Peace for the World

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

Friday, September 7, 2018

A Beggar’s Wound ( Higannage thuwalaya)

The disparities of wealth increase in a dynamic growing, enterprising economy. They shrink when the economy stagnates.

by Victor Cherubim -
( September 7, 2018, London, Sri Lanka Guardian) One of the lessons in life is to know what power naturally does to people in high places, for ordinary citizens to imagine, how if they have the power they too can make the most of it. Regrettably it does not work like that.
The poor are somehow saddled due to their status in life, to have great expectations of a life of abundance someday? They try to blame themselves and put it down to fate? They try to buy “vasanawa,” with whatever little they can eek, rather seek out of existence. But all the time it evades them. They live eternally in hope.
A “higannage thuwalaya” never ever heals? Or so they say. It aptly describes why a problem is inflamed.

What does it feel to be poor? 

“Few, save the poor, feel for the poor,” says L.E.Laundon and “Plenty makes us poor” says, Dryden. So what is to feel to be poor? Is it poverty of aspiration, is it something else?
There are people who are poor because they don’t have enough to live on. There are
people who are poor in spirit, because they are without hope. Yet people move in and out of being poor in the strictly financial sense, all the time?
The disparities of wealth increase in a dynamic growing, enterprising economy. They shrink when the economy stagnates. In the last many, many years, we have had controversy following.

“This is how I will make my country rich by 2025” 

This was the message of Prime Minister, Ranil Wicremasinghe stated when he attended the recently concluded “Indian Ocean Conference in Vietnam last week of August 2018. “Our economic policy, Vision 2025, is firmly embedded in several principles, including a social market economy that delivers economic dividends to all”.

The Big Picture 

Power is associated with the Big Picture Vision. But it is not enough to recite the vision, we need to be able to illustrate why achieving that vision is essential, explaining how it is going to happen and be able to take responsibility in its execution, especially when the people of the country, need a sense of direction.

What are the common obstacles to deal with this vision?  

Governments all over the world have a tendency to put too much importance on “anchors,” whether it is the Big Deal or the Big Picture. They manage situations by the ideas of anchoring our policies to what has been tried and tested in many Western Nations. What works for France may not work in Sri Lanka? We are all human, but our culture, our civilisation, our Buddhist philosophy is different. We hope to join ASEAN someday soon. We are not Singapore, nor do we want to be like Singapore? We must have our own identity and proudly we have centuries of civilisation to take our cues.
Often, we tend to give disproportionate amount of importance to what has worked as anchors for other nations. It may work; it may not work for our people. This is one major obstacle to our progress, for our prosperity in the future.
If we take an example from a business proposition, in the purchase of a property the anchor is the price listed as the sale price of the property, others look to their budget as anchor. Still others may have other considerations as yield on the investment.
One way of solution is to list the needs of our country twenty, thirty odd years on and also list the obstacles and challenges we will face. Once we understand what is going to be in our way to achieving our Big Vision, we consider various options, along with the pros and cons of each option. This process forces us to slow down, but simultaneously have “creative visualisation” and consider the situation twenty odd years down the line, instead of getting side tracked by one potential option or piece of data information we have at our disposal.
I am fully cognisant that I am simplifying the process of decision making for an individual and what I consider is essential for governance of a nation. In both situations, we dare not fall by the wayside? We need articulate a vision, a pragmatic plan of action.
Richardo Hausman Professor of Harvard University states today’s technology is composed of three elements: tools, codes and knowhow. He states Sri Lanka’s growth is constrained by weak growth of exports in the last 25 years. He maintains hiring foreign expertise to cure our skills shortages that prevent industries from expanding.

Other obstacles to cure our self inflicted wounds? 

As a small nation, and like all small nations, we assert a sense of overconfidence or excessive optimism or belief in our own judgment. Assessing how to improve the standard of living of our peoples is not an easy task. This does not mean we should not be confident in making plans for our future.
How do we cure our overconfidence? We tend to think “the world is our oyster”. We hardly think through the downside potential and impact of our Big Vision. We dare not give our vision a reality check, to avoid rush decisions.
Whilst we think years ahead, at first we need to give some thought to things over which we have no control. or seem to have no control at all in the present. We attribute these as “Acts of God”. As an island with many rivers, many dams, much rainfall, the first thing that comes to mind is better water resource management. We need a complete rethink of land use. We are very susceptible to disasters such as mud slides, floods and even drought. Our Kings of Old relied on tanks and reservoirs for better water management, because they believed that “disasters were man-made.”
What did we see after the torrential floods in Kerala recently? Gates of dams were opened which had reached dangerously high water levels. They were cited by authorities as an absolute necessary measure to control the floods. Water released from dams ravaged homes and businesses alike. The years of neglect of dams should never have been allowed. They were too full causing the disaster. We should take a lesson from Kerala and prepare well in advance for a calamity of such magnitude. Reservoirs should be drained gradually and much sooner due to our fragile ecology.
On the reverse side of this conundrum, we have seen wastage and division of what little resources we possess in our land? Take for example the division of our small nation, into two nations, two ethnic groups, creating development in one part at the expense of the other. We talked about nation building but never saw the short sightedness of our development policy. There was indeed virtual starvation of resources, including water resource to the parts of our land which needed it most. Today, we are coming to realise that development of the whole of Sri Lanka is an absolute necessity for our survival in the years to come.

Other obstacles to progress? 

Our mindset has to change with the changing times. To succeed and compete in the world of tomorrow, we must find advantage over our competitors. We also need to reward the knowhow of our people and take stock of what we are good at over centuries. It is so much more than undercutting competition. We must add more value in our products and services we produce. We must offer superior quality, as well as exceptional service in a demanding world order. It is as Lord Buddha said centuries ago: “it is only from a state of consciousness that worthwhile peace emanates”.
This will lead us to action and produce result, a plan of action, not just words.
Besides, “Beggars can be choosers.” Wounds do heal if attention is given on time.

President openly and brazenly shields criminals ! President liable to impeachment motion and contempt of court charges – legal luminaries pinpoint


LEN logo(Lanka e News -07.Sep.2018, 4.35PM)  The president openly berating the IGP while instructing him not to disclose the relevant information the courts are requesting from the police pertaining to the most heinous and famous crimes is alone sufficient grounds to bring an impeachment motion against the president. Besides , an action can be filed in court against the president on the grounds that he committed contempt of court and also obstructed the court in the execution of its duties , legal luminaries pointed out with grave concern.
President Pallewatte Gamarala who secured the presidential post after making solemn promises that he would duly punish the confirmed criminals of the corrupt Rajapakse nefarious decade , ever since becoming the president had been shamelessly and unconscionably protecting and shielding the crooks and the corrupt.. While himself giving protection to the criminals , he told all the lies that the prime minister is shielding the criminals and thereby duped the civil organization leaders and other leaders who left no stone unturned to install the good governance government in power.
Lanka e News which always stands by the truth and nothing but the truth realizing at the very outset what a low bred unscrupulous individual is Pallewatte Gamarala , exposed his cunning and culprit traits via its reports… in October 2017. It is well to recall when Pallewatte Gamarala banned Lanka e News within Sri Lanka he cited that article as a reason . Being a shady shallow character he was stung by truth.
It is now a well and widely known fact that it is no less a person than president Gamarala who is most shamelessly and brazenly stooping to the lowliest of levels to safeguard and shield the most callous and cruel criminals . This came to light most clearly and openly during a discussion that was held on the 28 th of August at Paget road residence of Gamarala with the participation of Kapila Waidyaratne the defense ministry secretary , Law and order ministry secretary , Ravi Wijegunaratne the security council chief, commanders of the three forces, the State intelligence unit chief, Army intelligence unit chief, the IGP, the CID chief, the Financial frauds division chief and the Police STF chief .
A responsible weekend newspaper reported, the courts had ordered the police that is investigating to provide information in regard to the relevant armed forces implicated in the murder of Lasantha Wickremetunge , the disappearance of Prageeth Ekneliyagoda , abduction of Keith Noyahr, assault on Upali Tennekoon , and the disappearance of 11 students after abducting them , which crimes were all committed during the last regime. Yet , it was no less a person than the president himself who had furiously scolded the IGP in public before everyone during the discussion and told him not to provide any information . The defense secretary has then revealed to the president that the police have requested information from him based on 34 grounds.
The president who then addressed the IGP had expressed his resentment against officers of the forces being held in custody , and as suspects .Some of those who were arrested are being held in custody for many months, and they have been taken into custody without any evidence . In some instances even a statement had not been recorded of theirs , the president charged.
IGP Poojith Jayasundara giving answers to the profusion of lies of the eccentric president who was in a maniacal rage responded with sound answers . Poojitha told him , the information was requested by the courts , and statements of every suspect in custody was duly recorded. Moreover , statements have been recorded several times in some instances and no one is held in custody without valid grounds . In addition they had been apprehended based on adequate information gathered , and after confirming the suspects are indeed implicated in the heinous crimes, the IGP highlighted.
Subsequently the president who is also the commander in chief of the forces had nevertheless given instructions to the commanders of the forces not to divulge any information.
No other state leader of the country ever before in its history has stooped to this gross misconduct , the legal luminaries pointed out with dismay and disdain. In the circumstances, an impeachment motion can be brought against the president , they said. Besides , the president by ordering not to carry out the court directives has rendered himself liable to charges of contempt of court and obstructing the court in the execution of duties , the luminaries further pinpointed.
These are not to be lightly treated. These obnoxious lawless actions of the president are also construed as have directly obstructed the arrest of former Navy commander Vasantha Karannagoda, as well as Ravi Wijegunaratne the security council chief who helped to hide the criminals involved in the abduction and murder of 11 individuals , and also in the smuggling of the criminals abroad .
---------------------------
by     (2018-09-07 11:15:47)

Thoughts From Trumpistan

Mano Ratwatte
logoIn an unprecedented first, the legendary American Newspaper the New York Times (NYT), published an anonymous editorial page opinion purporting to be from a senior official in the highly dysfunctional unethical Trump White House. It is shocking. Of course predictably, His Excellency President Trump and his supporters including police officers etc. cheer when he attacks the “yankee” NYT.  And he continues to spew divisive hateful speech and attacks the media.
Has anyone seen/heard a Sri Lankan PM or President ever attacking the media like this? relentlessly even encouraging violence towards them? Is that the new global norm to emulate? Any media view different from his are “fake news” now; seems like someone in Sri Lanka is using the same line now.  In fairness most mainstream media including CNN which is attacked by name along with MSNBC by His Excellency Trump, devote almost all their time to negative news. FoxNews on the other hand, is better than Pravda and Communist media from the cold war era in being one-side propaganda bile ducts for his Excellency’s agenda.
Below is a section of that shocking op-ed that came out on Sept 5th. All Sri Lankan leaders should read and ponder.
Start Excerpt
In addition to his mass-marketing of the notion that the press is the “enemy of the people,” President Trump’s impulses are generally anti-trade and anti-democratic.
Don’t get me wrong. There are bright spots that the near-ceaseless negative coverage of the administration fails to capture: effective deregulation, historic tax reform, a more robust military and more.
But these successes have come despite — not because of — the president’s leadership style, which is impetuous, adversarial, petty and ineffective.
From the White House to executive branch departments and agencies, senior officials will privately admit their daily disbelief at the commander in chief’s comments and actions. Most are working to insulate their operations from his whims.
Meetings with him veer off topic and off the rails, he engages in repetitive rants, and his impulsiveness results in half-baked, ill-informed and occasionally reckless decisions that have to be walked back
-End Excerpt (NYTIMES)
In addition, in a divisive issue pertaining to the biggest sport of them all: American NFL football, he denigrates and attacks the black players who kneel during the national anthem; he accuses them of being unpatriotic and against the US military; that is farthest from the truth, but his supporters lap it up. Far from being a unifier he wins by dividing the nation.
At rallies he says things like this.
“Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a b—- off the field right now,”  “Out. He’s fired. He’s fired!” No elected or appointed President nor PM of Sri Lanka has ever spoken like that.
In a recent controversial marketing move, the global Giant Nike, features the young black man Colin Kaepernick who started the kneeling during the national anthem movement to highlight police brutalities, and alarming number of suspicious deaths by shooting at the hands of the police; even when black people are unarmed and running away from the police.  But that issue does not matter to Trump and his ardent base of white voters. Time to step back into history of injustice.

Read More

Muslim groups call for female circumcision to be medicalised

2018-09-07
A number of Sri Lankan Muslim groups have called on the government to medicalise female circumcision.
In representations made to the Parliamentary Committee on Women and Gender, members of the All Ceylon Jamiyathul Ulama, All Ceylon YMMA Conference, Centre for Islamic Studies and United Religions Initiative urged the Health Ministry to withdraw a recent circular prohibiting medical professionals from carrying out female circumcision.
In their submission, the joint Muslim groups stated that the Muslim community is very concerned about moves to ban this obligatory Islamic duty on the grounds that it is Female Genital Mutilation (FGM).
“We wish to categorically state that the practice of female circumcision is an obligatory Islamic duty, that it confers numerous benefits and is not Female Genital Mutilation. As such we condemn all moves to ban the practice of female circumcision by legislation and/ or by government bodies and urge that no moves be taken in this direction which we will regard as an unwarranted intrusion on and infringement of our religious duties guaranteed by the law and constitution of the Democratic Socialist Republic of Sri Lanka”, the Muslim representatives said in their submission. “We also request the Ministry of Health to withdraw a recent circular it issued prohibiting medical practitioners from performing the procedure and to issue a fresh circular excluding Islamic female circumcision a.k.a hoodectomy from the definition of FGM”
Joint Spokesperson Noor Hazeema Haris said that although Muslims wholeheartedly support the abolition of traditional practices harmful to women and children such as FGM, in case it is shown to exist in Sri Lanka, the Islamic practice of female circumcision is vastly different. She pointed out that this religious obligation practiced by the Muslims of the country for centuries in keeping with the requirements of the Islamic faith is not FGM. This was evident from the Joint Ministry of Health (MOH) and WHO report on Violence and Health in Sri Lanka in 2008, which states categorically that FGM does not exist in Sri Lanka.
She pointed out that while countless Sri Lankan Muslim Women have undergone childbirth deliveries in Governmental and Private Hospitals over the past decades, not a single case has arisen where Muslim women have been shown to have  undergone FGM. It is therefore very clear that Sri Lankan Muslim women have never experienced FGM.
She further pointed out that female circumcision practiced by Muslims is a very minor procedure similar to male circumcision where the prepuce of the clitoris is removed. This is the same as hoodectomy which is a legal cosmetic procedure chosen by women to improve genital hygiene and enhance their sex lives.  
“It is something that is arranged and done by women. Those who say this is male oppression against women are mistaken. It is we who do it just like our mothers and grandmothers and countless generations of our women have done. We continue to practice it because we know it benefits us. Even educated Muslim women support it wholeheartedly”, she added.
The submission concluded that female circumcision like male circumcision is a religious obligation for Muslims and that their religious rights as Sri Lankan citizens are safeguarded by the Constitution of Sri Lanka. Since this is a religious obligation, almost all Muslim Women and girls would have to undergo the procedure by hiring the services of traditional female circumcisors known as Ostha Mamis in case doctors refuse to perform this procedure citing the above mentioned circular. This could lead to serious medical complications which would amount to FGM.
If as medical complications have arisen among some women circumcised by Osthamaamis as alleged by Women’s Rights groups, it is all the more reason to medicalise the procedure instead of prohibiting it, which will only drive the procedure underground and put girls and women at unnecessary risk.
“We therefore urge the Parliament of Sri Lanka to reject any legislation drafted with a view to prohibit the practice of female circumcision as it will be infringing on the rights of Muslims to the free practice of their faith.We also urge that the Ministry of Health immediately withdraw  the said circular and if needs be, issue a fresh circular prohibiting FGM, but exempting the Islamic procedure of female circumcision from the definition as done in other Muslim countries like Indonesia” concluded the submission.
The Muslim Representatives included M.N.M.Naphiel, President of the All Ceylon YMMA Conference, Asiff Hussein, Vice-President Outreach, Centre for Islamic Studies, Noor Hazeema Haris, Co-ordinator of United Religions Initiative, Sheikh M.F.M Farhan, Manager, All Ceylon Jamiyyathul Ulama and Sheikh M.A. Haris, Co-Ordinator of the Fatwa Committee of All Ceylon Jamiyyathul Ulama.
The committee agreed to give them a hearing and requested that medical evidence be submitted to prove that female circumcision of the type prescribed in Islam causes no harm and benefits women as stated by the joint representatives.

Oh my education! I am two years behind!!


The print-richness of classrooms in some countries is not seen in our classrooms

logo Thursday, 6 September 2018 

This column gave rise from many a communication and observations after a discussion with my Head of Department at University of Moratuwa. Not having direct evidence myself, I was quite intrigued by what I heard and there was the need for some quiet fact checking. I found the situation really disturbing.

My initial take home point was that two children from a lower grade deciding or pushed on two different pathways can find themselves in very different positions with time. Someone who opts to follow an external curricula and in perhaps in the English medium too can find him or herself in the second year of an university degree program while the friend from the same class staying on course with the national education system will be just sitting down for Advanced Level examinations!

We are seeing an almost two years of difference and what one can do with a head start of two years in this day and age with globalisation, technology and in a fast-paced world is surely clear to anyone.

I again found myself observing the scenario of a bright kid who has been shown a different pathway by her father opting to follow a professional management course after Ordinary Level examinations and then completing course with flying colours and today occupying a senior position in the private sector having to handle responses again from her former class mates who are just coming out of the final examination from the public university system seeking placement opportunities. It was interesting to hear that she will grill them for the couple of placement opportunities available.

The senior management of many a private organisation however may not be quite sympathetic to the public sector university graduate who may have the label of ‘not employable’ too due to multitude of reasons some reasonable and some quite unreasonable!

As time moves on with the numbers that the system produces, there may not be any compelling reason even to consider the output as they will have a wider choice available to them. The State then may have the uncomfortable situation of addressing this growing unemployment issue among graduates.


A system of education which opens up minds

What I feel is that there should be all the opportunity for oneself to do and learn as one wishes. It is really important that all learn because they love to rather than they have to. The importance of learning should be positioned within any child’s mindset at an early stage but that should happen in a creative manner.

That is also a product of the environment. In that context having the opportunity to follow what anyone like is a real capability of the system. I see the flexibility and the opportunity when Steve Jobs wanders into a calligraphy class and then changes the world, Watson seeking courses on crystallography and cracking the DNA code, forever changing the world. Behind these episodes lies a system of education which opens up minds.

Today we hear Finland surpassing United States in the process of education. However just by rushing into Finland one may not exactly would be able to emulate the Finns. One is quite sure that when you land in Helsinki and walk about you will not be seeing walls plastered with Einstein’s and Socrates’ offering classes from ages one to any level. Sri Lanka must have the only capital in the world that you see this spectacle of education service offerings. We are truly in a class of our own.

An exception may be in neighbourhoods in Australia where we have migrated in droves and the process of education in home style is quite ably emulated. Yet you will not find big colourful posters on bus stands and on lamp posts but may be a small laminated notices on corner shops and notice boards. Some due diligence to local culture still had to be adhered to.


Public education system should be jewel in the crown

We just cannot have the public education system as it reaches the university level falling way behind the multiple alternative systems that exist in quite big numbers outside. A public education system should almost be the jewel in the crown of your society as it sets the stage for your own society’s future.

Today we have a significantly leaking public education system. One may say that around 350,000 enter to the school system at Grade 1. As they progress over 13 long years the number entering the university system is about 29,000 per year. Now this 29,000 enters to about 15 universities across the country. We see private university service providers who are capable of providing 21,000 entries in one single location.

We know that setting up of educational institutes makes such a sound business case in Sri Lanka. This basically exploits the fact that for any parent their children’s education is a top priority. Even when speak of free education the IPS State of the Economy report for 2017 indicates that over 45% of a SL household’s education budget is spent on private education. It is not uncommon to find families who make serious sacrifices on behalf of their children’s education. Only hospitals may have a better ROI but definitely the required capital for an international school is much less.

Consider the leakages of our system as it moves from Grade 1 to university graduation. The leakages are significant. However we do have the reality of even the final output taking to wings. It is quite important that the State has now taken the decision to support student’s mandatory passage to advanced level from ordinary level.

We live in an era where a child gets the experience of tuition almost from the first day of school. It appears that parents are so keen to see that they repeat whatever the subject that the child learns at school by placing the child in another class. The well-to-do may opt for individual attention. University graduates elsewhere may get social experience by working in McDonalds or Burger King but in Sri Lanka home-tutoring visits provides the opportunity space.

To witness the power of tuition is to observe the traffic and crowds when these support classes end. Public schools in Grade 13 may not see any students coming in for classes. As per the teachers the classrooms at this level are almost empty. However, close-by buildings which offer the surest way to get an ‘A’ are full of students who are so busy practicing what is defined as rote learning. The creative spirit of our future is withering away in our town and village centres within buildings in environments, which are not at all conducive to learning while we speak of becoming a knowledge economy.


Immediate need for change; the future is at stake

These children usually are experts with their mobile phones. You do not take notes. Today you snap them and WhatsApp to your friend who is busy with other things – not in school, not in the tuition class either and most certainly not in the library! Having dug into social research I now believe in some immediate need for change.

The future is at stake. We just cannot push the students to learn and benefit from the public system. Literally from Grade 1 some positive changes need to happen. I enter classrooms and my mind sees the classes I have seen in other countries. The richness of a classroom is not to be seen in our classes. Educationists identify this as print-rich rooms and certainly that feeling is absent. For a child at an early stage for development this is perhaps very much more important.

Most certainly there is a need for the change of atmosphere in a school in both software and hardware. How can one have a learning process, which is not dictated by the final examination, the spectre of limited opportunities at public universities, finding alternate opportunities mean having money? Such stresses will not do anyone any good.

Parents may heave a huge sigh of relief when they find that their child has managed to secure a place in the public university system, yet they cannot be happy to find that their son or daughter will be comparatively quite old when they come out of the university. It is not only parents that should be worried the decision makers and planners too. If you have your human resource spending two more years because of inefficiencies you really must be sensitive to the enormous opportunities lost as a result.

It is definitely possible to eliminate this time difference that is taking place between the private and the public systems. Removal of this is an imperative. The public educational system just cannot afford to have this embedded deficiency and playing second fiddle to another.


No interest in sharpening the blade

Nelson Mandela stated, “Education is the most powerful weapon which you can use to change the world.” Over a long period of time we have been dealing with quite a blunt weapon and with no interest in sharpening the blade.

My short conversation seriously implanted in my mind the need to address these serious deficiencies – we have not much of love for learning, so much interest in money yet no sign of entrepreneurship, multiple systems with different speeds with the national system being the slowest, we can learn Korean with speed but not English even if we study for many, many years, etc.

Sri Lanka is in serious need of competent human capital but we see mass migration and mass employment as three-wheeler drivers and graduate assistants. I see the need for change… do you?

JO protest a flop; two dead, 16 injured

Additional expenses for CMC to clear garbage dumped by protesters:

Colombo streets were in a state of disarray with piles of garbage including empty lunch boxes and plastic bottles littering the streets after the protest conducted by the Joint Opposition. Colombo Municipal Council employees cleaning up the mess that was left around Colombo streets by those who converged.  Picture by Chinthana Kumarasinghe.


Colombo streets were in a state of disarray with piles of garbage including empty lunch boxes and plastic bottles littering the streets after the protest conducted by the Joint Opposition. Colombo Municipal Council employees cleaning up the mess that was

The ‘Jana Balaya Kolambata’ protest campaign organised by the Joint Opposition (JO) had failed to get the desired outcome and turned out to be a flop while one person had died and 16 people were admitted to the Colombo National Hospital.

“One person who had died on admission to the Colombo National Hospital is said to have suffered a heart attack.

 Another person died in an accident in Nittambuwa.He has got down from the bus to buy pineapples on his return from the Joint Opposition protest. He was knocked down by a vehicle while crossing the road and died on admission to hospital.

Eight people were admitted due to food poisoning while another eight persons were admitted due to minor injuries,” hospital sources said.

Several government ministers termed the JO protest rally as a huge failure.

Although the protest rally was expected to continue until yesterday morning, it ended by midnight on Wednesday.

The Joint Opposition termed the demonstration as one that would topple the government, they did not receive the anticipated crowds. Hence, Mahinda Rajapaksa and the JO came under ridicule and mocking over social media. Meanwhile, the Colombo streets were in a state of disarray with piles of garbage including empty lunch boxes and plastic bottles littering the streets which the protest was held. However, the CMC had to deploy additional workers in order to clean up the streets after the protest ended.

Speaking to the Daily News Municipal Commissioner V.K.A. Anura said that workers generally used over three days had to be deployed to clean up the streets after the protest.

“The streets were littered and we had to deploy additional staff and vehicles in order to clean up the mess that was created. This process required additional expenditure. Even with the additional manpower and vehicles it took us until around 12.00 pm on Thursday to complete the cleaning process.”

In addition, the Municipal Commissioner noted that the protestors had damaged the taps and doors of public toilets and at the Vihara Maha Devi Park during the protest. However, he said that an estimate of the damage caused had not been done yet.

A Litmus Test: The Debate on the 19th Amendment

Featured image courtesy DNA India

GROUNDVIEWS- 
On April 28, 2015, the 19th amendment to the Constitution was passed in Parliament, with a two-thirds majority. 212 MPs voted in favour of its passage, with just one MP at the time, former Rear Admiral Sarath Weerasekara, voting against it.

The 19th amendment was part of a promise to abolish the system of Executive Presidency. Apart from reducing the number of years in a Presidential term from six to five, one of the notable aspects of the 19th amendment was the re-introduction of the two-term limit – any candidate who had successfully won the Presidency twice could not contest for a third time.

The two-term limit came under scrutiny last week, with reports that the Joint Opposition was considering putting forward former President Mahinda Rajapaksa as their candidate. The logic was that the 19th amendment was prospective, and so would only apply to current and future Presidents. It was discussed that the matter could be brought before the Supreme Court.

MP Dr Jayampathy Wickramaratne disagreed with this analysis. A more compelling argumentwas put forward by Dr Nihal Jayawickrama, who contended that the powers, functions and duties of the new office of President was fundamentally different from its predecessor – the two offices were distinct and separate.

On August 20, SLPP MP Namal Rajapaksa told Groundviews during a live Facebook Q and A that he was sure the question on the 19th amendment would be settled in the Supreme Court. Rajapaksa added that in his view, the 19th amendment was a “politically motivated” piece of legislation. This was an odd statement to make, given that Rajapaksa had been one of those who voted in favour of the 19th amendment. There was no mention on his social media or blogof any misgivings – even though he had been vocal around, for instance, issues pertaining the Budget around the same time as the 19th amendment was being read in Parliament.

Groundviews posed a question to its followers on Twitter and Facebook, asking if they thought the former President could contest again. The answers were revealing.
ling.
How well do you know the 19th amendment? @PresRajapaksa is reportedly considering contesting for a third Presidential term. There has been some debate on whether this is possible due to the 19th amendment, passed in 2015. What do you think?
On both Twitter and Facebook, the majority felt that Rajapaksa would be ineligible to contest again. On Twitter, 14% felt he could contest again, while 20% on Facebook said the same. This was of course, representative only of the thoughts of Groundviews’ followers who participated. As was cannily pointed out, the polls were more likely to indicate what people preferred, rather than an objective response.

More telling was the number of respondents on Twitter (16%) who said they didn’t know. It is impossible to determine whether the confusion stemmed from the varied interpretations put forward around the two-term limit, or from simply not being conversant with the 19thamendment – but it was certainly telling of confusion around the contents of what remains an abstract document to many.
Those who spoke to Groundviews around the two-term limit contested the view put forward by Dr Jayawickrema, as persuasive as it might have seemed at first glance.

Legal Director at Verite Research, Gehan Gunatilleke said that in his view, the two-term limit did apply to all those who held the office of President under the 1978 constitution.

“At no point in the Amendment is there a reference to the replacement of the office of the President. It is inadvisable to read a specific legislative intent into the text of the Amendment when no such intent is apparent in the actual text,” Gunatilleke said. He added that he had been unable to find any supporting evidence of such intent even in the Parliament Hansard. The Supreme Court’s determination on the 19th amendment made it clear that the President was the ultimate repository for the executive power of people, and any amendments changing this structure would render the amendment inconsistent with articles 3 and 4 of the Constitution. If the amendment had replaced the prior office of President with a new office, this would have to be noted by the Supreme Court, who would have to declare the amendment inconsistent with articles 3 and 4, Gunatilleke said.

CPA Researcher and attorney-at-law Luwie Ganeshathasan pointed out that the amendment was precisely that – an amendment, and not a new constitution. Similarly, the 19th amendment changed the powers of the office of the President, rather than creating a new office. It was telling too that a referendum had not been called – “Can the Supreme Court which said that the 19th amendment as a whole didn’t require a referendum, now say that a new office of the President was established?” Ganeshathasan asked.

In a comprehensive response, Lecturer in Public Law at the School of Law, University of Edinburgh, and the Acting Director of the Edinburgh Centre for Constitutional Law Dr Asanga Welikala pointed out the absurdities of reading intent into the method used to draft the 19thamendment (i.e. the choice to repeal and replace, rather than simply amend).

“Aside from changing the duration of the presidential term, the other difference between the old and new Article 30 is that the latter drops the comma after the word ‘Government’? What are we to make of this? Is this a mere lapse, or is something more sinister going on?” he asked. Dr Welikala also noted that, as was apparent from examining relevant case law, it was not simply a matter of identifying legislation as retrospective or not retrospective – the final rule was far more flexible in application. “We would not be setting out to protect the general interests of society as a whole, or even the rights of a substantial section of citizens, if we are to hold that Article 31(2) cannot have retrospective effect, but the political rights of a very small group of individuals who have been twice elected to the presidency. That number currently is two persons – Mrs Kumaratunga and Mr Rajapaksa – out of a population of 20,359,439 Sri Lankans, and it is not ever likely to be more than a handful of persons,” Dr Welikala said.

A similar view was held by Regional Researcher for South Asia, Amnesty International, Thyagi Ruwanpathirana:

“Seeking re-election to the Office of the President by anyone already twice elected to the post is seeking to pervert the intentions of the 19th amendment passed by how it was understood and interpreted by the 215 members of the 225 legislature who voted in favor of it.”

Senior Lecturer at the Department of Public and International Law, Dinesha Samararatne also said that in her view, Dr Nihal Jayawickrema’s interpretation was contrary to the view of the Supreme Court in the Special Determination on the 19th Amendment.

“Even though the office of the Executive President is not an entrenched clause under Article 83, our Supreme Court has indirectly deemed it as an entrenched office. This has been done by linking Article 4 with Article 3. This is why the Supreme Court in the Special Directive of the 19th Amendment determined that if the Prime Minister is to be made the Head of the Cabinet that a referendum is required. It is clear then that the Executive Presidency continues more or less in the same form under the 19th Amendment. Dr Jayawickrema’s argument therefore does not hold,” Samararatne said. “There is no ambiguity in Article 31. The plain meaning is clear.”

On August 2, at the first Joint Opposition rally, one name was repeatedly mentioned. “Despite the defeat, Mahinda Rajapaksa is our leader!” the speakers on the podium shouted. At the time, this focus on the former President was surprising, given that he would be barred from contesting due to the two-term limit. In hindsight, perhaps this was deliberate. On August 26, Election Commission officials have dismissed the possibility of a successful case to lift the two-term limit, calling the entire saga “unwarranted.”

Perhaps the more interesting question is why this move was contemplated in the first place, and what this means for the Joint Opposition’s strategy to put forward a Presidential candidate.

Political analyst Professor Jayadeva Uyangoda said that the Joint Opposition was clearly launching a campaign for political reasons to involve the judiciary in an essentially political matter, calling the debate a ‘non-existent legal issue’.  “These judges know that they are under severe public scrutiny, nationally and internationally. In highly politically sensitive cases like the one that the JO might force on the judiciary despite the clear provisions in the Constitution, the judges will also be conscious of the institutional integrity of the judiciary.”

The recent determination on the issue of President Sirisena’s own term of office showed that the Supreme Court could steer away from narrow political controversies created by politicians to serve personal agendas. “Cases like these are also test cases for the judiciary about its own commitment to protecting liberal constitutional values in a context where they have been under severe threat. The Judiciary might not want to be a party to an exercise that will roll Sri Lanka’s democracy map backwards,” Professor Uyangoda said.

Team Leader – Politics at Verite Research, Shamara Wettimuny noted that the recent legal debate on the two term limit has transformed an internal Joint Opposition conversation about who should be the 2020 presidential candidate into a public debate.

“The question to ask is who benefits from this shift? Shifting the conversation into the public sphere can function as a litmus test on who the appropriate Joint Opposition candidate ought to be,” Wettimuny said.

“On the one hand, it can assess whether there is public appetite for Mahinda Rajapaksa to contest for a third term. For the pro-MR camp, the debate on his eligibility is then only a means of assessing this public appetite and dissuading competitors. On the other hand, for those supporting an alternative candidate, clarifying Mahinda Rajapaksa’s ineligibility at this early stage could clear the path for this alternative.”

Although the younger Rajapaksa seemed confident during his Q and A on Facebook, it is interesting that there has been relative silence from the Joint Opposition since. Perhaps the results of this litmus test will surface at the next, larger Joint Opposition rally, slated to be held September 5.

Editor’s Note: Also read “The Legality and Legitimacy of Presidential Term Limits: A Response to Dr Nihal Jayawickrama” and “The 19th amendment and the future of Sri Lanka