Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, August 11, 2018

India’s Hetero pulls heart drug from U.S. amid cancer risk probes

Indian company Hetero pulls heart drug from US amid cancer risk probes - Times of India

AUGUST 11, 2018

MUMBAI (Reuters) - A unit of India’s Hetero Drugs is recalling some batches of the blood pressure and heart medicine valsartan in the United States, a notice on the U.S. regulator’s website said, amid a wider probe into cancer risks associated with the drug.

At least a dozen companies around the world have pulled specific batches of valsartan from the market since early July, when regulators said valsartan made by the Chinese supplier Zhejiang Huahai Pharmaceuticals had been found to contain a probable human carcinogen, N-nitrosodimethylamine (NDMA).

The notice from the U.S. Food and Drug Administration (FDA) said Hetero was found to be using a similar manufacturing process to China’s Zhejiang Huahai for valsartan. (bit.ly/2MjohkN)

“Test results from Hetero Labs show the amount of NDMA found in its valsartan active pharmaceutical ingredient (API) exceeds acceptable levels; although it is generally lower than the amount discovered in the API manufactured by Zhejiang,” the FDA said.

Hetero declined to comment, a spokesman in India said.

The company, among India’s top 15 drugmakers and one of the world’s largest suppliers of HIV/AIDS drugs, sells valsartan in the United States through its unit Camber Pharmaceuticals, which is recalling the drug as a “precautionary measure,” the FDA notice said.

It added that Camber had not received any reports of adverse events related to the drug. (bit.ly/2Bc5u6T)

Calls to New Jersey-based Camber went unanswered on Saturday, outside of regular working hours.

INDIA IMPORTS

Valsartan was originally developed by the Swiss firm Novartis and sold under the name Diovan, but it is now off patent and is used in several generic medicines made by companies around the world.
Hetero’s website says the company has more than 30 manufacturing plants around the world.

India has temporarily suspended imports of medicines from China that contain valsartan, K. Bangarurajan, a joint drugs controller at India’s main drug authority, the Central Drugs Standard Control Organization, told Reuters on Saturday.

Imports from elsewhere continue, he said.

“Not all imports have been blocked,” he said, adding that the action was taken after FDA posted a notice about cancer links to valsartan last month.

European regulators said on Friday that a second Chinese contract manufacturer, Zhejiang Tianyu, had produced valsartan with the cancer-causing chemical. (reut.rs/2ns12qB)

NDMA is classified as a probable human carcinogen. Based on results from laboratory tests, it may cause cancer with long-term use.

China and India supply more than two-thirds of all active drug ingredients used in medicines, industry experts estimate.

Friday, August 10, 2018

Protest against illegal Sinhala fishing continues in Mullaitivu

A protests by fishermen in Mullaitivu against illegal fishing by Sinhala fishermen continued today into their 8th day. 
Home09Aug 2018
The fishermen have been supported by the families as well as Karaithuraipattu local council members who attended the protest to express their solidarity. 
Newly appointed officials at the Department of Fisheries and Aquatic Resources, including one Tamil officer, met with the protesters and the NPC member T Ravikaran today and assured them that a 'good decision' would be made on the issue. 
Officials were appointed to the Department after it was forced to cease operations when protesters surrounded it and attempted to enter the building on August 2. 
The demonstrators say that their livelihoods are being destroyed by Sinhala fishermen, who they said were aided by the military and state bodies. They also accuse government officials in Mullaitivu of accepting bribes from Sinhala fishermen to allow them to fish in the region unlawfully. 

Mannar mass grave excavation Media and NGOs banned



By Sulochana Ramiah Mohan-AUG 09 2018

Police have obtained a written Order from the Mannar Magistrate not to permit the Media and Non-Governmental Organizations (NGOs), that are working closely on the missing and enforced disappearances issue, to visit the Mannar mass grave site to collect information or report on it.

Police have claimed that several Media outlets have misinterpreted the information given to them by the officials at the burial site.

Police have urged the Media and NGOs to obtain permission from the Mannar Magistrate through the Magistrate’s Court Registrar when seeking to visit the site.

Ceylon Today learns this move is to prohibit journalists and NGOs from visiting the site, due to the Media allegedly misinforming the public on the findings at the mass grave.

NGOs that are closely monitoring the findings are perturbed over the prohibition, claiming that it is important for them to watch over the findings since the mission of excavating is funded by the Office of the Missing Persons (OMPs) which is an independent body helping the victims’ families.

The Magistrate’s Court Registrar said the Media and others could make a written request and then he would check with the Magistrate whether he could give permission or not.

Although there was a briefing given to the Media and NGOs on the findings on a daily basis till 7 August, but now it has since been halted.

Some rights activists working closely with the mass grave site officials are planning to request the relevant officials to give them a time and date to obtain an update on the findings.

On 7 August, Archaeologist, Professor Raj Somadeva, who is at the site in Mannar, told Ceylon Today that they have found 71 human skeletal remains and would continue to do their work at the burial site for the next couple of weeks.

Meanwhile, Police sources said that an international media outlet had created a situation which had led to the embargo.

India and Sri Lanka’s internal conflict

I never believed Prabhakaran. Whatever he said about his intentions to see the Accord in action, I don’t think he would have surrendered the arms. Even my contacts in the LTTE told me so and they were unhappy about it as they thought the Tamil Tigers should not fight India.

by Col R Hariharan-
[This is an extract of u-npublished notes used  in a telephone interview  with a civil society social group which aims to “promote pathways for solving the ethnic issue under a federal solution” in Sri Lanka and to address human rights violations committed during the ethnic conflict by both the LTTE and the Sri Lankan government. Though the interview was conducted in January 2017, its detailed contents remain valid to this day.]
( May 28, 2018, Chennai, Sri Lanka Guardian) Q1: Former Indian National Security Adviser Shivshankar Menon in his recent book, Choices: Inside the Making of India’s Foreign Policy, in the book’s chapter on Sri Lanka, Menon said the following: “The way the Sri Lankans fought the war, though criticized for its brutality in the final stages, might have taken a higher toll if delay and stalemate were brought about….Indeed, one must logically ask the question, would an earlier adoption of the more brutal methods of the last thirty months of the war have brought it to an earlier end and actually saved lives and minimized the war’s deleterious effects?  This is a recurrent problem in state craft. It is also the strongest justification for the use of atomic weapons to end World War II.” 

NPC member Ravikaran arrested by Mullaitivu police

Northern Provincial Council member, T. Ravikaran, has been arrested by Mullaitivu police this evening.
Home09Aug 2018
Police said he was arrested in connection with vandalism of government property, referring to a protest by Tamil fishermen outside the district’s office of the Department of Fisheries and Aquatic Resources.
During the protest on August 2nd, protestors demanded that officials come out and listen to their demands. When none came out, protestors broke a police barricade and entered the building.
The department’s windows and fence were damaged and officials filed a complaint with the police.
Mr Ravikaran was called in for investigation today by the police and arrested at the police station.
Police said he would be produced before the Mullaitivu Magistrates Court after further investigations.
Update 16:00, BST
Mr Ravikaran has been released on bail after being presented before acting judge, T. Paramsothy, at his residence. The judge granted bai with conditions of 2 sureties and a payment of 2 lakh rupees to be fulfilled.

Return Of Exiles: To The President & Prime Minister, “Cleaning Up Is Not Quarrelsomeness”

Prof. S. Ratnajeevan H. Hoole
Return of Exiles and the State
logoIn responding to a question in Parliament by Charles Nirmalanathan on Wednesday 8 August, 2018, Prime Minister Ranil Wickremesinghe assured the country that all facilities and help are being and would be afforded to returning exiles, including airfare. He stated that from 2010 to date 9,509 persons had returned from India, and a further 3,815 exiles domiciled in India have expressed their desire to return. 
This Prime Ministerial policy of inviting exiles to return is not new. It was stated as Item 94 of the new government’s 100-point program, and followed up by a special announcement by the President in Parliament on 01.09.2015 promising a “Red Carpet Welcome” to returnees. That promise, three years later, remains unfulfilled, except for party supporters and dual citizen applicants who more often than not, use their citizenship to come into Sri Lanka on vacations without visas and use the duty free allowance for citizens. Few have made this their home.
That day, 08.08.2018, also brought refreshing news. Judge M. Elancheliyan of Trincomalee High Court sentenced to death by hanging two soldiers, a colonel and a major, who on 10.09.1998 had taken in for questioning a young man from Jaffna and murdered him. His body had 21 wounds. The army claimed that he had jumped off an upper floor!
Future of Tamils
I am so glad and thankful. The future of Tamils in this country, to which I feel deeply committed, depends on a stable, secure population protected by a caring state.  These policies must continue and the government must stop, as it does from the highest levels, calling murderers our national heroes. We do not need bestial brutes on our streets claiming to protect us. We need the security of numbers revamped by the absence of the state’s bid to settle Sinhalese in traditionally Tamil areas. Of the many horrific stories, that of Manal Aru (now Weli Oya) and how it was ethically cleansed of Tamils in 1984 by the army tells us the importance of Tamil homelands and why we are keen on federalism as a means of protecting not only our way of life but also our lives. While any citizen has the right to live anywhere, the government must stop inducing Sinhalese to come and live in Tamil areas. 
It is a simple matter for the government administratively to rectify the injustices of the past – for example, those displaced fishermen in Mullaitivu whose fishing rights have been abridged by settling fishermen from the Negombo area. In India there are many refugees whose children were born there or are married to Indian-born refugees. Hampered by administrative hurdles when they returned by boat, they were arrested in Kankesanthurai and not offered the kindly treatment we owe them.
Higher Levels of Tamils
Most refugees who return are at the lower levels of society and are an important component of making Tamils feel that this is their home. However, Judge Elancheliyan’s presence shows the importance of upper level Tamils seeing this as home and playing their role fearlessly. That is all the more difficult because that is the segment of society that finds it easiest to settle comfortably abroad. 

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Doctors prove Medical Council should be scrapped

2018-08-10 
Last Monday, the GMOA leadership held a media briefing in Colombo, perhaps to tell the Government the present Sri Lanka Medical Council (SLMC) should not be touched. They threatened; any move to restructure the SLMC would compel them to take trade union action immediately and without warning.
They would launch the most drastic strike action ever in Sri Lankan history, they said. Thanks to them, in the wake of their threats they qualified me by name to be a member of the SLMC.
Perhaps because I was asking for a total overhaul of the SLMC observing:
“In our culture of professional selfishness and arrogance, the SLMC to be left at the hands of the medical profession alone would be too dangerous to the health of the nation. The way out would be to include other professions as ‘community’ representations.
It has to provide provincial community representation as well, to make it a nationally
representative body.”

That was 01 year and 05 months ago in my article to DM on 03 March 2017, titled “SLMC needs overhaul”.
Well aware of this serious distortion in the SL Medical Council and its incapability to honour the mandate of safeguarding the health of the people, Prof. Colvin Gunaratne refused to accept the post of President SLMC when offered after Prof. Carlo Fonseka’s term came to an end. His belated consent to accept the position and subsequent taking of office two months later was underlined with the offer to “restructure the SLMC.”
“Nine months after, Prof. Gunaratne resigned from his post as President SLMC to tell the public at a media conference.

"The purpose of this Constitution must be to provide for the welfare of the general public. But as things are now, this process protects doctors and not the innocent civilians-Colvin"

 “The purpose of this Constitution must be to provide for the welfare of the general public. But as things are now, this process protects doctors and not the innocent civilians.….” He qualified this by saying the archaic Medical Ordinance under which the SLMC has been established, makes the SLMC ineffective in achieving its primary objective — ensuring the welfare of the public of Sri Lanka.
What Prof Gunaratne calls “a museum piece”, the Medical Act as it stands for now provides eight elected members directly by medical doctors. Another eight members as representatives of the Medical Faculty boards from State universities. This number would keep increasing with more medical faculties on the way.
Medical faculties in Sabaragamuwa and Wayamba universities were gazetted recently and there is every possibility of Moratuwa and Uva-Wellassa Universities getting medical faculties before long with 02 private member motions in Parliament. The number of Deans in the SLMC would go up to 12 then and the irritating difficulty Prof Gunaratne had with 65 per cent union representation would go up to 70 per cent. The role of these Medical Faculty Deans in the SLMC has been taken for granted as independent academics.

But they too represent a trade union as members of the “Federation of Faculty of Medical Teachers’ Associations” (FFMTA) which has all 08 FMTAs affiliated to it. They are elected by Faculty boards consisting of members of FMTAs. Their subordination to FFMTA decisions was more than evident in how they played with the SAITM issue every time it came up for discussion in the SLMC. Within universities, pressured by medical undergrads working with the politically guided Inter University Student Federation (IUSF) and also on their own political interests, the FMTAs took up an anti SAITM stand.
We thus had a situation in universities where teaching staff in medical faculties supported student agitations. That was clearly and firmly reflected in FFMTA statements issued against SAITM openly calling it:
“We the trade unions of the academic staff of State Medical Faculties….” and its Convener Dr M.C. Weerasinghe publicly claiming he has 700 medical academics “under his charge”.

The GMOA having directly elected four of its top leadership to the SLMC can elect another four of their choice if elections are held for existing vacancies. It is impossible for independent medical practitioners to contest against GMOA nominees when the GMOA leadership uses all its resources and their organisation’s muscle power to have control over the SLMC. The GMOA is publicly accused of bringing 50 bus loads of juniors to vote for their top 04 men who contested for SLMC membership.
They had young “bullies” at the venue of elections throwing about their weight. The GMOA behaviour in the elections was more like low-grade politicians than professionals.
Interviewed on a popular TV channel last Monday night, Dr Padeniya was asked to comment on Prof. Gunaratne’s accusation that 16 members representing 02 trade unions make it impossible for SLMC to stick to its mandate in taking care of people’s health.

The Sri Lanka Medical Council should be reconstituted

 The SLMC needs to be revamped to free it from the grip of the GMOA mafia

Bluffing over the issue, he claimed though he was President of a trade union, he was also a practising medical specialist, covering work of the professor for Paediatrics for over 05 years at Rajarata University (this raises another issue on Rajarata medical Faculty standards) and therefore is competent to sit in the SLMC.
His professional biographical sketch provided for the 2017 SLMC elections, highlights his work as GMOA President from 2011 and his leadership role in student unions. “As the president of the GMOA, he gave leadership to safeguard the rights of patients (sic) and medical professionals alike” the biographical sketch says, adding “As a former president of Medical Students’ Union of Colombo Medical Faculty and Vice-President of the University of Colombo Students’ Union, he championed rights of medical and other university students and fought to safeguard the free education system.”
But there is hardly anything in his achievements or his contribution to health and medical services as a medical professional.
On that election, what he avoids saying and accepting is, he and his 03 GMOA colleagues contested as GMOA nominees and not as independent individuals. What he forgets is that he himself has told very plainly that he is responsible for his membership. So are the Deans who are first responsible to their Faculty and not to the people.

If I may go further, the Medical (Amendment) Act No.40 of 1998 allows only medical practitioners and one dental practitioner registered with the SLMC in constituting the SLMC.
Thus, even those appointed by the Minister of Health under the Act have to be medical practitioners making all 25 members from one single profession.
Irrespective of how they came to be in the SLMC, there is always a singular collective mindset that first consider what they would gain as a “profession” before the “people” and the “country”.
The Act too allows for politicisation of the Medical Council with the Health Minister appointing its President and four other members. The past three years at least proved the SLMC was completely bogged down in a battle for professional interests led by the GMOA, backed by the FFMTA in controlling the entire health service. A control that allows the medical profession to have controlling access to high stakes in the growing and lucrative private health sector. The medical doctors thus prove the SLMC needs a total to revamp.

One that makes it more representative and would deny a single group or profession to dominate the SLMC.
On that, let me quote my 2017 March DM article in conclusion. On the Australian model, the summing up was. “The Medical Board of Australia (MBA) in fact has Federal State Medical Boards supporting it. There’s federal representation brought through Federal-State boards. They have highly reputed professionals including community representation with seven women out of the 13 in the elected board.”
The Canadian council includes even medical student representation which we cannot afford to, given the anarchist, irresponsible politics in the IUSF. The working of the Canadian council was summed up as follows.
“The Medical Council of Canada (MCC) also has federal and provincial representation in a Council of 52 members. The public elects up to five members and the medical undergraduates through their Canadian Federation of Medical Students elect two representatives. The Council elects its Executive Board at its annual meeting for regular deliberations on routine matters.”

"They had young bullies at the venue of elections throwing about their weight"

The British General Medical Council (GMC) “….has 12 elected members with six elected to represent the community, called ‘lay members’. Lay members are not from the medical profession and represent other disciplines. Interestingly in the present GMC, all06 lay members are women (in 2017 February it was 05).” The core ingredients of the GMC strategy for 2018 to 2020 are (1) Supporting doctors in delivering good medical practice (2) Strengthening collaboration with regulatory partners across the health services (3) Strengthening relationship with the public and the profession (4) Meeting the changing needs of the health services across the four countries of the UK.
That says why the SLMC needs to be revamped to free it from the grip of the GMOA mafia. And giving them further control of the SLMC allows continued decay of our total healthcare service.

This from my previous article sums up all.
“They demand ‘free’ education to become medical doctors at the expense of taxpayers and then the right to continue ‘selling’ healthcare at prices they determine to the very taxpayers, who paid for their ‘free’ education.
They work for private medical care at the expense of free health.
It is therefore hard to believe and there is no necessity to believe the medical profession and the GMOA are interested in the health and wellbeing of the community and the people.”

It was not a Sinhala-Muslim clash — Minister


Xenophobic forces have mobilised themselves and seem to have identified a new enemy in post-war Sri Lanka, says the cabinet minister


by Meera Srinivasan-
Courtesy: The Hindu
( March 14, 2018, Colombo, Sri Lanka Guardian) Rauff Hakeem is the Minister of City Planning and Water Supply in Sri Lanka’s national unity government and the leader of the Sri Lanka Muslim Congress, a prominent Muslim political party. A lawyer and a senior parliamentarian, he represents Kandy district, which recently witnessed violent attacks by Sinhalese mobs that claimed at least two lives and destroyed many mosques, Muslim-owned shops and homes. The episode has left the island’s Muslim minority, who make up about 10% of the population, in shock. Speaking to The Hindu at Dharussalam, his party headquarters in Colombo, Mr. Hakeem situated the violence within the larger political scape of Sri Lanka after the civil war ended in 2009, with the armed forces crushing the Liberation Tigers of Tamil Eelam, as well as in the global context of growing Islamophobia.
Excerpts:
How do you view the recent attacks targeting Muslims in different parts of Kandy district in the central highlands and the preceding incidents in Ampara in the Eastern Province? Anti-Muslim attacks have been on the rise from 2012.
On the one side, this has been a local manifestation of an international problem – Islamophobia. It has intensified due to very deliberate actions of certain xenophobic forces that have mobilised themselves intensely, particularly after the war victory, looking for another enemy. They look for pretexts to attack Muslims and target their economy and livelihoods. Their deliberate attempts have had a fair share of political patronage.
Some of these [Sinhala-Buddhist] extremist organisations came into prominence around 2011-12, starting with the hijab issue, then the campaign against Halal [certification], which were all pretexts to create this “enemy mindset”.
The Halal issue was used to create unnecessary fear in the minds of non-Muslims, whereas food practices of Muslims, Halal slaughter methods or ingredients that go into the food consumed by Muslims have never been a problem in the past. Business rivalry, jealousy and a variety of other reasons also contributed towards creating a phobia. And then it came to other lifestyle issues of Muslims, particularly women wearing the hijab — these were also being looked at as alien to Sri Lankan culture.
The Aluthgama, Beruwala incidents [anti-Muslim riots in 2014] were among the worst violent episodes based on hate speech. These two incidents in Ampara and Kandy were very carefully planned. They happened soon after the local government elections where the [Mahinda Rajapaksa-backed] Joint Opposition had a very sizeable victory, and in which the country’s ethnic polarisation was pronounced. That is another indicator of whether there was some political background to this. We cannot totally rule out the possibility of some type of political motivation. This is endemic to our culture.
Whatever political party we [may be from], we need to refrain from patronising extremist elements for political expediency. The recent incident was not a Sinhala-Muslim clash, it was a mob attack on Muslims and it was repeatedly taking place. The failure of the government to protect Muslims — that is another serious issue.
Yes, you have accused the police of having been lethargic.
Totally. They are complicit in this violence by their deliberate negligence, to say the least, if not active support, by not coming to the rescue of Muslims in a timely manner. On top of it, the failure of the intelligence community to have a proper early warning about what was going to happen. We local politicians knew that something was going to happen on the day of the funeral [of a Sinhalese driver who succumbed to injuries after an altercation with Muslim youth in a road rage incident, which triggered the riots]. We kept speaking to all the responsible officers, they kept reassuring us that there was nothing to worry about and that they would take care. Finally, when it happened, they all put up their hands in exasperation and said, “We never anticipated that this would be of such a scale and we just could not contain the violence”, simply trying to trot out excuses. They should have been prepared for such a calamity. It looks like callous disregard for the safety of the Muslim minority in this country.
Minority or any other community, it is the bounden duty of the government to ensure their safety, particularly when it is quite apparent that something sinister was brewing. A lot of people have a lot of explaining to do.
This is where impunity comes in. The culture of impunity that was there during the Rajapaksa regime came to re-establish itself in this manner when it came to law enforcement. This is a very serious issue and Muslims are furious. Just after the war victory, these xenophobic forces gained momentum and it culminated in pogroms such as Aluthgama and Beruwala, which resulted in the entire minority community deciding to send that regime back home and installing a new government. Just because you wear a saffron robe it does not mean you have total freedom to say what you want. Particularly when it comes to hate speech. While some action was taken against one or two originally, the government felt they had to soft-pedal this.
In this country, the values of coexistence are well understood, and Muslims have contributed in no small measure to national unity and to the safety, sovereignty and integrity of this country. We have absolutely no problem living peacefully with the Sinhala majority.
Then there is also a canard being created about demographic changes happening by deliberate fertility programmes among Muslims and making Sinhala women infertile through preposterous, dubious methods. The government needs a proper communication strategy to stop such false propaganda.
You spoke about backing this government. In 2015, the national unity government would not have come to power without the support of Muslims. Given that eastern Muslims voted as a block for this coalition, do you think the government is letting down the Muslim minority?
Given the way in which the government was reacting to some of these issues, the least you can say is that there was this unwarranted inhibition in their approach to strict law enforcement. This is what is angering Muslims. Why this inhibition? The inhibition is perhaps due to the fact that they are losing ground among the Sinhala majority, but this is a minuscule minority of radicals. You are never going to win that vote bank.
This could also be part of a design to wean away Muslims [from this government]. The minorities, the pattern in which they voted in the local government polls, indicated quite clearly that they still remain the pillar of support of this government. Trying to create this perception that Muslims are now disgruntled and outraged to such an extent that at least a certain percentage will move away could benefit some sections politically.
Can you reflect on this a bit more historically? In one of the first major riots in Sri Lanka in 1915, Muslims were targeted. In terms of parliamentary politics in the last few decades, your party has mostly aligned itself to the government of the day. Is it uncomfortable for you to still be in government when repeatedly, post-war, your constituency is targeted?
When you look at it emotionally and sentimentally, you can become very impulsive, resign in a huff and go to the opposition. I don’t think there is anybody more qualified than me to speak about it — because I have done that twice before. In hindsight I feel that we cannot be so impulsive all the time. We have to look at the total picture.
But here again there was another issue. There was this blame game by the two partners in government against each other, destabilising the government itself, contributing further to its decline.
You mean after the local government elections in February?
Yes, soon after the local government elections the type of blame game that took place between the two major partners in government was a matter of discomfort for all of us who are partners in this government. It seems that there is no coherence in governing, and there is a lot of indecision. Such political instability creates a fertile ground for these [extremist] forces. That needs to be settled quickly.
How do you respond to claims that there is rising fundamentalism in the Eastern Province, with funding from West Asian countries?
You know, it’s very typical, this question after a lengthy interview of this nature. Not only you, several media people who have come to interview me end up asking this question. It is again a manifestation of an international mindset. But locally, I don’t see that Muslims have been radicalised to that extent so as to resort to violence.
Whatever radicalisation has been happening, it is in the cultural domain — you see their dress, their attitude to observing their faith, you see a certain amount of this happening, they talk about Wahhabism, or the Salafi ideology being the cause for most of this radicalisation. Then there are various Jama’aths like Sri lanka Thawheed Jama’ath. It is not a case of sectarian radical groups coming and taking root, but these are different schools of thought in Islamic philosophy.
We local politicians know. We have been monitoring, we keep our ears to the ground and we interact with all these people. Sometimes when it is necessary we criticise the attitude of some of these people — the way they propagate their ideology because it can give a different perception to the outsider, that this community is becoming a bit introverted, very exclusivist and reducing interaction with the rest of the community — these are frowned upon by a majority of Muslims in this country.
When it comes to religious practice, whether it is in Hinduism, Christianity, or Judaism, there are different strains, different ideologies being practised by fringe groups. I don’t think we need to worry about these fringe groups as long as they don’t resort to violence as a means to propagate their culture or ideology.
Issues like women’s rights have come into focus. People tend to think Islam is very slow in embracing certain liberal values when it comes to women’s emancipation or their rights. They are cultural issues and those reforms will have to come from within and that is happening now.
Today one of the main issues is women’s participation in the labour force. In South Asia, we are far behind compared to other countries. There are several factors contributing to it. It is because we are more protective of women. But any religious taboo against women working has over time got de-escalated so much that a large number of Muslim women are freely working. But of course, the way in which they dress or behave will be dictated by cultural norms, and that you cannot prevent. That is the right of those people to practise their own culture. That accommodation needs to be there and it should not be perceived as “the other”.

Statehood without the name, for Provincial Councils

New draft constitution - Part 5



article_image
By C. A. Chandraprema- 

(Continued from last Wednesday)

At present, seven of the ten members of the Constitutional Council are Members of Parliament with only three being outsiders. The task of the Constitutional Council is to recommend appointees to important commissions such as the Public Service Commission, Elections Commission, the National Police Commission and to high state positions such as the Attorney General, IGP, Chief Justice etc. The Speaker of Parliament is the ex - officio Chairman of the Constitutional Council. Under the proposed draft constitution, the number in the CC is to go up to 11 with the addition of the Speaker of the second chamber of Parliament. Most significantly, there will be a radical change in the composition of the CC with the number of parliamentarians on it being reduced to four and the number of outsiders to seven. Under the draft constitution the CC is to comprise the following: the Prime Minister; Speaker of Parliament; Leader of the Opposition; the Speaker of the Second Chamber; one person appointed by the President; five persons nominated by both the Prime Minister and the Leader of the Opposition; and one person nominated by agreement among the majority of MPs belonging to political parties that are not the parties to which the Prime Minister or the Leader of the Opposition belongs.

Even though the draft constitution stipulates that the seven non-parliamentarians in the CC are to be persons of ‘eminence and integrity’ who have ‘distinguished themselves’ in public or professional life and who are not members of any political party, it also says that in appointing these five members, the Prime Minister and the Leader of the opposition have to consult the leaders of political parties represented in Parliament so as to ensure that the Constitutional Council reflects the ‘pluralistic character’ and ‘social diversity’ of Sri Lankan society. This is essentially a revival of one of the most negative aspects of the old 17th Amendment where the nominees appointed by the PM and the Opposition leader were actually stooges and cronies of the various political parties in Parliament. It is quite clear that the five members elected by the PM and the Opposition leader and the person appointed by the President and the person appointed by the smaller political parties in Parliament will all be political party nominees with the last one being appointed in rotation among themselves by the smaller parties.

Despite the negative experience that we had with this arrangement under the old 17th Amendment, the drafters of the new constitution have irrationally included this again in the new draft constitution as well. If the theory is that the people’s representatives elected to Parliament cannot be trusted to make proper appointments to the independent commissions and high state positions, how is the appointment of various hangers on of political parties to do the same job going to improve the situation? It is quite clear that this fixation with appointing non-parliamentarians to the Constitutional Council is due to an inability get over a certain frame of mind - however plain the evidence that such schemes will not work.

Changes in the Provincial Councils system

One of the most contentious aspects of the proposed draft constitution will be the provision made for two or three adjoining Provinces to form one administrative unit with one elected Provincial Council, one Governor, one Chief Minister and one Board of Ministers. Such an arrangement is to be subject to a referendum in each of the Provinces concerned. This is a carry forward from the 1980s when the separatist lobby wanted the Northern and Eastern Provinces merged. At that time too, the merger was to take place on the basis of a referendum in the Eastern Province. Given the ethnic composition of the Eastern Province the possibility of the merger being approved at a referendum was remote even in the 1980s. Today, without the LTTE to terrorise voters and stuff ballot boxes, it’s an impossibility. Yet the drafters of the proposed new constitution continue to pay pooja to this ideological shibboleth of the Tamil separatist lobby. This also reveals the driving force behind the constitution making process.

Probably due to the realization that the merger is a dream that will never be fulfilled, the drafters of the new constitution have added Section 190 which goes as follows: "Two or more Provincial Councils may co-operate with each other in implementing their executive functions." No one knows what that sentence means and how two or more PCs can cooperate with one another in the manner envisaged. The proposals in the draft constitution taken as a whole, seek to confer virtual statehood on the provinces, going far beyond the status of the Indian states. In India, on whose model our provincial councils system is based, the President appoints the State Governors and they hold office during the pleasure of the President. There is no provision for states to be able to remove a Governor under any circumstances. In Sri Lanka, under Article 154B(1) of the present Constitution, if it is proven that the Governor has intentionally violated the Constitution or is guilty of misconduct, corruption, abuse of power, bribery or moral turpitude, the Provincial Council may pass a resolution with a two thirds majority calling for the removal of the Governor.

The proposed draft constitution seeks to take this to a radical new level by enabling a Provincial Council to simply dismiss a Governor at will, by passing a resolution with a two thirds majority upon which the President will have to remove the Governor from office.

Enabling a province to remove a Governor at will in that manner vitiates the very purpose for which Governors are appointed to the provinces. The proposed draft constitution in fact expressly seeks to achieve that end by stipulating that the executive power of the Province shall be exercised by the Chief Minister and the Board of Ministers. In contrast to this, the Indian Constitution clearly states that the executive power of the State shall be vested in the Governor.

There is also a clause in the proposed draft constitution which states that the exercise of power by the Governor shall be on the advice of the Chief Minister and the Board of Ministers. When the power of the Governor is vitiated in this manner, the hold of the centre on the periphery ceases to exist and this obviously is one of the main objectives of the proposed draft constitution.

Under Article 154H of our present Constitution, when statutes passed by the Provincial Councils are presented to the Governor for his assent, he can either assent to the statute or return it to the Provincial Council for reconsideration. If the statue is passed again by the PC with or without amendments, and sent to the Governor, he can either assent to it or reserve it for reference by the President to the Supreme Court. If the Supreme Court determines that the statute is consistent with the Constitution, the Governor is mandatorily required to assent the statute. In Sri Lanka even under the present Constitution, we see that the President is just a post box through which statutes passed by the PCs are sent to the Supreme Court.In India however, the President has much wider powers with regard to the statutes passed by the states. Under Articles 200 and 201 of the Indian constitution, when a Bill passed by a state legislature is presented to the Governor, he can either assent to it or refer it to the President. The Indian President, can if he so wishes, simply withhold assent without having to explain his decision to anybody.

It should be noted that in India, granting or not granting assent to statutes is purely an affair of the executive with the judiciary having no role in it. Thus we see that even under the present Constitution, we are in a much weaker position than the Indian President and Governors when it comes to discretion in granting assent to legislation passed by the provinces. What the proposed draft constitution seeks to do is to remove even the limited power that the centre has over statutes passed by the provinces. Under the draft constitution, even the post box role that the President has under the present Constitution has been eliminated and only the Governor (who is to be constitutionally subordinated to the Chief Minister) will have anything to do with the statutes passed by the PCs. When a Statute enacted by a Provincial Council is referred to the Governor for assent, he can either assent to it or return it to the provincial council for re-consideration within a period of fourteen days.

If the Governor fails to assent to or return it for re-consideration within that two week period, the Statute shall be deemed to have been assented to. If the Governor returns the Statute for reconsideration, and the Provincial Council enacts the statute, with or without amendments, the Governor shall assent to same within fourteen days of the Statute being referred to him again, or he shall refer the Statute (directly, without having to go through the President as at present) to the Constitutional Court for consideration of its constitutionality. If the Governor has failed to assent to the statute or refer it to the Constitutional Court, the Statute shall be deemed to have been assented to at the end of fourteen days. Thus even the limited powers the Sri Lankan centre had over statutes passed by the Provinces is to be eliminated.

Imprimatur of the Chief Minister under the proposed draft constitution, the Governor of a Province shall have the power to grant pardon to any person convicted of an offence under a Statute made by the Provincial Council of that Province or a law made by Parliament on a matter in respect of which the Provincial Council has power to make Statutes. This should be looked at in the context of the envisaged transfer of all substantive police powers to the provinces so that most offences except a few stipulated ones like international crimes and fraud involving currency will be allocated to the centre. If all other offences come under the purview of the province and the Governor becomes a creature of the Chief Minister as is envisaged in the draft constitution, it follows that the Chief Minister of the province will in effect be exercising the power of pardon over virtually all crimes. According to Article 161 Of the Indian Constitution too, the Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter coming under the state government.

However the way this differs from what has been proposed in the draft constitution is that in Sri Lanka, the Governor is to be turned into a subordinate of the Chief Minister whereas in India, the Governor is the representative of the very powerful Indian President and when an Indian Governor acts, it’s on the imprimatur of the centre. However under the proposed draft constitution in Sri Lanka, the Governor will be granting pardons under the imprimatur of the Provincial Chief Minister. The result of such an arrangement in the North and East, and indeed in the rest of the country as well, given the kind of Chief Ministers we have, can only be imagined.

Under the proposed Constitution the number of Ministers in the provinces other than the Chief Minister is to be increased from four at present to six. The Provincial Councils are also to be accorded a privilege not available to the Parliament. The Provincial Councils will be able to dissolve themselves, if more than one-half of the Members of the Provincial Council (including those not present) resolve that the Provincial Council be dissolved. However Parliament cannot dissolve itself without a two thirds majority under the present 19th Amendment and also the provisions of the proposed draft constitution. Clearly the drafters of the new constitution seem to feel that democracy is more important at the provincial level than at the national level. Why else would there be a difference in the manner provincial and national legislative bodies dissolve themselves? A new feature in the draft constitution is the proposal to carve out a ‘Capital Territory’ from the Western Province which will function independently of the Western Provincial administration.

(To be continued)

Shouldn’t we hand over the country too to the brutes and buddies of the havoc wreaking ‘Bud’ party ?





(Lanka e News -10.Aug.2018, 11.30PM) Basil Rajapakse the founder and competent authority of Lotus Bud party, while addressing the members of the ‘Bud’ party who captured power in the villages , recently said in Galle , ‘ an individual may be eating chocolate in the vicinity of a sekkuwa (extractor of oil) but the on looker may think he is eating poonac’. While saying this , he issued a warning to the members that the people could accuse the one who goes into a funeral house to play cards also as engaging in illicit gambling while adding jocularly some of course really indulge in it .
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Basil’s apprehensions were confirmed when a pradeshiya sabha member of his was apprehended by the police for a bigger crime even than gambling - running a gambling center secretly inside a restaurant.

Lotus Bud’s clandestine gambling den in Dompe

On August 1 st night the Dompe police conducted a raid and took into custody 17 suspects along with equipment and items used for gambling activities from an illegal gambling den run most secretly within a restaurant in Dompe town . This restaurant to the dismay of all belonged to a newly appointed pradeshiya sabha member of Podujana Peramuna alias ‘Lotus Bud’, and the raid was conducted under the supervision of senior S.P. Gampaha , Muditha Pussella.

Rowdies and Buddies of the Bud of notorious Basil in a free- for- all at Mihintale !

Meanwhile to what lowliest level Basil’s bud party and buddies can stoop was well and truly demonstrated at Mihintale pradeshiya sabha as recently as on the 8 th.
During the development activities , Bud party ‘s member of Mihintale Ruwangama division alleged that the Bud party’s member of Mihintale , Namalwewa division had been granted special privileges , and abused in filth while trying to assault him, when the entire Mihintale pradeshiya sabha turned into a battle field .
The dispute arose over the installation of streets light in Namalwewa belonging to Mihintale pradeshiya sabha . Nipuna Madusanka of the Ruwangama division abused Chaminda Sampath Dissanayake of Namalwewa division in foul language and questioned ‘how come only you are lavished with all the privileges ?’ while also attempting to deal physical blows when Chaminda too scolded him back in unalloyed filthy language ( the only language Basil and his buddies of the Bud party know !) and tried to assault Nipuna . At that juncture , pandemonium broke out .
8th being the public day , when the Lotus Bud party members exchanged loud unpardonable unbearable filthy abuse and behaved violently ,it was naturally most bitterly resented by the people who had gathered there..

The unruly uncouth Buddies of ‘Bud’ party who captured power in villages now seek full power over country in most crude obnoxious fashion!

The mayor of Maharagama, a buddy of Bud party within a week of his appointment demanded that he shall be addressed as ‘Sir’ . Another buddy of Bud party was caught red handed in Dompe running a gambling den illicitly . At Mihintale , yet another group of buddies of the Bud party who were at each other’s throat shamelessly abused one another loudly in the choicest language at Mihintale .
In the circumstances why not we give a try handing over the entire country too to these rowdies and buddies of the ‘Bud’ party of Basil the fraud ?
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by     (2018-08-10 21:22:57)