Rajani’s Questions The Tamil Elite Have Refused To Answer

By Rajan Hoole –SEPTEMBER 21, 2018

Dr. Rajan Hoole

Rains and early gloom harbinger the dying year. Fields are ploughed and sown in readiness for the earth’s renewal and the yield of her bounty. It was at such a time that Rajani Thiranagama was killed by the LTTE twenty-nine years ago. Her questions and aphorisms often challenged our assumptions at their core. The following Appeal authored by her in October 1988 appeared in Laying Aside Illusions signed by 50 academics in the common room of the University of Jaffna: 

“We have to examine not only our relations with the Indian and Sri Lankan States, but also ourselves. Our obeisance to terror within the community, our opportunism and lack of principles in the face of many internal killings, have made it easy for external forces to use the same weapons to control us. In the face of our acquiescence to anti-democratic tendencies within the community, our plea for democracy becomes a meaningless exercise. Many individuals and young persons who voiced criticism of the political forces have been victimised, driven away, or killed while we looked on.”

Displayed in that very common room are photographs of our late academics since the inception of the University. The exclusion of Rajani’s picture has been commented upon by visitors for many years. The university authorities in 2014 (I think in retrospect it is wrong to single out the Vice Chancellor) blocked the observance of the 25th Anniversary of her murder while in harness. Her conducting examinations to a timetable made it easy for the killers to plan her murder.

Rajani

A short stroll away from the common room, the 31st Anniversary of the LTTE’s Thileepan, whose ‘Gandhian’ fast to death under duress, to enable the Leader to snatch a political prize, was, this fall, celebrated as act of martyrdom in a grand ceremony; where the Vice Chancellor gave the lead. A few days later the installation of a monument to the LTTE-inaugurated ‘Tamils Arise’ (Pongu Thamil), was likewise graced by senior university officials.

The result is surreal. These proceedings take place under the tolerant eye of the Sri Lankan security forces, the same forces that in 2014 stopped the Medical Students Union’s commemoration of Rajani by issuing a threat to the Dean by phone. 

The same university officials, who are prominent at current ceremonies glorifying the brutal extreme of Tamil Nationalism, put on a different face when dealing with the powers that be in Colombo, by whose tolerance the University continues its course of congenial decay. Its keeping out well qualified academics in order to reinforce a closed tradition of mediocrity, is in keeping with Pongu Thamil and its cult of heroism by which the most intimate and poignant aspects of our history have been reduced to gossip. That is one reason why Rajani is anathema.

As a medical doctor in 1982, when hardly anyone else was willing, Rajani readily went in the night to nurse and save the life of Seelan, a favourite of the LTTE leader, who suffered an accidental gunshot injury (see Palmyra Fallen). About two years later in England, she learnt of the internal brutality and intolerance of the movement, and how Seelan was driven to harbour a death-wish, bitterly regretting his actions: In particular his murder of PLOTE’s Sundaram (‘who was a freedom fighter like me’) at the Leader’s behest. Seelan had remained in a marked camp in Themaratchy despite urgent entreaties to vacate and was ambushed by the Army in July 1983.  

Read More

SRI LANKA:POLITICAL PRISONERS AND COUNTER TERROR LAWS – RUKI FERNANDO

23/09/2018

On 14th September, eight Tamil detainees in the Anuradhapura prison, detained under the Prevention of Terrorism Act (PTA) since around 2009 commenced a fast. Their cases are yet to be concluded, with a major reason for delays being the non-attendance of officials from the Attorney General’s department who are prosecuting the cases. One of the cases has not had a hearing for about 5 years. They are demanding to be released or be subjected to short term “rehabilitation” – a form of detention that doesn’t entail a judicial trial and sentence.

The term ‘Political Prisoners’ is used in relation to those detained under the Prevention of Terrorism Act (PTA). The Government rejects the term ‘political prisoner’, insisting that cases need to be resolved through legal than political perspective, though the crimes these detainees are suspected to have committed have a political context involving an armed struggle with political objectives. The Opposition leader, who is also the leader of the Tamil National Alliance (TNA) has stated in Parliament that “these cases have a certain political dimension and cannot be addressed as purely as a legal issue” and that “circumstances of not addressing the national question reasonably makes it obligatory to address this issue politically”.[1]

Examples of prolonged detention

Prolonged detention has been a hallmark of detention. In the last few years, men and women have been acquitted as not guilty after being detained under the PTA for as long as 15, 10 and 6 years.[2]A 2015 report indicated that as of early 2015, there were persons in detention for 18-19 years under the PTA without having their cases concluded and that it has taken up to 15 years to even file charges in some cases[3]. The National Movement to Release Political Prisoners has indicated there are 107 political prisoners as of now. A July 2018 document provides more details, such as;

* Up to 7 year’s detention without charge being filed

* Up to 13 years detention without completion of trials

* 46 against whom charges have been framed without their cases being concluded – with 16 of them being in detention for 10-13 years

* Another 13 have not even been charged – with 6 being in detention for 5-7 years

They are being held in 10 prisons in Colombo, Negombo, Mahara, Anuradhapura, Kandy, Batticaloa, Polonnaruwa and Moneragala. There are also 37 who have been convicted and 17 who have appeal cases pending. Some have been detained for 15-17 years before being sentenced. The severest sentences range from death sentence, life sentence, 600 years, 200 years and lesser sentences ranging from 1.5 years to 6 years.

Even some who had been released after going through the Government’s rehabilitation for those connected with the LTTE, have been re-arrested. In the case of two such detainees, they were re-arrested in 2010 and charges filed in 2013. After a few months, the Attorney General (AG) had withdrawn the indictment to change the charges. On Feb. 21, 2016, the three suspects had started a hunger strike. They had been brought before courts 36 times by this time. They stopped the hunger strike based on a commitment by the AG to present the amended indictment before courts within 2 weeks. But the amended indictment was only presented to courts in June 2017.

Re-arrests and transfers

Subsequently, the AG had informed them that the case will be transferred to the Anuradhapura High Court, which led to two of them, along with another accused, starting an another hunger strike, demanding the case to be brought back to Vavuniya High Court, insisting they will not be able to get a fair trial in Anuradhapura. The language of the courts in Anuradhpura is Sinhalese, while the language of the Courts in Vavuniya is Tamil. The three Tamil suspects does not understand Sinhalese. It is also very difficult to obtain legal representation for Tamil political prisoners in a Sinhalese majority area like Anuradhapura, and in this particular case, the senior counsel for the three suspects had refused to appear in Anuradhapura.

There is an ethnic bias in transfer of cases of Tamil suspects and accused from Tamil majority North and Eastern provinces to Sinhalese majority areas. When the complainants / victims were Tamils and the accused have been Sinhalese military personnel, cases were transferred on basis of security of accused. In the past, courts in Sinhalese majority areas had accepted confessions made by suspects in detention, whereas Courts in Tamil majority North have rejected such confessions.

Past protests and promises by politicians

In April this year, the “speedy release of all Tamil political prisoners” was one of the ten guarantees the TNA had reportedly sought when they had supported the Prime Minister during No Confidence Motion.[4] In July, TNA leader had promised activists to speedily resolve the problem of political prisoners. According to an activist, a Tamil Minister has not responded for a week to requests for a discussion after the latest fast had commenced. TNA MP and spokesperson Parliamentarian M A Sumanthiran had visited the detainees presently engaged in the fast and taken up the matter with the Prime Minister, but there has been no response yet.

Fasts and protests by political prisoners in Sri Lanka have been common, including in 2015, 2016, 2017 and now 2018. After the 2015 protests, bail was granted to about 40 detainees. Last year, it took a fast of more than a month by three detainees to correct an unjust transfer of cases from Vavuniya to Anuradhapura. When detainees resort to drastic steps such as fasts and protests, there is temporary interest among politicians, media, activists and international community, but momentum and interest had often been lost afterwards, until another fast or protest is initiated by desperate prisoners. The negative impacts on mental and physical health of detainees and their families due to regular fasting is likely to be high, coming on top of the inhumane and degrading treatment and torture they are usually subjected to.

Negative impacts of the PTA

The PTA had resulted in arbitrary arrest, prolonged detention without charges, long drawn out court cases and multiple cases against one suspect. Mental and physical well-being of detainees have been severely affected due to long term detention and as a result of rigorous interrogation, cruel, inhumane and degrading treatment and torture. Many detainees have spent most of their youth behind bars. The stigma attached to having been a “terrorist suspect” lingers even after they are acquitted or released by Courts, with society still considering them guilty.

There have been many cases of forced/coerced confessions where the detainee had not even known she/he was signing a confession as she/he could not understand the language it was written in. The detainees currently on a fast have claimed that the only evidence against them are forced confessions.
A 2018 UN report indicated that 80% of those arrested under the PTA in late 2016 had complained of torture and physical ill-treatment following their arrest, in cases which were later dealt with under ordinary criminal law.[5] The same report quoted the most senior judge responsible for PTA cases as saying that in over 90% of the cases he had dealt with in the first half of 2017, he had been forced to exclude the essential confession evidence because it had been obtained through the use or threat of force. The judge in special High Court in Colombo had been quoted as saying he had only been able to accept one out of eleven confessions as evidence, while in Anuradhapura, out of fourteen cases, twelve were said to have been based solely on unreliable confessions.

The PTA has been used against opposition politicians, journalists and rights activists to suppress dissent. I have also been arrested and detained under the PTA and along with others such as Balendran Jeyakumary, and we are considered terror suspects more than four and half years after our arrests.

Do we need a PTA or any counter-terror laws?

The present Government promised to repeal this law more than three years ago. But it is still being used and there is no date announced for it’s repeal. Instead, the Government had engaged in secret processes to draft laws that would replace the PTA. Media reports earlier this month about a draft counter – terror law approved by Cabinet indicates that problematic clauses such as admission of confessions made to Police and enabling the Defense Ministry to be the authority to implement the provisions of this bill as a piece of legislation dealing with national security will be introduced at the Parliamentary Committee stage, eliminating possibilities of judicial review of such amendments.[6]
However, a more fundamental question is whether we need any counter–terror laws. There is wide-ranging powers available under the Public Security Ordinance, the possibility of including new offences under ordinary law, powers of Magistrates to deny bail in a variety of situations etc. Counter-terror laws provides the executive and security establishment extraordinary powers with minimal checks and balances as well as discretion usually vested with the judiciary, negatively affecting life and liberty, rights and dignity of persons, often serving as a license for enforced disappearances and torture.

Comparisons have also been made to the way detainees were treated in relation to the JVP insurrections, highlighting that Sinhalese political prisoners connected to JVP insurrections were released faster or pardoned than political prisoners connected to the LTTE, the vast majority of whom are Tamil. Protests, including fasts unto death, have been held regularly across the country, including by detainees themselves and their families, and discussions have been held with politicians, but with very little results. Until solutions are found for all political prisoners, both through legal and political processes, and unless we stop resorting to counter-terror laws, reconciliation and democracy will remain distant in Sri Lanka. Most urgent, and immediate, is to respond constructively to the ongoing fast in Anuradhapura. Blurb

The term ‘Political Prisoners’ is used in relation to those detained under the Prevention of Terrorism Act (PTA). The Government rejects the term ‘political prisoner’, insisting that cases need to be resolved through legal than political perspective, though the crimes these detainees are suspected to have committed have a political context involving an armed struggle with political objectives.

[1] http://srilankabrief.org/2017/10/tamil-political-prisoners-in-sri-lanka-…

[2] https://twitter.com/rkguruparan/status/923671056300339200 and http://groundviews.org/2015/10
/05/court-acquits-tamil-mother-after-15-ye…

[3] http://groundviews.org/2015/09/05/pta-detainees-ignored-under-yahapalanaya/

[4] http://www.dailymirror.lk/article/TNA-s-key-role-in-defeating-no-confide…

[5] https://www.ohchr.org/Documents/Countries/LK/Sri_LankaReportJuly2018.PDF

[6] http://www.dailymirror.lk/article/Cabinet-nod-for-Counter-Terrorism-Bill… Attachments area
(First published  in Sunday Observer , 23 Sep 2018)

Nagarkovil massacre commemorated in Jaffna

Tamils in Jaffna commemorated the 1995 Sri Lankan air force bombing of a school this week, as calls for justice for the massacre continue.

23Sep 2018

Commemorations were held at the Nagarkovil Mahavithiyalam school in Jaffna to mark the 23rd anniversary of the massacre.

At least 39 people, including 21 students were killed, and almost 200 injured in the bombing by Sri Lankan air force jets. The bombing, which occured under the presidency of Chandrika Kumaratunga, was widely condemned. 

Kumaratunga now heads Sri Lanka's Office for National Unity and Reconciliation and was recently awarded France's highest national honour, despite the allegations of war crimes. 

Related Articles: 

21 September 2018 : Chandrika awarded French national honour despite overseeing war crimes

02 October 2017 : TNPF begin signature campaign for justice for massacred Tamil children

23 September 2017 : Nagarkovil school remembers victims of 1995 bombing by Sri Lankan Air Force

23 September 2016 : Flowers and prayers for victims of Nagarkovil massacre

MMDA: Muslim MPs give green light for women Quazis

RUWAN LAKNATH JAYAKODY-10:29 AM SEP 23 2018

Muslim Parliamentarians, including Ministers, have as part of the proposed Muslim Personal Law reforms agreed that qualified women of eligible age can apply to be selected and appointed by the Judicial Service Commission as Quazi/Qadi Judges under the Muslim Matrimonial Law.

Muslim MPs including Ministers have also agreed to have 16 years as the minimum age of marriage for females and 18 for males under the proposed amendments to the MMDA, Act No. 13 of 1956, which is presently under discussion.

“The Quazi’s status is  a responsible position and it is recommended that they be made judicial officers as in regular Courts. Therefore, competent persons with qualifications should be appointed.

 There is no gender issue. We see this in a progressive manner.

 Having women Judges in Courts when sensitive issues such as divorce is taken up, will make women more comfortable. But religious leaders, the All Ceylon Jamiyyathul Ulama (ACJU) hold a conservative view in this regard. There are madhhabs (schools of thought within Islamic jurisprudence) such as the Sunni schools of thought - Shafi’i, Hanafi, Hanbali and Maliki that are applicable in this regard and take up differing positions on this issue. Islam means justice to everybody and definitely there should be no injustice to females and children in Islam,” Moulana noted.

Consensus on these matters were reached among Muslim MPs including Ministers at a discussion held on Thursday (20) at the Parliamentary complex which according to Moulana, also attended by State Minister A.H.M. Fowzie, Minister Rauff Hakeem,  M.A.M. Mahrooff, and M. Mujibur Rahuman among others. Although Minister Rishad Bathiudeen was absent, his views were represented at the discussion by Deputy Minister Ameer Ali Shihabdeen and MP Dr. S.M. Mohamed Ismail, Moulana further said.

The report of the 18-Member Committee to Consider and Propose Reforms to the Muslim Matrimonial Law, the latter which was appointed in 2009 and chaired by retired Supreme Court Judge, Saleem Marsoof(PC), which was handed over to Minister of Justice, Thalatha Atukorale this year, was taken up for discussion at the meeting, along with the recommendations made by the ACJU.

With regard to arriving at a consensus and achieving a compromise on women quazis, Marsoof PC and former Court of Appeal Judge and present Consul General - Saudi Arabia, A.W.A. Salaam are to be officially invited to Parliament for a meeting cum discussion to be held on 11 October or on 23 October with Atukorale, Muslim MPs including Ministers and the ACJU, in a bid to convince the ACJU in this regard, Moulana explained, adding that other MMDA reforms-related matters too would be dealt with comprehensively on the day.

Qualifications refer to a professional education-related background in Theology and Islamic Jurisprudence (fiqh). Although not mandatory, it has been agreed on that it is preferable that the applicants are Attorneys-at-Law. The eligible age is between 40 and 65 years of age.

 Retired Muslim school principals who are expected to possess general knowledge of Islamic law would also be considered, Sri Lanka Muslim Congress Batticaloa District Parliamentarian and Deputy Minister of National Integration, Reconciliation and Official Languages, Seyed Ali Zahir Moulana, speaking to Ceylon Today on Friday (21), further added. The same qualification criteria is applicable to males, he said.

 Muslim MPs including Ministers have also agreed to have 16 years as the minimum age of marriage for females and 18 for males under the proposed amendments to the MMDA, Act No. 13 of 1956, which is presently under discussion.

“The Quazi’s status is  a responsible position and it is recommended that they be made judicial officers as in regular Courts. Therefore, competent persons with qualifications should be appointed.

There is no gender issue. We see this in a progressive manner. Having women Judges in Courts when sensitive issues such as divorce is taken up, will make women more comfortable. But religious leaders, the All Ceylon Jamiyyathul Ulama (ACJU) hold a conservative view in this regard.
 There are madhhabs (schools of thought within Islamic jurisprudence) such as the Sunni schools of thought - Shafi’i, Hanafi, Hanbali and Maliki that are applicable in this regard and take up differing positions on this issue. Islam means justice to everybody and definitely there should be no injustice to females and children in Islam,” Moulana noted.

Consensus on these matters were reached among Muslim MPs including Ministers at a discussion held on Thursday (20) at the Parliamentary complex which according to Moulana, also attended by State Minister A.H.M. Fowzie, Minister Rauff Hakeem,  M.A.M. Mahrooff, and M. Mujibur Rahuman among others. Although Minister Rishad Bathiudeen was absent, his views were represented at the discussion by Deputy Minister Ameer Ali Shihabdeen and MP Dr. S.M. Mohamed Ismail, Moulana further said.

 The report of the 18-Member Committee to Consider and Propose Reforms to the Muslim Matrimonial Law, the latter which was appointed in 2009 and chaired by retired Supreme Court Judge, Saleem Marsoof(PC), which was handed over to Minister of Justice, Thalatha Atukorale this year, was taken up for discussion at the meeting, along with the recommendations made by the ACJU.

With regard to arriving at a consensus and achieving a compromise on women quazis, Marsoof PC and former Court of Appeal Judge and present Consul General - Saudi Arabia, A.W.A. Salaam are to be officially invited to Parliament for a meeting cum discussion to be held on 11 October or on 23 October with Atukorale, Muslim MPs including Ministers and the ACJU, in a bid to convince the ACJU in this regard, Moulana explained, adding that other MMDA reforms-related matters too would be dealt with comprehensively on the day.

Ian Paisley Jr’s Sri Lankan Beach Holiday: On Mediocrity, High Costs & Public Disregard  

By Chamindra Weerawardhana –SEPTEMBER 23, 2018

Dr. Chamindra Weerawardhana

The best authority for luxury Sri Lankan sun holidays in Northern Ireland, Ian Paisley Jr. caused controversy last July, when he was suspended for 30 sitting days from the British House of Commons, for breaching parliamentary rules, by not disclosing the details of his luxury Sri Lankan escapades, all paid for by Sri Lanka’s Rajapaksa administration. For more information about the exact circumstances surrounding the two all-expenses-paid-for luxury trips offered to Paisley Jr by the Government of Sri Lanka and resulting repercussions, click here, for this writer’s article published in The Colombo Telegraph on 21st July 2018. It has since emerged, in Sri Lankan political circles, that the real cost of the two trips would be much higher than the GBP 100,000 mentioned in the British and Irish press. 

Paisley’s Sri Lankan sojourn provides insights into the mismanagement of Sri Lankan foreign policyunder the Rajapaksa administration [Dec 2005-January 2015]. As this writer has repeatedly argued, shady partnerships with controversial politicians representing socially conservative political parties should not have any place whatsoever in foreign policy praxis. In the end, the luxury trips to Sri Lanka, the sun holidays and lobbying with Paisley Jr, a few other British Conservative MPs and peers, and politicos sharing similar ideologies in other countries did not bring Sri Lanka a single foreign policy victory. Foreign affairs mismanagement, and accommodating space for highly incompetent individuals to manage foreign policy, happened to be the key factors that led to the ultimate downfall of the Rajapaksa administration in early 2015. 

The Paisley case is no coincidence, and its unfolding says a lot about Paisley Jr and his party, the Democratic Unionist Party, one of the most regressive, socially conservative, misogynist, and to put it simply ‘backward’ parties in Western Europe. The DUP is the main obstacle that prevents the extension of progressive Westminster legislation to Northern Ireland. The best example is the 2013 Marriage [Same Sex Couples] Act, which does not apply to Northern Ireland, primarily due to DUP opposition.

The DUP’s intransigence is the main political reason why Northern Ireland continues to stick to some of the most outdated abortion laws in Western Europe. The fact that these laws of yesteryear should and can be successfully repealed and replaced by modern, respectful and equity-focused legislation, was evident in the successful 2018 #Repealthe8threferendum campaign in the Irish Republic. In Northern Ireland, there is tremendous public support to the implementation of modern, bodily autonomy-focused reproductive justice legislation. But that public support cannot be transformed into political action and actual legislation, for as long as the Province’s largest political party, the DUP, clings to its dinosaur-era perspective on women’s rights.

The Paisley Jr Recall Petition: A Failure

A ‘recall petition’, to oust Paisley Jr and call for a by-election in his constituency of North Antrim, was put in place as soon as the controversy broke in London. 

It was reported earlier this week that Paisley Jr’s star was good. 

The recall petition fell short of the 10 per cent of electorate signatures required to force a by-election. In Paisley Jr’s constituency of North Antrim, this means a total of 7,543 signatures. The petition fell short of a mere 444 signatures, enabling Paisley Jr to avoid a by-election and retain his Westminster seat. The announcement came from Northern Ireland’s Chief Electoral Office Virginia McVea on 20thSeptember 2018. 

Read More

Assassination bid is Sirisena’s own orchestration !

(Lanka e News – 23.Sep.2018, 7.45PM) At the bottom of the so called conspiracy allegedly hatched by DIG Nalaka Silva to murder the president which came to the open through a police informant, is none other than the president himself , it is reported. This is a sequel to a plan of the president to relate a cock and bull story (for which he is most famous) pertaining to reconciliation in the country ,and paint a picture that he is a radical , at the 73 rd general session of the UN which is scheduled for 24th September. That is ,Sirisena is to narrate his ‘radical tale’ (after hiding his ancestral tail ) cashing in on the sympathy evoked in his favor following the so called conspiracy to assassinate him .

His speech revolving around law and order, reconciliation and vision for the future , is so decorated it will be most plausible and hair raising to the listener. The final aim and objective is to get down high profile world leaders like Trump to the country in which direction Mahinda could not succeed, and to portray that a partner in the assassination conspiracy is the prime minister with a view to get rid of him in the final part of Sirisena’s plan and plot.

Namal Kumara was a former air force soldier , a police informant and a Bodhu Bala Sena (BBS) activist . BBS was formed to oppose Mahinda and was a strong arm which masterminded more foul than fair operations. Now the same BBS is on the side of Sirisena .

It was Namal Kumara who apprehended the extremists when they staged protests against the Rohingya refugees and those associated with the riots in Kandy. Though the accusing fingers pointed at Champika Ranawake , Lanka e news always espousing and exposing the truth frankly , fearlessly and forthrightly proved with evidence it was Maithripala Sirisena who was at the bottom of the conspiracy in the Kandy violence ,and not Champika.

It is a well and widely known fact Namal Kumara in the past betrayed Amith Werasinghe of the Mahason Balakaya most treacherously . On the day of the Kandy riots Namal Kumara arrived at the home of Amith and ate the food prepared by Amith’s wife . It was Namal who brought petrol bombs to the house , yet after having dinner , in the night when all have gone to sleep , tipped off the police.

Such an inhuman ungrateful beats would resort to any villainy and treachery any time. Based on the staged drama of president’s assassination , Namal Kumara has now got an Indian linked to it.

It is unfortunate Sirisena plans to win the sympathy of the world at the 73 rd session of the UN , and eliminate the P.M. are just a pipe dream relying on what are in his hands not realizing those are going to explode in those very hands. These are just comedy dramas from the point of view of the world while bringing embarrassment to the country from the standpoint of Sri Lankans.

---------------------------
by     (2018-09-23 14:23:48)

Sri Lanka’s RTI report card: fair, but can be better

BY NALAKA GUNAWARDENE-Sunday, 23 Sep 2018

Opinion

The International Day for the Universal Access to Information (also known as the World Right to Know Day) is observed every year on September 28. This provides Sri Lanka an opportunity to take stock of how its Right to Information (RTI) law is working.

It was in June 2016 that Sri Lanka became the 108th country in the world to pass a law that allows citizens to demand information from all governmental institutions. Indeed, RTI is one of the few promised political reforms that the national unity government fully implemented.

As citizens were able to file RTI applications from February 2017, we now have around 18 months of experiences in exercising this new right. As both a watcher and promoter of this process, I find we are headed in the right direction – even though the road to an open government is a bumpy one.

There still are detours and road blocks along the way which require careful navigation. RTI is a marathon, not a print where we need to sustain momentum and ensure that there would be no backsliding.

RTI supply side

As a transaction between governments and citizens, RTI has both a ‘supply side’ and a ‘demand side’. For the over process to work, both sides need to be strengthened and synchronized.

As custodians of public information, the government is responsible for RTI’s supply side. This means several thousand ‘public authorities’ at central, provincial and local government levels have to comply with the RTI law. These include government ministries, departments, state corporations, other statutory bodies, provincial councils, local government bodies and courts.

Jagath Liyana Arachchi, a lawyer who has trained thousands of public officials and civil society activists on RTI, says RTI implementation has not led to a confrontation between citizens and officials as was initially feared. “Most public authorities have become RTI compliant, and are doing their best to meet citizens’ information requests – even though there are practical challenges of records management and archiving in many institutions.”

Some RTI activists say that despite various training programs and administrative circulars, gaps remain in public officials’ attitudes, capacity and readiness to respond when citizens ask for information.

Accustomed to decades of ‘closed government’, some officials are still trying to play hide-and-seek with RTI applications. Others follow the letter of the law but not its spirit.

For example, in April 2017 a reporter from a leading Sinhala daily filed an application with the Bureau of the Commissioner General of Rehabilitation asking for cumulative statistics on rehabilitated ex-LTTE combatants. The Commissioner General had called the reporter after two days demanding to know why this information was being sought (a seeker of information under RTI need not cite any reasons). Ultimately, the RTI Commission – set up under the Act to investigate appeals against noncompliance – ordered the official to release the information.

Up to 14 September 2018, the RTI Commission had received 951 appeals from persistent citizens who refused to take ‘No’ for an answer, its director general Piyatissa Ranasinghe told a media workshop last week. Of these, 690 had been investigated, and rulings given out on 420 appeals. In a vast majority of appeals (96 per cent), the Commission ordered full disclosure of information that was initially declined.

These rulings have sent a clear message to public authorities: RTI is not a choice but a legal imperative. They must fall in line -- or face penalties specified in the law (to-date, however, the Commission has only admonished recalcitrant public officials but not punished them).

RTI demand side

Sustained public pressure is vital to ensure that all public authorities comply with the RTI law. RTI is a process where citizens have to exercise their right – and government only responds. Experiences across Asia show that the more RTI is used by citizens, the sharper and stronger it becomes.

And Lankans from all walks of life are realizing RTI’s potential. Citizens who have been denied clear or any answers to their pressing problems – ranging from missing persons and land rights to state subsidies and school admissions – are using RTI as an additional tool to seek answers.

The Ministry of Mass Media, mandated by the RTI Act to promote RTI, says an average of around a thousand new RTI applications are filed across the country each month. Accumulated data is not yet available to determine how many of these applications succeed.

But RTI promoters agree that relative to our population size, we are off to a good start. Mathuri Purujoththaman, lawyers and former legal researcher at the RTI Commission notes: “The way ordinary citizens have opened up to and placed their faith in RTI and creatively used the process in the last 18 months has been truly encouraging and is an important reason for the success of the law.

This creative thinking needs to be publicised since it serves as an encouragement for others to think out of the box and achieve victories -- however small -- as that is what will truly lead to good democratic governance.”

It is hard to assess the levels of public awareness on RTI without doing a large sample survey (apparently one is being planned). However, anecdotal evidence indicates that most Lankans have at least heard about RTI -- even if many are not yet fully clear about the details or technicalities.

But much more needs to be done: citizens need to see RTI as a tool for solving their problems – both private and public grievances – and be motivated to file RTI applications. For this, they must overcome a historical deference towards government, and start demanding answers more vociferously.

Interestingly, hundreds of public servants have been filing RTIs themselves to seek information related to their employment – such as promotions, transfers and salary increments – that they cannot find out easily.

Among other notable users of RTI are some journalists and civil society activists who have been filing multiple applications in the public interest.

RTI use among journalists is still not widespread. Promisingly, some younger journalists have been producing impressive stories – on topics as varied as bungled disaster responses, mismanaged waste disposal projects, police brutality, and irregular public procurements – based on what they uncovered through RTI applications. Such investigative stories involve weeks or months of persistence and ground-truthing official information obtained via RTI.

Tharindu Jayawardena, a reporter with Lankadeepa Sinhala daily, has so far filed 300 RTI applications and has had responses to one third of them leading to multiple investigative stories. He has also won several appeals at the RTI Commission. Dileep Amuthan, working for the Uthayan newspaper in Jaffna, is another leading RTI user – and a regular appellant at the Commission.

Remaining hurdles

RTI in Sri Lanka may not yet have opened the floodgates of public information, but the bureaucratic dams are slowly but surely being breached. But challenges remain.

The RTI Act says that, “in the event of any inconsistency or conflict between the provisions of this Act and such other written law, the provisions of this Act shall prevail.” But secrecy and confidentiality provisions residual in colonial and post-colonial laws still needs to be weeded out.
A recent study by the Centre for Policy Alternatives (CPA) has identified dozens of such laws, some of which could limit the operation of RTI. “Greater openness and transparency in government requires the removal of legislative, administrative and other barriers which impact decision making on reactive and proactive information disclosure,” the report says. Report online: https://bit.ly/2xuzhTW

The RTI law also requires all public authorities to proactively disclose important and relevant information about their core functions. Sixteen types of information that must be so disclosed are listed in RTI regulations gazetted in February 2017. But very few public authorities comply adequately.

A baseline assessment commissioned by the World Bank in late 2017 probed the level of online proactive disclosure of all central government ministries through their websites. The assessment, done by Verite Research, found only a marginal level of compliance. Report
online: https://bit.ly/2Dk617J

As we mark the RTI Week in Sri Lanka, those who seek openness and transparency in government have miles to go before they can sleep.

Science writer Nalaka Gunawardene works with both government and civil society groups in promoting RTI. 

Jayantha Jayasuriya Who Argued Sirisena Could Continue Until 2021 Likely To Be Next Chief Justice

SEPTEMBER 23, 2018

Jayantha Jayasuriya, the Attorney General who opined that President Maithripala Sirisena could continue in office until 2021 despite the 19th Amendment to the constitution, is currently the front-runner for the position of Chief Justice.

The question of next Chief Justice has come to the fore as Priyasath Depp, the incumbent CJ, is expected to retire from office next month, having served his full termed.

Jayantha Jayasuriya -Attorney General

Sources close to President Sirisena confirmed that he preferred Jayasuriya to take up the position as the Chief Justice. Sirisena is likely to proceed with the appointment upon his return from the United States next week.

Although an Attorney General ascending to the post of Chief Justice is not unprecedented in Sri Lanka, Jayasuriya’s possible appointment is expected to ruffle feathers at the top level of judiciary.

Jayasuriya’s affiliation with Sirisena was grotesquely manifested in the AG’s submission to the Supreme Court when the President sought opinion whether, in terms of Provisions of the Constitution, he had any impediment to continue in the office of President for a period of 6 years from 9th January 2015, the date on which the result of his election to the office of President was declared.

The Attorney General appearing with Additional Solicitor General Murdu Fernando and Deputy Solicitor General Nerin Pulle submitted that the incumbent President was elected by the people for the office to the term of 6 years. It is the sovereignty of the people who exercise their franchise to elect him as President.

“The power emanated from the franchise of the people. The commencement of his office should be considered from the date on which he is elected” Jayasuriya stated, adding that it was the Constitutional structure where the incumbent President was elected.

“The 19th Amendment to the Constitution is operative after the incumbent President was elected for a term of 6 years by the people, ” the AG submitted.

At that point, Jayasuriya’s submission earned ridicule from a large section of the legal fraternity as the 19th Amendment clearly stated its position on the incumbent President.

Read More

Damning expose`- Baneful politicians a curse for the country obstruct a huge 1000 billion investment boon ! -Malik and Sujeewa demand 25 million Euro as commission !!

(Lanka e News – 23.Sep.2018, 2.52PM) Here is a most shocking revelation which would shake the entire country to its foundation ! Because of the avarice for illicit commission of rascally traitorous politicians a massive investment project which would earn for the country euro 5 billion annually (Rs. 1000 billion approximately!) , provide direct employment to 22500 Sri Lankans and a further 40000 employment opportunities indirectly , has been villainously delayed for nearly two long years !

The colossal investment involves the manufacture of power coaches (electric trains) necessary for the world .The investors are only making one request in regard to this from SL. They only want 2000 acres of land . Another 2000 acres of land they will be purchasing here. The initial investment is US dollars 500 million .

If it was in any other country , when there are prospects of such a huge investment which is a boon to the country , those responsible would cast aside all other engagements and would fully devote their time and energy to make sure the investment is clinched for the benefit of the country. Sadly however in SL , minister of foreign investment and State minister Malik Samaraweera and Sujeewa Senasinghe respectively are obstructing and delaying this project for nearly two years because the illicit commission of 25 million Euros  they demanded had been refused.

It is a pity it is only in this rare country where the ruthless savagery of political scoundrels co exists with the gullibility and docility of the people so much so that the worst crooked and corrupt politicians are able to successfully masquerade as greatest patriots .

The chairperson of Ceylon High Speed Railways Co. Ms. Anushka Renu in connection with this investment has sent a letter to president Maithripala Sirisena expressing her woes and the injustice she is facing consistently. ( Renu is not aware Sirisena occupies top most berth when it comes to grabbing illicit commission ).

It will be pertinent to reveal a salient fact in this regard : Sirasa of Kili Maharaja , a company which is virtually an intimate and integral part of president Sirisena’s underwear has made a most bizarre proposal relating to this project. That is , a veiled extortion threat that if Maharaja Co. is not made a share holder of this project, there is room for the Maharaja’s media chain to sling mud viciously against it.

Sujeewa Senasinghe who parades as a paragon of virtue has gone to Italy to meet the prospective investor to convince he is ‘a smart individual who does not rob’. While making this ‘smart’ claim he has appointed a personal crony and henchman of his by the name of Dilip Vethamanikkam residing in Italy to negotiate the illicit commission deal with the Ambassador in Italy .

Malik Samarawickrema too has sent Duminda Ariyasinghe , the Director general of the Board of investment along with Mahinda Ramanayake another notorious businessman of the Blue brigand to Italy to meet the investors . Duminda has told , if the investment project is to go through , everything should be done according to what Ramanayake says.

Malik and Sujeewa have requested their Euro 25 million illicit commission through the intermediaries brought in by them . Ariyasinghe the director general of the investment board who is dancing according to the tune of Malik and Sujeewa has told the investors , whether the investment goes through or not, they will be receiving their salaries.

Vis a vis the manipulations and machinations of these two Illicit commission seeking crooks (ICSCs) to the detriment of the country , it is a vital question whether these two most dishonorable rascals from the cesspit of corruption can be permitted to continue as ‘honorable’ ministers of the cabinet any longer? It is for the people to decide whether self centered rascals like ‘antique’ Malik who has outlived his utility on earth and has no popularity base should be mollycoddled or kicked in the arse and thrown out.

Renu the chairperson of Ceylon High Speed Railways Co. has in her letter to the president exposed in detail all the sinister motives and the sins committed by these two sinning political scoundrels . The equipment and machineries already purchased and the letter of concurrence of the investors sent to the investment board way back two years ago are in the photographs herein . They can be viewed by magnification.

---------------------------
by     (2018-09-23 22:44:09)

Friction between President and UNP to deepen over IGP

BY Gagani Weerakoon-SEP 23 2018

President Maithripala Sirisena appointed nine new Sri Lanka Freedom Party (SLFP) electorate organizers on Friday.  Accordingly, Faiszer Musthapha was appointed as the organizer of Colombo Central while Western Provincial Councillor Hector Bethmage and former Kaduwela Mayor G.H. Buddhadasa were appointed as co-organizers for Kaduwela.
MP Dayasiri Jayasekara was appointed as the SLFP Kurunegala District Leader and Co-Chairman of District Coordinating Committee as well as Co-Chairman of Pannala regional coordinating committee.

Priyangani Abeyweera and Suranga Prabath were appointed as co-organizers for Matugama while Amilaka Harshana Kariyawasam was appointed as the organizer for Bentara. N.D Susantha Lal Jayaweera was appointed as the organizer for Karandeniya, Thisara Gunasinghe was appointed as the organizer for Habaraduwa and Dr. Keerthi Fonseka was appointed as the organizer for Yapahuwa.

The newly-appointed electorate organizers received their appointment letters from President Sirisena at the Presidential Secretariat.
The SLFP Central Committee recently removed seven electoral organizers for failing to establish electoral committees.

Several UPFA MPs who had quit the unity government were among those removed from their posts such as Susil Premajayantha, Lakshman Yapa Abeywardena, Anura Priyadarshana Yapa, T.B. Ekanayake, Tharanath Basnayake, W.D.J. Seneviratne, Chandima Weerakkody and Gunaratne Weerakoon.

IGP saga

Head of the Terrorist Investigation Division (TID) DIG Nalaka de Silva would be arrested soon, as the Criminal Investigation Department (CID) has gathered evidence against him over the plot to kill President Maithripala Sirisena, a top official of the Police Department told Ceylon Today.
The CID had questioned Anti-Corruption Front member Namal Kumara for over three hours on 15 September.

A voice tape with a conversation Namal Kumara had with the head of the TID has been released to the media.

Several high ranking Police officers confirmed that it was the voice of DIG Nalaka de Silva that was on the tape.

On the same evening, the President had requested IGP Pujith Jayasundara to hand over the investigation to the CID and complete it as soon as possible. Defence Secretary Kapila Waidyaratne, Senior DIG of the CID Ravi Seneviratne and its Director SSP Shani Abeysekera had participated in this meeting.

The National Police Commission (NPC) too had ordered the IGP to hand over the investigation to the CID.

“We ordered the IGP on Friday to expedite this investigation. We cannot spend several weeks on this as this is a very serious matter,” Chairman of the NPC, P.H. Manatunga told this newspaper.  He also said that the CID would be completing this investigation very soon.

He added that, Secretary to the President Udaya R. Seneviratne, Commandant of the Special Task Force, Senior DIG M.R. Latheef and Secretary to the Ministry of the Law and Order Padmasiri Jayamanna had also requested that this investigation be handed over to the CID.
Meanwhile, Prime Minister Ranil Wickremesinghe too has requested the IGP for a report on this matter.

A high ranking Police official told this newspaper that the special Police Unit, which was maintained at a house in Epitamulla Road in Kotte, some months ago, had been engaged in tapping the phones of politicians, journalists and heads of the Police Department. It had been set up by the TID.

We were told that during this illegal activity, which was carried out under the alleged leadership of DIG Nalaka de Silva of the TID, the phone of former Director of the CID DIG Sudath Nagahamulla too had been tapped.
Expressing distrust in the manner Government and the Police are handling the alleged plot to assassinate President Sirisena and former Defence Secretary Gotabaya Rajapaksa, several UPFA members in both Government and the Opposition called for the arrest of the DIG de Silva.

The Deputy Inspector General, who is accused of the alleged plot, has accompanied the Inspector General of Police to a Bodhi Pooja held at the Kelaniya Temple on Monday (17), UPFA MP Vasudewa Nanayakkara alleged in Parliament last week.

MP Nanayakkara said that they cannot expect impartial investigations from the IGP in this context and therefore demanded his immediate removal. “We cannot ensure an impartial investigation under the incumbent IGP. The IGP has taken DIG Nalaka to the Kelaniya Temple for a Bodhi Pooja, for the latter, several minutes ago. That has been reported on websites,” he said.
Meanwhile, this whole incident came to a turning point - at least on surface - with the wrath on IGP Jayasundara escalating.

Though not officially confirmed by any party, it was clear through the behaviour of certain close confidantes of the highest echelon of the country that pressure was increasingly mounting on the IGP to step down.

Provincial Councils and Local Government Deputy Minister Sriyani Wijewickrama called for the immediate arrest of DIG de Silva and sacking of incumbent IGP to conduct the investigations into the plot under a new IGP.

She said so following MEP leader Dinesh Gunawardena raising a special question saying that entire country was shocked by the recent revelation of an assassination plot of the President and the former Defence Secretary.
“There is a serious allegation against a DIG of planning to get the support of the underworld to kill the President and the former Defence Secretary. There are audio tapes of the plot circulated in media. The security authorities are very slow in conducting investigations on this plot.
 Foreign nations too are shocked to hear the police of this country working hand in glove with underworld to plan political assassinations. This issue could lead to anarchy in the country. The President had promised media that there would be an investigation. We want to know whether the Government would take action against the senior police officers in question.
 If the President is assassinated, then the Prime Minister becomes the President as per the constitutional provisions. This is a serious situation,” he asked.
Leader of the House Public Enterprise Development Minister Lakshman Kiriella intervened and said that statement was inimical to the investigations in progress.

“This is an attempt to interfere in investigations. I am a lawyer. I understand the danger this statement could inflict on the investigations.”
Law and Order Minister Ranjith Maddumabandara responded saying: “Namal Kumara addressing a press conference alleged that he had audio tapes of DIG Nalaka de Silva speaking of killing the President. The matter was reported to the Fort Magistrate. Court orders have been obtained to secure the video and audio records from media organizations of Namal Kumara making those allegations.
 The CID has obtained the mobile phone Namal Kumara had used to record the alleged conversations. DIG Nalaka has been transferred from the Terrorist Investigations Division to the Information Technology Division of the police to facilitate investigations.”

NFF leader Wimal Weerawansa: This issue raises many questions. This Namal Kumara has stated that there was a link between police and underworld in perpetuating crimes at the Sinhala Muslim riots in Digana and Kandy. There are many other accusations of serious nature. The DIG should be arrested. We cannot believe that these investigations would be impartial.

Minister Maddumabandara: We are conducting investigations. We have to consider the evidence. There would be action taken on the basis of findings of investigations. The President is the first citizen of this country. We have provided necessary security to him. The other person alleged to have been under threat is not as citizen of this country, but we are ready to provide security to him.

MP Vasudeva Nanayakkara: We cannot ensure an impartial investigation under the incumbent IGP. The IGP has taken DIG Nalaka to the Kelaniya temple for a Bodhi pooja for the latter several minutes ago. That has been reported in websites.

The Speaker: The Minister could look into that.
Prime Minister Ranil Wickremesinghe: When there is an investigation in progress, we cannot reveal everything jeopardizing the progress of the investigation. We are happy that you are very concerned of the safety and well-being of the President. But it was you who removed his security when he was the presidential candidate. Did you have the same concerns then?  Our security forces are ready to provide security to Gotabaya Rajapaksa if he has any threats. I know that there are crises in that party. Under such a situation he may need security. You started this issue from the President and now you are talking of the IGP. If the IGP is not suitable for the post, you could raise that issue.

Speaker Jayasuriya:  As soon as this had been reported to me I discussed the matter with relevant authorities. I summoned the IGP yesterday and discussed the issue with him. I too have a responsibility to ensure the security, safety and well-being of the President and Gotabaya Rajapaksa. Meanwhile, it was also revealed that President Sirisena met Prime Minister Wickremesinghe to discuss about the IGP at length on Wednesday night.
“His behaviour is unbecoming and this will create more problems. After all, he’s even fighting with the National Police Commission,” the President has pointed out.

The meeting between the two leaders has not been cordial at all and the PM had responded saying that he will talk to the IGP about the concerns expressed.
“Please, do. I think he has about two more years in service but I do not know whether he could continue like this. I will give him two weeks to decide,” President Sirisena said and also informed the IGP of the same over the phone.

This comes at a juncture where the office of the Inspector General of Police has opted to remain silent on the three dates provided by the National Police Commission (NPC), for a face-off meeting, in a bid to break the stalemate between both sides on a number of festering issues.

The deadline of two weeks given by the Speaker Jayasuriya, for both sides to reach an amicable settlement on many issues, is also nearing its end.
According to the sources the NPC will not budge from its initial position and is insisting that all the recommendations put forward by it must be implemented by the IGP’s Office at the very earliest.
The NPC is seeking the IGP’s approval for some dozen recommendations regarding promotions, transfers and several other related matters.
Despite strong public outcry against the conduct of IGP Jayasundara, Government on Friday (21) insisted that they have no desire to remove him from the post, as he has brought about ‘many positive changes in society as well as to the Police.’

Addressing media at the UNP Headquarters Sirikotha, both Minister and Deputy Minister of Law and Order, admitted the behaviour of the IGP is highly questionable at times, yet they do not wish to take any action beyond advising the latter to be mindful of his conduct.
Minister of Law and Order Ranjith Maddumabandara, while noting that the removal of the IGP could be done only through the Constitutional Council and not by the Subject Minister, said, “There have been allegations regarding the behaviour of the IGP and the Ministerial investigation committee will conduct an independent investigation into the claims and will give necessary recommendations according to the final findings.”
He also reiterated that Prime Minister Wickremesinghe had not requested IGP Jayasundara to resign over the ongoing Ministerial investigation into the latter’s conduct.

“In the previous three years, there have been a lot of raids related to the drug combating mission of the Government. Currently, drugs have become rare in the market. And the crimes rate, rapes, and murders are decreasing gradually. Many mysterious crimes have been solved and internal problems of the Police like salary issues of officers were addressed and resolved.”
He requested the media and the general public to consider the positive side of the IGP in a fair manner without focussing only on the negatives.
Meanwhile, Deputy Minister Nalin Bandara said that the Government did not have any desire to remove the IGP from his post.