Peace for the World

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

Sunday, March 18, 2018

A Difficult Healing


AMALINI DE SAYRAH- 
‘I rode back home that day watching fires burn the places I knew and loved. I watched mobs hunt for petrol. A curfew on the streets meant some areas were deserted, by the people who knew they were under attack, and in hiding. The mobs kept going though, despite the curfew. I watched the police stand by and help them search for their targets. They laughed together and spoke like old friends. It kept going for days, and it seemed like no one up there cared.’

That wasn’t about Digana.

A man emailed me his story, because talking about it still shakes him. Twenty-something and returning home from Fort to Wellawatte on his bicycle, terrified for what lay ahead, till his neighbour stepped in and saved his life. It is a warm July, and the year is 1983.

‘Curfew was put in place that day, but it seemed to be for us and not the rioters. In the hours that followed, the extra policemen they had deployed – supposedly for our protection – stood back while allowing the mobs to carry on. After being looted for valuables, they burned our houses with petrol bombs. There was a blackout, and the STF used their powerful lamps to help mobs find their targets in the dark, so they could stone their homes. Why did they let them carry on for so long?’
That wasn’t about Digana either.

A lady whose passports and emergency bag are packed, just in case. A teacher, she told me escaped as the mobs were moving from Aluthgama to Dharga Town, and returned to find her home classroom destroyed. It is June, during Ramazan, and the year is 2014.

‘These attacks are happening during curfew, the mobs are still running everywhere. An entire row of shops were burning and police were merely watching this with their arms folded. They were using petrol bombs and iron bars to completely ruin homes, shops, holy places. The army and STF arrived hours late, when the rioters had moved onto destroy another area. There was no one to order them otherwise, no one to protect us.’

That was about Digana.

It is an account from a young boy that laments how people, law enforcement and leadership failed those who needed them most. As they always have. Condemnation came long after the fires had burned out, and by then it was too late. It is an average March, and the year is 2018.

Sri Lanka’s history, in the wake of Independence, is a series of cycles of violence; one burning out as another begins, much like the fires of the destruction that burn unchecked for days. The most upsetting accounts from the last month have been those that tie these three incidents together; actors and methods are slightly adapted to the times, but intent, destruction, complacency and slow response are constant. The one thing that changes is the timestamp on the news report.

The anxiety of not knowing how your life will play out when there’s a target on your back. The flight response of looking to leave home, leave this country that won’t keep you safe, to somewhere alien but secure. The feeling that those who are meant to protect you and take decisions on your behalf don’t actually care about what you feel. As one generation moves the memories of violence to the far chambers of their memory, another fire begins – seen, witnessed, traumatising one generation and retraumatising another. This goes on until no one alive at any given time in this country has lived at a time of complete innocence.

Digana is Ampara is Gintota is Aluthgama is civil war is Black July and beyond.

There might be some saving grace if the violence ended with the silence of the weapons, if it wasn’t allowed to linger the way it does. But it remains.

In wounds that have begun to fester. And when you live with that ache for long enough, you convince yourself that it’s normal.

I don’t have a political, social, historical, legal analysis of what we can do, anymore than I have a psychological, human, emotional understanding as to why people carry out and perpetuate violence.
I am exhausted with moments of hope being seen as happy endings to a problem that runs in our very bloodstream. Reading unfolding atrocities makes one weary, especially when you don’t have the option to airplane and disconnect as the news keeps pouring in. But when a photo of the rare but admittedly heartening good news surfaces, it almost serves to render the painful reality silent. It is plaster on the festering wound.

Our history has been a series of these plasters, and botched attempts at surgery that have made things worse.

Putting two people from different communities together in a good photo together and calling it unity.
Driving through a former combat zone to your holiday resort and calling it peace.

Titling an obscenely expensive gathering in three languages and calling it reconciliation.

I know that what saved that man, that lady and that young boy was kindness and generosity of those who protected them. I know that those stories are told with great pride, that people risked their lives to keep others safe. I admit that acts of that nature are incredibly humbling in their service, and are things we need to remind us that good things are possible while our world crashes down around us.
But that man, that lady and that young boy fear that all of this can happen again, because those who wronged them the first time were never held responsible for their actions.

Unafraid of punishment, because it never comes for them, they do as they please to those who don’t always have the power to fight back. Their actions sometimes provoke violent retaliation. Their actions also invoke quiet submission to maintain a feigned normalcy, affording the space for another violent attack.

And repeat.

Change needs to come as justice – in condemnation, in action and in prosecution. When we don’t fear to tell people that they are wrong, despite the language that they speak or the colour that enrobes them. When we understand that all are worthy of dignity, and do not slow the slightest hesitation to punish those who compromise that. Not a plaster, but a slightly invasive surgery that, while painful, will start the healing process to eliminate the virus for good.

In a history such as ours, this justice will be the greatest change.

SRI LANKA GOVERNMENT IS ATTEMPTING TO MAKE CSOS ITS TOOLS – CAFFE


Sri Lanka Brief18/03/2018

The government is attempting to suppress civil society organizations under the pretext of amending the Voluntary Social Service Organizations (registration and supervision) Act, Campaign for Free and Fair Elections (CaFFE) and Centre for Human Rights (CHR) said issuing a joint press release.

The draft bill to amend the act, which had been passed by the Cabinet last week, is essentially a legislation to have authority over these organizations and to suppress Civil Society Organizations (CSOs) that are critical of the government. The amendment changes the structure (even the Preamble), the practices and the agreed norms of the existing act in a bid to paralyze civil society organizations that do not do the bidding of the President, Prime Minister and ministers.

If an act is being amended, the amendment must not destroy the basic principals of the act. However with this act no CSO will be able to operate without the patronage of the government. This will also give legitimacy to the National Secretariat For Non Governmental Organizations, which has no constitutional or legal basis for its existence, and allow the government to control CSOs through a Director General of National Secretariat For Non Governmental Organizations.

The National Secretariat For Non Governmental Organizations has made these amendments after consulting several CSOs that are affiliated and associated with one particular political party. The draft has also been penned ignoring the proposals by Nimalka Fernando, Sudarshana Gunawardana and Dr. Vinya Ariyaratne, who acted as consultants of the advisory committee to the National NGO secretariat. The Secretariat has not even held a discussion with NGOs that are a part of this advisory committee. Thus it is evident that National Secretariat For Non Governmental Organizations has acted in an unethical manner.

CSOs that range from funeral assistance organizations to corporations, must remain organizations of the civil society and not be tools of the government.

Rajith Keerthi Tennakoon
Executive Director – CaFFE and CHR

CASE FOR A FACE BOOK ‘SOCIAL MEDIA OMBUDSMAN’

Social Media - Modern Mediated Technology

2018-03-19 
Social media has been a medium of communication on computer mediated technology created to sharing information with individuals, clusters, and social groups, cheap, accessible and fast, until the ground breaking innovative introduction of Face Book by Mark Zuckerberg, a student of Israeli origin at Harvard, innovated for the students of the Harvard University that spread like wild fire all over the world due to innovations of the product. 
Facebook (Fb), is used by 3 billion people worldwide spread to 40% of the world population and 2 billion active monthly  users. Before the introduction of Fb the printed, electronics, email, telex and such traditional methods were adopted locally and internationally with 100,000,000, registered users worldwide.
Fb is user-friendly, quick and attractive and it spread rapidly worldwide within weeks and months of introduction, with unprecedented profits and reputation to the innovators who became multi-billionnaires in a short span. Fb is a useful double edged sword with more benefits to the society than detrimental effects due to misuse and exploitation of the freedom to access the world in seconds with a click of a button. 
The Fb supported social media in Sri Lanka is a popular and people friendly online web service which is fast growing and useful social media with many other emerging sites. 


Powerful tool

Social Media has become a powerful tool and unstoppable that have changed and revolutionized the life of the citizen looking for quick results and comforts with the least effort. It is a strong and powerful mode of communication on connectivity, used in business, education, personal and public affairs administration with difficult areas due to cyber hacking, addiction, , security, threats, hate speeches, crime, defamation which are controlled by media rules discipline and laws of the respective countries. 
There is adequate legislation in Sri Lanka in civil and criminal law and regulations which unfortunately are not in practice. Inactivity of the governance as in the “Digana” incident where proper steps if taken promptly the disaster that occurred would have been avoided. 
Social media in Sri Lanka has become a powerful tool in private and public life with the participation of the younger generation with large penetration of mobile phones replacing traditional land telephone lines exceeding the population due to trade war among the mobile phone companies offering easy payment schemes and cheap instruments available at every corner with no restrictions. 
Facebook is used by 6.5 million but the impact is huge with 30% internet users and over 23 million mobile phones in the hands of the citizen, giving priority to the mobile phone as a part of the household expense. 
Sri Lanka is on the door step of the digital world invading fast with the introduction of international business portals and many online giants using the social media and modern developments on banking easy money transferring platforms, with modern world trends of 40% global Facebook users, when even China has one billion accounts worldwide with the world’s largest online platform, which is owned by a Chinese company patronized by thousands of Sri Lankans.  

"FB is a useful double edged sword with more benefits to the society than detrimental effects due to misuse and exploitation of the freedom to access to the world in seconds with a click of a button cheapest mode of accessibility with fewer complications"

Gloomy side of the Story too

Social Media is worldwide and the easy way in the digital age. If the system is misused by the users, in the day-to-day life, business, professional engagements, are inevitable in the midst of billions of transactions unless a proper security system is enforced. Worldwide news is in the public domain, it shows adequate protection and punishments are enforced in other parts of the world. 
Many incidents have been reported previously until “Digana” issue came to light alleging a section of Fb users misusing the product to incite hatred and spread violence through the media. It is unfair to state the Fb is solely responsible for the escalation of violence, but it has ignited and spread the tragedy through the members of Fb misusing the system which has not been monitored properly by the government despite the legal and other mechanisms in the system under the direct law and order. 


Social Media Ombudsman

There is a better mode of dispute resolution which is a less complicated procedure in a friendly atmosphere which is successfully applied worldwide including Sri Lanka. Today Fb has become an irreversible, unstoppable, innocent “Dragon” capable of being tamed to suit Sri Lanka, for our development and prosperity, if handled properly by professionals and experts avoiding the involvement of politicians who are responsible for the ruination and present sorry state of the country. The implementation of the Ombudsman scheme will be successful in Sri Lanka as educated professionals with sufficient teeth to deal with certain amount of powers by appointing educated and balanced personalities for the job.  
Hate speeches and exchange of images and videos may have other underlying reasons and it is a good idea for the sociologist to find the root cause of its sudden eruption whether it is the resentment and disappointment of the citizen using this media to express their views. The cheapest way to express the opinion has come down to Fb today and it has to be carefully controlled and moderated by an Ombudsman appointed under the Constitutional Council – not by politicians! 


(Reading materials Case for an Ombudsman for Sri Lanka Ceylon Today July 5, 2017 - Author is a former ambassador to UAE and Israel and could be contacted on 
sarath7@hotmail.co.uk) 

Believe it or not! BASL against justice; U(rban) R(owdy) aids and abets crooks, criminals and their clans !

LEN logoThe deadly nature , aims and objectives of these rascally black coated sharks came to light publicly when 7 special  petitions were  filed in the supreme court on the 16 th against the remedial measures taken to eliminate  inordinate delays when  meting  out punishment to the accused in trials heard in courts -  in some cases  over 17 years !   This salutary move was to appoint a high court comprising three judges to hear cases daily to avert delays.  These obnoxious petitions were filed by these villains on the day (16) the SC was taking up the Judiciary organization bill designed to  eliminate  delayed justice - delayed justice is tantamount to denied justice.
Romesh De Silva PC who appeared on behalf of the BASL president told  SC , because there is no high court of three judges panel category which is  mentioned  in the Judiciary Organization Bill ,the latter is absolutely  invalid. De Silva by this only highlighted and underlined what is more important to the BASL  is  the black coated sharks making a fast buck through postponement of cases, rather  than upholding justice  for the greater good of the nation. 
Joint Opposition leader  Dinesh Gunawardena filed his petition on the grounds that some of the provisions of the Judiciary organization bill for the proposed appointment of  the high court comprising a three judges panel are ultra vires the constitution , and also requested that this bill shall  be passed by a special number of MPs  as well as by a people’s referendum. 
While these petitions are pending hearing , another 14  interim petitions were  filed .
The petitioners of these interim petitions are : Patalie Champika Ranawake minister of  Municipal Councils and western development  , Dr. Harsha De Silva state minister of national policies and economic affairs, Eran Wickremeratne state minister of finance , Ajith P.Perera  deputy minister of power and renewable energy , Karunaratne Paranavitharne deputy minister of skills development , Professor Sarath  Wijesuriya , Saman Rathnapriya, Jayadeva Uyangoda, K.W. Janaratne, Gamini Viyangoda and Jagath Hemachandra. 
In these interim petitions it is averred the Judiciary Organization bill is a bill incorporating measures for the appointment of three special  courts in accordance with the  country’s constitution.
It is to be noted this amendment bill was steered forward on the recommendations made in the report of a select committee represented by all parties of the parliament and was concerning delays in courts when hearing cases. It was through  that report it came to light some  cases take over 17 years to be concluded  and to mete out punishment to the criminals.
Unbelievably Dinesh best noted for his senility and imbecility was also a representative of that select committee. Yet he is now taking this stance against the appointment of the new court for obvious reasons: The  hidden fear that  , when legal action and punishment are expedited before a  change of government  , all the rogues of his clan will be sentenced .
It is a pity individuals like U .R .De Silva who should respect the laws too are  toeing the line of the Dinesh Gunawardena  clan to do their sordid biddings . It is doubtless U .R. (Urban Rowdy) is thereby going to  incur the wrath and curse of his  own children, grandchildren,  law abiding citizens of the country and generations to come for his dastardly and diabolic actions.  
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by     (2018-03-18 15:55:03)

Harsha’s plan to innovate the economy is welcome but time is running out for him


National Policies and Economic Affairs State Minister Dr. Harsha de Silva

logoLaunching of Venture Frontier Lanka

Monday, 19 March 2018

The State Minister for National Policies and Economic Affairs, Dr. Harsha de Silva, in his second incarnation in that ministry, has acted promptly to propose a strategy to convert Sri Lanka into an innovation and entrepreneurship economy.

RAJAPAKSA ERA MULTIMILLION DOLLAR MIG DEAL: FCID FINDS STARTLING NEW DETAILS


Image: The main suspect Gotabhaya Rajapaksa arriving at FICD for an inquiry. 

Sri Lanka Brief18/03/2018

A near three-year investigation by the Financial Crimes Investigation Division (FCID) into the procurement of MiG-27 fighter jets for the Sri Lanka Air Force (SLAF) has bared some startling details. Firstly, what was touted as a “Government-to-Government” Agreement between Ukrinmarsh, a military goods export firm in Ukraine, and the Commander of the Sri Lanka Air Force (SLAF), has turned out to be a fraudulent document.

The FCID has said that the Ukranian Prosecutor General has confirmed that there has been a financial misappropriation in the deal. Funds from the SLAF have gone to Bellimissa Holdings Limited. This company, as periodically revealed by the Sunday Times, only had an office address, with a chair and a table, in London. From there, the funds have been remitted to a secret account in the British Virgin Islands where the company had been incorporated.

In reality, the agreement with Ukrinmarsh has been with the Singapore based D.S. Alliance, which had supplied MiG-27 fighter jets to the SLAF earlier too. D.S. Alliance Managing Director Lee Than Soo (T.S. Lee) has been the main player in Bellimissa Holdings Ltd.

FCID investigations have revealed that Dmitry Alexandrovich Perugudov, then a Director of Ukrinmarsh, had signed on behalf of Ukrinmarsh. He had fled Ukraine thereafter. The Ukrainian authorities tracked him down at a Paris address and arrested him.

Highlights of the FCID findings appear in a box story in the political commentary
On a bitterly chilly wintry morning in the Ukranian capital of Kiev last year, an investigation team from the Financial Crimes Investigation Division (FCID) sat down to a conference with officials. Present were the country’s Prosecutor General and top officials of Ukrinmarsh, the state agency that exports military products and related equipment.

The FCID team leader, Senior DIG Ravi Waidyalankara, who is the head of the FCID, asked a senior official of Ukrinmarsh about the sale to Sri Lanka of MiG 27 fighter jets and a trainer to the Sri Lanka Air Force. “What sale?” he asked and exhorted “there has been no sale of any MiG-27 aircraft to Sri Lanka from us. There never was.”

How then did claims arise that there has been a “Government-to-Government” deal to procure these MiG-27s in 2006? In fact, a voluminous document said, “CONTRACT BETWEEN THE SRI LANKA AIR FORCE FOR AND ON BEHALF OF THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA AND M/S STATE SELF-SUPPORTING FOREIGN TRADE AND INVESTMENT FIRM ‘UKRINMARSH’ (SUBSIDIARY OF ‘UKRSPECTSEXPORT”) UKRAINE”

The answer – the so called contract of July 26, 2006 is fictitious and was not the real one. So is the reference in the fake contract to a Designated Party – Bellimissa Holdings Ltd., 2nd Floor, 145-157 St. John Street, London. This was just an office with a desk and a table and fund remittances ended up in a secret bank account in British Virgin Islands (BIV).

These are the startling findings made during a near three-year long investigation into the reported procurement by the Sri Lanka Air Force (SLAF) of four MiG-27 aircraft (costing US$ 9.848 million), overhauling three more MiG-27s and one 23 UB trainer (costing US$ 4.128 million) plus a transport cost of US$ 700,000.

The fake agreement listed the Commander of the Air Force as the buyer and the seller as Ukrinmarsh. Not only did Ukrinmarsh deny selling any MiG 27s to the SLAF at anytime, but the FCID investigations have now revealed that they did so to Bellimissa Holdings Ltd. which ran from a dead letter address in London. Confirming this fact was official documentation forwarded by BVI Financial Investigation Agency’s Dirk Walters regarding Bellimissa Holdings (Pvt.) Ltd. Their report to the FCID has also been authenticated by BVI Attorney General Department’s, Sarah Potter-Washington. Bellimissa Holdings have been registered at the Offshore Incorporation Centre, Tortola, British Virgin Islands.

The Directors of this company are named as Lee Thian Soo (Singapore National Registration Identity Card No 1180208 G) and NG Lay Kim Soo (NRIC No 1426375). The company secretary has been named as Lymkim Lark (NRIC No 80079880 F).

On May 23, 2006 the two directors have moved amendments to the Memorandum of the Company to include sale and repairs of military and security equipment, explosives, firearms, ammunition, aircraft, warships and electronic equipment. Who are these Singaporean nationals involved in the MiG-27 deal? Lee Thian Soo has been the Managing Director of D.S. Alliance, Singapore – the company which had previously supplied MiG-27s under a contract with the SLAF.

The FCID has found that the Ukrainian authorities had signed two different agreements with D.S. Alliance (through Bellimissa Holdings) to which the Sri Lanka Air Force has made payments. Bellimissa Holdings had in fact been a front company of D.S. Alliance. An FCID report said, “it has been observed that the Director of Ukrinmarsh Dmitry Alexandrovich Perugodov, Sri Lanka’s Former Ambassador to Russia Udayanga Weeratunga, the Singaporean company D.S. Alliance Pvt Lte Managing Director Lee Thian Soo (T.S. Lee), Bellimissa Holdings Ltd. representative Kykola Kuldyrkaive and Sri Lanka Air Force officers have been involved in the financial misappropriation and conspiracy and aiding and abetting in misappropriation.”

Investigations have revealed that “a total payment of US$ 15,665,437.24 has been paid by the Sri Lanka Air Force under agreement SLAF/2006/07/AIR to Bellimissa Holdings Ltd. The agreements between D.S. Alliance Pvt Lte and Ukrinmarsh (certified copies of which have been obtained by the FCID), has been for US$ 7,833,000. Accordingly, FCID investigations have revealed that Udayanga Weeratunga, together with the others who have been identified by them, have caused a loss to the Sri Lanka Government amounting to US$ 6,831,344.24 due to financial misappropriation.

On Friday, the Fort Magistrate Lanka Jayaratne issued an open warrant for the arrest of Udayanga Weeratunga. Whilst trying to travel from Dubai to the United States of America, using Sri Lankan Passport No D 3643585 which has been blacklisted by the Controller of Immigration, he was detained at the Dubai Airport. The passport was taken into custody. Details of this passport were revealed exclusively in the Sunday Times (political commentary) of May 8, 2017

At that time, only an Interpol ‘blue notice’ had been issued. He had been released on the grounds that he presents himself when required. His fingerprints, address and telephone numbers had been obtained and the passport confiscated. In the meantime on February 12, Weeratunga had been asked to report to the Criminal Investigation Department in Dubai. He had not done so. His phone number had been disconnected and no one had been present at the address given.

D.A. Perugudov, who signed the agreement on behalf of Ukrinmarsh had later disappeared from Ukraine. After a worldwide search, Ukranian authorities located him at an address in Paris. He has since been arrested by the Ukranian authorities. The FCID has obtained a string of court orders to prevent Weeratunga from selling or transferring of property in the Gampaha District, an apartment complex in Colombo and is awaiting details of a remittance of over Rs 20 million to a local bank account. Among the countries in which searches for his foreign bank accounts are now under way are the United States, Hong Kong, Singapore and Latvia.

The ‘original’ fake agreement (SLAF/2006/07/Air) has gone missing from Air Force Headquarters. The FCID has already fixed responsibility on an officer who has been identified. The FCID is now in consultation with the Attorney General’s Department on the action that has to be taken with regard to this particular officer. The FCID has, however, obtained another certified copy of the same fictitious agreement which has been filed in court as a production.

It was the Sunday Times that exclusively revealed the MiG-27 deal during a series of exposures starting in 2006.

Sunday Times

THE ILLUSORY EXECUTIVE PRESIDENCY

2018-03-19 
The near hysterical response to the local election results, by parliamentarians and the media alike, demonstrated an unfortunate lack of understanding of the Constitution of our country. This was evident especially regarding the powers of the President. The office of President today is not that which was established by President Jayewardene in 1978. Nor are the powers of that office the same or even similar. The 19th Amendment [19A] stripped the Presidency of nearly all the executive powers which President Jayewardene invested himself with. The President today is, in many respects, a constitutional Head of State who is required to act on the advice of the Prime Minister, similar to the Presidency under the 1972 Constitution.  


Appointment of Prime Minister

This is the most important function of a Head of State, be it a Queen or President. In the United Kingdom, its exercise is regulated by convention. In Sri Lanka, Article 43 of the Constitution requires the President to appoint as Prime Minister “the Member of Parliament who in his opinion “is most likely to command the confidence of Parliament”. No petition with signatures, or even a vote of confidence in Parliament, is required. The 1972 Constitution contained an identical provision.  


Removal of Prime Minister

The 1978 Constitution originally stated that the Prime Minister may be removed from office “by a writing under the hand of the President”. The 19A deleted that provision. Instead, it provided that the Prime Minister and the Cabinet of Ministers cease to hold office by operation of law only if Parliament (i) rejects the Statement ofGovernment Policy; (ii) rejects the Appropriation Bill; or (iii) passes a vote of no-confidence in the Government. (A motion of no-confidence in the Government is moved by the Leader of the Opposition and is different from a motion of no-confidence in the Prime Minister which, in parliamentary practice, is a private member’s bill of low priority). It would appear therefore that, once appointed, the Prime Minister may not be removed from his office by the President. An issue may arise due to the applicability of the Interpretation Ordinance to the 1978 Constitution. Section 14 of that Ordinance states that, in any law, for the purpose of conferring the power to dismiss, it is sufficient to confer the power to appoint. Whether Parliament overlooked the Interpretation Ordinance in the tumultuous circumstances in which the 19A was debated and passed, is not clear. It may also be argued that the Constitution overrides section 14. In any event, if the President were to dismiss the Prime Minister, he may do so only if he is of the opinion that the Prime Minister “most likely” does not command the confidence of Parliament, and that some other Member of Parliament does. In such event, that other person should immediately be appointed 
Prime Minister.   


Establishing ministries

The President “determines the number of Ministers of the Cabinet of Ministers and the Ministries and the assignment of subjects and functions to such Ministers” (Article 43). In performing this task, he is required to act “in consultation with the Prime Minister, where he considers such consultation to be necessary”. In regard to the number of Ministers, the President is constrained by the constitutional provision (Article 46) that Ministers of the Cabinet of Ministers shall not exceed thirty; and Ministers who are not members of the Cabinet of Ministers and Deputy Ministers shall not, in the aggregate, exceed forty”. Parliament may increase these numbers in a situation where “the recognized political party which obtains the highest number of seats in Parliament forms a National Government”.   
A coalition government is not a National Government. The expression “National Government” was defined by the 19A to mean “a Government formed by the recognized political party which obtains the highest number of seats in Parliament together with the other recognized political parties”. Therefore, a National Government exists only when all the other recognized political parties represented in Parliament are included in it, and not merely some. An interesting question that arises is whether all the recognized political parties represented in Parliament are indeed included in the current so-called National Government. If not, did the President act in violation of the Constitution when he created more than thirty Ministries?  
Determining the Ministries and the assignment of subjects and functions to Ministries is the other responsibility of the President. This is a task that, in the past, was usually performed by senior public officials, depending on the number of Ministries that were to be created. There is little room for flexibility in performing this task since the subjects to be assigned to Ministries often remain the same; for example, Defence, Foreign Affairs, Justice, Finance, Education, Health, Agriculture, Industries, Trade, etc.  

"The President today is, in many respects, a constitutional Head of State who is required to act on the advice of the Prime Minister, similar to the Presidency under the 1972 Constitution"

Appointment of ministers, deputy ministers

The 19th Amendment made a very significant change in the power of appointing Ministers and Deputy Ministers. Previously, the 1978 Constitution empowered the President to exercise that power “in consultation with the Prime Minister where he considers such consultation to be necessary”. The 19A now requires him to act “on the advice of the Prime Minister”. By empowering the Prime Minister to determine the composition of the Cabinet of Ministers, and to advice the President accordingly, an important executive power of the latter was removed. It restored the position that existed under the 1972 Constitution when the President was a constitutional Head of State who acted on the advice of the Prime Minister.  


Removal of ministers, deputy ministers

The 1978 Constitution originally provided that a Minister or a Deputy Minister may be removed from office “by a writing under the hand of the President”. The 19A deleted that provision. In its place was substituted a provision which states that a Minister or Deputy Minister may be removed from office “under the hand of the President on the advice of the Prime Minister”. Therefore, the process of removing a Minister or Deputy Minister now has to be initiated by the Prime Minister, and in making a removal order the President is required to act on the Prime Minister’s advice. Thereby, the position under the 1972 Constitution has been restored.  


The power to reshuffle

Article 43(3) states that the President may, at any time, change “the assignment of subjects and functions” and “the composition of the Cabinet”. He exercises this power on his own, not on the advice of the Prime Minister, or even in consultation with the Prime Minister. Whether Parliament, in the stormy late-night session in April 2015 when amendments were flung at each other from both sides of the floor, retained this 1978 provision deliberately or inadvertently, is not known. How the President can change “the composition of the Cabinet” on his own when he can neither remove a Minister nor appoint a new Minister except on receiving the advice of the Prime Minister, is incomprehensible. The same applies to the “assignment of subjects and functions” which, in Article 43(1), requires to be done “in consultation with the Prime Minister”. In fact, if the President were to decline to assign a particular subject to a serving Minister (as was recently reported in the media), the solution would appear to be for that Minister to resign from the Cabinet and be re-appointed, on the Prime Minister’s advice, as the Minister in charge of that contentious subject.  


Dissolution of parliament

The 1978 Constitution originally empowered the President to exercise his executive power to dissolve Parliament at any time after the first year following a general election. The 19A removed that power. The President may now dissolve Parliament only in the last six months of its five-year term. If he wishes to do so earlier, he needs to obtain the consent of Parliament expressed through a resolution passed by not less than two-thirds of the whole number of its members voting in favour.  

"A coalition Govt is not a National Govt. The expression “National Govt” was defined by the 19A to mean “a Govt formed by the recognized political party which obtains the highest number of seats in Parliament"


Appointment of Chief Justice, Superior Court Judges

The 1978 Constitution originally provided that the Chief Justice, the President of the Court of Appeal and every other Judge of the Supreme Court and Court of Appeal shall be appointed by the President by warrant under his hand. The 19A removed that executive power. The President may now make any such appointment only if he has previously obtained the approval of the Constitutional Council of which the Prime Minister is a member.  


Appointment of senior Govt. officials 

The 1978 Constitution originally vested the President with the executive power of appointment of the Attorney General, The Auditor General, the Ombudsman, the Secretary-General of Parliament and the Commissioner of Elections. The 19A removed that executive power. The President may now not make any such appointment without obtaining the prior approval of the Constitutional Council. In fact, the appointment of the Commissioner-General of Elections is now made, not by the President, but by the Elections Commission with the approval of the Constitutional Council. Curiously, the power of appointment of Secretaries to Ministries, which was vested in the President by the 1978 Constitution, remains intact. However, once appointed, a Secretary is subject to the direction and control, not of the President, but of his or her Minister.  


Appointment of independent Commissions

The 1978 Constitution originally vested in the President the power of appointing several independent commissions including the Public Service Commission, the Judicial Service Commission, the Bribery Commission, the National Police Commission and the Human Rights Commission. The 19A removed that executive power. The President may make appointments to these and other independent commissions only on the recommendation of the Constitutional Council. Even in the matter of establishing the Constitutional Council, where the President is entitled to appoint five members, he is required, in so doing, to accept the nominations of the Prime Minister and the Leader of the Opposition.  

Immunity of President

Under the 1978 Constitution, as originally enacted, no proceedings could be instituted against the President in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity. The 19A now permits any person to challenge the President’s official acts or omissions in the Supreme Court by invoking its fundamental rights jurisdiction.  


President’s residuary executive powers

The President, of course, has residuary executive powers which every Head of State possesses. He is the Commander-in-Chief of the Armed Forces and Head of the Executive, as President William Gopallawa was under the 1972 Constitution. He may declare war and peace, but since Heads of State do not personally lead their armies into battle in the modern world, his decision to declare war will require the acquiescence of not only the Prime Minister but also several other state agencies. He may appoint and accredit an ambassador, but only if the Ministry of Foreign Affairs has secured the agreement of the receiving state. The recent fiasco involving the Defence Attaché in London, when the President reportedly overruled the Foreign Minister’s instructions that the officer concerned should return home immediately, demonstrated a lack of knowledge of the Vienna Convention on Diplomatic Relations. Under that Convention, whenever the receiving state notifies that a member of the diplomatic mission in unacceptable, that member has to return home. The President has the power to pardon any convicted offender, or substitute a less severe form of punishment, but that power has traditionally been exercised on the advice of the Minister of Justice. Finally, the President of Sri Lanka is constitutionally vested with a unique power, without precedent in the constitution of any other country; that is, to appoint President’s Counsel. In exercising that power, he is not required to obtain anyone else’s advice.   


President’s remaining executive powers

The 19th Amendment, whether deliberately or inadvertently, left intact certain powers which the 13th Amendment had vested in the President. These relate to provincial administration. The President appoints a Governor for each province. Where there is a failure of its administrative machinery, the President may, upon being so informed by the Governor, assume to himself the powers of the Governor for a period of 14 days; the powers of the Provincial Council passes to Parliament which may, in turn, confer such powers on the President who may, in turn, delegate such powers to any other authority.   
The 19A, probably inadvertently, left intact the provision in the Constitution which deemed the Public Security Ordinance of 1947 to be a law enacted by Parliament. Consequently, it is the President who, under that Ordinance, decides whether to declare a state of public emergency, and it is the President who makes emergency regulations. However, a proclamation declaring the existence of a state of public emergency lapses in 14 days unless Parliament by resolution approves it. Therefore, unless the President had acted with the concurrence of the Prime Minister, his proclamation will necessarily be short-lived.   


Conclusion

While politicians belonging to all the parties vociferously argue that the executive presidency should either be retained or abolished, they appear to have overlooked the fact that the executive presidency established by the 1978 Constitution no longer exists. The 19A has effectively abolished it. The President, of his own volition, cannot choose the Ministers. He cannot remove any Minister from office except on the advice of the Prime Minister. He cannot dissolve Parliament at a time of his choosing. Acting alone, he cannot appoint Judges, Senior Officials or the independent Commissions. The Presidency has been stripped of all these fundamental executive powers. In respect of all these matters, he is essentially a constitutional Head of State.  
Therefore, the question arises as to whether an expensive, divisive, nation-wide election is required to elect the next President, merely because he still possesses a few, relatively unimportant powers in respect of provincial administration and the appointment of President’s Counsel. Following the example of countries such as India, should not Parliament, or an Electoral College, elect the next President? Following the example of several other Commonwealth countries, is it not time for Sri Lanka to have a distinguished, non-political, unifying figure, acceptable to all communities, as its Head of State?

President’s Backflip Toward Rajapaksa Camp Summons Ranil’s Reserves To Meet The Challenge

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Shyamon Jayasinghe
“Yet, the President refuses to act and the PM has to pretend to be acting.”
Keeping a Facade
Ranil Wickremesinghe, Prime Minister of Sri Lanka, is hard put to it in meeting the very strenuously intricate challenge foisted upon him by his partner in the yahapalanaya government-President Maitripala Sirisena. Inasmuch as Mahinda Rajapaksa never calculated Maitripala’s secretive cross- over after the hopper feed, Ranil even with his more mature political experience, has been taken aback by the Maitri tilt into the lap of the Rajapaksa family.
In public, we notice that Ranil pretends nothing serious has happened between the two of them and that everything is business as before; however, the discerning eye can spot his deep concern. He has to pretend in order to keep a facade going as far as it goes since the alternative is that the government becomes dysfunctional and consequently incurs the wrath of the people who do not possess the political literacy to read into the lines and to make way for margins of tolerance. The Prime Minister or his party men must keep their mouths closed. The latter’s explanation for the bad showing of at the local government elections never mentions as cause the President’s outrageously public assault on them during the hustings. What if the President walks out without taking cabinet decisions? The last time he did that, Rajitha told us that the President had disappeared to go for a call of nature. Nobody believed the story.
Deadlock
The result of this irresponsible retreat by the country’s Chief Executive is to transform the government, which has achieved some substantial gains, into a ghost of what it was before. Hard decisions cannot be taken and every offender has to be placated.
This deadlock was seen and is seen in the current ethnic crisis. Videos are out in social media showing BBS boss Galagoda Atte Gnanasara and other yellow- robers ( or are they robbers?) in planning sessions with extremist youth thugs, during the riots. Gnanasara is seen coming and going to the scenes of action. Gnanasara is treating court summons as nuisance calls or mosquito bites. Yet, nothing is ever done to these fellows. They have to be arrested immediately as they are plotters behind the ravage and the burning. The first step typically done in the event of riots of this nature is to arrest plotters because then the riots will then end there. This never happened and evil men like Gnanasara are permitted to roam at will brandishing their swords.
Link to Defeated Politicians
Many eye witnesses have given evidence that defeated politicians are behind this. The link between Gnanassara and the previous government has gone on record. This ugly monk emerged during the last stages of the previous regime and the former Defence Secretary is reported to have been present at the first AGM. Does one need a Stephen Hawkings to put the equation together? Besides, the previous regime took absolutely no action when Aluthgama was set on fire. Not a single enquiry. Not a single arrest. It is well—known that minorities, which includes the Muslims, are opposed to the Rajapaksa Sinhala-Buddhist dressing. At the last local government elections, too, the Muslims and Tamils did not vote for the previous regime. The Colombo Muslim mayoral candidate who came up from the Pohottuwa made a poor impression despite there being a sizeable Muslim population in the metropolitan, letting Rosy Senanayake of the UNP shoot into the Mayoral seat with a thumping majority of councillors on her side.
From this perspective, the timing of the recent riots soon after the local government elections is also terribly indicative of causation.
Yet, the President refuses to act and the PM has to pretend to pretend to be acting. The decisive and firm action that is urgently needed isn’t taken and the fires are let to burn themselves out in the course of time. Communities are set apart and divisive forces become active and dangerous ingredients in the national polity. Rioters are given a life. Sampanthan prophetically stated the other day that the Pohottuwa will give bloom to Eelam; I say, it will give birth to many Eelams.
Court Cases
One can reason out that the same course will be taken as regards the numerous serious court cases against prominent members of the previous regime. Nothing will be done about Lasantha; nothing about Thajudeen; nothing about the numerous cases of financial fraud and money laundering. Duminda, now in death row, will eventually find release.Let us not be deceived by the rhetoric of Sirisena or the pretence behaviour of Ranil Wickremaesinghe. Maitripala Sirisena has to defeat all the court moves; Ranil Wikremesinghe has to pretend that all is okay in the yahapalanaya front. Maitripala has to make room for Gotabhaya in 2020 in a deal that will presumably fashion him to wellness and safety.
 What goes on is a Drama of Good vs Evil
In this way, the alignment of the President with his erstwhile enemies the Rajapakses, have no doubt tilted the balance of power toward the latter. Concomitantly, it has weakened the government very badly.

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No-confidence motion against Prime Minister: Another political crisis waiting to happen

'Joint Opposition' and SLFP in fresh move as Sirisena returns to discuss this and other issues - Influential sections of 'JO' leadership wary but say will support motion
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Strong undercurrents are once again rocking the shaky relations between the two coalition partners — the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP).
This is notwithstanding a deceptive lull and momentary distractions. They were caused first by the ethnic violence in the central hills. Though the violence is now under control, despite solemn pledges to end it in a week, the State of Emergency continues creating confusion in world capitals, spawning in its wake the worst publicity in recent times for Sri Lanka and its rulers.
They are also still limping after shooting themselves in the foot over the ill-advised ban on the social media. The same leaders vowed when in Opposition not to destroy the ‘post office’ or ‘kill the postman’ merely because a man commits suicide after receiving a letter from an estranged girlfriend. Yet, the heat from the bad publicity was far too much to bear. Lost on them, is a possible overload of bad information in the weeks and months to come, swallowed either by arrogance of power or the ignorance of good governance.
The other was the absence of President Maithripala Sirisena from Sri Lanka. He was in New Delhi for the first international solar summit and then on a six-day state visit to Japan. There were paradoxes in his sojourn abroad. The political heat generated by the first phase of the ministerial reshuffle of UNP Ministers, as tame as it could be, drew public attention. The focus was on the next phase, the changes in portfolios of those in the SLFP. The deadline of two weeks passed. There was no word on it. In Japan, a highlight of the visit was a forum for investment where at least some of the movers and shakers of that country’s commerce and industry were present.

If those in the Sri Lankan side wished that would simply open the floodgates for Foreign Direct Investment (FDI), there is little doubt those on the opposite side also would have had their own wishes. That sure would have included hope that the ethnic violence did not occur in the Kandy District leading to the declaration of a State of Emergency. It did cast doubts on the country’s stability and how badly the law and order machinery worked. It also would have included hopes there was no quarrelling among coalition partners thus creating a conducive climate for investment. Alas, this was not to be. What would remain are memories of the social niceties extended to the Sri Lankan delegation and the colourful parades by the defence forces. Thus, another chapter would end. Sirisena was due in Colombo last night and will no doubt face a string of newer issues.

Last Tuesday, at the Borella residence of Tiran Alles, a former MP and businessman, a group of politicians met. They were representatives of the 'Joint Opposition' and the Sri Lanka Freedom Party (SLFP) which is led by President Sirisena. Among those representing the 'JO' were: Dullas Allahapperuma, Namal Rajapaksa, Mahindananda Aluthgamage and Vasudeva Nanayakkara. Those representing the SLFP included Minister Anura Priyadarshana Yapa, Minister Susil Premjayantha, State Minister Dilan Perera and Lakshman Wasantha Perera.

Moves to oust PM

The subject of discussion was on moving a Vote of No Confidence on Prime Minister Ranil Wickremesinghe. It was not lost on those who took part that the move was an uphill task and required a majority vote. That was to clear the first hurdle, in ousting the Premier. If it was the formation of a new Government thereafter, they had to demonstrate the support of 113 MPs in Parliament. In an apparent bid to ensure there was no egg on their face if the motion was defeated in Parliament, those present agreed that the motion should be sponsored jointly by the ‘JO’ and the SLFP. They also chose to explore whether even “two or three” UNP parliamentarians could be called upon to sign the motion. Some claimed that a handful had voiced support but their identities were being kept a secret.

One of the backers of the motion declared that it was to keep the news away from a ‘Mr Money Bags’ who was closely watching possible UNP defections. There were fears he may thwart them.

The gathering decided that signatories to the motion both from the ‘JO’ and the SLFP should first be prominent persons on both sides. Another move agreed upon is for the SLFP parliamentarians including Ministers to sign a letter to be handed over to President Sirisena upon his return. The letter is to convey that they would together support the Vote of No Confidence in Parliament since it was difficult for them to work with Premier Wickremesinghe in a Government. Though the sponsors argued their move would strengthen the hand of Sirisena, some ministers have so far shied away saying they would consult Sirisena first. That included Mahinda Samarasinghe and Sarath Amunugama.

Assuming some significance is the decision by the ‘JO’ leadership which met on Wednesday to endorse decisions made at the Alles residence. The de facto ‘JO’ leader Mahinda Rajapaksa, contrary to previous reports that he was not in favour of the motion, was supporting it. He told the Sunday Times “we will go ahead with the Vote of No Confidence against the Premier. Though it was originally planned by the Joint Opposition, we will now get the support of Government MPs too. We (SLPP) have only 52 MPs and we will require broad based support.” Asked whether any UNPers were among the signatories, Rajapaksa replied, “I am not sure. I have heard that there were three but I cannot confirm.”

President Rajapaksa said the collection of signatures from MPs had already begun. For the SLFP, the move, one of the sponsors said, was being spearheaded by Ministers S.B. Dissanayake, Susil Premajayantha, Deputy Speaker Thilanga Sumathipala and State Minister Dilan Perera. At least seven SLFP parliamentarians were told this week that their signatures would strengthen the hands of President Sirisena to ask Premier Wickremesinghe to step down.

The collection of signatures notwithstanding, the Vote of No Confidence is an uphill task. At the ‘JO’ leaders meeting, one source said, ‘minor’ changes were made to the proposed motion. In a bid to draw support from as many sections as possible, including those who are functioning as independents in Parliament, the catalogue of complaints against Wickremesinghe centres entirely on the Central Bank bond scam except for two issues — mismanagemen ot the economy and inaction over the ethnic violence in the Kandy District. They include:
  • For removing the Central Bank of Sri Lanka from the Ministry of Finance and bringing it under his purview.
  • For appointing Arjuna Mahendran, a non-citizen of Sri Lanka with a questionable reputation, as the Governor of the Central Bank of Sri Lanka.
  • For being openly associated with the bond scam which is the world’s biggest scam.
  • For making an attempt by appointing a Committee (Pitipana Committee) of political supporters to save wrong doers in the Central Bank bond scam.
  • For protecting wrong doers in the Central Bank bond scam by suppressing facts and making a misleading statement in Parliament on March 17, 2015.
  • For initiating moves to urge a member to resign and replacing him with another when the Parliamentary Committee on Public Enterprises (COPE) was probing the Central Bank bond scam.
  • For bringing pressure on members of the COPE that was probing the Central Bank bond scam.
  • For recommending to the Cabinet of Ministers the appointment of P. Samarasiri of the Central Bank for a post of advisor in the Ministry of Finance when there were indictments against him by the Commission of Inquiry that probed the bond scam.
  • For attempting to foist Arjuna Mahendran as the Governor of the Central Bank when the President was trying to appoint another.
  • For finding Arjuna Mahendran a post of Advisor when he was not re-appointed as Governor of the Central Bank.
  • For not taking action to prevent Arjuna Mahendran from leaving Sri Lanka and thus becoming a fugitive from justice.
What’s next?

Within the ‘JO’ itself, the signature campaign notwithstanding, there are reservations in some influential sections. If the motion is defeated, their share of the blame would be deflected since the motion is being projected as a collective effort. In the currently unlikely event of the motion being passed by a majority of just one vote, it raises new questions. No doubt, the passage of the motion would empower Sirisena to remove Premier Wickremesinghe from office on the basis that he no longer commands the confidence of the majority of the House. Who will be in a position to demonstrate that he or she has a majority of 113 in the 225-seat Parliament to form a new Government? Therein lies the rub. None of the key players – the ‘Joint Opposition,’ the SLFP or for that matter even the UNP — will be in a position to produce 113. Of course, the UNP is the largest party to win the parliamentary elections. The Tamil National Alliance (TNA) is likely to back the UNP if push comes to shove.

Moreover, unlike the previously spoken no-faith votes, the new motion does not seek to foist any person in the office of the Premier. Earlier, senior SLFP Vice President Minister Nimal Siripala de Silva was named. Would that pave the way for a fragile minority Government? Those entertaining reservations ask whether their support for a motion would fritter away the victory they achieved at the local polls on February 10, should they lose a vote in Parliament. Protagonists, however, argue they should not miss the opportunity of educating the people on the dire straits the country has been placed in. Continued silence, they argued, would worsen the country’s economy and make people suffer more.

Those entertaining reservations about the Vote of No-Confidence also argue that the move, if it fails, would only strengthen the UNP. They say that if the UNP chooses to sit in the Opposition, a new leader could take over and infuse new blood into the party. They would then have a stronger political foe. One of those who holds such a view is ‘JO’ Parliamentary leader Dinesh Gunawardena. He feels the UNP could close ranks to counter the motion and consolidate itself. Although the exact rationale behind the reasons to move the motion has not been spelt out, it is abundantly clear that the motion would lead to further instability in the Government as well as the country. Rajapaksa has made clear to Sri Lanka Podujana Peramuna (SLPP) followers that the party would contest the upcoming Provincial Council elections under the Pohottuwa or budding flower symbol.

That by itself is a message that it was not willing to be a part of the governing apparatus, yet. Creating the right atmosphere appears to have been the reason for the recent one-on-one between Sirisena and Rajapaksa at the residence of a close relative of the former. Though it did not entail a detailed discourse on political issues, the cordial atmosphere, made clear that degollo athara vairyak nehe or there was no acrimony between the two. That spoke volumes, the source familiar with details of the meeting said, adding that one has to be not naïve not to realise their respective political positions.

Beginning this week, Sirisena has a catalogue of unfinished tasks. One is to decide whether he would go ahead with the re-shuffle of his SLFP Ministers. Another is to decide whether or not to allow the Cabinet Committee on Economic Management (CCEM), which is chaired by Premier Wickremesinghe, to continue to function. He has already directed that all decisions of the CCEM be routed through the newly set up National Economic Council (NEC). This matter is expected to come up before the weekly ministerial meeting on Tuesday.

It is in this backdrop that he would have to view the letter from his own SLFP parliamentarians and ministers informing him that they would support the Vote of No-Confidence against Premier Wickremesinghe. Sirisena has made no secret of the fact that he is unable to work with the present Premier. He, in fact, called upon Wickremesinghe to step down only to be reminded that the Premier cannot be removed under the (19th Amendment to the) Constitution except by Parliament.

Senior SLFPers believe that Sirisena was likely to discuss with Wickremesinghe the new developments if he is convinced that a No-Confidence Vote will be carried through in Parliament by majority vote. This is to determine his position and whether he would step down. Otherwise, they say, it was likely that the motion would be put to test in Parliament. Whichever way it plays out, another political crisis is now waiting to happen.