PHONE RECORDS LEAD CID TO BIG ARREST IN KEITH NOYAHR ABDUCTION CASE

Arrest of former Director of Military Intelligence Maj Gen Amal Karunasekera hailed as breakthrough in The Nation Assistant Editor’s abduction case

by Maneshka Borham-15 April, 2018

All things considered, former Editor of The Nation, Keith Noyahr was one of the lucky few. Abducted and tortured in May 2008 during a time when dissenting journalists were hunted with impunity, at least he made it out alive. Murdered editor of The Sunday Leader Lasantha Wickrematunge and Journalist Prageeth Ekneligoda who disappeared without a trace in 2010 and remains missing to this day, were much less fortunate. But the common factor that binds these deaths, disappearances and assaults together according to the Criminal Investigation Department (CID) of the Police is the connection of the country’s Military Intelligence to each of the cases. The assault on former Rivira Editor Upali Tennakoon and the abduction of journalist and activist Poddala Jayantha are also linked to the same shadowy military intelligence networks, run at the time by the country’s powerful former Defence Secretary, Gotabaya Rajapaksa.

Karunsekara’s connection

Last week’s CID breakthrough in the Keith Noyahr abduction case highlights this nexus between the Rajapaksa regime’s crackdown on dissent and the military intelligence networks.
Former Military Intelligence Director and Chief of Staff of the Army, Major General (Retired) Amal Karunasekara was arrested in connection to the Noyahr abduction on April 6, 10 years after the event took place. The arrest which was delayed several times happened on April 5, when Karunasekara was arrested at the Army Hospital for aiding and abetting the abduction of Keith Noyahr. But a question that remained on the minds of many was how this generally well-liked and respected military officer was connected to such a brutal crime.

Phone records

According to the evidence produced by the CID to the Courts in the form of phone use analysis reports, it was revealed that following a call placed by the Former Editor of The Nation newspaper, Lalith Allahakkoon to the Former Secretary of Defence, Gotabaya Rajapaksa on May 22, 2008 to inform him of Noyahr’s abduction, Rajapaksa at 11.36 pm in turn makes a call to the then Inspector General of Police Jayantha Wickramaratne who has also been linked to the incident surrounding the death of Wickrematunge by the CID. According to the CID the Defence Secretary was also found to have called Former Intelligence Chief Retired Major General Kapila Hendawitharana at 11.39 pm on the very day.

CID says according to evidence gathered, a call from Hendawitharana at 11.41 pm was traced to the mobile provided by the Sri Lanka Army to Military Intelligence Director, the then Brigadier Amal Karunasekara. Karunasekara then calls the Military Intelligence Unit at the Tripoli Camp in Colombo.

The location services revealed that at the time the number belonging to Karunasekara was in the Jawatte area while the mobile number he calls belonging to the Tripoli Camp was in Malwana. Yet another call was also traced originating from Karunasekara’s phone to Commanding Officer of the Tripoli Camp intelligence unit, Major Bulathwatta at 11.48 pm on the day. Interestingly as the CID points out the phone location indicates he too was in the Malwana area at the time, where other phone records confirmed, was the location where Noyahr was being held. “It was only after this call that Noyahr was released” a CID officer working on the case told the Sunday Observer, asking not to be named, adding that this proof cannot be refuted.

Delayed arrest

Despite his link to the case however, the arrest of Karunasekara was a long time coming. In fact, even on the day of the arrest, sources say prior to it he had admitted himself to the Army Hospital in order to further delay his arrest, while several weeks ago he had sought court permission to travel abroad.

Major General Karunasekara, currently the Commandant at Defence Services Command and Staff College, on March 29 had requested that the court lifts the ban placed preventing him so that he may travel to New Delhi on an observation visit of a Defence College. He had also claimed that as a result he would not be able to present himself at a CID on April 5.

Amal Karunasekara was in fact to be arrested around the first week of January 2017, but sources say this was prevented at the time, as he was the Acting Army Commander then.

Courts, at the request of the CID imposed a travel ban on him on February 7 and he was to be arrested on February 12. The CID says, this was once again prevented as he was placed in crucial service following the concluded local government elections.

Confirmed connection

However, despite the delay, CID sources say, the elite sleuth unit consider the eventual arrest as a major breakthrough for the case. “The future of this investigation will depend on Karunasekara’s statement to the CID” an officer said adding that however, the evidence presented cannot be denied by him. While the CID will seek an order from court to take a statement from the arrested Major General soon, the officer said, this will depend on his medical reports.

Following the arrest of Karunasekara the CID appears to be now closing in on Former Intelligence Chief Retired Major General Kapila Hendawitharana, who according to them is the next link in the case. While a statement has been obtained from him previously, if implicated by Karunasekara, he too could be arrested in the near future, top CID sources told the Sunday Observer.

But while the CID appears to have nabbed suspects involved in all related cases at the ground level the question remains as to who at senior levels of the Rajapaksa administration ordered these crimes to be perpetrated and to what end.

SRI LANKA: A RECORD 683 ACRES OF LAND RELEASED TO JAFFNA PEOPLE

14/04/2018

In line with the government’s policy of releasing civilians’ land, hitherto used by Jaffna Security Forces, the Sri Lanka Army without compromising national security interests released a record 683 acres of land in Thelippalei Divisional Secretariat area to 964 legal owners during a ceremony, held this morning (13) in the same location, Thelippalei under the auspices of the Commander of the Army, Lieutenant General Mahesh Senanayake and the District Secretary for Jaffna, Mr Nagalingam Vedanayaham.

The release of those lands continuing for the last couple of months, following an initiative taken by the Army itself, has however not necessitated either the removal or shifting of any security formation operating in the said portion of the land in Thellippalei, Palaly.


Release of lands, organized by the Security Force Headquarters – Jaffna (SFHQ-J) under the guidance of Major General Darshana Hettiarachchi, Commander, Security Forces – Jaffna took place as a New Year bonanza on the eve of the Sinhala & Tamil New Year- 2018.

The gesture, organized jointly by Ministry of National Integration and Reconciliation, Ministry of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs, District Secretariat for Jaffna and the SFHQ-J was attended by a large gathering of people including the beneficiaries.

Friday’s release of 683 more acres of the Palaly Army camp area, the biggest chunk of land released to the Jaffna public on a single day, adds a historic chapter to the government’s ongoing projects of reconciliation and ethnic harmony.

Commander of the Army formally gave away documents pertaining to the release of lands symbolically to the District Secretary who was present there.

Commander, SF-J, state officials, land recipients and members of the public in the area attended the occasion.

-SLARMY

Why this obeisance paid to politicians in South Asia?

Sunday, April 15, 2018

Some weeks ago, a ruling party politician in the Gampaha District was captured on national television becoming incandescent with rage on being asked to produce his identity card by a police officer. Working himself up to a veritable frenzy, that worthy representative of the people blustered and protested.
His fury boiled over as he spluttered to his equally furious supporters in pithy Sinhalese that, he could give his identity card but then, ‘he would not be able to walk among the people with any clothes on.’

A question of identity

There is, of course, more to this story. The fracas had occurred during an event marking the opening of a bridge when loudspeakers were used and the police had come to the scene to question as to whether correct authorization had first been obtained. The politician, whose speech was rudely interrupted in consequence, alleged that the disturbance was at the behest of local Rajapaksa ‘pohottuwa’ supporters. Granted an element of ‘pohottuwa’ provocation, the commonsensical response by the politician and his cohorts should surely have been to produce both the identity and the relevant loudspeaker use permit, neatly turning the tables on their political opponents, so to speak. But such dignified behaviour was far from evidenced.

So why do politicians maintained with tax payers’ money believe that they are exempt from legal requirements imposed on citizens? It was reported this week that the offending policeman had been transferred, reportedly with immediate effect following a complaint filed to the police senior command.

Assuming that this is not an ordinary transfer but a step arising from the incident in question, is such a consequence warranted? Is the National Police Commission, tasked with ‘the appointment, promotion, transfer, disciplinary control and dismissal of police officers other than the Inspector-General of Police’, (Article 155G (1) (a)) aware of this fact?

No peculiar privilege attaching to politicians

Indeed the routine punishment of police officers for insisting on the law being followed is a major reason as to why morale cannot be maintained in the police service. In such a context, is not talk of ‘professionalizing’ the police, metaphorical hogwash to state the matter bluntly? From the former Minister of Law and Order calling the IGP to order that a Rajapaksa ‘nilame’ should not be arrested to a run-of-the mill parliamentarian insisting that a lowly Sub-Inspector must ‘recognise’ him is but a small and easy step. Was it not to refrain from such acts that this ‘yahapalanaya’ Government was elected? Citing Rajapaksa transgressions which were undeniably of a worse character does not suffice to answer that question.

Does the law or the Police Departmental Orders (of which there are many, are all excellent in theory but contemptuously disregarded in practice) stipulate that parliamentarians should not be called upon to produce their identity cards? Does the Parliamentary Privileges Act impose such a condition?

So what exactly occasions such fury that is so palpably disproportionate to the Divulapitiya incident? Surely if someone is asked to show his or her identity card, it is a simple matter to comply. Certainly any Sri Lankan citizen has to do that as mandated by law. Lest one mistakes the matter, that is what the Rule of Law is all about. This is not a mere issue of production of an identity card. It is also not a legal question of the equal application of the law as mandated by Sri Lanka’s Constitution (Article 12 (1). Rather, this is an attitudinal and societal complex which deifies politicians, at which the media excels certainly but in regard to which, we are also to blame as citizens for our uncritical responses thereto.

Obeisance paid to politicians, unique to South Asia?

It may be recalled that some years ago, a shadow chancellor of the United Kingdom had to pay a fine for jumping a red light. Other instances of UK politicians caught by the long arm of the law are many, including a then deputy leader of the Labour Party who was, in fact, convicted of driving without due care and attention.’

In contrast, what is our record here? Even when a politician is involved in a ‘hit and run’ which results in fatalities, there is little accountability. In what proportion of cases in Sri Lanka is the ordinary law implemented against politicians? Or to put this question another way, can the Traffic Police enlighten us as to what percentage of politicians on both sides of the political divide has been hauled up for simple traffic offences?

Is this obeisance paid to politicians, uniquely South Asian? Perhaps this comes from the tradition of the ‘ruled’ and the ‘subordinated’, first by kings and then by colonial rulers. Throwing off the yoke of oppression by rulers was the first principle of the democratic contract whereby the king became the servant of the people and those who governed a land became the trustees only, holding power for a finite period with all subject to the Rule of Law.

An unpalatable but hard truth

But such lofty standards taught in the classrooms of law faculties and law colleges are yet to seep into the democratic consciousness in this region. The nauseating sight of schoolchildren worshipping politicians at official events is yet another illustration where practice falls far short of the theory.

Indeed it was reported some months ago that a Zonal Education Director in Colombo had directed principals of Colombo schools ‘to give due respect to Parliamentarians and Provincial Council members.’ A copy of the letter issued indicated that principals had been informed to invite Members of Parliament and provincial councils to special school functions. Where does this nonsense end? Afford respect to politicians when their behaviour invites anything but public respect? The ugly quarrels and horse dealing with money changing hands between newly elected councillors in local government bodies that we see each day establishes the fact that the rot runs deep.

Even so, there is a lot more wrong in this country than its politicians and political assemblies at local, provincial and national level who are more adept at playing petty political games rather than safeguarding the national interest. Perhaps it is opportune to reflect during this Avuruddu season as to how gradually, a degenerative political and media culture has come to reflect this very society and what Sri Lanka has become as a result of ruinous decades of conflict and institutional decay.

This is an unpalatable but hard truth.

Legacy of the May Day belongs to working masses & left parties only

April 14, 2018 by

The International Workers’ Day falls on the 1st of May. The JVP, as usual, has organized a gigantic May Day demonstration and a rally. An issue has come up regarding the legacy of the May Day. The May Day is a day of the working masses. It is a day the working masses all over the world carry out struggles to win their rights. It belongs to the working masses and the left parties only. Capitalist parties in our country too celebrate the May Day. They distort the real meaning of the May Day. They celebrate green and blue may days instead of the Red May Day. The capitalist parties that slashed the rights of the working masses and use every mean to suppress the working class have made the May Day a revelry. The UNP that brutally suppressed the 1980 general strike and sacked thousands of striking workers is commemorating the May Day. The SLFP and the Rajapaksa clique have to get participants intoxicated to commemorate the May Day, says the General Secretary of the JVP Tilvin Silva speaking at a press conference held at the head office of the JVP at Pelwatta on the 11th. The Member of the Political Bureau of the JVP K.D. Lal Kantha too was present.

Mr Tilvin Silva further said, “The present administrations not only do not grant rights of the working masses but they also slash the rights the working masses have won through struggle. The present government slashed the pension of the state employees, just like the previous government the present government too swindles the EPF. Laws are made to change the eight-hour working day. They have been delayed due to the struggles of the working masses. The UNP, the SLFP and the Rajapaksa clique that suppress the working class have no moral right to commemorate the May Day. Crowds are amassed by intoxicating them. Those who attend their demonstrations and rallies too are not aware of the true meaning of the May Day.

In fact, what is this May Day? By the end of the 19th century, large numbers of workers were employed in factories. They had to work long hours sometimes 14 or 16 hours. They did not have any sanitary facilities or any rights. A group of workers carried out an agitation in Chicago on 1st May 1886 demanding an eight-hour working day. The rulers got the police to attack the agitators and suppressed the agitation. Another agitation was held protesting against police attack on 4th May. A group of workers’ leaders who lead the struggle were arrested, tried and hanged. Based on this incident the Second International of Socialist Parties in 1889 took a decision to commemorate the 1st of May as the day of the working masses. This is why the May Day is a day that belongs to the working masses and the left parties.

Why is the flag used on a May Day red? The white flags carried by workers at Haymarket Square on 1st May 1886 turned to red with the blood of the workers who were beaten by the police. This is why red became the colour of the working class. The capitalist parties that are not aware of this history or intentionally forget it use the May Day for their selfish political interests. We ask them not to distort the May Day. It was the JVP that introduced the tradition of commemorating the May Day to Sri Lanka. Only the JVP holds a militant, disciplined, colourful May Day celebration that struggles for the rights of the working masses. This year too we are holding a militant, disciplined and colourful May Day.

However, there is a difference this year. As the May Day falls during the Wesak week the government has postponed the May Day commemoration to the 7th. The government has no right to do so. However, there is an obstacle in commemorating the May Day due to Wesak. For, bringing large crowds for May Day activities would be an obstacle for the Wesak celebrations held in Colombo. As such, we have arranged to hold the May Day in Jaffna on the 1st of May and hold a gigantic May Day rally in BRC grounds on the 7th May after a demonstration that will commence from Campbell Park in Colombo.

At present, the working masses are confronted with many difficulties. Due to the new tax bill, the working masses have to pay taxes for their salaries. The government, on advice from the World Bank and IMF, is slashing the rights of all the masses in the country. The local production is being hampered. Politics in the country has deteriorated. People in the country have lost their rights. The government has not been able to give any relief to the people even during the Sinhalese – Tamil New Year. There is an anarchic situation in the country. The government has forgotten the mandate given to it due to the power struggle that exists within it. Due to the neo-liberal economic policy followed by the government people’s rights are being slashed. The people have a responsibility to protect their rights. There are also many rights that have to be won. The working masses in this country should become the rulers in the country. A government of the working masses should be built. It is necessary to have a government that protects democracy, national unity and equality. The working masses should be the vanguard that builds a new society. The May Day should be made a day of struggle to achieve this.

The theme of the JVP for this year’s May Day would be “People’s rule for Social justice and National Unity”. We call upon all the people in this country not to go behind the capitalist political parties that despoil the May Day. Already, capitalist parties have retreated from holding May Day commemorations. Mahinda Rajapaksa has taken the May Day commemoration away from Colombo. The UNP is to hold only a rally without a demonstration. No one knows what the SLFP is going to do. Due to internal conflicts, it may not hold any May Day commemoration. A situation has come that these capitalist parties can no longer deceive the working masses. It is a victory for the working masses. It is the JVP that would commemorate the may Day with the true spirit of it. As such, we invite working masses in this country to join the militant, disciplined, colourful May Day commemorations held by the JVP in Jaffna on the 1st and Colombo on the 7th.”

President has lost control both in governance and party

by Gagani Weerakoon -APR 15 2018

At the close of two years, the National Unity Government (NUG) of Sri Lanka has failed to maintain the confidence and trust of the people it enjoyed during the first three months of its tenure. However, political crisis or instability in Sri Lanka remains unchanged. The NUG is likely to complete its full term, but it will not be a cakewalk. The strongest points of the Government, thus far, include the following: the political will of the President and the Prime Minister to continue the NUG till 2020; absolute majority in the Parliament; willingness of the Tamil parties to cooperate with the Government; and the goodwill of the international community. Maintaining this status quo will be the main challenge for the Government over the next three years, Gulbin Sultana, a researcher with the South Asia Centre at the Institute for Defence Studies and Analyses (IDSA) observed in her assessment on National Unity Government published in August 2017.

It was further observed that: “This discussion shows that at the end of two years, the Government has failed to maintain the confidence and trust of the people it enjoyed during the first three months of its formation.

 There is no denying the fact that the Government has taken several positive measures keeping in mind the long-term interests of the country. Given its duration of just two years and the enormous complexities of problems facing the country, it is not easy for any government to resolve all the problems within such a short span of time. The opposition parties, particularly the UPFA (Rajapaksa loyalists) and the JVP, have, nevertheless, taken advantage of it and tried to mobilize the people against the Government.

However, the Government has not lost all popular support yet. Large sections of people have still pinned their hopes on the Government. Both the President and the PM have shown, on several occasions that they are prepared to rise above politics and pursue policies which they consider best for the country. On certain economic and foreign policy issues, the government is convinced about taking appropriate measures despite popular protests.

However, on domestic issues such as reconciliation or formulation of new Constitution, the Government is weighing the views of the people. So far, the Government has been able to handle the challenges efficiently. But, it remains to be seen as to how long the President and the PM will give priority to the NUG over their respective parties and political interests.

Ultimately, both Sirisena and Wickremesinghe are politicians, and none of them would like to take the blame for the declining popularity of their respective parties. Therefore, it can be argued that both Sirisena and Wickremesinghe are likely to continue till the time they are not confident of winning the next elections without the support of each other.

President Sirisena knows well that if he splits away from the NUG, Rajapaksa will get an upper hand within the UPFA and will create problems for him. As for the UNP, its position has improved significantly, but whether it would be able to form a Government on its own will be clear in the coming local elections. In other words, the upcoming Local Government elections will give a clear picture of the popularity of the UNP led by Wickremesinghe, UPFA led by Sirisena and the competing faction within the UPFA led by Mahinda Rajapaksa.”

As of today, most of these plus points asserted in the IDSA research paper hang in balance with 16 ministers who joined President Maithripala Sirisena in forming NUG, having resigned.

In the meantime, President Sirisena will leave for the United Kingdom to attend the Commonwealth Heads of Government Meeting (CHOGM) 2018 which will be held from tomorrow (16) to 20 April in London.

The formal opening of CHOGM takes place at Buckingham Palace on Thursday (19) morning after which leaders will convene for their first executive session.

On Friday morning, the Commonwealth Games Federation will host a breakfast for Heads of Government. The summit concludes later that day when leaders will issue their communiqué and a leaders’ statement after their retreat.

During his visit from 17-21 April Sri Lankan President is expected to meet British Prime Minister Theresa May and several other heads of Commonwealth States attending the summit.

The President has also been invited to deliver the keynote address at the inaugural session of the Conference on achieving the Sustainable Development Goals.

The President during his visit will also attend a special commemorative event to mark the 92nd birthday of British Queen Elizabeth II.

While he is attending the Royal Birthday Celebrations, people of Sri Lanka who elected him as the Head of the State, will be brace themselves for another year of political uncertainty and inconsistency of economic and social policies owing to the indecisiveness of the Executive President who has reduced the post to a mere namesake as pledged in his election Manifesto in 2015 January.

Troubled Relationship

Though, the country as well as the international community celebrated the formation of NUG three years ago, it did not take long for them to get disillusioned of the great expectations they had.

The troubled relationship between President Sirisena and Prime Minister Ranil Wickremesinghe reached the pinnacle with it becoming common knowledge that the former giving legitimacy to the No-Confidence Motion against the latter. This was made quite evident with remarks made by many in during and after the Parliament debate on the NCM.

The 16 SLFP members who vowed to sit in the Opposition after resigning on Friday midnight still press for the SLFP to quit the Unity Government and thereby let the UNF to form a Government.

Labour Minister W. D. J. Seneviratne confirmed last night that the Ministers who voted for the NCM stepped down from their posts at midnight.

After several rounds of discussions the President agreed that they could sit in the Opposition while remaining as SLFP Members, Seneviratne told Ceylon Today.

He added that when Parliament is convened after the New Year the group will cross over.

Sports Minister Dayasiri Jayasekara said that they would demand the Central Committee to quit the Unity Government. The Central Committee is likely to be convened on 25 April after President Sirisena returns from the United Kingdom.

On Tuesday (10) for the first time since the election of President Sirisena and the formation of Yahapalana Unity Government, the Ministers from the SLFP boycotted the weekly Cabinet meeting, held under the chairmanship of the President, at the Presidential Secretariat.

According to sources, members of the United National Front (UNF) had told President Sirisena to resolve the internal crises of the SLFP immediately, before going for a Cabinet reshuffle
This follows a decision taken at the SLFP Central Committee meeting, held at President’s official residence on Monday (9) late at night.

While President Sirisena has insisted on the need to resolve matters and go for a Cabinet reshuffle before the dawn of Sinhala and Hindu New Year, several UNP ministers have insisted that the President consider whether to go for a Cabinet reshuffle or to appoint a fresh Cabinet altogether.

Minister Patali Champika Ranawaka has pointed out that President Sirisena has to decide on three main points, which includes whether the Unity Government should continue.

He had also said that first there should be a clear idea on whether the rest of the Ministers would continue, in the event the 16 SLFP Ministers who backed the No-Confidence Motion against Prime Minister Ranil Wickremesinghe decided to quit the Government.

“If the rest of the SLFP Ministers continue with the Unity Government, should there be a new agreement or to continue under the current MoU signed between the UPFA and UNF? If not should the UNF form a Government alone?” were the other salient points Minister Ranawaka had made.

It has also been insisted that SLFP should immediately take a final decision on whether they are continuing with the Unity Government, as delaying matters any further could worsen the situation in the country and would affect the economy and the administration.

However, the SLFP Central Committee meeting, which was to be held on Wednesday (11), under the patronage of President Sirisena, got cancelled.

This was following two separate meetings held yesterday by the two factions of the SLFP members in the Unity Government.

A meeting led by UPFA General Secretary Mahinda Amaraweera and the SLFP General Secretary Duminda Dissanayake was held at the residence of Minister Amaraweera, which was attended by SLFP Ministers, Deputy Ministers and State Ministers, who were absent on the day the No-Confidence Motion against Prime Minister Ranil Wickremesinghe was taken for debate, Deputy Minister of Ports and Shipping Nishantha Muthuhettigama revealed.

He said that it was also agreed that there should be no division within the SLFP and a multi-pronged proposal would be submitted to President Sirisena soon.

He also said that there would be another meeting with President Sirisena to deliberate on these proposals.

Meanwhile, the 16 SLFPers who met at Minister S.B. Dissanayake’s residence last evening had decided to meet President Sirisena today.

According to sources, they are planning to obtain the majority in the SLFP Central Committee and demand that the party should leave the Unity Government.

Sources also confirmed that they also decided not to attend Parliament till the matter is finalized at the next Central Committee meeting.

Prior to their resignation, there had been much debate whether the 16 SLFPers including Ministers could remain in the Government or the Cabinet. Constitutional law practitioners say that the removal and appointment of Cabinet Ministers should be done by the President in consultation with the Prime Minister.

“That decision should be taken by the President after consulting the Prime Minister. If the Prime Minister is of the view that he cannot work with those who have voted against him then the President should take a decision,” President of the Bar Association of Sri Lanka, President’s Counsel U.R. de Silva told Ceylon Today.

De Silva, PC, made his observations, when queried as to who had the authority to appoint or remove Cabinet Ministers.

He pointed out that the President can give the Ministers the option to resign, or appoint a new Cabinet of Ministers in consultation with the Prime Minister if he thinks that the Government cannot continue with them.

 The Cabinet of Ministers with the President as its Head, which is in charge of the direction and control of the Government, is a part of the Executive branch of the Government and the process of governance, he said.

According to the Constitution, it is the President who is tasked with appointing the Parliamentarian who according to his/her opinion, is most likely to command the confidence of Parliament.

It is also imperative that, as per Article 46(2) of the Constitution, the Prime Minister continues to hold office as long as the Cabinet continues to function.

On the questions of the appointment and removal of a Cabinet Minister, and as to who is vested with the authority to do so and under what circumstances, and subject to what conditions, Article 43(1) of the Constitution says that while the President has the power to decide the number of the Ministers and Ministerial portfolios within the Cabinet and thence assign the said subjects and functions to such Ministers, he may do so in consultation with the Prime Minister, where he considers such consultation “to be necessary”.

Article 43(2) of the Constitution, however, states that, it is upon the advice of the Prime Minister that the President should appoint MPs including Ministers to be in charge of the Ministries that have been thus determined by the President.

Furthermore, Article 43(3) of the Constitution allows for the President to change the assignment of the subjects and the functions, and the composition of the Cabinet, “at any time”, provided that such change does not impact the continuity of the Cabinet and the Cabinet’s responsibility to Parliament.

However, Parliamentarian Dr. Jayampathy Wickremaratne PC, speaking to Ceylon Today, opined that Sri Lanka Freedom Party MPs, including Ministers, who had voted in favour of the recent No-confidence motion moved by the Joint Opposition against Prime Minister Wickremesinghe, a motion which he deemed as being against the Government and not solely the Premier, had no ethical right to continue to remain in the Government, as their pro-no faith motion vote was proof that they had lost confidence in the entire Government including also the Prime Minister and the President.

While, President Sirisena has clearly lost control both in governance as well as in his own political party, troubles for PM Wickremesinghe too seems to have not seen an end. The backbenchers who voted in favour of Wickremesinghe against the NCM on 4 April said they felt betrayed as the three-day UNP reform discussions ended with no concrete solution. In fact, they are planning to bring a fresh No-Faith Motion against Wickremesinghe in May.

The much anticipated changes in the United National Party leadership have become a damp squib, with the Party’s Working Committee and the Parliamentary Group, which met at Party Headquarters, Sirikotha, last evening, deciding to continue with Prime Minister Ranil Wickremesinghe as their leader.

The decision was reached following lengthy discussions and Wickremesinghe pointing out that a new leader, who would take the reins of the Party, would not have adequate time to lead the Party to victory at the 2020 Presidential Election. Therefore, the Party had decided to hold a general convention before 30 April to appoint new office-bearers. Accordingly, new individuals will be appointed to key positions, including the Chairperson, General Secretary, Treasurer, National Organizer and three Deputy Leaders.

President clinches deal with UNP to continue coalition

New lease of life for Yahapalana Govt., but minefields ahead, including an imminent rise in fuel prices - Sirisena deftly avoids second meeting of SLFP Central Committee - PM in stronger position now; SLFP ministers who did not vote against him temporarily get the subjects of those who quit

By Our Political Editor-Sunday, April 15, 2018

President Maithripala Sirisena, leader of the Sri Lanka Freedom Party (SLFP) took the unprecedented step of urging ministers of his own party to boycott last Tuesday’s weekly Cabinet meeting – perhaps a first such move in a practising democracy.

In doing so, he was cushioning a feared fallout from a widespread call by members of the Central Committee, the party’s policy making body, to quit the coalition or “the national unity Government.” They were to take a final decision at a second CC meeting on Wednesday but Sirisena, though he promised, did not summon one. He may not have wanted to be thrust with a decision to quit the coalition. He told the UNP ministers that most wanted to quit the Government. Thus began a tense political drama that continued throughout Wednesday and Thursday.

President clinches deal with UNP to continue coalition.docx by Thavam on Scribd

UNP: Repair roof when the sun is shining The time to repair the roof is when the sun is shining – John F Kennedy

2018-04-13

The sun is slated to pass from House of Pisces to the House of Aries in the celestial sphere in a few days’ time heralding another Sinhala and Hindu New Year. By the time of this year’s New Year, the sun certainly seems to be shining on Prime Minister Ranil Wickremesinghe, having defeated the No-Faith Motion against him despite all the initial hiccups. His victory, it appeared, brought some semblance of sanity and stability after two months of uncertainty that rocked the country since February 10th Local Government polls.

However, not everything in the UNP will be honky-dory till the leadership delivers the promised reforms. The chaos that reigned in the party in the run-up to the no-confidence vote spoke of nothing else but the urgent need for party reforms.

The call was for better party democracy and an opportunity for the youth. The first Litmus Test for the degree of commitment by the UNP leadership in delivering these would be his choice of party General Secretary.

Among the slew of names proposed for the vacancy are the so-called inner-circle members of the party leader. It would be only prudent that Prime Minister Wickremesinghe picks someone who is politically seasoned and unanimously accepted, both by the seniors and the backbenchers, for this post avoiding any
more bitterness.

Such a gesture would raise hope among party members that a genuine move is underway to put the party on a progressive track after all previous setbacks.
Bringing in authentic reforms after a convincing victory at the No-Confidence Motion vote certainly would garner greater glory for the party leader since he would be introducing the reforms from a point of strength than the weakness.

As John Kennedy declared in his annual address to the Congress in 1962 ‘The time to repair the roof is when the sun is shining’ and the leaky roof of the UNP is certainly in need of good repair.

While the NCM stabilised Ranil Wickremesinghe as UNP leader the other fallouts of the vote have created chaos in the country thus fulfilling the aspirations of the movers of the motion, the Sri Lanka Podujana Peramuna (SLPP). The Sri Lanka Freedom Party (SLFP) which sharply divided over the NCM boycotted Cabinet and finally decided to quit the Government ending the UNP-SLFP Yahapalana marriage.

The bulk of the SLFP members have moved to side with former President Mahinda Rajapaksa’s SLPP, weakening the clout of incumbent President
Maithripala Sirisena.

The April 4th vote also opened new fissures within Parliament’s “official” main Opposition, the Tamil National Alliance (TNA). The TNA’s decision to back the Prime Minister came at a time the Tamil electorate was showing impatience over the Government’s delay in bringing in Constitutional reforms.

Notwithstanding the role the international players have played in the TNA decision to back the premier the TNA support to Wickremesinghe is likely to have estranged an active section of the Tamils especially among the diaspora. It would be near impossible for the UNP leader to deliver the demands of the TNA at a time the nation is riding on a strong Sinhala nationalist wave.

After all, there are less than two years for the next Presidential Election and the UNP leader is unlikely to antagonise the Sinhalese to be in the good books of the Tamil community this time.

The Muslim parties and MPs who played hard to get with the Prime Minister over Ampara and Teldeniya riots fell in line at the last minute despite the growing hostility by the Muslim community towards the Government.

With their decision to side with the Prime Minister, the Muslim parties and Parliamentarians are now under obligation to the community to make sure that a repeat of the incidents would not take place under the UNP-led Government.

The Sri Lanka Podujana Peramuna (SLPP), which continues with its winning mood even after its defeat at the NCM against the Prime Minister, is displaying all signs that it is out to make the Government bleed.

This means more chaos in the country with ordinary citizens, instead of politicians, being ultimate victims. The best way to void more political disasters would be to strengthen the UNP with the expected reforms. Time certainly is up for the UNP leader to repair the party roof, which has been leaking for too long.

"India will be there whenever you need us"

(if you do things our way)

Indian High Commissioner
Taranjit Singh Sandhu

by Rajeewa Jayaweera-April 14, 2018, 12:27 am 

Indian High Commissioner to Sri Lanka, Taranjit Singh Sandhu recently delivered the 14th Annual Sujata Jayawardena Memorial Oration at the invitation of the Alumni Association of the University of Colombo. His oration stressed on the current status of Indo-Sri Lankan relations based on India’s regional policy of ‘Sabika Sath Sabka Vikas’ or ‘Progressing and ‘Neighborhood First.’

Three areas as in relations between the two countries (3 Bs) - the Buddhist connection (a pet theory of most visiting Indian dignitaries), Broad friendship between the two nations and Blend of Indian assistance in sync with Sri Lanka’s needs.

Buddhism was referred as the bedrock consolidating relations. Reference was also made to an Indian Buddhist identity. Buddhism in the sub-continent was systematically obliterated by Brahmins to protect their caste system. According to 2011 Indian census, the Buddhist community in India have dwindled to 0.7% of its population of 1.2 billion and are mostly neo-Buddhist converts from the marginalized Dalit community. There are hardly any known people to people contacts between Buddhists in the two countries, even though thousands of Buddhist pilgrims visit India regularly to worship at places such as Bodh Gaya and Varanasi.

The claim of ‘Broad’ relations with Sri Lanka due to "friendship without any conditions" may

be accepted by our leaders due to the lack of any other choice and a few who prefer to ignore historical facts; the friendship between the two countries has been anything but without conditions and continue to be so.

No narration is necessary of India aiding and abetting Tamil terrorists commencing late 1970s. The halting of the Vadamarachchi operation due to Indian insistence prolonged the conflict by another 22 years bringing untold misery and death to hundreds of thousands of Sinhalese, Tamils and Muslims alike. India’s food airdrop over Jaffna on June 4, 1987, by Air Force transporters accompanied by fighter aircraft, cannot be denominated as a purely humanitarian intervention. There were powerful political overtones coupled with intervention strategy inherent in the airdrop. It also led to the Indo-Sri Lanka Accord, which legitimized the coerced invitation from the Sri Lankan government for India to intervene.

The airdrop amounted to a gross violation of Sri Lanka’s sovereignty and airspace. It remains etched in the memories of those who lived through it.

The force-fed Indo-Sri Lanka Accord resulting in the 13th Amendment to the Constitution, over time has come to be accepted by Sri Lankans for want of a better option. Not only was President Jayewardene pressured into signing a treaty primarily drafted by the Indian government. The Sri Lankan government was also required to give up some of its foreign policy and military decision-making.

The Indo-Sri Lanka Accord of 1987 and its Annexure dealt with the creation of Provincial Councils in the North and East and power devolution. A lesser-known letter dated July 29, 1987, from Prime Minister Rajiv Gandhi, addressed to President JR Jayewardene and accepted in toto by the Sri Lankan President spelled out conditions GoSL was required to adhere on foreign policy and defense matters, entirely unrelated to the Tamil issue.

Para 2 i, ii, iii and iv refers to; (a) employment of foreign military and intelligence personnel will not be prejudicial to Indo-Sri Lanka relations (b) Trincomalee or any other port will not be made available for use by any other country in a manner prejudicial to India’s interests (c) restoration of Trincomalee oil tank farm will be undertaken by the two countries as a joint venture (d) Sri Lanka’s agreements with foreign broadcasting organizations to ensure they are not for military or intelligence purposes.

To the best of this writer’s knowledge, Sri Lanka has not reneged on these undertakings except when President Rajapaksa in 2014 foolishly permitted a Chinese submarine to dock in Colombo. Development of Hambantota Port was awarded to the Chinese after India declined the initial offer.

Para 3 i and ii relates to the deportation of all Sri Lankan citizens in India found to be engaging in terrorist activities or advocating separatism or secessionism and India would provide training facilities and military supplies for Sri Lankan security forces.

India reneged on its commitments from day one. LTTE and other terrorists continued to operate from Tamil Nadu for decades freely. Even though India did provide training facilities for Sri Lankan soldiers, she never supplied offensive military equipment to Sri Lanka during the conflict.

In 2007, India declined to provide radar with three-dimensional capabilities after the Indian supplied equipment with two-dimensional capabilities failed to detect LTTE aircraft involved in raiding the SLAF base in Katunayake. China and USA eventually filled the void despite Indian objections.

During the later stages of the conflict, India did provide naval intelligence on LTTE supply vessels which helped the Sri Lankan navy to hunt them down.

Despite India’s stated policy of not voting on country-specific issues, it voted in favor of the UNHRC resolution against Sri Lanka in 2012 and 2013, not for any altruistic reasons as claimed, but due to the tail (Tamil Nadu state) wagging the dog (Union government).

"Our aid is not to raid and invade" does not sit well with the continued poaching by Tamil Nadu fisher raiders in northern Sri Lankan waters. The hapless Sri Lankan leaders, after making repeated requests to the Indian government have now fallen silent. They are constrained from raising the issue at international forums.

India is fast making regional grouping SAARC irrelevant due to a bilateral issue with Pakistan. The 19th SAARC summit due be held in Pakistan in 2016 was cancelled due to an Indian boycotted. She has hinted the possibility of another boycott of the 2018 summit in Pakistan. However, India insisted, Sri Lanka could not raise the issue of the violation of its airspace in 1987 on grounds that SAARC was a forum for multilateral and not bilateral matters between member states.

Self-interest has been India’s guiding light in its relations with Sri Lanka. In the backdrop of such a checkered relationship, to state "We have never believed in setting conditions for friendship" is a travesty. To dismiss such a track record as mere "hesitations of history" adds insult to injury.

The geographical proximity, much acclaimed as an advantage is in fact, the most significant disadvantage for neighboring countries such as Bangladesh, Bhutan, Maldives, Nepal and Sri Lanka. Pakistan alone, chiefly due to its nuclear capability, can stand its ground in its relations with India. Prime Minister Modi’s ‘Neighborhood First’ policy notwithstanding, it is this proximity which is cause for discomfort in neighboring countries and justification used by India for its big brotherly and high-handed conduct.

It also compels India to control foreign, defense, trade and internal affairs of neighboring countries it considers as her backyard. In the 1980s, ensconced in a friendship treaty with the Soviet Union, it insisted Sri Lanka wind-down relations with USA and Israel. In the current context, having become America’s proxy in the Indian Ocean Region and with Israel as its single biggest arms supplier, India wishes for Sri Lanka and other neighboring states to minimize relations with China.

The ’Blend’ aspect refers to "India’s desire to share all it has with Sri Lanka." Total Development Assistance by India amounts to USD 2.9 billion of which USD 545 million amounts to outright grants. As per Dept. of Commerce 2016 statistics, Sri Lanka’s Exports to India amounted to USD 551 million and Imports from India, USD 3.8 billion.

Bhutan is prevented from having its own foreign and defense policy. Nepal has suffered for decades due to Indian interventions in its internal affairs, the most recent being the constitutional crisis and the five-months long economic blockade that followed. It precipitated the fall of Prime Minister KP Oli’s government in 2016. The Maldives is being admonished for entering into a Free Trade Agreement with China without first consulting India and for its proposed Ocean Observation Station with China.

The need for neighboring states to respect India’s security concerns is a given. That and that alone is India’s entitlement. She should not tell neighbors with whom to interact besides how and what to trade unless they have security implications. Neighboring states amending and making Constitutions should be strictly internal affairs. India’s dealings with neighbors on a ‘Boss’ and ‘Subordinate’ standpoint must essentially change. They should not be expected genuflect and kowtow to Indian diktats. ‘Sabika Sath, Sabka Vikas’ should be all about equal partners and mutual respect.

This writer is neither a politician nor a foreign affairs analyst. However, I share the resentment many of my compatriots feel towards Indian policy on Sri Lanka, both present, and past. A litmus test to this statement would be the paucity of locals who would cheer for the Indian side during a cricket match in Colombo between India and Pakistan. A quiet chat with evening strollers around the monument for fallen Indian soldiers adjoining the parliament, who lived through the 1980s would be most enlightening.

Not all the handouts, trade, aid, FDIs, and platitudes will make that wariness go away. What needs to be addressed by the High Commissioner who claims "India will be there whenever you need us" is: can he and will he acknowledge past misdeeds (not hesitations) and assure people of this country of nonrecurrence in the future? It is such an assurance, for what it is worth, that would help ordinary citizens to change their "hostile mindset" as one local commentator recently described and move on.

Chinese male arrested with stock of cigarettes valued at Rs 1.4 million

By Manushi Silva-April 14, 2018 

A Chinese male was arrested by the Customs officials at Katunayake Bandaranaike International Airport today (14) while attempting to smuggle 140 cartoons (28 000 sticks) of foreign cigarettes.

The seized stock of cigarettes valued at Rs 1.4 million, according to custom officials.

The 44-year-old Chinese male has arrived from Singapore by SilkAir flight MI 0428 at 8.50am today.

Investigations into the incident are being carried out under the instructions of Customs Director O.M. Jabeer and Deputy Director A.M. Arifa.

Wag The Dog

By Mano Ratwatte –APRIL 14, 2018

Mano Ratwatte

Every few Years, the US will find an oil Rich nation in the Middle-East to bomb and destabilize no matter what the reasons are(Iraq by Bush; Libya ruined by Obama). Media in the US will never talk about the suffering of innocent civilians in those invasions or destabilization efforts that are a direct result of those interventions. Instead, the heinous gas attack in Syria will cause the media to echo the words of the administration without asking the hard questions. Thus, it appears the new air strikes in Syria are another clear cut “WAG THE DOG” scenario; Trump crowed “mission accomplished” echoing the infamous words of George W Bush about the strikes.

Russians who along with Iran are helping Syria fight ISIS terrorism turned a blind eye-wink-wink about the strikes on April 13th, 2018; they were probably informed of the targets by US to avoid an escalation of the crisis into a bigger conflict; both sides have ground troops and Russia has significant military assets in Syria as well.

Bigger question is are these strikes a precursor to a much sought after war with Iran aided and abetted by other regional close allies of the USA. If there was real solid proof that Syria’s brutal dictator was behind the alleged gas attack why was it not presented to the UN Security Council? What was the haste? Is it illegal for a nation to attack a sovereign nation without sanction from the UNSC

In 1962, National Security Advisor McGeorge Bundy informed President John F. Kennedy that U.S. surveillance aircraft had discovered the presence of Soviet missiles in Cuba, just 90 miles from American soil. It was the start of the Cuban Missile Crisis, which brought the world to the brink of nuclear war. US produced facts, satellite imagery and other proof to the UN. US Secretary to the UN, Adlai Stevenson presented irrefutable proof of Russian weapons in Cuba and confronted the USSR; and notorious shoe thumping Nikita Khruschev blinked and withdrew the weapons to avoid a nuclear holocaust. US won that round.

In 2003 of course, the US produced false evidence to the UN via General Colin Powell to start that ill-fated adventure. “Mission Accomplished” that totally rendered the old checks-and-balances apart and the unintended consequence was making Shia Iran(90% Shia) the dominant strategic decision maker in the Shia majority Iraq (The Muslim population of Iraq is approximately 60%–65%Shi’a, 15%–20% Arab Sunni and 17%) Sunni Kurdish).

This time there was nothing in the way of evidence (real or fake) presented to the UN; nor was the issue debated rationally. Why was that? Why the eagerness to punish the bad boy Assad whose military really poses no threat to US, Israel nor Saudi Arabia? This was probably a way to send a message to Iran and its Lebanese ally Hezbollah who also now have a strong presence in Syria helping the Shia minority government of Assad defeat ISIS terrorists.

What is the future in oil rich Middle-East when big powers get to test their weapons with impunity, so they can sell more to fearful oil rich potentates?

Donald Trump became the first US President to choose Saudi Arabia(KSA) as his first foreign destination upon taking office.  Immediate effect was the sale of nearly $US110 billion — that’s about $147 billion — worth of military equipment to  effective immediately.  The deal included tanks, combat ships and missile defence systems, as well as radar, communications and cybersecurity technology. The New York Times is also reporting that the deal includes the sale of precision-guided munitions, which the Obama administration had stopped because it was worried they would be used to bomb civilians in Yemen.  The United States is Saudi Arabia’s main military supplier and it has military stockpiles and bases there.

KSA is where the main Wahabi ideology that created ISIS and Al Qaeda types emanate.  Yet, recently Trump drooled about being able to sell billions of dollars of high dollar item weapons systems to them. He told the Crown Prince who visited USA with a high powered delegation, that he would love to sell more weapons to KSA. Arguably KSA’s main ideological enemy in Islam is Iran. Iran has shown a belligerent attitude towards KSA and Israel. Therefore, it benefits the US to sell weapons, and make massive profits.

Why has Trump,(and Obama before him as well) keep silent when Saudi Arabia (KSA) has been mentioned by humanitarian aid groups to be the main culprit behind the large number of civilian deaths? Will the US stop selling lethal weapons to Saudi Arabia? no. The proxy war between Iran and KSA there has been a horrific tragedy for ordinary Yemenis.

Yet most Americans just believe and accept whatever its media tells it to believe. Most of them have woeful knowledge of world geography or geo-political facts. The graphic sums up the way they look at other nations.

For instance, if today, the US media is to demonize Sri Lanka, and say Sri Lanka has chemical weapons and helps jihadi terrorists, automatically without even asking hard questions or pausing for a moment to check if this is factual, the vast majority will support bombing it because it will become a “bad guy”. This is the mentality because most of them cannot locate the contentious nations reported in the media on a map.

That is the sad reality despite America’s prowess and technologically superior non-pareil military might. It is very easy to tell the frightened people(ever since the 9/11 terrorist attacks launched by Al Qaeda; 15 of those terrorists were Saudis and none were Iraqis, but 80% of the American public was made to believe Saddam and Iraq(eye-rack) was behind 9/11.

The call “we have enemies we need to strike because they are an imminent national security threat “is an easy way to garner support for war; even if that so called enemy is armed only with obsolete weapons, which US can overwhelm in a blink of the eye ;like derelict Syrian weaponry that stands no chance.

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