Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, December 1, 2018

Sri Lanka: On Prosecuting the highest military officer


The aftermath of Arrest And Remanding of Chief Of Defence Staff Admiral Ravindra Wijegunarathne Wv, Rwp & Bar, Rsp, Vsv, Usp, Ndc, Psn


by Piyamal Abeyasekera
“Law is the Law. All are equal before the Law”Former President of USA Barack Obama

“Prime Minister Theresa May has told senior commanders that every effort must be made to stop British soldiers from falling victim to “abuse of the legal system” by lawyers representing Iraqis who allege they were victims of war crimes during the occupation of their country.  In a 90-minute meeting with senior commanders, the prime minister said she was determined to protect the armed forces against any “vexatious complaints” relating to the eight-year occupation, during which tens of thousands of British soldiers were deployed to the Arab republic” – Guardian UK
(December 1, 2018, Colombo, Sri Lanka Guardian) Two statements quoted above which are aptly relevant to Armed Forces of Sri Lanka today. It’s a serious dilemma and should be addressed post haste!
It was November 1993 and the Army Camp in Poonaryn (sometimes referred to as Poonakeri) was under heavy attack by the LTTE and troops in the camp were fighting a survival battle pleading for reinforcements. LTTE had code named this attack Operation Frog. Geography of Poonaryn is such that there had been only two possible ways of sending reinforcements to besieged troops; either air drop or cross the Sangupiddi bridge from the south of Poonaryn. Both options were near impossible due to the ferocity of the LTTE terrorist attack which was gaining momentum by the passing minute. After strenuous night of discussions amongst the then top brass of the defence forces, a decision was taken to send reinforcements by sea; again a near suicidal mission. Troops were to land on the western shores of the Poonaryn. Naval Troops (It is believed that it was Naval troops from Navy’s prized unit Special Boat Squadron – SBS who participated in this operation) and elite Army Commandos were to land in the early hours before the crack of dawn. Rear Admiral Sarath Weerasekera (who was elected a Member of Parliament after his retirement) was in command of the Naval Forces in the North and gathering his officers he asked whether there would be any volunteers to spearhead the landing. Those who had been present at that discussion even today vividly remember a young strapping Lieutenant Commander promptly raising his arm and standing up and saying “Sir I will lead the landing”. It was Ravindra Wijegunaratne, then a Lieutenant Commander who volunteered to lead the landing to save the besieged troops in Poonaryn (which they did to the much release of the entire nation) who later rose to the rank of Vice Admiral to Command the Navy and afterwards rose to the rank of Admiral and was appointed the Chief of Defence Staff. Admiral Wijegunarathne is also amongst a handful of armed forces personnel who had received gallantry medal Weerodhara Vibooshanaya (WV) for exceptional bravery in the face of the enemy. He is undoubtedly one of the most respected and decorated Naval Officers of the Sri Lanka Navy…
But the Law is the Law and everyone is equal before the law.
Admiral Wijegunarathne has been remanded for aiding and abetting a suspect involved in the disappearance of 11 students sometime in 2009/2010. The suspect, again a junior Navy Officer too is in custody. According to media reports the investigators had repeatedly summoned Admiral Wijegunarathne to record a statement regarding this incident and the Admiral had not complied. Finally, the Admiral appeared in courts and was remanded based on the submissions of the investigators.

Commissioned Officers are the most important component in an Armed Force. When the senior most serving officer of Armed Forces of a nation is hand cuffed and dragged to prison in the glare of television cameras, it does not augur well for the country as well as the Armed Forces of that country.


One is puzzled as to why Admiral Wijegunarathne was not advised to appear before the investigators when summoned. The Ministry of Defence Legal section (if there is one!!!!) should have advised the Admiral, that when summoned by the Police it is the duty of every citizen to comply with such summons. Such advice could have been conveyed in writing if there was a requirement. Since Chief of Defence Staff is only subordinate to Ministry of Defence it should have been done by the Ministry. Therein lies a total failure of the legal section of the Ministry of defence. Such sections presumably staffed by qualified lawyers are maintained (at the expense of the public exchequer) to advice on matters of this nature. It will be interesting to see whether Secretary to the Ministry of defence would inquire into this gross dereliction of duties which has created a huge embarrassment to Armed Forces personnel of our country.
At the same time, it is also pertinent to note that of the numerous investigations that are being carried out on similar incidents (such as murders of late Lasanthe Wickremathunga, Wasim Thajudin, disappearance of Ekneliyagoda and assault on Keith Noyar) are virtually incomplete for the last 4 years; authorities are yet to indict culprits in a court of law. Though quite a lot of fancy theatrical publicity has been given to highlight the bravery of investigators, hardly any substantial action has been taken to punish the culprits through the judiciary. Consequently, those who had nothing to do with these barbaric acts are paying a high prize.
It is important to remember that our Armed Forces are generally well disciplined and professional. The junior Navy Officer who is a prime suspect in the disappearance of 11 students probably is one of the bad eggs in the basket. He should be dealt with severely and justice should be done to those grieving parents. However, the more such cases are dragged on more complicated it will become to mete out justice. At the same time numerous others who may have had no clue about these barbaric acts of a few would unnecessarily get dragged into these cases.
Even in other cases where frauds are being investigated the same songs are being played; arrest remand and release on bail. Probably it is only in Sri Lanka that cases get dragged on like this. These delays should be avoided at all costs; At his best, man is the noblest of all animals; separated from law and justice he is the worst. Aristotle
Commissioned Officers are the most important component in an Armed Force. When the senior most serving officer of Armed Forces of a nation is hand cuffed and dragged to prison in the glare of television cameras, it does not augur well for the country as well as the Armed Forces of that country. It is more so when there had been numerous possibilities of avoiding such a scenario. Consequences would be grave and the world’s history is replete with such examples.

Waiting for Judgement Day


article_image
Tisaranee Gunasekara- 

"The history of madness is the history of power."
Roy Porter (A social history of madness: The world through the eyes of the insane)

The current crisis is a contestation about the nature of Sri Lanka and her future.

Will the country continue along the path of democracy or will she re-embrace some form of autocracy? Will rule of law prevail or will it be replaced by the law of the rulers? Will justice remain a possibility or will impunity become sovereign again? Is Sri Lanka a country of free men and women or a land yearning for the heavy hand of a political overlord?

At a subjective level, Maithripala Sirisena’s anti-constitutional coup was motivated purely by personal-political considerations. He wanted and wants a second presidential term. Objectively, though, his actions have a systemic relevance. They are an attempt to reclaim for the presidency the powers it lost with the 19th Amendment. If that attempt succeeds, it will render the presidency omnipotent again, and reduce the legislature and the judiciary into mere appendages of a sovereign president.

The saga of Admiral Ravindra Wijegunaratne is a microcosm of this battle by the executive to regain control over the other branches of the government. The way that saga ended, with a handcuffed and deflated admiral being escorted to remand prison, indicates that there is hope of rolling the presidency’s power-grab, and restoring a degree of balance between the executive, the legislature and the judiciary restored.

The President was protecting the Admiral. That was common knowledge. So the admiral was able to ignore three judicial warrants, make a mockery of the courts, and remain a free man.

The first summons was issued in September 2018, when the UNP was a part of the governing coalition, its leader the PM and its members holding the ministries of Justice and Law and Order. Yet the UNP failed to stand up for justice, law or order. With its silence and inaction, it became complicit in Maithripala Sirisena’s efforts to win impunity for his protégé by rendering the judiciary impotent. The courts had to battle alone, for justice, together with the CID.

Two-weeks into the anti-constitutional coup, Admiral Wijegunaratne achieved what seemed like a conclusive triumph. He reportedly got Inspector Nishantha Silva, the officer in charge of the investigation into the abduction and the alleged murder of 11 young men, transferred out of the CID with immediate effect.

Then the unexpected happened.

Anger raged, against the dying of the light of justice. Voices were raised, from media and society (notably Lasantha Wickremetunga’s daughter, Ahimsa). IP Silva made use of a key democratising structural change effected by the 19th Amendment – independent commissions. He complained to the Police Commission. The Police Commission wrote to the IGP, objecting to the transfer. In a stunning move, the IGP revoked the transfer.

Power causes the ego to inflate and the brain to deflate. Having failed to get rid of the investigating officer, the Admiral seemingly turned his attention to witnesses. This week, he reportedly threatened a key witness, Lt. Commander Laksiri Galgamage of the Navy, inside Naval Headquarters. Commander Galgamage promptly lodged a complaint with the police. The police swung into action, but were not allowed into the naval headquarters for 24 hours.

On November 28, Admiral Wijegunaratne swaggered into the Colombo Magistrate Court and surrendered his uniformed and decorated self. The naval regalia must have been intended as a reminder to all of the august position he occupies and the unlimited power he wields (the AG’s Department was absent). The magistrate was unimpressed. He denied bail to the Admiral, on the obvious grounds that if free, he will try to impede the investigation. The fact that some members of the Admiral’s entourage assaulted a photographer just outside court premises might have hardened the magistrate’s resolve.

The day ended with impunity being dealt a severe blow.

It was perhaps no accident that soon afterwards, reports started emerging that the president might withdraw the gazette dissolving the parliament, before the Supreme Court begins deliberating the matter. It was perhaps no accident that another serial political pole-vaulter, Wijedasa Rajapaksa, appeared in parliament and made a speech, exhorting the legislature to resolve the current crisis, instead of allowing the judiciary to do so.

If the courts remain impartial and people peaceful, there is reason to hope.

Maithripala vs. Sirisena;

Mahinda vs. Rajapaksa

What can a kingdom do, when the king loses touch with reality?

Maithripala Sirisena was able to create chaos out of order and plunge an entire country into a seemingly bottomless crisis because of the powers and the mentality inherent in the executive presidency.

Abuse of power, absolute impunity, and overweening arrogance are integral to any presidential system, because its model is absolute monarchy. Kings don’t like to feel hemmed in. They appear sane, as long as they are allowed to have their unimpeded way. That changes at the first obstacle.

When an executive presidency is installed in a country with an ontological memory of absolute monarchy, such as Sri Lanka, the danger of a president seeing himself/herself as an omnipotent and infallible sovereign is infinitely greater.

Emperor Caligula is said to have denounced the unpopular deeds of his predecessors in his first major speech to the Senate. The senators ruled that there should be an annual recitation of his speech. As Mary Beard points out, "It looked like a tribute to the new ruler’s oratory; in reality it was an attempt to hold him to his pledge of good behaviour."i The senatorial ploy failed abysmally, as history records.

When kings go back on their positive promises, the reason is not a genuine loss of memory, but the belief in monarchical infallibility. ‘King can do no wrong’ is part of the credo of monarchical absolutism. Whatever the king says and does is right, even if it is the antithesis of what he said and did yesterday. Similar tragic-comedies can ensue, when an executive president begins to see himself/herself as monarch.

Maithripala Sirisena says he didn’t violate the 19th Amendment when he dissolved the parliament; he insists that a clause in the 19th Amendment enables him to dissolve parliament, whenever. There’s plenty of recorded evidence that he knew differently and said so.

For instance, when The Hindu asked him what he considered to be his biggest success, his replay was, "Firstly I succeeded in getting the 19th Amendment to the Constitution passed in parliament... Earlier the president could dissolve the parliament after completion of one year of parliament, but now under the provision of the 19th Amendment it has been extended to four and a half years."ii

Mahinda Rajapaksa too knew about the limitations imposed on the presidency by the 19th Amendment. He knew that post-19th Amendment, the president couldn’t dissolve the parliament at will. This was what he said, in the immediate aftermath of the SLPP’s victory at the February 2018 LG poll. "We ask for a general election... There is a small problem in the Constitution. The President can’t do it. Because there is a clause preventing him from dissolving until after four and a half years. If the government gets together it can be changed."iii (Translation mine - TG).

Mr. Sirisena is on record saying that whatever the Supreme Court rules on the 7th, he will abide by that decision. Perhaps Mr. Sirisena has realised the loneliness of his position, his ally-less state. His failure to ensure protection for the Admiral will make other state employees think twice about obeying blatantly unconstitutional orders. His alliance with Mahinda Rajapaksa is tenuous at best. Within the SLFP, a rebellion is brewing against him. He is a man whose options are dwindling by the hour. Perhaps he has regained enough touch with reality to realise that.

Mr. Rajapaksa on the other hand is yet to make a commitment to abide by the Supreme Court’s ruling. Not surprising, given his past. This, after all, was the president who got rid of a chief justice via a fraudulent impeachment, in naked violation of two court rulings. He wants an immediate election, not to strengthen democracy but to end it. He believes that an immediate election (and one held under his control) will enable him to win a two-thirds majority. Then he can amend the constitution, contest the presidency in 2020, and be king again.

What will he do, if those dreams are threatened by Maithripala Sirisena?

Speaker Karu, Speaker Chamal and Memories of Impeachment

In a political theatre peopled by charlatans, Speaker Karu Jayasuriya seems an exception, a man of moderation and principles. However, his actions drew a rebuke from a former speaker, Chamal Rajapaksa. According to the BBC, Mr. Rajapaksa stated that had he been the Speaker, he would not have summoned the parliament until the Supreme Court made a final ruling on December 7.

This is the same Chamal Rajapaksa who, as Speaker, led the illegal impeachment against Chief Justice Shirani Bandaranayake, in violation of two court rulings.

As we live with the possibility of a return of Rajapaksa rule, it is perhaps instructive to remember how they ruled. And there is no better primer on Rajapaksa rule than the impeachment of CJ Bandaranayake.

Chief Justice Shirani Bandaranayake incurred the wrath of the Rajapaksas when she refused to give a free pass to the Town and Country Planning (Amendment) Act (known as the Sacred Areas Act) and the Divineguma Bill.

The Sacred Areas Act would have granted Gotabhaya Rajapaksa’s UDA absolute power to acquire any private land by proclaiming it to be of sacred, historical or environmental value (the affected parties would have no right to legal redress). The Supreme Court decreed that, as per the 13th Amendment, the Act needed the approval of all provincial councils. Two provincial councils (North-Central and Eastern) objected, forcing the government to abandon the Act (within months, both chief ministers, one of whom was Berty Premalal Dissanayake, the father of Duminda Dissanayake, were out of jobs).

The government abandoned the Sacred Areas Act in April 2012. In July 2012, the Divineguma Bill, aimed at expanding the economic empire of Basil Rajapaksa, was gazetted. Once again the Supreme Court ruled that the Bill, unless amended, would need to be approved in a referendum. The decision was handed over to Speaker Chamal Rajapaksa on October 31, 2012. On November 1, 2012, an impeachment motion against the CJ, signed by 117 UPFA parliamentarians, was handed over to Speaker Rajapaksa.

On November 15, Speaker Rajapaksa appointed a Parliamentary Select Committee to hear the charges against the CJ. The PSC commenced impeachment hearings on November 23, 2012. The CJ asked for five weeks to prepare her defence. Her request was rejected. The opposition wanted a pause in the impeachment proceedings during parliamentary vacation. That request too was turned down. The PSC, sans its four opposition members, concluded its hearings on December 7, 2012. Less than 24 hours later, on December 8, the truncated PSC handed over its impeachment report to the Speaker.

The PSC completed the impeachment hearing in 14 days and prepared its report in less than 24 hours!

On January 1, 2013, a Supreme Court bench comprising of Justices N. G. Amaratunga, Priyasath Dep and K. Sripavan ruled that the Parliamentary Select Committee was not constituted properly and thus had no powers to conduct an investigation against the CJ. On January 7, 2013, the Court of Appeal quashed the PSC’s findings (two of the judges received death threats subsequently.) Speaker Chamal Rajapaksa ignored both rulings and went ahead with the impeachment debate. The CJ was impeached, removed, and replaced with a man known as a legal underling of the ruling family.

That was how the Rajapaksas obeyed court rulings.

Leaders who have neither shame nor justice can plummet to the lowest of depths, because for them everything is permitted. Today those leaders are Maithripala Sirisena and Mahinda Rajapaksa. Post-2020, it can be the next president, whoever he is. The battle is not about individuals. The battle is about soul of Sri Lanka. Do we want a country where the president is sovereign, monarch in all but name? Or do we want a country where no one holds absolute power; and neither the executive nor the legislature can debase the judiciary by turning it from the last refuge of the powerless to the first tool of the powerful?

Do we want power run mad, or do we want the sanity that can come only with limits?

i Confronting the Classics – Traditions, Adventures and Innovations.

ii https://www.thehindu.com/opinion/interview/Solving-problems-of-Tamils-is-my-obligation-Sirisena/article16442765.ece

iii https://m.facebook.com/story.php?story_fbid=970334823124266&id=103678496456574&refsrc=https%3A%2F%2Fm.facebook.com%2FBBCnewsSinhala%2Fvideos%2F970334823124266%2F&_rdr

 

Should There Be A Retirement Age For Politicians? 

Dr. Upatissa Pethiyagoda
logoAll Public Service appointees have a retirement age (50, 55 or 60) years – Politicians do not. This is anomalous and leads to several negative consequences. With the recent doubling of the numbers elected to Local Bodies from 4,000 to 8,000, along with 225 in the Parliament and heavy increases in emoluments and perks, together constitute a massive drain on the national exchequer. It also has other implications.
Why is there a retirement age?
The biological reason is clear. With advancing age, a person’s capacity, efficiency and cognitive ability declines – the “best before” date is a valid reality. Since a politician has more impact than that of a Clerk, it is reasonable to expect the former to have a lower retirement age than a clerk, driver or peon. The assumption that experience offsets the decline with age is demonstrably false. What is true for the Politician must also be so for the clerk or driver.
A retirement benefit represents gratitude for services rendered and provision for sustenance at an appropriate level. The present vast differences between retirement benefits for politicians against others, is reason for widespread envy and anger. Politicians qualify for lifelong pensions after just five years of service (equal to a single term), while the corresponding requirement for others is some thirty or twenty (?) years. One must remember that stringent qualifications for entry into public service contrast with none for those entering politics at any level. This is plainly iniquitous.
Tenacity
It is seen that from the date of entry, the great objective in the politician’s mind is to retain this most rewarded and the least demanding, of vocations. Obviously, (with few exceptions), it is natural that the urge to retain position is the paramount instinct. As a friend once remarked, our “Nation can be compared to a milch cow. Each politician gets hold of a teat and sucks vigorously. There is nobody to feed and bathe the cow”. Such an animal steadily declines and suffers a painful death!
Much is said about the much delayed elections to Provincial councils. This is touted as a serious denial of the People’s Franchise. To me, it illustrates that the country seems to fare as well without them, as it does with them. Almost every News Bulletin on TV shows neglected roads, ill-maintained irrigation channels, lack of water and toilet facilities, dilapidated bridges, ill-equipped schools and hospitals, garbage heaps, illicit tree-fellings, sand mining and many such other factors that were the very significant issues that were cited as the justification for the creation of these local level political bodies. Apart from increasing the parasitic load, what have these grand symbols of devolution, decentralization and subsidiarity done for us?
Choice as Democracy

Read More

Emperor’s New Clothes!



By Arjuna Ranawana- DEC 02 2018

A proverbial term for a problem solvable only by bold action comes from the story of Alexander the Great. He was confronted with the knot in 333 BC in Gordium, the capital of Phrygia. In the popular account, Alexander sliced through the knot with his sword, but, in earlier versions, he found the ends of the rope either by cutting into the knot or by drawing out the pole.
 The phrase “cutting the Gordian knot” has thus come to denote a bold solution to a complicated problem.
- Britannica.com
There is widespread anger and disgust at the political class in the country as the political crisis drags on. The wrath is directed at Maithripala Sirisena, as in his desire to stay on as President for a second term he has placed this country in a predicament that threatens the very existence of the State.

Ordinary people have been voicing their feelings in numerous demonstrations across the country. People’s organizations ranging from women’s groups, to trade unions, civil society activists and of course the three political parties opposing the President, the United National Front, the Tamil National Alliance and the Janatha Vimukthi Peramuna have pointed their fingers at Sirisena, castigating him for abrogating the agreement they had with him to elect him President to bring forth Good Governance and democratization. Instead they accuse him of violating the Constitution by sacking Ranil Wickremesinghe and appointing Mahinda Rajapaksa as Prime Minister.

By Monday, a month into the crisis, the President’s team and that of his chosen Prime Minister, Rajapaksa had come to the grim conclusion that the appointed Government will not be able to garner a majority in Parliament to rule the country effectively. They concluded that Sirisena’s team had failed to snag Rajapaksa a sufficient number of Members of Parliament to reach the magic 113 majority in the House according to multiple sources.

On Thursday, Parliament met yet again without the MPs from the UPFA Rajapaksa-Sirisena faction, while the UNF-TNA-JVP passed another Motion, preventing the Secretary to the Prime Minister from drawing any financial allocations for the office of the Prime Minister. The motion was carried 123 to none.

There were two major developments that day. First Wijeyadasa Rajapakshe, who left the UNF and joined the appointed Government and Independent MP Ven. Athuraliye Rathana Thera came to Parliament. The Thera sat with the UNF, while Rajapakshe sat across the aisle, the only Member seated in an otherwise empty side in the House. They were clearly emissaries of Sirisena, who called on Parliament for a solution that would involve talks between the Speaker Karu Jayasuriya and the President.
 Both of them also said that whoever commanded the majority in the House should form the Government. In reply, the UNF’s Rajitha Senaratne and several other leaders said that they are agreeable to a negotiated settlement but would continue to oppose the President if he insisted on not appointing the UNF’s nominee as PM.

The other major development was the letter the TNA sent to the President informing him that their 14 MPs would support a UNF nominee for PM.This gave a boost to the UNF as it would now have a clear majority over the Rajapaksa camp. The JVP opposes Rajapaksa but will not necessarily support the UNF. The JVP says they have taken a principled stand as the sacking of Wickremesinghe and the appointment of Rajapaksa is illegal.

That evening Speaker Jayasuriya in response to the request from Parliament met Sirisena at the President’s office. At that meeting Jayasuriya told the President the country was in dire straits because of the current political impasse and that he was meeting him to find a way out of the crisis.
 In a press statement Jayasuriya said Sirisena had responded positively to the Speaker’s intervention and praised him for that. The President had then pledged to meet with the TNA and UNF leaders on Friday evening to reach a solution.

On Friday evening the first to arrive at the President’s office was the TNA delegation, but Sirisena wasn’t there. He was at the Sugathadasa Stadium with Rajapaksa and Wimal Weerawansa giving letters of appointment to thousands of Samurdhi workers. He arrived at the President’s office almost an hour late and after making a vague commitment to discuss PTA detainees the meeting ended without a decision.
 The UNF delegation had also been kept waiting and the discussion there too ended without a conclusion. These meetings left the TNA and the UNF with the impression that the President was not negotiating seriously but was simply buying time. Another round of meetings, have been scheduled for today.

There is widespread anger and disgust at the political class in the country as the political crisis drags on. The wrath is directed at Maithripala Sirisena, as in his desire to stay on as President for a second term he has placed this country in a predicament that threatens the very existence of the State.

Ordinary people have been voicing their feelings in numerous demonstrations across the country. People’s organizations ranging from women’s groups, to trade unions, civil society activists and of course the three political parties opposing the President, the United National Front, the Tamil National Alliance and the Janatha Vimukthi Peramuna have pointed their fingers at Sirisena, castigating him for abrogating the agreement they had with him to elect him President to bring forth Good Governance and democratization. Instead they accuse him of violating the Constitution by sacking Ranil Wickremesinghe and appointing Mahinda Rajapaksa as Prime Minister.

By Monday, a month into the crisis, the President’s team and that of his chosen Prime Minister, Rajapaksa had come to the grim conclusion that the appointed Government will not be able to garner a majority in Parliament to rule the country effectively. They concluded that Sirisena’s team had failed to snag Rajapaksa a sufficient number of Members of Parliament to reach the magic 113 majority in the House according to multiple sources.

On Thursday, Parliament met yet again without the MPs from the UPFA Rajapaksa-Sirisena faction, while the UNF-TNA-JVP passed another Motion, preventing the Secretary to the Prime Minister from drawing any financial allocations for the office of the Prime Minister. The motion was carried 123 to none.

There were two major developments that day. First Wijeyadasa Rajapakshe, who left the UNF and joined the appointed Government and Independent MP Ven. Athuraliye Rathana Thera came to Parliament. The Thera sat with the UNF, while Rajapakshe sat across the aisle, the only Member seated in an otherwise empty side in the House. They were clearly emissaries of Sirisena, who called on Parliament for a solution that would involve talks between the Speaker Karu Jayasuriya and the President.
Both of them also said that whoever commanded the majority in the House should form the Government. In reply, the UNF’s Rajitha Senaratne and several other leaders said that they are agreeable to a negotiated settlement but would continue to oppose the President if he insisted on not appointing the UNF’s nominee as PM.

The other major development was the letter the TNA sent to the President informing him that their 14 MPs would support a UNF nominee for PM.This gave a boost to the UNF as it would now have a clear majority over the Rajapaksa camp. The JVP opposes Rajapaksa but will not necessarily support the UNF. The JVP says they have taken a principled stand as the sacking of Wickremesinghe and the appointment of Rajapaksa is illegal.

That evening Speaker Jayasuriya in response to the request from Parliament met Sirisena at the President’s office. At that meeting Jayasuriya told the President the country was in dire straits because of the current political impasse and that he was meeting him to find a way out of the crisis. In a press statement Jayasuriya said Sirisena had responded positively to the Speaker’s intervention and praised him for that. The President had then pledged to meet with the TNA and UNF leaders on Friday evening to reach a solution.

On Friday evening the first to arrive at the President’s office was the TNA delegation, but Sirisena wasn’t there. He was at the Sugathadasa Stadium with Rajapaksa and Wimal Weerawansa giving letters of appointment to thousands of Samurdhi workers. He arrived at the President’s office almost an hour late and after making a vague commitment to discuss PTA detainees the meeting ended without a decision.
The UNF delegation had also been kept waiting and the discussion there too ended without a conclusion. These meetings left the TNA and the UNF with the impression that the President was not negotiating seriously but was simply buying time. Another round of meetings, have been scheduled for today.

Rajapaksa-Wickremesinghe
meeting


The most interesting development of the day was a thirty-minute meeting between Rajapaksa and Wickremesinghe which took place in the Parliament Library earlier in the day. Away from prying eyes the two leaders discussed the holding of future elections which Rajapaksa has been agitating for.
Wickremesinghe had told Rajapaksa that it is important for the status quo to be restored. “We have been wronged and that has to be corrected first of all,” he had said, according to informed sources.  Once that has been rectified, the Parliamentary party leaders could agree on a course of action that would lead to a future election he had said.

This crisis is testing the Government machinery after the 19th Amendment to the Constitution strengthened the Judiciary and the Parliament and the independent Commissions which made the Public Service, particularly the Police and other agencies bolder. Rajapaksa has pressured Sirisena to transfer out at least one Police officer who conducted investigations into some of the allegations against key supporters. But a free media and officials have resisted that and the Sirisena-Rajapaksa combine had to backtrack.

The big change was evident when on Wednesday the highest ranking military officer in the country, Rear Admiral Ravindra Wijeguneratne, Chief of Defence Staff was named a suspect in the case where eleven young men were allegedly kidnaped for ransom and have since disappeared. He was remanded until next week. Several men, allegedly Wijegunaratne’s bodyguards in civilian clothes, who assaulted media men outside the courts were immediately arrested by police and charged.

Sirisena appointed Rajapaksa as PM because of his desire to seek a second term as President. He has realized that the UNF coalition that backed him in 2015 will not do so come 2020. His relationship with Wickremesinghe and the UNF began to deteriorate after his party, the SLFP, came in a poor third in the Local Government elections held in February which was comprehensively won by Rajapaksa’s Sri Lanka Podujana Peramuna (SLPP) with the UNF being placed second. He turned to Rajapaksa in the hope that the former strongman would back his bid for a second term.
 For Rajapaksa, it was an opportunity to seize power once again, and use that position to delay or obstruct investigations and prosecutions that are ongoing, against members of his family and supporters.

Sirisena shed light on how he takes his decisions at a press conference with the Foreign Correspondents Association in Colombo and in an interview with this newspaper. He revealed that he had not asked the Supreme Court for an opinion whether he had the Constitutional authority to sack the sitting PM and appoint a replacement as well as dissolve Parliament and call for fresh General Elections. Instead he said had relied on his own advisers.

This is disturbing, as the picture emerges of a President who is making decisions which are impetuous and ill-advised. Now, the dissolution order is before the Supreme Court, and another petition has been filed challenging Wickremesinghe’s dismissal. In the meantime the Rajapaksa faction will likely boycott Parliament until the Supreme Court decision is reached regarding the dissolution, next week. Rajapaksa also told a Colombo English daily newspaper that he will show a majority in Parliament after the Supreme Court decision on the dissolution is announced. Parliament was adjourned on Friday until December 5th.

The Supreme Court will hear arguments on the petition against dissolution this week and the order is due December on 7th, though, now with a seven judge bench, in case there is a disagreement this may take longer.

While these legal arguments are made, Sirisena is under pressure to find a solution. If the SC rules that the dissolution is Constitutional, then we will have a General Election early next year. If in case the SC rules otherwise the current stalemate in Parliament will continue, and we can expect the Wickremesinghe-Rajapaksa discussion that took place on Friday to be made public.

Sirisena’s motive for taking this precipitous actionas indicated earlier is to win a second term. If he accepts that the UNF has the majority in Parliament and then removes Rajapaksa, he will not get the support of either of the two main political forces in the country to back him.
His own SLFP has been seriously affected by defections to the SLPP led by Rajapaksa. Whoever remains in the SLFP may not support him as no one wants a losing captain.  If he insists on continuing with Rajapaksa’s appointed minority Government, there will be further instability as it will not be able to get a budget passed and the Cabinet will be dissolved. Even if he sticks with Rajapaksa, he cannot be certain of the Rajapaksa team supporting him as their Presidential candidate, in that election which is due in a year or so.

There is also another issue. He has told our News Editor Gagani Weerakoon whose exclusive interview with him appears on pages 10 and 11 of this newspaper that he would expect Rajapaksa to step down if he cannot command the majority. “I expect him to do the right thing,” he said. Rajapaksa told reporters he will not step down indicating that “the person who appointed me has to remove me.
” Sirisena has also time and time again said he will not appoint Wickremesinghe. “Anybody from the UNF but Ranil,” has been his refrain.
But the UNF Parliamentary group has unanimously voted that Wickremesinghe would be their preferred candidate. That puts Sirisena between a rock and a hard place.

Our Journalist Weerakoon’s impression of Sirisena during her interview was that he appears blithely untroubled by the huge mess he has created. That is not the case for the rest of the country.  While the Chief Executive stubbornly insists on having his own way, the citizens are angry by his total disregard of safeguarding democracy, and his inaction as the country hurtles towards economic ruin.

It is indeed a Gordian knot and like Alexander, it is time Sirisena shows the courage to slice through it and stop the ruin of our country.

It is time he stopped thinking of himself and put the country’s wellbeing first.  After all, that is what he has been preaching about ad nauseam, and accusing others of not safeguarding Sri Lanka’s economy and culture.  Today his actions are the subject of mockery amongst the people.
Perhaps it’s time someone told him the story about the Emperor’s New Clothes!

The most interesting development of the day was a thirty-minute meeting between Rajapaksa and Wickremesinghe which took place in the Parliament Library earlier in the day. Away from prying eyes the two leaders discussed the holding of future elections which Rajapaksa has been agitating for.
Wickremesinghe had told Rajapaksa that it is important for the status quo to be restored. “We have been wronged and that has to be corrected first of all,” he had said, according to informed sources.  Once that has been rectified, the Parliamentary party leaders could agree on a course of action that would lead to a future election he had said.

This crisis is testing the Government machinery after the 19th Amendment to the Constitution strengthened the Judiciary and the Parliament and the independent Commissions which made the Public Service, particularly the Police and other agencies bolder. Rajapaksa has pressured Sirisena to transfer out at least one Police officer who conducted investigations into some of the allegations against key supporters. But a free media and officials have resisted that and the Sirisena-Rajapaksa combine had to backtrack.

The big change was evident when on Wednesday the highest ranking military officer in the country, Rear Admiral Ravindra Wijeguneratne, Chief of Defence Staff was named a suspect in the case where eleven young men were allegedly kidnaped for ransom and have since disappeared. He was remanded until next week. Several men, allegedly Wijegunaratne’s bodyguards in civilian clothes, who assaulted media men outside the courts were immediately arrested by police and charged.

Sirisena appointed Rajapaksa as PM because of his desire to seek a second term as President. He has realized that the UNF coalition that backed him in 2015 will not do so come 2020. His relationship with Wickremesinghe and the UNF began to deteriorate after his party, the SLFP, came in a poor third in the Local Government elections held in February which was comprehensively won by Rajapaksa’s Sri Lanka Podujana Peramuna (SLPP) with the UNF being placed second. He turned to Rajapaksa in the hope that the former strongman would back his bid for a second term.
 For Rajapaksa, it was an opportunity to seize power once again, and use that position to delay or obstruct investigations and prosecutions that are ongoing, against members of his family and supporters.

Sirisena shed light on how he takes his decisions at a press conference with the Foreign Correspondents Association in Colombo and in an interview with this newspaper. He revealed that he had not asked the Supreme Court for an opinion whether he had the Constitutional authority to sack the sitting PM and appoint a replacement as well as dissolve Parliament and call for fresh General Elections. Instead he said had relied on his own
advisers.
This is disturbing, as the picture emerges of a President who is making decisions which are impetuous and ill-advised. Now, the dissolution order is before the Supreme Court, and another petition has been filed challenging Wickremesinghe’s dismissal.
In the meantime the Rajapaksa faction will likely boycott Parliament until the Supreme Court decision is reached regarding the dissolution, next week. Rajapaksa also told a Colombo English daily newspaper that he will show a majority in Parliament after the Supreme Court decision on the dissolution is announced. Parliament was adjourned on Friday until December 5th.

The Supreme Court will hear arguments on the petition against dissolution this week and the order is due December on 7th, though, now with a seven judge bench, in case there is a disagreement this may take longer.

While these legal arguments are made, Sirisena is under pressure to find a solution. If the SC rules that the dissolution is Constitutional, then we will have a General Election early next year. If in case the SC rules otherwise the current stalemate in Parliament will continue, and we can expect the Wickremesinghe-Rajapaksa discussion that took place on Friday to be made public.

Sirisena’s motive for taking this precipitous actionas indicated earlier is to win a second term. If he accepts that the UNF has the majority in Parliament and then removes Rajapaksa, he will not get the support of either of the two main political forces in the country to back him. His own SLFP has been seriously affected by defections to the SLPP led by Rajapaksa. Whoever remains in the SLFP may not support him as no one wants a losing captain.
 If he insists on continuing with Rajapaksa’s appointed minority Government, there will be further instability as it will not be able to get a budget passed and the Cabinet will be dissolved. Even if he sticks with Rajapaksa, he cannot be certain of the Rajapaksa team supporting him as their Presidential candidate, in that election which is due in a year or so.

There is also another issue. He has told our News Editor Gagani Weerakoon whose exclusive interview with him appears on pages 10 and 11 of this newspaper that he would expect Rajapaksa to step down if he cannot command the majority. “I expect him to do the right thing,” he said.
Rajapaksa told reporters he will not step down indicating that “the person who appointed me has to remove me.” Sirisena has also time and time again said he will not appoint Wickremesinghe. “Anybody from the UNF but Ranil,” has been his refrain. But the UNF Parliamentary group has unanimously voted that Wickremesinghe would be their preferred candidate. That puts Sirisena between a rock and a hard place.

Our Journalist Weerakoon’s impression of Sirisena during her interview was that he appears blithely untroubled by the huge mess he has created.
That is not the case for the rest of the country.  While the Chief Executive stubbornly insists on having his own way, the citizens are angry by his total disregard of safeguarding democracy, and his inaction as the country hurtles towards economic ruin.

It is indeed a Gordian knot and like Alexander, it is time Sirisena shows the courage to slice through it and stop the ruin of our country.

It is time he stopped thinking of himself and put the country’s wellbeing first.  After all, that is what he has been preaching about ad nauseam, and accusing others of not safeguarding Sri Lanka’s economy and culture.  Today his actions are the subject of mockery amongst the people.
Perhaps it’s time someone told him the story about the Emperor’s New Clothes!

House concerned over Batticaloa Police deaths


 

Speaker Karu Jayasuriya told Parliament yesterday that he would draw the attention of President Maithripala Sirisena and Defence Secretary Hemasiri Fernando to the concerns expressed in Parliament on the killing of two Police officers in Vavunathivu, Batticaloa.

UNP MP Nalin Bandara requested to probe whether there is a link between the killing of two Police officers in Batticaloa and Vinayagamoorthy Muralitharan’s (Karuna Amman) threatening tweet on Thursday. MP Bandara read out former MP Muralitharan’s tweet which said, “Please remember I am Karuna Amman from Batti”.Maybe you ask other people who Karuna Amman was before 2004”. The MP raised concerns as to whether this means Amman was trying to reorganise his former terrorist outfit.

TNA MP M.A.Sumanthiran supported MP Bandara’s statement adding that Amman was making various statements in public over the past few days.

“Since the events of October 26, Karuna Amman has come out of the cold and started speaking. Four policemen have been shot at in Batticaloa and two have succumbed to their injuries. According to information we got, we have serious suspicions about whether they have been rejuvenated since Oct 26,” he said.

He also noted that EPDP cadres have also come out of the woodwork with an attack on activists of another Tamil party. “A person calling himself a minister says ‘I have returned’ using a famous screen dialogue to terrorise the people,” he added. UNP MP Ranjith Madduma Bandara pointed out that the incident in Batticoloa was serious in nature and needs proper investigation, as such crimes did not take place during the past three and half years.

Nevertheless, They Persisted


11/30/2018
On November 28, a nonpartisan group of women (and a few supportive men) walked from Galle Face Green to the Presidential Secretariat. It was raining heavily, but the group was firm in their goal.
View a short video from the protest below:
Read the letter the women delivered to the President here.

Where every other day is a holiday!


The way we celebrate each other’s holidays, you begin to wonder why so many accusations abound of disharmony. The way we eagerly await our share of watalappan and kavum subsequent to a festival I am sure we as a nation do not harbour much prejudice nor malice – note what Lonely Planet too has said – but politics in spare time had managed to generate such a negative image – so unfortunate considering the ground level revelling that goes on with holidays contributed by each other
logoThursday, 29 November 2018 
So Sri Lanka – we have just been declared by the Lonely Planet as the place of choice for visiting topping the list for 2019. Simply excellent and it is actually nice to read the Lonely Planet’s Best in travel 2019 book which has this line – People who defy all odds by their welcome and friendliness after decades of civil conflict, this is a country revived.
In the wake of the declaration however, unforeseen developments have taken place not so because of it but the impact on the declaration may not be quite healthy. Anyway tourism is not a way to base our growth though some seriously believe that it is ‘the way’ to go. The events and the expectations following the declaration is to me an exact reason why we should not depend on such ways to plan our nation’s growth.

Tourism is definitely one of the world’s largest industries and if not the largest, and positioning country with its strengths and projecting a friendly caring nationality is certainly an excellent international perspective that we are projecting. However, sustainably developing an economy is very much more than a high dependency on tourism. Tourism perhaps is a way to reflect on work where work can be equally be fun if not more. Reminds me of the famous comment of the famous playwright Noel Coward – Work is more fun than fun!

Sri Lanka is indeed is extremely interesting to those who are in the workforce. We have just completed a working week where every other day was a holiday – quite interesting and there were plenty of skullduggeries going on to keep us entertained too! It indeed was an experience though other than the specific way in which the holidays occurred we must understand that we are quite used to holidays if not for working! However, the question is; such situations do they add value or pushes us even more into debt and destitute.

I had a tough time last week as I answered emails and discussed with the outside when I had to indicate that ‘I could again get back to you on Wednesday, as Tuesday is a holiday’. That had to be repeated on Wednesday as well when I had to explain that Thursday too is a holiday and will respond to the query on Friday. It was not because that I cannot email on a holiday but because I cannot get the answers when systems were down and on leave. The recipient certainly became a great believer in the Lonely Planet destination of the year after such email responses.

The period was not without shocks too from a systemic manner. Sri Lanka’s position in foreign currency issuer getting downgraded to B2. However, Moody’s downgrading of the Sri Lankan economy to B2 in that segment also pushed the rating Outlook to a Stable from Negative. We must ask the question ‘what was the mood at Moody’s when the exercise was carried out?’ There has to be rational explanation and not one emotional and certainly not something of the nature – we must send you a warning shot across the bows. The Central Bank shortly following the downgrading of Moody’s had been unequivocal – simply there is no rationale to what they did.

Rating agencies have also come under scrutiny and also had been fined over their processes and having more insight to the process is a question worthy of asking. Yet Moody’s should understand that we must be having one of the most efficient workforces among whatever the countries they operate on or generate reports cards on.

Now how can we claim the most efficient workforce? Simply with all the holidays we are capable of having decent GDPs and ensuring that we climb up in our per capita – little too slowly perhaps but we are on the up anyway. All holidays and no play perhaps is what we may be engaging on to have this extremely interesting status which, of course is not an official figure but an interpretation of mine.

One needs to reflect on our leave and work times. It was in 1973 that the world reeled from the shock of an oil cartel increasing the price of crude oil. While everybody outside the OPEC felt shockwaves Sri Lanka really had to take action to reduce expenditure. One step taken during that period was to remove the half-a-day working on Saturdays in the public sector. Suddenly the entire weekend was available to a good size of the population. While the oil prices has gone up and come down too we have never resorted to take back the granted holiday.

Another impact of that step is we do have the new concept in our lexicon – the long weekend! Of course with possible leave legitimately provided by the national calendar falling onto a Monday or a Friday, the long weekend is a certainty. Of course if the leave falls on a Tuesday or a Thursday then one has to exercise the large quota of leave one anyway carries to ensure an even longer weekend with a little subtle investment. Permutations are endless and it should be so in a land like no other.

It is quite well known that we in Sri Lanka have so many holidays granted to us by the State. Our personal leave allotments are excellent bonuses. Some actually claim that Sri Lankans have the most number of holidays. I am not sure whether the Guinness Book of World Records has an entry in this regard.

The way we celebrate each other’s holidays you begin to wonder why so many accusations abound of disharmony. The way we eagerly await our share of watalappan and kavum subsequent to a festival I am sure we as a nation do not harbour much prejudice nor malice – note what Lonely Planet too has said – but politics in spare time had managed to generate such a negative image – so unfortunate considering the ground level revelling that goes on with holidays contributed by each other. We indeed are grateful and I am sure we can include many more rituals to generate some more holidays.

At one point we were dangerously getting into the habit of declaring extra days of holidays to celebrate victories on the cricket field. Trifle sad as if we consider the most important event to stop work and celebrate is a victory in a cricket match. Indeed we demonstrate we do not understand what a truly remarkable victory is like such as working together and with plenty of creatively to transform our economy.

A national leadership with a willingness to declare a holiday at the drop of a hat or at the end of a raising the finger is certainly not worth being bestowed with a leadership. Today of course such holidays are mercifully absent – and gone are the wins too to be replaced by international probes – and I am sure will not happen again.

Another issue is when one is flooded with holidays you also run out with ideas on ways to celebrate. As holidays are so common you may experience a creativity crisis in coming up with options to do. This is certainly to test one out but I know most are not worried – the holiday is the thing!

One must not forget we can experience much diversity within a two-hour journey time. We do indeed live in a country with infinite beauty and diversity and who says one has to work in paradise. We indeed are true to that dictum. Of course still we stop and celebrate the May Day with so much solidarity with the true workers of the nation. We however, find it is again the politicians who take centre-stage on that day too and workers had to converge to clear the grounds of mounds of garbage on the next day.

We are quite equal in celebrating success together as well as in engaging in sorrow. Our participation in funerals is almost guaranteed if that day is a working day. The office can be closed and the office transport can be used to ensure the participation of everybody to share the grief.

The welfare system is another marvellous invention on financing such journeys. The longer the journey, the greater the attention and the keenness to participate. Special drinks will be always on hand to drown out the sadness. Such is the intensity of interest in sharing over caring that the isle is a hotbed of hospitality and kindness. We sure know how to be part of humanity.

Monthly Lecture of Wildlife and Nature Protection Society Living with the Lichens


To be held at the Jasmine Hall, BMICH on 13th December at 6p.m.

 2018-12-01
Across the world, species, particularly species rich in ecosystems are being replaced by less complex landscapes due to human impacts in the Anthropocene. There is now a great urgency to document and conserve the biota of the world in order to establish baseline data for understanding patterns of change and resilience in the environment at both regional and global scales. Cryptogams, including lichens are more often ignored and unacknowledged, although they play a vital role in the ecosystem.   

Lichens are self-contained miniature ecosystems and behave as good farmers in the nature. It is estimated that 6% of the Earth’s land surface is covered by lichens. There are about 20,000 known species of lichens. Some lichens have lost the ability to reproduce sexually, but nevertheless continue to speciate.  
Gothamie Weerakoon, 
Senior Curator of Lichens and Slime Moulds at the Natural History Museum of London
Her research interests are focused on the taxonomy and ecology of tropical lichens, bio-indication and conservation of lichenised fungi in endangered habitats. Her responsibility as the Senior Curator of British, General and Historical herbaria is to manage and develop one of the world’s largest lichen collections, lichenicolous fungi and slime moulds with approx. 450,000 specimens. She has spent much time in the field in South and South East Asia observing lichens in their native habitats and described more than 75 new lichen species, mostly in Graphidaceae from the Old World tropics. 

Lichens are found growing almost everywhere in the world from sea level to high alpine elevations, in many environmental conditions, and can grow on virtually any surface including man-made structures - glass, tiles, fibre, rubber, concrete etc. Longest living lichens recorded from Arctic and Antarctic continents which are over 3000 years old are considered to be among the oldest living organisms.   

Lichens play a vital role as bio-indicators of air pollution, ozone depletion, metal contamination and climate change since they are extremely sensitive to environmental changes. Although it goes unnoticed, many animals including humans depend on lichens - mimicry, to capture food, bedding and housing, dyes, antibiotics, perfumes, tea, flavouring agents etc. Tropical regions in the world are the hot spots for lichens. During the last 5 years over 80 new species were discovered in Sri Lanka. For lichen family Graphidaceae, Sri Lanka has been identified as the world’s hot spot. However, these fascinating organisms have not received due attention. Most of the lichens are exclusively found in specific habitats in the country and are point endemics. There is an urge to identify these organisms and conserve in their natural habitats.  
The WNPS Public Lecture is open to all members and non-members. Free Entrance.   

Friday, November 30, 2018

18 Palestinians injured as Israeli army fires on Gaza protesters: Ministry


Nearly 6,000 Palestinians have been injured since March by the Israeli army's use of live ammunition during protests in the Gaza Strip
Palestinians have held protests in Gaza every Friday since 30 March (Reuters/File photo)

Friday 30 November 2018
At least 18 Palestinians have been injured after the Israeli army opened fire on weekly protests in the Gaza Strip, the health ministry in the blockaded enclave said.
The injured were hit with live ammunition on Friday as a few thousand Palestinians gathered in different spots along the fence dividing Israel from Gaza, the ministry said.
None were reported to be in life-threatening condition, it said.
Palestinians in Gaza have rallied every week since the end of March as part of the Great March of Return.
The protesters are calling for an end to the stifling blockade on the coastal Palestinian territory and demanding the right to return to their ancestral homes in what is now Israel.
The number of participants at the protests has gone down since a ceasefire agreement was reached earlier this month between Israel and Hamas, which governs Gaza.
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However, at least 235 Palestinians in Gaza have been killed since March, mostly by Israeli fire, but also by air and tank strikes. Two Israeli soldiers have been killed over that same period.
Nearly 6,000 Palestinians have also been injured by the Israeli army's use of live ammunition at the protests, according to the Palestinian health ministry.
Earlier this week, Doctors Without Borders (MSF) said the healthcare system in Gaza was struggling to meet the needs of Palestinians who have been injured by live fire during the demonstrations.
As a result, thousands of Gaza residents are suffering from long-term injuries, the medical charity said, and the majority of MSF's patients need further medical treatment to properly heal from their wounds, or receive necessary rehabilitation.
"A slow-motion healthcare emergency is unfolding in Gaza as the cumulative needs of patients shot by the Israeli army and seriously injured during protests mount," the group said.
"This burden is too much to bear for the health system in Gaza in its current form, weakened as it is by more than a decade of blockade."