Saturday, November 17, 2018

Jaffna uni students protest in solidarity with estate workers struggle

18113 Jaffna uni estate workers 5.jpeg

14 November 2018

Students at the University of Jaffna held protests in solidarity with Malayaga Tamils in their struggle to achieve a 1000 rupee minimum wage on tea estates.

A protest was held by students at the main campus in Thirunelveli on Tuesday, and earlier in the month by students at the traditional medicine faculty in Kaithady.

Tragic Day in Sri Lanka

The leaders who tolerate and allow such conduct must be ashamed of themselves

by Imthiaz Bakeer Markar-Nov 17, 2018

( November 17, 2018, Colombo, Sri Lanka Guardian) Yesterday will be recorded as a tragic day in the history of Sri Lanka. Today would be a day on which the sentiments and feelings of all those who love their mother nation, irrespective of colour and party, were wounded

Yesterday would be a day on which all Sri Lankan people were humiliated and degraded

Some Members of Parliament, appointed to represent you and I within a democratic structure have degraded your vote through their conduct.

We cast our votes and send them to Parliament so that they can, as our representatives, work tirelessly for the development of the country and the wellbeing of us and our children.

However, their extremely poor and inappropriate conduct has made it humiliating to even refer to them as our representatives.

The leaders who tolerate and allow such conduct must be ashamed of themselves.

We commend and appreciate the People’s representatives who conducted themselves in a patient and modest manner during this tense and extreme circumstance.

The citizens witness these hurtful incidents with concern and patience

Our country is the oldest democratic nation in Asia. The people of a civilized democracy appoint members of Parliament as their representatives as it is impossible for the people to come together at every instance of decision making.

Is this the manner in which they who were appointed for decision making on our behalf, conduct themselves? Aren’t they, through such conduct, insulting us, who appointed them? Aren’t we being degraded?

The assaults – physical and verbal, directed at the greatly respected Honourable Speaker of Parliament, who was not only a former officer of the Army but also a senior citizen, is exceedingly humiliating.

There are many lessons we can learn from this tragic day to be marked in history.

It is only the general public, who can prevent events of this nature. It is only the general public, who can state that such conduct is viewed with extreme disgust. It is also the general public, who can urge that our vote and democracy be respected. It is only the general public, who can state that they stop humiliating us within and outside our country. It is only the general public, who can urge them to conduct themselves with a sense of decency for the sake us and our children.

The public is you. It is you who can act to prevent the occurrence of another similar event such as today.

Touring the killing fields

A foreign delegation of military students pose with their families by a Sri Lankan military ‘victory’ monument in Puthukudiyiruppu, one of the heaviest shelled towns which saw thousands of Tamil deaths.

16 November 2018

The Sri Lankan armed forces announced that it had taken a delegation of foreign military students and their families on a tour of the North-east, where they visited different army bases and were told by the military of how the region was recaptured.

The delegation of students visited Jaffna, Kilinochchi and Mullaitivu, some of the sites of the massive final offensive launched by the Sri Lankan military. Tens of thousands of Tamils were killed during those final stages of the war, with hospitals repeatedly shelled, surrendering Tamils executed and reports of sexual violence committed by troops.

Not a single member of the Sri Lankan armed forces has been held accountable for the crimes committed, with Sri Lankan repeatedly stalling on moves for accountability.

Nevertheless, the military took the visitors “sight-seeing within the Jaffna Peninsula” and to a Sri Lankan “Victory” monument in Puthukudiyiruppu, the site of some of the most intense military shelling. Several such monuments have appeared across the North-East, with local Tamils complaining that such constructions serve to further Sinhala triumphalism.

The military also delivered a lecture to the delegation on the ‘Recapture of Kilinochchi & Reconciliation Process’.

The Sri Lankan military did not comment on which nations the student officers had come from, but confirmed that they were undertaking a course at the Sapugaskanda Defence Services Command and Staff College.

Despite almost 10 years passing since the end of the armed conflict, the deaths of tens of thousands of Tamils remain unaccounted for and the military continues to occupy large swathes of land across the North-East.

Why The Young Cannot Be Absolved

By Uditha Devapriya –NOVEMBER 16, 2018

Uditha Devapriya

For obvious reasons, the world doesn’t revolve the way most of us would want it. The rise of fringe movements that have taken on the Establishment, the apathy of Third Way centrism that was a cover for neo-conservatism and neo-liberalism, the rejection of conventional politics by the young, and the embracement of bigotry, sexism, and populism by the old (in the West) are all signs of an impending tragedy. What’s worse is that the narratives being spun to the people, for the most, are failing. Perhaps that’s why the US midterm elections didn’t play up to the hype that political pundits played along to. There was no blue wave, and even though the Democrats won several key governorships and control of the House of Representatives, the Republicans swept into the Senate with a clear majority, winning key swing states.

It would be rash to blame one party, or ideology, for the imbroglio this has resulted in. You can add, multiply, subtract, and divide, but whichever way you look, the truth is painfully obvious: it’s not the world we once knew. What’s true for the world is true for this country too. It’s not the country I used to know.

Part of the reason for that, I think, is the way the young react to political parties and political infighting in general. It doesn’t take a theorist to figure out that, no matter what the party, no one has really stood for the interests of the teenage, adolescent, and early adult demographic (between 18 and 24). Their indifference towards political movements stems, not from anger, but from disappointment: it cost the Democrats in 2016, when, shocked at the defeat of Bernie Sanders and upset at Hillary Clinton’s at times self-contradictory stances, they came down: 60 percent of the 18-24 year old segment had voted for Obama in 2008; for Clinton the turnout was, by contrast, 55 percent. Resentment can be tough.

As a former member of this segment (I turned 25 the day the US midterm elections were held), I can attest and even relate to the contempt with which those who belong to it treat conventional politicians. There was a glimmer of hope in 2015 when Ranil Wickremesinghe and his cohorts took over the parliament. For the first time in many years, a woman took over the Ministry of Women and Child Affairs; for the first time ever, a woman took oaths as Mayor of Colombo; for the first time also, many of the members of the Cabinet actively struck a chord with the young.

And it wasn’t just those promises of free Wi-Fi and free laptops and free tabs that endeared these politicos to them (in any case, we don’t have the statistics relating to how many of them voted for Maithripala Sirisena and the UNP). It was the idea of legislators actively taking into account their views, opinions, even prejudices. When a young man I know well, who supports Mahinda Rajapaksa, told me that he had no respect for Anagarika Dharmapala because of his chauvinism, I realised that these were views, opinions, and prejudices that transcended simplistic political dichotomies. These youngsters were hard to understand.

I know there are those who supported Ranil Wickremesinghe because of his school tie and elitist credentials (the school clique he institutionalised was one of many reasons why his campaign failed), but even those from this segment who were batting for him were focusing on younger blood: on Harsha de Silva, Eran Wickramaratne, Harshana Rajakaruna, and more than anyone else, Buddika Pathirana. If Mahinda Rajapaksa managed to conjure an image of himself as a baby-carrying populist who was in touch with the people, these parliamentarians conjured an opposite image: those who made it evident for us that politicians need not always carry those babies.

The need of the hour, in 2015, was a set of parliamentarians who could convince us that there needed to be a shift in the polity from the Executive to the Legislature. A crucial part of the campaign for this shift stemmed from the belief that the country needed meritocrats like Harsha and Eran. They were the face of the UNP.

For a while, this worked. From the UPFA I could think of only one politician constantly in touch with the young, and that was Ramesh Pathirana. But when Pathirana posted on Facebook the figures for AIDS patients in India and Sri Lanka and how the situation here would worsen if the ETCA deal was struck, he raised flak from the medical community for his serophobia. It was difficult to imagine Harsha and Eran indulging in that kind of below-the-belt mudslinging. It still is, because they are from a different calibre: while their cosmopolitanism can be squared with the UNP, if tomorrow a campaign for democracy is launched against the party leadership, for legitimate reasons, they would join in, just as Athulathmudali and Dissanayake joined in the movement against Ranasinghe Premadasa.

Mannar mass grave excavation temporarily suspended

14 November 2018

Excavation of the Mannar mass grave, where over 230 skeletons have been unearthed so far, has been temporarily suspended.

The excavation activities, which had been taking place for over 100 days, have been suspended due to officers having to undertake official court duties, Colombo Page reports, and will resume again on November 27.

So far, 235 skeletons have been unearthed from the mass grave, with at least 18 believed to be of children.

The remains are being held at a special chamber in the Mannar Court Complex. Though samples of the remains were supposedly due to be sent to a laboratory in the United States for carbon dating, the decision to send them lies with Sri Lanka’s Ministry of Justice. The ministry is yet to reply, and is only expected to respond in December.

There has also been controversy over the announcement in August by the Office of Missing Persons (OMP) that the office would fund the excavation, with concerns being raised about the independence of the office.

Related Articles:

07 November 2018 : Over 230 skeletons and counting unearthed from Mannar mass grave

13 October 2018 : Skeleton found in Achchuveli

03 September 2018 : Bodies of at least 12 children excavated from Mannar mass grave

15 August 2018 : Mannar mass grave open to journalists, court says

05 August 2018 : OMP to fund Mannar mass grave excavation despite concerns over independence

The fish that swallowed the whale

Friday, 16 November 2018

This is an easy-peasy, elementary effort of an ordinary citizen to comprehend the mad scramble for power among the political class.

It is undertaken in the belief that the crisis we face is an opportunity to reject the family kleptocracy of Mahinda Rajapaksa and the corporatist kleptocracy of Ranil Wickremesinghe.

We must treat President Maithripala Sirisena kindly. We the people promoted the man beyond his capacity. For three years we were either complicit in or were indifferent to the quiet build-up of a pseudo presidential persona that depicted him as staggeringly successful beyond his worth.

Any person with a cursory understanding of the Freudian theory of personality – that of id, ego and super ego will forgive him for his present day penchant to exude an atrocious arrogance that far exceeds his achievements.
Silver lining
There is a silver lining in all this madness. A silent, substantial and sane segment of our polity now realise the stockpile of wisdom contained in the rhetoric used by Dr. N.M. Perera to warn us on the inherent peril of the executive presidency. ‘What if a mad man becomes the president?’

That NM’s virologist nephew Tissa Vitharana has been bitten by the loony virus is a subject for another day.

We often make the mistake of interpreting the polarisation of a few and select power groups or political parties as reflecting a great polarisation of society as a whole.

For example, Mahinda does not represent Sinhala Buddhist opinion. He has most of the Sangha in his wallet. We confuse the two.

Mahinda gave diplomatic passports to prominent Buddhist monks. For the life of me, I do not understand why Buddhist prelates need privileged passports to preach the Dhamma either here or abroad.

The positive side of the current madness is that there is a discernible polarisation of forces between the modern and the tribal. The principled stand of political formations representing ethnic minority interests with enlightened democratic segments of the ethnic majority is a sign that at long last the seeds of a true post-colonial nation state are taking root in the fertile soil of freedom and human dignity.

Let us go back to 8 January 2015. The rainbow coalition had a simple objective. It rejected a state that was a kleptocracy and a state that sanctioned murder, abductions and disappearances. More than the kleptocracy part, the fear and excesses of the deep state transcended all other societal fault lines communal, economic and ethnic. The successor state that was installed by the good governance enthusiasts did not sanction murder, abductions and disappearances.

But the kleptocracy remained intact. It was far too entrenched. The successors were far too greedy to make the structural reforms that would make a difference. The story of SriLankan Airlines, the bond boondoggle, and legal gymnastics of two President’s Counsel in the Ranil Wickremesinghe Cabinet to stall the probe on Avant-Garde bounty hunters are eloquent examples of the double dealings of the reformers.

In the past three years, State-sanctioned murders have not been conclusively resolved. The parents of the eleven youth who vanished while in the custody of the navy are hoping for closure in vain. The Admiral who shielded one of the prime suspects dressed in his grandiose white is exuberantly celebrating his proprietorial grip on the allegiance of a peasant mind incapable of discerning the thin line separating perfidy and patriotism.

That said, this worrisome situation should not make us sceptics about democracy. The outcry, the tangible consensus against these problems as mentioned above and not mentioned due to space tell us that that there is indeed something about democracy that is worth mobilising for.

At this moment of democratic peril, we must resolve to reinvent and expand our democracy.
Chaos in Parliament is chaos that we created
We don’t need to elect buffoons who after elections pander to the whims and ideocracies of ‘Mahanayakes’ cocooned in their tribal enclaves.

The purported Minister of Buddha Sasana according to today’s news reports has agreed with the prelate of Asgiriya monastery that we must not allow foreigners to interfere in our affairs. May be Gammanpila wants the Australian investor to remain mum on his charge of stock market swindle.

Our democracy begins and ends with the nebulous notion of an electoral representative democracy. It relies on quite valuable but extremely brittle set of institutions, which cling on to the notion that the elected Political class somehow know better than their electors.

The elected parliamentarians and in this instance our elected president does not seem to have much faith in the citizens’ capacity to make political decisions.

The challenge we confront is simple and straight forward. We must somehow survive this crisis and form a credible caretaker government and hold a general election in which we the people can decide on representatives who will offer alternative practices enabling genuine democratic participation.

The great war hero is exposed in all the nakedness of a cat burglar stealthily stealing the expressed will of the people. Caught with the goods, he has now turned witness for the prosecution and wants a general election.

Thanks to the President’s puerile and precipitate action we have an opportunity to rethink and reframe our idea of democracy.
We must abandon this monstrous model
There is no way we can restructure it. We must at the next general election, put forward a constitutional model that does not promise but guarantees equality, freedom and the space for ordinary citizens to have a meaningful influence on politics. We must reject both, neo liberal economics and free market economics. Markers need intervention by the state. There is nothing vulgar about State Owned Enterprises, provided the vulgar are kept out of management.

It is an urgent and immediate task. I live in Battaramulla. Every day I pass the edifice that houses the Ministry of Megapolis Development now taken over by the charlatan son of Philip Gunewardene, father of the revolution that never arrived.

I must make an effort to avoid a monstrous billboard with an obscene picture of Dinesh Gunewardene and call for the Boralugoda lion roar.

The task of rethinking our democracy is pressing. We are now witnessing the brazen, arrogant and aggressive attempt by a gang that openly attempted to hijack the Parliament to take command and control of the ‘language of democracy’ to capture power and restore their rent seeking ministerial privileges.

They involve ‘The People’ to subvert opposition to their machinations. The recent capture of State media institutions demonstrate their capacity to offer more undemocratic solutions to real and imagined problems. They seek to divide our society on parochial lines and undermine the climate of reconciliation that was clumsily but determinedly pursued in the last three years.

You must remember how Mahinda Rajapaksa set up the family business.

Mahinda Rajapaksa is not a selfish man. He institutionalised the exploitative privileges and perks of his team from base to the top of the pyramid. Despite his great charisma, this episode has made him a political clown. He has paid a high price. He has lost all political legitimacy. This is the beginning of the end of the Mahinda Rajapaksa folk legend.

Now we must focus on our President whom we elected as the common candidate.

His humility and his humble life trajectory were his USP – ‘the unique selling proposition,’ the term used by professional marketeers in marketing FMCG – Fast-Moving Consumer Goods – the stuff that has a limited shelf life.

In fairness we must remember that he was proud of his achievement or destiny. At some point he concluded that he himself singlehandedly reached the hybrid of an Abraham Lincoln and Nelson Mandela. That is beside the point.

He certainly has a deep-seated antagonism towards Ranil Wickremesinghe, the UNP Leader, who paved way for him to become president. The problem is that halfway through they both got confused. The President stopped being grateful. His Prime Minister never ceased crying over his spilt presidential milk.

When the President complains about the cultural chasm between him and the Prime Minister, my conscience dictates me to agree with him.

First, Ranil Wickremesinghe does not speak the Sinhala that Maithripala Sirisena speaks. Second, no matter how humble you are, there is a limit to tolerating the uppity know all attitude of Ranil Wickremesinghe. It is not an act that is human possible unless your fate, interest or wellbeing is dependent on the UNP Executive Committee.

Since defeating the no confidence motion against him, Prime Minister Ranil Wickremesinghe did not bother to mend fences. Newspapers periodically reported that the President got mad over some Cabinet paper or other.

In high pressure politics, getting mad over something is not unusual. Staying mad with somebody with whom you have fundamental differences is also not unusual. Getting mad is no big deal. Going actually, really and truly mad is catastrophically insane.

House disrupted again

JO alleges Speaker acted in violation of ‘agreement’

Opposition members shouting at government MPs. (Pix by Kamal Bogoda)

By Ajith Alahakoon, Akitha Perera and Shamindra Ferdinando-November 16, 2018, 11:48 pm

Yesterday’s parliamentary proceedings disrupted by the governing Joint Opposition (JO) due to the failure of party leaders to reach a consensus on the agenda despite an understanding by major political parties on Thursday as regards resumption of parliamentary sittings. President Maithripala Sirisena met senior representatives of the UNP, the TNA, the JVP et al and Prime Minister Rajapaksa separately.

President Sirisena called for a vote on a fresh no-confidence motion (NCM) on PM Rajapaksa in a proper manner. He wanted an amended version of the motion, presented last Wednesday (Nov 14), to be submitted. But, the Opposition sought again to take a vote on the original NCM after having suspended Standing Orders in an exercise similar to the last Wednesday’s.

JO Puttalam District MP Arundika Fernando sat on Speaker Karu Jayasuriya Chair before the commencement of the sittings. Surrounded by JO colleagues, Fernando taunted UNP and JVP members for over 30 minutes. Around 2.05 pm, Jayasuriya, surrounded by a group of unarmed police personnel

made an abortive bid to reach the Speaker’s chair. The Sergeant-at-arms Narendra Mihindukumar Fernando, carrying the mace, followed the Speaker. However, JO lawmakers thwarted their attempt while the Speaker’s chair was taken away. An MP also grabbed a chair that was being used as an improvised shield by a police officer.

JO members threw books and various other objects at Jayasuriya, his police guard as well as UNP, JVP and TNA members who remained seated and refrained from responding to the JO challenge.

During yesterday’s incidents in parliament, President Sirisena’s Office issued a statement that the parliament wouldn’t be prorogued under any circumstances.

A JO MP threw some liquid which Opposition MP Gamini Jayawickrena Perera (UNP) and Vijitha Herath alleged contained chillie powder.

Earlier in the day, the party leaders failed to reach a consensus on the agenda in the wake of Speaker Jajasuriya not heeding government representatives’ call for tangible action against those MPs who had brought into the chamber what JO members called sharp objects.

Having failed to evict the JO group from the Speaker’s podium, Jayasuriya conducted called for vote on fresh NCM and declared it was passed by voice vote. Last Wednesday’s vote too was passed by voice vote according to the Speaker.

The Sergeant at Arms carrying the mace stood next to the Speaker surrounded by police officers.

Immediately after UNP, JVP, TNA MPs raised their hands to approve the fresh NCM; the Speaker left the chamber, while JO lawmakers threw various objects at them.

The police refrained from responding to MPs throughout the confrontation.

The parliament was adjourned till 10 am on Nov 19.

Following the conclusion of day’s short proceedings, JVP MP Vijitha Herath alleged that the JO deliberately caused the disruption to prevent seven among its group voting for the NCM. Herath said that he was doused with water containing chillie powder and hit with a copy of the Constitution.

The JVP group in parliament consists of six members.

Addressing the media later, TNA Chief R. Sampanthan insisted that PM Rajapaksa should have proven his majority in parliament without causing chaos.

Trincomalee District MP Sampanthan said that President Sirisena named Mahinda Rajapaksa PM as he believed Rajapaksa had the majority in parliament. The veteran politician said that Rajapaksa should have faced the NCM.

The TNA parliamentary group comprises 15 in the wake of one lawmaker pledging allegiance to Sirisena-Rajapaksa combine.

Both the TNA and JVP have pledged support to the UNP parliamentary group comprising106, including the Speaker plus one who contested on the SLMC ticket.

Heeded the voice of the majority - Speaker

Speaker Karu Jayasuriya’s letter to President Maithripala Sirisena in response to the letter sent by the President.

Friday, November 16, 2018

Your Excellency,

I acknowledge the receipt of the letter dated 14.11.2018 addressed to me by you. It is obvious that the resolution passed by 122 Members of Parliament yesterday (14.11.2018) has been challenged by you.
Those 122 Members of Parliament included Members of Parliament of the United National Party, Sri Lanka Freedom Party, Tamil National Alliance and Janatha Vimukthi Peramuna and a few Members of Parliament and Ministers of the new government.

It is regretting that you have forgotten that you ascended to the post of President and Hon. Ranil Wickramasinghe to the post of Prime Minister on 8th January 2015 upon the mandate of the people given thence.

I consider it my duty to remind to you that I went around the country with you addressing over 140 public rallies in order to seek a mandate from the people to make you the President and Hon.Ranil Wickramasinghe the Prime Minister. I also wish to remind to you that conferring the Premiership occurred on the agreement of everybody in the then government.

On this particular occasion, the change of premiership was not effected with such concurrence or having regard for the majority of Parliament.

I wish to thank you for reminding me the responsibility of acting independently as the Speaker. It is the stand of the democratic, civilized society that standing up for 122 Members of Parliament is heeding the voice of the majority which should not be construed as being biased.

After assuming duties as the Speaker I can, true to my conscience, state that I have not stepped in to Sirikotha, the headquarters of the United National Party. Further, I have not participated, even at a minor level, in any political activity of the party.

I wish to remind you that allegations were preferred against me by the ruling party members led by the United National Party for allocating more time for the Members of Parliament of the Opposition and it was also suggested that I should be replaced as the Speaker.

I was astonished by comments made by you as a seasoned parliamentarian and a matured representative of people which referred to the way I conducted affairs in Parliament yesterday as being inconsistent with the Constitution, the Standing Orders and the parliamentary traditions.
The Ministers of the new government, having realized that they do not have the capability of demonstrating the majority of Parliament, gathered at the well of the House denigrating democratic and parliamentary traditions with absolute disregard for the Standing Orders, hurling most vituperative and abusive words while trying to grab the mace was a far cry from the term “Honourable” Members of Parliament. By watching the compact discs of the proceedings of the House yesterday, you may well be able to understand how some Members of Parliament deliberately tried to prevent a vote by their ugly conduct.

I also wish to state with responsibility that all 122 Members of Parliament who voted for the motion were present at the House yesterday. Amongst them were some Ministers and Members of Parliament of the government. Though I made a respectful request thrice appealing for their support to duly take the vote, I was not given any opportunity for taking such a vote and accordingly, in terms of the Standing Order 47(1) I had to take the vote by voices and declare that it had been passed by the majority.

Your Excellency,
The country has plunged into a serious disorder owing to the decision taken by you on the 26th of October. The economy of the country, living conditions of the people, arrival of tourists, the goodwill earned by Sri Lanka at the international arena and the reputation you earned during your long political career are in the process of rapidly diminishing at the moment. An unnecessary conflict between the executive and the legislature has been created as a result.

It is with great respect that I urge you on behalf of all the citizens of the country and the future generations to come, that expeditious measures be taken to save the nation from this catastrophe by lending your ears to the majority view of Parliament without further delay.

I will send you a response explaining the constitutional perspective and the other matters stated in your letter, after having obtained the instructions of the legal experts.

Although we had an appointment today at 8.30 a.m. it is the opinion of the party leaders that such a meeting would serve no purpose, given the attitudes that are explicit in your letter.

In conclusion, it is with a patriotic gesture that I emphasize the fact that, I firmly believe that this dilemma can be unraveled through negotiations , for the sake of the august good governance objectives for which we all appear for and as a state which possess a legacy of matured democracy throughout seven decades.

Arrangements will be made to release this letter to media, since your letter too had been released thus.

Thank you, Yours Sincerely,

Karu Jayasuriya, Speaker

The Parliament Has Spoken

By Mass L. Usuf –NOVEMBER 15, 2018

මාස් එල්. යූසුෆ්

With the swearing in of the Member of Parliament Mr. Mahinda Rajapaksaas the Prime Minister on 26th October 2018, President Sirisena literally placed the whole nation in harm’s way. Thank God, sanity prevailed and what would otherwise had been a blood bath was averted.

The Brussels based International Crisis Group (ICG) had this report filed. “On 26 October, Sri Lanka’s President Maithripala Sirisena abruptly dismissed the prime minister, Ranil Wickremesinghe, and appointed controversial former President Mahinda Rajapaksa to the premier’s post, in a move that contravenes the constitution and threatens to destabilise the country. Rajapaksa’s appointment has already emboldened his supporters, with their actions provoking violence. More unrest is likely as the president and the new prime minister seek to consolidate support. The struggle for power jeopardises progress on reforms, ethnic reconciliation, and prospects for peaceful and fair elections in 2019.” (Crisis Group Asia Briefing N°152, Brussels, 31 October 2018).

It further noted that the power struggle now underway between Rajapaksa and Wickremesinghe has already turned violent, with the new prime minister’s supporters attempting to stop a recently ousted minister from entering his office and clashing with his security detail. Risks of further bloodshed are high, particularly if mass protests by Wickremesinghe loyalists continue over the coming days.

International Pariah

This move was a rash and negligent act for which the President should be held responsible. Besides placing the country on the brim of violence, he had by his imprudent act tarnished the image of one of the oldest democracies in South Asia. He also placed the economic interests of Sri Lanka in jeopardy. Foreign governments and organisations were reconsidering their economic support which were linked to democratic governance. The threat of European Union withdrawing preferential trade benefits, only restored to Sri Lanka in 2017 was imminent due to the unconstitutional change of power. The U.S. was urged by the ICG to immediately suspend the process for final approval of $450 million in economic development funding from the Millennium Challenge Corporation. Japan was reviewing the loan for the light rail project. In an unprecedented move ICG also recommended that Governments should begin to consider applying targeted sanctions against Sirisena, Rajapaksa, their families and their close associates should Sri Lanka’s constitutional coup proceed.

Abuse of Power

Following the appointment of the new Prime Minister, the alliance of the dismissed Prime Minister Ranil Wickremasinghe were fully geared to meet in Parliament. The institution where they have to test as to who commanded the majority in the Parliament according to the Constitution. To add salt to injury and of course, most unethically, President Sirisena committed another act of impudence by proroguing the Parliament on 27 October 2018. Thereby, depriving the floor test to ascertain majority in Parliament. Political analysts viewed the act of prorogation as a means of buying time to garner support for the new Prime Minister. The President by virtue of the powers vested in him by Article 70 of the Constitution can prorogue Parliament. However, given the circumstances and the timing of the order to prorogue Parliament, arguably the question arises if there has been an abuse in the use of such power.

The President is expected to act not inconsistent with the provisions of the Constitution and custom or usage. The duties in relation to the Constitution is stated as follows:

Geopolitics of resolving conflict with a redundant Constitution

Is it the outdated, warped Constitution that these vested power blocs and a few Western diplomats want to be honoured and abide by?

2018-11-16

he SC decision has pushed Rajapaksa into back foot defence on a daily basis, reacting to the Wickremesinghe strategy of taking decisions in a Parliament that remains prorogued but accepted by Western interests as Constitutional.
The Supreme Court (SC) decision to issue a stay order on the Gazette notification dissolving Parliament is given a completely distorted interpretation by Yahapalana Experts, to be in line with the Western power bloc.
Their accredited envoys in Colombo act firmly in legitimising the Government of their choice. On that strength, Speaker Karu Jayasuriya convened the prorogued Parliament, though constitutionally the Speaker has no such power.

The US AmbassadorMs Teplitz, who went to the Parliamentary complex with a few other diplomatic colleagues to watch over the proceedings on 14 November, later told media, she was glad the institution was once again fulfilling its constitutional role.
That said much about Wickremesinghe believing he could assert himself as the PM and muster a majority, with some MPs bought over, and some MPs crossing over for the second time in two weeks.

Geopolitics and the Constitution

For the Western diplomats that included the US, Germany, Canada, who on October 27, went to Temple Trees and then made their way to Parliament last Wednesday (India that sent its Deputy HC in Colombo to TTs on Oct 27. was a conspicuous absentee among diplomats in Parliament), act on their own geopolitical agenda.
But that does not allow the stay order decided by the Supreme Court on the Gazette notification dissolving Parliament to convene Parliament.

The SC did not rescind or squash the Gazette notification dissolving Parliament as illegal and unconstitutional. All that remains to be decided upon, after the SC accepts objections and deliberates on them before finally deciding on the legality of that Gazette.
Therefore, the previous Gazette convening Parliament on November 14 cannot be operational as argued by the Colombo interests.

This Parliament sitting is another illegal act, as prorogation was NOT challenged as unconstitutional, but was only appealed to be immediately convened by the President.
A prorogued Parliament can only be convened by the President after which a new date has to be fixed for Parliamentary business proper to begin. The Speaker becomes the authority in Parliament, thereafter.
The Constitution is being used by both sides in usurping power, leaving out the People.

The SC is called upon to decide the legality of constitutional jugglery. It leaves aside intrusions of the Western power bloc on their geopolitical interests, that create the tug-O-war between Wickremesinghe backed by them, and Rajapaksa with Sirisena counted as anti-West, pro-China agents.
This type of political coups with external factors involved in internal politics can only be engineered in a society where the citizenry is very much distanced from democratic participation, where democratic traditions have faded off through two or three generations.

Democracy as an empty shell

They raise major issues on democracy and Sovereignty of the People, here in Sri Lanka. Ever since the 1978 Constitution that was amended 19 times, Sovereignty of the People became a mere Article in
the Constitution.
Democracy came to be promoted as unrestricted consumer freedom in a free market. Freedom of choice and the individual right to compete in this free market evolved as a democracy.

The sovereignty of the people and democracy is thus reduced to holding elections. These elections are also held as procedural events in a calendar, dates for which Parliament keeps altering, with the Opposition including JVP and TNA compromising.
Truly immersed in a consumer market struggling to improve on their incomes, people show no decisive opposition and interest in these elections. Apathy with which even procedural democracy is treated was in public display when the National Elections Commission (NEC) member Dr Hoole, went to SC with an FR petition against the dissolution of Parliament with elections fixed for January 5, 2019.

He did not go to the SC pleading for LG elections that were postponed for over two and a half years and PC elections postponed even without a date announced.
Electoral democracy is being ridiculed and degraded with politicians, the urban middle-class including professionals, academics and at times the Judiciary, focussed on procedure and not functionality. Democracy is not elections only. Democracy includes all fundamental rights enshrined in Article 14 of the Constitution.
They are nevertheless left to remain as statements with no independent mechanisms to challenge violations, other than within the higher judiciary. A means, too costly and far outside, the reach of ordinary citizens.
Though Article 11 in Chapter III guarantees No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment that often times is blatantly violated with impunity.
Freedom from torture thus
remains irrelevant.

"No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex,….” also remains on hold with Tamils, Muslims and even Sinhala Christians being heavily discriminated against "

Article 12 (2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex,….” also remains on hold with Tamil, Muslim and even Sinhala Christians being heavily discriminated against with Sinhala Buddhist extremism oppressively dominating social space and often selectively treated by law-enforcement agencies themselves trapped within Sinhala
Buddhist dominance.
For the war-affected, deprived and suppressed people in the North and the East, Article 14(1)(f) the freedom by himself or in association with others to enjoy and promote his own culture and to use his own language is irrelevant with regular complaints on Sinhala colonisation of their areas.
Sinhala colonisation brings with it forced cultural interventions, the Tamil people are unable to resist with ITAK leadership in the TNA playing Colombo Politics with the UNP and with Western diplomatic interests.

Almost all employees in the export manufacture sector from among over 2.4 million workers in the private sector are denied their Fundamental Rights as guaranteed in Article 14(1)(c) and (d) of the Constitution that says:
“Every Citizen is entitled to (c) the freedom of association” and “(d) the freedom to form and join a trade union”. BOI of Sri Lanka Act has allowed the BOI to restrict organised labour through administrative guidelines and the vision and mission of the 95-year-old Labour Department have over the past few decades changed to decide in favour of the employer instead of safeguarding the rights of the employee.
In this unfettered free market, with foreign direct investments intensely promoted as the only way Sri Lanka could develop within this global economy, even the Judiciary tends to give the employer the benefit of exploiting labour.

Sri Lanka has thus drifted into a pathetically agonising situation where the Constitution is flouted for vested interests by rich and powerful political blocs in the city.
Fundamental Rights have little meaning if any in functional terms. Workers are left non-unionised for the benefit of the filthy rich in an unrestricted free market.
Privately owned media are used for political bargaining by big-time funders of immensely corrupt political parties. State media are controlled by those same corrupt political parties in Government. In a heavily atomised high-frequency urban consumer society, the middle-class professionals, the English speaking elite, NGOs and the anti-Rajapaksa social activists who by default present themselves as saviours of democracy live out of this free market economy.
They dominate social opinion through Colombo based mainstream media.
Democracy, therefore, remains the property of the powerful with a Constitution that is overridden with ambiguity and contradictions.

Geopolitics of democracy

This outdated and warped Constitution is what these vested power blocs in the city and few Western diplomats claim should be honoured and abided by.
The term constitutionality is thus given more importance than democracy.
Functional democracy would not allow their involvements in the internal life of the country. Functional democracy in the first place, would not have allowed this Yahapalana insanity in power politics.

Yet, for the Western powers deeply involved in the internal conflict, it is about keeping Rajapaksa-Sirisena combine out of power at whatever cost.
They perhaps regret they were not rich enough to fund the Wickremesinghe Government all through these years, other than through the IMF that comes with conditions attached.
That pushed the Wickremesinghe Government to compromise with China on a weak wicket. They fear China would come back stronger, building on what Wickremesinghe compromised on if Rajapaksa was allowed a comeback.

Thus, it is now a serious geopolitical issue for the US-led Western diplomacy to keep Rajapaksa out, and strengthen a Wickremesinghe Government politically and economically, to gradually wean out Chinese influence.
It is geopolitical supremacy played out in the Indian Ocean. With pro-Chinese strongman Yameenin Male ousted and Mohamad Nasheed going back home, Western geopolitics have regained space they now need to consolidate. That is about saving Sri Lanka from pro-Chinese dominance.
This Western involvement in Colombo is about taking advantage gained in the Maldives, a project India does not want to burn its fingers with but welcomes as big brother in the sub-continent. Thus, it is not about an election for people to elect a government of their choice, but about installing a government the Western power bloc is comfortable with.

The danger lies in this Colombo alliance being projected in the majority Sinhala South as anti-Sinhala Buddhist; Western interests with the Colombo political lobby and the ITAK leadership that campaigned for war crimes investigations, back again in full throttle, working together.
Unfortunately for the people, this provides Rajapaksa with the most comfortable platform for his comeback.
What is being fought for by both sides is not going to resolve with a Supreme Court Ruling. This now needs a people’s movement for constitutional reforms, in drafting a constitution the people could own as their supreme law.