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

Tuesday, April 24, 2018

WELIKADA PRISON RIOT CASE -ARREST OF REAL PERPETRATORS IMMINENT

The family members of the prisoners killed in the Welikada prison riot in 2012 held a demonstration in front of the Colombo Chief Magistrate’s Court yesterday demanding the arrest of all those responsible for the incident.
The family members of the prisoners killed in the Welikada prison riot in 2012 held a demonstration in front of the Colombo Chief Magistrate’s Court yesterday demanding the arrest of all those responsible for the incident.



Colombo additional Magistrate Ranga Dissanayaka yesterday observed that the real perpetrators involved in the killing of 27 prisoners at Welikada in 2012, should be arrested immediately.

He said the inquiry into the deaths suggested that inmates had died after being shot in their heads and chests. The Additional Magistrate said it was revealed through the post-mortem reports that the victims had died after being shot in their heads and chests.

The Additional Magistrate made this remark in response to a request made by aggrieved party lawyer Senaka Perera.He queried as to who had ordered the security forces to enter the Welikada prison.

Counsel Senaka Perera informed court that the security forces had entered the prison without obtaining a search warrant and the CID should conduct an inquiry as to who had influenced them to do so.

The Magistrate observed that counsel for the aggrieved party was making a request in terms of Section 124 of the Criminal Procedure Code and ordered the CID to investigate regarding the persons who conspired to commit the alleged offence.

Meanwhile, Inspector Neomal Rangajeewa of the Police Narcotics Bureau and former Prisons Commissioner Emil Ranjan Lamahewa were yesterday ordered to be further remanded till May 8 by Colombo Additional Magistrate Ranga Dissanayake in connection with the Welikada prison riot in 2012.

Senior State Counsel Madhawa Thennakoon who appeared on behalf of the CID stated that a special investigation unit had commenced investigations regarding the death threats allegedly received by the wife of the main witness in the Welikada prison riot case.

The lawyers who appeared on behalf of the aggrieved party sought an order directing the CID to investigate the high ranking police officers who ordered them to enter the prison.

Colombo Additional Magistrate ordered the Prison superintendent to refer the Suspects to a psychiatrist through the Judicial Medical Officer.

The Additional Magistrate also ordered the CID to expedite investigations. Inspector Neomal Rangajeewa of the Police Narcotics Bureau and Prison Commissioner Emil Ranjan Lamahewa were arrested by the CID on March 28 in connection with the Welikada prison riot shooting.

Twenty-seven inmates were killed and more than 20 others injured in the shooting during the riot on November 9, 2012 when prisoners took control of the populated prison objecting to an unannounced search by the Special Task Force to nab hidden arms, drugs and mobile phones at the prison.

The Colombo Additional Magistrate fixed the case for May 8.

Unheard sounds and faint memories of ‘bloody’ white vans…


2018-04-25


“All faults may be forgiven of him who has perfect candour”~Walt Whitman
In the questionable days of the Rajapaksa regime, the most dreadful sound, amongst many a sound of shooting in Rathupaswela, Katunayake and post-war Jaffna, was the one that you did not hear: A white van parked outside your home.

How many men and women were forcibly shoved into the van and taken away and threatened, their bones smashed, and spirit drained, one may never know.

Among those countless shrieks and screams and unbridled impunity to those who hurt innocent men and women who happened to hold a different view from that of those in power, their broken noses and shattered bones might yet be bleeding.
How many men and women were forcibly shoved into the van and taken away and threatened, their bones smashed, and spirit drained…
Those who wrote a different story, different from the garbage thrown out by the State-owned media and sycophants of the regime garbed in officials’ dress, had vanished.

The heart-wrenching saga of a wife going from one Government desk to another is still being written in many a newspaper page, yet she doesn’t seem to get any plausible answer.

Prageeth Eknaligoda was no ordinary journalist who happened to write the Rajapaksa-fed flattering stories about the glories of the First Family’s far-fetched and exaggerated triumphs.

Eknaligoda’s disappearance has been in the realm of news stories that would haunt the reader’s curiosity for many a year.

Those Government politicians at the time either maintained a muted demeanour or those in the then Opposition tried hard to bring forth this unbelievable tragedy to the attention of a placid public, invariably and tragically fell short.

Prageeth Eknaligoda was supposed to have written some investigative piece which was allegedly devastating to the collective personality of the First Family. It is more akin to a mad dictator’s reaction to an unfavourable account of a nasty act committed by the Family.

Prageeth Eknaligoda’s disappearance cannot be rotting away in an empty, socio-political quarry forever.

Even in the unlikely event of a Rajapaksa comeback in governance-territory, the body of Prageeth, still breathing or not, has to be produced (habeas corpus) to reach a finality.

Otherwise, the rule of law is absent; investigative arms of the basic governing body of any society cannot just be cut off in order to conceal the evil deeds of democratically elected Mafia bosses.

The ‘fixers’ of a greedy and power-hungry members of a ‘Family’ need to be exposed but how can that elementary distinction of the rule of law be made to exercise its basic function if the present-day rulers turn their eyes and ears the other way?

One can still remember how the infamous Alfred de Zoysa of the Kalattewa fame was convicted of murder when the bodies of those who were murdered were missing.

Neither State-sponsored terrorism nor an impotent non-response of the State is any answer to legitimate grievances of a wailing public.

But the irony of the situation is even more heartbreaking.

A Government that was ushered in on a podium of eradication of corruption, nepotism and impunity from the rule of law, seems to be even more entrenched in its own mass of lethargy, indecision and saliva for money.

While a sad cloud of the Prageeth Eknaligoda saga is still hovering over a docile and ineffective government, those who are accused of executing this dreadful deed on a freelancing journalist and his family are still free.

And the answers don’t seem to be forthcoming. That is not a complementary commentary on a Yahapalanaya Government.

The net effect of such placidity and indifference to the real world is the likelihood of the return of the villain- the Rajapaksas.

On top of the Prageeth Eknaligoda case, the incident of the daytime murder of Lasantha Wickramatunga, Editor of the Sunday Leader, the premier newspaper that went after the alleged corrupt practices of the Rajapaksas, too weighs heavily on the those who are charged with the investigation and pursuit to an end of its legal process.

Two and half years is long enough time for the investigations to produce a result, one way or the other. The snail’s pace at which the judicial processes are meandering gives room for suspicion and distrust in the totality of the process.
Even Rajapaksa comeback into the governance-the body of Prageeth, still breathing or not, has to be produced
Is someone deliberately instructing the investigators to go slow or not to proceed along the lines which are getting too close for comfort for some close members of the former First Family?
The inquisitive public is getting weary of this disgustingly sluggish and tortuous snaking.
Lasantha Wickramatunga had friends in high places.

The then circle of diplomats and foreign envoys, especially those representing neo-liberal Western and North Western Europe, exhibited and adopted a curious, keen and encouraging stance and embraced Lasantha’s fearless attitude towards going after the corrupt and degenerate. In the eyes of the public, reading or otherwise, there was only one party that had the motive to silence Lasantha Wickramatunga.

That was the regime of the Rajapaksas. Into whose closets Lasantha looked and what degradation or decomposition their contents were in, we are not able to see.

Lasantha Wickrematunga’s murder is a gruesome reminder of what political power, gone to the fringe, could do not only to a worthy man, it is even more of a reminder of that power that could be mustered to thwart the freedom of expression of a people, a fundamental right of human society.

Along with the disappearance of Prageeth Ekneligoda and the murder of Lasantha Wickramatunga came the Rathupaswela and Katunayake murders of innocent civilians who chose to exercise their fundamental right, protesting against the government policies.

The murder of a Tamil journalist attached to the Udayan newspaper has been swept under the carpet.
All these are among a crowded field of journalists such as Upali Tennakoone, Keith Noyahr, and Poddala Jayantha against whom the violation of human rights had been committed.

But what stands out as a brutal reminder of ignobility of a ‘Power Family’ is the mysterious killing of Thajudeen on unbelievably personal grounds. The evidence has emerged connecting very high-up personalities at the time of this murder and the public is still awaiting finality, not to mention the prison riots that claimed more than twenty-five lives of inmates.

These are all crimes, plain and simple. Killing is a crime. It is the principal and most horrendous crime one can commit.

If the criminals are not found and convicted and punished, the rule of law, upon which every civilized societal structure is founded, collapses.

Either anarchy spreads or authoritarianism of a ‘Family Junta’ would begin its heinous grip on a docile and totally breakable society.

The battle for such a choice between two revolting options has been fought by the Joint Opposition (JO).

Theirs is ostensibly for a faster-developing and a more orderly society. Faster-developing; yes, but more orderly is loaded with frightening potential for the control of our basic rights; for control of minds and of every aspect of our lives. That is certainly not an enchanting prospect.

Every member of the Joint Opposition and every financier of that movement, if left to his or her own devices and demeanour, would be a dangerous parasite in our midst.

Bringing back a democratically defeated political force that is controlled at the centre by corrupt and evil predators of one single family is no option for the civil sustenance of our society.
But what is even more disheartening and depressing is what lies at the end of these arguments and debate.

A government that is purported to be founded on Yahapalanaya is sadly lacking in focus and seems unaccustomed to the vagaries of political storms.
That was the regime of the Rajapaksas. Into whose closets Lasantha looked and what degradation or decomposition their contents were in, we are not able to see.

Yet, overcoming a potentially damaging no-confidence motion, Prime Minister Ranil Wickremesinghe is basking in a false sense of relief.

If he fails to pursue the wrong-doers of the last regime and bring them before the rule of law and justice, if he once again fails in that crucial task, then he might as well say goodbye to power, come next elections. If, on the other hand, he does succeed in bringing the Rajapaksas before the rule of law and secures unforgiving sentences that go with it, Ranil Wickremesinghe might have a fighting chance, that again if he manages to contain a squabbling Tamil National Alliance (TNA) and a league of Muslim parties.

The choice before Ranil Wickremesinghe is, to use a worn-out cliché, as clear as crystal.

However, it could be extremely unpleasant, not to others but to himself. If he intends to remain as leader of the United National Party and also is infatuated with the idea of contesting the forthcoming Presidential Elections in 2020 as its candidate, he has only one single choice: Vigorously go after the Rajapaksas and their henchmen and pursue that judicial process to a successful conclusion.

If, on the other hand, Ranil Wickremesinghe optes to stay out of the said Presidential Election and yet continue as the UNP leader, then that might offer a more pliable leverage to would-be contestants such as Sajith Premadasa and Navin Dissanayake.

The writer can be contacted at vishwamithra1984@gmail.com

HOW CHINA TRAPPED SRI LANKA UNDER A MOUNTAIN OF DEBT

Image: Sri Lankans walk by a Chinese-funded port in Colombo. Photo: Lakruwan Wanniarachchi/AFP via Getty Images.

24/04/2018

Sri Lanka BriefErica Pandey .

Sri Lanka’s economy is struggling under the weight of massive debts owed to China, with the rupee hitting an all-time low on Monday.

The big picture: As the small South Asian country’s economy spirals downward, it’s freeing itself from debts by selling Chinese-funded infrastructure projects back to China, giving Beijing influence over strategic ports close to its rival India’s shores.
Show less

The trap

There are two big economic problems in Sri Lanka. Shailesh Kumar, a South Asia expert at the Eurasia Group, broke it down for Axios:
  1. Huge debts, largely due to big-ticket infrastructure projects that China funded as part of its trillion-dollar Belt and Road Initiative.
  2. Falling foreign currency reserves, which it uses to buy imports. That’s an indicator of poor economic health, and it’s leading to a drop in the value of the Sri Lankan rupee.
Shrinking foreign currency reserves forced Sri Lanka to lease the Hambantota port — largely funded by the Chinese — to Beijing for 99 years in December 2017. India fears that China will use its control of the port to establish a military presence in the Indian Ocean.

The depleted reserves have also pushed the International Monetary Fund to step in and offer to replenish the funds to keep Sri Lanka out of an economic crisis.
  • But the IMF’s cash comes with conditions that Sri Lanka modernize its tax code and raise gas prices to increase government revenue. Sri Lanka’s leaders, caught in a tense political climate amid the economic downturn, are reluctant to agree to those terms.

What to watch

  • The IMF could stop sending cash to Sri Lanka if its government doesn’t play by the rules.
  • Sri Lanka could sink deeper into debt with the Chinese if it picks up more infrastructure projects. “At the end of the day, the Chinese keep showing up with money, and Sri Lanka needs to accept it because they need to have economic development,” Kumar said.
Axios

How long can your company survive?


logo Wednesday, 25 April 2018


In today’s fast-changing times, what is most important for an organisation? Is it the sole pursuit of profit or is it something bigger and more meaningful? What is the meaning of capitalism? The private use of resources for the purpose of production and to generate profits. Compared to this is socialism, which means that resources are used for the satisfaction of human needs.

So is there a dilemma that we face, are we in business primarily to make profits or do we also look at making a difference and adding value to people’s lives? In either case, how should the organisation be structured, as monolithic companies, or smaller, nimble, and lean organisations?

I touch on this subject because the leadership, culture and sustainability of the organisation, has such a large impact on the success and longevity of the company.

In the beginning

All companies start from a zero base and then have to grow. At the initial stage, they are totally dependent on external funds for survival and need to be carefully nurtured. It is critical that all conditions are maintained at optimal levels at this incubation phase.

The UK Business Incubation definition is as follows: Incubation is a unique and highly flexible combination of business development processes, infrastructure and people, designed to nurture and grow new and small businesses, by supporting them through early stages of development and change.

Do we believe that all organisations are also optimally run throughout their existence? Can we assume that the larger the organisation, the better run it is?

Companies are dying younger today

Why is it that some of the best known organisations in the world collapsed in the 1990s? It is important to look at a few of them and see their stories:

 1.Parmalat: This Italian company was started by a young boy, Calisto Tanzi, in Parma, Italy, soon after school and grew in 20 years to become the leading global producer of UHT (Ultra High Temperature) milk. In 2003, a Euro 14 million hole was discovered in Parmalat’s accounting records, leading to one of the biggest corporate scandals in history. The company founder, Calisto Tanzi was jailed and reportedly admitted that he had diverted funds from Parmalat into Parmatour, its travel unit, and elsewhere. The company, however, didn’t fully implode and continues its operations today under another company who purchased it.

2. Arthur Andersen: Was one of the world’s top five accounting firms in the world, prior to the Enron Corp. scandal. In 2003, it had to close down, after being prosecuted by the US Department of Justice, because of planned accounting fraud, resulting in the loss of 85,000 jobs and to exist had to undergo a corporate rebranding.

3.Enron Corp.: In 2001, this Houston-based energy company went bankrupt as a result of planned accounting fraud orchestrated by its accounting firm, Arthur Andersen. Much of the business’s profits and revenue were not reported in its financial statements. Once considered a blue-chip stock, Enron shares dropped from over $90 to less than $0.50, which spelled disaster in the financial world.

Companies can fail due to many reasons, but as we see from these huge companies, some of the common issues that existed were large amounts of wealth, weak systems, disloyal stakeholders and staff, and private agendas, which virtually overnight led to their demise. In fact, their huge successes also led to their failure. They had become “fat” and overconfident companies which failed to provide optimal systems.

So if the size and brand of a company is not related to its longevity, how long can companies exist for?

According to the research conducted by Forbes, the average lifespan of a multinational corporation historically over the last 100 years, was between 40 and 50 years – but unlike the human lifespan, this has been on the decline. Today “The average age of a company listed on the S&P 500 today has fallen from almost 60 years old in the 1950s to less than 20 years,” according to a team of Credit Suisse analysts. In fact, according to a Boston Consulting Group report, “one-tenth of all public companies fail each year, a fourfold increase since 1965.”

So what are the other big corporate names no longer with us? Today companies like Woolworths, Pan Am, Paine Webber, EF Hutton, Compaq no longer exist. These were giants in their time. These companies failed, because their customers were attracted to other low cost online alternatives, other companies operating with lower costs, competitors offering lower prices, or simply a new range of higher value and more competitive goods. The management of the companies were too firmly entrenched in their comfort zones and paid little heed to fast changing competitive developments and technological disruption from other companies.

So what does this say about their strategy, their customers, their marketing, and operations? Is it possible to state that their success made them fat and complacent, and lethargic. Were these companies  operating in comfort zones which blinded them to external forces?

The world’s most sustainable companies 

The Ranking of the Global 100 Most Sustainable Corporations commenced with Toby Heaps, President of Corporate Knights, a Canada-based sustainability-focused media outfit. The Ranking assesses companies with market value of at least $ 2 billion.

If we look at their Sustainability Assessment of Today’s Top Most Valuable Companies. Where do the great companies of today like Apple, Google, Microsoft and Facebook rank?

Apple is not in the top 100 companies, as it suffers from governance questions—particularly after Steve Jobs, the original founder, and the lack of a clear succession plan. It also has product sustainability issues.

Google isn’t on the list largely because of what’s known as social risk. Privacy issues have dogged it, and in addressing them, the company has found itself dealing with legal questions ahead of customer satisfaction.

Microsoft’s difficulty with the European Union and its work on supposed brain-computer interface software means the company has run both regulatory and social risks and is low down on the list.

Facebook is not on the list due to concentrated control and leadership issues of Mark Zuckerberg, despite it being worth approx $ 32 billion making it 4th in world’s most valuable company in the world list. Recent events also contribute to the justification of not placing the company in this List.

So which companies do appear in the Top 100 Most Sustainable Companies? The list includes a number of organisations in construction, consumer goods, retail, and healthcare such as Adidas, Amazon, Air France, Accor, BHP Billington Plc, etc. Topping the list in 2017, was Siemens, the German industrial conglomerate whose businesses range from power plants to medical imaging machines. It was the most energy-efficient firm in its sector, producing more revenue per kilowatt used than any other industrial corporation. Norwegian insurance company Store brand ASA came in second.

Examples of how Global 100 companies differ from the (All Country World Index) ACWI basket are as follows:
  • At 80% of Global 100 firms, top executives receive higher bonuses if the company meets sustainability targets. .Across the ACWI, only 23% of companies offer such bonuses.
  • Global 100 CEOs make eighty times the salary of average employees, while ACWI company CEOs make 115 times the rank and file.
  • For pension payments, Global 100 firms contribute almost twice as much per employee compared to all ACWI companies. 
  • 28% of board seats at Global 100 firms are held by women compared with 21% for the broader ACWI. 
  • Global 100 organisations are 25% more energy efficient.
Whilst the average investor may initially think that they lose by investing in these companies, surprisingly, this is wrong – they benefit from stock prices. If you had invested $100 in Global 100 companies in 2005, it would have been worth $232 at end of 2016. If you did the same for the ACWI, you’d have $208. In other words, the Global 100’s cumulative return was 24 percentage points higher than the ACWI benchmark.

What are the deeper measures of sustainability in these companies? There are a maximum of 12 KPIs used in the ranking, which are:
  • Energy Productivity
  • Carbon Productivity
  • Water Productivity
  • Waste Productivity
  • Innovation Capacity
  • Percentage Tax Paid
  • CEO to Average Worker Pay
  • Pension Fund Status
  • Safety Performance
  • Employee Turnover
  • Leadership Diversity
  • Clean Capitalism Pay Link – Clean capitalism incorporates social, economic, ecological benefits and costs. It also indicates that organisations know the full impacts of their actions.

The world’s oldest businesses 

It is also interesting also to take a look at organisations which have stood the test of time.

When we take check out the World’s Oldest Businesses, world-wide we note that there are 967 businesses founded prior to the year 1700 (and dating as far back as 578) that are still in operation today. Astonishingly, 517 of them, or 53%, are located in one country: Japan. The next closest country, Germany, houses a mere 19% of the world’s oldest businesses, most of which are breweries. No other country boasts more than 5%.

So what is their secret of these more than century long surviving businesses? Most of Japan’s oldest companies boast of being “family run” for dozens of generations. But for some of these companies, the reality of this claim is far from the truth: In cases where there is no son to inherit a business, or where a Japanese CEO “desires a better quality son than nature provided,” an heir is legally adopted. For centuries, Japanese business owners have engaged in this practice. Japanese adult adoption dates back to the Tokugawa era (1603-1867), when merchants sought free labour for field work.

In his book, ‘The Living Company,’ Dutch business theorist Arie De Geus analysed 30 centuries-old businesses for common traits, and deduced their success to four commonalities:

1. Long-lived companies were sensitive to their environment [and] remained in harmony with the world around them.

2. Long-lived companies were cohesive, with a strong sense of identity. No matter how widely diversified they were, their employees (and even their suppliers, at times) felt they were all part of one entity.

3. Long-lived companies were tolerant [and] generally avoided exercising any centralised control over attempts to diversify the company.

4. Long-lived companies were conservative in financing. They were frugal and did not risk their capital gratuitously.

Ultimately, he whittled down his theory to one sentence:

“Companies die because their managers focus on the economic activity of producing goods and services, and they forget that their organisations’ true nature is that of a community of humans.”

Japanese Lean corporate survival techniques

An outstanding example of a listed Japanese company which has been at the top of its field for over 90 years, is Toyota. Some may also know this company as described by the book, The Machine that changed the World. Today it remains within the top three largest retailers of motor vehicles in the world.

The story of Toyota commenced during the war period, when Kiichiro Toyoda, Taiichi Ohno came over to USA in 1930 (just after world war II) to examine how Henry Ford made cars. He noticed that they used significant amounts of machinery, capital and people and inventory and a flow production process. But the problem with Ford’s system was not the flow: He was able to turn the inventories of cars every few days. But he was unable to provide variety. It occurred to Kiichiro Toyoda that a series of simple innovations might make it more possible to provide both continuity in process flow and a wide variety in product offerings. They therefore revisited Ford’s original thinking, and invented the Toyota Production System (TPS).

TPS was a system that maximised output whilst minimising input. Toyota needed to make maximum use of their resources to compete and survive. They maximised the skills of the staff, designed super efficient assembly lines, minimised defects, used the pull system and kept minimum inventories. This meant that back in the ’30s a Toyota car could be produced and assembled within minutes.

Today Toyota can make about 575 cars per hour – that is about one car every 6 minutes. Compare this with the average number of hours need to produce a car in North America at 35, whilst the Lamborghini needs more than 100 hours.

Building the Lean company

Through Toyota, the Lean production systems evolved with a focus on reducing waste and maximising resources within the company. The leadership of the company and the management embraced concepts such as Gemba – walking on the factory floor, Zero tolerance for defects, Quality circles and minimisation of lean wastes such as:
  • T – Transport – Moving people, products & information
  • I – Inventory – Storing parts, pieces, documentation ahead of requirements
  • M – Motion – Bending, turning, reaching, lifting
  • W – Waiting – For parts, information, instructions, equipment
  • O – Over production – Making more than is immediately required
  • O – Over processing – Tighter tolerances or higher grade materials than are necessary
  • D – Defects – Rework, scrap, incorrect documentation
  • S – Skills – Under utilising capabilities, delegating tasks with inadequate training

A corporate model

for long-term survival

So we have seen the failure of some of the richest companies, and the sustainability issues of some of the most valuable. So what does this mean? Obviously the standard ways of running an organisation in terms of strategy, marketing, finance, HR (the critical areas we usually talk about) are not enough for a company to thrive and survive over the longer term.

According to the book ‘Art of War,’ in times of peace, prepare for war. If we consider Quantum Physics, ‘The Uncertainty Principle’ states that the more precisely the position of some particle is determined, the less precisely its momentum can be known, and vice versa. This is the world we face today. We face economic war and we face uncertainty. Hence all companies at any stage of their evolvement need to adopt a Lean Model, and remain lean and agile to both grow, react, perform, win and to remain sustainable. This is a much larger concept than simply using lean principles in some of their product processes.

This economic situation can also be beautifully summed up by a quote from Bob Marley: If you are a big tree, we are a small axe – sharp and ready, ready to cut you down.

So what are the key traits of a Lean driven company? What will keep you in shape and sustainable over the long term? These are the key factors:
  • A focus on customer value 
  • Maximum utilisation and deployment of resources – man/machine/raw materials, capital etc
  • Close attention to processes, operations and its continuous improvement 
  • Emphasis on developing creativity 
  • A focus on data analytics
  • A greater emphasis on sustainability 
Lean concepts and more importantly a lean culture, has huge potential in the South Asian region as companies struggle with high capital costs, scarce working capital and limited resources.

Technological innovation is not enough to be competitive. Many superb products have been invented by companies in India, called “frugal innovations” in a range of industries. We all need to do more with less. This is the only way companies can commence, remain competitive and survive, whilst delivering optimal operating margins. Building lean and sustainable organisations provides the bedrock to achieve this.

(The writer, from London School of Economics, Cass Business School, is Founder Asian Institute of Excellence and Co-Founder, Intrinsic Leadership Academy.)

(This article is based on a guest lecture given at Akeenkya DY Patil Management University, Pune, in February 2018 for the Conference on Contemporary Global Strategies: Global Perspective.)

Open warrant re-issued against Jaliya Wickramasuriya


 Tuesday, April 24, 2018
The Colombo Fort Magistrate re-issued an open warrant against former Sri Lankan Ambassador to the United States Jaliya Wickramasuriya after he failed to appear before Court, today.

The Financial Crimes Investigation Division (FCID) filed a B report before Colombo Fort Magistrate against Jaliya Wickramasuriy for allegedly misappropriating USD 330,000 out of USD 6.6 million allocated for purchasing a building for Sri Lankan Embassy in the US.

When the case came up before Magistrate Lanka Jayaratne, the suspect was not present in Court. At a previous occasion, the Court was informed through his counsel that the suspect has gone abroad for medical treatment with Court permission but failed to return before the due date.
Defense counsel said his client is still receiving treatments at a hospital in USA.
The former Ambassador is a close relative of former President Mahinda Rajapaksa.

European Court of Justice: Torture victims have grounds for asylum

24.04.2018
Tortured asylum-seekers can claim subsidiary protection in Europe, if on return to their home countries adequate medical care would be withheld, says the European Court of Justice. The case involves a Sri Lankan.
Europäischer Gerichtshof in Luxemburg (Reuters/F. Lenoir)
The European Court of Justice (ECJ) ruled Tuesday that protection applied under the European Convention on Human Rights if the health of an asylum applicant with severe physical or psychological after-effects from past torture would be "significantly and irreversibly worsened" by the lack of treatment in his or her country of origin.
Britain's Supreme Court – handling the appeal case of a Sri Lankan who said he was once a Tamil Tiger rebel member tortured by Sri Lankan forces – had asked the Luxembourg-based court to rule on the scope of the EU's 2004 directive that sets minimum standards known as "subsidiary protection"for third country nationals or stateless persons.
The ECJ said it was now up the British justice to decide in the Sri Lankan's case whether his health would be endangered by a lack of adequate treatment on return.
The Sri Lankan, identified in ECR documents only as "MP," has arrived in Britain in 2005 as a student, but in 2008 he was refused permission to remain.
Picture of Yves Bot (picture-alliance/dpa/M. Awwaad)
Protection applies if treatment withheld, said Bot
He submitted an asylum application in 2009, saying that in Sri Lanka he had been tortured by security forces as a member of the rebel Liberation Tigers of Tamil Eelam (LTTE), resulting in post-traumatic stress disorder and depression.
MP's asylum application was initially rejected. Several appeal hearings brought the case before Britain's Supreme Court, which in turn asked the ECJ to rule on the scope of the directive in the context of European and international conventions.
Advocate General sets case in context
If returned, he seemed suicidal and determined to kill himself, wrote Yves Bot, one of 11 ECJ advocates general, in his opinion submitted last October.
Bot said Sri Lanka – as the nation accused of committing the torture – was required under the international 1984 Convention against Torture to provide rehabilitation and redress to the claimant, and, in the event of his death, to his dependents.
The "inadequacy" of Sri Lanka's health system was not contested, said Bot, and it was "solely" up to a national (EU member nation) court to assess whether the man, if returned, would remain protected from ill-health in terms of the ECHR.
"It is established case-law that the application of EU law must be independent of that of international humanitarian law," wrote Bot, adding that international law and the 2004 directive pursued "different aims and establish quite distinct protection mechanisms."
Sri Lanka still unheeding
Sri Lanka's 26-year civil war ended in 2009, but various United Nations agencies have since observed that the island nation's draconian Prevention of Terrorism Act remains in place amid reports of deaths in custody and forced confessions.
Last November, European lawmakers decried a slow roll-out of human rights reforms and allegations of torture in Sri Lanka.
Under EU directives, the term "subsidiary protection" applies to a third country national or a stateless person who does not qualify as a refugee but "would face a real risk of suffering serious harm" such as the death penalty or execution, torture, or serious threat if sent back to the country of origin.
ipj/kms (KNA, AFP)

DW RECOMMENDS

De-Gazetting Nature Reserves: What We Stand To Lose


Amayaa Wijesinghe
logoSri Lanka can boast of a diverse coastline, which is ecologically and economically valuable. Our shores provide livelihoods to many people, and act as our first line of defense in case of natural disasters. The fisheries they support also act as an important source of nutrition. When a natural ecosystem provides invaluable services to people as well as fauna and flora, it is afforded protected status. The efficient management of these Protected Areas (PAs) ensures that these benefits can be sustained for generations to come. 
Gazetting of Wedithalathive Nature Reserve
Wedithalathive is a small town situated on the coast, accessed by the Mannar-Jaffna A32 highway. On 25 February 2016, Wedithalathive’s ecosystems were given legal protection by its declaration as a Nature Reserve under the Fauna and Flora Protection Ordinance. This was carried out just 2 years ago by the Department of Wildlife Conservation, and gave protection to mangroves, seagrass beds and coral reefs situated in the area. These natural ecosystems have been recognized worldwide for their importance in maintaining ocean productivity. 
Proposed Aquaculture Park
According to the Environmental Foundation Limited (EFL) as well as published sources, a cabinet paper has been prepared to excise and de-gazette approximately 1000 hectares of land from this newly declared reserve, in order to establish a commercial Aquaculture park. The paper was co-proposed by both the Minister of Fisheries and the Minister of Sustainable Development and Wildlife, with the recommendation from the Cabinet Committee on Economic Management. The proposed Aquapark is slated to yield a commercial harvest of fish and shellfish, especially prawns, for export. 
This raises many red flags, as pond-based prawn farming has not been a success story in Sri Lanka and elsewhere in Asia. In fact, a closer look at the area just South of Wedithalathive, in Puttalam and Mundal, show large tracts of prawn farms abandoned in the last 30 years due to disease outbreaks and unsustainable practices. 
In an Aquapark, the landscape is created for artificial breeding of economically important fishery species. Land units are leased to aquaculture farmers, and these units include purpose built ponds and facilities for seawater take and discharge. The park should also have wet-laboratories and hatcheries, intensive culture facilities, and dry-laboratories, for quality assurance and updated research purposes. Overall, stringent scientific standards must be met if an Aquapark is to be successful.
However, in practice, the execution of such projects is difficult due to the complex variables that need to be considered, and de-gazetting Protected Areas for such commercial ventures is a dangerous precedent to set, as the impacts may outweigh the benefits. 

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Lakvijaya Coal Power Plant Spewing controversy and more pollution




2018-04-25

The Lakvijaya Coal Power Plant in Norochcholai has been a controversial establishment ever since its first unit was commissioned on March 2011. The Power Plant, which adds 900 Megawatts to the National Grid through three generators using coal, was constructed at a cost of US $ 1.3 billion. However in January 2018 it was reported that this establishment was operating sans an Environmental Protection Licence (EPL) and according to sources the expired licence wasn’t renewed.


Adding to its list of discrepancies are various malfunctioning devices and careless operations including harmful emissions of fly-ash into the air and sea. As a result people in the surrounding areas suffer from skin diseases and conditions such as asthma. While the West is taking measures to move away from generating electricity using coal, Sri Lanka is being funded and equipped by foreign entities to generate electricity using coal power.Hence the Daily Mirror sheds light on how people in the area including fishermen are being affected by the careless discharge of fly ash and the irresponsible transactions initiated by the authorities. 

We are working within the parameters of the CEA :Ministry

In his comments to the , Director-Development at the Ministry of Power and Energy Sulakshana Jayawardana said that the ESP has been repaired and Unit 1 is in its start-up process. “Once completed, it will be functioning along with the other units. Units 2 and 3 are already functioning and are generating electricity. It’s not a huge issue because the flame at the time of the incident and what you see now are quite different. Usually such breakdowns occur in any plant and we have to do frequent repairing and maintenance work to ensure that such incidents don’t take place. We are also working within the parameters given to us by the Central Environment Authority and we are always trying to reduce emissions and pollution,”said Jayawardana.

Repairs are still going on :NWPEA

Airing his views, Provincial Environmental Authority – North Western (NWPEA) Acting Director Saman Lenaduwa said that repairs are still being done and therefore they have shut down the institute. “They haven’t told us when it would recommence. We have sent them a letter and have asked them to shut it down till repairs are complete. Their license too has expired and since there’s a case in the Supreme Court they have to renew it,” said Lenaduwa.

The incident

Footage of fly ash being spewed into the sea was captured by fishermen and was released on social media. This proved how the power plant is not adhering to its environmental protection principles. The Daily Mirror learns that this incident has been taking place since February 22, 2018, but speculation is rife whether the releasing of fly ash began much earlier, in the month of January this year.

The Electrostatic Precipitator (ESP) being one of the power plant’s devices to reduce pollution, each device should remove 300 or more tonnes of dust per day. On the other hand, the Flue Gas Desulphurizer (FGD) is used to remove the sulphur dioxide which eventually contributes to acid rain and both these devices have been malfunctioning for quite a long time. When a malfunction occurs, the 300 tonnes of dust will be released to the sky.



Once the FGD starts malfunctioning, the fly ash will be released into the sea. When the power plant was informed they shut down only on April 12, 2018. On April 11, some fishermen had seen a massive quantum of ash and dirt coming out of the pipes and entering the sea.

It was also found that Unit 1 of the ESP was running below the optimum for nearly one month. It was also found that out of the 16 chambers in the ESP, five of them were malfunctioning by this time and this has been continuing for more than 45 days which is already a violation of the law.

It has been continuing for over 75 days and the fly ash makes everybody suffer. Fly ash has dust particles which are as minute as 2.5 micron particles and can penetrate into the cell membranes of humans as well as animals. It is also carcinogenic and could attack all systems in the body. It also has a higher concentration of heavy metals and this affects vegetation and populations of fish in the area.

Adding to the controversy is the fact that the Lakvijaya Coal Power Plant has also been running without a valid Environmental Protection Licence (EPL) since June last year. Even when one field is broken, the required conditions are not met and are a violation of legal requirements. 

Solar and hydro power plants are less harmful alternatives : CENS 

Speaking to the Daily Mirror Centre for Environment and Nature Studies (CENS) Director Ravindra Kariyawasam said that approximately 15 years ago, 30 coal power plants in Europe were categorized as ‘Dirty Thirty’.

“This also affected America because they were the first to generate electricity from coal. Now they are experiencing the harmful effects of coal and China is in the process of getting rid of coal power plants. Several reports addressing the side effects of coal power plants were exposed. The main components in coal are fossils which have been degraded into the Earth that are now being dug up. Therefore coal includes heavy metals such as Cadmium, Mercury, Arsenic and Nitrate. Once coal is being piled up, these heavy metals also get deposited in the Earth and even get washed into the sea during a shower.

The ash could be spread along a distance of over 500 metres depending on the height of the wind passage. In Norochcholai the direction of ocean winds are towards Anamaduwa, Pallama, Thambuttegama, Thabbowa, Anuradhapura and other surrounding areas. Whenever coal is burnt these ash-induced winds are generated and will affect people in the area. As a result they suffer from skin problems and other complications.

The hot water released from burning coal is released into the sea and this affects marine life. There are five types of turtles in the area and this hot water is spread right throughout the country as there are no barriers to separate this hot water from sea water. It also contributes to global warming,”explained Kariyawasam.

He further said that to generate 300 megawatts of electricity, the power plant emits over 6000 tonnes of sulphur dioxide annually. “For a day they release around 200 tonnes of ash directly into the sea. Another observation is that if you add half a teaspoon of Mercury all organisms would be extinct. In July 2004 I remember thinking why we are in need of coal power plants when Europe is trying to get rid of them. But they do coal mining and have to create a market for coal and for this they identified Norochcholai and it will not stop there.

According to the National Physical Plan there will be two more coal power plants in Trincomalee and somewhere near Aluthgama. We have entered into an agreement with the World Trade Organisation (WTO) to support businessmen and whoever who assumes power will take these projects forward. As alternatives there are solar power plants which people think are green concepts, but they are not as green as people think. This is because they have a battery which could be used for about 10 years and it dies.

This could cause a certain amount of damage, but comparatively, solar power plants cause less harm than others. Three weeks ago, a tile was introduced in Nepal with smaller solar panels. As a result the people generate electricity at home and what is in excess is sold to the Government and they generate an income. This concept is more eco-friendly than coal and nuclear power plants. More than 60% of companies need electricity and this requirement is fulfilled through these power plants. Sri Lanka receives sunlight in abundance and we could use this as an opportunity to generate solar power. We also have the ocean around us and we could use these waves to drive turbines and generate electricity.
But in this case the Ceylon Electricity Board would have less profits. These people claim that because these coal power plants have been designed according to older methods, there are more harmful side effects. When they started Norochcholai they said they would use a micro-method to generate electricity, but this doesn’t stop the ash from spreading into the atmosphere,” added Kariyawasam.

Fishermen and farmers opine

The fishermen and farmers in the area have been affected for the past 10 years as the sea has gotten polluted with the waste that’s being spewed by the power plant. This has resulted in the reduction of fish and  affected their businesses. At the onset of this incident the  visited Kalpitiya and spoke to few fishermen, farmers and people in the area. 





In a letter sent to the Norochcholai Coal Power Plant (see document on top), the North West PEA office has requested them to submit necessary proposals and documents to minimise pollution. Having failed in doing so, the NWPEA has requested the Plant to shut down necessary units and rectify the malfunctioning units immediately. However the Daily Mirror also learned that they have been continuing operations amidst such a backdrop, ignoring the requests from authorities.
Pics by Kithsiri De Mel

EXCLUSIVE: UK sells $445m of arms to Israel, including sniper rifles


Value of sales increase tenfold after 2014 Gaza war amid warnings UK weapons, including gear for snipers, could be used to kill Palestinians
Israeli soldiers reportedly cheered as snipers shot unarmed Palestinian near the Gaza security fence (AFP)

Jamie Merrill's picture
Jamie Merrill, Diplomatic Editor-Tuesday 24 April 2018

LONDON - Britain has approved the sale of arms to Israel worth $445m since the 2014 Gaza war, including components for drones, combat aircraft and helicopters along with spare parts for sniper rifles, according to figures seen by Middle East Eye.
The government data will raise fresh concerns that British-made weapons are being used by the Israeli military in the Occupied Territories, amid fears that components in sniper rifles used to kill scores of Palestinian civilians in recent weeks could have been made in the UK.
Arms export licences to Israel soared to £216m, or $300m at current exchange rates, last year from £20m in the wake of the Gaza war, new Department for International Trade figures show.
UK arms sales to Israel
2015..... £20m ($28m)
2016..... £84m ($117m)
2017..... £216m ($300m)
————————————
Total... £320 ($445m)
Source: Dept for Int Trade
They include a major £183m licence covering "technology for military radars", but ministers have also approved the sale for export of grenades, bombs, missiles, armoured vehicles, assault rifles, small arms ammunition, sniper rifles and components for sniper rifles.
The value of arms approvals to Israel more than doubled last year after £84m in sales in 2016, prompting campaigners to warn that there is "little doubt" that UK-made weapons have been used in the Occupied Palestinian Territories.
The Campaign Against the Arms Trade, or CAAT, which compiled the figures, expressed concern that UK-made radar technology could be used by Israeli jets and helicopters over the Occupied Territories.
However, it is the scale of small arms sales that have prompted fears UK-made sniper rifle components and targeting scopes may have been used by the Israeli military on the Gaza border.
A Palestinian holds tyres near Israel's Gaza security fence. Israeli snipers had shoot-to-kill orders if civilians came near the fence (Reuters)

British weaponry, Israeli oppression

Labour MP Richard Burden, the chairman of the British-Palestine group in Parliament, told MEE that given the risk of weapons being used for "internal repression" in Gaza and the West Bank he was "alarmed by the scale of UK arms exports to Israel in recent years". 
He added that he will be "pressing" ministers to launch an investigation into whether UK arms have been used in "the current Israeli military operations on the Gaza border".
Palestinian officials say at least 40 people have been killed by Israeli forces since the start of a six-week protest at the Israeli occupation, dubbed the Great March of Return, earlier this month.
The shootings prompted international outcry after it emerged Israeli snipers who shot Palestinians had positioned themselves alongside the Gaza security fence, with orders allowing them to shoot unarmed Palestinians who came within 100 yards.
The violence prompted Labour leader Jeremy Corbyn to call for a review of arms sales to Israel in a message condemning its "illegal and inhumane" killing and wounding of "yet more unarmed Palestinian protesters".
Corbyn also called for the UK to support calls for a "independent and transparent" UN inquiry into the shootings and called for a review of the sale of UK-made arms that "could be used in violation of international law".
Government ministers, as well as senior Labour figures including the shadow foreign secretary, Emily Thornberry, have argued that Israel has a right to defend itself from military assault and "terrorist attacks".
The Israeli military says it only fires in self-defence and that its forces on the Gaza border were "identifying attempts to carry out terror attacks under the camouflage of riots", but campaign groups have labelled the shootings a "massacre".
The Israeli military did not respond to a request for comment.
Campaigners have warned British weapons are being used for internal repression by Israeli soldiers (AFP)
Andrew Smith, a spokesman for CAAT, told MEE: "There is little doubt that UK equipment has been used against the people of Gaza time and again, but that hasn't stopped successive governments from licensing even more arms to the Israeli military.
"The appalling scenes we have seen over recent weeks are yet another stark reminder of the repression and abuse that Palestinians are living under every day. The response to protests hasn't just been heavy-handed, it has been a massacre.
"By continuing to arm Israeli forces the UK isn't just making itself complicit in future attacks, it is sending a message of support for the collective punishment that has been inflicted.
"The situation is desperate, and the UK should be working for a peaceful and just solution, not pushing arms sales which can be used in abuses for years to come."
Israel has historically breached assurances given to ministers that UK-made arms would not be used in the Occupied Territories.
Critics of the British arms trade say that the sale of weapons to Israel also stands in stark contrast to Foreign Office warnings in its most recent annual human rights report that Israel’s occupation policies continue to violate the "human rights of Palestinians".
There is little doubt that UK equipment has been used against the people of Gaza time and again
- Andrew Smith, CAAT
That report cited "punitive demolitions" of homes belonging to the families of Palestinians suspected of perpetrating attacks on Israelis.
Chris Doyle, the director of the Council for Arab-British Understanding, or CAABU, told MEE it was an "outrage that Britain is still selling such weaponry to a state that treats human life and international law with such contempt".
Campaigners have also expressed alarm that some of the weaponry approved for export, such as military radar, components for fast jets and helicopter parts, is of the sort previously used by Israeli forces in Gaza and the West Bank, including during the 2014 Gaza war - dubbed "Operation Protective Edge" by Israel - and during the 2009 assault.
After the 2009 conflict - "Operation Cast Lead" - the influential Commons committee on arms exports reported that British arms exports "almost certainly" were used in the attack, in direct contravention of the UK's policy that arms exports should not be used in the Occupied Territories.
Britain sold Israel components for the US-made Apache helicopter, which have been used inside Gaza (AFP)

British restrictions lifted

The then foreign secretary, David Miliband, said Israeli equipment used in the attack on Gaza "almost certainly" contained British-supplied components, including cockpit displays in US-made F-16 combat aircraft, and components for the fire control and radar systems, navigation equipment and engine assemblies for US-made Apache attack helicopters.
There were renewed calls for a halt to arms sales during the Gaza conflict in 2014, which resulted in the deaths of more than 2,200 Palestinian and 76 Israelis. The then-prime minister, David Cameron, said all export licences would be reviewed.
However, all restrictions on arms sales to Israel were dropped in 2015 following a 12-month review, in which the government admitted UK-made weapons may have been used in the 2014 bombardment of Gaza.
Since then, MEE understands the government has made no assessment of whether UK weapons have been used in the Occupied Territories, and arms licences have soared.
A spokesman for the Department for International Trade said the UK "takes its export control responsibilities very seriously and operates one of the most robust export control regimes in the world".
It added: "We rigorously examine every application on a case-by-case basis against the Consolidated EU and National Arms Export Licensing Criteria, with risks around human rights abuses being a key part of that process.
"We will not grant a licence if doing so would be inconsistent with these criteria and will suspend or revoke licences when the level of risk changes."