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

Monday, May 7, 2018

A REVIEW OF A RESHUFFLE



“Madness is something rare in individuals — but in groups, parties, peoples, and ages, it is the rule.”

Friedrich Nietzsche, Beyond Good and Evil

Home6 May, 2018

Make no mistake. This government has failed to deliver. It must be brought to its senses. If not, we must fashion something better. But, we must not allow the monster to return.

As I write this column, I read that the President’s Chief of Staff has been arrested by officials of the Bribery Commission in the act of accepting a bribe of a vast sum of money.

Ven Sobitha from whatever heavenly abode he presently inhabits would no doubt approve. Let us be real. This would not have happened under Mahinda Rajapaksa. His Chief of Staff alleged to have amassed prohibitively priceless wealth continues to roam freely three years after the fall of the Rajapaksa regime.

So, all said and done, we are in a quiet crawl towards sanity. We are not there yet. But we shall get there. This government appears more dysfunctional than it really is. Comparison with the regime it replaced is neither rational nor logical. Mahinda Rajapaksa presided over an unabashedly authoritarian regime during his second term.

The second term of the Mahinda presidency was a family autocracy. Brother Gotabaya assumed absolute control over the regime’s image engineering. He made the dark green battle fatigue a symbol to be feared and respected. Every thug and hooligan in the service of the family wearing and parading it was a ‘Ranaviru’ beyond reproach and the reach of the law of the land.

Gotabaya redefined the power dynamics of Mahinda’s Presidency. He did it with a ‘triad’ of image engineers that spawned a new oligarchy that is today committed to his presidential bid.

How did he do it? Defeating the LTTE, killing Prabhakaran, and the restoration of normalcy were impossible tasks. The Rajapaksa regime made the ‘impossible’ possible. The means employed to achieve the impossible was therefore unpunishable.

Dear reader, we are still trapped in that straitjacket. So Dilrukshi Wickremasinghe had to go for parading Admirals before a Magistrate. In critiquing this coalition of two reluctant parties, we must tread softly and lightly, for otherwise the two leaders of the Government will not hear the petals of the ‘Pohottuwa’ unfold.
The reshuffle has had no discernible impact on the public. The public mood is skeptical. Its verdict is strident and severe. The reshuffle was a showcase and the government wanders along in profitless pursuits.

This dismal prognosis is not without hope. In every desert land there are wells to be discovered. Since January 2015, we have come a long way in terms of individual freedom. Our argumentative nature has been unleashed. We always had opinions. Now we argue about them. That was not so before January 2015.

Dissent was not expressly prohibited but was emphatically discouraged. Then we kept our opinions to ourselves. We knew that dissent was tracked, collated and presented to the great grandee who decided the fate of those who dared to opine.

I repeat. We must not allow the monster to return.

Repeating failed strategy over and over expecting a different outcome is insanity. The just announced Cabinet reshuffle is not very different.

A coalition must have a common goal. The only common goal in the ruling coalition seems to be the need to hold Ministerial office and enjoy the perks that come with it. The President has no credible political base. His SLFP relies on loyalty purchased with Ministerial privilege. The Prime Minister appears to be losing control of his party after an internal reforms exercise last month that satisfied nobody.

In the public view, the Government that held so much promise has turned into a circus.

The reason is not difficult to be located. The coalition lacks the essential foundation required in a coalition. It lacks the raison d’ĂȘtre for its continuance. It has no common goal.

There was a time when we were thirsty for change. That was before January 2015. There was then a fountain of fresh water in the person of Ven Maduluwawe Sobitha Thero. Since his demise, the fountain has dried up. Once more, we are lost. With parched throats we are roaming an arid land of political caprice. The just completed reshuffle is the fourth mirage in three years of wandering.

The two leaders of the coalition – the President and the Prime Minister inhabit two different worlds. The first is battling to be the leader of his party. The latter is in a struggle to remain the leader of his party.

Burdened by choices made prior to the 2015 Presidential Elections, both the President and the Prime Minister are haunted by mistakes made after 2015.

In politics, one day is a long time. One mistake is one too many. Acquiring power is less arduous than retaining power.

The re-induction of Wijedasa Rajapakshe into the Cabinet is political mockery. He was the instigator of Buddhist clerical opposition to Constitutional reforms – a principal promise of this Government. Rajapakshe’s political baggage is heavy – the alleged association with Nissanka Senadhipathi, the shadowy ex-military man who ran the controversial Avant Garde floating armoury with the blessings of the former Defence Secretary continues to dog the new Minister of Higher Education.

It will not be forgotten that as Minister of Justice, Rajapakshe laid out a staunch defence of the controversial security company in Parliament saying there was no case to be filed against Avant Garde. That was the same controversial parliamentary speech in which Rajapakshe revealed that he had personally prevented the arrest of former Defense Secretary Gotabaya Rajapaksa.

If one was to jog the memory about the learned President’s Counsel, it will be recalled that he did not resign from the Cabinet as was the case with Ravi Karunanayake. He was removed from office by the President under pressure from the UNP after he criticized a series of policy decisions made by the Government led by his own party.

Why was he inducted to the Cabinet? Give the man his due.

In the days preceding the No Confidence Motion, he insisted that he was the only maiden in the bordello. He kept his options open. At voting time, he discovered loyalty to the party and reiterated his confidence in the party leader.

Making Field Marshall Sarath Fonseka take charge of protecting and preserving Wildlife is a stroke of genius. Taken in the context of speculation that he was named to be the Minister of Law and Order, the alternative offered is a dazzling display of the Janus-faced leadership of the coalition.

There is a lesson in all this fuss over reshuffling and restructuring. As the wise sage and genius cinematographer Akio Kurosawa observed, in a mad world, only the mad are sane.

In politics you don’t make judgments. Politics, known as the art of the possible and the refined art of retaining power demands not simple judgements but judgment calls- the kind that umpires make in cricket and referees make in football games. It is decision based on intuition, experience and circumstances.

The country expected to see a transformational change in the Cabinet. We expected to see new, young and energetic persons to replace dinosaurs who are most unlikely to be in the post 2020 Parliament.
Good governance is not erratic governance. Even now, it is not too late to reduce the size of the Cabinet to 30. If we are to lift politics out of the mire, we must stop rewarding errant politicians. We must cry a halt to this insolence.

The need of the hour in both camps is young, creative, honest minds. For now, they may be considered crazy misfits. But they are the ones who should grasp the future. They see things differently. They are not particularly fond of the rules now applied.

They have no commitment to the status quo. Let us hope they come forward when the time arrives. 

Sri Lanka’s Sugar buddies

President Sirisena or Prime Minister Wickremesinghe, or for that matter former President Mahinda Rajapaksa, cannot so easily exonerate themselves from their general record of protecting bribe takers and corruption beneficiaries, and allegations of their own implications in some of them.

by Rajan Philips- 
( May 6, 2018, Colombo, Sri Lanka Guardian) For starters today, I was planning this secular prayer: Let us first say thanks for small mercies – for keeping Ravi Karunanayake out of the cabinet in last Tuesday’s reshuffle. Two days later the thunderbolt struck –the President’s Chief of Staff and the Timber Corporation Chairman caught counting bribe cash in the carpark at Taj Samudra. How brazen has corruption become? We knew it had already climbed high. But thanks again for small mercies – to the Bribery Commission officials who arrested the two government thieves. The Bribery Commission is having better luck with real time culprits than it has been having with rogues of the past. I will spare the details of the arrests and the arrestees which are already virally known, and turn to their inauspicious effects on the new session of parliament that is scheduled to open on Tuesday, May 8.

What About Nepotism & Cronyism?



Rajeewa Jayaweera
In the wake of President’s Chief of Staff and Chairman State Timber Corporation being nabbed by Commission to Investigate Allegations of Bribery or Corruption (CIABOC)in a five-star hotel car park accepting a bribe of Rs 20 million as part of a bribe from an Indian businessman, local media had published a statement by Secretary to President.
The top bureaucrat has stated; “Govt. will not tolerate Bribery and Corruption. This government will continue to punish those engaged in bribery and corruption.”
The worthy gentleman has craftily left out Nepotism and Cronyism from the narrative.
logoThe Oxford Dictionary defines Bribery, Corruption, Nepotism and Cronyism as; Dishonestly persuade (someone) to act in one’s favor by a gift of money or other inducement;Dishonest or fraudulent conduct by those in power, typically involving bribery; The practice among those with power or influence of favoring relatives or friends, especially by giving them jobs; and the appointment of friends and associates to positions of authority, without proper regard to their qualifications respectively.
Bribery, corruption, nepotism, and cronyism have had a corrosive effect on Sri Lankan society since independence. They are interrelated.
One of the earliest known cases of nepotism was the nomination by Ceylon’s first Prime Minister DS Senanayake of his son Dudley Senanayake as his successor over the more senior and deserving SWRD Bandaranaike which led to SWRD leaving the UNP.
Friends and family of politicians and their minions often facilitate corrupt deals. Furthermore, their imperious conduct with no accountability causes administrative havoc in government institutions.
The son-in-law of the President’s Secretary was appointed to the Sri Lanka High Commission in London in October 2015 and holds the rank of Counsellor (Consular). He is a British national and had been working in his family law firm before his appointment. His sole qualification to be appointed was having the good fortune of marrying the offspring of a former Government Agent whose one-time Grama Niladhari is now the President of the country.
Career foreign service officers must be graduates and pass an open competitive examination to enter the Foreign Service. After completing three years of probation, they start as Third Secretaries and progress in their careers, many reaching ambassadorial rank after 15-20 years. During this time, they gain invaluable experience so necessary in the conduct of diplomacy.
On the other hand, relatives and friends of politicians and their minions or political appointees parachute into Sri Lankan missions abroad for a few years. They often lack in both formal education and necessary skills required in that line of work. They also deprive junior foreign service officers of valuable training opportunities impacting their performance as they progress in the foreign service.
The Rajapakse regime turned nepotism and cronyism into a fine art. Yahapalanists who faithfully promised to eradicate bribery, corruption, nepotism, and cronyism during the campaign trail lost no time after January 09, 2015 electoral victory in emulating the Rajapaksas.
The chief Yahapalanist appointed his brother as Chairman of Sri Lanka Telecom, one of the most profitable and cash-rich government institutions in the first week of his Presidency.
The deputy chief Yahapalanist, not to be outdone, appointed a member of his ‘Royal’ clan to the Central Bank. Because of the findings of his wrongdoings by a Presidential Commission, this clansman is now a wanted man and a fugitive.

Read More

President’s family and family of Dissanayake who took 20 million bribe on behalf of president are closest pals ! (Photo evidence)

- President dashes file on ground in panic

LEN logo(Lanka-e-News - 06.May.2018, 10.00PM) Dr. Mahanama the chief of staff of  president Gamarala,  and Piyadasa Dissanayake  the Timber Corporation chairman who were caught red handed when collecting a bribe of Rs. 20 million out of the full promised sum of Rs. 100 million (Rs. 540 million originally demanded but reduced to Rs. 100 million) from an Indian National based on an  assurance given by the bribe takers that president will get the cabinet approval for the deal , and the families of these two crooks are most shockingly close family friends of president Gamarala.
The photograph herein is testimony how close Sashimal Dissanayake the son of the culprit  P.Dissanayake , and Daham Sirisena (son of the president) and Thilina Suranjith the notorious wheeler dealer son in law of the president .  Buddies of the same  crooked  feather flock together is indeed true ! 
Believe it or not, when President Gamarala went for the Commonwealth conference in London with an over bloated  delegation of over 100 members, it was Sashimal who was caught  taking  bribes from them. Interestingly ,Sashimal and Daham Sirisena occupied the same room , based on reports reaching Lanka  e news.

Based on the photograph herein , Thilina the wheeler dealer son in law of Gamarala had been roaming the streets of America, Japan , Korea , Germany and England . On most occasions he has been accompanied by Sashimal the other bribe taker ( the son of culprit Dissanayake  now in prison) . In this backdrop it is obvious  , Dissanayake and Mahanama the crooked duo who took bribes and now remanded , have ventured on this illicit deal along with the support of  president ‘s family and to satisfy the   needs  of the president’s family.
It is learnt that the night  before Mahanama and Dissanayake were nabbed , they had been at the Galle Face hotel with the complainant who is the Indian national , along with  two Russians . It is there  the final decision was taken  to collect the bribe the following day.  Mahanama and Dissanayake have finally wound  up that night with two Russian whores in bed supplied by the Russians.

President screams ‘I am finished, I am finished’ and dashes file on the ground !

Already embattled president Gamarala on learning that his two closest henchmen have been netted by the Bribery and corruption Commission has panicked  as never before.
As Dissanayake and Mahanama were being arrested Mahanama had taken a frantic call to the president , but the officers of the Bribery and Corruption Commission have disconnected his call and taken them into custody. It is  more than a 100 million rupee worth question whether the fates of the two culprits would have been any the better had the communication with the president  been allowed . Was it  the usual escape route sought whenever the arms of the law closes upon these culprits  in every such crime committed by them before  ?
It is a PSD officer who was with the crooked duo who had informed his chief of the arrests . The chief has then intimated the crime committed by the  pampered crooked duo to the president. The latter who noticed there had been a ‘missed’ call of Mahanama had tried to contact that number, but since the phone had been disconnected , the president had got panicky and dashed the file that was in his hand on the ground and screamed , “ I am finished, I am finished’ while scolding everyone  who was around.

A new crook introduced..

Meanwhile in place of Dissanayake , the president has appointed another corrupt scoundrel as though President  has never known what is integrity,  honesty or who are ‘clean’ individuals. The new State Timber Corporation chairman is Anurudha Polgampola . He is best noted for his criminal activities and sordid pole vaulting habits. He is the rascal who was earlier  with another notorious fraudster Werawansa  and later somersaulted to Miathripala ‘s camp saying he wanted to strengthen the latter .
His putrid history reveals that while he was with the so called JVP , he  smuggled some individuals to Japan , and for this crime he was jailed there. The JVP chased him out in 2008. Thereafter he joined with Weerawansa . During the corrupt nefarious decade , after securing contracts from Basil Rajapakse , earned on rackets while giving sub contracts.  In those sub contracting transactions too because he issued checks that were dishonored , he was in remand prison. Even as recent as 2017 , because he defrauded two businessmen in a sum of Rs. 7.5 million , he was taken into custody by the anti corruption unit of Mirihana police .
Subsequently , he pole vaulted  from the Flower Bud at the last elections to president Gamarala’s camp ostensibly to strengthen Gamarala but in truth to rescue himself from the punishment for his crimes. It is to such a notorious racketeer , fraudster and crook , president Gamarala has entrusted the State Timer corporation .

This is President’s second bribe taking episode …

By now it has been confirmed beyond any iota of doubt with more than necessary evidence that President Gamarala is a crook and he is clustered around by crooks and the corrupt. One crook seeking another is natural  like birds of a feather flock together. No wonder he is in a thicket of difficulties when trying to appoint a suitable honest competent individual to a post, and appoints crooks with consummate ease.  
It is significant to note , this is not the first time president Gamarala was tainted with bribery involvements using his henchmen to collect bribes. 
When he was the minister of Irrigation ,  after it came to light he had taken a bribe from an Australian Co., the Australian government conducted an exhaustive investigation . The Australian government finally concluded that the Australian Co .had indeed given a bribe to the SL  president. The Australian government under its laws black listed the Australian Co. though in Sri Lanka  Gamarala enjoyed impunity and escaped punishment. Therefore this latest bribe taking disgraceful episode using his henchmen is his second .
In the photograph herein are the families  of Piyadasa Dissanayake and of the president posing together testifying to the close ties between the  families . Sashimal Dissanayake the son of culprit Dissanayake, Jayanthi the wife of the president,  Daham the son of the  president and Thilina the son in law of the president . 

Chandrapradeep

Translated by Jeff
---------------------------
by     (2018-05-06 16:48:47)

Facebook helped foment anti-Muslim violence in Sri Lanka. What now?

For many Sri Lankans, Facebook is the internet, but while the social media platform has belatedly taken action on hate speech wider society must also take responsibility


 Sri Lankan policemen examine the gutted remains of a business establishment and motorcycles following inter-ethnic violence between Sinhalese Buddhists and Muslims in Kandy. Photograph: M.a.pushpa Kumara/EPA


“Kill all Muslims, do not spare even an infant, they are dogs,” a Facebook status, white Sinhalese text against a fuchsia background, screamed on 7 March 2018. Six days later – after hundreds of Muslim families had watched their homes ransacked and their businesses set on fire – it was allowed to remain online, despite being reported for violating the company’s community standards.

Facebook’s role in the anti-Muslim violence in Sri Lanka this March cannot be overstated. Posts spreading blatant misinformation about the community, inciting hate and violence, remained online for days after they were reported. This was one reason why the Sri Lankan government banned Facebook in March.

To some Sri Lankans, Facebook is the internet. Affordable data packages, from mobile service providers who have identified its popularity, allow people across the socio-economic spectrum to access the platform. As its user base has grown and continues to grow, so has the likelihood of it being misused by those seeking to divide and harm.

Though it is difficult to determine when it started, hate speech and content inciting violence towards minorities has been thriving on Facebook in Sri Lanka, long before the posts linked to the violence in March.

The constant stream of divisive, abusive content is a result of the deeply entrenched ethno-nationalist biases informing mainstream media, law enforcement, party politics and political leadership in the country. In addition, postwar narratives endorsed by the state, that herald military victory over terrorism, have been sweepingly reinterpreted as the majority’s dominance over a minority; spurring on those who believe in “protecting” the country that is solely “theirs”. These old divides and perceptions, sewn into the country’s social fabric, are now updated for the digital age on Facebook.

Violence by sections of the majority community against minorities forms a large part of Sri Lanka’s history, in a pattern that repeats itself with startling precision. A common factor in all of the violence is successive governments who are afraid to call out and condemn extremist ethno-religious nationalism for the toxic influence that it is.

Focusing on Facebook’s role in the violence should not be an excuse to sideline what spurs it on; the virus of extremist Sinhala-Buddhist ethno-nationalism that sees little to no condemnation from senior Buddhist monks or political leaders.

The assertion from senior government officials, therefore, that the ban on Facebook put a stop to the violence is inaccurate. Data scientists and researchers have flagged that the block on social media did little to deter the mobs, who found their way around it with ease. While not entirely blameless, Facebook also became an easy scapegoat.

In the immediate aftermath of the violence in March, Facebook representatives met with members of government and promised to better address the hate speech that the platform had been used to spread. In further communications with local civil society, they have promised to increase the number of Sinhala-language content reviewers. This is something that local activists, who have been documenting the generation and spread of and engagement with hate speech on the platform, have highlighted for years. While it is yet to be seen how these commitments will play out, they still signal long-term action from only one of the responsible parties.

It’s easier to push Facebook to take down a violent post than it is to interrogate the deeply racist Sri Lankan “identity” that the extremists claim to represent – one that leaves out large parts of the population. It’s quicker than questioning the actions and inactions of the leaders of the religion the extremists claim to represent. It’s simpler than examining the constitutionally protected “foremost place” that Buddhism enjoys in Sri Lanka.

Anti-minority violence in Sri Lanka cannot be curtailed solely with the faster removal of content inciting hate and violence from Facebook, as the government would like to believe. The violence in March carried on for long as it did for reasons that have gone unaddressed for decades – the complacency, and complicity, of law enforcement when faced with certain perpetrators and the inability of the state to condemn the actions of these repeat offenders.

Facebook has a responsibility to ensure that a user’s experience on its platforms is protected by the terms laid out in the company’s community standards. At the same time, the government of Sri Lanka has a greater responsibility to protect the rights of its citizens, especially those who are the most vulnerable.

One of the two key actors allowing hate speech to seed and grow in Sri Lanka has done the bare minimum in acknowledging its failings; it is about time – indeed several decades overdue – that the other did the same.
  • Amalini De Sayrah is the co-editor of Ground Views award-winning civic media from Sri Lanka

Another three arrested over Kandy unrest



 MAY 06 2018
Police have arrested three more suspects in connection to the unrest reported in several areas in and around Kandy.
The trio were arrested by the Terrorist Investigation Division on charges of causing damages to a religious place of worship in Welekade, Kandy during the unrest reported on the 07March.
Police said the suspects aged 21, 22 and 55 were arrested in Amabathanna and Kahawatta this morning.
The arrested trio was then handed over to the Pujapitiya Police for further investigations.
Meanwhile, another 28 suspects arrested over the recent unrest i

A PRIZED CATCH

Bribery sleuths prove their mettle - President’s Chief of Staff, Timber Corporation Chairman caught in the act
Graphic: Manoj Nishantha
HomeSunday, 06 May 2018

On February 22 this year, a foreign national walked in to the Investigation Office of the Bribery Commission, to make a formal complaint. It was not the type of complaint the Bribery officials confront on any regular day.

Speaking with a strong Indian accent, the businessman dropped a bombshell on the Chief Investigation Officer of the Commission to Investigate Allegations of Bribery and Corruption, ASP Ruwan Kumara. The complainant mentioned two high profile names, one of them from the highest Government office in the country.

The Indian businessman told the Commission officials that he had been wooed and harassed by the two officials to pay a stupendous bribe to get a long delayed investment project off the ground.

At first, Bribery Commission sleuths were cautious to act on the Indian businessman’s complaint.
The Commission needed solid proof of an attempt to solicit a bribe before they could tail a suspect or put high profile officials under surveillance. One wrong step and things could have gone wrong – badly.

In his complaint to the Bribery Commission the businessman said his company had been awarded a contract to revive the Kantale Sugar Factory in 2015 that had been closed for 25 years. The Cabinet of Ministers granted the approval which was carried out under the auspices of the Board of Investment in Sri Lanka (BOI).

The businessman, who the Bribery Commission still will not name, said he suspected that the officials in question were blocking its implementation, dead set on grabbing a chunk of the investment money by sapping the businessman.

According to widely publicised news reports, the BOI struck a mega $110 million deal in 2015 to revive and restructure the defunct Kantale Sugar Factory - a white elephant which had reduced to a junk yard of scrap metal at the time - with M.G.Sugars Lanka Pvt Ltd. The deal was signed when former Bar Association President Upul Jayasuriya was BOI Chairman.

The foreign Investor, SLI Development Ltd, Singapore was to bear the total cost of the USD 110 Investment. Sri Lanka was allowed to hold 51% share of the stake while 49% would be held by the foreign investor. The project agreement was to run over a period of 30 years on Build, Operate and Transfer (BOT) basis. The technical partner for the project was Shri Prabulingeshwar Sugars and Chemicals Ltd., Bangalore, reportedly, an experienced group of companies engaged in sugarcane cultivation, sugar manufacturing, the co-generation of power plants and dairy industry.

Red-handed
The agreement was perfectly “healthy” BOI officials told the Sunday Observer speaking anonymously, though the Lands Ministry Secretary began to refuse to release the machinery to the new investors. Three years later, the same official was caught red handed soliciting a bribe from the same investor.

The Attorney General’s Department had even given an opinion that the agreement signed with BOI should be given effect. However, since no action was taken based on the agreement, the investors moved for international arbitration in Singapore, a senior BOI official said. During the February Local Government elections, the investors had also complained to the Prime Minister’s Office. Officials from his Office are believed to have also tipped off the Bribery Commission about the case around the same time the complainant stepped into the Commission offices.

Once the details became clearer, Commission officials felt emboldened. Investigators decided to initiate surveillance nearly one month after the complaint was made. Subsequent discussions between the businessman and top state officials now under surveillance for suspected corruption were “wire-tapped”.

It turned out that the conversations being overheard by the Bribery Commission officials were between President Maithripala Sirisena’s Chief of Staff Dr. I.H.K Mahanama and Timber Corporation Chairman P. Dissanayake and the Indian complainant. The sleuths picked up every detail in order to begin weaving a net to catch the two corrupt officials.

Mahanama impedes from the start

According to what has transpired in the investigation, the President’s Chief of Staff, Dr. Mahanama who was previously Lands Ministry Secretary, had demanded a bribe of Rs.540 million to ‘clear the path’ for the businessman’s company to implement the project. It was revealed that the BOI gave approval for the foreign investor to revive the company along with the rights to discard the dilapidated machinery. Somehow, in the subsequent Cabinet Paper approved by the Cabinet of Ministers, the ‘rights to discard the old machinery’ had been omitted for an unknown reason. Citing the Cabinet Paper Mahanama objected to the company having the rights to sell the machinery for scrap metal. Later, he had allegedly solicited a bribe, to ‘clear the path’ for the Indian businessman.

 Refusing to pay the bribe, the investor had pointed out that the monies sought by the Secretary were unreasonable. The real value of the old machinery in the defunct factory which was closed for over 24 years due to poor output was estimated to be around Rs.500 million. Due to this ongoing tug of war the project has remained at a standstill since 2015.

When Dr. Mahanama ultimately retired as the Lands Ministry Secretary, two months ago he found a job at the Presidential Secretariat as the Chief of Staff, a far more powerful position within the Government. For some elusive reason the project could not be revived yet. It was at a time like this the Timber Corporation Chairman Dissanayake had stepped in to end the stalemate. He approached the Indian businessman and said he could strike a deal with Mahanama to help him to implement the Kantale project. Dissanayake confided that Mahanama who had been at the Land Ministry over a long period, could influence the present Land Secretary to grant the businessman’s ‘wishes’, and release the unusable machinery.

The Sunday Observer learns that investigators had not yet unearthed evidence to prove that the current Secretary of the Land Ministry was in any way aware of this deal.

The initial Rs.540 bribe was reduced to Rs.100 million after several rounds of negotiations between the trio. Unknown to the suspects, by this time, Bribery Commission sleuths were eavesdropping on every one of their conversations.

Finally, D-day approached. After changing the venue of the transaction several times by the officials who were very cautious not to get exposed, they settled for the seaside Hotel Taj Samudra. The Indian businessman was briefed extensively and as previously discussed he arrived at the Hotel around 4 pm on Thursday (4). The three men met at the lobby and helped themselves to refreshments which had been on the businessman.

Money in the car

When the subject of money was raised, the businessman indicated that the bag with the money was in his car. Later, the three men walked up to the Hotel car park, all the while watched by seven Bribery Commission sleuths.

The money had been placed on the backseat of the Indian businessman’s car in four bundles of Rs 5,000 notes. The money had been held by the Commission officials for safe-keeping before being placed in the businessman’s car.

Dr. Mahanama voluntarily got into the back seat of the car along with a bag of his own into which he was hoping to transfer the money. The officials planned to take an initial payment of Rs 20 million that Thursday evening as an advance. The balance – Rs 80 million – was to be paid once the mission had been accomplished and the company got its clearances to go ahead.

At the Taj Samudra car park, the businessman and Timber Corporation Chairman Dissanayake stood watching, along with investigators who were still in hiding, as Dr Mahanama touched each of the four bundles to ensure the money was real. Patiently, the sleuths watched while Dr Mahanama slipped three bundles of cash into his bag. As he was about to place the fourth and last bundle in his bag, they surrounded the car. Both Mahanama and Dissanayake were arrested and produced before courts, and remanded until May 9. While they were still being questioned by Bribery Commission investigators, orders came from President Sirisena’s office that both officials had been interdicted with immediate effect.

President had no clue

Chief Investigator ASP Kumara told the Sunday Observer that the Commission would be seeking their detention until the probe was complete. His team was armed with audio recordings and video tapes to support their case, ASP Kumara said, but declined to give further information because the investigations were still continuing and there could be more arrests in the offing.

“When we understood the gravity of this case, we did not worry about their status. Fortunately, we did not confront any resistance or influence from anyone in the course of discharging our duty in this instance,” CIABOC Commissioner Chandranath Neville Guruge said.

Secretary to President Sirisena Austin Fernando confirmed this was true, saying the President had no clue that the arrest of these two officials was impending.

Fernando said, the former Chief of Staff Dr Mahanama had been appointed to the position only about six weeks ago. Asked if background checks are usually conducted when staff is hired for the Presidential Secretariat, Secretary Fernando said that was not usually the case.

“In fairness to the President who appointed him, what happened was he retired from the post of a secretary. He has been a secretary for a few years. Sometimes, we do a background check. But here he stepped from one job to another. Usually, we do not expect a person of his calibre to do something like this,” Fernando explained.

In any case, even if Dr. Mahanama was under investigation prior to his appointment, the Bribery Commission could not have flagged it, since its investigations are top secret, he said. Even though it had been reported that the President had been notified prior to the arrest, Fernando said he had no knowledge at all of such a communication. “Informing the President prior to the arrest would have undermined the independence of the Commission – this would not have been done,” he said.
Fernando said immediately after the arrest, President Sirisena had issued marching orders to both officials.

“The incident proves that independent commissions are in fact functioning independently. Normally, sprats are caught and never big fish. But here you have two top officials being netted,” he said. Fernando said, laws needed to be updated in order to empower these institutions further and make the legal system more effective. “These laws have not been updated in decades,” he added saying that the Commission to Investigate Allegations of Bribery and Corruption Act would also be updated.

Speaking to the Sunday Observer, START Chairman and anti-corruption activist and lawyer J.C. Weliamuna PC said, what was remarkable about this sting operation by the Bribery Commission was that administratively, the Commission comes under the Presidential Secretariat itself. “All the budget allocations for the Commission come through the Secretariat. So the fact that they have managed to keep this top secret until the arrest, is remarkable,” Weliamuna said.

Weliamuna added that it was to President Sirisena’s credit that he had secured a system in which even top officials in his own Office could be investigated and arrested.

Lawyers for Democracy (LfD) also hailed the Commission’s independence and pushed for more support for investigating officers. “We have no hesitation recognizing that in this instance, the head of State has practised good governance, by refusing to interfere in the raid or the investigative process,” the LfD said in a statement. 

SRI LANKA: KANTALE SUGAR FACTORY BRIBERY SCAM: TOP OFFICIAL’S DEALS EXPOSED


Sri Lanka BriefBy Namini Wijedasa.-06/05/2018

President’s Chief of Staff tried to block machinery transfer, allegedly angling for a massive bribe.

A Presidential Secretariat official at the centre of Thursday’s bribery scandal had allegedly blocked the transfer of machinery, scrap metal and other assets belonging to the Kantale sugar factory to a joint venture company that had signed a US$ 100 million deal to revive the facility.

I.H.K. Mahanama, the Chief of Staff of the President, in his previous role as Secretary to the Ministry of Lands had secured Cabinet approval to auction the assets, which M G Sugars Lanka (Pvt) Ltd was claiming under the agreement. The company then filed arbitration proceedings in a Singapore tribunal to stop the Government of Sri Lanka from selling the machinery and scrap.

In October last year, the Singapore International Arbitration Centre granted M G Sugars Lanka an interim award barring the Ministry of Lands from disposing of the machinery and other assets pending a final decision. The joint venture is made up of the Sri Lanka Government, Shri Prabulingeshwar Sugars and Chemicals Ltd of Bangalore and SLI Development Pvt Ltd of Singapore.

Investigations have now revealed that Dr Mahanama was allegedly angling for a bribe from the investors, authoritative sources said. The machinery was valued at Rs 540 million. This is the amount he is initially said to have solicited, before agreeing to settle for Rs 100 million. His accomplice P. Dissanayake, once a secretary to former President Chandrika Kumaratunga, was State Timber Corporation Chairman at the time of their arrest on Thursday. He was “more of a go-between,” sources familiar with the case said, with Dr Mahanama being the alleged mastermind.

The sources praised sleuths from the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) saying that several meetings had taken place–some of them at a bakery opposite the National Eye Hospital in Colombo–between the investors and one or both the suspects before the first Rs 20 million instalment of the bribe was given.

These meetings were observed by CIABOC investigators. Only the last two discussions were attended by Dr Mahanama. The others were handled by Mr Dissanayake. The two suspects have been remanded till May 9.

The Kantale deal has been dragging on since August 2015 in a textbook case of the agonies faced by foreigners seeking to set up business in Sri Lanka. That month, M G Sugars Lanka signed the Board of Investment (BOI) and shareholder agreements for the revival and restructuring of the factory.

The 30-year deal was structured as a build, operate and transfer project with 51 percent of shares held by the Government. For their total investment of US$ 100 million, the foreign parties would get the remaining 49 percent. The operation was expected to generate around 1,200 jobs and meet a large percentage of the country’s sugar requirement. M G Sugars Lanka was to receive 500 acres for its nursery, housing and other facilities. This transaction, too, was also significantly delayed with the transfer taking place only last year.

Meanwhile, a total of 20,000 hectares was to be cultivated by farmers under a tripartite agreement with the company guaranteeing a market for their produce. But a dispute then arose over the machinery and scrap metal. The investors maintained that it is explicit under the relevant agreement that these must come to them. Dr Mahanama disputed that. The matter was referred to the Attorney General’s Department which initially gave an opinion in favour of M G Sugars but later reversed it.

This cleared the way for Dr Mahanama to call for tenders to sell the machinery for scrap iron–and the investors went for international arbitration, obtaining an interim order to prevent the auction. “In the meantime, the two suspects have been approaching the investors soliciting a bribe to clear the deal,” the sources said. “Ultimately, the investor had no choice but to fall in line and initiate discussions with Mahanama through Dissanayake.”

But parties from the investors’ side met Prime Minister Ranil Wickremesinghe in Kantale when he attended election meetings there earlier this year. They told him about their dilemma and were advised to send it in writing to his office. A letter was accordingly sent to the Prime Minister, the President’s Office and Lands Minister Gayantha Karunatilleka.

The PM’s office then encouraged the investor to lodge a complaint with CIABOC. This was done on the assurance that the informant would not face victimisation.

Once CIABOC had the complaint, its sleuths sprang into action. On Thursday, when the bribe was to be paid, Dr Mahanama, Mr Dissanayake and an investor first had tea in the lobby of the five-star Taj Samudra Hotel. The money had been brought in four bundles and the suspects had wanted three in one bag and one in another. When the investor said he brought only one bag, they had suggested asking for a bag from the hotel. They then went to the car park and the suspects got into the investor’s vehicle and started counting the money. It was at this moment that CIABOC officers arrested them.
Meanwhile, Mr Mahanama was immediately interdicted from his position as Chief of Staff by Secretary to the President Austin Fernando. Mr Dissanayake was also sacked from the State Timber Corporation. A statement attributed to the President said that “the incident confirms the importance of establishing independent commissions and implementing the policies of the Government against bribery and corruption”.

Leaving a comment on the social media site Facebook, Mr Fernando said it was time to support the proposed Judicature Bill and that recent actions for legal changes mooted by CIABOC “were totally, practically and even operationally backed by the Presidential Secretariat”
“We want total political support for the changes,” he said.

Sunday Times 

Foreign Ministry in touch with Malaysian authorities

Monday, May 7, 2018 - 01:02
The Sri Lankan High Commission in Malaysia is closely working with relevant Malaysian authorities over the detention of 131 Sri Lankans, when Police intercepted a modified ship in the Johor waters believed to be bound for Australia and New Zealand.
Sri Lankan High Commissioner to Malaysia A.J.M. Muzammil told the Daily News yesterday that he had assigned a team of officials from the High Commission to look into the matter and interests of the detained Lankans.
Muzammil said he was planning to speak with the Chief of Police in Malaysia today with regards to the incident. Further action will be taken on the instructions of the Ministry of Foreign Affairs in Sri Lanka,” he added.
Meanwhile, the Ministry of Foreign Affairs in a media communiqué said the Royal Malaysian Police Special Branch has confirmed that 131 persons, believed to be Sri Lankans were detained at Tanjung Gamoh, Sedili in Johor Baru on May 1,2018.
“Out of the 131 persons, 127 have been arrested under the Immigration Act 1959/63. They are presently detained at Pekan Nenas Immigration Detention Centre in Johor Baru. The remaining four persons werearrested under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act of 2007 and are also detained,” the Foreign Ministry release added.
“At present, investigations are still underway and Sri Lanka High Commission officials in Malaysia are working closely with the relevant Malaysian authorities in this connection.
“While the identities of the 131 persons are still in the process of being determined, initial information indicate that 43 of the 131 persons arrested hold identity cards issued by the UN Refugee Agency (UNHCR)?,” the statement added.
Meanwhikle, foreign news agency reports said, Malaysian police intercepted a modified tanker carrying 131 Sri Lankans on Tuesday (May 1) morning, busting a human-smuggling ring that has been transporting illegal immigrants to Australia and New Zealand.

Tagore in the age of human rights



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By Biswajit Chakraborty- 

The Age of Human Rights, in its broader application, is the perennial age of human race and humanity right from the beginning of the human civilization. But the modern age of human rights actually started from the beginning of the second part of the 20th Century with the establishment of the United Nations in 1945.

Gurudev Rabindranath Tagore died in 1941 when in his own lines-’The menacing serpents were exhaling venomous vapours all over’ in the heightened hours of the World War II. But Rabindranathremained overwhelmingly relevant in the modern-day age of human rights.

"Nandini – Frightening people is their prime business here. And, therefore, they have kept you in captivity as a grotesque puppet. Aren’t you ashamed of posing as a fearsome puppet?Aside – What are you talking about Nandini?"

Every reader of Tagore’s writings would immediately recognize that the above quotation belongs to his illustrious dramatic work RaktaKarabi (The Red Oleander) which was first published in Bengali periodical Probasi in October 1922. Since then, the work has remained a piece of widely studied and researched dramatic presentation of the age-old ‘crises of humanity’. Tagore created this dramatic excellence under a unique amalgamation of the lights and shades of the real and surreal.

Twenty-two years after the publication of RaktaKarabi in book-form (1926) and seven years after the demise of Gurudev, the General Assembly of the UN adopted The Universal Declaration of Human Rights (UDHR) on 10 December 1948 as its first exclusive official document on Human Rights containing thirty articles covering the whole basic gamut of the ‘crises of humanity’.

In the Preamble of the UDHR, it was pronounced "- recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world", and that "freedom from fear and want has been proclaimed as the highest aspiration of the common people".

The excruciating question of the freedom from ‘fear’ and ‘want’ was reflected often in the thinking and writings of Gurudev. The 124th song of Gitabitan Puja Parba (The Song Collection- Worshipping Section) is perhaps known to all and sundry: (O Lord) Give us new life by liberating us from fear to thy fearlessness…from poverty to thy endless wealth, from confusion to the house of Truth, from immobility to new life force, (O Lord) give us nouvelle births" (Voyhotetoboavoyamajhe etc.).

It is also illuminatingly expressed in the 221st song of the same anthology: "Thrush my fear hard, O Fearful!" (Voyere more aghatkoro etc.). There is an abundance of songs composed by Tagore challenging the elements of fear and want in the world.

In RaktaKarabi again, we find Gurudev’s sharp condemnation of slavery and human bondages as Nandini, the protagonist asks- "Can a slave ever practice respect for others?" It amply contains the cruel resonance of the anguishes of chained humanity which more metaphorically expresses the states of modern age political and economic slavedoms.

The UN Declaration of Human Rights, inter alia, states that no one shall be held in slavery or servitude; slavery and slave trade shall be prohibited in all their forms. The practice of slavery was officially abolished much earlier in 1864 in the USA while the first International Slavery Convention of 1926 held under the aegis of the first world-government of the League of Nations was last amended by the UN Protocol of 1953.

In its very first Article, the convention defined ‘slavery’ as "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised".InRaktaKarabi, the intense admonition of Nandini against slavery contains the high resonance of the cruelty implicit in the right of ownership over a human person.

Such a right of ownership is an absolute violation of human rights and the principles of humanity. Prof. VS Waghule, a senior lecturer in the Government Law College, Mumbai, while explaining the term ‘humanity’ in his article Custodial Violence and Human Rights, observed – "What is humanity? This one word has many colourful and meaningful shades.

If every human being, specially the one having power, either political, executive, judicial or police, understood and strictly followed humanity and made it a life style, then the question of torturing the dignity of any human being would not arise at all."

Human Rights today, a number of years after the adoption of the UDHR, remains the only realizable reality of a true religion of man. The spiritual manifestations of human rights gradually surfaced in the world in the process of the transformation of humanity into the higher designs of Humanism.

The collection of Gurudev’s essays and lectures on spiritual philosophy and practical religion of man contained in two books viz. Dharma (The Religion) and Manusher Dharma (The Religion of Man) were published in 1909 and 1933 respectably. These two book-collections along with Santi Niketan (1909) in two parts are of boundless human rights values and these should be included in the compulsory studies of human rights education all over.

In the thoughts Rabindra nath, the qualities of humanity are easily elevated to the level of divinity, where actually the myriad elements of humanity, world-realisation and the total oneness of the creation finely mingle into a complete form of an ideal state of the superior human existence.

In his essay titled Biswa Bodh (The World Realization) contained in the second part of Santi Niketan, Gurudev deliberated – "As Europe embraced the aspirations of imperialism to be the greatest benediction (for the world) and indulged in achieving this in many bizarre ways, India considered the achievement of world-realisation as the highest good for the humanity and for activating the mankind towards this goal, engaged her efforts from different directions.

This is the ‘higher effort’ (sadhana) of man towards the ‘higher humanism’ (swattikata) – the cravings for the fulfillment and total elevation of the inner-being and the fact that this unbound inner-being led world realisation remains as the absolute Truth for India should be remembered today with full pride and pleasures (by all of us)."

The four basic rights – life, liberty, equality and dignity – expounded as inherent and inalienable in human rights jurisprudence, are abundantly focused in the countless writings, poems, dramas, novels, short stories and even in the paintings of Gurudev. In the back-drop of his travel in Soviet Russia, he wrote in RussiarChithi (The Letters from Russia-1931) – "Dictatorship is a veritable bane – I do agree and also believe that it has been committing much tyranny in today’s Russia. Its negative aspects rest on the forceful imposition of power (on people) that amounts to committing sins".

In another letter contained in the same collection, he wrote- "An iron-modeled political system (in Soviet Russia) shall not survive: It shall fall apart like a house of cards." Sixty years after, the world witnessed with eyes wide open how the prophesy of the sage-poet came true with the collapse of the USSR.

In this context, it might as well be taken into account that the world human rights movement with its capital resource in the ideals of ‘humanism’ acquired global recognition with the adoptions of the UN Charter (1945) and the UDHR (1948), while at the relevant time-frame of history, the ideology of Radical Humanism expounded by MN Roy, once a close aide of Lenin, virtually challenged some vitally inherent principles of Marxism.

Rabindranath could not witness the creation of today’s United Nations in the aftermath of Hiroshima and Nagasaki and the ever-proliferating vast working missions of the UN for the causes of human rights across the world, especially in the poor, war-torn countries of the third world. The development and progress of human rights so far achieved under UN endeavours have been academically classified into three generations of human rights and strewn through hundreds of human rights documents, treaties and laws.

Still we find, at times to our chagrin, striking notes of a visionary precursor of the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) 1979 in Tagore’s dance-drama Chitrangada; International Convention on Civil and Political Rights 1966 (Article 9-the right to liberty and security of person and right against arbitrary arrest and detention) in dance-drama Shyama, the Convention on the Rights of the Child 1989 in the short story Fhatik and in many more creations of Gurudev.

As an officer of Kolkata Police, I had the opportunity to work with the International Police Task Force of the UN Mission in war ravaged Bosnia & Herzegovina of the former Communist Republic of Yugoslavia (2000-2001) where it appeared to the utter dismay of an Indian Peacekeeper that Tagore’s writings, particularly Gitanjali (The Song Offerings) remained a great spiritual source of survival from imminent onslaught of insanity for many Bosnians during the long siege of Sarajevo, both victims and forced combatants of the war.

Later, during the days in the Francophone UN Mission in Ivory Coast (Cote D’Ivoire in 2005-2006)), this writer was doubly astonished when in course of a long jungle patrol with a UN army detachment, the Commander Capitan Mohammad Nabil of Morocco Contingent went on reciting Gurudev’s famous poem "Africa" in its full French version which instantly reminded us all of the UN Declaration on Granting Independence to Colonial Countries and Peoples, 1960.

The police being a close concern for both protection and violation of Human Rights, it may well be an interesting fact that Gurudev was a keen observer of the policing system of his life and times and in one of his short rhymes collection KhapChara (The Unsynchronized), he wrote the rhyme Raj Byabastha (The System of King’s Administration):

Maharaj Bhoye Thake PulisherThanate,Ain Banay Joto Pare Na Ta Manate, Char Fere Take Take, Sadhu JadiChara ThakeKhoj Pele Nripatire Hoy Taha Janate,Raksha KariteTaakeRakhe Jail Khanate.[The King himself is afraid of the police station,All the laws he made are not in implementation,The spies of police move for opportunitiesIf the pious men are living in the vicinities,The information must be sent to King’s Trail,And for his safety, police keep the pious in Jail.] (ANN)

The writer is Guest Faculty in Human Rights at the Central Detective Training Institute, Kolkata, former Assistant Commissioner of Kolkata Police and former United Nations Human Rights Officer in Bosnia and Technical Adviser of UNPOLICE in Ivory Coast. The translations in this text are by him.

Sunday, May 6, 2018

Three Palestinians Killed After Trying to Breach Gaza Border Fence, Israeli Military Says

Army says four terrorists attempted to enter Israeli territory and carry out hostile terrorist activity, prompting soldiers to fire at them
Israeli soldiers throwing gas canisters at the Gaza border as Palestinian protesters attempt to breach the border fence.
 \ Eliyahu Hershkovitz


and 

Three Palestinians were killed after Israeli soldiers thwarted their attempt to breach the Gaza border fence and infiltrate Israel, the army said in a statement on Sunday.

The statement said that troops fired toward three militants who tried to cross the border fence in the southern Gaza Strip, enter Israeli territory and damage what it described as "security infrastructure" near the fence.

The Hamas-run Health Ministry said that two Palestinians were killed in the incident, which took place near the city of Khan Yunis. It identified the two men as 23-year-old Abed Arhman Kadih and 20-year-old Mohammed Khaled Abu Rida.

The Israeli army said later on Sunday that a four-man terror cell arrived at the border fence in an attempt to breach it, infiltrate Israeli territory and carry out hostile terrorist activity. According to the military, the cell was under surveillance by the Israel Defense Forces when it was spotted moving in a suspicious manner. The cell members were seen damaging the fence, breaching it and crossing to the Israeli side. IDF troops then reached the scene and fired at the trespassers, killing three of them.

The items found in a bag carried by the Palestinians who tried to breach the border fence, May 6, 2018.
IDF Spokesperson's Unit

The army also stated that a bag carried by the Palestinians was found at the scene. Inside was a camera, an ax, an oxygen mask and gloves. Two bottles full of gasoline were also recovered.
On Saturday Hamas' military wing blamed Israel for killing six of its men in an explosion in the central Gaza Strip. The Israeli military denied any involvement in the blast.

The Health Ministry in Gaza said that three others were wounded in the explosion. The blast took place in Deir al-Balah, a city in the central Gaza Strip. The cause of the blast was not immediately clear.

The dead were identified as Taher Shahin, 29, Wissam Abu Mahrouk, 37, Musa Salman, 30, Mahmoud al-Ustaz, 34, Mahmoud al-Touashi, 27 and Mahmoud al-Qishawi, 27.

A Palestinian source told Haaretz that all signs pointed to a blast that resulted from the handling of explosives inside a building, and that there were signs that the casualties were operatives in Hamas' military wing.

One report said that the blast occurred during an attempt to defuse a missile or dud that had failed to explode during the 2014 Gaza war.

Hamas' military wing blamed Israel, saying in a statement that a "heinous crime has been committed against our fighters."

"The IDF is not involved in this incident in any way," an Israeli military spokesman said, Reuters reported.