MR ‘s double tongued utterances plunges Alliance into chaos and confusion ! Says one thing in India another in SL !!

(Lanka e News - 17.Sep.2018, 7.20PM) Double tongued MahindaRajapakse who is most infamously famous for his mendacious habits and Machiavellian inborn traits, after his return from India told another blatant lie, that is , he denied having told that Gotabaya will be fielded as a presidential candidate .

Machiavellian mendacious Mahinda (M 3) once again let down the pro Gota lackeys and cronies wholesale when he addressed a media conference after attending a pinkama(religious offering) at Halmillaketiya Purana Rajamahavihara at Kebetigollawa.

Mahinda on this occasion told another lie shamelessly ‘ I never told like that. It is an absolute lie, it is another concoction ’Mahinda declared in panic when he was questioned by the media in regard to his comments made during his recent tour of India.

Consequent upon Mahinda’s double tongued utterances , the Joint opposition is plunged into chaos and confusion when it came to who will be the future presidential candidate .

It is a universal truth , the punishment for an accomplished liar is, he cannot stop his lying even if he wants to. To cover up his first lie he has to tell a second lie , and to cover that another and so forth. This is the affliction MR is suffering too.

In any event Lanka e news in an earlier report confirmed ,based on a verdict of the supreme court of the US ( which Lanka e news published) that neither Basil nor Gota who are American citizens can field as a presidential candidate.

Mahinda after returning to the Island said , he never ever told Gotabaya is the presidential candidate . From this it is very clear he too is in a state of utter confusion , in two minds and cannot decide who should be the presidential candidate .

A ‘night watchman’ until time is ripe …

The announcement made by Mahinda in India that because Namal cannot , it will be a family member of his who would be the presidential candidate , only underscores the need for Mahinda to have the political power of the Alliance within his family until Namal reaches the requisite age.

It is very obvious because Namal cannot contest as presidential candidate at 2020 elections , Mahinda wants to field a candidate of his choice (night watchman)for the 2020 elections on behalf of Namal , and prepare the groundwork for Namal to take over at the 2025 elections.

This is analogous to the decision taken by the Bandaranaike family at the 1982 presidential elections.

Since the civic rights of late Sirimavo Bandaranaike were withdrawn precluding her for from contesting elections , and Chandrika and Anura had not reached the age , instead of granting the presidential candidature to Maithripala Senanayake the most suitable senior party member , Hector Kobbekaduwa an unpopular and losing ‘horse’ was fielded as the presidential candidate because he was a relative of the Bandaranaike family .

Today , the Rajapakses are also in a similar situation. They will not field a Rajapakse who could lose. Until Namal’s time is ripe , undoubtedly they will field a losing ‘horse’ at the next presidential election .

In the circumstances , the leaders of the Alliance will have to bide their time until 2025 for a victory , if and when Namal becomes the president .But by that time they would be pensioners in politics.

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by     (2018-09-17 13:53:04)

‘Civil Society’ To Yahapālanaya’s Rescue ?

By Rasika Jayakody –SEPTEMBER 18, 2018

Rasika Jayakody

A prominent Cabinet Minister, in a recent interview with a state TV station, made the statement that civil society organizations would play a vital role in the government’s national election campaigns in 2020.

This prescient prediction came, ironically, just a few days before the Economist Intelligence Unit, in its latest country report, forecast that the party backed by former President Mahinda Rajapaksa would win the next Presidential and Parliamentary elections. It also predicted a close aide or a relative of the former President would assume presidency after President Sirisena’s imminent exit next year.

It doesn’t require the wisdom of Economist Intelligence Unit to realize that the government, three and a half years into its term, is batting on a rugged wicket. The UNP-SLFP’s combined dismal performance at the LG polls earlier this year predicted doom and stressed the need for radical improvements in the government’s affairs. There have been little signs though, these past few months, to suggest the government has understood this ominous signal. Where things stand now – approximately 15 months from the next national election – the possibility of ‘radical improvement’ remains as bleak as ever.

In light of the recent thrashing at LG polls, the UNP-led government’s strategy to win the forthcoming national elections seems arcane. But, the Cabinet minister’s statement illuminates that the government is banking heavily on the ‘civil society organizations’ to drive its campaign – a task they undertook, to some degree, in 2015.

In the context of electoral politics in Sri Lanka, the term ‘civil society organizations’ is often identified with a certain set of faces and a certain group of Colombo-based organizations. There is a clear distinction between this group and Colombo’s NGOs and research outfits in terms of modus operandi.

The popular face of this ‘civil society movement’, in the run-up to the last Presidential election, was that of Maduluwawe Sobhitha Thera, the convener of the Movement for a Just Society which almost single-handedly united all opposition parties around the common candidate’s campaign. Alongside Sobhitha Thera’s movement, organizations such as Purawesi Balaya, Aluth Parapura and Pivithuru Hetak also actively campaigned on the ground to orchestrate the victory of the Common Candidate.

After Sobhitha Thera’s death in 2015, just months after the election of the ‘unity government’, the mantle was passed on to a new crop of activists who were relatively new to the domain, unlike their mentor who was a long-standing crusader for democracy and freedom in Sri Lanka, even under the most trying circumstances in the late 80s.

Those who replaced Sobitha Thera led their organizations right into the cesspool of power politics – which Sobitha Thera avoided with contempt throughout his active years. Some of them even went on to form front organizations for political leaders (often under the banner of anti-corruption) while the majority sided with various ‘centres of power’ within the ruling coalition for short-term, personal gains. Aluth Parapura, an organization formed by young artistes, gradually lost momentum after the presidential polls and a handful of its members aligned themselves with the JVP.

In short, their conscious decision to move away from Sobhitha Thera’s path has damaged their credibility and shrunk public support.

When leaders of the government deliberately derailed the promised reform agenda, the civil society organizations that previously vowed to function as a pressure group signalled little resistance and failed to carry out a sustained campaign against the derailment. Their occasional sqauwks on isolated issues were mainly tied with the interests of certain of the top echelons of the government, who often used these ‘civil society leaders’ as mouthpieces. Their overall contribution to the ‘Yahapalanaya’ cause was reduced to giving media statements or ‘voice cuts’ on contentious issues, often favouring the positions of their political masters.

In the process, they have betrayed Sobhitha Thera’s hopes for a better society, paralyzed their own organizations and let down the public. Those who gathered around them before the last Presidential election – especially the educated, urban middle class – have abandoned these organizations as they see little meaningful civil society intervention in shaping the government agenda.

This is the context in which one has to understand the futility of government leaders’ dependency on ‘civil society organizations’ to drive their election campaigns in another 15 months. With waning public support and little to no credibility, these civil society organizations and their leaders have very little to offer at the next election.

This illusion will, in fact, prevent the government from conducting a thorough, a necessary self-assessment to understand what needs to be corrected before the next election. It also indicates how flippant they are about setting things right, even at this late stage.

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President Sirisena, playing with fire, must take note that smoke will get into his eyes

“This time President Sirisena’s sword is nearing his own neck; not mere smoke flooding his eyes.”

Penchant for playing with fire

 Tuesday, 18 September 2018

President Gamaralalage Sirisena has always had a penchant for playing with fire. He did fire-play at the local government elections when he made a disastrous U-turn and went round country blasting the party and its leader that put him into power. He, next, flopped in an attempt to join his former political enemies and oust Prime Minister Ranil Wickremesinghe. Unscathed by these foolish moves, the UNP and its leader managed damage control without saying a word. Ranil acted with Buddhist restraint and upekka.

Sirisena should have learned a lesson and turned a new leaf. But no, he must continue to play with fire as some kids are prone to do. The latest that that has come to light is the episode of Sirisena’s alleged interference to defend Chief of Defence, Admiral Wijeguratne against the CID. The Admiral, in the meantime, fled to Mexico for a public event. The CID has ordered Wijegunaratne’s arrest and if the going goes their way the latter will be arrested upon return at the airport

Whose agenda?

“I condemn the actions of FCID, the CID and the Bribery Commission,” cried Sirisena. “They should not work according to a political agenda. If they do, I will have to take stern action against them. I deplore their recent actions and I want to express my disgust.”

The facts are so clear as daylight that one cannot honestly see any political agenda that drives the organisations referred to. In fact, the universal complaint is that these institutions are too slow “to catch the rogues.” Looking at the bare facts, it seems that Sirisena is unhappy that the investigating bodies aren’t acting according to his political agenda.


The facts

Here are the facts: Lt. Commander Chandana Hettiarachy is a suspect in a case where 11 children had some years back been abducted and killed over a ransom demand. This is a most serious offence. The brutal killing of kids makes that outrageous, inhuman, and shocking by any standards. The incident is so undermining for any society that society cannot simply tolerate it and, therefore, all those suspect must be investigated freely and thoroughly and brought before court. One might remember that this same Chandana Hettiarachy was suspect in the Raviraj killing.

The matter took a worse turn when it was alleged by a presently serving Lt. Commander of the navy that Hettiarachy had been allowed to escape and leave the island on the sly by the Chief of Defence, Navy Admiral Wijegunratne himself. The CID has already told court that Admiral Wijegunaratne gave half a million rupees in cash to help navy intelligence officer Hettiarachchi Mudiyanselage flee the country.

According to reports Sirisena was miffed by CID about the imminent arrest of Wijegunaratne. Sirisena has not denied this to date. A report in ‘Economy Next’ (14 September) alleges that Sirisena had even attempted to get the Police not to cooperate with the CID during these investigations. Sirisena may, thus, well have been aware at the time that Wijegunaratne left for overseas.


Seriousness of Presidential intervention

How could the President of our country – the highest in our land – even think of intervening in a case like this? A country has to sink to a deep low for a thing like this to happen. Citizens would lose all hope for justice if this happens. This all means that on this occasion President Sirisena has got caught in an inferno and not a mere fire.

On 13 September the President summoned a special cabinet meeting seeking cabinet backing for restraining judicial action on this case. The Prime Minister and some other Ministers had been away but yet Sirisena thought it appropriate to summon a meeting; it had been such a matter of urgent importance to Maithripala Sirisena – the self-acknowledged vanquisher of corruption. Fortunately, the Cabinet did not give assent to Sirisena’s wishes. This time President Sirisena’s sword is nearing his own neck; not mere smoke flooding his eyes.

We know how President Sirisena began his fire-play by removing that very honest Bribery Commissioner, Dilrukshi, for allegedly arresting one of Sirisena’s supporters.

I wondered then why Sirisena signed up at all for a Yahapalanaya order to replace the previous abusive regime. The central tenet of Yahapalanaya is that nobody is above the law and that all alleged offenders have to account for their behaviour before court. The courts must be let free to adjudicate without reference to status or connections of the accused. If this fundamental principle is denied then Yahapalanaya becomes a joke.


Ranaviru logic

Readers, just look at Sirisena’s logic: “We must not take action against military personnel who won the war for us.” Wonder how he reacted in the cabinet of Rajapaksa when the very Army Commander, who commanded the war, had been dragged and thrown into jail on framed charges by the then President. Sirisena never evinced any such moral conscience during those dark days of foul play.

Be that as it may, the weakness of an argument can be demonstrated if one logically extends its play to show its absurdity. This is called in logic, reductio ad absurdum. In this particular instance, the Navy is charged with having run a mafia-like clique that kidnapped rich families for ransom. Following the line of reasoning here, if that kidnapping arm extended itself so widely as to operate in open space as it wills, that should be alright.

No rich family would be safe. They could even rob banks or rape in public if they found an attractive woman or girl. Your wife or daughter can be raped by a soldier alias ‘ranaviruwa,’ but that would be fine. Leave him all alone. In my case, I wouldn’t dare to argue with a soldier for he can shoot me if he thinks he must get rid of me. A soldier can relieve you of your purse. Leave the guy alone. The worst of all, a soldier who fought in the war can assassinate the President or any given high profile VIP; but ‘hush,’ don’t touch the soldier!


Two systems

Non-soldiers, however, cannot do any of these “illegal,” things. We must answer to court and be prepared to go to jail. In this way, two systems of law would operate-one for soldiers and one for us. The first one let us call ‘ranaviru law,’ and the second one, ‘civilian law.’

Again, there is a danger in such a situation because the non-soldier component can use the soldiers to commit any crimes they want to engage in-bounce off an enemy, rob a bank, rape a girl or, simply, pick a pocket. Who knows even in this particular case non-soldier mafia may have employed the navy to do their dirty work. Such a development is inevitable in this dual system as it would give the non-soldier offender protection to perform his crimes.

I know, these examples are extreme and laughable; but they are logical consequences of the ranaviru logic of President Sirisena.

Ulterior motive?

It occurs to me President Sirisena may be doing all this to prepare the ground for an obstruction to any possible arrest of Gotabaya Rajapaksa in the future.

(The writer can be reached via sjturaus@optusnet.com.au.)

Will President Sirisena get into a soup in his haste to protect military officers?

BY Gagani Weerakoon-SEP 16 2018

The United States (US) earlier last week launched a blistering verbal attack against the International Criminal Court (ICC) and threatened sanctions against its Judges if they proceed with a probe into alleged war crimes by Americans in Afghanistan.

President Donald Trump’s National Security Adviser, John Bolton made the announcement in a speech to the Federalist Society, a conservative group, in Washington, DC, on 10 September.

“Today, on the eve of 11 September, I want to deliver a clear and unambiguous message on behalf of the President. The US will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate Court,” Bolton said.

“We will not cooperate with the ICC. We will provide no assistance to the ICC. We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead to us.”

In 2016, the Hague-based Court said that members of the US Armed Forces and the Central Intelligence Agency might have committed war crimes by torturing detainees in Afghanistan.

On the ICC, Bolton said that if any investigations go ahead on alleged US war crimes, the Trump administration will consider banning Judges and prosecutors from entering the country, put sanctions on any funds they have in the US financial system, and prosecute them in US Courts.

Bolton said that the main objection is to the idea that the ICC could have higher authority than the US Constitution and US sovereignty.

“In secular terms, we don’t recognize any higher authority than the US Constitution,” he said. “This President will not allow American citizens to be prosecuted by foreign bureaucrats, and he will not allow other nations to dictate our means of self-defence.”

 “The ICC constituted an assault on the constitutional rights of the American people and the sovereignty of the US,” he said.

Bolton said the US would “not sit quietly” if the ICC came after it, Israel, or other US allies.

Following Bolton’s remarks, the ICC said that they would continue its work as an independent and impartial institution, backed by 123 countries.

“The ICC, as a Court of law, will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law,” it said in a statement.

Bolton also announced the closure of the Palestine Liberation Organization (PLO) office in Washington, DC, because of the Palestinian attempt to get the ICC to investigate Israel for crimes committed during its decades-long occupation of Palestine.

The National Security Adviser’s announcement drew applause from the conservative crowd but was sharply criticized by Palestinian leaders and officials.

Incidentally, Bolton’s outburst comes at a time Sri Lanka’s President Maithripala Sirisena is bracing himself to present Sri Lanka’s case before the UN General Assembly on 25 September to clear its military officers of war crime charges levelled against them by the international community led by the USA.

President Sirisena declared his plans to give a clean chit to the military officers before UNGA at a time where several top ranking military officers, including country’s Chief of Defence Staff have been linked to several pending cases of murder, assault and kidnap.

Former Navy Commander and incumbent Chief of Defence Staff (CDS) Admiral Ravindra Wijegunaratne left the country to visit Mexico on Monday (10) morning, just hours before he was supposed to appear before the Criminal Investigation Department (CID) .

Admiral Wijegunaratne will represent Sri Lanka at the 2018 Independence Celebration of Mexico. He is due in Sri Lanka on 19 September, the CDS Office said.

Admiral Wijegunaratne’s visit to Mexico comes in the midst of news reports stating that the CID had summoned him to record a statement in connection with the former allegedly helping a suspect in the case concerning the alleged abduction and disappearance of 11 Tamil youth in 2008 and 2009, to evade the law. The CID was planning to arrest the Admiral when he visited the CID to give his statement, the reports said.

On 29 August, Colombo Fort Magistrate Lanka Jayaratne ordered the CID to arrest Wijegunaratne if there was enough evidence that he had helped the main suspect in the aforementioned incident, Navy Officer Chandana Prasad Hettiarachchi alias Navy Sampath, to hide.

Navy Sampath was arrested by the CID on Lotus Road in Colombo on 13 August. He was carrying a fake identity card at that time.

Meanwhile, President Sirisena came under scathing criticism by his 2015 Presidential Election campaign supporters as they alleged that the President should take the responsibility for Admiral Wijegunaratne leaving the country to participate in 208th Independence Commemoration Ceremony of United Mexican States.

 Prof. Sarath Wijesuriya, co-convener of the National Movement for Social Justice said:

“Wijegunaratne can’t leave the country without the knowledge of the President, who is the Minister of Defence. It is becoming increasingly clear that the man who replaced Mahinda Rajapaksa has become a replica of the former President.”

Wijesuriya added that the President must focus on abolishing the Executive Presidency. “Instead, he is talking about the importance of appointing the next Prime Minister. The President gives long speeches about his vision, but it’s clear that he has no idea about the rule of law.

 Prime Minister Ranil Wickremesinghe is no better. Maithripala Sirisena now calls us, the people who brought him into power, NGO agents. This is a lesson that we should never forget.”

SPECIAL CABINET

Prime Minister Ranil Wickremesinghe and at least 10 ministers were out of the country when the weekly Cabinet meeting was held on Tuesday. The meeting was rather lukewarm and only major proposal that was passed unanimously being the decision to ban animal sacrifices for religious purposes.

However, President Sirisena on Wednesday afternoon got his officials to call all Cabinet Ministers to be present for a special Cabinet meeting on Thursday (13). A senior Cabinet Minister said the President summoned all members to be present in Colombo by 12 noon but they were not apprised of what was going to be discussed at the meeting.

Many Ministers were out of Colombo and had gone to their electorates because it was a non-Parliamentary week. However, “All Ministers were asked to report back to Colombo,” he added.

However, by Thursday morning it was widely speculated that the urgent Cabinet meeting was to discuss primarily about the speculations on arresting the country’s top-most military figure.

The President as expected has stressed the need to prevent Police allegedly harassing military officials, over various criminal investigations.

Addressing Ministers, the President noted that Police should not arbitrarily arrest, detain, interrogate and record statements from any military official, unless there is ample and irrefutable evidence against them, in which case a case could be filed in a Court of law. He further emphasized that when incidents where officers of the Armed Forces are alleged of wrongdoing, it will cause a loss of faith in the public in the Armed Forces.

President Sirisena said the continuation of such activity, akin to those of Chief of Defence Staff, Admiral Ravindra Wijegunaratne and former Army Intelligence Chief Amal Karunasekera recently released on bail over the journalist Keith Noyahr abduction and assault case, will cause the public to lose faith in the Tri Forces.

He said Wijegunaratne being summoned to the CID over an ongoing investigation, has created tension among the public and it was to clarify these matters that Ministers were summoned for a special Cabinet meeting.

He noted that individuals directly accused and involved in the case of the abduction and disappearance of 11 youth in the Kotahena area in 2011, should be charged for the crimes instead of embarrassing military officials by summoning them to record statements.

He has also noted that the Head of State and Commander in Chief should be informed before action against any high ranking military officer is taken.

Reliable sources told Ceylon Today that Ministers Dr. Rajitha Senaratne and Patali Champika Ranawaka had extensively expressed their opinions with regard to the matter.

 Many complaints were aired by Ministers against the Police and law enforcement authorities. However, the Minister of Law and Order was not present as he was overseas on an official visit.

Even though the members of the Cabinet were asked to be tight-lipped about what was discussed, the President on Friday arranged a meeting to address heads of media institutions.

President Maithripala Sirisena told the Media yesterday (14) that he had summoned the IGP, Head of CID, the Attorney General and other senior officials earlier in the week and given them a dressing down about the way in which they were handling cases involving Armed Forces personnel.
“I told them not to drag these cases,” he told a press conference held at President’s House in Colombo.

Ceylon Today learns that the meeting took place on 11 September where he had ordered them to charge these personnel in Courts or if there was no case, to exonerate them.

“The way the CID is going about these cases is wrong. As a result, there is confusion in the Media reports which have an impact on the public both here and abroad and in turn allegations are levelled against the Government of carrying on a witch-hunt against war heroes,” he said.

There are a number of on-going CID investigations into alleged crimes that were committed during the last Government, he said.

These include the killing of Sunday Leader founder Editor Lasantha Wickrematunga, the abduction and assault of Keith Noyahr, the latter an Editor attached to The Nation, the disappearance of Cartoonist Prageeth Eknaligoda and the alleged abduction and disappearance of 11 youths who were taken supposedly to extort ransom.

“These are serious crimes and those responsible must be brought to book and punished. But no-one has been charged yet,” the President noted.

He also pointed to cases involving several senior Armed Forces officers who have been arrested, kept in remand for some time and then released on bail.

“At the special Cabinet meeting on 13 September I told the Ministers that the CID has arrested various people and some of them are in remand while some have been released on bail.

For instance, in the case where these 11 youths were abducted and disappeared, the CID arrested a number of persons, all Security Forces personnel and released them on bail except for one.

This brings me to the case of the Chief of Defence Staff, Admiral Ravi Wijeguneratne. The allegation against him is that he assisted one of the persons accused of the abductions to escape from the country. The CID has not issued a charge sheet against any one of them. Now the people who are accused in this case are on bail and at home and no charges have been filed against them. But the CID has obtained an order to arrest the Admiral”, he said.

SF’s behaviour questioned

Apart from discussing about military officers being ‘embarrassed’ President Sirisena also had come hard on the recent remarks made by Minister Sarath Fonseka.

“He’s making statements which are completely unbecoming and not fit for his post. He should mind about responsibilities at his hand and let the Army Commander take care of the Army,” he stressed.

The President also said if this continued he, especially as the Commander in Chief and the Government will have to review whether such individuals are deserve to hold positions like Field Marshal in the country, a senior Cabinet Minister said.

The ongoing rift between Minister Fonseka and Army Commander Lt. General Mahesh Senanayaka reached new heights with the Fonseka childishly drawing similarities between the Army Commander and Dictator Idi Amin because of their choice of ‘bald’ hairstyle.

 “The Army Commander acts with a distorted mind. He should know how to maintain his hair like a respected public officer. He is bald, like Idi Amin,” he told journalists after attending an event in Kelaniya on Monday (10).

Fonseka told journalists that the Army Commander was only a Brigadier when he was leading the war.

“If he thinks he knows more than us, he is just sitting on his tail. He was appointed as the Army Commander not because of his talent, but because of other people’s mistakes,” he said.

It was obvious that he was irked by Sri Lanka Army’s statement on Sunday in which it was stressed that no one could review the Army’s strength after having gone on retirement years ago.

In the statement which would have been issued with the knowledge of the Army Commander it was emphasized that some retired military officers who have identified themselves as ‘War-Analysts’ had defined the Army’s right-sizing programme as  closure of camps.

The statement is as follows: “It is 9 years since the Sri Lanka (SL) Army emerged victorious in a war that lasted nearly 30 years. During the period of 9 years four commanders with experience have commanded the Army.

All of them had contributed to enhance the Army’s readiness for war by starting training programmes and exercises, which are being carried on maintaining lofty standards.

 Besides, utilizing their experience at war and the technological methods they have provided uninterrupted training and exercises to the officers and others so that they can face a war.

With the assistance of the Government they arranged foreign training as well for a large number of personnel. They have therefore, gained sufficient knowledge in international war strategies.

There is nothing wrong in changing the camps which existed when the war was ending and after its conclusion, from time to time to suit the security needs   in accordance with security analyses and after considering the recommendations made   based on them by the commanders of the divisions.
Hence the past commanders had necessity to take steps to change some camps. In the future too based on the security situation reports, if the occasion demands further changes may become necessary.

Recently some retired Army officers had declared the readiness for war of the Army is not satisfactory.

Officers who retired many years ago cannot make an evaluation of the Army’s strength and warring ability. Neither have they the ethical right.
Moreover, when necessary, the former Army commanders have always exchanged views with the retired commanders possessed of experience.
The army is always looking for ways to augment the strength of the army and expand it, and has never hesitated to act in that direction.

The whole Army roundly denounces the criticisms directed against national security by the Government, Defence Ministry and Army leaderships based on their own personal and political grounds. The intelligentsia of the country should not pay heed to these opportunists.

 We therefore, request the masses to continue to repose faith in the Army which is functioning as part of the forces that secured the country and not permitting the country to be plunged into another war”.

SRI LANKA:IF ENACTED IN PRESENT FORM, THE COUNTER TERRORISM BILL WOULD BE A SIGNIFICANT IMPROVEMENT

18/09/2018

September 18th, 2018, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) notes the improved version of the Counter Terrorism Bill to repeal and replace the Prevention of Terrorism Act (PTA) which has reportedly obtained Cabinet approval last week. While the process of preparing the Bill could have been much more transparent and inclusive, the final outcome, if enacted in the present form, would be a significant and welcome improvement on the current framework of antiterrorism powers as established by the PTA and a previous leaked draft of the Counter Terrorism Framework.

The new framework proposed by the Bill would represent a much better balance between the liberty of the individual and the powers of the state by establishing several meaningful checks and balances for the exceptional powers given to the state to combat terrorism. While CPA notes improvements can be made to the Bill to make it more consistent with national and international human rights standards, we note in particular that many of the more egregious aspects of the PTA have been removed, or at least ameliorated. These include the removal of the admissibility of confessions (which has served as an invitation to endemic torture and arbitrary convictions under the PTA) and the overbroad provisions having a chilling effect on the freedom of expression. Improvements include the access by suspects to legal counsel, magistrates, and the wider role for the Human Rights Commission, and that powers of arrest and detention are checked by stronger judicial safeguards and lesser periods of permissible detention without charge.

Despite this, CPA is concerned with media reports indicating that some members of the government have expressed reservations about the more liberal provisions of the Bill, and there is a threat that retrograde features might be reintroduced into the Bill by way of committee-stage amendments. CPA has consistently raised concerns with such practices of committee-stage amendments which are beyond the scrutiny of the judiciary and citizens of Sri Lanka. We urge the government to reject these calls, and to ensure that the integrity of the Bill is not distorted or destroyed through unprincipled amendments serving the ends of authoritarianism and future human rights violations.

CPA also urges the government to publish the Bill at the earliest opportunity to enable fuller public scrutiny and debate of its contents prior to the parliamentary stage.

Dhammadhinna criminal monk the rapist in another case stabs cop, his pregnant wife and her brother !

(Lanka e News -17.Sep.2018, 7.15PM) Pivithuru Hela Urumaya former M.P. Sigiriye Dhammadhinna ,a robed monk who is an accused in yet another criminal case in which he is charged with raping a woman who brought alms to his temple has stabbed a police officer , his pregnant wife and her brother with a knife based on reports reaching Lanka e News.

This police officer who is employed at the police headquarters has his house along the border of the temple. Following a dispute escalating over the dirt collected after sweeping the Temple compound being dumped into the land of the police officer ,the robed monk has stabbed the three victims aforementioned . All three victims have sustained injuries , and a complaint has been lodged with the police.

Dhammadhinna has made a complaint to the police that the police officer stormed into his temple residence and attacked him..

Sigiriya police are conducting investigations

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by     (2018-09-17 13:48:17)

Do we need a counter terrorism law that will target mainly Sri Lanka’s Sinhala extremists?

BY M M Zuhair-September 17, 2018, 8:59 pm 

"We have grown accustomed to war that we do not see it as the barbarism, the absurdity, the bestiality, the outrage to all civilized values, the savagery, the human catastrophe that it really is." Professor C G Weeramantry- Judge of the International Court of Justice.

Do we need a Counter Terrorism Law in Sri Lanka, is a question that I wish to raise. Do we in this country need a law that will eventually be used, abused and compelled to be used against Sinhala Buddhist extremist violence in this country, the perpetrators of which are extremely few in number. We are not another Myanmar, a Buddhist preacher of violence of which country was captured in Time magazine’s front page, sometime ago, as the ‘Buddhist Face of Terror’. That Myanmar’s Generals are being hounded out today by the International Criminal Court is another story. Why is that one cannot see that we do have sufficient humane laws to deal with violence, extremist violence and terrorism without recourse to the Prevention of Terrorism Law or other draconian laws? Why is that a fear psychosis being drummed on the current and future security situation of the country?

This law originates from New York not Geneva or Colombo. That is why the Minister of Foreign Affairs Tilak Marapana has initiated it, instead of the Minister of Law and Order or Defense. The Neo-Cons and the Western arms industry are believed to be behind the New York initiative. Though it originates from New York, Geneva will have an influential follow up role. That comes from our joint resolution of 2015 in the UNHCR which calls for investigations into attacks inter alia on civil societies and minorities in Sri Lanka. But there is a problem with this law and its implementation. The proposed law will have the effect of radicalizing further the extremists and make them violent extremists. Most of those oppressed will end up becoming more violent. It will not help reconciling ethnic conscience communities or resolve religious tensions, though a few individuals might get rehabilitated. It will divide societies even more with indelible divisive stickers and will not bring them together. It will eventually provoke conflicts and help the arms industry, a business more dangerous than narcotics!

That is why we need to seek answers to certain questions. Why is the international community trying to empower the rulers of Sri Lanka with a new Counter Terrorism Law- a new weapon of war that will be compelled to be used against the violent extremists whom they will easily identify within the majority community? Rulers will love additional weapons in their armoury which can be monstrously abused by arrogant rulers. One can easily see how similar laws have been abused to stifle objective discussions and democratic norms in many countries across the world.

The danger is that laws of this nature will send conflicting views that exist in all societies, underground, from where more dangerously malignant forces will emerge. Extreme laws are necessarily oppressive. They are a threat to resolving issues through dialogue. They cross swords with efforts to develop peaceful co-existence. They would result only in enforced co-existence. It can lead to undue threats to fundamental freedoms and the likely overthrow of democracy itself. We have seen how oppressive laws and the crushing of man’s free-will, had resulted in militant and at times military take overs, in many parts of the world.

Are things so bad in this country today that the government of the day acknowledges the need for tougher laws? If that be so, why not consider absolutely necessary amendments to the existing laws such as the Code of Criminal Procedure Act, the International Covenant on Civil and Political Rights (ICCPR) Act, the Penal Code, Prevention of Money Laundering and similar powerful laws that are already in the armoury. What is lacking is not the law, though often touted as the reason but the lack of will power to implement current laws. The existing laws are certainly more than adequate, now that the war is over.

The implementation of counter terror laws in our country will sharpen ethnic and religious hostility. The law will also counter legitimate campaigns against wars that have killed millions. The New York initiative is one sided. It does not deal with punishing global war mongers at all. It is a weapon to harass and humiliate those who resist wars and those championing the cause of the victims of wars and conflicts. Over the years terror laws will radicalize more and more youths. External intervention will be justified. War mongers and arms manufacturers will benefit at the cost of the marginalized and the oppressed. For years to come arms factories will roll out killer machines and chemicals.

Former President J R Jayewardene was the architect of the Prevention of Terrorism (Temporary Provisions) Act (PTA) which came into force from 24th July 1979 at a time when the LTTE was far from becoming a formidable force and miles away from becoming the world’s deadliest terrorist force. Did this law eradicate Northern terrorism? Armed with this law, President Jayewardene under the glare of publicity mandated then Army Commander ‘Bull Weeratunga to eradicate fully terrorism from the Northern Province before 31st December 1979. What happened by that date is well known. Government forces failed. The PTA was abused and the mission miserably failed. Resistence flourished. Youths in the North and the East of Sri Lanka got more and more radicalized. Radicalization is good news for the Western arms manufacturers. The 1983 ethnic riots sealed Sri Lanka’s destiny into the greedy hands of the arms industry.

Now once again, are the wheels being turned in the direction of confrontation and war? The international community which wanted and sponsored through Norway dialogue with the LTTE, now wants the State armed with oppressive laws against the majority community! Those who throughout the war, wanted the PTA repealed now want a counter terror law! When there is incomparable peace, they want a law that will be abused to oppress and silence the other. International so called experts are having consultations, discussions and seminars while an exceptionally few others talk of reconciliation. They talk of signs of the possible re-emergence of violence in the North while the truth is that thousands of widowed women there are struggling for survival. They talk of Islamic terrorists elsewhere possibly invading Sri Lanka whereas Western wars have sent millions, mainly women and children to refugee camps. The last century saw the West bombing Buddhist countries. Today they discreetly frighten everybody of the ISIS, the founder of which Aboobucker El Baghdadi met the defeated US Presidential contender John McCain before launching his Neo-con backed ISIS. If one reads John McCain’s own book ‘Faith of my Fathers’ one will know how McCain himself mercilessly bombed North Vietnam in endless rounds of air-borne killing missions.

Retired Generals mostly from the Indian sub-continent maintain close rapport with the West’s arms industry. Some claim expertise in future terror operations. I have previously written about how a US citizen operating from a room in Bombay sent out a message from his laptop to selected electronic media purporting to be from the Indian Mujahideen of an impending terror attack, which infact took place. Why did he use the name of Indian Mujahideen to send the message and how did this guy know of an impending terror attack, unless he was part of the terror outfit. Why did Indian authorities allow the American operative to escape to the US?

Let me quote at some length Judge Weeramantry from a speech he delivered at the Bandaranaike Centre for International Studies in 2003. "We are also unique in that we have for centuries been a home where four major world religions have functioned side by side in peace and friendship within a small territorial area. It is true we have our own problems, but we can overcome them through friendship, mutual understanding, togetherness, love and appreciation of each other….". "The strength of the war lobby keeps growing while the strength of the peace lobby keeps weakening and with every passing year the disparity grows." "Campaigns for waging war attracts the best brains. Campaigns for waging peace are comparatively inactive. Arms fairs where death is sold in the bulk are attended by the high and the mighty from all over the world and they are wined and dined like honoured guests while the petty criminal is hauled off the side-streets and put in jail. To add to all this it is much easier to govern a country in a state of war rather than peace, because it diverts criticism from the government, postpones the handling of important domestic issues, rallies the country behind the leader, gives him great strength, enables government decisions to be made in greater secrecy and enables a surveillance system over his subjects." So said one of Sri Lanka’s greatest judges of our time.

President Maithripala Sirisena can get inspiration from Justice Weeramantry’s speeches and books as he travels from Colombo to New York to address the UN General Assembly on 25th September. He is due to submit fresh proposals to the UN to allow Sri Lanka to amicably resolve the war crimes allegations against the country’s armed forces. The attempt is in line with Justice Weeramantry’s thoughts of overcoming internal ethnic and religious issues through ‘friendship, understanding, togetherness, love and appreciation of each other’. But my point is the repeal of the PTA will help but replacing it with Counter Terrorism Law will create havoc.

To revert to the subject, why do we need a Counter Terrorism Law in times of relative peace? Why do we require a law that is being shown as an Act that will replace the PTA but in reality will target in Sri Lanka, primarily the few Sinhala Buddhist extremists while we have adequate laws to deal with any present or future security related situation? There is no need for laws that will create confrontations and conflicts. What we need is confidence building amongst the people.

(The writer is a former Member of Parliament and can be reached at mmzuhair @yahoo.com)

JHU Proposes 5-Point Plan To ‘Move On’ After The End Of The War

SEPTEMBER 17, 2018

The Jathika Hela Urumaya (JHU), a minor partner in the UNP-led coalition (United National Front for Good Governance), laid out a five-point plan for the country to put behind it’s bloody past at least with respect to the thorny issues of war-crimes and move ahead into the future.

Champika, the JHU leader

Addressing a media conference, co-leader of the JHU, Minister Patali Champika Ranawaka said that various opinions have been expressed regarding the issue, pointing out that some want the law to be applied equally to all while others want it selectively applied.

He said that if the law were to be applied equally across the board, then most of the 12,000 LTTE cadres released after a short and cursory period of rehabilitation would have to be apprehended and charged in court, but added that this would not be practical.

‘They were all part of a terrorist organization and many surrendered along with arms,’ he said, pointing out that known LTTE cadres such as ‘KP’, Ram and Nagulan are roaming freely despite their role in terrorism.

On the other hand, Ranawaka took issue with those who are opposed to any legal action against any ‘war hero’. He argued that whereas action in the heat of the battle and in pursuit of a military victory was one thing, abduction, rape, murder and any other infringement prompted by personal objectives are very different.

‘Similarly there are some Tamil politicians both here and abroad who want ex-LTTE cadres left alone and investigations to focus only on members of the security forces,’ he said.

Insisting that the lack of clarity in terms of policy has brought about an impasse, the JHU proposed the following:

A classification/categorization of crimes by LTTE, military and para military groups currently in custody in terms of whether they were related to the conflict and whether they were in the pursuit of personal matters.

All military person currently in custody in relation to war-related incidents should be give a general amnesty.

Similarly, the approximately 60 former LTTE cadres currently in custody should be released immediately on a general amnesty.

Charge immediately those who have been arrested on account of rape, abduction, murder etc.

Once all this is done, we should not return to this particular issue or aspect of the conflict.

‘There is no point in letting this wound fester any longer,’ Ranawaka said, observing that almost a decade has passed since the conflict ended.

He also pointed out that there was an unofficial amnesty that was accorded to all those engaged in violence in the late eighties, both rebels and security forces.

‘Even in South Africa and most recently in Columbia, such processes have served to bring to a close unending haggling over war-related issues.’

Read More

Maximum Residue Level: Dilemma of agricultural product exporters in Sri Lanka

Wednesday, 19 September 2018

Due to increased emphasis on consumer health, majority of developed countries such as EU, Japan and the US insist on MRL testing of food items which has to be done by the exporter.

The Codex Alimentarius Commission which is an inter-governmental body with over 180 member countries and sponsored by Food and Agriculture Organization (FAO) and the World Health Organization (WHO) has prescribed Maximum Residue Levels for various food items. However, in Sri Lanka, only a handful number of institutions provide the services of MRL testing and there are some capacity constraints also.

Implications

for exporters

Generally, when exporting to EU, the exporters have to do the MRL testing for around 480 chemical substances. This would mean, exporters have to send samples to overseas for testing because of the capacity constraints of laboratories in Sri Lanka. Consequently, exporters have to spend more time and money to for the MRL testing.

The high cost of testing affects the profitability of exporters in general and small and medium scale exporters in particular. This high cost of testing for MRL has to be viewed in the context of the majority of agricultural product exporters not enjoying higher profit margins unlike some other product exporters.

In a situation where the exporters have to send samples to overseas laboratories, it takes a lot of time as the samples has to be delivered via courier and then the time required for testing and finally getting the test results.

Considering the perishable nature of the agricultural commodities, exporters cannot wait a long time to get the laboratory reports which may in turn will lead to loss of market opportunities and affect competitiveness.

Another interesting observation is that there are no CODEX standards for certain fruits and vegetables. For example, there are several fruits and vegetables that are cultivated in Sri Lanka such as rambutan, tamarind, jackfruit, cassava and bitter gourd for which no CODEX standards available.

According to the table, it is clear for certain fruit and vegetable items there are no CODEX and MRL standards although countries like Canada and EU established their own MRLs. Absence of CODEX MRL standards for certain fruits and vegetables may be an obstacle for exporting countries as the CODEX is the universal guideline to compare the MRL established by importing countries.

CODEX standards are not mandatory, they are only voluntary standards. However, according to Article 3 of the WTO SPS agreement, member countries are encouraged to harmonise national SPS measures with international standards. Therefore, non-availability of the CODEX MRL standards for some fruit and vegetable items as pointed out above, make the importing countries are unable to harmonise their own national standards because the CODEX is the universal guideline relating to MRL.

According to the article 2 of WTO SPS agreement, member countries have the freedom to adopt sanitary and phytosanitary measures as long as such measure are based on scientific principles, scientific evidence and non-discriminatory, among member countries. Therefore, importing countries can justify MRL levels varied from CODEX based on the above premise. However, the question is whether adoption of stringent MRL standards which exceed the CODEX standards is a hidden form of protectionism or not.

Improving

local capacity

Presently the majority of buyers that insist on MRL testing are from developed countries. Buyers from Maldives, Middle East and other developing countries are not that concerned about MRL testing although there may be exceptions.

But in future, with the increasing attention on consumer health relating to food items, MRL testing will be a mandatory requirement for all agricultural exports. Therefore, Sri Lanka has to prepare for such a situation by improving the capacity of both public and private laboratories in the country.

(This article is based on research carried out by the writer. The writer can be contacted via eranda1700@gmail.com.)

Uproar in House over assassination plot

2018-09-18 

Parliament erupted in heated arguments today over the alleged plot revealed by anti-corruption movement leader Namal Kumara to kill President Maithripala Sirisena and former Defense Secretary Gotabhaya Rajapaksa.

Joint Opposition leader Dinesh Gunawardane asked in parliament about the progress of the investigation carried out into the incident. MP Gunawardane said if the President was assassinated, the Prime Minister would function as the acting President until a new President was elected.

"It was a serious matter. This conspiracy should be thoroughly investigated and all those involved should be brought to book," he said.

Law and Order Minister Ranjith Maddumabandara said CID had launched an investigation into the incident and added that Namal Kumara had been questioned by the CID for 10 hours.

"His mobile phone which was said to have contained the alleged audio and video recordings had been taken into the custody of the CID. The unedited video and audio recordings had been requested for, from the media institutions," he said.

The Minister said TID's DIG Nalaka De Silva had been transferred to the IT Department of the Police on a request made by the CID.

JO MP Mahindananda Aluthgamage, who joined the cross talk said, the security of Namal Kumara has been removed and that it was reported there was a plot to send him overseas and requested the Law and Order Minister to provide him with police security.

JO MP Shehan Semasinghe said the transferring of DIG Nalaka Silva to the IT department was a threat to the investigations.

JO MP Sisira Jayakody alleged that Prime Minister Ranil Wickremesinghe was silent over the matter for which the Premier responded saying that he and the President had ordered for an investigation into the incident. (Ajith Siriwardana)

To my dearest Imran malli !

(Lanka e News – 18.Sep.2018, 11.30PM)

18th Sep.2018

To Imran Khan, Islamabad.

From Paget Road, Colombo

Dear Imran malli ,

From the time I learnt that you became the prime minister I have been itching to write a letter. My apologies for the delay .

Some time ago when you won the cricket world cup for Pakistan, you kneeled down on the pitch , kissed the ground , raised your hands to the sky and worshipped, I knew you will one day become the P.M. of your country. This is because many who kissed the ground for the cameras to capture their pictures became leaders of countries.Yet , you see without my kissing the ground and even after being told I will go six feet underground , I was made the president in my country , that is why it is said ours is the most wonderful country in the world.

Never mind all that. I am writing this letter because you are also following the simple path like me. My brother ,this simple path is not that simple. I thought I should proffer some advice to you.

If you have brothers , do not keep an axe close to them because there is a possibility for them to axe each other. If that happens your simplicity label can be torn asunder.

Imran malli (younger brother) , why didn’t you say , for your swearing in ceremony only Pakistan Rs. 500.00 was spent ? How can you become simple without telling that ? There is another thing , I am waiting until you visit a Bata shop to buy a pair of shoes. You stopped your official vehicle and convoy at the yellow pedestrian crossing and waved your hand with all your might at those around to show you are following the highway code to the letter. Malli, what you are doing is not enough to show your simplicity. Irrespective of whatever you are going to do later , during the first month of your premiership do those few things I told you .

It doesn’t matter . You are now with your third wife , aren’t you? On that side you are a maara ( wonderful) fellow. Where is such luck for us ? We have only the illegal avenues open . I am a maara expert when it comes to seeking that avenue. Aren ‘t there hotels with the name ‘Banana Leaf’ there ? If there are , buy some chappathi , parota and curries wrapped in a banana leaf ,come out and eat during lunch .

While eating , invite a journalist and tell ‘this is what was cooked by my third wife , which she gave wrapped in a banana leaf. It is only then people will think you are truly a simple, austere and innocent character. Listen to me malli , after all I am one who became president after eating hoppers. Interestingly ,now in Sri Lanka , serpents that gobbled eggs are preferring hoppers since that day .

As soon as possible get your party parliamentarians ,media personnel to the house of the former prime minister , and show the gold decorated latrines, Air conditioned toilets , swimming pool , gymnasium , expensive spoons and forks , swords etc. to the public through the media. Without people getting disillusioned with the former leaders you cannot become a simple leader.

The other trick of yours not to stay in the P.M.’s residence is splendid . Don’t stay there because sorcerers from India could have been brought there and an evil spell cast that could destroy whoever coming there . Start doing your work confining yourself to your home. Thereafter , like what I did , do ‘simple’ renovations to the house spending many millions of rupees in such a way you can live in it until your death. If possible annex the next door house too . I can show you how to do all that when you visit my Paget road residence.

Of course I need not teach you how to conduct business , yet just listen to me ..Without you getting involved , tell your brothers to do all the businesses. Your big malli can take over the Pakistan basmathi mafia. You also look out for a good son in law . Of course carry on your other deals . But woe betide , if you are going for a warship deal with Russia , make cock sure Pakistan e news is banned first . Otherwise they will leak out the entire racket . That is absolutely sure.

There is one more thing , never place your signature even if it is most important . Just put a spot . Questioned documents specialists will be able to detect nothing. Whatever you want , request by bowing your head. Don’t say a word because that can be recorded on the sly. You know well what good you do follows you .

Did you convene the cabinet ? Tell the media that you are not aware of the cabinet decisions. But because you understand English , I do not know whether what you say will be accepted. I have no issues since our media knows I do not understand anything on the days when the cabinet has sessions in English . It is on such days I have taken many important government decisions.

There is one more thing Imran malli , learn to tell you do not know anything and you saw it only in the newspapers. Learn to fasten the blame in any issue on somebody else , and save yourself . There is no law which says , when the ball is given , all six balls should be bowled. By bowling ‘no balls’ , ‘wide balls’ you can drag on. When speaking about the ball I am reminded of another thing. All these years you became famous by bowling the ball , but now if you want to become a simple leader practice ‘ball scratching’ and ‘ball manipulating ’ which we call ‘bola bassanawa’ in our country. If you want a good coach for that , come to SL.

Imran malli , I am telling most lovingly, at the next Pakistan freedom day celebration remember carefully , how many years it is after Pakistan received its independence ..

Malli , I was waiting to ask this from you. Truly was it you who conducted the campaign ? Or a leader of another party did it for you, and your sordid biddings ? In that event , soon after your victory get that rascal who pelted stones at that leader’s head office , and make him your co ordinating secretary. Otherwise the leader of that party will try to rule you. Malli remember this well , ‘ enemy ‘s enemy is a friend’ only during the time of war only. Thereafter, if you make ‘friend’s enemy a friend’ , then and only then a grama sevakaya can become a president .

I came to know you have a daughter by your third wife. You are indeed lucky. Through that daughter get a book ‘prime minister bappa’ (prime minister uncle) written. If the daughter cannot , there are plenty of people with you who are engaged in advertising . Also create opportunities to your daughter to do business.

Though you may not know, the daughters of president and prime minister have entrepreneurship skills from birth. Those come to the open later.

If by any chance the girl is addicted to heroin even somewhat , make capital punishment mandatory to heroin dealers .Then everything will be alright. I am telling this because you told you have a daughter. Even if you have contracted the most serious disease don’t get the doctors home. Doctor will definitely do what he wants at the expense of your daughter – plumb her depths and even go beyond .What you will have to do is scold him in filth , chase him off and take treatment from the Pakistan army hospital. Every morning take a walk near Pakistan independence square so that people will see you. Even if all the limbs are broken show to the country you are as fit as a fiddle.

Imran malli , in conclusion I have to tell one more thing. If you want any advice in regard to scientific allocation of cabinet portfolios , give me a call before 10.00 in the night. My gosh ! the time is 10.30 . I must go to bed. Good night !

Yours

Your own ‘simple pal ’

Paget Road Gamarala

P.S.

Imran malli , when you are associating with women , be cautious , never drive yourself into a spot - into a DNA examination. But I know you are innocent Malli – this I just wrote.

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by     (2018-09-18 21:56:26)