Scissor Sisters’ Jake Shears on coming out, LGBT mental health and being a member of the LGBT community in Trump’s America

Symeon Brown-6 May 2018

As lead singer of the multi-million selling band Scissor Sisters, Jake Shears found fame – along with critical success – performing a heady mix of glam-rock and queer transgression. But in his new autobiography ‘Boys Keep Swinging’, the focus is on the more challenging parts of his life: his difficult childhood in suburban Seattle, coming out in High School, and his years as a go-go dancer in gay strip bars in New York.

Democracy, Nationalism and the Nation State, with Reference to Sri Lanka

Featured image courtesy British High Commission

L. C. ARULPRAGASAM- 05/05/2018

The ex-colonies at their independence were presented with a state conforming exactly to their former colonial boundaries. They were expected to build one nation into it – even if there were two or more nations within them. We thus started with a ‘state nation’ and not a nation state; because the state was established first, with the hope that one nation could be fitted into it. Democracy was to be the means by which this was to be achieved. This article seeks, from a historical, constitutional and political perspective, to analyse some of the problems that have arisen in doing so.

Democracy, Nationalism and the Nation State, with Reference to Sri Lanka.docx by Thavam on Scribd

A Sound Electoral Justice System For Sri Lanka

By S. Ratnajeevan H. Hoole –MAY 6, 2018

Prof. S. Ratnajeevan H. Hoole

Electoral Justice Defined

I was privileged to represent Sri Lanka at the International Roundtable Meeting on Electoral Justice, 2-3 May, 2018 in Jakarta. It was organized by the Election Supervisory Board of the Republic of Indonesia.

What indeed is Electoral Justice? We manage elections by certain rules. As developed at the meeting, ours is a human endeavor. We human actors who design, administer and participate in the electoral process will from time to time violate electoral norms. In these circumstances, the capacity of a damaged electoral process to be repaired, punish wrongdoing through the fair resolution of disputes, the just sanctioning of crimes and other illegal activity, and the correction of irregularities is the process of restoring electoral justice.

An Electoral Justice System, EJS, as defined by The International Institute for Democracy and Electoral Assistance (IDEA), is the means or mechanisms to ensure and verify that electoral actions, procedures and decisions comply with the legal framework and to protect and restore the enjoyment of electoral rights. An EJS is a key instrument of the rule of law, and the ultimate guarantee of compliance with the democratic principles underlying free, fair and genuine elections.

The lead speakers Frank McLoughlin and Therese Pearce-Laanela of IDEA, and Prof. Carla Luis and Dr. Fritz Siregar of the Portuguese and Indonesian Election Commissions respectively, put together the features of an ESJ. These are ensuring that each action, procedure and decision is in compliance with the legal framework, protecting electoral rights, and giving people who believe their electoral rights are violated the opportunity to file a challenge, be heard and receive a ruling.

Sri Lanka – Time Sensitivity?

In Sri Lanka we have almost perfected the art of administering elections while paying little heed to whether we have a vibrant EJS. The EJS process needs to be time sensitive, resolving issues quickly. Clearly, our Sri Lankan system failed this test in the Geetha Kumarasinghe case where the matter dragged on through the courts for 2 years before resolution. For that time, a person purporting to be an MP drew her salary and other benefits, and represented the people of her electoral district. Similarly at the local government elections, we had many candidates who were ineligible for the reason of being unqualified to register in the relevant ward. Yet, the Commission could not reject their illegal nominations. This is because the Supreme Court has ruled that the Returning Officer cannot reject papers except for the short list of reasons given in the election laws. We must therefore let them contest, and if they are elected, let the complainant file a case and wait for two years or more to get a verdict. As the matter plays out, some 13 members of the Maharagama Council who are not from within their wards (but were elected because we could not reject their nomination papers) allegedly sent the Commission their resignations. Subsequently however the elected members said they had never sent those letters. It is a mess that defies resolution. The people of those 13 wards lose because there is no effective EJS.

Supreme Court: Infallible?

If we had a proper EJS, we would re-canvass the Supreme Court decision saying that because the Election Commission under the constitution has the duty to uphold all election laws, we must be allowed to reject papers for reasons other than those explicitly listed as reasons for rejecting nominations. This situation where the Commission accepts a clearly wrong Supreme Court decision shows there is no EJS. Surely, a Commission must be confident of its reasoning, no matter what the Supreme Court says, and be prepared to argue its views before the court or parliament rather than feeling inferior to challenge the Supreme Court.

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Will President Sirisena heed Naseby’s advise? 

Lord Naseby and Prsident Sirisena

by Rajeewa Jayaweera-May 5, 2018, 6:49 pm

President Sirisena met with British Peer Lord Naseby during his recent visit to attend CHOGM in the UK.

In October 2017, Naseby, after appealing to the British Information Commissioner, obtain 39 pages of highly redacted confidential dispatches from the British High Commission in Colombo during the last stages of the Vanni campaign. During a debate in the House of Lords, he urged the UK government to revisit the UNHRC Resolution 30/1. Despite redactions, dispatches estimated 7,000 to 8,000 civilian deaths during the closing phase of the conflict with around a quarter of them being LTTE cadre in civilian clothing. One such document contained, "certainly there was no policy to kill civilians by Sri Lankan army."

On the other hand, the United Nations Human Rights Council (UNHRC) Resolution 30/1 is based on the UN Secretary General’s Panel of Experts (PoE) report, also known as Darusman Report.It states; "Two years after the end of the war, there is still no reliable figure for civilian deaths, but multiple sources of the information indicating that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all the victims and the formulation of an accurate figure for the total number of civilian deaths." (PoE Report p 41, sub-para 137). It accused government forces of "(i) killing of civilians through widespread shelling (ii) Shelling of hospitals and humanitarian objects" (Executive Summary p iii para 5) deliberately targeting civilians.

Even six months after Naseby’s revelations, the Sirisena-Wickremesinghe administration has not requested a review of the Geneva Resolution.

During their recent meeting, Naseby had made some very sensible and relevant suggestions to Sirisena on how to deal with the contentious resolution.

He had suggested; (i) With the Office of Missing Persons (OMP) now activated, it could proceed with the task of resolving the issue of thousands of persons reported missing or dead during the conflict. (ii) Replace the wartime Prevention of Terrorism Act (PTA) with an Act more appropriate for peacetime. (iii) The need for a Truth and Reconciliation Commission (TRC) as recommended by UNHRC. (iv) The government should release monthly, or quarterly bulletins with details of occupied land returned to owners in the Northern and Eastern provinces.

The first suggestion is of enormous importance to Sri Lanka and requires assiduous handling. The OMP office must necessarily embark on the task of preparing a comprehensive list of missing persons. With such a list, assistance need be sought from US, UK, other EU countries, Canada, Australia, and India to reconcile with names of all those granted asylum by said countries.

The PoE, between October 27, and December 31, 2010, received 4,000 submissions from more than 2,300 senders (PoE Report page 5, sub-para 17). The report does not contain the information if those submitting information were only from members of Tamil community or included those from the Sinhalese community, mostly JVP members who fled the country. A list of missing persons mutually agreed by Sri Lanka and asylum granting nations to Tamils and Sinhalese is vital due to the possibility of those listed as missing or killed in Sri Lankan living under assumed names in foreign countries. The workload of OMP would reduce substantially in the event missing/dead persons are found to be alive.

Three examples of such cases which surfaced during the last decade are;

The film titled ‘Dheepan’ awarded the Palme d’Or, Festival in Cannes in 2015 is a true story. Dheepan was about an LTTE terrorist (referred to as freedom fighter, refugee and immigrant in publicity material and reviews). It begins with Dheepan, in LTTE uniform, at the funeral pier of a fellow terrorist at the tail end of the conflict. After the funeral, he destroys his uniform, obtains civilian clothing and decides to flee, taking with him two total strangers – a young woman Yalini in her early twenties and a little girl Illayaal, nine years old using false documents. The ‘family’ travels from Northern Sri Lanka to South India and finally to Paris. The group eventually obtains asylum as a ‘family’ based on false documentation and declarations. The film ends with Dheepan and Yalini entering wedlock and having a child, with Illlayaal as a family member, all moving to the UK. The French and British governments need be requested to provide the real names of Dheepan, Yalini and Illayaal and details of where they lived before fleeing Sri Lanka,to ascertain if they are reported dead or missing.

According to a report filed by veteran journalist DSB Jeyaraj, a Tamil engineer named Kathiravelu Thayapararajah had functioned as Director of the LTTE operated Vanni Tech. He was a known LTTE activist but not a combatant and disappeared in September 2009. A commonly believed theory was, members of armed forces had abducted, tortured and murdered Kathiravelu. The University Teachers for Human Rights (Jaffna), the Australian Government Refugee Review Tribunal, Tamilnet and the European Center for Constitutional and Human Rights among others blamed Sri Lankan authorities for Kathiravelu’s disappearance. A Human Rights organization took up the issue with Robert Blake, the then US Asst. Secretary for South East Affairs and one-timeUS Ambassador to Sri Lanka from September 2006 till May 2009 who had agreed to investigate the matter through the US Embassy in Colombo. On May 06, 2014, Kathiravelu was arrested by the Tamil Nadu Police in Dhanushkodi together with nine others including five children attempting to enter India without valid travel documents.

One-time hardcore JVP activist Premakumar Gunaratnam, having fled Sri Lanka after breaking out from Bogambara Prison in 1988 had been granted asylum in Australia. He returned to Sri Lanka in September 2011 and was involved in local politics as a member of Frontline Socialist Party, a breakaway faction of the JVP. Having ‘disappeared’ sometime in early April 2012, he ‘surrendered’ to Police a few days later claiming to have been ‘dumped’ by his ‘abductors.’ The then Australian High Commissioner in Colombo Robyn Mudie turned up with Australian passport N1016123, claimed Gunaratnam was an Australian citizen named Noel Mudalige and demanded his release. He was deported on April 10.

These are, but three examples of a dead or missing LTTE combatant and two LTTE and JVP activists found to be living in overseas countries.

Nearly nine years have passed since LTTE was defeated and there have been no signs of a resurgence of terrorism. PTA was a requirement during the civil war, and there is merit in the suggestion to replace the Act with one more suitable for peacetime. Its replacement must not be viewed as a requirement to satisfy the international community but a necessity for the citizens of this country.

Different types of Truth & Reconciliation Commissions have been set up in several countries, tasked with discovering and revealing past wrongdoing by governments and non-state actors in the hope of resolving conflicts left over from the past. Some have contributed to healing wounds from the past. The Lessons Learnt & Reconciliation Commission (LLRC) was unfortunately not adequately funded and many of its recommendations not implemented. Therefore, a fresh initiative would be essential to move forward with the reconciliation process.

Sufficient time has passed for the state to make up its mind on land required in the North and East for national security purposes. Indefinite occupation of private property does not in any way contribute to reconciliation. In fact, it is a key irritant and adds to the notion that the government is not sincere in its efforts in addressing the national question. Some land has been returned since January 2015 but not given adequate publicity. Therefore, it is time for a decision on what can be released, and compensation paid for what cannot be returned.Meanwhile, the publication of periodic figures, perhaps quarterly, of land returned to rightful owners should be seriously considered.

"Only a proper investigation can lead to the identification of all the victims and the formulation of an accurate figure for the total number of civilian deaths" stated in the one-sided PoE Report makes little or no sense.

In preparing the report, they have not considered some very relevant information/documents; (i) confidential cables from US embassy in Colombo to State Department in Washington released by Wikileaks. (ii) contents of a classified cable from the then US Ambassador to Geneva, Clint Williamson after his confidential conversation with then ICRC Head of Operations Jacque de Mio on July 09, 2009, clearing SL Army of crimes against humanity, released through Wikileaks. (iii) views expressed by British Lawyer and one-time UN Chief War Crimes Prosecutor in Sierra Leon Sir Desmond de Silva and British military expert Major General Holmes. (iv) reports from the then UN country team in Sri Lanka and former UN media spokesman Gordon Weiss (v) dispatches by former British Defense Attaché in Colombo, Lieutenant Colonel Anton Gash. (vi) Causality estimates of other credible organizations, i.e., 6,710 (US State Department), nearly 7,000 (International Crisis Group), 7,721 (UN Country Team) and 10,000 (Amnesty International).

In ignoring such crucial information, PoE members have displayed extreme bias and prejudice.

The Geneva Resolution ignored the Paranagama Commission Report which called for a domestic judicial investigation, backed by international technical assistance and foreign observers.

US and UK were key promoters of the Geneva Resolution. By not insisting PoE members take all available material including confidential dispatches from their respective representatives on location in Sri Lanka in their deliberations indicates ulterior motives other than professed humanitarian considerations. It also projects a lack of faith in their representatives.

The OMP has it work cut out. The Paranagama Commission received 21,000 complaints (Executive Summary p xviii para 16) related to so-called disappearances and extrajudicial killings.This readymade list of missing and dead persons could be handed over to US, UK, other EU countries, Canada, Australia, and India for reconciliation with details of those granted asylum. States declining to cooperate could be reported to UNHRC for hindering the implementation of item 4 in UNHRC Resolution 30/1.

The OMP is an independent commission not subject to government direction. That said, there is no law against the commission requesting the assistance of government agencies in carrying out their mandate.

Most importantly, what is required is the political will on the part of the Sirisena-Wickremesinghe administration and for its leaders to provide the political leadership necessary to address the issue at hand.

Furthermore, Sri Lanka must do what it takes to establish the truth about the mythical 40,000 deaths during the Vanni campaign, so critical in meeting the challenges of the Geneva Resolution.

Will President Sirisena heed Naseby’s advise?

Arjuna Ranawana Joins Hands With Tiran Alles, Dharisha Bastians Takes Up Lake House Position

MAY 5, 2018

“Tourist journalist” Arjuna Ranawana has joined Ceylon Today as Editorial Director, owned by Tiran Alles, a former Member of Parliament and a man facing multiple charges of financial wrongdoing.

Arjuna Ranawana

Meanwhile Dharisha Basitians has been appointed as the Editor of ‘The Observer’ published by the state-owned and government controlled Lake House.

Bastians has won multiple awards for excellence in journalism. Lake House has the reputation for toeing the line the particular government in power. It comes under the Media Ministry and political loyalty is a non-negotiable prerequisite for anyone holding a top position.

Ranawana is well-known in media circles as a ‘tourist journalist’ who chooses to take up positions in Sri Lanka in ‘safe times’. He worked at Lake House as the Editor of the Daily News from April 2002 to March 2003, during the short-lived UNP regime under current prime minister Ranil Wickremesinghe.

He was hired as the Director News at Maharaja Television for a fat purse and worked there briefly before being recruited as Director, Sri Lanka College of Journalism run by the Sri Lanka Press Institute (SLPI). Not only did he secure a handsome remunerative package but even convinced SLPI to recruit his wife.

Ranawana left the island along with his family in April 2008 when they secured Canadian citizenship

Dharisha Bastians

.

Bastians has worked in several newspaper houses including the one owned by Alles. She left Ceylon Today along with the then editor, Lalith Allahakkoon and others, complaining of the management of curtailing editorial independence. Alles is also notoriously devoid of basic journalistic ethics.

After taking up these positions, both Ranawana and Bastians, who make out that they are liberal and independent journalists, have called and emailed independent columnists urging them to write for the two politically compromised publications they are in charge of. These columnists have been told that they could use pseudonyms if they so wish. Many of these columnists contribute to Colombo Telegraph.

Some of the columnists who spoke to Colombo Telegraph said that they are being offered payment, raising the concern that there is an attempt to co-opt them and force them to compromise their independence.

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Media, Social Justice and Rule of Law

2018-05-04

Yesterday was World Press Freedom Day and the United Nations Education, Scientific and Cultural Organisation (UNESCO) which coordinates the event said every year May 3 is the date on which we celebrate the fundamental principles of press freedom. The aim is to evaluate press freedom around the world, to defend the media from attacks on their independence and to pay tribute to journalists who have lost their lives in the exercise of their profession.   

According to UNESCO, World Press Freedom Day was proclaimed by the UN General Assembly in 1993 following a recommendation adopted at the twenty-sixth session of UNESCO’s General Conference in 1991. This in turn was a response to a call by African journalists who in 1991 produced the landmark Windhoek Declaration on media pluralism and independence. Last week in one of the worst attacks on journalists, a suicide bomber, posing as a journalist killed nine journalists in Afghanistan. Among them was a well known photojournalist who works for the French news agency AFP and had risked his life for more than a decade to show the world what was happening to innocent, voiceless people in that war-ravaged country. 

 
UNESCO says it is a day to encourage and develop initiatives in favour of press freedom, and to assess the state of press freedom worldwide. May 3 serves as a reminder to governments of the need to respect their commitment to press freedom and is also a day of reflection among media professionals about issues of press freedom and professional ethics. Just as importantly, World Press Freedom Day is a day of support for media which are targets in the restraint, or abolition, of press freedom. It is also a day of remembrance for those journalists who lost their lives in the pursuit of a story. 

 
In a message to mark the event, UNESCO Director General Audrey Azoulay says our liberty depends on the freedom of the press, and that cannot be limited without being lost. These words written by Thomas Jefferson in 1786, when he was fighting for the independence of his country, have a universal scope that transcends the historical moment of the foundation of the United States of America.   

Any State under the rule of law and respects individual freedoms, particularly the freedoms of opinion, conscience and expression, relies on a free, independent press that is safe from censorship or coercion, she says.   

The ideal of a State under the rule of law calls for well-informed citizens, transparent political decisions, public debates on topics of common interest and a plurality of viewpoints that shapes opinions and undermines official truths and dogmatism. This shaping and informative power mainly falls to the press and the media in general, under all their guises and through various mediums.   

UNESCO says it is actively involved in defending the freedom of expression, which is at the core of its mandate, and today marks the 25th World Press Freedom Day. The theme chosen this year is an open invitation to think of the relations between the media, justice and the rule of law. It is also an opportunity to examine the new challenges regarding the freedom of online press, the Director General adds.   

In Sri Lanka print media journalists held several events to mark the day. These included a prayer service at the Cinnamon Gardens Baptist Church. It was organized by the National Christian Council of Sri Lanka (NCCSL) in co-operation with the Movement of Journalists for Media Ethics and Social Justice.   

Among key issues, journalists need to deeply reflect today on what their essential role is, their goals and vision. Essentially a journalist needs to be the voice of the voiceless people spotlighting the crisis facing millions of people who are caught up in a poverty trap set up by a selfish and wicked world. Journalists need to be their voice, spotlighting their plight in a manner that compels the authorities to meet the needs of these poverty-trapped people, restore their dignity as human beings and give them a voice in the decision-making processes. The commitment to a peaceful, just and all inclusive society needs to be one of the principles of journalism. On a day such as this, journalists also need to commit themselves to the principle of free, accurate and balanced reporting or investigative feature writing without allowing themselves to be used as tools of political parties or to achieve the vested interests of media group investors.   

Be The Voice For Change – Read, Share & Sign The Petition

By Arun Kumaresan –AY 5, 2018

Arun Kumaresan – Air Vice Marshal (Ret’d)

“Progress is impossible without change, and those who cannot change their minds cannot change anything” ~ Bernard Shaw

I accidently bounced into this beautiful piece of writing that symbolizes a desired end point during a passionate discussion with persons claiming to be the nations change agents. Passions apart; the discussion enabled me to dig out this document and surprisingly a well choreographed piece of work- to put it in the correct perspective – by a person by the name of Nirmalan Dhas; whom I have never met or known except for some cursory exchanges at common social media platforms. It gives a broad and holistic framework, which our political masters and policy makers may refer and keep as a bench mark if they believe in creating a nation for us and generations to come.

Hence, I thought of sharing this with the learned readership to read and share and if convinced, to sign the petition in the link at the end of the text.

My Sri Lanka

(Composed by Nirmalan Dhas)

“Change Sri Lanka from an authoritarian Sinhala Buddhist Majoritarian mono ethno religious state that violently marginalizes its ethnic and religious minorities with absolute impunity and colludes with disappearances, torture, rape murder, harassment and widespread corruption into a law governed multi ethnic multi religious liberal democratic cosmopolitan state free of corruption and extra judicial actions where right is might rather that might is right.

 My Sri Lanka is not a Sinhala country or a Tamil country or an English country.

It is not a Buddhist country or a Hindu country or a Muslim country or a Christian country or a country belonging or dedicated to any one single religion, or ethnicity.

My Sri Lanka is not a Sinhala Buddhist country and belongs to Sinhala Muslims, Sinhala Christians, Sinhala Hindus and Sinhala Buddhists and to Tamil Muslims, Tamil Christians, Tamil Hindus and Tamil Buddhists and to English Muslims, English Christians, English Hindus and English Buddhists as well as to all other linguistic, religious and ideological groups with their historical and cultural backgrounds who have become citizens of the Sri Lankan State, and who are therefore known as all over the world as “Sri Lankans”.

My Sri Lanka will have a constitution that ensures that no person residing on the territories of the state shall enjoy any more privileges than those enjoyed by any other and that the constitution of the state ensures, protects and defends this equality and prevents and punishes any and all infringements or threats of infringement thereof.

My Sri Lanka will ensure that no person is above the law and that waiver of liability conferred on the president or any other official shall be limited only to those actions performed in official capacity and authorized by the parliament or other relevant authority which authorizing authority shall then assume such liabilities.

My Sri Lanka will generate a culture of welcoming cosmopolitan inclusiveness and tolerance based on the rule of law and democratic process and the doctrine of human rights as set out in the universal declaration of human rights that rejects, prevents, prosecutes and removes violence in all its forms, including kidnapping and illegal detention, rape, torture, murder and disappearances and leads to the rapid generation of an island wide movement against harassment, kidnapping, rape, torture, disappearances, murder and all forms of violence that will bring peace through the establishment of civilized norms of conduct and governance that give freedom for each one and all to pursue legitimate objectives.

My Sri Lanka will oppose the ongoing culture of impunity by ensuring that all acts of corruption claimed to amount to a staggering 25% of the value of the island nations Gross Domestic Product as well as the extra judicial killings that have been allowed to occur are investigated; especially those of Raviraj, Lasantha, Prageeth, Thajudeen;  and all those responsible prosecuted and punished.

My Sri Lanka will embrace top down economic development that finance rapid bottom up growth and all round social support with  the capital market as its core economic driver, along with all concomitant economic functions appropriate to an enrepôt that will finance the establishment and servicing of resilient and sustainable social support and species survival  systems and supply chains (R7SC) and global processes of environmental repair regeneration rehabilitation and development (GPE3RD)

My Sri Lanka will bring a quick differentiation between war heroes and war criminals and the decoration and the celebration of all war heroes along with the investigation prosecution and punishment of war criminals.

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Sweet deal turns sour for Sirisena

ECONOMYNEXT –May 5, 2018, 7:45 pm 

The arrest of the President’s Chief of Staff while allegedly accepting a 20 million bribe may have seriously damaged Maithripala Sirisena ’s image and weakened his position within the tenuous coalition.

"May ape Mahanama?! (Our Mahanama?)" the president reportedly asked twice, not believing that his trusted aide had been arrested following a sting operation four weeks in the making.

Mahanama retired recently from the Ministry of Lands where he was secretary and he is regarded as the key figure who had allegedly obstructed the Indo-Singaporean joint venture that wants to invest $100 million in the defunct Kantale Sugar factory.

Following his retirement last month, Mahanama was chosen to be Sirisena’s Chief of Staff because of the long association between the two men, official sources said.

The second man arrested along with Mahanama on Thursday was Piyadasa Dissanayake, the Chairman of the State Timber Corporation. That appointment was also made by Sirisena as Minister of Environment.

The two men had initially demanded 540 million rupees to sweeten the sugar deal for the Indian and Singapore investors, but later reduced their "fee" to 100 million, according to the bribery detectives. The two men were receiving the first tranche of 20 million rupees when they were caught.

"The President was informed about the involvement of some officials in his secretariat, but he did not know who the target was until the arrest," an official involved in the sting said.

The President’s office issued a statement on Thursday night in a bid to deflect responsibility. In his rush, he may have also inadvertently convicted the two men even before they were formally charged.

The president "advised the authorities to strictly enforce the law against the two offenders," the president’s statement said, virtually pronouncing them guilty.

However, political sources say the incident is a major setback for Sirisena who is embroiled in a cold-war power struggle with Prime Minister Ranil Wickremesinghe.

Sirisena had used the Central Bank bond scam to discredit Wickremesinghe’s United National Party, arguing that the fugitive former central bank governor Arjuna Mahendran was a nominee of the Prime Minister.

The tables have now turned. By Sirisena’s own logic, he should accept responsibility for Mahanama taking a bribe from a foreign investor. Sirisena was dislodged from his moral high ground last month following reports that his daughter had obtained a liquor licence although he himself had restored a ban on women buying or serving liquor at restaurants. The sugar deal that went sour is only making things worse for Sirisena.

Private anti-corruption activist Keerthi Tennakoon questioned why Mahanama was made President’s Chief of Staff despite long-standing allegations of corruption against him from his days at the Lands Ministry.

Sirisena attempted to discredit the UNP over the bond scam, but the sugar scandal could be a blot on Sirisena’s record and strengthen allegations of other wrong doings including in the purchase of a naval craft from Russia. The Presidential Secretariat has denied any wrong doing in buying a vessel from Russia at a cost of over $100 million, but Sirisena’s high officials being implicated in corruption could raise fresh questions about other transactions too.

Mahinda comes to Ranil’s rescue once again!

 MAY 06 2018

The so called new Cabinet of Ministers, which turned out to be the result of the fourth Cabinet reshuffle since the Yahapalana Government came into power in 2015, was announced on International May Day (1) with nine incumbent Ministers seeing a change in their portfolios, five current Ministers seeing only an addition of portfolios, three incumbent Ministers retaining the same portfolios and only one new Minister being appointed.

Former Minister of Fisheries and Aquatic Resources Development Mahinda Amaraweera was appointed as the Minister of Agriculture while former Minister of Agriculture Duminda Dissanayake was appointed as the Minister of Irrigation and Water Resources Management, and Disaster Management.

Former Minister of Special Assignment Dr. Sarath Amunugama was appointed as the Minister of Science, Technology and Research, and Skills Development and Vocational Training, and Hill Country Heritage. The Special Assignment portfolio no longer exists.
Former Minister of National Co-existence, Reconciliation and Official Languages Mano Ganesan retained the Reconciliation and Official Languages portfolios and was also appointed as the Minister of National Integration. Prior to the transfer, the subject of National Integration was held by President Maithripala Sirisena. The National Co-existence portfolio no longer exists.

Former Minister of Rural Economic Affairs P. Harrison was appointed as the Minister of Social Empowerment. Former Minister of Higher Education and Highways Kabir Hashim retained the Highways portfolio and was also appointed as the Minister of Road Development.

Former Minister of Internal Affairs, Wayamba Development and Cultural Affairs S. B. Navinna retained the Internal Affairs and Wayamba Development portfolios. Former Minister of Wildlife and Sustainable Development Ravindra Samaraweera was appointed as the Minister of Labour and Trade Union Relations.
Former Minister of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs D.M. Swaminathan retained the Rehabilitation, Resettlement, and Hindu Religious Affairs portfolios and was also appointed as the Minister of Northern Development.

Former Minister of Irrigation and Water Resources Management Wijith Wijayamuni Zoysa was appointed as the Minister of Fisheries and Aquatic Resources Development, and Rural Economy.
Incumbent Minister of Justice Thalatha Atukorale was also appointed as the Minister of Prison Reforms.
Incumbent Minister of Regional Development Field Marshal Sarath Fonseka was also appointed as the Minister of Sustainable Development and Wildlife.
Incumbent Minister of Primary Industries Daya Gamage was also appointed as the Minister of Social Welfare.

Incumbent Minister of Youth Affairs and Southern Development Sagala Ratnayake was also appointed as the Minister of Project Management.
Incumbent Minister of Public Administration and Management, and Law and Order Ranjith Madduma Bandara was reappointed as the same.
Incumbent Minister of Public Enterprise and Kandy Development Lakshman Kiriella was reappointed as the same.
Incumbent Minister of Sports, and Provincial Councils and Local Government Faiszer Musthapha was reappointed as the same.

Parliamentarian President’s Counsel Dr. Wijeyadasa Rajapakshe was appointed as the Minister of Higher Education and Cultural Affairs. Even though, it was highly speculated former minister Ravi Karunanayake would also be sworn in as the Minister of Tourism such did not take place up to date. Karunanayake quit in August 2017, owing to the findings of a Presidential probe into the Bond scams and Rajapakshe was removed, in August 2017 for violating collective Cabinet responsibility when he criticized the Hambantota Port deal with China. The UNP lobbied heavily for the appointment of Karunanayake but President Sirisena remained adamant. The Cabinet reshuffle also saw Samurdi and Labour subjects which were under SLFP ministers previously being transferred to the UNP.

Even though now the Cabinet has more UNP flavour to it, in response a repeated grouse the party made as an excuse against criticism on Government’s poor performance for the past three years, it appears that UNP is still not happy with what they already have.

It was not a secret that many who held State and Deputy Ministerial portfolios expected a Cabinet Ministerial portfolio while those already in the Cabinet were expecting more powerful or better portfolios. In addition, some backbenchers of the party who appeared to stand by PM Ranil Wickremesinghe against all odds were expecting at least a Deputy Ministerial portfolio.
The disappointment was made public on two occasions through remarks made by newly appointed Wildlife Minister Sarath Fonseka and Deputy Minister Ranjan Ramanayake.
One wonders whether the main qualification needed to get a Cabinet portfolio is engaging in corruption, Deputy Minister Ranjan Ramanayake said.

Ramanayake came out with this statement responding to the Cabinet reshuffle and the reshuffling of State and Deputy Ministers during the last two days.
“I have not been engaged in corruption and had got only a Deputy Minister’s post and I wonder whether the main qualification needed to get Cabinet portfolios is engaging in corruption,” Ramanayake said.

Meanwhile, Minister of Sustainable Development, Regional Development and Wildlife Sarath Fonseka on Friday (4) alleged that although Prime Minister Wickremesinghe had proposed his name to head the Ministry of Law and Order it had been scuttled by the President.
He claimed that President Sirisena had informed him that the most recent Cabinet reshuffle had been carried out after having considered the perspectives of foreign nations towards the country.

Fonseka added that the President had confided in him that he had opposed the Law and Order Ministry being given to him due to requests from several countries, as he had previously served as a Commander of the Army.
He further added that he was personally feeling disappointed about having supported the candidacy of Sirisena for the Presidency considering his servile attitude towards foreign powers.

Flying saucers

On Wednesday (2) internationally- acclaimed filmmaker Dr. Lester James Peries  bid adieu to the nation in a funeral held under State patronage. Though the public, artistes and politicians were mourning the final departure of 99-year-old filmmaker with heavy hearts, those who were present near the main stage couldn’t help but notice a mini drama of flying saucers.

President Sirisena was seated next to Sumithra Peries, wife of Dr. Peries and next to him were PM Wickremesinghe and former President Mahinda Rajapaksa. There was a teapoy in front the President and the Premier where there were two glasses of water topped with saucers kept for the two leaders. President Sirisena who flipped through a souvenir on Dr. Peries distributed during the funeral tried to keep it on the stool in front of him when his hand accidently came in contact with the glass of water making the saucer flying onto the floor.

Both PM Wickremesinghe and former President Rajapaksa were seen turning their heads towards President Sirisena. After realizing what happened President Sirisena bent over to pick up the saucer while the other two looked away with a suppressed smirk and an expression which could be translated into “you clear your own mess”. Yet, things didn’t turn out well for PM Wickremesinghe either. When the later got up and was walking to the podium to deliver his speech, his foot came in contact with the leg of the glass stool making the saucer of his glass of water also flying off.
Wickremesinghe, who appeared to realize that something happened turned back and noticed the fallen saucer. He was about to come back and pick it, when the former President Rajapaksa gestured him to proceed. “You go ahead, I’ll take care of this,” seemed what was conveyed as he then bent over, picked the saucer and placed it carefully over the glass of water.

Even though it didn’t take much time for all these things to happen and it was not an unusual event at such a clustered environment, those who witnessed it all were heard saying it also shows the real politics in the country. Many were heard saying “just like in any other case, Mahinda was quick to offer help when Ranil is in trouble.”
It was widely believed in political circles, that Rajapaksa backed the No-Confidence Motion against PM Wickremesinghe was to hurriedly move in at a time the latter was under immense pressure to step down from UNP leadership, in order to save Wickremesinghe and buy him more time. This allegation was later justified by those who claimed so by pointing out that all those, including UNP back-benchers united to protect Wickremesinghe and voted against the NCM.

Corruption shock

A few hours after the funeral, came the shocking news of President’s Chief of Staff I.H.K. Mahanama and State Timber Corporation Chairman P. Dissanayake being caught while they were in the process of accepting a bribe of Rs 20 million.
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) on Thursday (3) arrested President’s Chief of Staff I.H.K. Mahanama and State Timber Corporation Chairman P. Dissanayake (Private Secretary to former President Chandrika Kumaratunga) while they were in the process of accepting a bribe of Rs 20 million, at a luxury hotel in Colombo, as an advance for a deal involving the sale of machines and equipment belonging to the Kantale Sugar Factory, to a private Indian company at a low price.

The raid was conducted on a complaint made by an Indian national, who had previously had discussions with the suspects regarding the deal.
CIABOC Officers said that the suspects had promised to sell the machines and equipment at Rs 540 million. They further stated that upon a request made by the Indian national to reduce the price, the suspects had reduced the price to Rs 100 million. The suspects had, however, demanded Rs 20 million as an advance for going ahead with the deal.
President Sirisena ordered the interdiction of his Chief of Staff Dr. Mahanama and State Timber Corporation Chairman Dissanayake.

Apart from their immediate suspension, the President has also advised the relevant authorities to take strict legal action against the offending duo.
In a press statement released in this connection, the President has stated that the incident confirmed the importance, of establishing independent commissions, implementing Government policies against bribery and corruption, and the law enforcement authorities performing their duties impartially and independently.
Meanwhile, Executive Director of the Campaign for Free and Fair Elections (CaFFE), Rajith Keerthi Tennakoon, claimed that the former Chairman of the Board of Investments, Upul Jayasuriya, had to resign from his post, following the revelation made about the sale agreement of the Kantale Sugar Factory (KSF) property.
Tennakoon claimed that in 2017, Jayasuriya had announced to the media that the then Ministry of Lands had failed to clear the defunct machinery on the property and handover the buildings as well as release the lands to the investors, long after the agreement was entered into between the Government of Sri Lanka and the Indian company for the sale.

Speaking at a media briefing, Tennakoon said that the estimated scrap value for the defunct machinery was Rs 50 million, which was later negotiated with the buyer to be sold for a lesser value.  “This Investor has taken legal action through international arbitration against the aforementioned matters. They have also signed a security bank bond of US$ 10 million as part of the agreement. According to that agreement, 51 per cent of the ownership of the Sugar Factory would be held by the Sri Lanka Government and the balance 49 by the Indian Company. Thus, we ask the Government as to why they are not taking steps to execute that agreement,” Tennakoon further said.
The ‘Lawyers for Democracy’ meanwhile, has hailed signs of non interference by President Sirisena in high profile arrests of Chief of Staff.

“The stage was set for the bureaucracy to deal with corruption fearlessly only after the fall of the Rajapaksa administration in 2015. It is vital that the people recognize the courage displayed by officials in the Bribery Commission in the recent past where corruption cases were filed against powerful former officials like Gotabaya Rajapaksa and a serving Court of Appeal Judge. Still, rogue elements mobilize supporters to protect the corrupt with the active support of the previous regime.

In this moment, when President Sirisena’s Chief of Staff has been netted by an independent commission during a sting operation, as he was soliciting a Rs 20 million bribe, there is only one pertinent question to ask: Given the impunity the former regime showed to crimes by its inner circle, would the arrest of Gamini Senarath, former Chief of Staff to President Mahinda Rajapaksa ever have been possible during his reign?

We have no hesitation recognizing that in this instance, the Head of State has practiced good governance, by refusing to interfere in the raid or the investigative process. It is our fervent and sincere hope that this shall be the course of future anti-corruption action in Sri Lanka going forward and other politicians in power will follow the exemplary conduct and precedent set by the President in this instance.”

President Sirisena yesterday appointed Anuruddha Polgampola as the new chairman of the State Timber Corporation. Polgampola joined Sirisena leaving Sri Lanka Podujana Party earlier this year. The former JVP MP of Kegalle, resigned from his Parliament seat in 2008 following JVP Central Committee deciding to sack him from the party on his alleged involvement in a human trafficking case. He was interrogated by Japanese immigration officials in this case.
Right of Reply
Referring to Ceylon Politics column published last week (29 April 2018) under the headline “WHO MESSED UP THE GAZETTE NOTIFICATION SUMMONING PARLIAMENT?” where it was mentioned that many criticized the officials at the Presidential Secretariat of failing to perform their responsibilities, Secretary to the President Austin Fernando has sent the following right of reply:
“I refer to the first few paragraphs of the article under the title “WHO MESSED UP THE GAZETTE NOTIFICATION SUMMONING PARLIAMENT?” Since, we have our comments on it, we appreciate if you publish the clarification given below, as right of reply to the quoted paragraphs.

It is true that a typological error has occurred, as stated in the said article. It is a human error. This is why a Notice of Correction was published under Gazette Extraordinary 2068/24 on 26.04.2018. When a public notice is given in this manner courtesy demands decent treatment than what has been done in this article.

In addition, the reference to the “Chamber” in lieu of “Hall” of the Parliament is also highlighted, although these two terms are internationally used complementarily.

To evaluate performance levels of our officials in the Presidential Secretariat to carry out their responsibilities, and of the Government as a whole based on a typological error definitely seeps below any imagination of sanity. It amounts to ridicule, because there are technically accepted norms and indicators for such evaluation. If we are to evaluate the quality of Ceylon Today on these referred references, it would certainly not do justice to your newspaper, and will not be a fair act at all, as the quality of newspapers is evaluated by more serious criteria than this type of journalistic behaviour.

Finally, we observe that the four paragraphs in the quoted article, is probably less than 10% of the full article, though the title is based on them!”

Top Officials Arrested; Good Governance at last

 2018-05-05

The yahapalana government has often been widely criticised for going slow if not having back door deals in cases relating to large scale bribery, corruption or fraud by politicians and top officials. But the government got a major boost on Wednesday when two top officials were arrested by the Commission Investigating Allegations of Bribery or Corruption (CIABOC). 

Dr. I.H.K. Mahanama, the President’s Chief of staff and the State Timber Corporation (STC) Chairman P. Dissanayaka were arrested by CIABOC officers while they were accepting a bribe of Rs.20 million from an Indian company official for the transfer of land, buildings and equipment of the Kantale Sugar Factory. Dr. Mahanama was earlier the secretary to the land ministry and is one of the highest ranking government officials to be arrested on bribery charges in recent decades. Dr. Mahanama and Mr. Dissanayaka were produced before Colombo Chief Magistrate Lal Ranasinghe Bandara at his Sarana Road residence. CIABOC officers said that the two top officials had initially sought a bribe of more than Rs.540 million, but had later agreed to reduce it to Rs.100 million. They were caught at the car park of a luxury hotel in Colombo while accepting an initial payment of Rs.20 million. The magistrate ordered that they be remanded till May 9.   

State Television said yesterday, President Maithripala Sirisena had expressed satisfaction over the arrest of the two top officials and ordered that they be suspended from the public service till the case was completed. He also assured the CIABOC, there would be no government interference in the case and the officers should go ahead with the efficiency, courage and independence they showed in arresting the top officials though at least one of them apparently worked closely with the president. 

 
Since the introduction of the 19th amendment in April 2015 and an Independent Constitutional   Council was appointed and this council in turn recommended appointments to the Independent Public Services Commission, the National Police Commission, the Judicial Services Commission and the CIABOC. Wednesday’s dramatic arrest by the CIABOC proved its independence because apparently the President or the Prime Minister were not told of the move or asked whether the arrest should be made. This is how it should be and this is how we hope it would be in the future also with the independent commissions acting independently without being influenced by the President, the Prime Minister, Ministers, MPs or other politicians.   

Wednesday’s arrest should also serve as a stern warning to officials that they would face arrest, jail terms and removal from service if they dared to rob public money by indulging in large scale bribery, corruption or other frauds relating to State projects. We also hope the CIABOC would  act with similar efficiency, courage and independence even if such cases involved politicians including ministers.   

The yahapalana government, during the campaign for the presidential election on January 8, 2015 assured it would take action quickly against the former regime’s top politicians and officials who are alleged to have plundered billions of rupees in public money. But the process has been unusually slow amid allegations of backdoor deals to stall or slow down the investigations. So far, the former regime’s only top official arrested and remanded for some time has been the former president’s secretary Lalith Weerantunga. Cases are pending against the former president’s brother Basil Rajapaksa, former ministers and top officials but progress has been painfully and sometimes suspiciously slow.   

We hope that when parliament resumes sittings on May 8 after the prorogation, the Judicature Act will be presented soon with the amendments proposed by the Supreme Court. Then we would have three Special High Courts with three-judge benches to conduct daily sittings, in the morning and the afternoon, in cases related to bribery, corruption, fraud or other political crimes by politicians or officials.   

On Wednesday we saw good governance and transparency, accountability and independence in action. We hope we will see this often and yahapalanaya will turn from a bit of a joke it is now, into a pillar of justice and democracy with politicians and officials serving the people selflessly, sincerely and sacrificially. Anyone indulging in business, big time bribery, corruption, fraud or other political crimes must end up where they belong – in jail and in the garbage dumps of history.