Motorcycle companies in India's 'Detroit' hit by strike over wages

Royal Enfield motorcycles displayed at the brand's flagship store in Bangkok, Thailand, February 24, 2016. REUTERS/Athit Perawongmetha/Files

Sudarshan Varadhan, Aditi Shah-SEPTEMBER 27, 2018

NEW DELHI (Reuters) - Hundreds of workers at motorbike companies including Yamaha Corp and Eicher Motors are on strike in Chennai, demanding better wages and a right to form unions to defend their interests.

Employees said the companies had employed a large number of contract workers to get around rigid Indian labour laws that make it difficult to hire and fire full-time staff and have refused to bring them on company payrolls even after years of contract work.

The unrest is the latest to hit the state of Tamil Nadu, dubbed the Detroit of South Asia because big automakers such as BMW, Daimler, Hyundai, Ford, Nissan and Renault have factories in the state.

“Our main demands concern low wages, contract employees not being made permanent and workers being denied basic respect,” said S Kannan, Kanchipuram district president at the Centre of Indian Trade Unions, one of the leaders involved in organising the strike at Yamaha.

Kannan said that talks to resolve the strike had made no progress.

A spokesman at Yamaha, which sells in India as well as overseas, said that production is running below capacity.

Yamaha has a 4 percent share of India’s two-wheeler market. It sold about 793,000 motorcycles in the past financial year and exported about 252,000.

Wages are low in India, making it an attractive manufacturing and export hub for companies, but workers feeling the effects of rising inflation have been agitating in recent years for higher pay.

“The issue is not widespread. It is in pockets, but it is a cause of concern, especially since it is an industrial belt,” said an executive at a global automaker.

In May protests turned violent at metals conglomerate Vedanta’s copper smelter about 400 miles from Chennai over alleged environmental violations that the company said underlined the risks global businesses face in India.

The government has tried to overhaul labour laws, hoping to create millions of new jobs and boost economic growth by making it easier to hire and fire, but has faced resistance.

Workers at Eicher Motors, which owns the Royal Enfield motorcycle company, are protesting one such scheme, the National Employability Enhancement Mission (NEEM), said R Sampath, vice-president of the Royal Enfield Employees Union.

“The scheme stops contract workers from becoming permanent employees, allows management to keep wages low and fire people with one-month’s notice,” said Sampath, adding that contract workers do not receive other employee benefits.

Royal Enfield, which has about a 4 percent share of the two-wheeler market and sold more than 800,000 motorcycles in India over the past financial year, is “hopeful of arriving at a mutually beneficial solution”, it said in a statement.

“We have forums that address matters related to the wellbeing of workmen and are working to understand the issue that compelled a few workmen to refrain from reporting for work today,” the company said.

Eicher Motors competes with U.S. motorcycle manufacturer Harley-Davidson Inc in India.

Reporting by Sudarshan Varadhan and Aditi Shah in New Delhi; Editing by Sanjeev Miglani and David Goodman

Amazon training videos coach Whole Foods staff on how to discourage unions

The Guardian obtained internal videos sent to Whole Foods management, coaching them on how to watch for unionizing

A sign promoting the Amazon Prime Now delivery service is displayed outside a Whole Foods store in Cincinnati on 8 February 2018. Photograph: John Minchillo/AP

Michael Sainato-Thu 27 Sep 2018

Whole Foods Market has stepped up its efforts to crack down on union activity among employees – instructing managers to watch out for warning signs of union activity and to tell possible union members that joining a union is a “roll of the dice”.
Amazon-owned

Following a mass email sent out on 6 September by Whole Foods employees seeking to coordinate with one another to discuss workplace issues and the prospect of forming a union, Amazon released training videos for managers in an attempt to head off union efforts.

The Guardian obtained Amazon training videos first reported by Gizmodo that were recently sent out to Whole Foods store management and team leaders (department managers), coaching them on how to union bust within their stores.

“Bargaining is a roll of the dice. Things could get better for associates, but they could get worse or stay exactly the same,” said one cartoon character in the training video.

In another segment, the narrator noted a character could have blamed General Motors’ bankruptcy as a symptom of labor unions.

“Having a union could make it hard to stay competitive,” another character in a video segment said. “They don’t share our same values.”

During the same segment, the character cited that the majority of political donations from unions go to Democrats, and the narrator reaffirmed this characterization.

“A union severs the direct working relationship between associates and managers we value so highly,” the narrator added.

One training video segment includes teaching managers how to find “warning signs” of unionization efforts, which included any employees who stick around after their shift has ended. Warning signs also included looking out for “union words” such as a “living wage”.

The training videos provide managers with tips and information on how to navigate around labor laws to prevent unionization efforts and how to express criticism toward union efforts without committing an unfair labor practice. “Avoid absolutes, speak in possibilities instead,” advised the narrator.

In one example cited in the video, the narrator said: “You would never threaten to close your building just because associates joined a union. But you might need to talk about how having a union could hurt innovation which could hurt customer obsession which could ultimately threaten the building’s continued existence.”

Over the past few weeks since the Whole Worker Community first announced its existence and sent a mass recruiting email to stores around the country, several Whole Foods employees have reported managers and team leaders being sent into training meetings on labor unions.

“They told us how as team leaders we are expected to toe the company line and be anti-union,” one Whole Foods employee who recently attended one of the meetings told the Guardian. “As team leaders we have been told that we are expected to support the company’s anti-union stance and that unions were good at the turn of the century, but aren’t necessary any more because the government has labor laws.”

Other Whole Foods workers claimed their management wasn’t forthright about the meetings focusing on unions. “I peeked into the store conference room and there was some slide up titled ‘WFM and Unions’, and I asked several team leaders about it afterwards who all declined to comment or made something up about it being about the new signage stuff,” one employee told the Guardian.
Another worker said their manager claimed the meetings were about the holidays.

In a statement, an Amazon spokesperson said of the union training videos: “We’re perplexed as to why Gizmodo takes issue with a company wanting to better engage its employees, train hundreds of managers to maintain an open and direct dialogue with associates, and create channels to drive innovation on behalf of the customer in a caring and inclusive environment. The reporter clearly cherry-picked soundbites from the video to meet his editorial objective and do not align with our view on how to create career opportunities for employees.

“In the US, the average hourly wage for a full-time associate in our fulfillment centers, including cash, stock and incentive bonuses is over $15/hour before overtime. That’s in addition to our full benefits package that includes health, vision and dental insurance, retirement, generous parental leave, and skills training for in-demand jobs through our Career Choice program, which has over 16,000 participants. We encourage anyone to come see for themselves by taking a tour at one of our fulfillment centers.”

Malaysia wants Burma’s commanders probed for ‘atrocities’ against Rohingya

 

This file photo taken on October 10, 2017 shows Rohingya refugees fleeing from Myanmar arrive at the Naf river in Whaikyang, Bangladesh border. Source: AFP

27th September 2018

MALAYSIA has joined the list of countries seeking the international prosecution of Burma’s (Myanmar) military commanders for the alleged atrocities committed against the Rohingya Muslim minorities.

Calling for the United Nations Security Council to establish an international judicial mechanism to try those responsible for the crimes, Malaysia’s foreign ministry said Burma’s government had the responsibility to act against the perpetrators.

“All of us should, therefore, use our leverage to urge Myanmar’s Independent Commission on Enquiry on Rakhine State to bring all perpetrators of gross human rights violations to justice,” Foreign Ministry multilateral affairs deputy secretary-general Kennedy Jawan told national news agency Bernama.

“Malaysia has also put forth that an international judicial mechanism should take effect in the event the efforts of the Myanmar authorities to investigate and prosecute the perpetrators are deemed insufficient,” he said.

SEE ALSO: Burma staged ‘well-planned’ atrocities against Rohingya, says US State Dept

Jawan said the crisis faced by the Rohingyas needed urgent attention and a long-term solution was required to determine their future.

“To that end, the international community cannot, and should not, stand idle as we witness the human catastrophe which has besieged the Rohingya, unfolding before our very own eyes,” he said.

Jeffrey Laurenti@J_Laurenti

Malaysia’s formidable PM Mahathir (@chedetofficial) surprises @CFR_org audience by backing #R2P for #Rohingya: “If in Malaysia we massacre all the Chinese & Indians, I think you have the right to move in.”

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Jawan said there has not been any improvement in Myanmar, despite advice and recommendations from the international community.

“Instead, we still see an influx of Rohingya leaving Myanmar, dragging along with them their meagre remnants of what is left of their homes in Myanmar,” he said, adding Malaysia will continue asking for international support for Bangladesh, where almost 700,000 Rohingya are taking refuge.

Earlier this week, the US State Department said Burma conducted a “well-planned and coordinated” campaign of mass killings, gang rapes and other atrocities against the minority group.

This file photo taken on July 19, 2018 shows Myanmar’s Chief Senior General Min Aung Hlaing, commander-in-chief of the Myanmar armed forces. Source: AFP

The department’s report could be used to impose sanctions or take other punitive measures against the Southeast Asian country.

Last Thursday, Canada’s parliament unanimously voted to declare Burma’s military actions against the minority Rohingya an act of “genocide”.

SEE ALSO: ‘A massacre is not a state secret’: Protests in Burma against jailing of journalists 

Canada’s lower house endorsed the findings of a UN fact-finding mission on Burma that found “crimes against humanity have been committed against the Rohingya” and that the acts took place under orders from military commanders.

They also urged the international community to investigate and prosecute Burma’s generals for “the crime of genocide”.

A fact-finding mission by the UN found evidence of ethnic cleansing and accused Burma’s military of genocide. The final report, released earlier this month, documented patterns of gross human rights violations and abuses that included killing indiscriminately, gang-raping women, assaulting children, and burning entire villages.

The UN investigators called for Burma’s army general Min Aung Hlaing and five generals to be prosecuted for genocide and crimes against humanity, among others.

The military has repeatedly denied any wrongdoing and de facto leader Aung San Suu Kyi has remained largely silent on the atrocities.

Ruth Davidson on mental health, Brexit optimism and why she’ll never lead the Tories

Krishnan Guru-Murthy-25 Sep 2018Presenter

It was David Cameron who first tipped her as a future Prime Minister, but the Scottish Conservative leader Ruth Davidson caused shockwaves last weekend, revealing not only that she suffered from depression and self-harm as a young woman, but that partly as a result of that, and also because of personal commitments, she will never stand for the leadership of the UK party and therefore will never run to be Prime Minister.

Ms Davidson came to note south of the border as a leading advocate of remaining in the EU. The fact she was one of the first openly gay women in British politics has added to her profile.

Now the former journalist has penned a book called ‘Yes She Can’ – mostly about other women, but with some revelations around her own life, and she’s about to go on maternity leave. She told us that her mental health was just one of the reasons why she doesn’t want to be Prime Minister.

Male Infertility: The Good, The Bad and The Ugly

Most medical practitioners consider failure to cause pregnancy within one year as a likelihood of ‘mild infertility’

( September 22, 2018, Colombo, Sri Lanka Guardian) Mankind ensures continuity of its species through procreation or reproduction. Human procreation means sexual reproduction resulting in human fertilization, usually due to sexual intercourse between a male and a female. To ensure a successful fertilization both the man and the woman must have adequate levels of fertility.

Although there are many medical practitioners treating female infertility, let alone the treatment, knowledge of male infertility itself is obscure among the general public. In an insightful interview, one of the handful of male infertility specialists in the whole of South Asia, Dr. Rohana Priya Susantha Ranasinghe sheds some light about this lesser known topic and dispels several myths that are deep-rooted in our society.

Q:  What is infertility?

A: Infertility is the inability of a person, animal or plant to procreate by natural means. It is normally not the natural state of a healthy adult and in humans, infertility is the inability to become pregnant or carry a pregnancy to full term. The interaction between the two opposite reproductive systems during sexual intercourse results in fertilization of the female eggs by the sperm.

The World Health Organization defines ‘infertility’ as “a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after 12 months or more of regular unprotected sexual intercourse. Primary infertility is infertility in a couple who have never had a child. Secondary infertility is failure to conceive following a previous pregnancy. Infertility may be caused by infections, ailments or diseases in the man or woman, but often there is no obvious underlying cause.

Most medical practitioners consider failure to cause pregnancy within one year as a likelihood of ‘mild infertility’.  We don’t necessarily call it a situation of mild infertility but subject the patients to fertility tests. Mild infertility is also dependent on age of the couple. If the patients are 25 years of age or below, it is standard to wait and see for two years. But if they are around 30 years, period of one year in waiting is usually the norm and this is reduced to just six months if the couple is 35 or above.

Q:  There is lot of talk about female infertility among the general public, but many feel that there is inadequate awareness about male fertility among the general public. Doctor, what exactly is male infertility?

A: Male infertility refers to a male’s inability to cause pregnancy in a fertile female. Although people do not want to accept the magnitude of the problem due to cultural stigma and gender connotations, it is a worldwide medical condition now.  Although in 1971, only five per cent of total world population suffered from mild infertility, by 2012 this figure has trebled to 15% due to various social, environmental and dietary factors.  Various studies have found out that males and females contribute equally or roughly 40% each to mild infertility, where as the balance causes for 20% of the cases are categorized as ‘unexplained’. As I mentioned earlier, infertility is not always primary which means that the patients are unable to have their first baby but also secondary, tertiary etc unable to have their second child after having their first.

Q: How do you diagnose mild male factor infertility (MMFI) and what are the causes for MMFI?

A: Mild male factor infertility is where the capability of male patient’s sperm to cause pregnancy is lower than the average male. There are three main causes for mild male factor infertility.

1. Lower sperm count (Quantitative)- The minimum sperm count  accepted  as a norm by medical practitioners is 15 million sperms in 1 milliliter of semen
2. Lower motility – Sperm motility is the movement and swimming of the spermatozoa. Poor sperm motility means that the sperm is unable to move properly. Poor sperm motility is also called
3. Abnormal sperm morphology – sperm morphology means the shape or physical appearance of sperm.  Abnormalities in the sperm morphology can lead to failure in causing pregnancy resulting in infertility.

But although as you said people are somewhat more aware of female infertility and there is lot of discussion about it, male infertility has become a taboo subject and as a result there is hardly any discourse about it as unlike their female counterparts, males who suffer from male infertility or mild male factor infertility to be exact, do not wish to talk about it.

Healthy female reproductive system (Image courtesy- anatomyparts.us )

But mild male factor infertility is not a big deal now. Anyone can do a simple sperm fertility test at any accredited laboratory and find results on his own. My message is don’t fear infertility and just in case you have mild male factor infertility, there is treatment available in Sri Lanka.

Q: If the patient is suffering from mild male factor infertility, what are medical options available for him?

A: Unfortunately, there are no universally accepted treatments for mild male factor infertility in modern medicine, except for the Ayurvedic treatment which we have developed through research. This is similar to paralysis where there is no treatment currently to cure paralysis, except in Ayurveda. If a patient is suffering from mild male factor infertility, he has no option but to seek assisted reproduction technologies. However in a country like Sri Lanka medical costs are comparatively higher (in comparison to income of an average citizen).  In vitro fertilization (IVF) or popularly known as the test tube baby method are out of the reach of ordinary citizens while even the simple Intrauterine insemination (IUI) also has a significant cost.

Q: So are these procedures helpful in treating mild male factor infertility?

A: Yes that is problem. Although these can help patients for whom normal or natural fertilization would be problematic these are still assisted reproduction technologies  and not treatments. The problem is although these are costly methods the success rates still could be lower. In such instances, male infertility treatments can greatly enhance the success rates of these procedures. Unfortunately forget people in the Western world lot of Asians including Sri Lankans think that male factor infertility cannot be treated and don’t know that Ayurveda can successfully treat male factor infertility.

Q: So do you think our society is adequately aware of infertility?

A:  Unfortunately no.  There are many factors that impair the reproductive system’s ability to perform the basic function of reproduction.  Although conceiving a child sounds like a simple and natural process, the internal and physiological functions are quite complex and sophisticated and depend on many factors.  So patients must know that production of healthy sperm by the male, production of healthy ovum by the female, unhindered access to the sperm to reach the ovum in ampulla in the fallopian tubes, the sperm’s capability to successfully fertilize the ovum, the ability of the zygote (fertilized egg) to bind successfully in the endometrium of the uterus and finally the ability of the zygote to achieve adequate embryo quality.

Although we have achieved many advancements, modern medicine has very little means to improve sperm count on one hand and motility and morphology of the sperm on the other hand and as a result mitigation of male infertility is in most cases unsatisfactory in my view.

However Ayurvedic medicine offer a greater proportion in our society a significant improvement in sperm quality and quantity and our studies have continuously proven that herbal-based Ayurvedic treatments promote the production of healthy sperm.

(Dr. R.A.R.P. Susantha Ranasinghe [PhD, D.S.A.M.S., B.A.C.(Pg.D.), M.A.B.A.C.] is an outstanding Ayurvedic physician and researcher who championed the cause of traditional and hereditary knowledge of herbal medicine especially in the treatment of infertility. He can be contacted on dr.susantha@gmail.com)

Media freedom and social responsibility - EDITORIAL

2018-09-26

Twenty years have passed since the Colombo Declaration on Media Freedom and Social responsibility was signed by The Editor’s Guild of Sri Lanka (TEGOSL) in April 1998 together with the Newspaper Society of Sri Lanka and the Free Media Movement.

An international conference has been organized from Sept. 27 (tomorrow) to 30 to mark the 20th anniversary of the Colombo Declaration. It is  organized by the Sri Lanka Press Institute (SLPI) in partnership with its constituent partners, UNESCO and the Royal Norwegian Embassy. 

The conference will also coincide with the UN designated International Day for the Universal Access to Information (IDUAI). The parley will be formally opened by Prime Minister Ranil Wickremesinghe tomorrow, and on Friday, the keynote address on IDUAI will be delivered by Speaker Karu Jayasuriya, followed by an address by Mahinda Gammanpila, Chairman, RTI Commission. Representatives from Australia, Bangladesh, Canada, China, Germany, India, Norway, Pakistan and the United Kingdom will participate. As one can expect one of the items in the agenda is the revisiting of the Colombo Declaration. 

Colombo Declaration was a result of a tedious effort by the media community in Sri Lanka after a difficult period with disappearances of journalists, long drawn censorship under the name of national security and law suits against the journalists who performed their duty towards the community. It was signed especially in the backdrop of a campaign launched by TEGOSL and other fraternal media organizations to have the laws of criminal defamation repealed after five TEGOSL members had been indicted under the Penal Code for criminal defamation. 

Yet, it did not insist only on the rights of the journalistic community and the media in general, rather it emphasized the responsibility of the industry as well, as its theme “Media Freedom and Social Responsibility” had signified. 

Hence, the industry took steps to overcome some of the problems within it by creating Sri Lanka Press Institute (SLPI) and two arms under it, the Sri Lanka College of Journalism (SLCJ) and the Press Complaints Commission of Sri Lanka (PCCSL) in order to train its members and enhance the ethical standards of them, while continuing to press the governments to take steps to ensure media freedom. 

During the initial years of the SLPI, the International Federation of Journalists after a survey said that only 4 percent of journalists in Sri Lanka had been aware of ethics, leave alone having training on the matter. However, the PCCSL has since conducted dozens of workshops on journalistic ethics for the staff members of the mainstream newspapers and for the provincial journalists in all districts in the country. And the SLCJ provided training to hundreds of journalists, in the form of a diploma course and mid-career courses. 

One cannot be satisfied with the achievements by the industry for the past twenty years, though it had some remarkable outcomes. The awareness it created among the concerned sections of the society had resulted in the abolition of provisions in the Penal Code and the Press Council Act in 2002, the repeal of Section 118 of the Penal Code which had penalized attempts by contumacious or insulting words or signs, to bring the President into contempt and repeal of the 1978 amendment to the Parliamentary Powers and Privileges Act of 1953 which had given Parliament to deal with serious breaches of privilege. Also with the inclusion of right to information in the 19th Amendment to the Constitution which was passed in April 2015 the right to information has become a constitutional right of the people though with a wide range of restrictions. 

Yet the majority of laws, the Colombo Declaration wanted to abolish in the interests of the media in particular and the general public in general are still in force and the media community also had to travel through a period of abductions, killing, torture and arson attacks after the signing of the Declaration and its revision at its 10th anniversary in 2008. 

And the industry has to find solutions to the problems such as fake news and hate speech which have taken a dangerous turn after the proliferation of the social media, the politicization of media and the media becoming a tool in the hands of politicians. We hope the three day conference starting from tomorrow would be a milestone in finding solutions to these issues.  

ARRESTED INDIAN, A MENTAL PATIENT - HIGH COMMISSION

Thursday, September 27, 2018

The Indian national who was arrested at the house of Anti-corruption Force Working Director Namal Kumara had a history of mental illness since 2000, Indian High Commission sources told the Daily News yesterday.The High Commission has alerted Indian counterparts to conduct a background check of the said individual after media reported that an Indian national had claimed to have information about a threat to lives of prominent Sri Lankan leaders including incumbent and former Presidents of the country.

“Taking a serious note of the matter and acting on limited information provided to us by Sri Lankan authorities, we immediately alerted Indian counterparts to conduct a background check of the said individual”, a High Commission official told the Daily News.

He said preliminary inputs indicate that the said individual has had a history of mental disturbance since 2000.

The High Commission has already shared the details with Sri Lankan authorities and has assured them full assistance and co-operation to conduct a thorough and professional investigation into the matter.

Theory Countering Tamil Homeland Concept Placed Before UNHRC By Channa Jayasumana – A Response

By P. Soma Palan –SEPTEMBER 27, 2018

P. Soma Palan

I refer to the news Report in the front page of the Daily Mirror of 20thSeptember, under the above heading. The redeeming factor is that, it is only a “Theory “of Prof. Channa Jayasumana (CJ), based on his controverted facts of Lankan history, presented before the forum of the UNHRC, on behalf of the “World Patriotic Lankan Forum”, countering the Tamil Homeland Concept. The historical falsehoods stated by the Prof. CJ prompted me to respond to his views. His speech before the UNHRC forum may go passively with the western audience,as they are not conversant with our ancient history.

I must, at the outset, clearly declare that I do so, as an independent, “free thinker”. I have no interest in Tamil politics or in Sinhala politics. My interest is purely an academic one, of our country’s history, and nothing more and nothing less. When history is controverted with falsehoods to serve the parochial ethnic interest of a community, whether it is Tamil or Sinhala, there is a compelling urge to reveal the falsehood, and state the factual truths based on my knowledge of history. My comments are restricted to the news Report only, as I have not accessed the full speech delivered by Prof. CJ at the UNHRC.

Concept of a Traditional Tamil Homeland

Is the Tamil“Homeland Concept” a violation of a Human Right to be canvassed before the Forum of the UNHRC? Does it violate the Human Right of another ethnic community? On the contrary, I would say it is, itself, a Human Right of a Community of people, to have an Homeland for themselves, provided  it fulfills the necessary ingredients for Self-determination as outlined by the International World Body, the United Nations Organization. The requirements to be fulfilled are:

1. A distinct Population

2. A distinct demarcated territory

3. A common socio-cultural cohesion

The above conditions are satisfied by the Tamil people of the North Eastern region of Lanka.

Thus the concept of a traditional Homeland of the Tamils is based on a principle of legitimacy, acceptable by UN standards. Therefore, how can the Homeland Concept violate the Human Right of the Sinhala ethnic community? Prof. CJ states that a “mythical  history had been created by racists in Sri Lanka leading to the violation of Human right of all Lankans.” The qualifying word is all (my emphasis) which has been decidedly used to make it appear democratic and inclusive. Once the Tamils and the Tamil speaking Muslims are taken out of “all Sri Lankans”, what remains is only the Sinhalese. In other words, what Prof. CJ says is that The Homeland Concept, violates the Human Right of the Sinhalese. The Sinhalese community constitutes 75% of the population and spread over ¾ of the land area of the country. The Tamil community may be about 10 or 12 % of the population and confined to about ¼ of the land area of the country, where they are the preponderant majority. How could this be a threat or violate the human right of the Sinhalese community? It is preposterous.  What is implied is that the Sinhalese are claiming the whole country, belongs to them , and the Tamils are aliens. Conversely, it is the majority Sinhalese who by denial and non-recognition of a Tamil homeland, violating the human right of the Tamils. In the light of the ancient or pre-history of the Island nation, the Tamils are also original inhabitants of the country. There was no separate, independent country called Lanka around 9000 years B.C. It was part of the Sub-continent of India with a mix of South Indian Dravidians of various ethnicities, such as Tamils, Telugu, Malayalees, Kannada etc. There were no inhabitants, called Sinhalese then. Due to a Geological upheaval, the present Lanka, being a part of the Continental mass, separated from India . Without delving into the ancient prehistory of the island, I will confine myself to the specific views expressed by Prof. CJ.

1. Prof. CJ states that “when the Portuguese arrived in Sri Lanka, Sinhalese people were the majority in the Jaffna Penensula”. This is just an assumed generalization. This is not backed by any Census statistics, because there was no official census compiled at that time. I don’t know how this was ascertained by him. At least, he could have estimated the number of the Sinhalese and Tamils in the population.

2. Prof. CJ says that “the Dutch who occupied the coastal areas of the country around 1650 A.D. brought the Vellalar Tamils from the present Tamil Nadu for their tobacco plantations”. Prof.CJ has with deliberate intention has qualified the Tamils as “Vellalars” to match the present preponderant Jaffna Tamils, who are high Caste vellalars. Prof.CJ is twisting this fact by adding the Vellalar description to it, to establish that the Jaffna Tamils were of recent origin during the Dutch period. Prof.CJ is innocent of fact that high Caste Vellalars will never venture out of their country to work as menial laborers, in the first place. Moreover, Prof.CJ seems to be ignorant of the fact that the Portuguese preceded the Dutch occupation of the country. When the Portuguese arrived, the Kingdom of Jaffna was already in existence and was ruled by the King, Sangili. There cannot be a kingdom without the Tamil people to rule. The absurdity of the contentious argument of Prof.CJ is revealed, if I say, that the British also brought the Vellalar Tamils from Tamil Nadu to work in their Tea plantations and the present Estate Tamils are all Vellalars. One can see how ludicrous is Prof. CJ’s view.

3. Prof. CJ says that scholars like Prof. Karthigesu Indrapala (I wonder he is a Tamil or Sinhala?) has pointed out (my emphasis) that there were no permanent Tamil settlements in Sri Lanka,before  13thcentury A.D”. It is noteworthy that no verbatim quote is reproduced of the said scholar. Therefore, the veracity of statement attributed to him is of a dubious nature. On the contrary, I quote a positive, stronger and affirmative statement of a renown historian of Lanka, Dr. Paul E. Peris, which is diametrically opposite to the so-called point of view of Prof. Karthugesu Indrapala- I quote “Following excavations of Kanthrodai, the ancient capital of Kings of Jaffna, I believe North Ceylon was a flourishing settlement long before Vijaya was born”- unquote. In terms of chronology of time, this refers to a period before 500 B.C, which is when Vijaya  is supposed to have arrived in Sri Lanka. This makes the statement that there were no Tamil settlements before 13 century A.D, a joke, to say the least. I think, it is more pertinent for the learned Prof. CJ to engage in countering the above authentic truth before the UNHRC forum, than with his fictitious new theory countering the concept of the Tamil Homeland.

4. Moreover, the view that there were no Tamil settlements in Lanka before 13th century A.D. would make the reign of the Chola King, Ellalan for 44 years in the 1st century B.C and his defeat by the national hero, Dutugemunu, a nullity and a non-event. Surely, King Ellalan couldn’t have ruled an empty land without his Tamil subjects for 44 years.

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Karu urged to change CC selection process

By Shamindra Ferdinando-September 26, 2018, 12:00 pm 

A group of civil society activists has called for specific procedure to pick three outsiders for the 10-member Constitutional Council.

Activists have made representations in this regard to Speaker Karu Jajasuriya and Secretary General of Parliament W. B. D. Dassanayake.

Executive Director of the People’s Action for Free and Fair Elections (PAFREL) Rohana Hettiarachchi yesterday told The Island that Speaker Jayasuriya had assured them the issue would be taken up with Prime Minister Ranil Wickremesinghe and Opposition Leader R. Sampanthan.

The group of activists met the Speaker and the Parliament Secretary General on Sept 21.

Hettiarachchi acknowledged that the selection process should have been launched before the terms of President’s Counsel Shibly Aziz, Sarvodaya leader A.T. Ariyaratne and one-time UN Under Secretary General Radhika Coomaraswamy ended on Sept. 22 (last Saturday).

Responding to a query, Hettiarachchi said they were handpicked by PM Wickremesinghe and Opp Leader Sampanthan. "We believe that instead of hand picking CC members, they should establish a transparent procedure to choose civil society representatives.

Parliament set up the Constitutional Council in terms of the 19th Amendment to the Constitution enacted in April 2015.

The 10 member council consists of three ex-officio members, Speaker Jayasuriya, PM Wickremesinghe and Opp Leader Sampanthan. Except ex-officio members, others are appointed for a period of three years.

A spokesperson for parliament yesterday told The Island that of the four original members of the Constitutional Council, two persons-JHU stalwart Patali Champika Ranawaka and Wijeyadasa Rajapakse, both UNP MPs were replaced by SLFP Mahinda Samarasinghe and Tilak Marapana, respectively. JVP MP Vijitha Herath and rebel SLFPer W.D.J. Seneviratne are the remaining members of the Council.

PAFFEL Chief Hettiarachchi said that they also urged Speaker Jayasuriya to impress on political parties, particularly the UNP to reach consensus on the next Provincial Council poll. Hettiarachchi pointed out that the day the parliament appointed Delimitation Review Committee (DRC) headed by PM Wickremesinghe, cabinet spokesman Dr. Rajitha Senaratne asserted that the next PC polls would be held under the old system. Hettiarachchi questioned the rationale behind appointing a DRC in the wake of the UNP reiterating its commitment to the former system.

Pointing out that the SLFP had repeatedly pushed for a new system, Hettiarachchi said that political parties represented in parliament couldn’t afford to further deliberately delay the long overdue PC polls.

Hettiarachchi expressed concern over the announcement made by Speaker’s Jayasuriya Office last week that the DRC wanted two additional months to complete its task.

The civil society activist said that with presidential and parliamentary polls scheduled for 2019 and 2020, the inordinate delay in finalizing PC polls could cause unnecessary problems.

Accessibility at buildings and places – Indispensable need to enjoy civil rights

Wednesday, 26 September 2018

Have you not yet realised that the chances are now very high that at any stage or any moment in life, for a short time or for a long time, for different reasons, you or your loved ones could experience physical and/or sensory impediments, and fall into the category of ‘People with Disabilities’ as defined by the law?

You will then realise that the world around you once you knew to be cheerful and kind is no more so and most of your essential needs and activities that were easy doing are now a burden and you are unwantedly depending on others.

At this very moment, an estimated 20% of fellow citizens (i.e. four million) are in this plight; and you would soon be merely one of such affected persons.

The design of your home, office, places of recreation, shops, banks and restaurants, stairs, toilets, doorways and ramps, ATMs, the web or phones could no longer be easily used.

The world around would marginalise you and discriminate against you beyond expectations, perhaps for lifetime. As fate is no respecter of persons and positions, tomorrow will be too late for you and your loved ones.

As such, quality of our own life depends heavily on buildings and environment we build. Are they accommodating, safe and user-friendly? They are yet not built so!

That is why you cannot wait ineptly but must fight now for equality of treatment to enjoy your civil rights and bring constant pressure on decision makers.

Impediments in real world

Any person, who, as a result of any deficiency in his physical or sensory or mental capabilities, if unable by himself to ensure for himself, wholly or partly, the necessities of daily life, is recognised by law, as a person with dis-ability or a dis-abled – (differently able is a false injurious terminology).

The affected include senior citizens (heading towards 18%), those fallen by accidents and numerous debilitating medical conditions and the convalescent, and even the pregnant experiencing restricted movements.

Public buildings and public facilities means any building or facility, owned either by the State or private sector that the public needs to use in daily life, as categorised and listed under the existing Laws.

Legislations gathering cobwebs

Sri Lanka enacted the Protection of the Rights of Persons with Disabilities Act No. 28 of 1996. Clause 23(2) of this Act stipulates: “No person on the ground of disability, be subjected to any liability or restriction with regard to access to or use of any building or place which any other member of the public has access to or is entitled to use.”

What meaningful progress have we made in this regard after 22 long years?

Under Clause 23(2) of this ACT, by Gazette No. 1,4657/15 dated 17 October 2006, the Ministry of Social Services promulgated a very comprehensive detailed set of Regulations clearly stipulating design and space requirements and safety measures to be adopted in the construction of new buildings that are listed.

These regulations were then approved unanimously by our Parliament on 20 March 2007.

Despite three extensions of the deadline by the Social Services Ministry and a comprehensive Circular dated 4 October 2012 under reference MSSS/7/8/ACC to all ministries by the secretary to the Ministry of Social Services, compliance with these Regulations has still not been achieved even after 12 years.

A proliferation of buildings, facilities and places, especially in the megapolis area, are being completed either new or after major renovations.

Yet, key parts and facilities, especially toilets and wash facilities, steps and railings, signage, ramps and entrances, fail to comply with specifications and requirements stipulated by the laws.

The buildings and places recognised by the existing laws and are concerned here include hospitals, hotels and restaurants, places of education and higher education, supermarkets and shopping complexes, ATM Machines, sports stadia including at international venues and a large number of office buildings including those belonging to ministries and chief ministers.

It’s now or never!

In recognising the resulting colossal losses that affect a wide range of people, this writer invoked the Fundamental Rights jurisdiction of the Supreme Court in 2009.

The order given by this Apex Court on 27 April 2011 indicates: compliance with it is mandatory for all buildings and parts as identified by the accessibility regulations, and constructed new, requiring authorities to issue certificate of conformity.

Yet, the regulatory authorities since 2011 April have continuously failed to ensure compliance before issuing certificate-of conformity.

Construction companies obtain certificates of conformity in the absence of due compliance well.

Compliance with design specifications that take into consideration human safety is a low cost and feasible indispensable investment bringing rich dividends to everyone in society. Embracing diversity is a win-win situation of business.

The colossal waste and the threat to safety and human life caused by the failure to comply with Regulations and Court orders is huge compared to the money needed.

In a jail in own country?

Safely accessible and useable built environments are essential for the dis-abled people to integrate to the community and advocate their rights.

It is crucial to arrest soon this vicious circle of non-compliance – it is now or never! If not, what is sure to result?

Poor access to buildings that are essential in daily life, to education, to social and recreational facilities, no access to public transportation, poor access to the job facilities, loss of earning chances causing increasing unwanted dependency, poverty and segregation will also continue rampantly.

The Government of Sri Lanka has embarked on an ambitious plan of development, specifically within the Western Province, which would result in a very significant number of new buildings and places – the types that are indicated in Regulations – the public will need to access and use in daily life, being constructed at rapid pace.

This development is long-term projects and are inextricably entwined with the future of the next several generations of Sri Lankans.

With such adverse trend prolonging, we reasonably fear that if such mega-development projects are not regulated adequately without further delay the next generation of persons suffering from inevitable mobility impediments – numbers of whom will be much larger than at present – will be prevented from freely accessing and using the facilities there in at a wide range of new buildings and enjoying this next phase of development of Sri Lanka.

Back-peddling of the UN Convention (CRPD)

Based on a proposal made by the Social Services Minster, which was then unanimously approved by the Cabinet of Ministers, on 8 February 2016 the Government of Sri Lanka ratified the International Convention on the Rights of Persons with Disabilities (UNCRPD).

Promises were then given of State recognition to the ability and contributions made by the dis-abled people (Article 8), meaningful realisation of Article 12.1 of our own Constitution for citizens with disabilities – right to equality.

Thirty months have passed but nothing yet has resulted – even to meaningfully explore ways and means of expediting implementation!

UN CRPD is a legally binding agreement with comprehensive protection of the rights of persons with disabilities, which requires a commitment by each ratifying State for its implementation.

UNCRPD states clearly, the ratifying states should not discriminate against persons with disabilities and sets out with greater clarity the obligations on states indicating the steps that must be taken, to promote, protect and ensure enjoying their rights, especially enabling environments so that dis-abled persons start enjoying meaningful real equality in society.

For example, the Convention requires states to take measures to ensure accessibility of the physical environment and information and communications technology, prohibit discrimination and achieve equality for all.

The international community, the UN in particular, who are much concerned about several other rights in this part of the world, in their actions, regretfully, appears to have overlooked the world’s largest minority – the people with dis-abilities - and allow countries such as Sri Lanka to remain stuck at CRPD’s birth itself for so long, as 30 months, without promoting actively to start them even crawling in the right direction.

We wonder for how long the custodians of CRPD, the United Nations would allow a State after its ratification, to keep prolonging implementation, even without making a genuine start with easy-to-implement clauses that does not require any new legislations or added costs, such as Articles 8 and 9.

Prolonging will set a bad example to the other nations.

A committed deadline for full enforcement, enabling the dis-abled to start enjoying their enshrined rights – the ultimate long awaited end-result – is a prerequisite.

If there is a commitment that is sincere to ensure Sri Lanka’s largest minority will enjoy the desired results – as some nations have done to expedite matters and deliver the results without further delay – why cannot we present the CRPD as it is to the Parliament and get its approval, and thereby enable implementation to be legally binding?

Remember, a genuine effort here with a vision to move ahead on fast track would also afford a low-cost feasible fine opportunity to enhance Sri Lanka’s human rights image.

(The writer, a paraplegic since 1992, qualified academically and professionally, has gained national recognition and won international admiration in both cricket and chemistry. Personal adversity has turned this former Senior Manager in industry into a pioneer accessibility rights activist and a competent advisor on accessibility. See: goo.gl/tZZsmz.)