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

Wednesday, April 11, 2018

Pope acknowledges his 'serious mistakes' in Chile sexual abuse crisis

Pope Francis gestures during the Wednesday general audience in Saint Peter's square at the Vatican, April 11, 2018. REUTERS/Remo Casilli

APRIL 11, 2018

SANTIAGO/VATICAN CITY (Reuters) - Pope Francis acknowledged on Wednesday that he had made “serious mistakes in judgment and perception” of the sexual abuse crisis in Chile, and would meet with victims and bishops in an attempt to heal wounds the scandal caused to the Catholic Church.

“I apologise to all those I have offended and I hope to be able to do it personally in the coming weeks, in the meetings I will have” with victims, he said in a letter to Chilean bishops that followed a visit to Chile by the Vatican’s top sexual abuse investigator.

Chile has been shaken by the case of Bishop Juan Barros, appointed by the pope in 2015 despite accusations that Barros had covered up sexual abuse of minors by his mentor Father Fernando Karadima.

Francis, who visited Chile in January, at first strongly defended Barros, saying he was the target of slander. Then the pope dispatched Archbishop Charles Scicluna of Malta, the Vatican’s top sexual crimes investigator, to Chile and New York to interview victims.
 
The pope told the bishops he wanted to discuss Scicluna’s findings with them and asked for their cooperation in order re-establish serenity in Chile’s Church and “repair the scandal as much as possible and reestablish justice.”

Reporting by Felipe Itturieta and Fabian Cambero in Santiago and Philip Pullella in Rome; writing by Caroline Stauffer; editing by Chris Reese and David Gregorio

The Right to Kill

Should Brazil keep its Amazon tribes from taking the lives of their children?


More than a decade ago, Kanhu left the homeland of the Kamayurá, an indigenous tribe with some 600 members on the southern edge of the Brazilian Amazon. She was 7 years old. She never returned. “If I had remained there,” Kanhu, who has progressive muscular dystrophy, told Brazilian lawmakers last year, “I would certainly be dead.”

That’s because her community would likely have killed her, just as, for generations, it has killed other children born with disabilities.

The Kamayurá are among a handful of indigenous peoples in Brazil known to engage in infanticide and the selective killing of older children. Those targeted include the disabled, the children of single mothers, and twins — whom some tribes, including the Kamayurá, see as bad omens. Kanhu’s father, Makau, told me of a 12-year-old boy from his father’s generation whom the tribe buried alive because he “wanted to be a woman.” (Kanhu and Makau, like many Kamayurá, go by only one name.)


Top and above: Kanhu in her Brasília home on March 6. (Michael Melo for Foreign Policy)
The evangelical missionaries who helped Kanhu and her family move to Brasília, the capital of Brazil, have since spearheaded a media and lobbying campaign to crack down on child killing. Their efforts have culminated in a controversial bill aimed at eradicating the practice, which won overwhelming approval in a 2015 vote by the Chamber of Deputies, the lower house of Brazil’s National Congress, and is currently under consideration in the Federal Senate, its upper house.

But what may seem an overdue safeguard has drawn widespread condemnation from academics and indigenous rights groups in the country. The Brazilian Association of Anthropology, in an open letter published on its website, has called the bill an attempt to put indigenous peoples “in the permanent condition of defendants before a tribunal tasked with determining their degree of savagery.”

The controversy over child killing has raised a fundamental question for Brazil — a vast country that is home to hundreds of protected tribes, many living in varying degrees of isolation: To what extent should the state interfere with customs that seem inhumane to the outside world but that indigenous peoples developed long ago as a means to ensure group survival in an unforgiving environment?


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In 1973, Brazil passed the Indian Statute, which groups indigenous individuals into three categories: those who live in complete isolation, those in limited contact with the outside world, and those who are fully integrated into mainstream society. The statute states that tribes such as Kanhu’s are only subject to federal laws depending on their degree of assimilation into Brazilian life. It is thanks to this language that indigenous people do not face prosecution for child killing.

The bill intended to crack down on the practice is informally known as “Muwaji’s Law,” after an indigenous woman who rejected her community’s expectation that she kill her disabled daughter in 2005. If the bill passes the Senate, it will be tacked on as an amendment to the Indian Statute and require the government agencies that oversee indigenous communities to take a series of proactive measures. One will be the creation of an up-to-date registry of certain pregnant women so that the government can keep an eye on those (such as single mothers or women carrying twins) whose newborns might be targeted for death by their tribes. Another measure will require that the public prosecutor’s office be notified immediately of reports of human rights violations committed against newborns or any other stigmatized members of indigenous communities, including the elderly. The amendment also stipulates that any citizen who learns that an indigenous person’s life or safety is at risk but does not report it to the authorities will “be penalized under the applicable laws.”

In 2007, the bill was introduced by then-congressman Henrique Afonso, a member of Brazil’s evangelical caucus and the then-ruling Workers’ Party. It immediately created tensions between those who champion universal human rights, which prioritize the individual, and those who support cultural relativism, which favors the freedom of communities to organize themselves according to their own moral codes.

This dichotomy is actually built into the country’s 1988 constitution, which extends “the inviolable right to life” to everyone within the country’s borders while also safeguarding “indigenous peoples’ social structure, customs, languages, beliefs and traditions.” The ratification of the constitution, after decades of dictatorial rule, was a watershed moment for the state’s attitude toward indigenous peoples. (The Indian Statute, ratified under military rule, by contrast, opens by specifying its intent to “integrate them, steadily and peacefully, into the national fold.”) Now, no longer would a multiplicity of tribes be forced to conform to external values. Tribal cultures and worldviews were suddenly granted, and understood to be worthy of, their own protections. But the unresolved contradiction in the constitution has forced subsequent generations of lawmakers to grapple with the question of how to deal with indigenous practices outsiders see as inhumane.

A Kamayurá man and his children outside their village in Mato Grosso, Brazil, on June 6, 2009. (Damon Winter/The New York Times)

The extent of child killing by indigenous groups today is difficult to measure. Brazil’s National Indian Foundation, better known by its shortened Portuguese name Funai, does not collect data on child-killing rates and resists publicly acknowledging the phenomenon. When pressed, the foundation maintains that the practice affects a negligible fraction of the total indigenous population. The Brazilian Association of Anthropology says child killing is in decline. To bring up the issue at all, Funai said in a 2016 press release, “is in many cases an attempt to incriminate and express prejudice against indigenous peoples.”

A missionary organization that tracks child killing estimates that some 20 groups, out of the more than 300 indigenous peoples in Brazil, engage in the practice. As of the most recent census, conducted in 2010, the number of indigenous people in Brazil was 897,000 — one-half of 1 percent of the total population of 191 million.

The scarcity of data may be due to underreporting. In 2014, when the Latin American Institute of Social Sciences published a “Map of Violence” report charting killings across Brazil, the municipality with the highest relative homicide rates in the country was Caracaraí, an Amazon town of 19,000 residents, many of whom belong to the Yanomami tribe. The unexpected first-place ranking reflected the first-ever inclusion of data on indigenous infants, Amadeu Soares, the state secretary of public safety, told reporters at the time. “It is the culture of indigenous peoples to sacrifice children who were born with some problem, some deficiency,” he said. Yet Soares demanded that the authors remove Caracaraí from the top spot, arguing that the homicide rates were inflated by deaths outside of his jurisdiction. (The study’s authors did not comply.)

Critics argue that this countrywide debate over the rights of indigenous Brazilians, begun by evangelical missionaries, has sinister parallels to the country’s colonial history and the violence experienced by the indigenous at the hands of outsiders — violence that continues to this day.

 In a public rebuke to Muwaji’s Law, the Brazilian Association of Anthropology compared it to “the most repressive and lethal actions ever perpetrated against the indigenous peoples of the Americas, which were unfailingly justified through appeals to noble causes, humanitarian values and universal principles.”

One anthropologist at Funai, who asked not to be identified because he is not authorized to speak on behalf of the foundation, argues that child killing among indigenous peoples must be understood in the context of the Amazon’s incredibly harsh environment. The anthropologist, who conducted years of fieldwork on Brazil’s border with Venezuela, says he heard stories about child killing, which were difficult and tragic. But he says the context is critical. “Something like a misshapen leg can seem like a small thing for us,” he says, “but it’s not so simple for them.” Surviving in the jungle could prove an insurmountable hurdle for these children, leaving them, in the anthropologist’s words, “doomed to failure.”

But many Brazilians find it unacceptable that the government would allow tribes to kill disabled children in the name of cultural preservation, rather than let the state provide them with medical treatment.

“Brazil is free to debate the issue academically in universities,” says Maíra Barreto, a human rights lawyer who wrote her doctoral dissertation on the legal and bioethical questions raised by indigenous child killing. While the 1988 constitution introduces a conflict between the individual’s right to life and the right of indigenous peoples for self-determination, Barreto points out that the country has since ratified international treaties that seek to bridge relative and absolute approaches to indigenous rights.


Márcia and Edson Suzuki walk with their adopted daughter, Hakani, on the Navajo reservation in Arizona where they now live and work as linguists, on March 7. (Jake Bacon for Foreign Policy)
She is referring in part to the Indigenous and Tribal Peoples Convention, ratified by Brazil in 2002, which stipulates that indigenous peoples “shall have the right to retain their own customs and institutions, where these are not incompatible with fundamental rights defined by the national legal system and with internationally recognised human rights.”

According to Barreto, under international law the way forward is obvious. “Certain cultural practices here are incompatible with human rights,” she says. “They need to be thwarted. There’s no middle ground.”

Barreto is a board member of Atini, an evangelical nonprofit that, on its website, describes itself as “internationally recognized for its pioneering work in defense of indigenous children’s rights.” Founded in 2006 by Márcia Suzuki and her husband, Edson, missionaries who spent decades living among isolated indigenous groups, the organization operates a shelter in Brasília for indigenous parents who escape their communities in order to preserve the lives of their children who would otherwise have been slated for death. The organization also leads an awareness campaign surrounding indigenous child killing. Its members were advisors for the drafting of Muwaji’s Law.

Their advocacy surrounding child killing began unintentionally, Suzuki says. In the late 1990s, she and her husband was living among the Suruwaha — a tribe with fewer than 200 members that first made contact with the outside world in the 1970s — in order to study their language. (Atini, according to the Suzukis, means “voice” in the Suruwaha language.) Some critics say the couple was also there to proselytize.

The tribe had long practiced both suicide and child killing. The former is an essential part of its cultural tradition and is considered a spiritually desirable death, while the latter has served as a form of population control.

At one point during the Suzukis stay with the Suruwaha, the tribe apparently decided that two children who did not appear to be developing properly should die. The children’s parents committed suicide rather than kill the two. The tribe then buried the children alive anyway, as was the custom, Suzuki says. One, a girl named Hakani, survived the ordeal but was subsequently left to die by starvation. Her older brother kept her alive for a few years, smuggling her scraps of food, before eventually depositing her at the Suzukis’ feet.

“We got in touch with Funasa by radio,” Suzuki says, referring to the government agency that oversaw health care in indigenous territories at the time. “We told them, ‘There’s a kid here who’s dying.’” A month went by without the health service retrieving the young girl. “They would say, ‘This is really complicated. To take the child out of there would cause her to lose her culture,’” Suzuki recalls. “And I’d say, ‘Either she loses her culture or she dies.’”


Hakani holds a photo of herself as child, when she still lived with the Suruwaha, on March 7. (Jake Bacon for Foreign Policy)

In 2000, the Suzukis decided to take Hakani, then 5 years old, for treatment themselves. After a long boat ride, they took a chartered flight to Porto Velho, the capital of the state of Rondônia in northern Brazil. There, she was diagnosed with hypothyroidism, a treatable condition. The Suzukis nursed her back to health and then attempted to return her to her tribe. “We wanted to show them that she was not cursed,” Suzuki says. “But nobody wanted her.” With Hakani’s parents gone, “nobody wanted to take care of her.” So the Suzukis chose to adopt her.

Suzuki may have believed her actions were altruistic, but they triggered a recommendation by the public prosecutor’s office in the state of Amazonas in 2003 that all nonindigenous people be banned from the land inhabited by the Suruwaha. The prosecutor also noted that the Suzukis had never sought the requisite authorization to live with the tribe.

A report by the anthropologist Marcos Farias de Almeida undergirding the public prosecutor’s injunction charged the Suzukis with advocating for Western values to the detriment of those held by the Suruwaha. By removing Hakani, the Suzukis “stood in the way of the realization of a cultural practice filled with meaning,” Almeida wrote. Bringing her back once she was healthy resulted in a “big mistake.” That was the “introduction in the Suruwaha’s symbolic universe of a possible resolution to a problem, in their lives, by means other than those under their control by traditional practices.” In other words, according to Almeida’s report, the Suzukis had done irreparable damage to the Suruwaha way of life by showing that certain physical disabilities didn’t necessitate killing. (Elsewhere in the report, Almeida lamented that the Suzukis, having encouraged a Suruwaha man to get medical treatment for his chronic pain, kept him from resolving the problem the way he originally intended, which was to commit suicide.)

Suzuki agrees that taking Hakani back to the tribe one year later disrupted the Suruwaha worldview — although she considers that a positive development. Because of what happened to Hakani, Suzuki says, other parents began to seek help. In 2005, two Suruwaha families requested medical assistance for their children. They were airlifted out of the Amazon and eventually taken to São Paulo, Brazil’s largest city, where they received treatment. The missionaries were summoned before a congressional hearing in December 2005 to explain their role in the affair. The Suzukis testified that Funasa had provided them with the necessary authorization to travel out of the state. (Funasa never explicitly confirmed the claim.)


Kanhu and her family in their Brasília neighborhood on March 6. (Michael Melo for Foreign Policy)
The conversation about child killing in indigenous tribes goes back far enough that it is now possible to discuss the issue with some of the children themselves.

Kanhu and her family left their tribe around 10 years ago with the Suzukis’ help. Today, the family lives in a modest house on the outskirts of Brasília. Adapting to their new reality hasn’t always been easy.

“I had never been around people who weren’t my own. I was terrified. I didn’t even know how to speak,” Kanhu says, recalling her first weeks away from the Amazon. “The food was strange, the clothes too. Everything was so weird.”

Kanhu’s parents express sadness for having abandoned their way of life. “Everyone here stays shut off in separate spaces,” her father, Makau, says, pointing to the rooms in their house.

Now in her last year of high school, Kanhu wears her hair in a stylish bob with a ring in her nose; she’s considering higher education and uses a wheelchair.

In May 2017, Kanhu gave an impassioned speech during a congressional hearing on disability rights. “When the subject of child killing comes up, there are people who will say, ‘Oh, but that’s their culture. We have to respect it.’ Folks, for God’s sake! A culture that involves the death of innocent people has to stop,” she said. “It’s sad to think about how we are ignored. You abandon us, you pretend we’re invisible, since we’re way out there in the middle of the jungle. You pretend that we’re nothing and use the culture excuse. I ask you one more time to rethink that. We’re here.… We’re screaming for help. We’re screaming for rights.”
Cleuci de Oliveira is a journalist based in Brasília, Brazil. (@CLEUCl)

Tuesday, April 10, 2018

Mother seeks justice for slain Sri Lankan journalist 

Sahadevan Niluckshan was among many Tamil media workers who lost their lives during the island's brutal civil war

Mother seeks justice for slain Sri Lankan journalist 
Selvarani Sahadevan wants her son's killers brought to justice but has received little encouragement in the 11 years since he died. (Photo by Niranjani Roland/ucanews.com)
UCANEWSSelvarani Sahadevan is still seeking justice for her son nearly 11 years after he was shot dead by unidentified gunmen in Sri Lanka.
The retired principal of Jaffna Hindu Primary School made a formal complaint to the Sri Lanka Human Rights Commission in 2007 to bring the perpetrators to court but has still had no positive response.
Sahadevan Niluckshan, a 22-year-old media student at Jaffna University's media research and training center, was murdered on Aug. 1, 2007, by gunmen on a motorcycle in front of his house in Kokuvil West in Jaffna. The city had a heavy military presence and a curfew because of the civil war (1983-2009) at that time.
His mother said Niluckshan had always opposed his family's plan to leave Sri Lanka to escape the war, killings and abductions.
He started his journalism diploma in 2006 and was editor of Chaalaram, a magazine published by Jaffna's Student Federation. 
He attended an event to mark the anniversary of the death of journalist Tharaki Sivaram, who was abducted and killed by four unidentified gunmen in 2005.
"My son had leadership qualities to organize many events, which made others misunderstand," said Sahadevan.
"Maybe the military thought that Sivaram's death should not be commemorated. This event was also a reason that the military misunderstood my son as an LTTE [Liberation Tigers of Tamil Eelam] supporter, which led to this shooting.
"My son was innocent. His death certificate mentioned that death occurred from brain damage and shock due to the shots.
"The culprits who were behind this killing should be punished. Many Tamil journalists were killed but still there is no justice."
Sahadevan Niluckshan (right) was shot dead in 2007 by unidentified gunmen outside his home in Jaffna. (Photo by Niranjani Roland/ucanews.com)

Human rights lawyer and Niluckshan's friend Suhash Kanagaratanam said the student was involved in many awareness programs.
"We both studied political science. We always argued for justice and we made students aware of racism and Tamil nationalism," said Kanagaratanam.
"During that period, the media couldn't write the truth. If anyone wrote the truth, he would be threatened or killed. I lost my friend."
Ananth Palakidnar, president of the Tamil Media Alliance, said all cases involving journalists should be properly investigated.
"Niluckshan was an upcoming young journalist. He had written several articles as an independent journalist," said Palakidnar.
"The Tamil Media Alliance always pressurizes the government to investigate all these killings and disappearances. The government should allow the media and media personnel to carry out their duties in a free manner." 
Jaffna University awarded a gold medal in memory of Niluckshan to a media studies student for excellence in journalism.
Niluckshan was also honored as a journalist who lost his life in the line of duty by the Editors' Guild of Sri Lanka in association with Sri Lanka's Press Institute in 2008.

NPC protests Sinhalisation and land grabs in Mullaitivu under Mahaweli scheme

Home10Apr 2018

Councillors from the Northern Provincial Council staged a protest on Tuesday, after the council passed a resolution last week condemning state sponsored Sinhala settlements in Mullaitivu and across the Vanni.
Members of the NPC members held a protest outside the Mullaitivu DS office, calling on the Sri Lankan President to intervene against Sinhalese settlements in the district.
The NPC “unanimously decided to express the Council’s deep concern over the settlements in the Mullaitivu and Vanni districts by people from outside these areas,” read a letter from C. V. K. Sivagnanam, chairman of the NPC.
“It appears that these settlements, which would disturb the demographic pattern of these areas are taking place under guise of Mahaweli System L settlements,” he added. “It is detrimental to the attempts to create a conducive situation for national reconciliation.”
See the full text of his letter to the Sri Lankan president below.
 

SRI LANKA: RAJAPAKSA’S JO SAYS MILITARY OFFICER ARRESTED TO APPEASE TNA


Sri Lanka Brief09/04/2018

The Joint Opposition (JO) has alleged that the recent arrest of former Army Chief of Staff and head of Directorate of Military Intelligence (DMI) Maj. Gen. Amal Karunasekera over his alleged involvement in the abduction and assault on The Nation Deputy Editor Keith Noyahr was connected to the Tamil National Alliance (TNA) agreement with the UNP to save its leader Ranil Wickremesinghe from the no-faith motion moved on April 4, reports  Shamindra Ferdinando of The Island.

The rest of the report fellows.

Noyahr was abducted and assaulted in late May 2008.

Gampaha District MP and JO spokesman Sisira Jayakody has said so when The Island strongly objected to Jayakody accusing the government of taking up cases in higher courts instead of settling them in Samatha Mandalayas (mediation boards).

Karunasekera has been remanded till April 18 pending further investigations carried out by the CID. The Island sought an explanation from Jayakody as to why he felt abduction of Noyahr as well as the assassination of The Sunday Leader Editor Lasantha Wickrematunga in early January 2009 could be settled at a mediation board.

Jayakody insisted that the UNP-Sirisena government was targeting selected group of officers and men responsible for the successful execution of military operations. Karunasekera was among the targeted officers, the MP alleged.

Asked whether the JO could justify calls for settling cases of abductions and assassinations at mediation boards the MP said the DMI officers holding senior ranks were being harassed by the current dispensation over their alleged involvement in the disappearance of media personality Prageeth Ekneligoda on the eve of January 26, 2010 presidential polls. Jayakody said that one of the officers had been in remand for over one year though he never was involved in Ekneligoda abduction. This was revealed only after the officer’s ailing father filed a fundamental rights petition.

Jayakody claimed that some clauses of the latest UNP-TNA agreement hadn’t been made public.
Asked by The Island whether the JO had forgotten the TNA’s track record beginning with the ordering of presidential polls boycott in 2005 Nov. at the behest of the LTTE, support extended to General Sarath Fonseka at January 2010 presidential polls after having accused of his victories Army of massacring over 40,000 civilians and finally throwing it weight behind Maithripala Sirisena at the last presidential polls, MP Bandula Gunawardena claimed that they were studying the TNA. Gunawardena insisted they weren’t anti-Tamil and the Rajapaksa administration did a tremendous amount of work in the North and the East after the conclusion of the war in May 2009.

Sirisena & Wickremesinghe Should Not Betray The People Who Elected Them To Power

Veluppillai Thangavelu
logo All’s Well that Ends Well is the title of a humorous play (written between 1601 and 1608) by William Shakespeare about the relationship between the two main characters, Helena and Bertram. These days the expression is used to say that a difficult situation has ended with a good result.
The political turmoil and upheaval that gripped the Unity Government during the past few months have come to end with the defeat of the No Confidence Motion (NCM) moved by the United Opposition against Prime Minister Ranil Wickremesinghe in parliament on April 4, 2018. The NCM was defeated by a convincing margin of 46 votes, 122 against and 76 in favour. Twenty- three MPs were absent. The SLFP/UPFA was badly divided, 16 MPs/Ministers voted in favour while 25 were absent.
When the NCM was handed over to Speaker Karu Jayasuriya on March 10, it was signed by 55 MPS, 51 from the SLPP and 4 from the SLFP/UPFA. This number increased to 76 at the time of voting, that included   6 JVP MPs. Therefore, there was a net gain of 15 MPs all coming from the SLFP/UPFA. It was a pity, Sirisena faction of the SLFP/UPFA could not present a united front either to vote in favour or to abstain.  It may be recalled that all the SLFP/UPFA MPs worked against President Sirisena during his presidential election campaign. They joined Sirisena for the sake of Ministerial portfolios and perks. They are like the fish, cannot survive without full or half Ministers!
Incidentally, in the history of Ceylon/Sri Lanka, this was the 3rd NCM moved against a sitting Prime Minister. The first one was in 1957 against SWRD Bandaranaike in 1957, followed by an NCM against Srimavo Bandaranaike in 1975. 
The stability of the Unity Government was shattered by the well publicised Treasury bond scam that took place on February 27, 2015. Questions arose as to the competence and integrity of the Government of Sri Lanka (GOSL) and the Central Bank of Sri Lanka (CBSL). There were also allegations of insider dealing. The allegations of insider dealing involved a private company named Perpetual Treasuries Limited (PTL) owned (major shareholder) Arjun Aloysius, the son-in-law of the then Central Bank Governor Arjuna Mahendran. This family connection gave the critics a long stick to beat the Prime Minister under whom the Central Bank operated.
Arjuna Mahendran was a Singaporean citizen hand-picked by Wickremesinghe for the job of Governor. There was opposition to his appointment within his own party, but Wickremesinghe brushed it aside.  He wanted a professional with wide experience in international financing to be placed in charge of the Central Bank.
However, the trust placed by Wickremesinghe was betrayed by Mahendran when he had a clear case of conflict of interest since his son-in-law was the major shareholder of PTL, a primary bond dealer which bought Rs.11.5 bn worth of bonds. It is claimed Arjun Aloysius offloaded the bonds to secondary dealers (state entities) earning huge profit out of the deal.
It was also alleged,
(1) The amount of debt accepted by CBSL at the auction was vastly in excess of the amount that had earlier been communicated to the primary dealers who would bid at the auction.  Whereas the original announcement was for Rs. 1bn, the amount accepted at the auction was Rs 10bn.
(2) Why issue 30-year bonds as opposed to those of shorter tenor.
(3)  The interest rate resulting from the auction was much higher than the rate indicated by CBSL to the primary dealers before the auction, thus the country sustained a very large debt at an unnecessarily high rate of interest.
(4)  The reasonable suspicion Perpetual Treasuries acquired inside knowledge.
Prior to March 1997, the CBSL issued Treasury Bills to borrow funds. This was changed in 1997 when the CBSL switched from Treasury Bills to Treasury Bonds and only Primary Dealers (PDs) were allowed to place bids.
Out of sixteen PDs, nine were affiliated with banks and seven are private non-bank companies. Among these is Perpetual Treasuries, the company at the center of the storm.

To the dismay of all it is president himself as head of cabinet who told to boycott cabinet meeting on 10 th !


LEN logo(Lanka-e-News - 10.April.2018, 5.45PM)  During the meeting of the SLFP Central Committee on the 9 th to decide whether the SLFP should boycott the cabinet meeting of the consensual government scheduled for today (10)  , nobody present proposed that the cabinet meeting shall be boycotted. Yet to the consternation of all it is the chief of the cabinet – that is no less a person than the president himself who had told to boycott the cabinet meeting , according to an SLFP spokesman who made this revelation after LeN posted the earlier report. 
We reported SLFP will boycott today’s cabinet meeting , and that  was the decision taken by those who attended the Central Committee meeting.  However according to the SLFP spokesman who contacted us , pointed out that report of ours is erroneous .

While Dayasiri  Jayasekera was requesting to give permission to  the ministers who voted for the no confidence motion to resign , and sit in the opposition , it was president Gamarala  who had interrupted , and said , ‘Not only all of you , the entire SLFP party should boycott the cabinet. We must demonstrate our strength as a party. Hence , none of you have to attend the cabinet tomorrow ‘
 
The boycott today is in accordance with this instruction. In the circumstances , no minister who supported the no confidence motion had ever told, the cabinet meeting tomorrow shall be boycotted. 
Yet , the SLFP has still not decided on whether they should cling on to the cabinet posts of the consensual government or not? And ,are those who kept away without voting during the no confidence motion to stay put in the cabinet ,and only other ministers  are to go? These questions were left unanswered and the meeting was postponed. 
It is well to recall president Gamarala recently at the meeting with the participation of the P.M. and senior UNF ministers  in a fit of uncontrollable rage exclaimed ‘ If I am to go I shall set fire to everything before I go’ which crude behavior was considered by one and all as most unbecoming to a president of a country .   
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by     (2018-04-10 12:30:25)

Is the PM irremovable?


logoWednesday, 11 April 2018

According to Mr. Shyamon Jayasinghe, an Australian citizen, there is no provision in the Sri Lanka Constitution to remove or replace the Prime Minister once appointed. Whatever is spelled out by the interpreters of the Constitution, there cannot be a situation where there is no provision for the removal of a person from a position by the appointing authority.
Before we examine the veracity of the selected constitutional aspects highlighted by Shyamon, let us for a moment consider the ethics of good governance and established democratic principles underlying the position, as stated by him, viz. “However it is possible that he may lose the VNC brought in by the JO. Whatever may happen the move does not inflict terminal damage on the PM incumbent.”

What a sad state of affairs. In a democratically-elected Parliament, a group of duly-elected MPs exercise a legal right and a Parliamentary privilege to bring a No-Confidence Motion against the conduct of another Parliamentarian on specific allegations levelled against him. The Parliament accepts and passes the motion with a majority. But, alas! According to Shyamon, that Parliamentarian can continue regardless of the outcome because according to the constitution “he need not quit his role as Prime Minister”.

Such sadistic and unholy views and observations will make our country a laughing stock in the democratic world. In particular Shyamon should bear in mid the high degree of respectful democratic practice followed by the politicians in the country where he lives, Australia.

We are aware that even a person convicted for a major crime will look for ways and means of saving his neck from the gallows. That is human nature. But a person elected by the people to hold a position on their behalf, if resorts to hang on to a position despite, “whatever may happen” seeking refuge under legal provisions there could arise many repercussions. We have seen this happening recently in several countries. Only a few people like Shayman would advocate such a policy irrespective of serious consequences to the country, people and the political image.

In the current incident, the charges leveled against the Prime Minister are directly pointed and related to him. The CBSL bond scam is now a matter, clearly decided upon by:

nA private lawyers committee privately appointed by Ranil Wickremesinghe

nTwo COPE sittings appointed by the Parliament of Sri Lanka

nA Presidential Commission of Inquiry which has submitted a report after a lengthy public investigation/inquiry.

The issues raised and the allegations leveled are specifically referring to some involvements established beyond doubt and others admitted by the PM himself. Because it is public knowledge I do not wish to dwell on such here. But if Shyamon wishes to enter into any debate or controversy, such details can be produced in most authentic manner as we have covered this episode in detail from the beginning.

The writer is attempting to show a distinction between a VNC against the PM and a NC against a Minister. According to him, however much a passed VNC is politically damaging to PM, he cannot be removed.

Perhaps people living overseas are exposed to information and events concerning politicians in all capacities where voluntary self-decided actions have saved the need for VNCs than us in Sri Lanka.

The underlying important factor is that how shameless one could be to disregard established opinions against him by other duly elected in a democratically functioning parliament. To seek refuge and cover under constitutional provisions in such situations appears to be mean, to say the least. President Mugabe also could not be removed constitutionally.

Now let us take a look at the constitutional provisions cited by Shyamon in his highly futile attempt to rationalise the PM’s action and trying to attribute creditability to a highly-uncreditable act.

He has cited Section 48(2) and has stated that “there is no objection for bringing a vote of No Confidence”. But the Section is totally irrelevant to the issue confronting the PM. Section 48(2) provides for rejection of Government policy or the Appropriation Bill and it does not deal with situations of improprieties, irregularities or performance faults of Ministers, MPs or PMs. Hence his citation is irrelevant and misleading in the current context.

The other Constitutional provision he has cited is 46(2). This too is not applicable to the present case as it refers to resignation and to an event where the PM ceases to be a MP. 46(2) deals with the situation how a Cabinet Minister and a non-Cabinet Minister or a Deputy Minister ceases to be in office.

Shyamon has carefully omitted to refer to Section 48(1) where it refers to different circumstances under which the Prime Minister ceases to hold office and the dissolution of the Cabinet. They are in the English version of the constitution as follows:

nDeath

nResignation or

otherwise

But the Sinhala version of the constitution (perhaps not available to Shyamon in Australia) states these circumstances differently. They are:
  • By removal from office
  • Resignation
  • Or otherwise
Shyamon, according to the law of the country and according to what is stated in the Constitution, the Sinhala version should prevail when there is any controversy!

Hence one should be able to see that the irremovability attributed by Shyamon to the PM does not exist in reality. The Sinhala version of 48(1) clearly refers to the removal of PM from office. Therefore the immutability and the highly-privileged position of the PM that he is trying to make out is not real.

If fact the Constitution before the last amendment contains his removal from office as one of the circumstances for the ceasing of office of the PM. Iso-facto it has been continued in the 19A but due to some deliberate or in advert situation the English one remains totally different to the Sinhala and the Sinhala version continues to contain the removal of the PM as one of the circumstances for his ceasing office.

Obviously removal has to be by the person who appoints.

It is very strange that Shyamon is trying to point a picture of a possibility of an impeachment against the President but the impossibility of removing PM even after No Confidence against him succeeds.

I do not know whether we can rejoice the fact that there is no provision to remove a PM who fails to maintain confidence of the Parliament due to performance lapses. But there is sufficient provision under morality, ethics, goodness, convention, practice and principles for a voluntary action not amounting to a removal.

Politicians do not behave like the charged law-breakers who attempt to escape somehow by getting the best paid lawyers. The world we live in does not permit anyone to hide their actions. They will be known to the whole world and it will be very hard for poets and ball edits to change the resulting adverse opinions.

I do not know what could be the outcome of the VNC or this episode by the time this article is published. But the contents will serve as material for future reference I believe.

The Insatiable Craving For Ministerial Office

Prof. Asoka N.I. Ekanayaka
logoOf all the lunatic contradictions, absurdities, and incongruities that mark politics and public life in Sri Lanka the most outrageous in recent times must surely be the shameless way in which the rebels who  actively opposed the Prime Minister in the recent abortive no-confidence motion, continue to cling to their cabinet portfolios like leeches. Likening their tenacious hold on public office to the parasitic depredations of a blood sucking species of segmented worm is indeed apt. For the perks privileges and manifold luxuries of cabinet office which they are reluctant to let go of are all funded by the beleaguered tax paying masses of this country.
Truly in Sri Lanka truth is stranger than fiction. One does not know whether to laugh or to cry at the absurdity of it all. The issue is not whether one was for or against the no confidence motion or even one’s personal feelings about the PM. The point is that given the most rudimentary understanding of the ‘ done thing’ in a democratic tradition  if they had even an ounce of shame, all the government MPs who joined hands with the enemies of the government in an abortive bid to oust their own  Prime Minister –  should have had the honour to resign their government portfolios well before they even cast their vote in parliament. And that is not all.
Even the cowardly ministers  without backbones  who sat on the fence, absented themselves and so abstained from voting, should have had the courtesy to tender their resignation  as a matter of common decency, enabling  the PM to use his discretion  in terms of section 42(2) of the constitution and advice the President  that some if not all of them might be reappointed. But that is a far cry from how things are done in Sri Lanka nowadays where to voluntarily renounce power and give up any public office high or low on a matter of high principle  is virtually unknown.
By contrast one recalls how in 1951 when SWRD Bandaranaike  resigned from the cabinet and crossed the floor confessing “I have conquered myself” – he quoted Milton “Human ambition is the last infirmity of mortal man”. True  when in 1956 he gathered round him a motley rabble from amongst desperate Buddhist monks, teachers and native physicians  and rode to power on an inflammatory slogan of “Sinhala only in 24 hours” at one stroke, shattering the trust between races and laying the foundation for decades of ethnic conflict – SWRD  proved that he himself was not immune to Milton’s “last infirmity of mortal man”. Nevertheless the fact remains that far back in 1951 he was driven by his principles to voluntarily resign from  the post of Minister of Health and Local Government.
A better example was Dudley Senanayake a gentleman politician of the highest integrity who in October 1953 resigned as Prime Minister citing  poor health, although it is widely believed that the real reason for stepping down was his anguish over the deaths of several demonstrators  during the previous Marxist hartal. And in more recent times one recalls the case of the late Gamini Jayasuriya who resigned as Minister of Agricultural development, Research and Food and left the government over his principled opposition to the Indo-Lanka Accord.
Such men seem like extra-terrestrials from some other planet compared to the monstrous greed of today’s Ministers who tenaciously cling to their ministerial posts even after attempting to oust their own Prime Minister and failing to do so.
Of course one expects that where such shameless hangers on fail to do their duty by resigning, they would be removed forthwith by those who exercise supreme constitutional authority over them. Consequently just as dispiriting as the stubborn refusal of these rebels to resign is the President’s seemingly stubborn reluctance to remove them. In any other reputable constitutional democracy in the world the mulish indifference of a head of state to what ought to have been an obvious and natural response, would have been interpreted either as the naivety of  one whose intellect and education  was on par with  that of a “rural official or worse the crass insensitivity of one who has the hide of a rhinoceros –  as reflecting the distinction between folly and knavery.
As the nation waits with bated breath for a new cabinet purified of dissident ministerial maggots who might corrode good governance from within, one can be philosophical about  the Sri Lankan political culture where ministers are so enslaved by high office. If as the saying goes people get the government they deserve then it stands to reason that the morality, values, and standards of politicians must mirror those of the masses who voted for them. There is some comfort in pragmatically falling back on this reality.

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CID hunt for ‘Navy Sampath’

Hettiarachchi Mudiyanselage Chandana Prasad Hettiarachchi alias ‘Navy Sampath’ who has a warrant issued by the Colombo Fort Magistrate’s Court for his arrest has been evading arrest.The CID believes that he is in Sri Lanka and is being harboured by certain parties. The CID warns however, that legal action will be taken against anyone found to harbour this fugitive.
The CID is currently investigating the abduction and disappearance of 11 youth and several Navy personnel,including former Navy Spokesman D.K.P. Dassanayake have been arrested in this connection.
Currently, the CID is investigating the abduction and disappearance of 11 youth based on a written complaint by the then Navy Commander Admiral Vasantha Karannagoda to the DIG CID on May 28, 2009 against his personal security officer, then Lt. Commander Nilantha Sampath Munasinghe following which the CID was able to uncover the Navy’s involvement with the abductions.
Those abducted were Kasthuriarachchilage John Rit alias John, Rajiv Naganathan alias Malli, Pradeep Vishvanathan, Tillakeshwaran Ramalingam, Mohomed Sajith, Jamamdeen Dilan, Amalan Leon, Roshan Leon, Antony Kasthuriarachchi, Thyagaraja Jegan and Mohomed Ali Anver alias Hajiya.
Investigations regarding the abductions is being conducted by the Organized crimes investigations unit.
There is speculation that Navy Sampath is still in Sri Lanka and is believed to be in hiding being harboured by parties close to him. But the CID warns that it is an offence to harbor such wanted criminals and if caught they too could face serious legal implications.
Therefore, the Police urge the public to forward any information regarding this suspect to the following numbers: The CID Operations Room: 011-2422176, CID: 011-2320141-145 or the Organised Crimes Investigation Unit: 011-2393621. Hettiarachchi Mudiyanselage Chandana Prasad Hettiarachchi alias Navy Sampath was a resident of 54/1, Wellawatte, Wellampitiya bearing National Identity Card number - 770402930 V. He was born on February 9,1977.

UNP reforms : a vanquished leader must go; inordinate powers of leader out ; New political Council in -full report...


LEN logo(Lanka-e-News - 10.April.2018, 6.00PM)   During  the introduction of reforms to  a party in a country , if citizens other than the party members are enthusiastic over it , it is an inference that  that party is engaged in grass roots politics and interwoven with  country’s society . Though the citizens apart from  the party members were making raving reviews about  the reforms  of the UNP, they   have  however not concerned   about the reforms of the other parties. By this it is evident leaving aside    its  30% to 35% vote base  ,  UNP is the party that decides the fate of all the citizens of the country in general . 
Specially after Ranil Wickremesinghe became the leader of the UNP , there clearly emerged a new dimension. The UNP which ran a ‘Thug Corporation ‘ changed , and that Corporation was  closed down. The leaders of thug corporation were crippled and political culture of murder and mayhem receded. However , in circumstances where thuggery was   unavoidable  that has held sway.   That was illustrated in  the Matara cinnamon club attack. 
Yet the UNP after  it captured power has proved without any doubt such past violence will  never be resorted to again even in its wildest dreams. This was borne testimony to when its own M.P. (Thevaraperuma)  was the first  to be  remanded  for his unruly conduct  following UNP’s victory.
Although there were differences , disputes and dissident groups within the party , and there were divergent  opinions expressed , at the crucial moment they all obeyed the leader . They stood together as one.
This was well illustrated when Fonseka was made common presidential candidate , and   when Gamarala was made  common presidential candidate , as well as during the recent no confidence motion .When undisciplined Gamarala was lashing out at the UNP during the last election and made an exhibition of his innate uncouth, uncivilized and  ungrateful traits , the UNP on the other hand by maintaining discipline and adhering to the  policies of the consensual government without retaliating , demonstrated to the intelligentsia and the common people it is a party that gives precedence and attaches importance  to discipline and party policies. 
There was a striking change  for the better after Ranil took  over the leadership. The UNP  which was earlier a most detested party of the Leftists became a friendly political party . So acceptable was the UNP that a hard core communist Dr. Wickremabahu too did not hesitate to mount the stage of the UNP to support it publicly.

Even the JVP is being called the ‘red elephant calf’ because the UNP is now not considered as  its main enemy. Even Leftist party representatives have  entered the national list of the UNP . This is something unprecedented in UNP’s history .Because the extreme racists in the UNP were sidelined  , the party became the most desired by other political parties representing the minorities.  UNP was the only party that  offered a political solution to the Tamil people’s issues through the provincial councils. Thousands of UNP members including the party president and secretary sacrificed their lives on that account. Our glowing tribute to them . Today we are enjoying the benefits of the PCs because of the life  sacrifices made by them .Thereby , the UNP was able to win over the hearts of the minority parties. This became clear during the recent no confidence motion . All the parties representing minorities including even Douglas Devananda who is with the UPFA voted in favor of  the UNP. 
Therefore  , today the UNP has earned the recognition and reputation as a party that is a protective shield and shelter not only to its own members but even the Leftist parties , minorities  and civil organizations .This became most obvious  vis a vis the SLFP descending to the lowliest levels recently with a meager  4 % popularity when  it became an  offshoot    of country’s leftist hypocrites and country’s right wing populism .
The UNP via its maneuvers had proved to the intelligentsia  and civilized people of SL what disgraceful politics the remaining part of the SLFP is resorting to by blindly clustering around the most  corrupt family and without even knowing are  casting votes to crippled patients.
In   this intriguing political scenario it is natural for the citizens of the country to  intently watch what are the reforms of the UNP which began on  7th and 8 th of this month. Lanka e news therefore deems it is its duty to convey to the people via this  unerring report   long though , the aims of the first of the UNP reforms conference on 7 th and 8 th which marks a  massive launch in the direction  of  fostering Democracy  across the entire country .

Party reforms- how it began 

The first of its reforms conference was held with the participation of UNP working committee members (95) , and the UNP parliamentary group. Since many of them represented  both groups the number of participants was over 100. The conference was held at the Temple Trees conference hall , and on both days the discussions which commenced  in the morning went on until  about 7.00 p.m.
Even before the conference began , Malik Samarawickrema the president of the UNP , Kabir Hashim the general secretary  and Eran Wickremeratne the treasurer of the party resigned their posts to facilitate the decision making at the conference. 
The conference was guided and governed by two  main objectives: One was restructuring the party and the other was introducing profound policy reforms.
The reports of the 3 Committees which were appointed earlier on  were  tabled at the conference .Those were ..
 The party reforms report of the Committee  headed   by Ruwan Wijayawardena , the State reforms report of the committee headed by Sajith Premadasa and the report of the Committee headed by J.C. Alawathugala pertaining to the difficulties encountered by the MPs .

The historic resolutions that were  adopted …

The most important of these reports was that of Ruwan Wijeyawardena committee. Majority of the proposals in that report received the approval . Some of the most important and historic proposals therein were …
1.The party cannot have a lifetime leader .
2.The leader shall be appointed on the votes of the working committee and parliamentary group members .
3.If the UNP party of which he/she  is the leader wins the parliamentary elections or the presidential elections , he/she  can continue as leader .However on each occasion defeat is faced , the leader shall be changed. Thereafter , based on the votes of the UNP working committee and the parliamentary group members  , a new leader shall be appointed.
4.The naming of individuals for official posts in the party by the party leader shall  cease hereafter.

5.The names should be forwarded with the approval of the working committee and the parliamentary group members , and appointments shall be decided  on their votes.
It was pointed out because the working committee and parliamentary group comprise a large number of members , they cannot meet as often as they want  to take decisions. Besides when secretive decisions have to be taken , a large number will be a hindrance , hence  a political council of 10 members from the highest echelon of the party  shall be appointed.
 (Some media had called  this political council as ‘Leadership council’ which is wrong )

Political Council 

The task of the Political council is , recommending individuals for party positions , and taking policy decisions
In other words this task which was hitherto under a single individual -the party leader will  henceforth be under the political council. 
It is    specially noteworthy   , this Political council was  appointed at the first conference itself on the votes of the party’s  working committee and parliamentary group without any  postponements .It was also decided that the necessary  amendments to party’s constitution in regard to this appointment shall be made    subsequently.  Naveen Dissanayake secured the first place and Ajith P.  Perera secured the second place when the vote was taken in this connection.

For the last (tenth) place there were three candidates who received equal  number of votes , therefore the members constituting  the Political council was increased to 12 to accommodate all three of them. The members of the council according to the votes they received  starting with Naveen who polled the highest are as follows :
1. Naveen Dissanayake
2. Ajith P.Perera
3. Ranjith Madduma Bandara
4. Akila Viraj Kariyawasam
5. Harin Fernando
6. Mangala Samaraweera
7. Ruwan Wijewardena
8. Eran Wickremeratne
9. Gayantha Karunatileke
10. J.C. Alawatuwala
11. Nalin Bandara
12. Asoka Priyantha 
In addition to the 12  members afore-noted appointed to the Political Council, the party leader , deputy party leader and assist. leader shall be appointed based on  official powers , in which case the total number of members of the Political Council will be 15. The official term of the Council is one year. 
The present leader , deputy leader and assist. leader are Ranil Wickremesinghe , Sajith Premadasa and Ravi Karunanayake respectively . Yet  , these  three leaders not being named as part of the  political council is most significant  .  Following a voting  in the future ,those who secure  the  three  posts will be appointed to the Political council for one year. The  Council’s official term is one year. 
There was also a proposal that  two deputy leaders and three assist. leaders shall be appointed. Sajith who became suddenly alert at this suggestion said , if there is going to be two deputy leaders he would resign from the post of deputy leader. Thereafter there was no   more discussion on that .

Three against Ranil but no alternative choice…

The next important topic of discussion at this two day conference was , whether the present leader shall continue as leader or not.  Only three participants Harin Fernando, Ruwan Wijegunawardena and Sujeewa Senasinghe who  said Ranil Wickremesinghe shall resign and a new leader  be appointed. 
Though divergent  opinions were expressed ,the majority including the three who said Ranil shall be replaced could not  propose an alternative leader . None said , ‘I am suitable for the post of leader’ .Moreover,  it was expressed while Ranil Wickremesinghe is the P.M., removing him from that post is not  practical . Consequently that discussion ended there . It is noteworthy , though three powerful youthful leaders proposed that Ranil be replaced , nothing was done to bulldoze that  . That  was a most salutary democratic signal.
The two day party reforms conference ended on a most welcome  note . It was proposed ,the leader , general secretary  and treasurer who have now resigned their posts shall continue to act in those respective posts until the 30 th of this month.

All posts will be null and void after 30 th April . The nomination for the posts , policy decision making and party constitutional amendments in the future  will be done  by the new Political council. The proposals made by the new political council must be approved by the working committee and the parliamentary group via voting. Everything is to be finalized  on 30 th April , and the ratification is to be obtained at the upcoming convention.
Based on these reforms  , the charges which were mounted hitherto against the UNP leader  that he was a dictator , and takes unilateral decisions ought to end  . Besides , those who maligned Ranil cannot now say the group  appointed to the  political council  on the votes  are Ranil’s  henchmen , specially  because two of them who wanted Ranil to be ousted are representing the council. However , the Council being constituted of Sinhala members only does not speak well for the UNP party or is in conformity with its name .

No matter what , the UNP reforms are  clearly an index that from  its  very outset it is a giant leap forward  for and on behalf of the Democracy loving people.

Chandra Pradeep

Translated by Jeff 
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by     (2018-04-10 12:45:28)