'Our men are leaving us': the Rohingya women facing life alone

Having fled persecution in Myanmar, a growing number of women are at risk of harassment and attack in Bangladesh after being deserted by their husbands

Sara Khatun, 45, at the Balukhali camp: ‘If I was unmarried, I would never get married.’ Photograph: Aungmakhai Chak/DEC

Helen Nianias in Cox's Bazar-Thu 28 Jun 2018 

Sara Khatun is deeply cynical about marriage. One of many Rohingya women trying to cope alone in the refugee camps of Bangladesh, she was left by her husband and has five children to look after.
Sitting in the bamboo porch of a meeting place, out of the monsoon rains, she relates the serious problems that men cause in the Cox’s Bazar camps. “If I was unmarried I would never get married,” she says.

On top of the trauma caused by gang rapes in Myanmar, and pressure for girls to get married at a young age, a new issue is emerging for women in the camps: abandonment. Those working there report a rising number of husbands simply leaving – either to slip off into the black economy of Bangladesh beyond the Rohingya settlements, or with other women.

The ramshackle and chaotic camps are already beset by violence. Men routinely beat their wives and girls are now forbidden to leave their sweltering huts unless in full burqa, in the hope that it will make them less likely targets for rape.

The problems associated with abandonment are so common, with such grave ramifications, that it is classified as gender-based violence.

Women who do not have husbands are at greater risk of harassment and attack, and have to undertake – single-handedly – a huge number of arduous tasks to help their often large families survive. These include cooking, collecting water, monsoon-proofing their huts, fixing roofs, breastfeeding, chopping and carrying firewood, and collecting rations.

Fatema Akter, a doctor at the women’s centre in Balukhali camp, Bangladesh. Photograph: Aungmakhai Chak/DEC

Since most marriages that end with men abandoning their wives are undocumented, no statistics are available. Girls are expected to marry early – sometimes as young as 12 – after which they leave the family home. And if their husband leaves them, it’s even harder for them to look after themselves and their children. Some aid workers say they have heard of cases where one man has married as many as six women in the camp.

At another women’s centre, a ledger records why women are seeing counsellors. The acronym “GBV” – gender-based violence – crops up frequently.

“Polygamy counts as GBV,” a worker explains. “Lots of men are leaving their wives for other women in the camp. In Myanmar, they would have been punished by law – perhaps they would be given a fine.”

There is no punishment here, however, and Taslia Akter, a counsellor from one of the women-friendly spaces run by Care International, says the problem is growing. “A good number of women visiting the women-friendly space have shared that the instances of men abandoning their wives and children for a second marriage have gone up,” she says.

“Unlike in the camps, back in Myanmar one had to go through strict legal procedures prior to getting married, such as submitting forms at the marriage registration office for approval. The situation is slightly different here.”

A Rohingya mother tries to protect herself and her child from the sun with an umbrella in Bulukhali camp. Photograph: Aungmakhai Chak/DEC

Women who have been abandoned often blame their own “bad luck”, and some become depressed.
*Rohima, 20, is adjusting to life since her husband absconded. “We got married in the camp but my husband went off with another woman,” she says.

Sitting on the floor of her friend’s hut amid a group of women, she lifts her hand to her swollen stomach. “She will give birth in two weeks,” says her friend, Mariam.

“I can’t do anything,” Rohima says. “A few weeks ago, I managed to borrow a telephone and called him. He said: ‘Who are you? I don’t know you’ – and hung up the phone.”

Her husband is one of the small number of refugees who have managed to escape the camp and find work outside. He now lives in Chittagong, about 85 miles away, with his new wife.

Participants of a Rohingya women-friendly group in Potibunia camp. Photograph: Aungmakhai Chak/DEC

Mariam explains that none of the group of five women have husbands, and that they all support each other. Most of the men were killed in Myanmar, apart from Rohima’s husband.“We have a good bond – these friends are more than my sisters.

“We are from different villages, but we are neighbours here. We are worried about the monsoon rains, it’s very difficult to live in this weather. We do not have enough wood even to cook food. We are all helpless, but we will try to help by talking and sharing our stories with each other.”

Khatun, 45, is part of a community group, coordinated by the organisation ActionAid, that visits troubled households in the camps. “Yesterday I saw a woman who had been beaten so badly by her husband that her eye was swollen. I told her: ‘If you are not in control of this problem you can come to the women-friendly space.’ She replied: ‘I’m not able to go outside because he will beat me more.’”

“She also said: ‘My husband wants to get married to another woman, and when I told him not to, he beat me.’

“Sometimes I feel surprised by how common it is, but I have to work to help manage it. Some people listen to me very well, but some are very dangerous.”

Back on the baking hot bamboo porch, Khatun says: “Sometimes when I see women whose husbands are about to leave them, I say: ‘If he is able to get married to another woman, you can live happily.’
“I feel sad, but I don’t want other people to feel sad. I want peace for women.”
*Name changed to protect identity

Is Fortnite an addictive video game?

Krishnan Guru-Murthy-26 Jun 2018Presenter


Louise Theodosiou, from the Royal College of Psychiatrists, and video games expert and enthusiast Alysia Judge discuss Fortnite.

Fortnite: the video game taking the world by storm

Krishnan Guru-Murthy-26 Jun 2018

Presenter

It’s got kids obsessed, parents tearing their hair out and some schools calling for it to be banned.

Fortnite is the video game of the year. It’s an astonishing success, but sparking lots of debate about gaming addiction, as the NHS opens its first clinic specialising in the condition.

As a parent myself, I know all about the perils of trying to tell children to turn it off and go and do something outside.

I just don’t understand, I’m regularly told. So I got my own son into the studio with his friends to learn about the attractions and perils of Fortnite.

Embattled and demented president stifles even media of friends :sends CID to Thilanga’s and UNP managed newspapers !

(Lank e News – 24.June.2018, 11.00PM) While the UNP which is the main constituent party is asleep at the wheel , President Pallewatte Gamarala on the other hand who  started a vicious campaign against media freedom by unlawfully blocking   the media  which criticize him as well as proscribing and sealing such Institutions , has now extended that media suppression against his friends too, based on reports .Gamarala has now extended his media suppression to his bosom pal Thilanga Sumathipala’s  daily newspaper ‘ Lakbima’ , as well as to Dinamina the government newspaper under the UNP administration .

Dinamina and Lakbima on 2018-05-25 published reports regarding the celebration of heroes in May in the North and South. On the instructions of Gamarala an investigation was commenced by the CID into the news reports published. The news reports revealed the  president and prime minister have at the security council meeting given instructions   to be vigilant against activities in the North or South of an armed insurgency  aimed at  dividing  the country.

The president has taken offence because a security council matter was reported. .

According to CID sources , as this was something published in relation to a matter discussed at the security council , it is being investigated  . Yet in the letters sent by the CID to the two newspapers such a thing is  not mentioned. In the letters under the signature of A.H.Nuwan Asanka S.P  of the CID  to the newspapers a number of  bizarre questions have been asked.

Those questions are ..Who wrote the report? What are their addresses ? Who authorized them to publish ? ( the letter is hereunder)

These  reports have  revealed  a state secret nor are they   detrimental to the country , and the names of the reporters in both Dinamina and Lakbima had been  revealed along with the reports. In the circumstances searching for the private addresses of the journalists is unwarranted  and unnecessary. It is anybody’s knowledge that when a report is being published it is done with the approval of the news editor and chief editor ,and probing into who provided the information is  irrelevant. 

What is being searched without saying directly is , who is the participant in the security council who passed the information to  the media. No journalist or editor is bound to reveal the source of information.

A landmark  judgment was delivered by chief magistrate Nishantha Hapuarachi on 2009-12- 11 during the Rajapakse era in this connection in respect of  Lanka e News editor

In that case  , the same CID aforementioned filed charges against the editor on the grounds that the latter did not reveal the source of information .The judge who heard the petition said , if such information is to be  disclosed , it will not be possible to carry  on the profession of journalism , therefore he confirmed there is a right to refrain from revealing such information.

In the case the gazette notification No. 162 /SH dated 1981-10-14 which related to the laws was referred to.

 (The crucial court decision which is not unlawful to be had in the custody of every editor was destroyed when the Lanka e News portal was set on fire. If any media personnel wants a copy thereof he/she may contact Manjula Pathiraja and obtain it without any fuss)

In any event , Gamarala’s attempt to obtain the addresses of the journalists is itself  a clear threat to their security .Within the government itself  there had been discussions, why the good governance president who came making loud announcements and promises that he would safeguard media freedom and ensure the security of the journalists , is questioning the media personnel who have not committed any offences.

‘Nanna Paul’ Gamarala leaving no stone unturned for another media suppression

Meanwhile cabinet spokesman Rajitha Senaratne made an announcement on the 20 th.

He said , there is information that there are 80 social media which are causing embarrassment to the government and spreading mendacious reports . Among them 40 are fomenting racial hatred while the other 40 are hostile to the government . It has come to light it is a new party that is behind these , and investigations have begun in that connection , he added.

Lanka e News reported on 16 th June  under the  headline ‘Lanka‘s media freedom fiend struggling to ban internet media ; orders intelligence division to give list of those criticizing him !!’

While the government taking stern decisions against spreading of falsehoods and racism  is no issue , the grounds cited that ‘government is being harassed ‘ and ‘anti government’ are utterly bogus. This statement chanted by an authoritarian certainly is not in consonance with Rajith Senaratne . Besides a party operating a social media  is not unlawful. If the president can grant rights to a ‘pet lackey’ of Kili Maharaja to run a plethora of social media , the new party too should have that right. 

President Pallewatte Gamarala who is now precariously clinging on to a 4 % popularity base is now determined to stifle and suppress the media which are justifiably castigating him , as a last straw nursing the hope to field as a presidential candidate at the next elections. 

It is a universally accepted fact, for any foolish ruler when he is in his death throe to seek temporary relief by suppressing  the media .If Gamarala is choosing only that avenue and no other, let us forewarn , at least the social media of Libya allowed Gadaffi to hide in the culvert finally , but in the case of Gamarala , the social media of SL will not spare even  a culvert for him to hide.

(The relevant media reports and the letters sent by the CID to Lakbima and Dinamina are in the photographs herein).

---------------------------
by     (2018-06-24 17:43:52)

Sifting Wheat from Chaff

JUN 28 2018

IMF’s Sri Lanka Mission Head Manuela Goretti speaking to journalists in Colombo via a video conferencing facility from Washington, DC last Wednesday said that a flexible exchange rate (ER) is the first line of defence against inflation.

She also said the country’s foreign reserves were fragile, while expecting an automatic pricing formula (APF) for electricity.

However, Central Bank of Sri Lanka’s (CBSL’s) ER policy pursued immediately after that briefing has been contrary to Goretti’s advice.

CBSL, in order to shore up the rupee amidst depreciative pressure, since last Wednesday, has pumped US dollars from the country’s foreign reserves to the market.
As a result, the benchmark ‘spot’ has strengthened by between Rs 1.55 and 1.45 (0.97-0.91 per cent) in four market days, to have closed at Rs 158.40/60 to the dollar in two way quotes by Tuesday.
Yesterday was a holiday to the market on account of Poson Poya. ‘Spot’ trades are settled after two market days from the date of transaction.

A weak rupee causes inflationary pressure as Sri Lanka is an import dependent economy. CBSL’s writ is to ensure price and financial system stability. By ensuring a stable ER, CBSL aids price stability.

According to latest data, the country’s foreign reserves, year-on-year (YoY) as at the end of last month grew by 30 per cent (US$ 2,023.51 million) to $ 8,769.01 million, giving CBSL adequate room to defend the rupee.

Depreciative pressure on the rupee is caused by exporters holding on to their dollars on expectations that there is room for it to weaken ‘further’ due to the political uncertainty created after former President Mahinda  Rajapaksa’s fledgling Sri Lanka Podujana Peramuna’s surprise landslide win at the 10 February Local Government polls.

Nonetheless, CBSL’s ER policy stance is a battle of wits between it and exporters.  Exporters need rupees to meet their domestic commitments. In the absence of them converting their dollars to rupees to meet such commitments, they would have to resort to bank borrowings.

Another weapon that CBSL has to ‘induce’ exporter conversions is to raise rates. CBSL’s next rates decision is on 6 July. However, Goretti advised against raising rates as it may harm growth.

First quarter (1Q) growth, YoY decelerated from 3.8 to 3.2 per cent, while Q on Q it has stagnated at 3.2 per cent. Therefore, it’s unlikely that CBSL will raise rates, instead, opting to continue to defend the ER from its reserves, hoping that this will wear down exporters.

Last month, the Government backed down from an administered price regime for fuel, to an APF, centring round variables such as the ‘spot’ value and the world market price of crude.

IMF wants a similar mechanism adopted for electricity which prices too is currently administered.

However, hydroelectricity, the cheapest source of electricity, stayed in the positive growth terrain on a YoY basis for the eighth consecutive month to March, according to latest data.

As at last year, hydroelectricity unit cost to the CEB was Rs 2.77, whereas currently the electricity unit price charged to the consumer is seven times more at Rs 20.06.

In the1Q of the year, hydroelectric power generation grew by 87.6 per cent YoY to 650 gWh comprising 16.93 per cent of total electricity generated in the review period. The biggest generator was coal, comprising 39.81 per cent or 1,528 gWh, out of total electricity generated of 3,838 gWh, a 9.6 per cent YoY growth. As at last year, the cost of a ‘coal electricity’ unit was more than four times hydroelectricity, at Rs 9.74 a unit.

Nevertheless, considering that coal and hydroelectricity comprise more than 50 per cent of Sri Lanka’s total electricity requirements and also the fact that the ‘spot’ YoY has fallen by between Rs 5.07 and 5.20 (3.31-3.39 per cent), while Ceylon Petroleum Corporation’s crude oil import prices having had increased by $ 29.02 (56.17 per cent) to

$ 80.68 a barrel as at last month according to available data, it may be prudent for the Government to defer implementing an APF for electricity at this juncture, considering the fact its implementation would result in the price of an electricity unit increasing further, from the current ‘high’  levels of
Rs 20.06.

 Sri Lanka government prioritizes uplifting living conditions for poor while achieving sustainable development - Finance Minister 

Wed, Jun 27, 2018, 01:00 am SL Time, ColomboPage News Desk, Sri Lanka.


June 27, Colombo: The government of Sri Lanka has taken measures to uplift the living conditions of the poor while achieving sustainable development in urban areas, the Minister of Finance Mangala Samaraweera said.

Addressing the Third Annual Meeting of the Board of Governors' Business Roundtable of the Asian Infrastructure Investment Bank (AIIB) held on Monday (25) in Mumbai, India, Sri Lanka's Finance Minister highlighted that cities all over the world are adopting various measures to efficiently manage urbanization which paves the way for sustainable cities.
He pointed out that in the path to achieve sustainable cities, many countries are facing various challenges that include unequal access to public services or inefficient usage of public services, as well as vulnerability to natural hazards.

"Therefore, I am of the view that the main focus of the concept of Sustainable Cities should be on serving the poorest segments of the society by providing better living and working conditions for them by ensuring affordable housing, health care, water, sanitation and electricity," he said.

In this context, Minister Samaraweera said the Government of Sri Lanka has accorded high priority to achieve sustainable development in urban areas, while taking various policy measures to uplift the living conditions of the poor.

"The theme of my National Budget Proposals for 2018 was 'Blue-Green Economy'. In this context, we recognized the inalienable relevance of ocean related economic potential of our country as an Island. We introduced sustainable development strategies that pave the way to achieve our Vision for 2025 that envisages a country enriched with a higher per-capita over USD 5000."

He said Sri Lanka has received a positive response from AIIB for the Urban Regeneration Programme which aims at relocating 50,000 low and lower middle-income households living in slums and shanties in Colombo City into new apartments.

The Minister noting that Sri Lanka, being an Island, hosts over hundred lagoons and estuaries said the government plans to develop these lagoons and expects the support of the AIIB.

"The environmental sustainability of those precious water bodies will ensure the wellbeing of many aquatic resources, therefore, we expect to implement a lagoon development project in the country for which the AIIB could become a strong partner in due course," he said.

On the sidelines of the meeting, Minister Samaraweera also had discussions with the Indian Minister of Finance, Railways and Coal, Piyush Goyal on the matters of mutual interest.

Meeting with the President of the Asian Infrastructure Investment Bank Jin Liqun the Minister said he discussed the projects which need to be finalized for this year and for year 2019.

External Threat Endangers Internal Reforms

By Ameer Ali –JUNE 26, 2018

Dr. Ameer Ali

“Global Islamophobia has created a powerful means of isolating and demonising Muslims worldwide, legitimizing stigmatization and discrimination by reviving centuries-old caricatures of Islam as a violent and lascivious religion and remodelling them for the post-Cold War era, placing Muslims across the world on a spectrum linking them to ISIS and al-Qaida”~  (Jim Wolfreys, Republic of Islamophobia, London: Hurst & Company, 2018, p. 195) 

In its search for a scapegoat to blame the failures of neoliberal economics, industrialised nations, led by the US, found Islam a fitting candidate, thanks to al-Qaida’s misadventure on 11 September 2001. Until that infamy, protests against neoliberalism and its economic models grew international and grew metamorphosed into a global anti-globalization movement threatening not only the political stability of Western democracies but also, more importantly, the economic dominance of the US Empire.  What started as vocal protests against the IMF and World Bank meeting in Berlin in 1988 gradually became bloodier culminating in the most violent demonstration in 2001 when the Genoa Group of Eight met in that city in July 2001. Naturally, world leaders panicked and were desperately looking for a distraction to turn world’s attention and media focus away from anti-globalization protests. To these leaders Bin Laden and his al-Qaida was a manna from heaven. The so called War on Terror turned Islam the new enemy and gave birth to global Islamophobia. 

Global Islamophobia produced two diametrically opposed reactions from the Muslim world. One was to counter this phenomenon in the most militant way and strive to create several Islamic states if not a universal Caliphate. Al-Qaida, Boklo Haram, Jamaa Islamiyya, the Taliban and ISIS are some of the most notable avatars of this militant Islamism. Their violence actually provided a meaning and justification to an otherwise baseless War on Terror. The other was a defensive stand by the majority of Muslims to hold fast to the Islamic religious status quo. Holding on to religious conservatism became the safest option when enemies of Islam are at the gates. Between the War on Terror on the one hand and the two extreme positions of the Muslim world on the other, reformists agitating for change in the Islamic Weltanschauung became collateral victims.  This explains why it is hard to initiate reforms to bring about changers in some of the religiously rigid rules and practices in the Muslim world.  

Islam did not face a reformation movement as Christianity did; but during the twilight years of the Ottoman Empire several thinkers and activists called for modernization which produced the Tanzimat reform movement in the mid-nineteenth century. Unfortunately, religious modernization proved difficult because of subsequent colonization of the Islamic world by the West. What the West saw as a civilising mission, la mission civilisatrice, to Muslims it was a destroyer of their pristine religion and culture.  Under foreign domination and rule protection of what one already had took priority over change in the face of imminent destruction.  Also, the term reform became detestable and a scaring phenomenon to the traditional majority especially after Kamalism’s de-Islamisation of Turkish polity and society in the name of reformation.  In the second half of the 20th century and after independence reforms became a political tool in the hands of authoritarian regimes and dictators, who wanted to keep the reformists in check without antagonising the conservatives. They were playing a double game. In the wake of the War on Terror and global Islamophobia Muslim reformists who are calling for an intellectual mind shift from tradition to modernity have become heretics, atheists and black sheep to the conservative majority.  This is the dilemma the Muslim world faces today.  Even incremental reforms have become too difficult to achieve.      

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SRI LANKA PROBATION DEPARTMENT AND NCPA PUSHING CHILDREN BACK INTO THE HANDS OF ABUSERS

(Statement)

27/06/2018

We the undersigned members of civil society condemn the actions of the Probation Department and the National Child Protection Authority (NCPA) for attempting to send children back to Darun Nusra, a children’s home where sexual abuses of children have taken place. We also condemn the State institutions for their inaction in finding suitable government schools for the affected children to continue their education

In June 2017, an anonymous phone call was made to the NCPA that sexual abuses were being committed on the children residing in Darun Nusra. During the police investigations it was revealed that a male staff of this home was allegedly committing these offences and both the Matron and the Coordinator of Al-Muslimaath the charity managing Darun Nusra were reported about these incidents but did not take action.

Despite ongoing investigations into the allegations of abuse, which not only include the alleged abuser but also the matron and the Coordinator of Al-Muslimaath, the Probation Department has vehemently opposed calls by activists for the children to be transferred out of Darun Nusra for their own safety.

Officers from the Probation Department have consistently engaged in victim blaming in Court by portraying the two main victims of abuse as mentally unsound. One of the first children to be transferred out of Darun Nusra due to Court orders was sent by the Probation Department to a home which the Probation Officers themselves later admitted in Court as unsanitary, lacking in running water, and unsuitable for children.

Further in March 2018, an NCPA report found Darun Nusra to be unsuitable for children to live in and the institution requested court to transfer the children out. However, in May 2018, the NCPA backtracked on this and sought to transfer some of the children back without explanation.
Furthermore, the Courts instructed the Probation Department and the NCPA to find suitable government schools for the children, yet for around three months both institutions have taken no concrete action. Instead, we are informed that at a meeting called by the NCPA with the guardians and Probation Officers in June 2018, the guardians were either pressured to take the children back home or return them to Darun Nusra if they want their education to continue. This raises many questions on why the State has been unwilling or unable to find suitable government schools in a country which has a tradition of providing free quality education. This also raises questions as to why the State continues to promote an organisation that is being investigated for allegations of child sexual abuse. As of today, the inefficiency of the Probation Department and NCPA has deprived these children of schooling for three months.

We condemn this negligent and callous attitude of the Probation Department and the NCPA for failing to provide justice for children who are economically and socially vulnerable – many of whom have suffered recent trauma. This entire incident would not have happened if the Probation Department which is tasked with monitoring children’s homes had mechanisms to identify child abuse occurring within institutions.

We condemn the Probation Commissioner of the Western Province, the Chairperson of the National Child Protection Authority, and the Secretary and the Minister of the Women and Child Affairs Ministry for not performing their roles responsibly. The conduct of the State institutions in this case also raises concerns about the welfare of other children in Probation Certified Homes who are under the overall care of these Institutions.

We the undersigned demand that the Probation Department, NCPA and the Ministry of Education work together to immediately find Government schools with an English medium curricula for the 13 children in this case. We demand that the two children having special educational needs be enrolled in a suitable educational institution. We also demand that the children transferred to a home located in Bandaragama, be relocated together immediately, as all parents who have visited it, have expressed deep dissatisfaction with the treatment of their children in this home.

Signed by:

1. Affected Women’s Forum (AWF), Akkaraipattu 2. Akshaya 3. Alliance Development Trust (ADT) 4. Association of War Affected Women (AWAW) 5. Centre for Policy Alternatives (CPA) 6. Human Rights Office (HRO), Kandy
7. INFORM Human Rights Documentation Centre 8. Lend A Hand Fund 9. Liberation Movement 10. Maatram Foundation 11. Mannar Women’s Development Federation (MWDF) 12. Mantra Life Centre 13. Mass Movement for Social Justice 14. Muslim Women’s Development Trust (MWDT) 15. National Christian Evangelical Alliance of Sri Lanka (NCEASL) 16. National Fisheries Solidarity Organization (NAFSO) 17. Nisha Development Centre, Mullaitivu 18. Organisation for Integrated Social Development (OISD), Kilinochchi 19. Right to Life (R2L) 20. S.J.V. Chelvanayakam Memorial Trust (CMT) 21. Sri Lanka Brief 22. The Grassrooted Trust 23. Vallamai Travellers, Jaffna 24. Women and Media Collective (WMC) 25. Women’s Action Network (WAN)

Thus Speaks the Judiciary

 

Two very recent court decisions deserve attention. One is the prison sentence imposed on Galabodaaththe Gnanasara Thera for criminally threatening a litigant who had sought recourse through courts to find her missing husband, a veteran journalist. The second involves the granting of Rs.400,000 by the Supreme Court, as the cost of appeal to the wife of a smoker who died of lung cancer. The first shows that, after all, the rule of law applies to all without distinction while the second is vital in terms of the scope of litigation that it opens up for future litigants as well as the judicial recognition that legal procedures are being used or misused by the able to delay and deny justice.  

2018-06-27

The judgement of the Homagama Magistrate on the abusive and law-breaking bikkhu, is commendable, in the least, in a country where it is felt that those in places of authority whether political, business or religious, are beyond the arm of the law. We have seen the awkwardness of the law courts in merely serving summons on robe-wearers; this is in addition to the seemingly untouchable status of personnel of the three security forces. 

The general public, though not experts in the law or legal concepts are intuitively aware about what is right and just. That is why in a jury trial, the jury consists of ordinary people with some kind of basic background, but without any specific legal credentials. That is one instance where conscience and commonsense is deemed better than in-depth knowledge of the law in seeing what is just and fair . 
Lord Denning, perhaps the most brilliant legal luminary of our times, said the need was not for judges with extraordinary knowledge of the law, but with an understanding of what justice and fairness are. What wisdom from that great mind. In fact it is judges of that particular quality that modern society needs in earnest; when it comes to countries like ours, the need is felt that much more acutely. 

Judiciary as the weakling?

Some say that the Judiciary is the weakest branch of the state viz a viz the executive and the legislative. I disagree. The judiciary might lack the military might of the executive or the popular clout of the legislature, yet it has the respect and deference of the general public; the power to persuade, inspire, mobilize the masses not in the manner politicians do, but in a silent, gradual and steady way. We call it soft power. 

Soft power is gaining prominence even in affairs of State and international diplomacy. In the same vein, the soft power of the judiciary is second to none. Judgements by courts which the public embrace as reasonable, just and brave, go a long way in building up the image of the judiciary to a large extent. 

There is a common belief that the law courts are a place where any damn fib could be adorned as truth while even a biblical truth is undermined if one has the means to have the best counsel around. Instances of such notorious ingenuity of lawyers using technical grounds to win cases, most of the time letting loose murderers on hair splitting arguments are now folklore in showing how far from each other law and justice in fact are. 

Disillusioned with Law

The growing disillusionment with state institutions such as the Police, Law Courts, Public Offices does not augur well for democracy or a civilized society in general. When the common man realizes that what he reverently submits to as the ‘supreme Law’ does not apply to the high and the mighty, he will take the law into his own hands. Thus, is born the ‘lynch mob’.

The hue and cry generated in the backdrop of the errant bhikku being clad in a prison jumper is not only frivolous but tainted with extreme bigotry

The Executive and the Legislative arms of the State have lost credibility and enjoy very little soft power in the eyes of the public. But that is exactly where the judiciary holds the upper hand; in being able to retain the confidence of the public and in turn, to convince them that abiding by law, is not merely to avoid penal repercussions, but more so to benefit them making life more safe, benign and wholesome as human beings. When a very senior judge saluted with reverence the wife of the Police Security Officer who died in the line of duty, we saw the awe inspired in the society for that act of humility and benevolence of a powerful state functionary. 

The hue and cry generated in the backdrop of the errant bhikku being clad in a prison jumper is not only frivolous but tainted with extreme bigotry. To start with he is not the first monk (or member of the clergy ) in a prison jumper because fifteen of them, it is said, had faced the same predicament and we had not heard any grumbling at all. Secondly, where were the monks up the hierarchy, pleading clemency for this delinquent in saffron robe when he ran amok like a rabid dog, biting all and sundry.

Thalduwe Somarama and Buddharakkhitha as well as Matthew Pieris, did time in the Government Boarding wearing what other prisoners wore. That is justice. Even if one concedes that Law and Justice do not overlap each other perfectly, we need the law to be applied generally, universally and without distinction. 

The growing disillusionment with state institutions such as the Police, Law Courts, Public Offices does not augur well for democracy or a civilized society in general

The second case was the one where the Supreme Court made an order, on a Special Leave to Appeal made by Ceylon Tobacco Company in a case filed by a person who died of lung cancer after being a long time smoker. The Order was of a preliminary nature and not final, yet the Supreme Court recognized the fact that legal procedures such as right to appeal can be used by the economically stronger parties to frustrate the very just and legitimate claims of those who are not wealthy. An eye opener for many judicial officers who seem to think that the law in the abstract is all that matters. 

A chequered history

The Judiciary of this country has a chequered history; yet though bent, it is not broken entirely. It is often pressured but has not perished. It has in its ranks those individuals, who are ready and brave enough to uphold the law and more important, with justice and fairness, which is the strongest thread that can hold together a fast disintegrating societal structure. They speak out with their decisions that justice should be the hallmark of sound law and secondly that the law should apply equally to all irrespective of their civil status, economic prowess or any other extraneous criteria. 

At the same time we need those judicial decisions penalizing culprits to be enforced and not confined to paper decrees. Right of appeal as well as the presidential pardon under the Constitution should not be allowed to frustrate the long arm of the law reaching the high and mighty and the ordinary alike. 

After all, judicial power, too, is an extension of the sovereign power of the people according to Article 3 of the Constitution. If the people decide otherwise, then the Bench too will come crashing down.   

One nation – divided country; diverse nationalities – one country

A garden is not beautiful when it has flowers of the same colour. It will be beautiful when it is filled with a multitude of diverse flowers with different colours and fragrance. With the interaction between different nationalities great art, literature, architecture, engineering marvels will blossom. A land where people of different nationalities live with mutual respect and trust will emerge. It is the task of us who are living today to make that renaissance happen in the future – Pic by Shehan Gunasekara

Wednesday, 27 June 2018

The only foundation, the definitive purpose and the eternal principle of Sri Lanka’s future development must be “to preserve the land we call Sri Lanka with all its living and non-living resources for the Sinhala, Tamil, Muslim, Malay, Burgher children of the future, and their children; and theirs, in a state better than what it is of today”. These words were mindfully written by me for the speech I delivered at the Viyathmaga Convention 2018.

Its apparent meaning is that we should live today without destroying the resources of this land in order to secure the ability for the future generations to enjoy them. I will write about this in detail in the future. But there is another deeper meaning which I’m trying to convey through the above statement. It is to propose a future-proof solution to our national identity crisis. This article is that supplement.

The land and its name

This land has been called by different names in the past. Sihaladiva, Lanka, Thaprobane, Serendib, Sinhale, Eelam, Ceylon were names used by different people at different times. As written in the Kandyan Convention, it was the “Sinhale” kingdom which was betrayed to the British Empire in 1815 by the short-sighted aristocrats of the time. For the next 133 years this land was to be called “Ceylon” by the imperial British colonisers.

“Sri Lanka” is the short form of the present-day name of this land. According to the legendary epics of Ravana, “LankaPura” was his capital city. Although it is debatable why, when and how the name “Lanka” was used to call this land, there is evidence to believe our ancestors used it throughout the history. It is by the 1972 Constitution, that name once again gains its official binding to this land which we now call the “Democratic Socialist Republic of Sri Lanka”.

The one letter Sinhala prefix “shri” (etym. Sanskrit, pronounced as ʃri or Shree) was written as “Sri” by those who wrote the original constitution. That’s probably why some foreigners call it “Siri Lanka”. Some old enterprises still use “Ceylon” in their brand name. Bank of Ceylon is called as “Lanka Bankuva” in Sinhala, and Ceylon Petroleum Corporation is called as “Lanka Khanija Thel Neethigatha Sansthava”.

Tamils often call this land as “Elankey”. Americans, Australians and the Lankans who lived a year or two in the US or Australia call it “Shri Laanka”. Tweeps use #lka. What I’m trying to say is that the nomenclature used to refer to this land is never consistent or permanent. It will certainly change in the future as it did in the past.

Race, race and race

The Sinhala and Tamil word “Jaathiya” is the common word used to express race, ethnicity and nationality interchangeably. Although we can talk about these nuanced constructs in length, the purpose of this article is not such. For the ease of understanding let me simplify them.

The concept of “Race” is a complicated, highly debatable, biological and sociological classification. “Ethnicity” is a human-social-religious-cultural-historical classification. “Nationality” is a state-legal classification. However, “Jaathiya” by its original meaning of “birth” conflated with its simplistic meaning of “types” has become a convenient and controversial term used for all above constructs.

It would be a wonderful scientific experiment to analyse the genotypes and phenotypes of the Sinhala, Tamil, Muslim, Malay, Burgher and other many different races who are born, migrating and dying in this land. But as someone who holds a Degree in Genetics, I doubt it will solve the national identity crisis in Sri Lanka.

In this context, “Jaathiya” is more closer to the concept of “ethnicity” (Janavargaya), i.e. A large enough population that demonstrates similar behaviour in language, social norms and values, religious beliefs and rituals, traditions, customs and exclusions, art, culinary, fashion, sports and games, dances and celebrations; and similar thought patterns driving those behaviours can be identified as one “Jaathiya”.

It may or may not have a biological basis. However, because the primary reason for the propagation of identity is being “born” to that “Jaathiya”; and many of the above characteristics are passed from generation-to-generation, it is reasonable to call it “Jaathiya”.

Jaathiya and nationality

Whether for scientific reasons or for philosophical reasons, saying there is no such thing as “Jaathiya” is to be ignorant. There is a clearly identifiable population called the Sinhala Jaathiya. There is a clearly identifiable population called the Tamil Jaathiya. There is a clearly identifiable population called as the Muslim Jaathiya. Even with smaller numbers the Malay Jaathiya and Burgher Jaathiya can be clearly identified.

That is because each of those populations demonstrates unique human-social-religious-cultural-historical characteristics different from one another. They are complicated characterises which evolved in the past, evolving in the present and will continue to evolve in the future. It is those characteristics which are experienced and expressed by the people of those Jaathika or national identities. He or she who does not accept such identities of others is either a fool; or a nihilist or an opportunist with a hidden agenda.

In addition, calling there is only one “Sri Lankan” Jaathiya or nation or nationality is extremely ridiculous. There is no identifiable identity whether as Jaathiya or race or ethnicity or nationality called “Sri Lankan”. Not here, not anywhere.

The attempts to disavow the identities of the Sinhala, Tamil, Muslim, Malay, Burgher; and forcing them into an artificial, non-existent, unnatural “Sri Lankan” national identity is a violation of their human-social-religious-cultural-historical rights. In fact, it is a soft national massacre. This is where Sri Lanka’s national identity crisis is at in the 21st century.

Nation-state and republic contradiction

Some countries have “nation-states” which were created by the vast majority of a single race or ethnic population thereby making them a nationality. Germany, Egypt and Bangladesh and many more are nation-states.

Until 1815 there must have been a nation-state in this land. The majority of Sinhala people accepted the Sinhale Kingdom until then. But thereafter for 133 years this land was a colony of the British Empire. And when we received this land back from the British in 1948, we did not get what we gave up originally. There is little value in debating about that choice which was taken by the British and the local aristocrats of the time.

There were and there died Sinhala, Tamil, Muslim, Malay and Burgher people in the fight for independence. The local and foreign circumstantial contingencies were complex at the time. Nevertheless, when this land became fully independent in 1972, it definitely became a democratic socialist republic, a land of the people, ruled by the people, for the people. That, I think is the greatest achievement of our civilisation in the 20th century.

But it no longer was a “nation-state”. There is no one nationality anymore. This land and all its resources truly and irrevocably belongs equally to the different nationalities of Sinhala, Tamil, Muslim, Malay, Burgher.

Equal rights for different nationalities

Therefore, it is wrong to call Sri Lanka as one nation with one Sri Lankan nationality or Jaathiya. You can’t change the Jaathika identity of a population every time the name of the land changes. It’s a far worse mistake than the 1956 Sinhala language policy.

Conflict between races, ethnicities or nationalities occur when their identities are challenged. “Identity” is the root cause of the 30 year long internal war which exploded on the issue of language. In the Republic of Sri Lanka live different nationalities of Sinhala, Tamil, Muslim, Malay, Burgher with equal rights and responsibilities.

If you prefer Sinhala identity, for it you have the fullest freedom. If you prefer Tamil identity, for it you have the fullest freedom. If you prefer Muslim identity, for it you have the fullest freedom. If you prefer Malay identity, for it you have the fullest freedom. If you prefer Burgher identity, for it you have the fullest freedom. If you prefer no identity, for it too you have the fullest freedom.

Any other “national” has the freedom to legally become a citizen of this country and live as their preferred national identity. In a country where citizens are born free with the absolute sovereign rights to this land, the government has no right to force us into any one or more nationality. The people’s representatives who are trying to do that must be rejected at full. This highly important clarification must be amended to the constitution.

You might be wondering then what you should write under “Nationality” when filling print and digital forms. Because we are not a “nation-state” it is wrong to write as “Sri Lankan”. We should correctly write our national identity “Sinhala”, “Tamil”, “Muslim”, “Malay”, “Burgher”, “British”, “American”, or “None”.

Accordingly, “National Flag” should be changed to “State Flag”, and “National Anthem” to “State Anthem”. It will remove the “Jaathika” affiliation with these state symbols. Government bodies which have the word “National” in their name should be changed to “State” (Raajya).

But let’s not confuse this with “citizenship” which is merely a legal convention to identify the geographic location of a person. Therefore, it is correct to write as “Sri Lankan” under the label of citizenship. Besides, people change their citizenship when they migrate. But evidently change of citizenship hardly changes one’s sense of national identity.

Children of the future

A country where different and diverse nationalities live with equal rights has a mature society. In such a country the competition between nationalities will weaken. When your identity is not challenged in any way, why would there be any competition? Then we can stop the insincere reconciliation political tactics.

As the old racist political actors succumb to their age in the next 10-20 years, the golden age of the “Democratic Socialist Republic of Sri Lanka” will begin. In that future, the Sinhala, Tamil, Muslim, Malay, Burgher will not only protect their own nationalities but will protect the others’. Only then we will see a mature “Democracy” beyond the barriers of identity politics.

A garden is not beautiful when it has flowers of the same colour. It will be beautiful when it is filled with a multitude of diverse flowers with different colours and fragrance. With the interaction between different nationalities great art, literature, architecture, engineering marvels will blossom. A land where people of different nationalities live with mutual respect and trust will emerge. It is the task of us who are living today to make that renaissance happen in the future.

(The writer is a Social Entrepreneur and Ambassador for Democracy Earth.)

CEB Superintendent invents shoes to safely negotiate concrete, wooden posts

Camelia Nathaniel-Thursday, June 28, 2018

Picture by Chandana Jayaweera Hatton Correspondent

An Electrical Superintendent has made a pair of iron shoes that could be used to safely and quickly climb concrete and wooden lamp posts.

The inventor of this pair of iron shoes is Electrical Superintendent Nihal Samarakone attached to the Hatton Electricity Consumer Centre.

Speaking to the Daily News, Samarakone said currently Ceylon Electricity Board (CEB) workers use ladders to access power lines, which is a hassle to transport and is also dangerous.

He added that a worker could climb a post at the same speed of walking with the help of these shoes
“There are certain places where it is hard to transport a ladder which would also require several persons to carry it. On the contrary, this new invention weights a mere kilogramme and it also offers safety for the CEB worker, while allowing him greater access to work comfortably for longer periods.
A worker has to stand on the ladder and this sometimes causes numbness in his legs. This also limits the time he can stand on the ladder. However, this new device makes it easier on his feet and prevents such difficulties,” Samarakone said.

He said measures have been taken to apply for a patent for this new invention. Samarakone also has around 30-40 other patents for various inventions.

His latest product is the only patent obtained for a food substance which is sold under the brand name ‘Sarva Posha’. It is a cereal produced using the pulses and grains, especially indigenous rice varieties that have proven health benefits. “These grains are not simply used and we extract the highest nutritional values using the maximum energy methods and this cereal is an excellent source of nutrition,” he added.

How China Got Sri Lanka to Cough Up a Port

CHINESE COMPANY GAVE MAHINDA US$7.6 MILLION FOR ELECTION CAMPAIGN – NEW YORK TIMES

A cargo ship navigating one of the world’s busiest shipping lanes, near Hambantota, Sri Lanka, in May.

CreditAdam Dean for The New York Times

 

By Maria Abi-Habib-June 25, 2018

 

查看简体中文版查看繁體中文版

 

HAMBANTOTA, Sri Lanka — Every time Sri Lanka’s president, Mahinda Rajapaksa, turned to his Chinese allies for loans and assistance with an ambitious port project, the answer was yes.

Yes, though feasibility studies said the port wouldn’t work. Yes, though other frequent lenders like India had refused. Yes, though Sri Lanka’s debt was ballooning rapidly under Mr. Rajapaksa.

Over years of construction and renegotiation with China Harbor Engineering Company, one of Beijing’s largest state-owned enterprises, the Hambantota Port Development Project distinguished itself mostly by failing, as predicted. With tens of thousands of ships passing by along one of the world’s busiest shipping lanes, the port drew only 34 ships in 2012.

And then the port became China’s.

Mr. Rajapaksa was voted out of office in 2015, but Sri Lanka’s new government struggled to make payments on the debt he had taken on. Under heavy pressure and after months of negotiations with the Chinese, the government handed over the port and 15,000 acres of land around it for 99 years in December.

 

The transfer gave China control of territory just a few hundred miles off the shores of a rival, India, and a strategic foothold along a critical commercial and military waterway.

Note: China provided only partial financing for some ports. | Sources: Construction Intelligence Center; Johns Hopkins University School of Advanced International Studies; Center for Strategic and International Studies; New York Times reporting.

By The New York Times

The case is one of the most vivid examples of China’s ambitious use of loans and aid to gain influence around the world — and of its willingness to play hardball to collect.

The debt deal also intensified some of the harshest accusations about President Xi Jinping’s signature Belt and Road Initiative: that the global investment and lending program amounts to a debt trap for vulnerable countries around the world, fueling corruption and autocratic behavior in struggling democracies.

Former President Mahinda Rajapaksa of Sri Lanka, center, holding court at a wedding in Colombo in June.CreditAdam Dean for The New York Times

 

Months of interviews with Sri Lankan, Indian, Chinese and Western officials and analysis of documents and agreements stemming from the port project present a stark illustration of how China and the companies under its control ensured their interests in a small country hungry for financing.

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NEVER-ENDING DILEMMAS!!!

2018-06-27

Today, we live in a world on the brink of annihilation. A ‘world gone mad’ with power-hungry people, disasters both natural and augmented, ferries sinking, volcanic hazards, floods, earthquakes, drugs, flights catching fire or airplanes going down, and additionally a record of 68.5 million people displaced worldwide. In a society governed passively by free markets and free elections, organised greed always defeats disorganised democracy! 



We finally hear that a Corruption High Court opens on July 15!!! Apparently, this has accounted for long delays in the resolution of court cases; the main obstacle towards ensuring good governance. Money laundering, bribery, huge financial crimes, misappropriation of property, criminal breach of trust by public servants, with the FCID receiving 335 cases, of which only 99 have been investigated and held over for due process!!! The Avant Garde revised application due to come up only on July 2!!! Promise of the Bond report!!! AGAIN WE ASK, WHY SUCH A HUGE TIME LAPSE??? The nigger in the woodpile, Ravi K is apparently complaining that he cannot get into Parliament without interference!!! So he asks, “IS THIS DEMOCRACY???” WE WERE GIVEN POWER TO RESTORE THE COUNTRY, NOT TO BE SHUT OUT BY PEOPLE HOLDING BOARDS!!! SO, WE ASK, DID THIS GOVERNMENT RESTORE DEMOCRACY??? MORE LIKELY HYPOCRISY WITH THE LIKES OF HIM!!!


It has taken a foreign envoy, the German Ambassador to say the government should implement the agenda on which it was elected to office in 2015!!! No one could have made a more explicit statement!!! Doesn’t the government still realise that the true measure of all our actions is how long the good in them lasts??? The sad truth is they have not done ANY GOOD SO THEIR MISDEMEANOURS AND UNTRUTHS ARE WHAT WILL OUTLAST THEM!!!



The ongoing verbal battle is about the ‘Prison Jumper’ the Buddhist monk is expected to wear!!! Before this too there were religious leaders (14 of them behind bars) who wore prison jumpers, but no one spoke of them! Why has only the BBS been singled out? What about the yellow-robed ones who wear trousers at night to creep into night clubs, where prostitutes are made available to them? Is that better than wearing the prison jumper??? Why is no one talking about those happenings??? Is that behaviour accepted under the precepts of Buddhism??? THERE IS SO MUCH THAT BUDDHISM DOES NOT ALLOW BUT WHICH IS HAPPENING NONETHELESS!!!



The next election is targeted for 2020!!! We wonder if by then the poor will find a way to live as they can hardly make ends meet now!!! We hear that in India, politicians are being chased with slippers!!! The way things are progressing in our country, it is likely that we should also get ready for that!!! Targeted elections mean nothing to them; you see our President going to sleep at 10 o’clock!!! He is such a lucky guy as there is nothing to keep him awake; absolutely nothing to worry about. After all, everything in the country is fine!!! Our President says he gleans knowledge of what is happening in the country by reading newspapers!!! Therefore, from 10 o’clock at night until he wakes up in the morning, nothing is happening OR even if things do happen, they are of no significance??? Even if the gravity of anything dawns on this nitwit, he most probably goes “AIYO! DID THIS REALLY HAPPEN??? HOW COME I DID NOT KNOW ABOUT IT???” LITTLE DOES HE REALISE THAT THE VOTER MIGHT PUT HIM TO SLEEP ALTOGETHER ONE OF THESE DAYS, UNLESS HE STOPS SLEEPING AND STARTS LISTENING TO WHAT THE PEOPLE SAY!!! The poor man in this country CANNOT SLEEP!!! He has so many burdens, so much to worry about, so many problems to which he cannot find solutions, so NO SLEEP, NO PEACE OF MIND TO SLEEP!!!


THE POOR MAN’S MAJOR PROBLEM IS SCHOOLING HIS CHILDREN. HE CANNOT! HE JUST CANNOT FIND THE MONEY TO GET HIS CHILD EVEN INTO GRADE 1!!! This column has repeatedly talked about this deadlock situation where parents are helpless but NOTHING HAPPENS!!! We should send our erstwhile educated one to Finland Montessori to get himself a good education, perhaps he will then understand the value of a good education and the burden poor parents in this country have to cope with!!! Now they are talking about a medical insurance of Rs.200,000 per child – ONLY TALKING, NOTHING DONE!!! Pragmatically speaking, how can people, especially ministers who have no children, understand the gravity of not being able to admit their children to school???


Children face huge problems because of their parents – they feel unloved, unwanted!!! I read that one child whose mother was a teacher was correcting test papers and she was crying while doing so. When her husband questioned her, she said it was their son’s paper and in it he sorrowfully explains how neither of his parents has time for him, to even talk or to play with him, because their lives are governed by smart phones!!!

Our President says he gleans knowledge of what is happening in the country by reading newspapers!!! Therefore, from 10 o’clock at night until he wakes up in the morning, nothing is happening OR even if things do happen, they are of no significance???

Because this little boy had the courage to speak out, he was able to regain the love of his parents!!! Sadly, how many children go through this terrible trauma today not being able to talk to their parents??? THE ADVANCEMENT OF TECHNOLOGY HAS BEEN TO THE DETRIMENT OF MANKIND, ESPECIALLY OUR CHILDREN!!!



There is yet another aspect of humanity I would like to dwell on. Apparently, a trial was held in New York, on a cold January night; an old tattered looking lady was being tried for stealing a loaf of bread. She looked ashamed when the mayor asked if she stole the loaf of bread!!! She lowered her head and said, “That’s right Your Honour, I did steal the loaf of bread.” He then questioned her motive; asked if she was hungry. She said she was famished but that it was not for her that she stole the bread but for the two children of her sick daughter, who had not eaten for days! The judge then told her everyone was equal before the law and she could choose to either pay a fine of $10 or go to jail. She opted to go to jail as she did not have a single penny!!! The judge then took money out of his pocket and paid her fine!!! Additionally, he ordered the bailiff to collect -/50cts from everyone in court and give it to the poor lady. He said no old lady should have to steal a loaf of bread! COULD SUCH A HUMANE ACT HAVE HAPPENED IN OUR COUNTRY??? “Cataract is the third biggest cause of blindness; religion and politics remain the first two.”