‘In my dreams I see my son’: Sri Lanka mourns its missing – in pictures

Marco Valle-Thu 22 Nov 2018

Nine years after Sri Lanka’s civil war ended, the spectre of the disappeared still haunts the country. Between 1983 and 2009, more than 65,000 people went missing. Marco Valle’s images reflect the hope and powerlessness of the Tamil families of the missing

Thu 22 Nov 2018 07.00 GMT

Ten years ago, Manuel Udachandra’s son was taken away to be interrogated by the Sinhalese army. She has never seen him since, and has never stopped looking for him. She stood as a candidate in local elections earlier this year, because she wanted to be a voice for the families of the disappeared

Two people walk on the railway that connects Colombo with the Badulla district. The current population in Sri Lanka is divided into Sinhalese (74%), Tamil (18%, of which 6% are of Indian origin), Arabs (7%) and Veddah (1%)

People living in this shantytown in Kilinochchi have been staging a protest against the government for the past 349 days. The demonstrators are calling for the release of children on the missing list, permission to enter secret detention camps, the release of political prisoners, and the partial demilitarisation of northern areas. On the 365th day of their protest, they will start a hunger strike

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1300 acres in North and East still with Sri Lanka Army

Written by Staff Writer    25 Nov, 2018 | 9:41 PM

Colombo (News1st): The Sri Lanka Army says that 1300 acres of private land in the North and the East are still in their custody.

According to the Army, over 19,000 acres of private land owned by the Military for 3 years from January 2015, has been handed over to the original settlers.

They went onto note that these lands were handed over to the residents in a manner that it would not threaten the national security.

On the directive of President Maithripala Sirisena, the Defense Ministry commenced a study on land that could be released in the North and East.

The Army says that the study has been completed. It is further stated that 95% of the lands have been handed over to the original owners, and the remaining 5% are left to be handed over.

Private Lands in Palali, Killinochchi, Mulative, Kopilav, and Mailad have been handed over to the landowners.

The President recently stated that the lands belonging to North-East security units will be handed over to the original residents before the 31 of December.

Series of deaths Chilaw Gen. Hospital comes under the ‘microscope’

2018-11-28

Within a period of 10 days in the month of October, 2018 three neonatal deaths and one maternal deaths were reported from the Chilaw District General Hospital, raising concern as to whether something was seriously wrong in the medical set-up.
Rasika Jeewani, a 34-year-old mother and her baby died on October 28. According to reports, her husband Aruna Priyanga says that she was in good health when she was admitted to the hospital.

They had requested for a caesarean operation to deliver the baby, but the doctors had opted for normal delivery. Both mother and the baby had died later. Priyanga complains that the doctors had not considered their request and demands the authorities to do a handwriting test to determine whether the handwriting in the admission card was his wife’s. He says that his wife had requested a caesarean operation. 


Following the death of the mother and child, another neonatal death occurred. The baby of Tania Kalhari (21) died on November 04. The hospital authorities had claimed that the mother had diabetes and the condition led to the death of the baby. The next day, November 05, another baby died at the same hospital during delivery. This was the baby of Periyandi Wathani, a 30-year-old mother from Udappuwa in Arachchikattuwa. She had been admitted to the hospital on October 24 for the birth of her second child. Wathani’s baby was buried the next day, on November 06, without autopsy being performed. 

Following the three deaths and accusations made by the patients, the Acting Director of the hospital Dr. L. Poddalgoda told the media that he had admitted that the deaths were unusual. He had said that an investigation was underway to determine whether these deaths were caused by any germ or due to negligence of the staff.

Investigation produces nothing 

The Daily Mirror spoke to the Acting Director, who said that they had conducted an investigation, but nothing was found. He said that one baby was immature and already dead at the time of delivery, while one of the others had died; due to what they believed was a congenital bleeding disorder. They had done two diagnoses to find the cause of death.

Asked why the doctors had done a normal delivery when Jeewani, the mother, had signed for a c-section operation, the director said that usually most mothers requested for a caesarean while they were awaiting delivery. He said it was not the patient, but the consultant who had to decide whether to do a normal delivery or a C-section. He also said the blood pressure of the mother was under control.
Priyanga, the husband of Jeewani, spoke about the death.

“She was admitted on October 24 to the Chilaw Hospital. She was there for three days and was taken to the theatre on October 27, about 2.30 p.m. My wife signed for a Caesarean operation, but the doctors had opted for normal delivery. This led to her death. I think she would have been alive if they did a Caesarean operation because she had high blood pressure,” he lamented.


According to him, the doctors had said that they were doing only a limited number of Cesarean operations.

“Mothers who opt for normal delivery are often left alone and people say that some of the labour room nurses are not friendly. I heard that more babies had died in the hospital after the death of my wife and the baby. The authorities should take action immediately. Maybe she was just another patient for them, but she was my wife. It is not worth to risk my wife’s life for anyone’s carelessness,” said a sobbing husband.

“We are operating a school service van, and the children in the van are inquiring about her. They still cry and ask me to make a complaint with the police. Anyway, no one can bring her back to life. I have lost her, but I don’t want it to happen to any other mother or child” he said between sobs.

According to media reports such tragedies have taken place even earlier at the Chilaw Hospital.
M. Sajeewa Shriyanthi Silva (34) in Rambepitiya, had died after delivering twins in a C- section surgery at the Chilaw Hospital. She had died during a complex operation in October 2014, according to news appearing in a website under the headline, “Woman dies after Caesarean Operation in Chilaw”. The husband of the deceased had said that the hospital had not been able to provide the assistance of a VOG, which he cited as the reason for the death of his wife.

On September 09, 2016 a news item accompanied by a video reported the death of 51-year-old Jude Francis in Julianwatta, Chilaw. The report said that Francis was allegedly pushed out of the hospital by the security officers because they thought he was drunk. He had then fallen and hit his head when he was pushed out. The autotsy was done at the Negombo District General Hospital and the cause of death was found to be internal bleeding, in the head.

A series of deaths during delivery gives a clear indication that something is seriously wrong and immediate action is needed to stop whatever is causing these deaths. 

Equality the key to prosperity

Piyadasa Rillagoda-Wednesday, November 28, 2018

The time is opportune to investigate whether the rulers who have ruled us so far have served us with the same ladle or some have been more equal than others. It seems so. On the other hand, in a profound and analytical perusal for country’s politics seems to be the bone of contention of all the turmoils and catastrophes on our paradise isle. As law abiding citizens we have the birth right to raise our accusing finger against who have done this crime to drag the nation into this treacherous bog of political paralysis. This cardinal truth has been viewed vividly in Richard De Soyza’s poem Birds, Beasts and Relatives.

Based on the above preamble the writer wishes to makes an in-depth and yet unbiased investigation into this matter of paramount importance in a nutshell in the national press.

Identity politics has not proved fruitful in any country where democracy prevails. It is perishable and Sri Lanka is not an exception. But all the consecutive governments have followed suit on their whims and fancies without heeding its cataclysmic consequences on the victimized lot. It is very discernible to the right thinking masses that freedom and the universal suffrage that we enjoy today are not so valuable to the slaves. The slaves of any version uphold slavery. Our freedom was given to us on a platter on someone’s birthday albeit India achieved sovereignty from the British rulers after a hard struggle led by genuine sons of the soil. The statues of their leaders are built in the Indian hearts. In our paradise isle we build statues everywhere where there is room. Thus we render a yeoman service to the crows and other creatures to drop their excreta very proudly on our leaders’ bald heads.

All the consecutive governments paid Cinderella treatment to the country’s educated lot. The rulers learnt a bitter lesson for their discrimination in an abortive revolution. Their struggle didn’t come into fruition, but it rang alarm bells to the rulers. The educated lot of any country could be the engine of growth if their youthful exuberance, wisdom and knowledge could be harnessed for the forward march of the nation. The leaders of the April uprising thus fired a strong salvo against the rulers who discriminate the super power of the nation.

Racial discrimination

Racial discrimination is another disgrace to a country like Sri Lanka because it is a plural society. All the races ought to be treated on the same footing. All are human beings. Buddhism is the main religion of the country. Yet, the rulers discriminate other races. The Enlightened One attended on Sopaka in the same spirit even though he was born to Sakya clan. The pith of the matter of terrorism in Sri Lanka lies in racial discrimination. The races could make or mar governments.

Caste favouration is another disgraceful aspect in Sri Lankan body politics. This platoon in identity politics does unpardonable crimes in broad day light. The caste is patronized by the powerful representative of the ruling party and thus basic human rights of the rest are grossly violated.

An analytical study of the country’s development pattern projects regional bias based on the influence of the high ranking political leaders. Some electorates ironically become no-man’s land and the people in such areas cannot see the light at the end of the tunnel. This discrimination is a convincing index for the short-sightedness of the heads of the governments.

Women do not play second fiddle to men in the modern society, but most of the governments that came into power on the shoulders of women didn’t give them their due. Gender discrimination is undemocratic and all the rulers cut their umbilical code from a mother.

Vibrant democracy

 

Religion is a birthright in a vibrant democracy. Almost all the governments so far acquired the ruling power of the country on the religious card. Every religion is equal on the cultural basis. On this count, every religion ought to be given due recognition in practice.

Rural and urban division of the country is not acceptable in allocating public assets for development. In fact, urban society depends on the resources of the countryside. In development and policy planning, rural areas too have to be given due share.

Geopolitics should not be destined on the colour or colours of the political parties. The blood of all the voters in each and every constituency is of the same colour.

Everyone should be equal before the law of the country. But some seem to be more equal than others. In Victorian judiciary justice was overpowered by money and Jaggers in Dickens’s Great Expectations enjoyed the pride of place. Dickens says in this magnum opus that the judiciary during that era was corrupt to the hilt. Are we to get the same disgrace by treating one segment of the society by giving undue favours? The Sword of Damocles should hang over everyone in the same weight.

Impartiality of the judiciary should be upheld at any cost. He also says that the judge’s feet shakes when Jaggers is on his feet for submissions. Some Jaggers in Sri Lanka take immediate silk after passing out and become legal eagles making the profession a lucrative business. The poor fall into the ditch.

The nation is bleeding. Yet, all are basking in the ancient glory of a bygone era. Narrow politics should be done away with immediate effect. It is the need of the hour. It is the public outcry.

Everyone ought to be country’s concern without any iota of discrimination.

Burning The House 

By Radhika Coomaraswamy –NOVEMBER 26, 2018

Dr. Radhika Coomaraswamy

For the most part of the last few weeks we have been in a suspended state of disbelief. Yes, the 2015 government had not lived up to its expectations, some people were plotting for the next election to teach them a lesson, and then lightening struck. The Prime Minister was removed in the stealth of the night replaced by the archrival that the President was elected to depose, Parliament was prorogued and then dissolved and a cabinet appointed. Neither the Prime Minister nor the cabinet have shown that they have the majority of Parliament behind them and this autocratic rule will continue until the leadership accepts in theory and in practice that the legitimacy of a prime minister rests on his numbers in Parliament. 

Every day my friends and I text each other with information on who is crossing, what is happening here, what is happening there, so much so that we get lost in the weeds and miss the big picture. What is the big picture? We are today witnessing the gross abuse of executive power in ways that have been quite unimaginable even to the best of our cynics. It is power being wielded not only against the traditions and customs of a parliamentary tradition but in brazen disregard of the words and terms of the Constitution. When I meet people socially due to spin and confusion they say, “Who cares- one set of crooks vs. another set of crooks”. This is not about the crooks; it is about institutions, democracy and the system of government you would like in place for your children. 

The first institution under attack by this runaway executive is the institution of Parliament. It is true the public image of Parliament and parliamentarians is not very good but they do pass laws and do many other things that allow us to govern ourselves according to a set process. The procedure set for the removal of the Prime Minister is quite clear if one reads the plain meaning and the intent of the text as a whole. However even if one were to justify the removal, the most important point in a parliamentary democracy is that the prime minister must enjoy the confidence of a parliamentary majority. So even if the removal and appointment were legal, the next step would have been to go to Parliament and take a floor test as soon as possible to see who enjoys the confidence of the house. Instead Parliament was prorogued and dissolved leaving behind a Prime Minister and Cabinet that do not have the approval of Parliament. The fact that the SLPP is a willing partner in this even though it has a great deal of popularity in the country and would have probably won the next election is also disturbing.

What was equally as disturbing as the attack on Parliament was the pressure and intimidation aimed at the Speaker. Parliament is supposed to be a co-equal arm of government, a check to a willful executive. Parliamentary staff are expected to take their instructions from the Speaker who heads this co-equal arm. Instead officials of Parliament defied the Speaker and decided to follow the President, an institution they were supposed to check and balance. In addition the Speaker was under assault by some parliamentarians when no confidence motions were brought forward. Though parliamentary brawls around the world are epic, the image of incredulous policemen and women guarding our Speaker as abuse and objects were hurled at them is truly unique. Protecting the powers, privileges and immunities of the Speaker is a must if we are to remain a parliamentary democracy. 

The second tradition that is being attacked by the runaway executive are long settled rules of legal interpretation. The arguments for dissolution that the government presented and will be tested in the Supreme Court are a case in point. The Constitution gives the President a general power to dissolve, as one of his many powers. Then in a specific provision it states that the President can only dissolve Parliament after 4 ½ years. It is one of the longest settled rules of legal interpretation that the specific trumps the general; specific provisions qualify the general power. Another well accepted rule of interpretations is that the later law qualifies the earlier one- this too is ignored with regard to the nineteenth amendment. This perversion of legal interpretation in this case will perplex most lawyers as a crude, instrumental use of the law. 

Another strange development is the President using his powers to change the leadership of a party other than his own. Whether the UNP needs a change of leadership is something to be discussed by the members of the party and the public. But removing, proroguing, dissolving Parliament all because you do not like the leader of another party is quite extraordinary. The President in his first speech on the subject equated his relationship with the prime minister to a bad marriage. Surely the answer to a bad marriage is to seek the advice of a counselor and not to burn the house down with the children in it. In politics and in life one has to work with people one does not like. One can manoeuvre, discuss or position oneself in this situation but protecting institutions and their integrity must surely be more important than personality differences. 

When the President prorogued Parliament to try and get a parliamentary majority I was alarmed but found that most people were equivocal. I was interested by the comments average people made. It was along the lines of “It is a done deal they will buy them over”. There was very little moral outrage in this reaction but a cynical acceptance of what politics was like in this day and age. The fact that my Member of Parliament can be bought over for any amount of money without any reaction made me realize the depth of despair in this country with regard to our politics. Interestingly the people who received the least respect were the minority parties. Many people assured me that they would be bought over first. As a minority I found this a stunning rebuke to our self-respect. Is that what people think of minority political leaders that they can be bought and sold like in an auction? 

Speaking of minorities, the scenes at Rupavahini, the Ceylon Petroleum Corporation, the release of the man supposedly responsible for the Digana anti-Muslim riots, instead of re-remanding him as they did in the past, began to raise the threshold of fear- the fear of unruly mobs let loose by politicians and some religious figures. The fear has not gone away. One must commend the Army Commander and the armed services for staying away from this very political contest and one must acknowledge that whatever else he did the President did not call out the military. Nevertheless there are ominous signs, pockets of violence, unruly demonstrations, pockets of thuggery, a pliant Attorney General and an uneasy peace. 

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Setting a perilous political precedent

by Jehan Perera-November 26, 2018, 8:59 pm 

In a constitutional democracy, the constitution is the supreme law and governance cannot be on the basis of personal prejudices or the whims and fancies of individuals. The purpose of the constitution is to take political decision-making out of that personal realm to give stability and predictability to the government. It is now a month since the Black Friday of October 26 when the Sri Lankan polity was plunged into a constitutional and political crisis by President Maithripala Sirisena when he decided he had no option but to sack Prime Minister Ranil Wickremesinghe and his government, and just as arbitrarily to replace him with former president Mahinda Rajapaksa from the ranks of the opposition.

Most recently President Sirisena has reaffirmed to the international and local media that under no circumstances would he reappoint Mr Wickremesinghe as prime minister. He has also now added Field Marshall Sarath Fonseka to this list of non-options. The president’s understanding of his role as mandated by the constitution is an extremely personal one. It is almost as if he considers, his position as president as conferring personal rights in a constitutional setting in which his personal prejudices can take first place. The president has since that fateful October 26 offered a litany of reasons for sacking the prime minister including corruption, not paying attention to an alleged assassination attempt and not sharing information with him.

When the president spoke those words highlighting his personal frustrations and his motivations I was in Anuradhapura, next to the home district of the president, talking to the staff of a hotel who were unaware of the constitutional issues underlying the president’s controversial utterances. They were despondent for a different reason. They had just been informed that yet another tour group, this time consisting of 40 foreign tourists, had cancelled. Even though the embattled political leaders may not be realizing it, the staff could see their hope of a year’s end bonus to treat their families recede.

The manager of the hotel was more prepared than his staff to express his opinion on the political crisis that had jeopardized all their incomes. He opined that the politicians in parliament were no better than a pack of wolves. But having said that he made it clear that he preferred some wolves over others. When I asked him what did the people think about the current situation and the political crisis he said that the people were happy that Prime Minister Wickremesinghe had been shown the door and they were also happy that former president Rajapaksa had been appointed in his place.

ABYSMAL LITERACY

The staff and manager of that hotel in Anuradhapura were not aware of the legal and constitutional issues involved in the sacking of Prime Minister Wickremesinghe and his replacement by former president Rajapaksa. They saw the political crisis in terms of a fight for power between two political formations and in particular between the two leaders of those formations. The previous day a religious leader had asked me why Mr Wickremesinghe thought he should be reinstated when he had only 45 parliamentarians backing him. This is an indication of the abysmal state of political literacy in the country.

It is in this context that former president Rajapaksa has started seeking public support to have general elections as soon as possible. This campaign has a pragmatic basis and is a recognition that his government today has faced defeat in parliament on every occasion on which there has been a vote. The former president and his allies have been unable to get a majority of parliamentarians to support them despite offering them huge inducements in the form of money and position. The deadlock in government stems from this reason.

The former president’s direct appeal to the electorate is an indication that he currently has no intention of relinquishing the position of prime minister that has been given to him by President Sirisena. He was given this position arbitrarily and against the democratic norm that the prime minister’s position should either be given to the person who is most likely to command the confidence of parliament or to the leader of the largest single party. At the time of the dissolution of the government coalition, the UNF, headed by Prime Minister Ranil Wickemesinghe, was the largest single party.

So far President Sirisena has shown no intention of following the norms of parliamentary democracy and appointing the person most likely to command the confidence of the majority of parliamentarians as the prime minister. In the ongoing crisis he has shown himself to be impervious to political appeals in this regard. He has ignored two votes of no-confidence in the prime minister he arbitrarily appointed. He has not heeded the public demonstrations by tens of thousands of political and civic activists and members of the general public or the pressure of the international community.

JUDICIAL SALVATION

On the other hand, the only institution that President Sirisena appears to be willing to defer to is the judiciary. When he wished to extend his term by a further year, he sought an advisory opinion from the Supreme Court. He did not complain or oppose or seek to sack the judges who said that his term was five years and not six years in terms of the 19th Amendment. When he decided to sack parliament after having sacked the prime minister, he did not publicly complain or oppose the judicial stay order. The willingness of the president to respect the judiciary, which has emerged as the arbiter between the executive and legislature in their clash needs to be appreciated.

Ironically, it was President Sirisena himself who gave leadership to the passage of the 19th Amendment at the time it was being framed, and took considerable pride in its reining in of the powers of the presidency. This supreme law was passed in 2015 by a nearly unanimous vote in parliament with only one MP opposing it. But now it appears that the president, the polity and the general public need to be educated about the meaning of the 19th Amendment. The 19th Amendment reduced the president’s powers and made this branch of government to be co-equal with the legislative and judicial branches.

This message of the 19th Amendment was understood by the university students from Rajarata University where I took part in the discussion. The staff of the hotel and their manager might have understood it too if they had joined our discussion. The president may wish to have his preferences met informally. But he cannot insist on having his prejudices accepted formally. It cannot be that the country’s future should be determined by the president’s personal likes and dislikes and that the determination of prime minister, government, cabinet of ministers and the state of the economy should be the subject of his personal discretion.

The path that is collectively decided now in this crisis will determine what is done in the future. The space given to presidential arbitrariness in the present will be the space provided for arbitrariness in the future by miscellaneous individuals who will preside on the political stage for a brief while but will take decisions that have lasting consequences. The decisions made today will determine how the country will be governed in the future. President Sirisena should not be encouraged to set a precedent so that the personal likes and dislikes of a future president will determine who the future prime minister, cabinet of ministers and state of the economy will be.

Looming prospect of targeted sanctions: How appropriate are they ?

 2018-11-27

Not long ago, the stooges of Mahinda Rajapaksa, and MR himself, spewed some fanciful justifications for the contested ( and obviously unethical) sacking of Ranil Wickremesinghe, and MR’s appointment as prime minister in one Friday night quirk by President Maithripala Sirisena.

One argument was that MR was appointed to salvage the crumbling economy. That Ranil though had a vision, was a poor implementer of his own economic policies provided some credence to the claims of saturation of economy during his tenure. However, MR, the purported prime minister for over a month, has presided over an accelerated economic collapse. The Rupee continues to depreciate under his watch, hitting yesterday, the all-time low of Rs.181against the US$. The initial depreciation of rupee during the previous months correlated to a world-wide trend of emerging market currency depreciation against the Benchmark as a result of rising interest rates and boost in Capital investment in America. However, the current slump of the Rupee is taking place while other emerging market currencies are appreciating against the Dollar.

Soon after his appointment as the Prime Minister cum Finance Minister MR tried to stall rupee depreciation by selling the foreign reserves. That momentarily halted the slump, but, after burning hard earned dollar reserves, the rupee is continuing its downward spiral. Still, the government of MR is not short of clowns. Trade Minister Bandula Gunawardene claims that plans are afoot to boost the rupee to reach a ratio of Rs.160 a US$. When quacks rule the roost, a nation is forced to live a big economic lie. That is until it bursts.

However, this false complacency cannot last longer. Last week, International credit rating agency, Moody’s downgraded Sri Lanka’s sovereign debt; IMF delayed the release of US $ 250 million fifth tranche of a US $ 1.5 billion IMF extended loan facility , ‘pending political clarity’.

In an interview with Kelum Bandara of this newspaper, German Ambassador Jörn Rohde,who had been vocal, (rightly so), of Sri Lanka’s deliberately inflicted political impasse , spoke eloquently of the economic loss impacted upon on the country by the current crisis.

In the Down South, hoteliers complain that 30% of pre-booking orders have been cancelled. Tellingly, all that is after the Lonely Planet named Sri Lanka as the best travel destination for 2019. There is a looming danger of the suspension of GSP Plus trade concessions. The agreement on a US$ 460 million grant by the Millennium Challenge Cooperation, which was to be signed in December is likely to be delayed. A Japanese concessionary loan for the Colombo mono rail project could well suffer the same fate. In the meantime, the government has turned to China for another US $ 500 million loan to finance debt repayment.

German envoy Jörn Rohde was vocal, (rightly so), of Sri Lanka’s deliberately inflicted political impasse, spoke eloquently of the economic loss impacted upon on the country by the current crisis

The full scale of unfolding catastrophe is not yet felt , partly due to the Western countries that had rebuilt the bridges with Sri Lanka during the Yahapalana government, are still reluctant to burn them. The measured tone of international concerns also underpins the geopolitical interests especially of Japan, India and the United States, at a time China is salivating at an opportunity to reclaim its influence. Pushing Messrs. Sirisena and MR to the corner would force the duo to turn to China for a sense of legitimacy, ego boost and hard cash.

However, whether the West’s rewarding of an illegitimate government would serve their long term interests, and also Sri Lanka’s domestic interests of democracy is open to question. Mollycoddling the current regime, which has refused to accept the verdict of a Parliamentary majority, would only embolden intransigence. The government that lacks legitimacy back home, sooner or later would lose legitimacy in the eyes of the civilized world. That in turn would push the regime further into the embrace of authoritarian states. After all, there is an observable correlation between the extent of democratic values of the ruling elites, and the trajectory of their foreign policies and their rapport with the democratic world.

If the constitutional coup persists against saner advice, the international community would lose patience at some point and cut Sri Lanka lose. However, the government would characterize such international measures, especially the economic ones, as part of a broader anti-Sri Lankan conspiracy. Retrograde nationalism and gutter fanaticism would be mobilized to legitimize an undemocratic regime and intimidate its opponents. Sinister tactics of intimidation of not so long ago would be reincarnated. The recent apparently politically instructed release of the suspects of anti-Muslim violence in Digana and rejuvenation of BBS are torch bearers of a government strategy which would come into action in the near future.

There is also a looming prospect that the Western nations may go for targeted sanctions against the key protagonists of the purported government and their immediate families. That would include travel embargoes and asset freeze. The US State Department has on multiple occasions frozen assets of cronies of Kremlin and members of ruling cohorts of Venezuela, Nicaragua and Iran’s Red Guard, among others. The recent silence of MR’s American passport-holding siblings is reportedly attributed to these concerns.

Targeted sanctions on the regime elites are a far more effective tool in taming them, than indiscriminate economic sanctions. That is because politics in this part of the world is a hostage to the personal ambitions of the ruling elite. The current crisis itself is a product of that dynamic. Degenerative effect of such personalized political gambles can best be tackled by targeting what those opportunistic elites hold dear to their hearts, i.e. their selfish interest, much less the national interest. Such measures would also have a far reaching delegitimizing effect; regional leaders who otherwise hobnob, would be dissuaded to do so. Even the electorate would be less inclined to elect such personalities.

Tagging a pariah as a pariah, rather than the country as a whole is what the international community should resort to if it is short of options on Sri Lanka.

Sri Lanka's majority party calls on President to include himself in his corruption probe against Unity Government 

Mon, Nov 26, 2018, 02:06 pm SL Time, ColomboPage News Desk, Sri Lanka.

Nov 26, Colombo: United National Party (UNP, the majority party in Sri Lanka's parliament has called on the President Maithripala Sirisena to subject himself to a probe he has proposed to inquire into the corruption and fraud that took place in the unity government during Prime Minister Ranil Wickremesinghe tenure.

President Sirisena meeting with foreign correspondents on Sunday said a presidential commission will be appointed to inquire into the fraud in Central Bank as well as other acts of fraud and corruption occurred during the period of 2015 to 25th of October 2018 while Ranil Wickremesinghe was the Prime Minister and that would reveal more issues on fraud and corruption happened during that period to the country as well as to the people in the near future.

Responding to President's statement, Chairman of the UNP, parliamentarian Kabir Hashim pointed out that the President Sirisena was the Head of the Government as well as the Head of the State and if there were corruption and fraud in the government, the President is also equally responsible.

MP Hashim said the President has yet again tried to justify the illegal removal of Prime Minister Ranil Wickremesinghe on the 26th of October 2018 by saying, it was due to corruption and that a Presidential Commission of inquiry will be established to look into cases of corruption between Jan 2015 and Oct 2018.

"The government that operated during this period was in no way 'A Ranil Wickremesinghe Government'," Hashim said.

"President Maithripala Sirisena who headed the National Unity Government was not only the Head of State but also the Head of Government. All decisions were made by a Cabinet chaired by the President. If there was corruption in the past 3½ years as the President says, the President has equally to share the blame."

The UNP Chairman welcoming the appointment of a Presidential Commission to look into this period insisted that President Sirisena should not make himself immune to the investigation.

"We also insist that President Sirisena is not made immune to the investigation himself," he said.
Responding to President's vow not to appoint Ranil Wickremesinghe as PM in his lifetime, even if legally proven that he commands the confidence of the majority in the House, MP Kabir Hashim said the statement is a blatant violation of the fundamentals of Parliamentary Democracy.

"This is yet another blatant violation of the fundamentals of Parliamentary Democracy. The President has no choice but to act within the framework of Constitutional Provisions and the Constitution does not make provisions for personal vendettas."

The UNP also reminded President Sirisena that he is not president for life.


"Finally, the United National Party would also like to remind President Sirisena that he has not been elected for a life time and that his term as President comes to an end in less than 12 months."

The Constitution, the Judiciary, and Citizens

PROF. JAYADEVA UYANGODA- 11/27/2018

My wife, like many of her fellow citizens these days, has become very interested in learning about our Constitution and its 19th Amendment. She even borrowed from me a copy of the Constitution to read. The other day, she forwarded to me a social media post that carried a quote from Abraham Lincoln. It read as follows:  “We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who would subvert the Constitution.”

Meanwhile, a friend, who is in regular touch with the Tamil and Muslim political parties, told me: “ You know, they (the minority parties) are extremely worried about the way in which President Sirisena is treating the constitution.  Minorities cannot fully trust politicians and their promises, whether they are in the UNP, SLFP or any other party. They can only trust the Constitution; therefore, for them it is the Supreme Law of the land. That is why they feel that the constitution should be held inviolable. “ I agreed. “If the Constitution is abused so blatantly and interpreted so haphazardly by people in power, what is the state institution they can trust?” asked my friend to whom I answered: “Well, the Supreme Court is the last bastion of democracy for all citizens. If it fails, we all will fail, both the majority and the minorities ”

Citizens as Third Party

Sri Lanka’s political crisis has now come before the courts –the Supreme Court and the Court of Appeal – for arbitration. Each side engaged in the ongoing power struggle obviously expects the judiciary to rule in its favour.

Yet, there is a third party, a silent party, to this litigation that is not represented by counsel. That party are the citizens, ‘rightful masters’ of the executive, parliament and the judiciary, according to Articles 3 and 4 of the constitution, which will no doubt be cited in these cases quite fervently by the lawyers on behalf of their clients. Citizens can only expect that the judges are the counsel for the citizens and their rights, unsolicited defenders of their rights, freedom, democracy, and ultimately the democratic future of generations to come.

This unique role for Sri Lanka’s judiciary, as expected by citizens, has come into being under specific circumstances that have also provided the political context for the current constitutional controversy. The sudden removal of a sitting prime minister and appointment of a new one, and a week later, the dissolution of parliament by the head of the executive, by virtue of the authority given under general clauses of the constitution, and ignoring other substantive clauses that defined the ways in which the executive powers should really be exercised in concrete circumstances, created a massive constitutional confusion.

 From Confusion to Havoc

This confusion soon led to a situation of havoc when some leading lawyers and a retired chief justice explained and justified the three actions of the President by arguing that some ‘loopholes’ in the 19th Amendment had opened the doors for such unilateral action on technical grounds.

Now, citizens who have earlier been told by legal scholars, such as former law professors, to view the country’s Constitution as the ‘supreme law of the land’ and hold it as embodying  ‘a sacred covenant’ between the rulers and the ruled, were perplexed by this approach to the constitution. Is a constitution to be understood in relation to its linguistic or technical loopholes, or on the basis of its normative foundations and core conceptual assumptions? What is so supreme or sacred about a constitution, which we learn in the secondary school to right with capital ‘C’, if it is interpreted with reference to its so-called loopholes? Obviously, this is an issue that will come before the judges for contemplation and determination in the days ahead.

Core Values

Now, delineating the normative foundations and core values of Sri Lanka’s present constitution is also a task before the court given the conflicting approaches to the constitution pursued by different parties to the present controversy.  Core values of a democratic constitution define not only powers of each organ of the state and individual who hold political power, but also limits of the scope as well as the exercise of constitutionally authorized power.

The absence of an intellectual tradition of constitutional values and constitutional morality in our country, unlike in the neighboring India, makes the task all the more difficult.

This in a way offers a historical opportunity for our Supreme Court to make use of the current constitutional litigations to at least lay down the basic principles of constitutionalism and constitutional morality that should govern the rues and limits of the exercise of political power by those who hold it.

Two Approaches

There are two main approaches of constitutional interpretation in contention. The first, advanced on behalf of the head of the executive, is to interpret the clauses of the 19thAmendment as a minor tinkering the original 1978 Constitution as well as the 18th Amendment. This approach makes the argument that the 19th Amendment retains unaltered the basic framework of the executive presidential system, introduced by the 1978 original constitution and later enhanced by the 18th Amendment, and therefore the three actions by President Sirisena in late October and early November were well within the presidential powers entitled to him.

This approach, in effect, seeks to bring back, and revalidate, the 18th Amendment, through the backdoor. That, of course, is also the objective of those who vehemently opposed the constitutional reforms brought about by the 19th amendment in 2015. The other approach proposes the view that the 19th Amendment (a) substantially reduced the powers of the President as defined by the original 1978 constitution and enhanced by the 18th Amendment, and (b) created a Cabinet and a Parliament, free from arbitrary and unilateral control by the head of the executive.

In other words, the 19th Amendment is credited to having created a new balance of institutional power between the President, Prime Minister and Government, and Parliament, while retaining a limited range of transitional powers for the office of the President until his terms comes to an end. In this new balance of institutional power, presidential action in appointing a Prime Minister, removing a Prime Minister from office, and dissolving Parliament are not discretionary or absolute, but conditional to limits that are set out in the constitution itself.

Full Circle

As citizens, we do not know how the Court will respond to these two contending approaches to the present constitutional controversy. But citizens, as holders of sovereignty, have every right to expect that the Court’s determination will advance the interests of the country’s contemporary democratization process that began with a widely held political argument that Sri Lanka’s presidential system, introduced by the 1978 Constitution, should be either totally abolished, or substantially reformed.

Meanwhile, the enhancement of Presidential powers through the 18th Amendment was not the outcome of a popular demand on grounds of democratization. On the contrary, it was a wish fulfillment of one leader who happened to be the country’s President at the time. And it damaged Sri Lanka’s democracy, and citizens’ rights and freedoms, and democratic institutions, including the judiciary, in a manner that citizens still struggle to forget.

Now, Sri Lanka’s stakes for democratization has come full circle. Should the country see the dreaded 18th Amendment being brought back through the backdoor and watch how the gains of the democratic struggle, however limited they are, reversed once again because of the whims an fancies of another individual in power?

Citizens of Sri Lanka have a right to hope and pray that their judges, in this moment in which their democratic destiny is at the crossroads, will make the right decision.

Sirisena’s Last ‘Trump Card’: Sowing Discord In UNP & Engineering Leadership Tussle

By Rasika Jayakody –NOVEMBER 27, 2018

Rasika Jayakody

It was not too long ago that President Maithripala Sirisena told the SLFP All Island Executive Committee that he had many “trump cards” up his sleeve. His statement grabbed headlines in the immediate aftermath of the appointment of purported Prime Minister Mahinda Rajapaksa that was followed by the prorogation of Parliament.

In the days that followed, Sirisena appointed a number of Cabinet members to his purported government on a staggered basis and then dissolved Parliament, sharply contravening all constitutional barriers imposed by the 19th Amendment preventing such action by the Executive. He also attempted to engineer crossovers to solidify the position of Rajapaksa, but did not elicit a positive response from many of the UNPers he approached.

When the Supreme Court thwarted Sirisena’s first attempt to dissolve Parliament and hold snap elections, the President saw himself  caught between a rock and a hard place. His chosen Prime Minister Rajapaksa, did not have the numbers to demonstrate a simple majority in Parliament, and suffered three humiliating defeats in the House – including two back to back no-confidence motions. As a result of this, the country is now saddled with a government lacking legitimacy and an obstinate President refusing to accept the will of the legislature.

President Maithripala Sirisena has now exhausted all his options – his “trump cards”, if you will. The UNP has stood its ground, throwing its full support behind party leader Ranil Wickremesinghe, and Sirisena’s attempts to appoint another UNP parliamentarian as PM through the ‘backdoor’ have proven futile. Even though Sirisena has categorically ruled out the possibility of Wickremesinghe being re-appointed Prime Minister, the President has little legal room to manoeuvre.

The current impasse is proving to be costly for former President Mahinda Rajapaksa and his camp, which had seemed well positioned to secure a comprehensive victory at the next Parliamentary election, before the outbreak of this political crisis. As a senior UPFA Parliamentarian Kumara Welgama, a long time ally of the former President, aptly explains, the appointment of Rajapaksa as Prime Minister without the support of Parliament has brought a curse upon their own political movement.

The statement issued by former President Rajapaksa, this last  Sunday evening, is  also a manifestation of his current plight. In an uncharacteristically defensive statement, Rajapaksa said the government he formed on October 26 was only an “interim” government  and that he would need more time to form a stable one. It showed the former war-winning President, who was riding the crest of a populist wave before October 26, in a hapless position in which he is made to apologetically explain his actions to party supporters.

Moving forward, Parliament this week will vote on two motions, that will seek to cut off budgetary allocations to the Prime Minister’s Office and other ministries, held by members of the purported Cabinet. The two motions are likely to pass in Parliament with a clear majority, plunging Rajapaksa and his camp into deeper chaos. In the face of this humiliation  in Parliament and imminent legal battles over the legitimacy of his government, Rajapaksa will come under intense pressure to step down from his portfolio and resort to urgent damage-control measures.

In the current context, President Sirisena’s last and only ‘trump card’ seems to be sowing discord within the UNP, attempting to  pit Deputy Leader Sajith Premadasa against Wickremesinghe in a tussle for party leadership. It is clear that Sirisena’s anti-Wickremesinghe advisors and the media tycoons working hand-in-glove with him have launched a feverish campaign to discredit  the party leadership from within the camp. Sadly, a  section of hot-headed and impetuous UNP MPs have failed to comprehend the gravity of the current political crisis, and may even fall prey to Sirisena’s solipsistic plan.

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“Current crisis takes its toll on SL economy”

 2018-11-23

German Ambassador Jörn Rohde, who is vocal about the current developments in Sri Lanka, spoke about the impact of the present constitutional impasse on economic cooperation between his country and Sri Lanka. Earlier, he stressed openly that the problem should be resolved through Parliament. He was among the western envoys who witnessed Parliament taking up the no confidence motion against the new government. In an interview with the Daily Mirror, he chose to answer questions on the economic impact of the political problem, that prevails in the country. Excerpts:   

Q   How do you view the present situation?  

We have clearly seen it negatively since last week. I read newspaper reports. There is a cry for help from the leading business chambers. It is really starting to have real economic impacts. That is why they are advocating a speedy solution. From the embassy’s point of view, I see business activities already being effected. High ranking business visits have been cancelled.   

Q   Which ones?  

I do not want to go into more details. You can call it high ranking business visits that were planned. We expect a parliamentary delegation to arrive early next year. That is now in the balance. Secondly, it is the reputation of Sri Lanka that is suffering. As a trade representative, I myself went to the Asia Pacific Conference of German Business which is held biannually. It was in Jakarta this time. This is an opportunity for us. Then Minister Malik Samarawickrama was to represent Sri Lanka and present it as a place for investment before German CEOs. There were about 1000 German CEOs. That conference was on November 1. Naturally, the then Minister could not come. He was busy here. I was on stage. Instead of being able to sell Sri Lanka, we were posed with questions on what was going on here. Yours is the only country with two Prime Ministers. That is what they said. It was a difficult situation for us. In a nutshell, it was not the opportunity we sought to sell Sri Lanka. It was a wasted opportunity.   
Secondly, we opened the German Trade Office last year in Sri Lanka. Sri Lanka is the only country in South Asia, besides India, with a professional trade office. It is a German investment. The German Government and the industries pump in a lot of money there. The present situation puts such investment-long–term and middle term-in doubt.   
Everybody talks about Sri Lanka being the hub of South Asia. These are all questions endangering important things for investors.   

"Instead of being able to sell Sri Lanka, we were posed with questions on what was going on here. Yours is the only country with two Prime Ministers. That is what they said. It was a difficult situation for us. In a nutshell, it was not the opportunity we sought to sell Sri Lanka. It was a wasted opportunity"

Q   President Maithripala Sirisena made certain allegations regarding the lack of transparency in tender deals during the previous Government. Apart from the current climate, how do you see Sri Lanka’s general atmosphere for investment?   

It is quite easy to answer that question. German law prescribes very stringent compliance rules to be followed by German investors. These laws are very strict. None of these allegations ever touched German companies.   
I had a phone conference with a German bank. They wanted to come here. I asked them to postpone their visit due to current uncertainty. I had talks with German investors. Because of the present political circumstances, there is a complete paralysis of all the Ministries. German Development law was given to the Health Ministry. That is to build a maternity hospital in Galle. Loan disbursement is delayed. We are also financing a vocational training centre in the south. Everything is put on hold.   

Q   How big is that investment?  

In Matara, it is about 11 million Euros. For the development of the hospital, it is 42 million Euros. This is a loan. The delay costs the Sri Lankan tax payers. It is very unfortunate that decisions cannot be taken at this moment. Unfortunately, we have to advise the investors to wait until this situation subsides. Travel advisories by us and other countries have been updated. This also affects tourism.   

• I already see effects on business activities   

• High ranking business visit from Germany on hold   

• In a democracy, elections express will of votes  

• But, due process has to be followed  

Q   As far as the situation in Sri Lanka is concerned, is the impact on businesses the only concern of Germany?   

We are now talking about the economy. We have already expressed our general concerns either through the embassies of the European Union or through our spokesperson at the press conference in Germany.   
We are for the speedy conclusion of this problem. We want everyone to respect the rule of law and due process and transparency. Everybody said the same. In 2017, European Union granted the GSP + trade facility.   
Sri Lanka has been given GSP + in return for its commitment to sign 27 international conventions in the field of human rights, good governance, labour rights, environmental protection, the reform of the Prevention of Terrorism Act, the Criminal Code of Procedure. This is commitment by the Government of Sri Lanka. We expect any Government to follow up on this commitment. This is a unilateral trade concession. During the first half of the next year, there will be a monitoring mission checking the progress. That is one of the concerns we have.   

Q   According to your knowledge and experience, is Sri Lanka exposed to the risk of losing this facility?  

I will not venture into hypothetical questions. There is a clear chain of events. EU has given GSP + facility. Sri Lanka has committed to certain obligations. There is a common monitoring process. If the EU sees that there are problems, there will be consultations with the Government. In the past, it was withdrawn. The effects were not positive. It is a unilateral trade concession. In the textile field, those involved know how beneficial it was. For the textile industry, GSP + is a boost. There is a clear policy by the EU that Sri Lanka should follow up on its commitment. If they are not fulfilled, there will be problems.   

Q   Now, President Maithripala Sirisena and the party leaders have discussed the situation here. How hopeful are you that the situation will improve?  

I do not have a glass wall to look into. Parliament meets. It is an opportunity to end the crisis. The Supreme Court has spoken. Parliament should give its opinion. They should closely work with the executive to find a speedy solution. The situation is really endangering the economic recovery and development of Sri Lanka.   

"I do not have a glass wall to look into. Parliament meets. It is an opportunity to end the crisis. The Supreme Court has spoken. Parliament should give its opinion. They should closely work with the executive to find a speedy solution"

Q   Sri Lanka is already a lower middle income country. Once we reach the next stage of our economy, we would anyway lose the GSP + facility which is granted to low income countries. What is your view?  

That is right. Since you are a lower middle income country, you have been given a five-year period. It should be used to adopt diversified exports. That is why it is important to follow up on the commitments. Of course, it will be over. But, these five years should be well utilised to diversify your economy.   

Q   There is a call for a general election by some parties. Do you see it as a viable option to resolve the current crisis?  

It came to the Maldives last month. The elections are the feat of democracy. In a democracy, elections express the will of voters. The whole process should be done with transparency using the due process while respecting the rule of law. That is what we all accept as people from democratic countries. We hope Parliament will express its opinion through arguments and not by throwing wastepaper baskets. In a democracy, you win by arguments, not by throwing objects.   
Today, the focus should be on the effects on the economy.   

Q   Has Germany warned of cutting aid or grants to Sri Lanka due to this crisis?  

There are discussions in our Parliament about our development cooperation. The MPs want to know. The situation has effects on our decisions. 
It is not clear in what direction the Government is moving. Of course, aid is also dependent on clarity and predictability. There is no clarity whether the new Government has clarity on this project or that project. That has negative effects on cooperation on the economy.