latter too seems truer. In possibly seeking to refurbish his self-styled ‘Mr Clean’ brand-image from Elections-2015, first by ordering the probe when it became unavoidable and releasing the report before it might have ‘leaked’ to the press during the run-up to the nation-wide local government polls, Sirisena might have also shot his own feet, rather than shooting at his political adversaries, standing in front of him and also by the side of him – by his side, may be the apt phrase.

There is no denying the visible advantage for Sirisena, first when he ordered the probe, and now when he did not lose much time in going to the nation with the contents of the commission report. Any other in his place would have taken time for his team to read, comprehend and advise the President, before he could publicise it for the whole nation to know. This way, Sirisena has escaped possible criticism that he was trying to shield the guilty, or delay action at least until the nation-wide local government (LG) polls were over in a month’s time.

Tactically, his action is the better option available to Sirisena the politician than Sirisena the President, who is heading a nervous coalition government, whose major UNP partner is at the receiving end of the bonds scam, probe and the findings. This way, he can tell the nation, when his visible weak ministerial faction of the SLFP is caught in a three-cornered LG poll contest (and four-cornered when you include the JVP), that he still stands by his pre-report commitment of using the sword against those found guilty.

Sirisena needs an electoral victory much more than Prime Minister Ranil and the UNP, and even predecessor Mahinda Rajapaksa and his JO. It is unclear if acts such as releasing the probe report would set Kelani Ganga on fire, and let Sirisena and the SLFP sweep the polls. If such was the mood of the public – and as a veteran politician, Sirisena would have known – then, his initiatives on la affaire Avant Garde, Hambantota swap-deal review and a host of other governmental initiatives (read: UNP & Ranil) should have made him many times popular over the past three years in office. That is not necessarily the case.

No shock-value

Truth be acknowledged, the probe report has not said anything that the nation did not know already. Whatever shock was there, the nation has absorbed it all since the scam hit the roof. Whatever after-shocks were there, they were felt when the pent-house problem of then Finance Minister Ravi Karunanayake came up before the probe panel.

Otherwise, the exit of Ravi K and the earlier sacking of then CB Governor, Arjun Mahendran, all came only when Ranil & Co could not delay it, and Sirisena could not but force the issue and hope to collect some brownie-points, if at all any. For the nation, the question is now not even about if the wrong-doers would actually be arraigned before law, and if a fast-track mechanism would at all be found, to dispense justice in this case at the very least.

If anything, the nation would be keen, and would trust all those needed trusting, starting with Sirisena, and even Ranil, if and only if all the public moneys re-routed through the scam, and by the scamsters, came back to the Exchequer. Even if it were to happen, it would be even more interesting to learn more about the money-track and where all it, or part of it, got parked and where it ultimately landed, and in what proportion.

No marks for guessing, but the government, which from almost day one has been claiming to have got overseas governmental assistance, say from the US and India, at different points in time, to bring back the billions ‘looted by the Rajapaksa regime’, can add the bonds scam money to the list. Maybe, the ‘Rajapaksa looters’ may have created layers after layers of smoke-screen to misdirect investigators, over the past 13 years, since Mahinda R became President in 2005 and exited in 2015. In comparison, the bonds scam is still young and the layers might not have been covered by as much dust as the dirt, rather the covering of the dirt, demands.

Real source of dirt

If there are no new shocks, surprises or expose, and the probe report is still in the news, not just the political Opposition and media critics, but even the common man on the street would look elsewhere for both the real source of the dirt and some shock accompanying any discovery of the same.

No one is just now pointing any finger at Sirisena, not certainly in anyway denoting that he might have been a point of the scam, and a beneficiary, too. No not at all. But his supporters cannot satisfactorily explain to another probe commission, or a parliamentary committee, as to some of his omissions and commissions that might have facilitated the scam, wily-nily, and possible cover-up, too.

Fair enough, the government is led by the Prime Minister’s party, but then, Sirisena as President has continued to interfere in the daily affairs of governance, and for right reasons on most occasions. The question thus remains how and why the President with his vast and varied experience in government and politics did not ask the obvious question: Why nominate a Singaporean as the Central Bank Governor when equally, if not better qualified, men and women may be available inside the country?

As may be recalled, whoever raised eyebrows at the time of appointment was reminded of Mahendran’s Tamil ethnic background, and how the new government was reaching out to the community so soon after replacing Sinhala ‘hard-liner’ Mahinda R at the helm. If further proof was needed, it came in the form of later-day elevation of Justice K Sripavan, another Tamil, as the Chief Justice of the Supreme Court – abiding by the seniority roll-call and not ‘importing’ a non-judicial, legal person to the post.

What is even more jarring is the fast-tracked dissolution of Parliament, when the House was due to vote on a no-confidence motion against Ravi K, who was already Finance Minister under the ‘interim government’, if the period between Sirisena’s election and the parliamentary polls could be terms thus. If anyone thought that it was at best to help the Government avoid embarrassment deriving from the minister’s possible exit at the vote (given the mood of the existing SLFP members at the time), the Opposition now recalls how the second instalment of the bonds scam happened after the dissolution of the House.

Thus, Sirisena, rather than claiming credit for exposing the scamsters and seeking to hold individuals accountable, may have some explanations to offer, himself – be it on his approving Mahendran’s appointment with or without a background check to his satisfaction as President, two allowing the bonds scam to be legitimised on all occasions through approvals by the Cabinet that he heads and at meetings chaired by him.

If it is collective responsibility of the Cabinet, not only PM Ranil, but President Sirisena too has a lot more to explain, rather than explain away. If it is the overbearing supervisory role of the President, which Sirisena is entitled and accountable to do, both as President and as Head of the Cabinet, he will have even more to explain.

Is the Jury hearing it all? Is it asking the right questions, to the right persons, now that the bonds commission has stopped asking all the questions to all the people, and has satisfied itself with asking some questions to some people – though hitting the bull’s eye without fail, all the same!

(The writer is Director, Chennai Chapter of the Observer Research Foundation, the multi-disciplinary public-policy think-tank, headquartered in New Delhi. email: sathiyam54@gmail.com)