Mawanella Incident: Nation Should Be Wary Of Racist Cat-Paws At Play!

By Mohamed Harees –DECEMBER 27, 2018

Lukman Harees

What happened in Mawanella involving the destruction of Buddhist statues is extremely tragic and should be severely deplored with all the emphasis at our disposal. Further, this act goes against the religious teachings, our people hold sacred. Impartial investigation should begin without any delay to identify if this is a lone wolf attack or the attackers are mere cat-paws of and part of a greater machination. Those involved in the dastardly act should be subjected to the severest punishment under the law. Even if is a lone wolf attack, a danger lurks where there are always possibilities that forces with self-centred vested interests and ruined political ambitions may exploit the emotions of the affected people to exasperate communal tensions and re-create another ‘Digana’ or bout of communal violence, in pursuance of their own agenda even at the cost of much needed communal harmony. The positive development has been the laudable manner in which the religious, political and civic leaders have approached this issue and have sat down around a table to discuss and extinguish these inflammatory issues is most praiseworthy at least for now.

Sri Lanka no longer can afford to go through any more periods of communal tensions and violence, on the heels of a continuing political crisis arising out of a constitutional coup initiated by the Head of State. Already the country’s economic progress has had many setbacks in the Post-war era with a galloping debt burden, chronic political corruption and an increasing cost of living while national reconciliation has become a distant cry. Post war era Sri Lanka has been sitting on a communal volcano and a powder keg exploding from time to time.

It is therefore imperative that the Police and the law enforcement authorities act both firmly and even-handedly to ensure that these types of vandalism and explosive issues do not explode into serious ones, by undertaking a thorough impartial investigation and identify if any possible cat-paws of conspirators hell-bent on creating mayhem in the country already wounded by 30 years of a bloody war and regular bouts of communal violence. Action of individuals should not be allowed to be amplified as actions of an entire community and tarred with communal colours, thereby allowing goons and hooligans to launch attacks on them, commit arson and loot their properties at will. Digana should serve an apt reminder and a bitter lesson.

The role of the Police in these types of communally tense situations in the past by and large has been controversial and their impartiality called into question. Police were blamed for not taking instant action to nip them in the bud, and for failure to conduct proper investigations, sometimes at the behest of some political higher-ups too. They were even accused of complicity in the riots by turning a blind eye, allowing perpetrators to indulge in mischief under the cover of curfew, and also by taking part in the acts of arson and looting. Even the good image of STF was tarnished recently. Both the government as well as the Police higher-ups should therefore treat these as serious issues and take preventive action in instances of this nature, as these types may not be the last. The President as the Minister in charge of ‘Law and order’ (despite our reservations of his credibility to hold this post) should take full responsibility to ensure that these types of incidents are properly investigated ,culprits identified and action taken against them irrespective of the race they belong to or positions they hold.

The communal riots and violence seen in this country are not spontaneous outbursts of violence between two communities; rather they all carry hallmarks of being meticulously planned and executed. It is necessary for the Police to make this distinction as the role of law and order machinery depends very much on whether the riots/violence are planned or is spontaneous. If it is well planned (as they are in respect of communal violence in our country), then it assumes a different character and requires more motivation and determination on the part of the Police to control it. These are usually pre planned by anti-social groups with pseudo patriotic labels or frustrated political elements with their own agenda or to serve the interests of their political patrons. After this planning phase, an appropriate atmosphere or scenario has to be created and this is often done with a view to raising the communal temperature by spreading atrocious rumours (Wanda pethi), an altercation causing serious or fatal injury (Aluthgama or Digana trishaw incident) or staging attacks on religious symbols ( like many ‘engineered’ incidents of destroying Buddha statues in Trinco, Colombo areas and in this case Mawanella). This greatly helps in spreading violence and justifying it. In other words, violence acquires legitimacy in the eyes of the affected community and difficult to control specially if the issues at hand involved are religious or historical deeply embedded in the emotions and psyche of the people and when political higher-ups act as patrons. The law enforcement and the government therefore have to take these perspectives and historic lessons into account when inquiring into and dealing with the incidents which happened in Mawanella.

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UK TO SUPPORT SRI LANKA’S ACCOUNTABILITY COMMITMENTS TO THE UN HUMAN RIGHTS COUNCIL

26/12/2018

The UK Foreign Office responding to the petition “Refer Sri Lanka to International Criminal Court, if it continues to fail to implement its commitment made to the UNHRC Res. [A/HRC/RES/30/1] by March 2019”. signed by over 10,000 British citizens said that the UK is committed to supporting the Sri Lankan Government’s efforts to improve the human rights situation in the country and supports Sri Lanka’s commitments to the UNHRC through Resolutions 30/1 and 34/1, as the best way to establish truth, and to achieve justice, restitution and reconciliation.

The petition said Sri Lanka has failed to implement the resolution and brazenly repudiated its commitments to the UNHRC and victims of the war, so far without consequence. In March 2018 UN Human Rights Commissioner Zeid Ra’ad Al Hussein has also explicitly expressed his frustration, having lost faith in Sri Lanka’s willingness to engineer transitional justice and has called on member states to “explore other avenues, including the application of universal jurisdiction,that could foster accountability.” the UN Deputy for Human Rights, Kate Gilmore called for the establishment of a Special Court.

In a press release dated 19 December 2018 the FCO said: UK support for international criminal justice and accountability is a fundamental element of our foreign policy. The UK supports Sri Lanka’s accountability commitments to the UN Human Rights Council through Resolutions 30/1 and 34/1 as the best way to establish truth, and to achieve justice, restitution and reconciliation. A national process, initiated by the Government of Sri Lanka and supported by all communities, offers the best route to achieve this.

UK support for international criminal justice and accountability is a fundamental element of our foreign policy. The UK supports Sri Lanka’s accountability commitments to the UN Human Rights Council through Resolutions 30/1 and 34/1 as the best way to establish truth, and to achieve justice, restitution and reconciliation. A national process, initiated by the Government of Sri Lanka and supported by all communities, offers the best route to achieve this.

The UK welcomed the Annual Report of the Office of the UN High Commissioner for Human Rights on 21 March, which assessed progress made by the Sri Lankan government in the implementation of UN Human Rights Council resolution 30/1 and 34/1, and found that the Government of Sri Lanka has taken some steps to address human rights concerns and to introduce more democratic and accountable government.

These include the return of some military-held civilian land, the establishment of an Office of Missing Persons and the ratification of the Convention on Enforced Disappearances. However, more needs to be done. We are encouraging further progress on these issues, as well as encouraging the Government of Sri Lanka to deliver meaningful devolution through constitutional reform, and to establish credible mechanisms for transitional justice. Minister for Asia and the Pacific Mark Field raised these issues with the Government of Sri Lanka during his visit in October, and subsequently made three public statements – on 26 and 29 October, and 9 November – urging Sri Lanka to fully implement the commitments it has made to the UN Human Rights Council.

The UK is committed to supporting the Sri Lankan Government’s efforts to improve the human rights situation in the country. The UK is providing Sri Lanka with £8.3 million of Conflict, Stability and Security Fund funding over three years, including support for police reform and training,
reconciliation and peace building, and resettlement and demining in the north of the country. (Foreign & Commonwealth Office)

( EyeSriLanka)

The Universal Declaration of Human Rights at 70

Featured image courtesy Sadler’s Wells \ Photo shows a flag designed by Chinese artist and activist Ai WeiWei to mark the 70th anniversary of the Declaration. The design was inspired by the artist’s time spent visiting Rohingya refugees in Bangladesh, where he noticed that nearly everyone was barefooted; the bare footprint intended a symbol that ‘relates to anyone who has ever been forced to flee’. 

12/27/2018

LONDON – Seven decades after its adoption, the Universal Declaration of Human Rights (UDHR) remains a beacon of hope for the world, sending out an unequivocal message that an injustice anywhere is a threat to justice everywhere, and that no abuse of human rights can be allowed to continue without challenge.

While illiberalism and authoritarianism is on the rise, it is important to recall that the UDHR – and the covenants and conventions it has inspired – champions every person’s right to life, liberty, and security. Incorporated into many countries’ constitutions, it stipulates that no one should be subjected to torture or to arbitrary arrest or detention. It enshrines the rights to a fair trial, privacy, free expression and association, and freedom of thought in religion and conscience. Moreover, it emphasizes important social and economic rights, such as the right to work and form labor unions.

But the authors of the UDHR – created amid the Cold War politics of the 1940s – could only agree on what rights people should have, not on why these rights should be regarded as fundamental, let alone how or by whom they should be protected. At the outset, there were no enforcement treaties, no proper appeal mechanisms, and, until much later, not even basic covenants countries could sign. A creature of its time, the UDHR also says little about the rights of women, the disabled, the LGBTQ+ community, and children. And so, despite major advances over the last seven decades – such as the creation of the International Criminal Court (ICC) and the UN’s Responsibility to Protect doctrine – human-rights abuses continue to be perpetrated at an alarming rate and with virtual impunity.

To make recommendations relevant to a review of the UDHR at 70, New York University convened the Global Citizenship Commission (of which I was chair) under the auspices of John Sexton and Paul Boghossian. Our deliberations were informed by a team of philosophers brilliantly led by Jeremy Waldron.

Beyond enumerating rights, the Commission argued for a new clarity about who should carry out the corresponding duties, and how. Time and again, vetoes or threats of vetoes by the permanent members of the UN Security Council have blocked action. The resulting paralysis has not only permitted massive loss of human life; it has also undermined the credibility of collective security, enabling increasingly flagrant human-rights abuses. To address this, the Commission’s report recommends that the Security Council’s permanent members voluntarily suspend their vetoes in situations involving mass atrocities and, by implication, allow more scope for the ICC. And, beyond identifying the more detailed responsibilities of governments and international institutions, new mechanisms should be created to ensure corporate compliance with human rights.

It is to the credit of the UDHR’s authors that, unlike the European Convention on Human Rights, a single declaration enshrines not only civil and political rights, but also social and economic rights. But it is not enough to declare that such rights are important. In South Africa, for example, a modern constitution includes explicit commitments to upholding social rights. Yet the country has found no satisfactory means of enforcing them.

The desperate plight of the world’s nearly 70 million displaced people and over 20 million refugees has just been recognized in new agreements hammered out in December this year. The Commission’s report asserts unequivocally that the world’s refugee protection system should be strengthened, not least by reaching an effective consensus on the balance between the right to movement and the power of states to restrict it –with the long-term objective of a new international convention that supports Sustainable Development Goal 10.7, which commits states to “facilitate safe, orderly, regular, and responsible migration.”

One of the Commission’s most urgent sets of recommendations relates to the treatment of children now at risk in the world’s 40-plus ongoing wars. A new report that emerged this year from the Commission’s work, Protecting Children in Armed Conflict, edited by Shaheed Fatima QC, also calls for radical changes – for schools in conflict zones to enjoy the same effective protection as hospitals; for states to take active measures to prevent sexual violence against children and to prevent child abductions and trafficking, and for a clear declaration that denial of humanitarian access is always unlawful where civilians are at risk of starvation. In the longer term, Fatima recommends that the international community consider adopting a comprehensive legal instrument and civil accountability mechanism for the protection of children in armed conflict.

Former US First Lady Eleanor Roosevelt – the driving force behind the UDHR – once declaredthat human rights begin “in small places close to home, so close and so small that they cannot be seen on any maps of the world. Unless these rights have meaning there, they have little meaning anywhere.” And indeed, The Ordinary Virtues by the former Canadian politician Michael Ignatieff, which grew from a Carnegie study, indicates that even in the world’s most desolate and lawless corners, individuals have a strong sense of their own rights and also, if to a lesser extent, of the importance of treating those close to them with decency.

Yet, even as the world becomes more deeply integrated, millions do not have a strong sense that human rights should be upheld as the universal rights of all. That is why the Commission, citing the work of Fonna Forman, founding Director of the Center on Global Justice at the University of California, San Diego, makes recommendations about how governments might actively encourage and support human-rights education – something few countries currently do.

After all, as Roosevelt pointed out, documents expressing ideals “carry no weight unless the people know them, unless the people understand them, unless the people demand that they be lived.” That simple truth must underpin the world’s agenda for championing human rights now and in the future.

The Global Citizenship Commission report was made possible with editorial help from K. Anthony Appiah, Craig Calhoun, Andrew Hilland, Robert Shrum, Diane C. Yu, and many others. For the full membership of the Commission, see gias.nyu.edu/2016/04/release-global-citizenship-commission-report/.

Gordon Brown, former Prime Minister and Chancellor of the Exchequer of the United Kingdom, is United Nations Special Envoy for Global Education and Chair of the International Commission on Financing Global Education Opportunity. He chairs the Advisory Board of the Catalyst Foundation.

Copyright: Project Syndicate, 2018.www.project-syndicate.org

The clash of the two Titans: what next?

 Ranil and Maithripala in 2015. Will they go back to 2015, or part ways once again?

Friday, 28 December 2018


The ideologies of the UNP and the SLFP have shaped the political experience of both Sirisena and Wickremesinghe. These ideologies, experiences, struggles and for dominance over the other have been the root cause of these recent confrontations. True, we got over one critical undemocratic act of the President, and the President has now restored the status quo. As anticipated, what we encountered on the day the Prime Minister was sworn in once again was only the beginning. By all accounts, the political saga is likely to continue for a while, unless the UNF makes a genuine effort to engage the President and show some positive results. Whatever the criticism may be - and he deserves most of it - for his undemocratic act that shocked the nation, President Sirisena has a good understanding of what is happening on a daily basis in rural Sri Lanka where majority of our people resides. He has repeatedly asked for greater support for small and medium enterprises, as their development directly improves the livelihoods of lower middle class Sri Lankans, and wanted his Government to actively create avenues to support SME investment, including providing tax concessions where possible.

United Government 

Credit for SMEs from banks has been in short supply, according to the President, where loans and other long term funds have generally been hard to come by for many reasons. Therefore, support for SME agriculture, healthcare, and education has to be bumped up, according to him. Education is another key sector that needs new investments. Technological innovation in the educational sector will produce ‘bots’ or robots that can teach and answer questions in real time as automated student advisors - this will take place within the next ten years. The country is not geared to support such innovations. Therefore, the specific sustainable development goals to be adopted must be made clear. Sustainable development requires sound economic governance and a focused domestic policy framework, to facilitate inclusive growth and thereby advance the economic, environmental, and social welfare of all our people. The benefits of economic growth have to be more widely distributed, because inclusive growth is the cornerstone of sustainable development. Mainstreaming sustainability considerations in policymaking will, in turn, support inclusiveness.

Strong growth performance

We need measures to reduce extreme poverty in many of our regions, along with broader development. But much work remains to be done because better growth is contingent on strong and sustained domestic reforms. Structural weaknesses, such as poor infrastructure, low investment in education, low productivity and huge social deficits unless addressed, would prevent us from realizing our full growth potential.

Important lesson

The important lesson of recent decades is that, although economic growth is vital and necessary, it is not enough to create shared and sustainable prosperity. That requires shifting the focus of development policies to address not only “inequalities of income’’ but also “inequalities of opportunity’’. This distinction is important, because different kind of deprivation reinforce each other. Lack of access to adequate healthcare, basic nutrition, clean drinking water, better sanitation, and quality education, for example, can harm people’s employment prospects, widening the gap even further between the haves and have-nots, and creating a vicious spiral of inequality. For sustainable development to succeed, growth must be made more inclusive, by addressing social and environmental deficits. It is essential for the government to launch integrated and well-designed packages of inclusive policies to boost opportunities for productive employment and job security, equitable access to finance and to provide adequate access to basic services, such as education, healthcare, energy and water. Addressing the shortcomings of inclusive growth, together with prudent and consistent management of risk to growth, has to be a key part of our country’s transformation for the real sustainable future the people want.

Way forward

From now on, for Sirisena to support the UNF Government, the package of reforms needs to be very clear. There should be no additional taxes passed on to the poor. Wasteful and unproductive public expenditure has to be curtailed; public institutions have to be more efficient and demand-driven; public enterprises have to be on equal-footing with private enterprises when it comes to managing, and our debt burden has to be reduced and be manageable. Tax collection has to be fair and efficient. Then, for years, we have lived on a fragile exchange rate. Weak external finances clearly show the vulnerability of our exchange rate. In the current account of our Balance of Payments (BOP), it should be the export potential that reflects the country’s productive strength. But our net exports shows a deficit, which is covered by worker remittance. In the financial account of our BOP, foreign direct investment (excluding G to G) is less than $1 billion, but external debt liabilities are over $ 32 billion, grown by 23% YOY. These are surely not signs of economic and social prosperity, but sheer incompetence and mismanagement. All this needs to change. Unless the Government initiates a clear course of action, nothing will change in the country, and Sirisena will not watch in silence, if the Government continues like in the past with the UNF cronies (identified by him publicly). The window of opportunity for the Government is certainly closing fast, both with the public and the President. Therefore the enormously experienced Ranil must make the right moves in the New Year, in favour of a etter and more prosperous country.
(The writer is a thought leader.)

Commonwealth commends Sri Lanka PM for commitment to democratic process

Thu, Dec 27, 2018, 08:25 pm SL Time, ColomboPage News Desk, Sri Lanka.

Dec 27, Colombo: The Commonwealth congratulating Sri Lanka's reinstated Prime Minister Ranil Wickremesinghe commended the Premier and other political stakeholders for defending the democratic process and upholding the rule of law and the constitutional framework.

"In particular, I commend you and other political stakeholders for your steadfastness in defense and support of the rule of law and the constitutional framework," the Secretary General of Commonwealth Patricia Scotland, QC said in a congratulatory message to Prime Minister Wickremesinghe.

The Secretary General welcomed the peaceful resolution of the political crisis in Sri Lanka and offered the Commonwealth's steadfast support to Sri Lanka to improve political reconciliation, progress constitutional reforms and entrench the rule of law.

Full text of the Secretary General's message:

Prime Minister:

I write to welcome the peaceful resolution of the political crisis in Sri Lanka and to congratulate you on the occasion of your swearing in to mark your re-installation as Prime Minister.

In particular, I commend you and other political stakeholders for your steadfastness in defense and support of the rule of law and the constitutional framework. The way in which the crisis was resolved is a testament to the strength and resilience of Sri Lanka's democratic institutions and to the commitment of political stakeholders to the democratic process.

As communicated to His Excellency President Maithripala Sirisena, the Commonwealth remains ready to support Sri Lanka's efforts to improve political reconciliation, progress constitutional reform, and entrench the rule of law.

In the above context, I trust we will be able to progress as number of engagements which we are hoping to take forward with Sri Lanka, and very much look forward to building on the longstanding and fruitful partnership between your country and the Commonwealth Secretariat.


Please accept, Prime Minister, the continued assurances of my highest consideration.

Sri Lankan Foreign Ministry is in Disarray

by Our Foreign Affairs Editor-Dec 27, 2018

Dec 27, 2018

Like many other ministries in Sri Lanka, the Foreign Ministry is in disarray. During the Rajapaksa regime, it was politics that destroyed the Ministry of Foreign Affairs. At that time the primary purpose of the Foreign Ministry was to support the political agenda of the Rajapaksa family. When the government was changed in 2015 this chaotic situation turned into a nightmare for many Foreign Service officers. They wanted the new government to revamp the Foreign Ministry to cater to the needs of the country and project Sri Lanka in the international arena as a responsible member of the international community. For that, it was a prerequisite to position capable officers in the Ministry and the Missions abroad. However, the political leadership failed to bring about the necessary changes.

Any officer who joined the Foreign Ministry has been looking forward to working in a Diplomatic Mission and at the peak of the career serving as an Ambassador. At present, there have been no significant political barriers for the officials to reach their professional goals. However, since 2015, the officials heading the top-most positions at the Ministry have been using this golden opportunity to serve their favourites rather than addressing genuine grievances of the Foreign Service Officers. As a result, fair treatments at the Ministry, transparent system on postings and taking action against officers who are responsible for misdeeds could not have been expected. It was the Senior Officers who do not follow the rules and regulations and the Sri Lanka Foreign Service minutes. As a result, today, the junior officers have to resort to legal actionsagainst the Ministry to prevent misusing of the Service Minutes and for their rights.

After 2015, some officials who licked the shoes of Rajapaksa family consolidated their positions under the new administration too and began to abuse power and illtreat some officers who stood against cronies of Rajapaksa regime. For the first time in the history of Foreign Ministry, the entire Foreign Service batches of 1984 and 1986 were able to secure Ambassadorial posts. In 2015, the cronies of  Rajapaksa family at the Ministry prevented some officials who received step-motherly treatment during the previous government receiving Ambassadorial posts. They even helped those who were responsible for misappropriation of public funds during the Rajapaksa regime to evade being punished. Instead of punishments, such culprits received good Ambassadorial and other postings while some senior officials had to serve in the Ministry more than three years to get a posting to a Mission. Pussy-cats of the top officials and some politicians receivedpostings to the Missions not serving in the Ministry at least six months after their previous assignment abroad.

Previous Secretary of the Ministry controlled the entire affairs under weak political leadership. He used his position to treat his girlfriends and others who licked his boots. He created a posting list before his departure mainly consisting of Rajapaksa cronies, his girlfriends and a group of so-called elites in the Ministry. Also, most of the favourites got extensions in the service beyond three years, which is the usual period of work abroad. At present, almost all the Ambassadors appointed in 2015 have completed their three-year period, but no action has been taken to replace them. Even some Diplomatic rankers in the Missions have got several extensions. It has made the officials who do not belong to the “elite club” disappointed.

It is also a fact after the 2015 government change, the Ministry of Foreign Affairs has not been able to make a significant contribution to protect and promote the interests of Sri Lanka abroad. For example, since 2015 the Embassies and High Commissions have not been able to help bring in at least one hundred million dollars worth of investment to Sri Lanka. The Prime Minister openly criticised certain officials including the present secretary of the Ministry on their failure in theinvestment promotion drive. The Prime Minister in vocally mentioned that his team in Colombo, not the officials in the Missions, were organising investment promotion events abroad and bringing investors to Sri Lanka.

In the case of punishing the officials misappropriated the public funds, the Ministry has been inactive. The famous officer who got all his promotions by licking the back of Rajapaksa family and later became an additional Secretary was hurriedly sent away by the good governance promoters to protect him from arrest. Similarly, another infamous lady officer and a male officer responsible for a financial scam in Geneva were also given postings disregarding all the opposition against them being posted abroad. The present Ministry authorities ensured to keep her away from Sri Lanka to protect her further from the judicial authorities. It was the genuine demand of the impartial officials of the Foreign Ministry to conduct investigations on some culprits in the Foreign Service.

For example, one of the officers who served in a Mission in the northern Hampshire was accused of illegally filling the tank of his official vehicle assigned to him with 550 litres per month to be used for personal activities before his departure to that post. His official quota was 120 litres per month. No action had been taken against him. The writer was informed that a foreign law enforcement agency has been conducting an investigation on another foreign service officer for sending athreatening email to a senior Foreign Service officer.

It is the view of Foreign Service officers that the present secretary will not be able to be impartial because of his conducts in the past. When the Minister Kadirgarmer in power he was dismissed from the post of Director information for publishing wrong war map of the north. He was also reprimanded for harassing a lady officer. Recently, a lady Foreign Service officer has told her colleague that she would divulge a case of forcibly having sex with her.

The Prime Minister of the country usually does not allow the Foreign service officers to accompany him during his official visits mainly because most of them are still spying for Rajapaksas and they lack professionalism. An officer serving in London was chased away by the Prime Minister for highlighting donating cows as the main point to thank the Indian government during the PM’s visit to India.   Also, the chief of the protocol was barred from entering the office of the Prime Minister and participate in official meetings with foreign dignitaries.

The officers are of the view that the senior officials of the ministry should respect the service minutes, follow Financial and administrative Regulations and be transparent. Officials provided information to this writer informed that they have ample evidence to take legal actions against present senior officials of the Foreign Ministry.

When reading the pulse of the people is vital

2018-12-27

The Xmas spirit in Sri Lanka was dampened somewhat due to both manmade and natural disasters. Much of the north is affected by adverse weather which had left 26,314 families and over 80,000 people displaced by Wednesday(December 26) morning. We heard Cardinal Malcolm Ranjith Perera appealing to the people to provide aid to these displaced people. He said that it was the duty of the people to do so and to focus on this responsibility even though the country was celebrating Christmas. The Cardinal, it seems, is quick to respond when the country is effected by a natural or political disaster.

The manmade disaster was the 52-day chaos that the country plunged into. Normalcy was restored when the Supreme Court ruled that the decision taken by President Sirisena to dissolve parliament before the completion of a four and half year period  was unconstitutional. The new Cabinet sworn in on December 20 (Thursday) has a herculean task at hand to resurrect the economy which is burdened by heavy foreign debt.

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• Maheswaran’s appointment as a state minister raises eyebrows
• But Sri Lankan politics is such that the bad reigns over good
• The Government has hinted that there would be many surprises in the 2019 Budget
• Though the UNP won its battle within parliament it is set to face mounting challenges outside it in the future

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But the challenge for the new Cabinet under President Sirisena would be to work along with the Executive, who is ill-disposed towards its ministers. Premier Wickremesinghe has to continue wearing his thinking cap given that the president rejected a request made by the UNP Leader to reactivate the previous national government. The UNP’s motive in making this request was to team up with the SLFP and strengthen the Cabinet.

The UNP has its concerns about the future because as many as 15 government ministers were absent when the last ‘Vote on Account’ took place. This is very serious and amounts to a breach of trust because the UNP’s political future depends on the support of several minority parties. For the record there were several TNA parliamentarians among the 116 who were absent during the voting for the ‘Vote on Account’.

He has warned that the Muslims have lost this power to bargain because they have accepted ministerial posts in the new government. This is food for thought for the UNP which is hell-bent on tapping the minority parties

The end of the Christmas celebrations leaves us counting the days till we usher in the new year. But the country’s citizens, focused on 31st Night celebrations are also watchful because among the newly appointed ministers are the names of those who are associated with so much controversy and negativity. Some of the individuals who we would least wish to see as lawmakers are Ravi Karunanayake, Arjuna Ranatunga, John Amaratunga (Cabinet Ministers), Vijeyakala Maheswaran (State Minister) and Palitha Thewarapperuma (Deputy Minister).

Karunanayake was forced to resign as Finance Minister over a controversial Penthouse issue while Ranatunga was time and again embroiled in disputes with the employees of the Ministry of Petroleum Resources Development during his tenure as its minister.

Good and the bad in politics 

Maheswaran’s appointment as a state minister raises eyebrows because she is a lawmaker who almost brought curtains down on her career as a politician after making the controversial statement that the LTTE should be resurrected in the north. Karunanayake too ran the risk of being eliminated from politics due to his alleged involvement in the Penthouse issue. But Sri Lankan politics is such that the bad reigns over good. In other words those who walk straight are destined to be ousted while those who walk crooked generally enter parliament.

This is why Cabinet Minister and Telecommunication and Digital Infrastructure Ajith P. Perera has stressed that the UNP should play the second innings it has got very cautiously. Perera is of the opinion that the Green Party must serve the people within the limited time it has to ensure it gets a third innings to play in politics.
Despite the UNP getting set to deliver during the upcoming 2019 new year, all eyes are on the new Budget to be presented by the Wickremesinghe government. The Government has hinted that there would be many surprises in the 2019 Budget. But what’s inauspicious is that the UNP controlled Kandy Municipal Council Budget for 2019 was defeated a few days ago.

The UNP has its concerns about the future because as many as 15 government ministers were absent when the last ‘Vote on Account’ took place. This is very serious and amounts to a breach of trust

The UNP led government has to pick up these signals if it is to read the pulse of the people and make necessary adjustments. Another disturbing news is that as many as six provincial councils have gone public in saying that they would not support the new government. Though the UNP won its battle within parliament it is set to face mounting challenges outside it in the future.

The TNA for now offers its support to the UNP. But it has put down many conditions for the support it extends. The UNP might not be able to meet all these demands. In this wake there is another minority party, the United Peace Alliance, which has made a very strong point. Its Chairman and former minister Basheer Segu Dawood has affirmed that the Muslims have bargaining power only till they remain in the opposition. He has warned that the Muslims have lost this power to bargain because they have accepted ministerial posts in the new government. This is food for thought for the UNP which is hell-bent on tapping the minority parties by offering them ministerial posts for its survival. 

Crisis Is Not Over

By Rajapaksha Premarathna –DECEMBER 27, 2018

Rajapaksha Premarathna

Restoring democracy as a head line is not something we can be proud of. True we got over one critical undemocratic act and the process that was taken to restore the status core is definitely a reason to be proud of. As we saw and anticipated, what we encountered was only the beginning. By all account the saga is likely to continue for a while. However it may not be all doom and gloom for the citizens. There are some positives that surfaced in the process for us to remain hopeful. We’ll discuss them later.

Look at the five precepts of the current Sri Lankan politics. Unless they are changed and got people to realize the true meaning nothing is likely to happen except the transfer of power from one group to another. Would you recognize them? Sure there are a few others but these may be the core.

Democracy = ‘My way is High Way’. More powerful people get others to follow their high ways. Judiciary = ‘Justify my way’ – Considered as the mechanism available to justify pre-made decisions. Religion = ‘Blinding act’ – Systematic process that is used to brain wash people towards myth & disharmony. Nationalism = ‘Racism’- Process to exploit less exposed people thorough fear psychosis. Modernization = ‘Foreign interference’ – Rhetoric being used to prevent people embracing the new world
Actions under these banners have been successfully used to manipulate the general public particularly in non-urban areas. This is the critical mass that chooses the parliamentarians. The attraction of large crowds to activities under any one of the above ‘Banners’ is a compelling testimony to their negative effect and penetration in the society

Identifying the issues, finding root causes are of no avail unless creative solutions are developed and implemented. The actions needed to be moved from the cities to grass root levels in the distance places in the country. The issue is compounded by non-availability of any credible and effective communication channels that can reach non-urban masses as most main stream channels have aligned themselves with the promoters of the above ‘Five precepts’

Aftermath of October 26 actions yielded in several positive outcomes and gave some hopes. First let us capture them

– More than ever the smaller political parties played a very decisive leadership role in guiding and providing direction whilst withstanding the pressure and manipulations. In the absence of a strong and credible third force in the country, the leadership acts we saw were promising.

– Various civil society groups and individuals rally to effectively highlight the issue and show determination to take the issue to a positive end. The methods and avenues of communication they employed were innovative and engagement of several female groups was encouraging and powerful.

– The professionalism, credibility and courage shown by the highest court surpassed the expectations of many. When the independency of the judiciary has been a question for several years, the Supreme Court lead by the CJ himself made Sri Lanka proud and set an example to rest of the judges. If the right people are appointed they showed they can stand upright. They were heralded by world press and the legal fraternity across the world

– Combining all his political experience (barring some old patches) and courage, the speaker too did a splendid job when things were falling apart. Thanks to his courage and wisdom, the country got a firsthand opportunity to see how the lowly people they elected behave in a place they should never have been sent to.

– When all the main stream media enforced a self-inflicted seizer on disseminating right information and denying the people right to know the truth, the online community (web news lines, e -papers, social media groups etc) did an excellent job. That probably halted the infamous MP sale process. Surely the end results would have convinced those ignored them at least to be curious now. On the other hand in a world communication happen to be the one of the most powerful weapons, how Sri Lankans have been deprived of such opportunity is unforgivable.

– Not ignoring some of the possible reasons, the role played by the international community including the neighbors was a morale booster and potentially augurs well for any future positive initiatives
Should we not build on these successes and make use of the ‘Good stuff ‘and good people?

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Ethno-religious provocations a looming possibility following failure of coup

Dr. Ameer Ali

Friday, 28 December 2018

President Maithiripala Sirisena (MS) has called on his supporters to prepare for an election next year. He has not indicated any timeline yet. However, one can understand his state of mind, which is still smarting under humiliation received in the aftermath of the infamous Fifty-Two-Day constitutional coup at the hands of the legislature, judiciary and civilian public at large. The Provincial Council Elections may come first to test the waters, and if he sees a positive swing to his side he may initiate moves for General Elections without much delay. One thing is certain, and that is, working relations between Prime Minister Ranil Wickremesinghe (RW) and MS, for the rest of this government’s term of office, are going to be anything but tumultuous.

The President is again in bed with his former divorcee Mahinda Rajapaksa (MR), who is also, understandably and equally, angry at the turn of events. Even his position as Leader of the Opposition is under challenge. MR strongly believes that he stands a good chance of coming back to power if an election is held soon. I believe that he is reading too much from the results of the last Local Council Elections. Immediately after that election, I contributed a piece to this journal titled, “Landslide does not mean Endorsement”. It was, in my view, more an overwhelming protest vote against the incompetency of RW Government than approval of Rajapaksa’s alternative. Whatever popularity that MR carried since then must have diminished substantially after his collusion with MS during the Fifty-Two-Day saga. There is no doubt that peoples’ anger at MS has also fallen on MR. Ultimately however, MS-MR victory or loss depends entirely on the performance of re-born RW government. Will this government deliver the goods? There is no use bragging about how well it did before being and how determined it is to do more. The government needs at least an 18 months plan of action to show to the voting public and must deliver on it before going to the polls. Most importantly, RW will survive or disappear solely on what his government is planning to do to bring down the skyrocketing cost of living.

Desperate situations call for desperate measures. If MS-MR alliance gets too desperate it may look for a trump card to play for victory. Historically, that trump card had been the ethnic card in the hands of political contenders since 1950s. Both parties, UNP and SLFP, had resorted to this dirty game in the past, and there is no guarantee that they will not do so in future. Given the way TNA, SLMC, ACPC and other minority ethnic parties had conducted themselves in the Fifty-Two-Day struggle for democracy, there remains a strong possibility that the losers may lit the ethnic fire as elections get closer. Reading between lines of published utterances from certain politicians and their so called legal and intellectual advisors one is able to detect an ant-Tamil and anti-Muslim tone. Recent events show that one or two monks and even elements from the security would join to add fuel to the fire. It is therefore imperative for a patriotic, progressive and inclusive party like the JVP and other civil society movements to forewarn the voting public against evil provocations. I wish to be proved wrong, but recent political history makes it too tempting not to float this warning.

Sri Lanka cannot afford to continue with this ethnic and religious divisiveness. The country has paid and still paying too dearly, both locally as well as internationally, for promoting ethno-nationalism as cure for its political, economic and social ills. All communities are equally guilty of resorting to this suicidal mania. We let emotions to rule over reason and falsehood to reign over truth.  How else does one explain that a country where four great religions, Buddhism, Hinduism, Christianity and Islam lived cheek by jowl and in total amity for over a millennia, deteriorated into an ethnic cauldron within little over fifty years? The blame should be laid entirely at the doorstep of power hungry politicians.

A humiliated MS and a power hungry MR have combined to recover their lost pride and power at any cost. To achieve that objective they are prepared to try anything. Before further damage is done, let the constitutionally enshrined executive powers of the President be removed, and allow the judiciary un-interfered with to tackle MR regime’s abuse of power and its successor’s financial malpractices. Does RW Government have the guts and stamina to do this?

The second freedom struggle (III)

 The knowledge of Sri Lanka in the sphere of constitution making is scant. Not only the general public, even the political leaders and the political parties have only a limited knowledge on the subject. Even the knowledge of the Sri Lankan experts on the subject is limited to outdated and archaic concepts – Pic by Shehan Gunasekara

 Friday, 28 December 2018

John Locke (1632-1704) was the first philosopher to introduce the concept of classical liberalism, a political ideology that argued that the sovereignty of the state rests on the people. The state derives its power from the people. He presented this idea to the world in a very clear formula. Bertrand Russell described him as the most distinguished and fortunate philosopher among all the other philosophers. He can also be considered the philosopher whose ideas have had the most influence on the American and French Revolutions.

Under the feudal monarchies that existed prior to the introduction of this concept by Locke, the sovereignty enjoyed by the king was considered a divine right, a power derived from god. Locke presented his ideas at a time when the people in European countries were revolting against feudalism and the monarchical rule and the modern states had been emerging.

Locke was of the view that the people are the real owners of the sovereignty of the state and hence the sovereignty of the state is always subjected to the will of the people. He interpreted the constitution of a country as a “social contract” entered into between the rulers and the ruled. The legitimacy of the authority of the state i.e. the interrelation between the authority of the state to rule and the people to obey the state rule is made possible only if the ruling party abides by the constitution, the social contract entered into between the two parties.

Later, this liberal concept on state presented by Locke was further developed by Charles Louis Montesquieu (1689-1755) and John Stuart Mill (1806-1873).The two principles i.e. people’s sovereignty and the recognition of constitution as a social contract can be considered as two important tenets of the democratic political science.
Constitution making (18th century) 
It is with the fall of the feudal system giving way to a capitalist system that the modern nation states based on written constitutions begin to emerge. In this process, even at the early stages of the constitution making, the constitutions were drafted on the tenet that it was a contract between the rulers and the ruled and the sovereignty rests on the people.

The American Constitution, the first-ever written constitution, was drafted after the formation of the confederation of American colonies on 15 November 1777 by 13 colonies liberated from the British rule. It was adopted following a Constitutional Convention convened on 17 September 1787 in Philadelphia, Pennsylvania in order to resolve the conflicts that arose between the colonies. Seventy-three representatives, comprised of privileged elites from 12 colonies participated in this convention. The great statesmen of the calibre of George Washington, James Madison, Alexander Hamilton, Benjamin Franklin and James Wilson were among those present in this convention.

The drafting of the American Constitution took only 16 weeks. It consists of 7,000 words and seven clauses and it could be considered as the shortest written constitution in the world.

Even at the beginning of the French revolution, there was a move underway to abolish the feudal state and draft a constitution to establish a democratic rule in order to safeguard the freedom of the people and the rights of the common people to private property. The representatives of the “Third Estate” of the National Assembly of the French monarchical system consisted of the non-privileged classes of common people gathered in a tennis court in Versailles to adopt a new constitution.

By the orders of King Louis XVI, the meeting hall was locked up and the place was guarded, preventing them from coming out of the hall and forcing them to disband the meeting. It caused fear and shock in the people gathered inside. But, all of them took an oath to defy the threats and obstacles that may come their way and never to leave the hall until a written constitution had been drafted and adopted. This historic oath made on 20 June 1789 is referred to in the annals of French history as the “Tennis Court Oath”.

Subsequently, in the face of the solidarity of the Third Estate, King Louis XVI relaxed the harsh policies that he had followed up to then and allowed the clergy and the nobility to join with the Third Estate in the National Assembly.

Along with that it became a national level constituent assembly. The number of people gathered there at the time of taking the oath was 789. With the joining of the clergy and the nobility the number went up to 1,177. The most renowned  “Declaration of the Rights of Man” was drafted at this meeting. A radical constitution based on the freedom of the people was drafted. The time taken for this process was two years. The men were granted franchise and a direct voting system, people’s committee system for review of laws and an executive system consisted of 25 members were introduced.

However, in the face of the violent political atmosphere emerged in the country, Napoleon was invited to contain the situation. Consequently, Napoleon captured the power, transformed France again into a monarchical system and ascended the throne as the emperor of France. In this backdrop, the constitution drafted for the 1st Republic came to an end and was abandoned.
Constitution making (20th Century)
The present day constitution experts do not consider the constitution model adopted by the United States of America, France and the other European countries in the 18th century, as an appropriate model for the present. The legislative process of that time was focused on educated male elites. For example, the process of constitution making during that time did not involve black people or slaves. There was no involvement of women. It was then taken for granted that the male had the right to represent the female.

The problems that the 21st century states and their societies encountered could not be compared to be identical. The biggest problem to be solved by the European nations and the states that emerged in the 18th century after defeating the rule of dictatorial monarchies was to adopt a constitution conducive to the formation of a system of government that would safeguard the private property and the human liberty.

Emancipation from colonial rule, building of the nation after gaining independence, converting the colonial society into a free society to be compatible with the newly gained independence and adopting appropriate constitutions against a background of changing world conditions could be regarded as the biggest problems to be solved by the countries which remained under the colonial rule in 19th and 20th centuries. Even after gaining independence, most of the countries failed to build the modern nation and modern state. Consequently, during the 21st century, it became necessary to draw up new constitutions to introduce structural reforms to recreate the society and the state which had been rendered feeble and crippled in a welter of internal conflicts between diverse factions based on ethnic, caste, religious or language differences.

In this context, the countries and the states which had encountered a similar crisis in the 21st century were compelled to adopt an appropriate model to draw up a constitution that would provide a basis for all parties involved in the internal conflicts as well as the general public to participate in the process of drafting a constitution and the initiation of a public dialogue to reach a consensus in order to recreate the disintegrated society and the state , the fabric of which had cracked and reached the verge of collapse .

In the light of new experiments carried out in this respect, a situation arose in which the making of a democratic constitution to establish a democratic system of government was no longer considered a task to be confined and entrusted to a small group of social elites or the people’s representatives in the legislature. It became a democratic process owned and a participated actively by the people.

The knowledge of Sri Lanka in the sphere of constitution making is scant. Not only the general public, even the political leaders and the political parties have only a limited knowledge on the subject. Even the knowledge of the Sri Lankan experts on the subject is limited to outdated and archaic concepts. Their understanding of new concepts is negligible. Consequently, when they are involved in the process of constitution making, they tend to put everything into the old frame instead of adopting a new frame in line with the new concepts and the pressing needs.

The 19th Amendment which had led to a crisis, the unfinished constitution that Ranil Wickremesinghe had been drafting, offering privileges to the MPs for their support prior to he was ousted by the President and the 20th Amendment proposed by the JVP – all of these amendments which have already been drafted or being drafted can be considered the exercises based on outmoded old system.

The real problems that the Sri Lankan society and the state have encountered have not been taken into consideration in formulating these amendments. Consequently, prominence has been given for trivial and minor issues and not for the major issues. Just like the 19th Amendment, they can only add to the gravity of the present state of confusion.
Constitution making and the Law 
Article 25 of the International Covenant on Civil and Political Rights (ICCPR) has granted the people the right to participate in the conduct of public affairs in his or her country either directly or through freely elected representatives. At first, this right was not considered a right to engage actively in public affairs. But, in the course of time, by a number of internationally important Court rulings, it has been established as a right of the public to actively engage in the constitutional process.

The complaint made by the leaders of the Mi’kmaq tribal society of Canada to the Human Rights Committee that the Canadian government has seriously violated the fundamental rights of the people of their tribe by not involving them in the drafting of the first constitution of Canada, the proceedings of this case and the judgment given – (Marshal V Canada: Human Rights Committee Decision 1991) can be cited as one such important Court decisions.

The Human Rights Committee did not find that the Canadian government was guilty of the failure to invite representatives of the Mi’kmaq tribal society to the constitutional conferences on aboriginal matters, which constituted conduct of public affairs, as the government had given the opportunity for 600 aborigines belonged to four societies to actively engage in the process of drafting the constitution. But, in this judgment, the Human Rights Committee had unequivocally admitted the right of the people to actively engage in constitution making process without discrimination and without unreasonable restrictions.

The interpretation given by the United Nations Commission on Human Rights (UNCHR) Textual Authority on the right to engage in the conduct of public affairs as enshrined in the Article 25 of the International Covenant on Civil and Political Rights (ICCPR) can be considered an important interpretation having a special bearing on international law.

The Article 25 of the ICCPR while stressing the right of the citizens to engage in the conduct of public affairs emphasises that the public has a right of active participation on occasions when the citizens make demands for a change of their constitution. Accordingly, the right to engage in the conduct of public affairs can be considered as another constitutional principal that has entered into the scope of constitution making by expanding its horizon and the perspective.

The judgment given by the Supreme Court of Canada regarding the legality of an unilateral secession of Quebec Province from Canada is an important judgment that had made people’s participation an important determinant in a legal process of constitution making. The case was initiated in 1996 and the judgment declared in 1998.

This judgment can be considered an instance in which the right of the public to participate in the process of constitution making had been broadly and comprehensively interpreted. It clearly states that the people’s participation in a legal process of constitution making is an important determinant. According to this judgment no one can maintain a monopoly on truth and even at a time when the unity of a nation is in danger, the government has a responsibility to initiate a dialogue on constitutional issues.

Nicaragua, Uganda, Brazil, Rwanda and South Africa can be considered as the countries which had adopted their constitutions with an active public participation. Of these countries, South Africa offers the best and the most exemplary model. There, the ideas received from the people during the course of constitution making reached the mark of two million. I do not intend to deal with the lessons that Sri Lanka could learn from these five countries as it would make this article unduly longer than unnecessarily.
The path that Sri Lanka should choose
Regrettably, both the state and the society of Sri Lanka are in a putrid state. What the country needs today is not a superficial or deceptive change, but a true change that could effect a wholesome and far-reaching transformation in the overall picture of Sri Lanka. Unfortunately, the political leaders of the country and the representatives of the legislature are in a position in which they have completely lost integrity, wisdom and discipline, the essential qualities and prerequisites needed for making a good constitution capable of effecting such a transformation.

On the other hand, adoption of such a constitution will invariably deprive them of all privileges unduly earned and enjoyed by them; hence, there can’t be a true need or moral capacity in them to give the leadership for such a program.

However, there is no harm in getting them involved in the constitution making process. But the monitoring authority of the process should rest on the people. The ultimate sovereignty as per the constitution of the country rests on the people; they cannot be deprived of this power. If the constitution is acknowledged to be a contract entered into between the rulers and the citizens, then the people should have the right to become a strong party to the process followed in drafting the contract.

What has always happened in the past was that the Legislature which held the ruling power drafted the contract unilaterally and enacted it without getting it ratified by the people. This game should not be allowed to persist any longer. When the Legislature becomes one party to the making of the constitution, the public who possess the sovereignty should be the other party.

The Punarudaya Movement is of the view that if Sri Lanka is to be saved from its present predicament, it has to make a bigger effort than South Africa made in making an appropriate constitution for the country. I hope to discuss the mechanism of making a constitution and the elements that should go into the constitution in the next article.