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

Friday, May 18, 2018

China Has Decided Russia Is Too Risky an Investment

The economics of a major oil deal seemed to make sense. But when energy companies are arms of the state, economics aren't the only factor.

Chinese President Xi Jinping and Russian President Vladimir Putin at the West Lake State Guest House on Sept. 4, 2016 in Hangzhou, China. (Wang Zhou - Pool/Getty Images)

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On May 4, the planned investment by the Chinese company CEFC China Energy into Russian state oil giant Rosneft fell apart, eight months after it was first announced. The tie-up’s failure reveals the strict limits on the potential for energy cooperation between China — which is in the process of taking ownership of CEFC — and Russia, and with it a broader political alliance between the two countries.

Beijing has come to view Rosneft more as a tool of the Russian state than a traditional oil company, and to the extent the two countries don’t share political priorities, China has little interest in any significant economic relationship. Although China is actively searching for new political and economic partners around the world, it seems to have decided the Russian government is too risky a political investment.

Rosneft makes little effort to disguise its political motivations and its status as a major domestic political player throughout the Vladimir Putin era. When Yukos, then Russia’s largest oil company, was seized in 2004 following oligarch Mikhail Khodorkovsky’s fall from grace, its assets were ultimately transferred to Rosneft. Rosneft subsequently controlled 16 percent of domestic oil production. Today, the firm claims to produce about 40 percent of Russia’s oil output.

Since Igor Sechin was named its CEO in May 2012, Rosneft has increasingly become a foreign-policy instrument. Sechin had previously overseen energy policy in his role as vice premier of Russia, and he foreshadowed his future plans for Rosneft in negotiating with BP over its Russian operations and by personally taking a leading role in developing Russian-Venezuelan cooperation. Within a year of being named Rosneft CEO, Sechin oversaw the purchase of BP’s Russian operations, resulting in the British oil major taking a 19.75 percent stake in Rosneft itself. Sechin was feted in London, and many in Moscow saw the deal as a way to align Russian and Western interests.

Just one year later, Sechin found himself on Western sanctions lists as relations between Russia and the West soured following Moscow’s annexation of Crimea and invasion of Ukraine. That same geopolitical shift brought Russia closer to China. President Vladimir Putin famously traveled to China in May 2014, when he reportedly agreed to Chinese pricing demands on a 30-year gas export agreement.

Russia’s shifting geopolitics coincided with Chinese President Xi Jinping’s launch of the Belt and Road Initiative to invest in and develop trade with dozens of countries, using China’s economic pull to enhance its influence and deepen political ties. Rosneft, which had recently agreed to double deliveries to China in one of the oil market’s largest-ever deals, seemed poised to benefit. Meanwhile, the previously little-known CEFC was launching its own foray into global markets, seemingly taking its cues from Beijing.

Subsequent events attest that CEFC was following the Belt and Road playbook of investing in locations that are strategically significant for the Chinese state. CEFC’s first major foreign efforts came through its heavy investments into the Czech Republic. The company’s founder, Ye Jianming, was even named an advisor to Czech President Milos Zeman, who in 2015 was actively seeking to boost relations with Beijing. Ye was essentially borrowing from Rosneft’s playbook. Chinese state holding company CITIC then agreed to buy in to CEFC’s Czech assets, though these are far removed from its core business.

CEFC also appeared to be executing Beijing’s foreign-policy aims through another blockbuster deal when in May 2016 it agreed to buy 51 percent of KMG International — a subsidiary of Kazakhstan’s state energy giant, KazMunayGas. The deal was seen as crucial for Kazakhstan, where Xi had launched the Belt and Road program, and which was suffering from its own economic slowdown. CITIC is reportedly considering buying in to its stake in Abu Dhabi’s onshore oil concession as well, in which the state-owned China National Petroleum Corp. is already invested.

All this raises the question of why the investment into Rosneft — although professedly also in the spirit of Belt and Road — has now been allowed to collapse. When the $9.1 billion deal was announced in September 2017, it appeared to be a new crest in the burgeoning Russian-Chinese energy partnership. Much coverage of CEFC since Ye’s detention in late February and speculation into CEFC’s downfall has focused on the significant debts the company amassed. CEFC’s debts may have been cumbersome, but Russia’s state-owned VTB offered to provide much of the financing for the tie-up, though Beijing could easily have done so as well.

Beijing was also clearly willing to deepen its oil ties with Moscow — in 2016, Russia displaced Saudi Arabia as China’s main oil supplier, with the lion’s share being delivered by Rosneft. Just days before the deal’s cancellation, it was reported that a separate five-year supply contract between Rosneft and CEFC, agreed last November, was being adjusted but would continue. However, a direct CEFC investment into Rosneft proved a bridge too far.

Rosneft’s geopolitical machinations ultimately are to blame for the CEFC deal’s collapse. Sechin has allowed Rosneft’s debt to balloon as it seeks to counteract the cost of U.S. sanctions, continuing his mission of prioritizing potential geopolitical reward over financial risk.

While Beijing’s willingness to continue financing the Venezuelan regime appears to have been exhausted, Rosneft has only doubled down. Just last September, Rosneft agreed to make multibillion-dollar loans to Iraqi Kurdistan, less than a month before its independence referendum. Conversely, China has avoided overtly involving itself in Iraq’s internal squabbles. Furthermore, Rosneft’s effective takeover of India’s Essar Oil, finalized last June, allies the oil giant with New Delhi. This may ultimately provide geopolitical rewards to Moscow, and CEFC’s stake would likely not have been sufficient to influence Russian decision-making with regards to one of Beijing’s main rivals.

The cost of Rosneft’s geopolitical machinations has often been borne by its partners. Its shareholders have failed to see returns comparable to other oil firms, even those also concentrated in Russia, amid the oil-price recovery. Last month, BP CEO Bob Dudley jokedthat he would have advised a younger version of himself to avoid Russia, though his firm is very much still invested in Rosneft. Beijing appears to have heeded that warning.

Nine years after Igor Sechin launched the first bilateral commission on Russian-Chinese energy cooperation, his machinations have demonstrated that cooperation’s limit. While China and Russia now describe their relationship as “strategic partners,” the collapse of the CEFC tie-up demonstrates that this is still some way off from an alliance.

Analysis: Why Turkey and Argentina are the main emerging market weak links

FILE PHOTO: Turkish Lira banknotes are seen in this October 10, 2017 picture illustration. REUTERS/Murad Sezer/Illustration/File Photo

Marc Jones-MAY 18, 2018 

LONDON (Reuters) - Running the numbers on foreign exchange reserves and general exposure to the dollar throws up some of the reasons why Turkey and Argentina have been at the heart of the recent emerging market sell-off.

Economists have been quick to pin the blame on problematic politics, high deficits and even higher inflation, but as these graphics show, there are many other issues below the surface.

Turkey’s currency reserves compared with debt payments due in the coming year already looked small versus most of its peers, according to Bank of America Merrill Lynch analysis.

As a ratio, those reserves were already under 90 percent of the country’s 2018 maturing debt, which in the simplest terms means that without access to borrowing markets or generating extra reserves, it would in theory default.

Argentina’s figure is probably close to that too now having sold $8 billion of its reserves since the start of March in its failed bid to stop a 25 percent fall in the value of the peso.

Malaysia and Ukraine’s figure aren’t stellar either, but are at least still above the 100 percent threshold deemed to be the safe minimum.

“The bottom line is that everybody except Turkey has good reserves,” said BAML’s David Hauner, adding that capital flows where now the key thing for under pressure emerging markets.

Respected flow tracker, the Institute of International Finance, has looked at other areas of stress too, such as the currency exposures of banks in a country.

Though most major banking systems in the developing world are much more robust these days, there are exceptions where a crisis could be triggered if dollar-denominated loans start to default.

IIF data points to Argentina’s banks that have high levels of ‘net open FX positions’ - effectively where dollar loans are not balanced out by dollar deposits.

Argentine banks’ net open positions are at 14 percent and India too looks relatively high at over 8 percent. Turkish banks on the other hand look good in this respect at under one percent, thanks to deeply ingrained currency hedging practices.

“If the net open position is high, the possibility of a currency mismatch is high,” IIF capital markets department deputy director, Emre Tiftik said.Another area they consider are banks’ loan-to-deposit ratios. If these are over 100 percent, as in Turkey, but also in South Africa, Chile, Mexico and Colombia, any significant freeze in lending markets can prove dangerous.

On the plus side Tiftik says overall reserve levels in emerging markets are expected to accumulate this year at a rate of around $225 billion, a slightly smaller rise than last year.

The fact China now has restrictions stopping money leaving the country has also prevented a ‘taper tantrum’-style exodus of capital there, which means Beijing hasn’t had a major depletion of its giant reserves stockpile. “They are very much in charge of the movements now,” Tiftik added.

DOLLAR DEBT

The other obvious pressure point is emerging markets’ record $3.7 trillion dollar-denominated debtpile after years of ultra-low global interest rates.

The Bank for International Settlements - the central bank for the world’s central banks - estimates that China’s firms have $530 billion of that total, with Mexico next at $265 billion.
Here too though Turkey and Argentina have sizeable piles at almost $200 billion and $150 billion respectively.

Economists at UK-based Oxford Economics estimate that a 100 basis point rise in 10-year U.S. Treasury yields feeds pretty much one-to-one into the borrowing costs of Mexico, Indonesia and Turkey.

Such moves add the equivalent of 0.2 percent of annual economic output to the cost of servicing debt in Turkey and Chile and 0.3 percent of GDP for Malaysia.

The Information Explosion

We need to reform our educational systems, particularly the teaching of history. As it is taught today, history is a chronicle of power struggles and war, told from a biased national standpoint. We are taught that our own country is always heroic and in the right.

by John Scales Avery- 
Reformed teaching of history
( May 18, 2018, Copenhagen, Sri Lanka Guardian) Human nature has two sides: It has a dark side, to which nationalism and militarism appeal; but our species also has a genius for cooperation, which we can see in the growth of culture. Our modern civilization has been built up by means of a worldwide exchange of ideas and inventions. It is built on the achievements of many ancient cultures. China, Japan, India, Mesopotamia, Egypt, Greece, the Islamic world, Christian Europe, and the Jewish intellectual traditions all have contributed. Potatoes, corn, squash, vanilla, chocolate, chilli peppers, and quinine are gifts from the American
Indians.
We need to reform our educational systems, particularly the teaching of history. As it is taught today, history is a chronicle of power struggles and war, told from a biased national standpoint. We are taught that our own country is always heroic and in the right. We urgently need to replace this indoctrination in chauvinism by a reformed view of history, where the slow development of human culture is described, giving credit to all who have contributed. When we teach history, it should not be about power struggles. It should be about how human culture was gradually built up over thousands of years by the patient work of millions of hands and minds. Our common global culture, the music, science, literature and art that all of us share, should be presented as a precious heritage – far too precious to be risked in a thermonuclear war.
Many areas of science can be thought of as history:
Cosmology is history: It is the history of our entire universe.
Geology is history: It is the history of our Earth, its continents and its oceans.
Evolutionary biology is history: It is the history of all living creatures. It is the history of our own species and our place in nature.
Paleoanthropology is history: It is the history of how homonids became humans. The study of languages is history.
Relationships between languages allow us to trace the spread of humans from their origin in Africa to other parts of the earth.
Modern genetics contributes to history: The study of mitochondrial DNA and Y-chromosomal DNA allows us to trace the pathways that our ancestors followed in populating the earth.
Two sides of human nature: Compassion and Greed
Humans are capable of great compassion and unselfishness. Mothers and fathers make many sacrifices for the sake of their families. Kind teachers help us through childhood, and show us the right path. Doctors and nurses devote themselves to the welfare of their patients.
Sadly there is another, side to human nature, a darker side. Human history is stained with the blood of wars and genocides. Today, this dark, aggressive side of human nature threatens to plunge our civilization into an all-destroying thermonuclear war.
Humans often exhibit kindness to those who are closest to themselves, to their families and friends, to their own social group or nation. By contrast, the terrible aggression seen in wars and genocides is directed towards outsiders. Human nature seems to exhibit what might be called “tribalism”: altruism towards one’s own group; aggression towards outsiders. Today this tendency towards tribalism threatens both human civilization and the biosphere.
Greed, in particular the greed of corporations and billionaire oligarchs, is driving human civilization and the biosphere towards disaster.
The greed of giant fossil fuel corporations is driving us towards a tipping point after which human efforts to control climate change will be futile because feedback loops will have taken over. The greed of the military industrial complex is driving us towards a Third World War that might develop into a catastrophic thermonuclear war. The greed of our financial institutions is also driving us towards economic collapse.
Until the start of the Industrial Revolution in the 18th and 19th centuries, human society maintained a more or less sustainable relationship with nature. However, with the beginning of the industrial era, traditional ways of life, containing elements of both social and environmental ethics, were replaced by the money-centered, growth-oriented life of today, from which these vital elements are missing.
According to the followers of Adam Smith (1723-1790), self-interest (even greed) is a sufficient guide to human economic actions. The passage of time has shown that Smith was right in many respects. The free market, which he advocated, has turned out to be the optimum prescription for economic growth. However, history has also shown that there is something horribly wrong or incomplete about the idea that self-interest alone, uninfluenced by ethical and ecological considerations, and totally free from governmental intervention, can be the main motivating force of a happy and just society. There has also proved to be something terribly wrong with the concept of unlimited economic growth. Limitless growth of population or industry on a finite planet is a logical impossibility.
Culture, education and human solidarity
Cultural and educational activities have a small ecological footprint, and therefore are more sustainable than pollution-producing, fossil-fuel-using jobs in industry. Furthermore, since culture and knowledge are shared among all nations, work in culture and education leads societies naturally towards internationalism and peace.
Economies based on a high level of consumption of material goods are unsustainable and will have to be abandoned by a future world that renounces the use of fossil fuels in order to avoid catastrophic climate change, a world where non-renewable resources such as metals will become increasingly rare and expensive. How then can full employment be maintained?
The creation of renewable energy infrastructure will provide work for a large number of people; but in addition, sustainable economies of the future will need to shift many workers from jobs in industry to jobs in the service sector. Within the service sector, jobs in culture and education are particularly valuable because they will help to avoid the disastrous wars that are currently producing enormous human suffering and millions of refugees, wars that threaten to escalate into an all-destroying global thermonuclear war.
Culture is cooperative, not competitive!
Our modern civilization has been built up by means of a worldwide exchange of ideas and inventions. It is built on the achievements of all the peoples of the world throughout history. The true history of humanity is not the history of power struggles, conflicts, kings, dictators and empires. The true history of humanity is a history of ideas, inventions, progress, shared knowledge, shared culture and cooperation.
Our cultural heritage is not only immensely valuable; it is also so great that no individual comprehends all of it. We are all specialists, who understand only a tiny fragment of the enormous edifice. No scientist understands all of science. Perhaps Leonardo da Vinci could come close in his day, but today it is impossible. Nor do the vast majority people who use cell phones, personal computers and television sets every day understand in detail how they work. Our health is preserved by medicines, which are made by processes that most of us do not understand, and we travel to work in automobiles and buses that we would be completely unable to construct.
The sharing of scientific and technological knowledge is essential to modern civilization. The great power of science is derived from an enormous concentration of attention and resources on the understanding of a tiny fragment of nature. It would make no sense to proceed in this way if knowledge were not permanent, and if it were not shared by the entire world.
Science is not competitive. It is cooperative. It is a great monument built by many thousands of hands, each adding a stone to the cairn. This is true not only of scientific knowledge but also of every aspect of our culture, history, art and literature, as well as the skills that produce everyday objects upon which our lives depend. Civilization is not competitive. It is cooperative!
Cambodia: Toxic substance from mine responsible for poisoning of hundreds




THE mystery of how hundreds of Cambodians were poisoned has been solved, the country’s industry minister said on Thursday after it was found a goldmine in northeastern provinces has been releasing toxic substances into a local river.

Residents of Kratie and Mondulkiri provinces have been fed conflicting reports by the government over the last week as to how more than 200 inhabitants were hospitalised and 14 people killed. After a number of inaccurate reports, they were beginning to lose faith of ever getting an answer.

According to Radio Free Asia, the government first blamed water tainted with pesticides and then methanol-laced rice wine for the tragedy.

Minister of Industry and Handicraft Cham Prasidh said that experts from the ministry examined the water in the river of Prek Te in Kratie and found chromium and cyanide. The substances were found at various mining sites between Kratie and neighboring Mondulkiri and the ministry believed that they were improperly handled and that rain washed them into the river.

shutterstock_138759407
People searching gold on Tonle Sap river. Source: meunierd/Shutterstock

The ministry added that the stream water had a chromium level of 173 micrograms per litre, while the maximum allowable level is just 50 micrograms per litre.

The water also had a nitrate level from seven to 23 milligrams per litre, while the maximum allowable level is just three milligrams per litre.

Just a week earlier, villagers were told that officials from the provincial mines and energy department visited the area and determined that gold mining had no role to play in the tragedy. They reiterated their story that methanol-laced rice wine was to blame for the spate of illness.


Shortly after the Kratie deaths were reported 80 indigenous ethnic Phnorng residents of four villages in Mondulkiri province fell ill after drinking contaminated water from a stream that had long been the source of drinking water for the area.

According to The Khmer Times, a doctor from one of the local hospitals said those seeking medical attention complained of feeling dizzy and had difficulty breathing.

Cham Prasidh said the government will take action against mining outfits responsible for the pollutants.

Growing resistance to antifungal drugs 'a global issue'


Candida auris
SCIENCE PHOTO LIBRARY-Candida auris is responsible for increasing invasive fungal infections in hospitals

BBC
  • 18 May 2018

  • Scientists are warning that levels of resistance to treatments for fungal infections are growing, which could lead to more outbreaks of disease.
    Intensive-care and transplant patients and those with cancer are most at risk because their immune systems cannot fight off the infections.
    Writing in Science, researchers said new treatments were urgently needed.
    Fungal infections had some of the highest mortality rates of infectious diseases, an expert said.
    An international team, led by researchers from Imperial College London and the University of Exeter, found a huge increase in resistance to antifungal drugs worldwide over the past 30-40 years.

    Everywhere in the air

    Prof Matthew Fisher, professor of epidemiology at Imperial College London, said this was probably down to farmers spraying their affected crops with the same drugs used to treat fungal infections in patients.
    The "unintentional by-product of this 'dual use' of drugs in the field and the clinic" was that drugs were no longer working in patients who were unwell, he said.
    "There are fungi in the air all the time, in every lung-full of air we breathe," Prof Fisher said.
    "Bodies with a fully functioning immune system do an amazing job of curing the infection - but it can become an invasive fungal infection in others and [this] needs a drug."
    He said the number of people at risk from fungal infections was rising rapidly as a result of increased numbers:
    • people with HIV
    • the elderly
    • patients in hospital
    The review said improvements were needed in how existing drugs were used, as well as an increased focus on the discovery of new treatments, in order to avoid a "global collapse" in the fight against fungal infections.

    'Under the radar'

    Prof Sarah Gurr, from the University of Exeter, said: "Emerging resistance to antifungal drugs has largely gone under the radar, but without intervention, fungal conditions affecting humans, animals and plants will become increasingly difficult to counteract."
    Prof Gordon Brown, director of the Medical Research Council Centre for Medical Mycology, said some fungal infections had mortality rates of more than 50%.
    He said: "Given the high rates of mortality of these infections, these disturbing trends suggest that even our limited ability to treat these diseases is being severely compromised."
    Prof Brown said we were also seeing the rise of new multidrug-resistant fungi such as Candida auris.
    Candida auris is responsible for increasing rates of invasive fungal infections in hospitals around the world - but there are very few treatments for it.
    The review said it was resistant to all antifungal drugs and "presents a threat to intensive-care units" because it could survive normal efforts at decontamination.

    Thursday, May 17, 2018

    The OMP and the Aspirations of Families of the Missing and Disappeared



    MCM IQBAL-05/17/2018

    The first permanent official body created to search and trace missing persons in Sri Lanka is the Office on Missing Persons (OMP) established under Act No. 14 of 2016.  This was done to comply with a recommendation in the 2015 UNHRC Resolution which was co-sponsored by the Government of Sri Lanka. However the office was set up about two years after the Act was passed. It started functioning only in May 2018 with members visiting Mannar to meet the victims of disappearances in that District.

    Following the conclusion of the war in May 2009, there was a clamour by the families of missing persons to find out what had happened to their  loved ones who had surrendered to the military at the end of the war and those whose whereabouts remain unknown.  Consequently a Commission of Inquiry into Missing Persons, known as the Paranagama Commission was appointed in August 2013. Its mandate was amended later in July 2014 to enable it to inquire into, inter alia, the circumstances that led to the loss of life and other violations by the protagonists during the final phase of the war in 2009.

    Unlike the Office on Missing Persons, the Paranagama Commission was not a permanent body and had a limited mandate and a term within which it had to complete its task. Though a large number of victims of missing persons complained to the Commission it failed to meet the aspirations of the victims. So when the Bill relating to the OMP was made public a memorandum was submitted to the Consultation Task Force by the victims’ organisations such as the Affected Families Forum and civil society groups, two weeks after the publication of the Bill given by the Government to make their submissions.  As the time given was very short it was not possible to get the views of all victims’ organisations on the proposals in the Bill. This memorandum set out the aspirations of a cross-section of the victims and interested civil society organisations.

    The main items in that memorandum could be summarised as follows:
    • That enforced disappearances of persons should be made a criminal offence before the OMP Act is enacted;
    • That complaints of missing persons should be entertained by the OMP without a time limit;
    • That they should have the option to invoke legal remedies independently;
    • That information on mass graves, including those where human remains are found should be investigated ;
    • That the OMP should have all the investigative powers of Commissions of Inquiry (COI) and other investigative mechanisms with unfettered powers to call for records from state institutions;
    • That it should examine and accept evidence already available, with previous investigative bodies such as Commissions of Inquiry, in respect of such missing person ;
    • That it should prepare a list of confirmed missing persons from the lists available in the records of previous COI;
    • That the OMP should be authorised to issue certificates of absence but should not compel any victim to accept such a certificate in the absence of conclusive proof on the whereabouts of the missing person;
    • That the OMP must establish a separate victim and witness protection unit;
    • That even though there should be confidentiality in the proceedings of the OMP, that should not hinder the victims right to justice;
    • That investigations into missing persons leading to prosecutions should not be handed to the Terrorist Investigation Department (TID) or the Criminal Investigation Department (CID) but must await the other transitional justice mechanisms to become operational.
    • That all evidence obtained by the OMP must be transferred to the prosecuting authorities bearing in mind the victims’ rights to justice;
    • That the OMP must be given the right to make binding recommendations to the Government to guarantee non-occurrence of such crimes in the future;
    • That availing of the services of foreign nationals as staff or advisers of the OMP should be considered in collaboration with the UN High Commissioner for Human Rights and the Sri Lankan authorities;
    • That the OMP must set up sufficient branch officers and where their presence is needed at the Head office in Colombo, their travel costs should be re-imbursed .
    It would thus be seen that the victims had high hopes that with the setting up of the OMP, their long wait for justice would be met. However when the draft Bill was placed before the Parliament, their aspirations did not receive due consideration. Instead there was a hue and cry that the Government was trying to give in to international pressure and punish the ‘war heroes’ in spite of the valiant efforts that they had made to defeat the LTTE and save the country from them.  Consequently,  the Government was compelled to amend the Bill to appease the demands of those in the Parliament who considered the ‘military’ as heroes who should not be held responsible for any of violations. This resulted in making the contents of the OMP Act to be diluted. The OMP as an institution is a far cry from the aspirations of the victims of missing persons. Let us now take a close look at some of the provisions in the act.
    Section 12 of the Act speaks of the investigative powers of the OMP. Past COIs had almost the same powers. Investigation units headed by senior retired Superintendents of Police with handpicked teams of Police Officers assisted the COIs in their investigations and perused Police Information books and other records at Police Stations. In some instances they found names of the ‘disappeared’ entered in the Diet Registers but absent in the corresponding entries of persons detained on the relevant dates.

    They also looked into the entries in the running charts of police vehicles and found some of them had mentioned the names of police officers who had visited particular villages in that vehicle at precisely the very same time that the disappeared person had been taken away. That the police came to that place and took the person concerned away had been denied by the Police when relations made inquiries about the person taken.     Such was the amount of effort that the investigation teams of the COIs put into complaints to trace what had happened to the missing persons. In spite of all such information being found, no action has been taken against the alleged perpetrators on the basis of the Reports of the COIs. The investigation reports and the list of perpetrators with the evidence against them keeps gathering dust in the archives, while those who complained to the said COIs keep expressing dismay on their performance. There is nothing to prevent the same thing happening to such reports by the OMP based on information this body’s investigations may find.

    Section 12 (i) of the Act states that where it appears to the OMP that an offence within the meaning of the Penal Code or any other law had been committed, it can report this possible offence to the relevant law enforcement or prosecuting authority, in consultation with the relatives of the missing person. But that is exactly what happened with the previous COIs, which unearthed a total of about 2000 names of people against whom credible evidence was found indicative of responsibility for some of the disappearances. The relevant files were then passed on by the President’s Office to the then Missing Persons Unit of the Attorney General’s Department and from there to the Disappearances Investigation Unit of the CID to collate evidence and tie up loose ends, and to enable charges to be framed. What happened to those cases is now history. There is nothing to prevent the same happening to any cases the OMP may forward to the prosecuting authority at the conclusion of its investigations into a complaint. Besides what is the use in the OMP forwarding those to the prosecuting authorities when section 13(2) of the Act says that no criminal or civil liabilities would ensue based on the findings of the OMP?

    Section 12 (d) of the Act gives powers to the OMP to exhume suspected grave-sites availing of a judicial order. Such a power was not given to the COIs. Hence they could only mention in their reports about the many mass graves about which witnesses had given evidence but could not probe further into them for want of authority to do so in their mandates.   Henceforth, it would be possible for OMP to do so. The remains of many who have disappeared may be discovered in the graves the OMP may exhume. After forensic examination of the remains, the cause of death may be found and the person concerned may even be identified. What the OMP could do in such instances is not clear.
    Section 12(f) authorises an officer of the OMP to enter any place of detention without a warrant to look for a missing or disappeared person. This is a power already provided to  the National Human Rights Commission (NHRC) by the relevant section of the HRC Act. It enables the HRC  to visit any place of detention. Whether providing such power to the OMP makes any difference to what the NHRC already has, is to be seen.

    The most frustrating provision in the OMP Act is Section 13 (2) which says that the findings from the investigations of the OMP ‘shall not give rise to any criminal or civil liability’. This is contrary to the expectations of victims who are eager to know what happened to their loved ones and if any harm had befallen them, they expect those responsible be prosecuted.  Can they be told, after exhaustive investigations, that the OMP could not find a missing person handed over to a specified officer by a parent or other person in response to a call for those involved (directly or indirectly) in the war to surrender, and stop at that? Will a complainant who makes such an allegation be satisfied with the answer of the OMP that the missing person concerned  cannot be found while the person to whom he had been handed over continues to be in service or otherwise, be satisfied and accept a certificate of absence? What if the remains of the person concerned are found subsequently in one of the graves exhumed and the complainant is told that the OMP has no power to take any further action on the matter? That would certainly lead to a clamour for justice by the victims who would be in a state of despair.

    Besides this provision is negated by Section 13(2) of the OMP which, as stated earlier, says that ‘the findings of the OMP shall not give rise to any criminal or civil liability’. That being so, what would be the purpose of such cases where there is evidence of the person responsible made available to the prosecuting authority? Does not Section 13 (2) confirm the assurance given to the military with repeated statements in public by those in the Government that no one need fear the OMP finding evidence of anyone being involved in violations during the conflict? What will be the feeling of the families of the disappeared or missing persons when they eventually realise the consequences of the provisions in  Sections 12 (i) and the contradictory provision in Section 13(2) of the Act? Besides by attempting to protect some the miscreants in the Police and the Security forces, the reputation of the honourable and disciplined personnel in these institutions remain tarnished.

    Section 13 (k) of the Act expects the OMP to make recommendations to prevent future disappearances. This is a ludicrous provision. Well-considered recommendations in this regard made by the eminent members of the three zonal COIs and the All-Island Commission appointed by President Chandrika Bandaranaike, continue to be ignored by successive governments which appear to have no appetite to end this scourge of disappearances in the country. Ignoring such recommendations has promoted impunity which was at its infancy then and has become mature now.   Perhaps the current government could take a look at those recommendations at least now and consider taking action based on those recommendations without waiting for the OMP to make fresh recommendations in this regard. Such an action would prove that the Government is serious about preventing  disappearances of persons in the future.

    A note on the staffing and financing of the OMP. While the Act says in Section 3(2) that the OMP is a ‘body corporate having perpetual succession’, Section 6 of the Act says that ‘Every member of the OMP shall hold office for a period of three years’ . If the term of office of all seven members of the OMP expires on the same date in three years and if seven new members are appointed thereafter, it would be as good as a new OMP coming into being with a new view on its functions. Instead it would have been appropriate for the purpose of making the body, in fact a perpetual one, if provision had been made for a certain number of members ceasing to hold office in a given number of years and being replaced by that number of persons to enable a continuity in the operations of the OMP rather than the whole lot being replaced in one go and giving it a completely new face at the end of three years.

    While under section 5(3) the Chairman of the OMP has been named as its Chief Executive, its Secretary and the Accountant who have a key role to play, are not referred to as the statutory heads of their respective divisions.  The OMP Act speaks of three other different units – the Tracing Unit and the Witness Protection Unit to have statutory heads (vide sections 17(2) and 18 (2)   respectively),  there is no mention of a head for the Data Collection Unit referred to in section 13(h). Besides it cannot be understood why   the Act expects the OMP to create a data base unit containing all particulars of missing persons, when the data so collected cannot be accessed by anyone due to the obligatory need for confidentiality of such information.

    Though it is stated that the monies would be provided for the OMP from the Consolidated Fund, the experience of the COIs show that the financial independence of the OMP would be limited as it has to be subservient to the powers of the Secretary to the President, who is the Chief Accounting Officer of the Consolidated Fund. This could have been obviated if the Parliament was authorised by the Act to make a direct allocation of funds to the OMP as they do to the Bribery Commission and the Commissioner of Elections.

    To cap it all, Section 15 (1) of the OMP Act which ensures the confidentiality of the information provided to the OMP or collected by it, also states that ‘The provisions of the Right to Information Act No. 12 of 2016 shall not apply with regard to such information’ . Consequently the Right to Information Commission is going to be deprived of access to any information or data available with the OMP. This would invariably lead to the OMP having to suffer the same fate that befell the Commissions of Inquiry into Disappearances of Persons.  Further even if a victim wishes the information he or she had provided be made public, the OMP can withhold such information. It appears that this provision had been deliberately included in the Act to protect the de facto and /or alleged perpetrators’ names from being made public and shamed.

    Further when the UNHRC’s Resolution recommended that appropriate measures must be taken to deal with the issues relating to the missing persons in the country, it expected that a determined effort would be made to identify perpetrators and deal with them in a manner as to become a deterrent to such incidents taking place in the future. But the provisions in the OMP Act make the body nowhere near what was expected in that Resolution. This reminds the writer of the concluding remark in the Final Report of the International Independent Group of Eminent Persons (IIGEP) invited by the previous Government to oversee the proceedings of the Presidential Commission on Serious Human Rights Violations, who aborted their mission in 2007 stating that the then Government neither had the will nor the intention to promote or protect human rights in Sri Lanka. One wonders whether the intention of the current Government in enacting the OMP Act in line with the said opinion of IIGEP about the previous government. In view of these circumstances one could clearly see that  the OMP is going to end up as an institution that would fall far short of meeting the key aspirations of the victims of missing persons and putting an end to their clamour for justice.

    Editor’s Note: The author was the Secretary to two Commissions of Inquiry into Disappearances of Persons in Sri Lanka and later a Consultant at the National Human Rights Commission. Some of the information in this article is from his personal knowledge of events. Also read “In their Absence: Families of the Disappeared Share Treasured Keepsakes” and “The Process Behind OMP: Video Interviews“.

    Stories of Mullivaikkal released by Adayaalam in Jaffna

    Home17May 2018
    Stories of Mullivaikkal, a collection of stories showcasing the individual strength and resilience of survivors of the final phases of the war, was released by the Adayaalam Centre for Policy Research on Tuesday.
    The book launch which took place at the Jaffna Public Library began with the lighting of lamps, to commemorate the victims of Mullivaikkal.
    Adayaalam’s Research Director, Dharsha Jegatheeswaran, and Senior Researcher, Anushani Alagarajah, introduced the stories, part of the organisation’s wider ‘Stories of Resilience’ project.
    “This series presents alternative narratives from survivors of Mullivaikkaal which does not narrow their lived experiences to helpless victimhood but rather promotes and accepts their agency. We hope that this series will raise awareness about the struggle and resilience of the survivors of the last phase of the war and broaden the conversation about assisting those who suffered mass atrocities during the end of the war.” (Adayaalam, Stories of Resilience)
    Inaugural copies of the book were presented to the event’s chief guests, who included representatives of the Kilinochchi disappearances protest and representatives of displaced families from high security zones in the North, as well as local civil society and media representatives.
    Speakers at the event spoke broadly about the continued struggle for Tamil rights, accountability and justice on the island and the importance of documentation projects like Stories of Mullivaikkal.
    Sukanthini Theiventhiram, a disappearances activist and member of the Centre for Human Rights and Development spoke about the protests in the North-East as a means of continuing the Tamil struggle.
    Jaffna-based journalist, Shalin Uthayarasa spoke on the importance of documenting memories as a form of preserving the Tamil nation and as a resistance to oppression, militarisation and Sinhalisation.
    Ranitha Mayooran, a lawyer from CHRD also spoke about the importance of documentation, not only as a means of preserving the truth for future generations, but also for preserving evidence for any future accountability mechanisms.

    The Need to Rethink Jaffna Council Appointments

    The constitution of the Jaffna University Council is a critical factor in rebuilding the University and its image. Retaining council members like Prof. Tharmaratnam is necessary to establish justice and fairness in the way the University of Jaffna conducts its affairs in the future.

    Following open letter written to the Minister for Higher Education in Sri Lanka, Dr. Wijedasa Rajapaksa
    ( May 16, 2018, Jaffna, Sri Lanka Guardian) We the undersigned express our deep disappointment at the manner in which the new Council for the University of Jaffna was appointed recently. We learn that the appointments were rushed through by the UGC with almost no transparency by 20th April, and posted several days later just before you, the incoming minister were sworn in on 1st May. The UGC Chairman then went abroad and the University of Jaffna received the information by post from the UGC on 2nd May.
    While several members of the outgoing Council have been retained, some others have been dropped. We are puzzled as to the basis on which the University Grants Commission decided whom to be retained and whom to be excluded. We are particularly concerned about the decision made by the University Grants Commission to not retain Professor Tharmaratnam who showed a keen interest in the affairs of the University of Jaffna in many different ways during his tenure as Council Member and before. He was for transparent and fair recruitment process; a man of integrity, he went far beyond the routine duties of council members and expended much effort in cases involving sexual harassment of women and justice for minor employees. He was a rare voice on raising these issues and pressurising the council to deal with them
    Owing to serious malpractices in recruitment and lack of sensitivity towards the ethnic and religious backgrounds of the students coming to the University of Jaffna from different parts of the country, the University has been facing a crisis for the past few decades. In the post-war era, the University needs visionary leadership and guidance to re-envision its social role. Some recent events highlight the importance of secularism. Normal postwar development has resulted in large numbers of Muslim and Sinhalese students being admitted to the University. But the University, which has increasingly projected a narrowly religious and political image, fails miserably to bring the students together and forge a common university life. They too tend to live in their narrow enclaves and reactions to this narrowness could be potentially explosive as recently with the Buddhist monument crisis in the Vavuniya Campus. By contrast, in the early days of the University, when there were leaders among the staff who resisted pressures of pettiness and bigotry, there was still a common university life amidst diversity of the student population, many of whom could not function effectively in English.
    The University had the benefit of enormous goodwill at the end of the war, which could have been used to bring in visiting teachers from overseas and other universities in this country, to radically improve standards and give it a more open character. This has not happened. Those who tried hard to come have been actively discouraged. Inviting visiting lecturers from other universities in the country and universities abroad who conduct their research and teaching in English would have enabled those who find their competency in the English language in need of improvement, or limiting their academic progress, to get critical support and guidance.
    In early 2017, there was a strenuous effort on the part of some council members to break out of the rotting mould by supporting a well-accomplished academic, Prof. Sam Thiagalingam, of Boston University, for the position of vice chancellor that was to fall vacant. His application was obstructed by interests that were intent on preserving status quo.
    At issue was the technicality of a slight postal delay in Prof. Thiagalingam’s application. Much to widespread relief, two council members, Prof. Tharmaratnam and Dr. Jeyakumar, who have been left out in the present round of appointments, though not lawyers, went to enormous trouble to confirm the Postal Rule, which says that the day an application was stamped at the sending post office is the day of delivery. The university administration denied this rule despite the considerable legal resources they had in the Council and the Law Department. More puzzlingly, the UGC too, deliberately or otherwise, was unable to clarify this well-known rule and stood by, enabling the outgoing vice chancellor to drop Prof. Thiagalingam’s name. We give two instances to illustrate the enormous damage done.
    Something is very sick about a university that is cavalier about the rule of law and, with a heavy hand, denies justice to, and abuses the underdog. In July 2016, it was only Prof. Tharmaratnam, who spotted that a minor employee, Janatheepan, was quietly dismissed on the basis of a memo handed over to the Council at the commencement of the meeting, without any discussion. He pointed to the abuse of law in dismissing an employee without first interdicting him, and got him reinstated and interdicted pending inquiry. The inquiry pointed to the action against the employee having been engineered by two deans, who became powerful under the earlier vice chancellor, and were compromised in the illegal cutting and removal of trees from the Killinochchi Campus. Janatheepan had only drawn the inquirer’s attention to the theft. The Council interdicted the employee the second time, arbitrarily associating him with the theft he had brought to light. Under the new council, the whole matter stands to be swept under the carpet and the employee sacked.
    In two cases of sexual harassment of female students, the council minutes show that the inquiries were pushed along because of Tharmaratnam’s initiative. It was his personal involvement that in one case ensured the inquiry was completed before the Supreme Court’s deadline.
    The Dean of Management has the case of T. Ravivathani, once the leading candidate for Probationary Lecturer in Financial Management, dragging on in the Supreme Court for four years; although the selected candidate had given false information about her experience and the former vice chancellor had lied to the Court that she was present at Ravivathani’s interview. The same Dean, backed by the present Vice Chancellor, has clashed with Prof. Tharmaratnam on the selection committee for another vacancy in the same post. Tharmaratnam, along with the head of department and a third person, opposed the attempt to appoint a favourite who is about eighth on the Jaffna University merit list, over a woman first class from Sri Jayewardenapura of outstanding merit, who holds the prestigious award of Chartered Financial Analyst, USA.
    Regarding the substance of the appeal, the Jaffna University was the outcome of concerted effort by a group of very distinguished academics during the 1950s. The term Tamil University Movement was perhaps unfortunate; what was then proposed was a regional university with headquarters in Trincomalee. When Jaffna University was finally established, it was headed by Prof. Kailasapathy, who was highly respected amongst academics of all political shades.
    Unfortunately, largely as the result of the war, Jaffna University gradually degenerated into a parochial university. Despite having had several distinguished professors, the quality suffered and the emerging leadership increasingly succumbed to narrow Tamil nationalism. Although started about the same time, Jaffna is today widely regarded as failing to match Ruhuna University, most visibly in its physical layout, design and building, where, in Ruhuna, Geoffrey Bawa had a major hand. We can, however, improve the quality of the leadership, if we are willing to look worldwide. Jaffna University as currently constituted cannot be a source of pride, either for the people of the North or for those who initiated the Tamil University Movement.
    The constitution of the Jaffna University Council is a critical factor in rebuilding the University and its image. Retaining council members like Prof. Tharmaratnam is necessary to establish justice and fairness in the way the University of Jaffna conducts its affairs in the future. We urge you to recognize the courage demonstrated by Council members like Prof. Tharmaratnam and Dr. Jeyakumar and the efforts they took in bringing about far-reaching changes at the University of Jaffna and re-appoint them to the Council. Tolerating the brazen mismanagement of one university by excluding members who are committed to progressive change would eventually discredit the entire university system.
    List of Signatories
    1. Devanesan Nesiah
    2. Kumari Jayawardena
    3. Manel Fonseka
    4. Hettigamage Sriyananda
    5. K. Chitravadivel
    6. Sterling Perera
    7. SriNadaraj Kalaraj
    8. Kanishka Goonewardena
    9. Rohini Hensman
    10. Arjuna Parakrama
    11. Pakiasothy Saravanamuttu
    12. R.E. Jayaceelan
    13. Panini Edirisinghe
    14. Selvy Thiruchandran
    15. Nirmala Rajasingam
    16. Suren Fernando
    17. V. Nisanth
    18. Indra Jayewardene
    19. Marshal Fernando
    20. S. Shiva Sabesan
    21. Rajan Hoole
    22. S. Ravishankar
    23. T. Sivarupan
    24. Ananda Dias Jayasinha
    25. N. Sahayanathan
    26. Janaka Ratnasiri
    27. S. Thangarajah
    28. Kanagasabai Nagulendran
    29. Jehan Perera
    30. R. Varathan
    31. Thiruchandran Jeremeah
    32. K. Visakaratnam
    33. V. Thuvarahan
    34. S. SreeHarikesan
    35. S. Sutharsan
    36. S. Aingaran
    37. Camena Guneratne