Tuesday, June 5, 2018

Abuse is daily reality for female garment workers for Gap and H&M, says report

Clothing companies to investigate allegations that fast fashion deadlines create climate of harassment and violence in Asian factories

Bangladeshi workers at a garment factory on the outskirts of Dhaka. Gap and H&M both told the Guardian they welcomed initiatives to tackle violence. Photograph: NurPhoto via Getty Images

Kate Hodal @katehodal-Tue 5 Jun 2018

Pressure to meet fast fashion deadlines is leading to women working in Asian factories supplying Gap and H&M being sexually and physically abused, according to unions and rights groups.

More than 540 workers at factories that supply the two retailers have described incidents of threats and abuse, according to two separate reports published last week by Global Labour Justice on gender-based violence in Gap and H&M’s garment supply chains.

The reports claim that these allegations, recorded between January and May this year in Bangladesh, Cambodia, India, Indonesia and Sri Lanka, are a direct result of pressure for quick turnarounds and low overheads.

Publication of the reports comes as negotiations are being held this week at the International Labour Organisation (ILO) to tackle workplace harassment.

Tola Moeun, director of CentralCambodia, an NGO involved in the research, said abuse was a daily reality for female garment workers driven to meet unrealistic targets in H&M and Gap’s supply chains. “Most of these cases are not reported due to fear of retaliation in the workplace.”

Gap and H&M both told the Guardian they would investigate the allegations and that they welcomed initiatives to tackle violence, including an ILO convention.

Jennifer Rosenbaum, US director of Global Labour Justice, said: “We must understand gender-based violence as an outcome of the global supply chain structure. H&M and Gap’s fast fashion supply chain model creates unreasonable production targets and underbid contracts, resulting in women working unpaid overtime and working very fast under extreme pressure.

“Unions and many governments agree an ILO convention on gender-based violence is essential, although there is still opposition from some employers.”

H&M lists 235 Indian garment factories among its suppliers, the report says. In one dispute last month in a Bangalore factory over wages and working conditions, a female tailor said to researchers that she was grabbed by the hair and punched, then told: “You whore, your caste people should be kept where the slippers are kept.”

One worker in another H&M supplier factory told researchers she was beaten as punishment for not meeting production quotas.

“[My] batch supervisor came up behind me as I was working on the sewing machine, yelling, ‘You are not meeting your target production.’ He pulled me out of the chair and I fell on the floor. He hit me, including on my breasts. He pulled me up and then pushed me to the floor again [and] kicked me.”

At an H&M supplier factory in Sri Lanka, one woman complained: “When girls scold machine operators for touching them or grabbing them, they take revenge. Sometimes they give them machines that don’t function properly. Then they don’t come and repair it for a long time. After that, supervisors scold us for not meeting the target.”

In a factory supplying Gap in Indonesia, a woman talked about daily being called stupid, mocked for not working faster and threatened with contract termination.

“They also throw materials. They kick our chairs. They don’t touch us, so they don’t leave a mark that could be used as evidence with the police,” she said.

Debbie Coulter, of the Ethical Trading Initiative, of which both Gap and H&M are members, said: “These allegations are deeply concerning. Gender-based violence is unacceptable under any circumstances, and brands need to make sure that women working in their supply chain are protected.

“We expect H&M and Gap to investigate these allegations, and to work with supplier factories so that any women affected have swift access to remedy.

“ETI will be in regular contact with these members and will offer support where appropriate to ensure a swift resolution for all workers affected.”

In an email, H&M told the Guardian: “All forms of abuse or harassment are against everything that H&M group stands for. Violence against women is one of the most prevalent human rights violations. Gender-based violence makes women all around the world suffer daily and undermines their health, dignity and security. This is why we welcome any initiative strengthening the human rights of women at work, such as the international convention against gender-based violence in the workplace being discussed within the ILO.

“We will go through every section of the report and follow-up on factory level with our local teams based in each production country.”

Gap said it was “deeply concerned” about the allegations and was now conducting due diligence to investigate and address these issues.

“We are committed to making sure that the people who make our clothes work in safe conditions and are treated with respect. We’ve consolidated our supplier base to focus on partners that share our values and goals, and an increasing number of factories we source from are audited by ILO’s Better Work programme.

“Our Code of Vendor Conduct, which closely aligns with our environmental and human rights policies, prohibits any form of discrimination. We conduct assessments of our branded apparel suppliers on a regular basis to ensure compliance, and when we encounter any discriminatory or retaliatory practices in our supply chain, we require that our suppliers promptly remediate the situation.

“Gap Inc agrees that gender-based workplace violence is a significant issue and an appropriate subject for ILO action.”

The unsolved murder of transgender woman Mesha Caldwell

By Kiran Moodley-4 Jun 2018

2017 was one of the deadliest years for transgender people in the United States.

At least 28 murders were reported by the Human Rights Campaign, the worst on record. Many in the LGBT community fear the struggle for acceptance has taken a step backwards under President Trump. His administration has already tried to ban transgender people from the military and scrapped official protections for transgender students.

Furthermore, in states like Mississippi, legislation has been introduced that allows organisations and individuals to not serve, marry or employ LGBT people based on their religious convictions. And more recently, the Supreme Court ruled in favour of Colorado baker, who refused to bake a cake for a same-sex marriage couple because of a religious objection.

Activists say transgender women in the South are at greatest risk. Kiran Moodley has been to Mississippi to find out more about one murder – which still remains unsolved more than one year on.

Syphilis and gonorrhoea up by one-fifth

5 June 2018

England has continued to see a rise in cases of syphilis and gonorrhoea over the past year.

New data shows a 20% increase in cases of syphilis and a 22% increase in gonorrhoea, compared with 2016.

Diagnoses of sexually transmitted infections (STIs) in England remain stable overall, with around the same number reported as the previous year.

Health experts have expressed concern over a decline in testing for chlamydia.

Graph showing rising rates of syphilis and gonorrhea

The impact of STIs remains greatest in young people aged between 15 and 24 years, with gay, bisexual and other men who have sex with men among those most at risk, says Public Health England in its report.

Black and minority ethnic populations are also disproportionately affected by STIs.

Chlamydia remains the most prevalent of the diseases, accounting for more than 200,000 cases last year - nearly half (48%) of all new STI diagnoses in 2017.

Testing in contraceptive clinics has fallen by 61% since 2015, which experts say may indicate a squeeze on resources. However, it may also reflect a rise in the use of home testing kits - and the availability of testing in other settings.

More than 7,000 cases of syphilis and nearly 46,000 cases of gonorrhoea were reported to Public Health England in 2017.

Secondary syphilis rash and inflammation on a back

SCIENCE PHOTO LIBRAR-The rise in syphilis is part of a 10-year trend

Image copyright

The rise in syphilis follows a 10-year trend, with three-quarters of new diagnoses in gay, bisexual and other men who have sex with men.

Health professionals have expressed concern at the rise of gonorrhoea and the threat of super-gonorrhoea, a rare but emerging strain that is resistant to routine drug treatment.

In March, the first case of super-gonorrhoea was detected in the UK, in a man who is thought to have caught the infection having sex abroad in South East Asia.

Two "similar" cases were subsequently discovered in Australia, suggesting that super-gonorrhoea may become more common in the future.

Debbie Laycock, from the Terrence Higgins Trust, said: "Our sexual health services are stretched too thinly and demand outweighs availability, with more cuts already planned.

"The significant rise in both syphilis and gonorrhoea shows why further cuts are completely unacceptable and would be extremely damaging, particularly given the emergence of a new extensively drug-resistant strain of gonorrhoea."

Meanwhile, a significant fall in rates of genital warts - a 90% decrease on 2009 - reflects the widespread take-up of the Human Papilloma Virus vaccine in girls aged 12-13.

Last December, Public Health England (PHE) launched a sexual health campaign aimed at promoting condom use among young people.

Dr Gwenda Hughes from PHE said: "Consistent and correct condom use with new and casual partners is the best defence against STIs, and if you are at risk, regular check-ups are essential to enable early diagnosis and treatment."

Monday, June 4, 2018

People urinate when frightened they say but I saw that with my own eyes at ‘SundayTimes’ office – Death threat to Iqbal Athas

By a former Intelligence officer of the forces

(Lanka e News -03.June.2018, 11.45PM) In order to pay the debts incurred owing to 1965 elections the name of late D.A. Rajapakse was sold. On another occasion , the ancestral abode- Medamulana house had to be leased out.

As Medamulana house could not be saved after the leasing out, the Rajapakse family was evicted by the Fiscal. It was a close pal of D.A. who came to the rescue of the destitute and desperate Rajapakse family at that time . He paid the arrears and got the house released for Rajapakses.

In November 1967 , D.A. breathed his last.

When he died nine children were left in the lurch within Medamulana house. With the sudden demise of D.A. ,Mahinda’s family faced acute financial hardships .Mahinda based on his GCE O/L results secured a job as an assist. Librarian at Vidyodaya library. His monthly salary was Rs. 201.00 and managed to get this job based on political connections.

When Late Mrs. Sirimavo arrived at Medamulana for D.A. ‘s three month dhana the future political destiny of Rajapakses was discussed. Following the dissolution of parliament in view of 1970 general elections , Sirimavo offered an opportunity to Mahinda to contest Beliatta electorate.

Mahinda obtained a disaster loan from Vidyodaya University to spend for elections. Mahinda’s loan amount was equal to his one year ’s total salary, and with that he went into action as Beliatte candidate . Mahinda who won was appointed as a member of parliament. All this information are contained in Mahinda’s “Kurahan satakaya “ story book.

Gota cringed and crawled …

Though Mahinda disdainfully calls Sirisena as a grama sevakaya , it is to be noted Mahinda began his career from a worse position than that . That is as an assist. Librarian.

Gotabaya joined the forces as a Cadet officer not based on his merits but because Medamulana clan was begging before the officers of Sirimavo. Gotabaya has barely passed the GCE O/L. His performance and poor marks he obtained during the Cadet course are testimony to his incapability.

After passing out he was assigned to the ‘Rajarata Rifle force’

Gotabaya who fled the country in fear of the war to America lived a most poverty stricken life . His favorite occupation was cringing and crawling before his benefactors. He bought a wine bottle priced at US $ 2.00 only once a month. During the 15 years he spent in the U.S. he never visited his motherland , let alone thought of it. If he ever took a phone call to Sri Lanka , that was once in a blue moon. All those drawbacks were because of his dire impecunious state .

It is thereafter he began gobbling in billions..

Prior to elder brother becoming the president and Gotabaya being appointed as defense secretary , decisions regarding purchase of weapons was made by the forces. Even the special unit that was launched for transactions pertaining to arms was within the forces.

Sri Lankans who had language literacy in Russian , Chinese. Latin, Israel languages were assigned as authorized officers to this special unit. Corruption if any , was not that much before Gota ‘s time.

The robbery was in hundreds of thousand rupees and confined to one section only. No sooner Gota came in , than he did away with the discretion of the officers in regard to weapon deals and dismantled the service of language translators . Gota who brought everything under his discretion and made decisions unilaterally began his favorite pastime - robbing in billions.

In 2006, he collected a sum equivalent to U$ $ 17.8 million (approximately) in installments from the general treasury to purchase 4 MiG jets and 3 planes . But to the Ukraine Co. which supplied them he paid only US dollars 7.2 Million.

While pretending it is a G to G transaction( between two states) Gota made payment to Belimissa Holdings in London ( another spurious Co. of Ukraine Co) after deceiving the cabinet and parliament . So far no one had been able to search and find that Co. Therefore Gota had planned it and gobbled nearly US dollars 10 million. These have all come to light by now with cogent and copious evidence. All what needs to be done now is hearing the case .

How Iqbal Athas was subjected to murder threats…

As a rule the only dream of the second in command of the forces is to somehow become the chief by hook or by crook. It was a common practice at that time to pass the files which can militate against the chief , by the second in command of the forces to Iqbal Athas who wrote the defense column in Times newspaper . The changes that were effected to positions in the forces was the outcome of Athas’ situation report from Colombo.

When Gota ‘s MiG Jet deal was put through , Harsha Abeywickrema was the second in command of the Air Force. He was a very close pal of Ranil. Hence it can be gauged how the original files of the MiG jet robbery went into the hands of Athas.

With the exposure of Gota’s MiG jet robbery by Athas , Gota was most panic stricken and guilt ridden. W.G. Gunaratne of Lankadeepa newspaper was the one who wrote Athas’ articles in Sinhala. Gota’s colossal theft and treason became the hot topic of discussion even in the rows of shops and boutiques in the villages .When Siripathy and Mangala also questioned this in parliament Gota’ s position became most precarious , and he was most ruffled. Weerawansa who is today washing the stinking ‘lankot’ after sniffing it of Gota was then with his JVP bosom pals. The only saviors for Gota were Henda ‘s National intelligence division and the white Van abductors.

By then 14 media personnel had been murdered.

Even by that time 14 media personnel including Tamilnet Sivaram , Sudar Oli Sugeetharajan , Sampath Lakmal of Sun dina had been murdered, and for several others the net has been thrown to trap them. Victor Ivan too was in the hit list. The contract to silence Athas was entrusted to the writer.

Accordingly the writer visited the Sunday Times office . On the day the writer went to meet Athas , Sarana Gunawardena a relative of Rajapakses and chairman of Lotteries Board has organized a demonstration in front of Athas’ residence against him. They were furiously berating him as a pro Tiger supporter .

The writer who visited Athas’ office first met W. G. Gunaratne , the writer in Sinhala of Athas’ articles. He was told to immediately stop the exposure of the MiG jet deal which was undermining the self confidence of the forces.

Gunaratne’s answer was , ‘I am just an employee in this newspaper office. Shouldn’t I do what the establishment says ?….’

As soon as he said that , the writer turned towards him and sound of a weapon ‘ cocking’ within the bag of the writer was heard. With that what followed was gloom and Gunaratne was profusely sweating. It is said an individual who is extremely frightened urinates . That was witnessed with the own eyes at Sunday Times office.

Gunaratne then promised none will write a word about the MiG jet deal. The writer after reminding him of the fate that befell Raviraj who did not heed such a warning issued to him , left the Sunday Times office.

Within a few hours , owing to this incident the Colombo High Commission office was in a mournful state .At the same time bitter criticisms were mounted against the government over the media suppression and oppression Mahinda who threw a party for Lakadeepa editor Siri Ranasinghe to curry favor ,slyly and silently got the CCTV recording deleted. The investigation into the murder threat also halted in the tracks. Since that day neither in the Sunday Times nor in the Lankadeepa , the MiG jet deal was reported- not a word was written . However , Lasantha began his writing from the point Athas stopped.

By a former Intelligence division officer

Keerthi Ratnayake

Next : The murder of Amith Muneendradasa Technological advisor for procurement of weapons for the three forces.

---------------------------
by (2018-06-03 22:14:49)

Gota A Devout Buddhist, Vegetarian, Feeds Flesh To Pet Sharks

By Suranimala Umagiliya –JUNE 4, 2018

The mainstream Sinhala media is awash with news of Gotabaya Rajapaksa being the front runner from the Lotus Bud party at the next Presidential election. That sums up the pathetic state of the media. The fourth estate must educate and guarantee the citizens right to information. Such information must be disseminated with great responsibility. Information presented with clarity will educate the masses in making judicious decisions concerning their future and that of the next generation.

Gotabaya for President? Sri Lankans must be out of their minds or plain looney to even give it a second thought. Here is a man who is suspected of grave crime dodging appearing in Court to clear himself. An educated public will insist that he goes through a legal process to confirm that he has clean hands prior to representing them and their next of kin. The media must stop the current nonsense and push Gotabaya to do so. Weren’t journalists assaulted, tortured, abducted and even murdered during his tenure as the Secretary to the Ministry of Defence?

The Viyathmaga movement apart, Gotabaya has shown how shallow his thought process is. His new found foray into macro economics, delivered in measured tone
is fake at best. Consider how fake he is. He is a vegetarian. A self confessed devout Buddhist. A Nationalist who assumes that Sri Lanka is predominantly for the Sinhala/ Buddhist.Well and good. But his pets are flesh eating sharks !! Huh? That reflects his true persona. Fake.

Gotabaya as complainant against The Sunday Leader defended the purchase of MiG fighter jets as a Government to Government deal. He gave such evidence under oath. It is now found to be false. He distanced himself from the activities of the Army Intelligence who abducted,assaulted, tortured and even murdered journalists. His style of leadership is to claim credit for affirmative action but blame his subordinates for failure. Qualities of a poor leader.

Seventy years after gaining independence from the British, us Sinhalese (by virtue of being the majority race) have controlled successive governments. Some may argue that the nation has progressed considerably.Is that enough or is it the best we can do? Mirror that with the rest of the world and the answer is clear. Corruption has become endemic. Gotabaya has also been suspected of corruption, fraud and even murder.

A self confessed vegetarian who feeds flesh to his pets is as fake as one can get. Can Sri Lanka entrust the whole country to such person even as an experiment? The Rajapaksa family miscalculated and lost the last Presidential election. If any of them succeed the next time around they will make certain to stay on forever.If not for any other reason, that is good enough to thwart them.

Sri Lanka: Do we need Police who instigate Violence in Jaffna?

This really is the problem. The government is clumsy. It tries to give us water and then spoils it all by sending decent Sinhalese workers who cannot communicate with us.

by S. Ratnajeevan H. Hoole-Jun 4, 2018

( June 4, 2018, Jaffna, Sri Lanka Guardian) I am at home quite flustered. About 45 minutes ago, there was a huge bang on our metallic fence and the sound of a disturbance. I went out to see what was going on.

Pipes are being laid down our road, Chemmany Road. There are mixed feelings in the community as the pipes need to go through our compounds. Engineer Barathithasan of the Water Board spoke to me and I persuaded some doubtful neighbours that it was for the good of us all. Apparently, because MP Sritharan of Kilinochchi does not want water there to be diverted to Jaffna, we will get expensive desalinated water from Thavadi. We were assured that the ADB would bear the cost for 7 years and even after that we would be charged the same per unit rate as everyone else in Sri Lanka. We agreed to the pipe-laying through our yards.

The work was begun. The pipelines came closer and tonight it was to pass through our compound. Then the bang.

Two JCB machines capable of a multiplicity of tasks like digging and carrying were at work. The entire crew was Sinhalese speaking and though courteous, could not communicate with us over things like whether we needed to take our van out as they planned to dig in front of our gate tonight.

It was a recipe for disaster. A tractor passing by was blocked by the JCB as it backed out to unload something. In the mind of the young men on the tractor, the JCB took too long to clear their way and it was Sinhalese thuggery. They returned within 5 minutes with a gang of ten or more men armed with poles – probably the people seen drinking at Kittu Park beginning early evening every day from the Jamunari area. Two female witnesses say they saw swords being carried by the men at the back.

A fight ensued. The tractor number plate was wrapped in cloth. They were totally drunk or under the influence of some drug. All were under 30, perhaps well under thirty. They smashed up the glass panes of both JCBs. The other was reversing on Chemmany Road towards Chemmany trying to hit the gang with the digging part that was swinging up and down as the machine reversed. The Sinhalese crew was sheltering behind this JCB as rocks were thrown at it and blows dealt to it with poles.

Our Vicar, The Rev. Fr. Steven Jebachelvan and Wardens were at a meeting. They came out. Father had already called the police. Suhanthan a former warden had his phone in his hand. I also had come out with mine. Thy swung a thick poleat Father, missed and then whacked Suhanthan on his arm. My wife was in a panic and pulled at me to get back inside, thereby spoiling my photos.

The rowdies went away and I too called the police. Line 119 was busy. On previous occasions, I had called them over regular accidents at our bend without result. I called again. The man was not sure if I was in the Jaffna Police area. He had not heard of Chemmany Road. I have previously complained about this to the SSP. As I told the SSP, there was a seemingly dead or drunk man on the middle of Kachcheri Nallur Road late at night one day. I kept calling 119 for a good ten minutes without being answered. I drove away fearing it might be a trick to rob me. . Nothing had changed. When I finally got through, I emphasized the importance of their coming quickly. They hung up on me.

Project Site Safety Officer Warakaula came by on his motorbike and called the police. He spoke in Sinhalese and got a good reception. It was a shock to hear the policeman at the other end telling him that they should have smashed them up since Warakaula had enough men. Warakaula, a decent chap, replied that it would create a communal issue but the policeman kept advising him on the wisdom of smashing up those who dared attack them. Father Jebachelvam also overheard this conversation with great clarity, his Sinhalese being good.

This really is the problem. The government is clumsy. It tries to give us water and then spoils it all by sending decent Sinhalese workers who cannot communicate with us. It passes rules on Tamil as the official language here, but the police cannot communicate with those whom they are here to protect. It makes an alliance with the TNA and then humiliates Mr. Sampanthan when it fails to deliver the promises made to him. I fear that just as Mr. A. Amirthalingam took risks based on promises by J.R. Jayawardene who cheated him and thereby undid Mr. Amirthalingam’s standing among Tamils who failed to understand, Mr. Sampanthan too is facing the same serious risk of being taken for a ride for nothing and losing his standing.

I hunted out a Tamil policeman and told him what I overheard. He was embarrassed and wanted to hear no more. “Go to the police station and make a complaint,” he said. “But I have already told you,” I told him. I suspect that if he had communicated that which I had asked him to report about Warakaula’s conversation, he would have been in trouble. “I am from another station,” he told me rather weakly and moved away.

Suhanthan and a Water Board worker were taken to hospital. Suhanthan has been discharged but the worker is warded.

Now, 8:30 pm, the intelligence services are here. They have spoken to Fr. Jebachelvan. He is highly worried. Will the police trouble the entire neighbourhood tomorrow? Will the gang come back to attack us for speaking to the police? “Stay indoors,” he advised me.

People like Father Jebachelvan, my wife and our domestic aid are in a panic. Do we need this kind of police? I suggest that the government make the police all Tamil in the North-East, armed with nothing more than batons. The excuse that Tamils do not apply to join the police is just that, an excuse. When Tamil recruitment is mainly of constables, such recruits will be like the constable who was embarrassed to hear my complaint about what the 119 operator advised Mr. Warakaula – a mere showcase puppet.

Recruit Tamils to the upper echelons of the police. If you think they will work for separation – a canard on Tamils – use the Army to keep us in check, but confine the army to barracks with minimum presence outside – occupying no more land than is needed.

In the meantime, I need to face tomorrow with the land in front of our gates being burrowed for the pipes instead of having finished the job tonight as planned.

TNA deserves a positive response

by N Sathiya Moorthy-June 4, 2018, 10:32 pm

In a recent interview to a Tamil newspaper, M A Sumanthiran, TNA parliamentarian and international spokesman, has made an offer that sections of the Sinhala polity truly desirous of a political solution to the ‘ethnic issue’ cannot resist. Unless the idea of a new Constitution is to use the omnibus content to deny the Tamils their due post-war, the ruling UNP-SLFP duo should take the TNA ‘offer’ seriously and act accordingly.

Going by the interview, Sumanthiran’s exposition is very much a part of the continuing proceedings of the Constituent Assembly. Though not being made for the first time, there has not been any favourable, or not-so-favourable reaction from any section of the majority/majoritarian Sinhala polity, to the TNA proposal when first made, with the result, there can always be apprehensions that it could well go the ‘CBK Package’ way, in the weeks ahead.

While insisting on more powers for a re-merged North-East with a Tamil majority, the TNA proposal acknowledges the need for a constitutional provision whereby the President could dismiss an elected provincial government, on the advice of a Prime Minister-led Cabinet of the Union of India. Sumanthiran has cited the neighbourhood constitutional experience, where Article 356 of the Indian Constitution empowers the President accordingly.

The Indian proposition was originally thought to involve ‘mandatory’ recommendation by the Governor of a ‘State’ (or, ‘Province’ in the Sri Lankan context) for the President, advised by the ‘Council of Ministers with the Prime Minister as the head’, to dismiss an elected State Government, and/or dissolve the State Legislature, akin to a Provincial Council in Sri Lanka. In a unique case, involving the south Indian State of Tamil Nadu, the Government of then Prime Minister Chandra Shekhar, invoked the ‘otherwise’ clause under Article 356, when Governor Surjit Singh Barnala declined to make the required recommendation, to dismiss the DMK administration of Chief Minister M Karunanidhi (end-January 1991).

Such a provision in the new Sri Lankan Constitution should go a long way in assuaging the real and at times legitimate concerns of the Sri Lankan State and Sinhala (and possibly even sections of the Muslim polity and society) that may be afraid of the Tamils deploying the newly-guaranteed powers to declare a ‘separate State’, or achieve it in effect. It is another matter that the LTTE, when there was a weak Government in the post-Premadasa period of President D B Wijetunga (1993-94), literally ran a ‘separate state’ in the North-East, with police stations and courts, post offices and even ‘separate currency’.

‘Bommai case’ verdict

As Sumanthiran has also pointed out in the interview, the Tamils get their reassurance not from the kind of a new constitutional provision in Sri Lanka, which could flow from the famous ‘S R Bommai case’, decided by the Indian Supreme Court, way back in 1994. ‘Way back’ it really is, because till date, no Government, political party heading the Union Government and/or influential in any or many of the Indian States has either sought a constitutional amendment to confer statutory authority to the ‘Bommai case’ verdict, or one to reject the same.

The ‘Bommai case’ verdict is now the relevant law in India, where even during the recent, post-poll Karnataka political crisis, political analysts and constitutional experts were freely referring to the letter and spirit of the law, as laid down therein under. The verdict provides for the Supreme Court of India to suo motu hear, any such dismissal of an elected State Government and/or dissolution of a State Assembly in India, and the verdict will be binding on the high office of the President of India, who had made the ‘dismissal determination’ in the first place.

Even more interesting in the Indian context, there have been enough occasions in the 25 years since the ‘Bommai case’ verdict where the Supreme Court reversed the presidential ordinance on merit, and the Union of India, without covering up its constitutional lapses or perfidy, as may have been interpreted by Opposition politicians especially, restored the ‘sacked government’ and dissolved State Assembly, without second thoughts.

The ‘Bommai case’ verdict had provided for such a course. That is, pending the suo motu Supreme Court hearing, the presidential ordinance dismissing a State Government and/or dissolving the State Assembly concerned would in effect imply only the ‘suspension’ of the two constitutional institutions at the State-level. Interestingly, in every case where a State Governor had ‘recommended’ such a course to the President and the Union Government, he or she has had not any difficulty, once the Apex Court had declared their decision unconstitutional.

Ball in ‘Sinhala court’

Even in the earlier rounds of the new Constitution-related confabulations, the TNA readily gave up perceived demands for a ‘federal structure’ in name and deed, sticking instead to specific provisions that would confer greater powers for the Provinces, and not just for a re-merged North-East. In doing so, the TNA took a lot of flak from sections of the Tamil polity and society, including some of the constituent elements, including the EPRLF, which found in it one more reason for quitting the Alliance.

If the TNA’s proposal and the pressures it faced in the months running up to the February local government polls across the country, did not make news in the rest of the nation, it owed also to the lesser acceptance levels of the Tamil rivals of the Alliance, nearer home and afar, by the larger Tamil electoral community in the country. But anything below par when the final draft of the new Constitution goes up on the anvil, would not only weaken the moderate TNA within the Tamil community, but it will weaken the case even more for a moderate approach to a political solution to the ethnic issue, even more.

There is no denying that the TNA wasted the past three-plus years of the incumbent Government without taking their specific case and specific provisions of specific aspects of their proposals to the larger Sinhala polity – and at times to the Sinhala society, over the head of the Sinhala leaders and parties that they believe in. As was evident from the start, the Sirisena-Ranil duo at the helm is over-burdened with the complications flowing from the self-importance of the two leaders and the political parties they led.

The worse aspect of the TNA silence is that they have not prepared either the Muslim polity or the Sinhala society in the East, for a possible merger, once again leaving it to God and Fate to do the job for them. In this background, a remerged North-East is one sticking point where the TNA’s meaningful proposals otherwise may flounder at the altar of the Constitution Assembly, even if it crossed the threshold of the Steering Committee.

Baby with bathwater

The TNA may have to have a Plan-B, on their current proposals (which may have to do without re-merger, at least for now), and go onto specifics of ‘power-devolution’ that they otherwise want for their people – some meaningful than demonstrative, some others more demonstrative than meaningful. But the real problem will be for – and with – the duo, who needs to parcel the proposals in such a way that they do not end up throwing the baby with the bath-water in the end.

The last time it came as much – and much more – was when the CBK Package offered substantial powers to the Tamils, possibly even more than what may now come out of the Steering Committee. The UNP, then in the Opposition, scuttled the entire process and in an unprecedented episode burnt the draft inside the House, when presented to Parliament. Thankfully, no one has repeated the UNP’s unique feat, since.

Despite the demonstrative way that the UNP scuttled the package, the question should still be asked at this distance in time why President Chandrika Bandaranaike-Kumaratunga (CBK, for short) had to add a clause granting an extension of tenure for the self, in the very same constitutional draft. As the UNP has not been tired of justifying its action since, they were ‘opposing only the extension-clause’ and not those that conferred more powers for the Tamils.

This aspect become relevant even today, as the new Constitution is not only about conferring more powers on the Tamils, but equally so on the abolition of the Executive Presidency and conferment of more powers on the Prime Minister and his Council of Ministers. Expanded and extended, it may also mean to include the demand for the conversion of the ‘Unitary State’ structure, to a ‘federal scheme’, as much in name as in deed.

Better offer

Sumanthiran has said that the TNA (too) is opposed to the continuance of the Executive Presidency, but then that should not be the prime theme of the TNA. But the Sinhala polity is divided as much as on this issue as on conferring more powers on the Tamils, whatever be the form, whatever the content. The SLFP, under President Maithiripala Sirisena, who had included the ‘abolition of Executive Presidency’ in his poll manifesto, has rescinded the same once in power.

The TNA having gone on a self-destruct mode when post-war President Mahinda Rajapaksa offered almost all of these powers, possibly barring ‘re-merger’, has now begun it all from square one. It is most unlikely that re-merger would not take place now, or in the foreseeable future.

What was possible instead was the CBK kind of offer of ‘contiguous merger’, but that could have been possible, if at all, when this Government was still fresh and new, to all those voters who wanted leadership-change and peace at the same time. Thought that time might have passed, even in pure political and electoral terms, the TNA will need visible and specific powers that the Tamil people are able to touch and feel in their time, if the duo, or only one of them, want whatever votes that the TNA can muster for them in a future presidential poll.

The TNA could indulge in the luxury of denying better constitutional proposals on offer at one time, as their people were anyway unrelenting against the Rajapaksas – but are now getting alienated from their leadership, too. But then the fallout of such a denial from the Sinhala and the Sri Lankan State side just now could be when the nation may be slipping back to an era of post-Independence ethnic situation, though not necessarily to pre-victory war and violence.

(The writer is Director, Chennai Chapter of the Observer Research Foundation, the multi-disciplinary Indian public-policy think-tank, headquartered in New Delhi. email: sathiyam54@gmail.com)

AG says all SC judges have determined on basis to proceed

Lakmal Sooriyagoda-Tuesday, June 5, 2018

All judges of the Supreme Court have determined that there is a basis to proceed with contempt of court charges against Deputy Minister Ranjan Ramanayake for allegedly casting insulting remarks on the reputation of the judiciary and lawyers, the Attorney General informed Supreme Court yesterday.

Additional Solicitor General Priyantha Nawana PC appearing for the Attorney General informed the Supreme Court that the judges of the Supreme Court have determined to proceed with contempt of court charges against the Deputy Minister after perusing the transcript of the video footage pertaining to the alleged derogatory statement.

The Supreme Court two-judge-Bench comprising Justice Eva Wanasundara and Justice L.T.B. Dehideniya yesterday referred the matter to be heard on June 18 before the Chief Justice in order to take further action.

Meanwhile, President’s Counsel M.A. Sumanthiran appearing for Deputy Minister Ramanayake informed Court that his client was filing written submissions explaining as to why court should not take action against him regarding two contempt of Court actions.

Ven.Magalkande Sudantha Thera of the Bodu Bala Sena Organization and R.Sunil Perera, a retired Air Force Officer had made complaints to the Supreme Court seeking a contempt of court action against Deputy Minister Ranjan Ramanayake for allegedly making insulting remarks on the reputation of the judiciary and lawyers, at a press conference held on August 21.

Counsel Rasika Dissanayake with Sandun Senadhipathi under the instructions of Sanath Wijewardena appeared for the complainants. President’s Counsel M.A. Sumanthiran appeared for the respondent. Additional Solicitor General Priyantha Nawana appeared for the Attorney General.

Perpetual pursuit of power

Monday, 4 June 2018

First things first: if the story is true, and 118 Parliamentarians have received Perpetual boodle, the bond entrepreneur should not be in prison. With that much clear command in the House, he should be in Temple Trees.

President Maithripala Sirisena is unlikely to command a chapter or earn a paragraph in our post-colonial history. He will, of course, be a footnote in the convoluted chapter on our struggle to return to a Parliamentary democracy, if or when we succeed in ditching the travesty of the Executive Presidency.

The man was doomed from the start. His character and character flaws are straight from the Russian classics. Fyodor Dostoevsky has described his kind: “But man is a fickle and disreputable creature and perhaps, like a chess-player, is interested in the process of attaining his goal rather than the goal itself.”

His presidency of the last three years is a bad Russian novel. Today, he is the character out of Pushkin: “It’s a lucky man, a very lucky man, who is committed to what he believes, who has stifled intellectual detachment and can relax in the luxury of his emotions - like a tipsy traveller resting for the night at a wayside inn.”

The President’s reference to burglarising of the ‘Big Bank – Maha Bankuwa’ did not create any waves. Instead, his remark about helicopters was noted, picked up, and soon snowballed in to an unusual uproar and an exceptional extravaganza of political rhetoric. That says a lot about our mass media, social media, and our opinion makers.

The President’s remarks did have an impact on two professional journalist friends of this writer. One said that the President was unhinged. The other described it as an outburst. This writer does not intend to quarrel with either of them. They are what constitutes the urban liberal middle class of our land.

Having listened to the 42-minute speech in full, the considered opinion of this writer is that President Sirisena has now reached the identical point that Alice reached in her wanderings in Wonderland, when she met the Cheshire Cat.

The Cat asks Alice: “Where are you going?”

Alice responds: “Which way should I go?”

The Cat says: “That depends on where you are going.”

Alice says: “I don’t know.”

Then The Cat tells Alice: “Then it doesn’t matter which way you go.”

Our Prime Minister knows his fairy tales. He excels in spinning them well. The Prime Minister has decided to remain on high ground. He has parried the issue, not very deftly, but with some degree of resolve: “It was essential to focus on country’s development at this moment instead of talking about other issues.”

He has also directed the State Film Corporation to ensure that cinema hall owners provide 3D spectacles to cinema goers. That is how it should be. Prime Minister Ranil Wickremesinghe excels in the art of political bioscope. Now he has decided to go three-dimensional.

Our politicians, from both sides of the barricade, are in a silent conspiracy to maintain their hold on the minds of the populace.

There was an encounter at Temple Trees in the early hours of 9th January 2015. It was between then-President Mahinda Rajapakse, who was losing his bid for a third term, and then-Leader of the Opposition Ranil Wickeremesinghe, hopelessly hoping to access state power as soon as it was possible.

The outgoing President and the incoming Prime Minister shared a broad ‘world view’. Maduluwawe Sobitha Thero was a ‘nuisance’ but something they both could handle. Sobitha Thero’s Common Candidate was only a small part of that ‘nuisance’ equation. It required reciprocal management. The last three years is proof of their foresight and sagacious strategy formulation.

Both knew in those early hours of 9th January 2015 that despite the hype that would follow, it was not a new dawn but very ordinary dawn. They both relied on the apathy of the people and their demonstrated perception of helplessness in confronting power.

One relied on the people’s penchant for ancestral worship and the ‘Kurahan’ collared shawl. The other relied on his ancestral privilege and the loyalty of the UNP working committee. The two seasoned players knew quite well that it was only a matter of time. The minds of the populace will quietly and comfortably slip back in to the familiar sense of reasoned indifference.

They knew that ‘We the People’ would soon get over the ‘Sobhitha syndrome’ and settle down to conduct business as usual. “That’s the way things happen, and we can do nothing about it.”

Ranil Wickremesinghe did not vote against the 18th Amendment that removed Presidential Term limits. He walked out. Mahinda Rajapakse did not sign the No-Confidence Motion against Ranil Wickremesinghe. He has observed a conspicuous neutrality on the Bond business. His expressed views on the issue of Bonds have remained strictly for purposes of optics.

Mahinda is not an autocrat per se. He only made concessions to his brother Gotabhaya’s megalomania. As time elapsed, he found that autocracy was more convenient than exercising his charming charisma.

Ranil Wickremesinghe is different from Mahinda Rajapakse. Quintessentially, he is the ‘inverted autocrat’. He is a true believer in the power of concentrated wealth. He cannot help it. He was born to that role. No sooner he assumed office, real power moved in to the hands of an amorphous organism that he created. It is a shapeless, formless mechanism consisting of self-pronounced experts on economics, job generation and you name it, they know it!

This writer has known one of them – the octogenarian of the team – at close quarters. His theory is simple. Kick the can down the road long enough for people to get used to the noise. The problem is solved. Others take over and the can gets kicked further and further down the road. Nobody notices. Sometimes, somebody will even complain that they no longer hear the noise of the tossed can! Now that is real development economics for you.

Much has been made out of the so-called Bond scam. There is no scam if the scam was not probed. The ‘Gamarala’ did the unthinkable by appointing a commission. But then some common sense prevailed in the ranks of the privileged class. The Prime Minister first submitted an affidavit. He later clarified the clarifications in his affidavit.

Martin Wolf, Deputy Editor and Chief Economic Commentator of the Financial Times, wrote thus in 2014, hardly a year before our problem: “A system that is based … on the ability of profit-making institutions to create money as a by-product of often grotesquely irresponsible lending is irretrievably unstable … ordinary tax payers are being forced to suffer in order to save a banking system that has brought them only excess and ruin. This is intolerable: indeed, a form of debt slavery …”

Ranil knew the system of debt slavery. Ranil knew who should replace Nivard Cabraal. We should not blame the Prime Minister. His expertise is on the working of the system. How was he to know what the submissive, unassuming ‘Gamarala’ president would do? Who expected a commission of inquiry?

The phenomenon and the predicament of the Common Candidate must be examined in this context.

Sobitha Thero’s believability was the pivot of the common candidacy. It succeeded briefly in overpowering the apathy of the people. Sobitha Thero did not advise anyone to burglarise banks. Neither did he advise the Common Candidate President to make his brother the boss of Sri Lanka Telecom. Sobitha Thero would not have approved of A S P Liyanage representing us even in Burkina Faso - wherever that land may be - let alone in the rich emirate of Qatar. Sobitha Thero did not advise the Common Candidate to compete with Mahinda Rajapakse for the Sinhala Buddhist tribal totem.

People who claim to stand for something must stay standing. When they only brag about what they stand for, they are squatting on what they should be advocating. We are irritated by rascals. We are intolerant of fools. We are prepared to love the rest. Where do we find them? Where are the people who deserve our love?