Friday, January 11, 2019

O Democracy! What crimes are committed in thy name?

Within just 10 years of permanent peace, quality of life of the Sri Lankan populace has plummeted vis-à-vis actual gains – Pic by Shehan Gunasekara

Saturday, 12 January 2019

Copious amounts of what has to be construed as democracy administered broadly and expansively to drench a desperate, bewildered citizenry by a rotating leadership of confirmed crooks pregnant with hypocrisy and insincerity have in essence contributed towards a palpable feeling of delusion and disillusionment.
The war has ended; there remains no burden on defence budgets or allied infrastructure. The very thing that devoured a giant slice. Yet within just 10 years of permanent peace quality of life of the Sri Lankan populace has plummeted vis-à-vis actual gains.

Poverty alleviation processes hampered due to a multitude of economic ailments. The opposite sides of Somawathie’s palm, a mother of four kids moving drearily in unison with her dentured mouth muttering incoherently “I don’t know why”.

It seems someone had taken an open cheque for defeating terrorism at the expense of the people without transferring actual peace dividends to them, as it should have. The first blow to democracy. A huge chunk of the dough siphoned to ensure and entrench a perpetual dynasty even if that meant destitute Somawathie had to exchange the formidable US Dollar at Rs. 200 to purchase her requirements of bread, milk and other essentials for her family. The economic war kills more than the military one and most of us are blinded.

In his famous 1863 Gettysburg Civil War Address, 15th President of the United States of America Abraham Lincoln defined democracy “as a government of the people, by the people and for the people”. Implicit in Lincoln’s famous definition was the concept of responsive democracy. A responsive democracy characterised by three features:

(a) It allows citizens to choose their representatives in free and fair elections,

(b) It conducts policies that foster economic and social development and

(c) It has the capacity to maintain order and rule of law, and otherwise respects human rights and the democratic rules of the game.

How could a people expect responsive democracy from a bunch of irresponsible politicians whose only concern is to disentangle themselves from the long arm of the law for the many reprehensible acts, spew vituperative language, and engage non-issues as strategies of deflection until their time arrive in the musical chair to occupy it? This has been the tradition turning to be a showcased legacy.

Economics is everything. Somawathie wants to place food on the table for her family and if she is able to do that she does not care at all as to who is president or who is prime minister. Investor confidence dwindling in Sri Lanka and the urgency to maintain adequate level of external reserves whilst accommodating outflows to imports, debt servicing and the now routine “disorderly adjustment” will no doubt play out to be the adept juggler’s magic.

Moreover, the vicious blow to the rupee could have only come from something outside the realm of natural economics. It had plunged faster than an aircraft would in an emergency, a central feature to be monitored to avoid a certain calamity in Sri Lanka.

The adorable Mangala Samaraweera, the Minister of Finance and Mass Media, will have to do a lot of talking and convincing the purpled plutocrats in Washington and this time ensure the borrowed money remains very much within the economy extricating and ameliorating the economic condition of the people.

It seems the Sri Lankan intelligentsia had awakened to the evolving reality and are trying to respond to the scourge in spasmodic bouts but the pestilence manifests amazing resilience. The supposed sovereignty of the people bluffed, burnt and betrayed. The general political leadership bereft of notable and guided commanders accentuating gravely the unfolding malaise. A bunch of lowlife, self-serving, avaricious and criminal executioners has systematically perverted a system to serve themselves, committing atrocious crimes in the name of democracy.

Is democracy the best political system to govern and serve people? Time has come to proclaim this bold question? One is not born with an innate democratic instinct malleable to populist, libertarian and self-rule. On the contrary, man is born with a natural pre-disposition accepting the creator and his constitution. In this respect, democracy no doubt is an intrusion or should I say invasion.

Those in the creationist school would argue, “The creator will not create without a solid governing manual”. Just as a Ford engine would not fit into a Toyota vehicle democracy even in liberal, copious amounts will not elicit the higher ideals why man was created.

Founding fathers of the United States of America, which is the bastion of democracy today, struggled to decide the true efficacy of democracy. Some founding fathers seemed to be pro-democracy while others did not favour as much. Those like George Washington, Thomas Jefferson, and John Adams did not know exactly what the new nation needed.

In an 1807 essay, John Adams cautioned about the aspirations of men. According to Adams, democracy allowed men to satiate their base and unjust desires at the expense of the masses. He didn’t believe the government could control men that had already been corrupted, suggesting that: “Democracy, will soon degenerate into an anarchy, such an anarchy that every man will do what is right in his own eyes, and no man›s life or property or reputation or liberty will be secure and every one of these will soon mould itself into a system of subordination of all the moral virtues, and intellectual abilities, all the powers of wealth, beauty, wit, and science, to the wanton pleasures, the capricious will, and the execrable cruelty of one or a very few.»

John Adams always had a lot to say about democracy. In an 1814 letter to John Taylor, Adams bashed what he believed was a flawed structure. He wrote: “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.”

Cold-blooded murder, irreversible mayhem, scaring larceny, outright felony, automated mendacity and more are striking hallmarks of Sri Lanka’s democracy. There seems to be no end to this. Mother democracy, if I am permitted to use this endearing phrase, has received many a blow and cavalier bludgeon, she limps along. It’s a strange phrase. Mother democracy? The supposed loving mother telling nations to embrace her for political salvation and emancipation. She may not be unfaithful in her invitation but most of her children corrupt and scandalous.

She is old, senile and ailing. Mother democracy quite fecund in her hay days. Not that she fell ill due to old age but was subject to brutal ill-treatment, traumatic victimisation, violent abuse and her rights consistently desecrated. None acknowledges the collective felony nonetheless continue to feign profuse love and affection.

Even in her frail condition, she remains firm. Debilitating abuse had not squandered her resolve to engender filial love close to 100 children. The US being her eldest had vouched sacrosanct devotion sanctimoniously or otherwise. Everything the US does in her name even if it means killing 500,000 Iraqi children to proselytise its people considered morally right. Former Secretary of State Madeline Albright said it best. Deaths of half-a-million Iraqi children from the US and UN sanctions on Iraq were “worth it”. She was referring to eliminating such a large number of children.

Beginning of the 21st century and in less than 150 years the noble, patrician and poignant essence of democracy were all but eviscerated. George W. Bush and his fellow imperialist Tony Blair were on the front foot exporting democracy to a part of the world who were fundamentally had a time understanding Islamic rule. The US war in Iraq was supposedly a part of an attempt to spread “democracy” to the Middle East.

What the world did not know was that the plutocrats and neo-liberal goons were busy entrenching conduits and tightening the screws to syphon via Halliburton and other vultures the wealth of the Iraqi people. Soon it became apparent that all pontification about democracy was just an eyewash. A cleverly crafted plan to camouflage sordid realities. Mother democracy understood the interlaced evil but could not do much to subdue the machinations of her eldest son.

On the other side of the world, in the aftermath of World War II, Stalin had the Soviet Union gobble up nations of Eastern Europe; he christened them People’s Democracies — although they were neither democratic nor meant to be. This debasement of “democracy” and other noble terms such as “freedom” and “peace” were nothing but crude propaganda. One could understand now why George Orwell in 1984 portrayed a nightmarish society in which words were turned inside out to justify policies of cynical and unscrupulous rulers.

News of the health of Mother Democracy deteriorating fast. News reaching us is that she is in a comatose condition and in an undisclosed hospital in Washington. Some of her other children closest to her namely Vladimir Putin of Russia, Abdel Fattah el-Sisi of Egypt, Nicolas Maduro of Venezuela, Yoweri Museveni of Uganda doting children no doubt wanted her transferred to a hospital in one of their countries.

A little birdy whispers a combined request by both current and ex-Presidents of Sri Lanka Maithripala Sirisena and Mahinda Rajapaksa respectively fell on deaf years. Donald J Trump had nothing of that. Stakes were high for him. Her survival meant better prospects for him in 2020.

PROTEST AGAINST ‘UNETHICAL MEDIA PRACTICE’ OPPOSITE ALL MEDIA INSTITUTIONS

11/01/2019

Progressive organizations, artists and civil society activists carried out a silent protest campaign opposite all print and electronic media institutes against the unethical media practice in the country today and handed over a document to media institutions.

Among the organizations that took part in the campaign were Women of Sri Lanka, The New Wings, Aluth Parapura, Voice of the Winds, Shining Heart, Butterflies for Democracy, Professional Web Journalists’ Association, Sadhu Janarava, Rise Up Sri Lanka, Film Directors’ Association, Family of the Disappeared and Lawyers for Democracy.

The document they made available to media institutes: Media Owners, and Journalists,.
We are watching you!

It has fallen upon us to remind you of media integrity and values once again, due to the non-constitutional and un-democratic conspiracy that happened on 26th October last year in which you actively played a part. We consider that incident clearly as a deterioration of media values, which were disregarded when reporting on the coup’s events. This type of reporting is not a new trend, but your reaction to the events of 26th October reflects the extent to which you can be insensitive and illogical.

You have compromised the common belief of media being unbiased and democratic by engaging in biased, partial reporting while propagating illegal activities. We would like to remind you, media personnel, that you are privileged and benefited by the frequency which is a property of common people of this country. The public possesses the power of questioning you. As rightful citizens, we would like to remind you of few facts where you have overshadowed that right and to tell you again how you should uplift the image and quality of the media.

Truthful Reporting

It is vital to engage in truthful reporting and take accountability on what is being broadcasted. For instance, a particular media house has reported the Supreme Court’s decision to overturn the President Maithripala Sirisena’s decision of dissolving the parliament as the Supreme Court overturning the President’s decision for a General Election. This cannot be considered as fair reporting but a conscious distortion of the truth. Several other similar reports were noted during that period which influenced the readers and the audience.

Independence

Commercialization of media institutes enforces the fact that media institutes are misguiding the expectations of the general public while attempting to satisfy your political agendas and financial greed. It is not a secret that your intentions are not what the common people need. Even though you are not capable of reporting both party’s views, it is your obligation to engage in unbiased and fair reporting on behalf of the public.

Do No Harm

We have been suffering from violence during 30 years of civil war as a result of unruly political games and racial disparity propagated by various governments. You have a responsibility to eliminate the messages triggering racism, which have been nurtured by political parties to serve their own interests. Why propagate racism with your reporting, and not attempt to build reconciliation among Sinhala, Tamil, Muslim and other ethno-religious groups?

It is obvious that you do not have accountability towards the victims you report on. The homicide incident of a young boy killing another in Matara, for an example, is vividly reported in the media without considering the harmful impact those graphics and images will have on many viewers. Most reporting does not respect the identity of individuals be they children, women, members of the LGBT community, those coping with mental health issues or victims of violence.
Accountability

A meaningful media is accountable to the people. Media institutes should be accountable for a society where everyone is treated fairly, rather than following agendas of a minority and always seeking financial gains.

The existence of media institutes is dependent on the inalienable democratic right of freedom of speech. However, rarely does a media spokesman differ from a puppet of an undemocratic government if that person supports such undemocratic acts. Your information is only valued if you give a credit to your profession and attempt to protect democratic values. We would like to remind you that your media license does not give you the power to manage the country’s politics. Therefore, it is your responsibility to create a dialogue on the values and rights of all citizens; this must be protected within your profession. We will be watching you!
Lanka Truth.

A Budget Proposal: An Essential Reform For Macro Economic Advancement

By Chandra Jayaratne –JANUARY 12, 2019

Chandra Jayaratne

This submission, of essential national macro-economic value, is being made for consideration to be implemented as a part of the 2019 Budget Proposals, due to be presented on 5th March 2019.

In positively advancing the macro-economic value of the country, and at the same time, mitigating potential economic risks, it is proposed that with the objectives of:

– Minimizing the wrongful and improper use of foreign exchange,

– Minimizing the opportunities for engaging in transfer pricing, in violation of applicable Inland Revenue Regulations

– Minimizing opportunities for trade based money laundering,

– Minimizing the leakage of state revenue by tax avoidance, and

– Minimizing the options available to related parties and parties with conflicts of interests in depriving minority shareholders and other stakeholders of businesses, of their due share of profits and wealth created through business operations

that all business entities domiciled and operating in Sri Lanka, be required to compulsorily be subject to the transfer pricing regulations of the Commissioner General of Inland Revenue, covered by the gazette dated 25 March 2015, whereby such entities are required to duly establish, that all transactions are at arm’s length and for due market value; and to support due compliance of same, with transparency, that required disclosures in the Annual Report and Accounts be made and be further supported by the submission to the Inland Revenue Authorities of certificates from approved accountants and directors; all as set out in the aforesaid regulations, where the during any financial year, the entity concerned engages in the following transactions, at levels exceeding the limits noted hereunder;

– Inward remittances of Professional services fees, royalties or Technical /Advisory or Other Professional Service fees, Intellectual Property related payments, dividends and Joint venture profit shares etc, exceeding USD 0.5 million (may be enhanced to USD 1 million in 4 years time)

-Payment of Royalties, Intellectual Property related payments, Technical /Advisory or Other Service fees exceeding USD one million (may be enhanced to USD 2 million in 4 years time)

-Payment of Dividends or Joint Venture Agreements based profit shares or other profit distributions exceeding USD 2.5 million ( may be enhanced to USD 5 million in 4 years time)

-Imports of goods or services exceeding USD ten million (may be enhanced to USD 20 million in 4 years time)

-Exports of goods and services exceeding USD twenty five million (may be enhanced to USD 50 million in 4 years time)

In addition, regulations should be issued preventing the use corporate credit/debit cards and similar facilities, in the commercial import of goods or services for trading or business purposes. In addition, Customs Regulations should prohibit the clearance of goods imported in commercial quantities, based on transactions made via Corporate Credit/Debit Cards or similar facilities.

Kindly note that these recommendations have been developed taking cognizance of the following:

– The current and future challenges in external sector and in external debt management,

-The references in the section titled “Foreign exchange management” in the Road Map – 2019 Monetary and Financial Sector Policies for 2019 and Beyond presented by the Governor CBSL,

-The Financial Action Task Force classification of Sri Lanka as high risk jurisdiction with a ‘Gery Listing’

– The reported and purportedly believed findings by law enforcement and revenue authorities, in their investigations in to and validations connected with money laundering, misuse of foreign exchange, and violation of Customs regulations etc,

– The research findings that the informal economy of Sri Lanka is significant and growing,

– Under valuation of imports and over valuation of exports and the use of tax free remittance options leveraged by organized criminals for trade based money laundering,

– Large scale organized smuggling of currency, precious metals and gems, believed to be taking place and Sri Lanka being a recognized transit point for narcotics and dangerous drugs,

– The published significant case studies on money laundering and transfer pricing identified in other similar jurisdictions,

– The recent decriminalization of foreign exchange offences in Sri Lanka and the verily believed rationale that high level capital flight out of the country is a significant risks with the freer operation of capital and current account transactions

Sampanthan: General election not needed to introduce a new Constitution

By Saman Indrajith-January 11, 2019, 11:01 pm

The new constitution should be passed in Parliament and taken before the people at a referendum and the people would decide whether it should become the supreme law of the country or not, and one did not need a general election for that, said TNA Leader R. Sampanthan in parliament yesterday.

The TNA leader said that framing of a Constitution was a sacred duty. A resolution was passed in parliament converting parliament into a constitutional assembly to enable a constitution to be framed, a steering committee was appointed, seven sub committees were appointed and they had deliberated and all parties had participated in the deliberations before the steering committee and the sub-committees. "The objections that have been raised today were never raised before any one of those committees and now we have come to a stage where after almost three years of deliberations certain reports have been submitted to the house to decide what further needs to be done," he said, adding that he felt it should be approached with a certain amount of sanctity and seriousness and not flippantly.

"I am sorry to observe that some of the submissions made this morning by the opposition have been flippant, lacking in seriousness lacking in sanctity in keeping with the fact that we are endeavouring to promulgate a new constitution for the country which has been long called for. Sri Lanka is a multi-ethnic, multi-lingual multi-religious and multi-cultural pluralistic society. Different races and religions live in this country and have lived for centuries and generations. We need to keep them united and all the people living in the country, irrespective of who they are, be it Sinhalese, Tamil, Muslims or Burghers, must have a sense of belonging to this country and that this country belongs to them and that they are one people. There must be unity in diversity. That is the objective in framing this constitution, to unite the people and bring them together, which we have not been able to do until now. We have not been able to constitute a Sri Lankan nation. For the reason that we have been divided, we have been dis-united. This constitution is intended to unite the people, to bring them together and enable them to feel that they all belong to one country and that the country belongs to them," he said.

Sampanthan pointed out that there were certain other advantages, apart from unifying and bringing the people together, which could be achieved under the new constitution through power sharing arrangements. "At the regional and provincial level, governance is not visible. Governance has to be more visible because then people can see what is happening. As a result of all power being kept in Colombo there is a great deal of waste and corruption, all of which can be eliminated if power is exercised at the regional and provincial level.

"There are people in this country who think they are patriotic, but I don’t think they are patriots. They are pseudo patriots who arouse chauvinism amongst the majority people to continue to be in power. It is my view that there is a symbiotic relationship between pseudo patriotism and corruption. People who have been downright corrupt when they were in power and have swindled this country. This country has been impoverished by their actions and how can such persons be patriots? How can such persons be those who advocate something really good for the country? To them, patriotism is a shield for corruption," he said, adding that it was another reason why power should be devolved and exercised at the provincial or regional level.

He noted that the new constitution should be approved by a two third majority in parliament and taken before the people at a referendum and they would decide whether the bill should become the supreme law of the country or not.

Why do we need further constitutional reform?

Separation of Powers – Judiciary not a check on power

Ravi Ratnasabapathy-Saturday, January 12, 2019

Part III

Given the importance of laws in curbing power even two chambers is not a sufficient safeguard. Therefore citizens should have the right to challenge laws in the courts. The following must be dispensed with:

Article 80(3) prevents the people from challenging provisions in laws that have been enacted by the legislature.

Article 35(1) – (3) of the Constitution of Sri Lanka conferring immunity upon the President from civil or criminal proceedings.

Power of the president to pardon any offender (Article 34) undermining the judiciary. In effect, associates of the president able call on his/her goodwill may be above the law. Article 89 disqualifies criminals from standing for office but the President may overrule this under article 34.

Until the 19A all Supreme Court judges were appointed by the president, making the courts beholden to that office. The 19A restored this power to an independent commission. Steps to strengthen independent commissions are discussed in more detail below and the general remarks also apply to the judiciary.

Recommendations to strengthen the Judicial Services Commission

Clear criteria for selection of judges and a rigourous recruitment process based on competitive exams.
Standard criteria for promotion of judges based on merit and seniority.

Disciplinary procedures and standard criteria for removal of judges.

Initial and on-going training on new methods, laws, and related areas of knowledge including mandatory training in international human rights law.

Limiting coercion and delivering justice: controlling the police and attorney general

Rights are granted by laws but their enforcement depends on the system of justice. It must protect the rights of citizens against infringement by others, including the government and the powerful.
The police maintain the law, protecting people and their property, preventing crime. Courts provide redress for wrongs. The Attorney General prosecutes crime.

Sri Lanka system falls woefully short, according to the ICJ “efforts to seek justice are frustrated by investigative, prosecutorial and judicial lack of independence, impartiality and capacity, all of which continue to contribute to a pervasive culture of impunity within the system”.

Police

To provide security and maintain the rule of law the police are given special powers: to arrest and detain and the power to use force. This monopoly on the use of force place the police in a unique and sensitive position within the democratic State. Adequate control mechanisms are required to ensure that these powers are consistently used in the public interest. Risk of misuse include: police brutality, deaths in custody, torture and ill-treatment, extrajudicial killings, enforced disappearances and excessive use of force, including in cases of demonstrations.

Controls include:

Laws specifying functions and powers of the police (in line with international human rights laws).
Operational procedures/instructions that reflect the spirit and letter of the law.

Complaints mechanisms, both to police leadership and external bodies.

Procedures on dealing with misconduct, disciplinary and criminal, overseen by an independent body.
Proper training, basic and on-going.

For example, the UK police are subject to the Police and Criminal Evidence Act 1984, which set the powers of police on matters of stop and search; entry, search and seizure; arrest, detention and the questioning of suspects. Failure to follow these rules can result in failures to secure convictions because the courts render inadmissible any evidence which has not been fairly obtained. Codes of Practice created under the Act govern cautioning procedures, identification parades and a range of other responsibilities. Breach of the codes is admissible in evidence in criminal or civil proceedings against the police.

Separately the UK has a Human Rights Act, requiring all public bodies to respect human rights. They may be taken to court for failure.

Recommendations

Sri Lanka’s Police Ordnance of 1865 needs to be replaced by something on the UK lines along with standard codes of practice.

Sri Lanka needs proper legal protection for human rights. Currently human rights have weak protection under the (circumscribed) fundamental rights chapter, the ICCPR Act, No. 56 of 2007 and the Human Rights Commission.

Article 15 of the constitution restricts fundamental rights in for a variety of reasons including parliamentary privilege, Contempt of Court, defamation. Article 16 allows any pre-existing laws to prevail notwithstanding inconsistency with fundamental rights, effectively limiting its application.

The Sri Lankan ICCPR Act makes a mockery of the International Convention on Civil and Political Rights. It contains only four main substantive rights-conferring provisions (compared to the 20+ in the international act) and these too in abridged form.

“The Sri Lankan bill of rights is incomplete and structurally incoherent.” (Welikala and Edrisinha)
Therefore, repeal articles 15 and 16 of the constitution, amend the ICCPR act in line with international practice and consider a new human rights act.
Attorney General’s office (AGO)

The Attorney General’s Office’s (AGO’s) must be willing to pursue prosecutions independently, even against other state actors and courts must ensure fair and timely trial.

In Sri Lanka, the Attorney General is the Chief Legal Advisor to the Government and appears on behalf of the Government or its agents in any Court or Tribunal. It is also the chief prosecutor, which creates a conflict of interest where the state or its agents are involved. The ICJ notes “a lack of will to prosecute State actors in human rights cases, particularly those relating to the conflict”.

The practice of drawing judges from the AGO creates a further conflict: “the judiciary has an entrenched institutional loyalty in favour of the executive”.

Recommendations

Create an independent Director of Public Prosecution (DPP) to handle all prosecution. The police should no longer prosecute but confine themselves to investigation. The AGO should be limited to acting as advisor to the government.

The UK Royal Commission on Criminal Procedure, looking at the role of the police as prosecutors, the Commission found that a police officer who carries out an investigation, inevitably, and properly, forms a view as to the guilt of the suspect. They felt, however, that without any improper motive the officer may then be inclined to shut his mind to other evidence which undermines that view or overestimate the strength of the evidence gathered. In the absence of effective oversight, there was also greater opportunity for police corruption.

The DPP must be governed by a code of practice that sets out principles on which to prosecute. One of the most important tasks is to review the evidence in the file in order to decide whether it justifies the charge laid by the police, applying criteria set out in the Code of practice. They must determine if evidence is sufficient, reliable, credible and if prosecution is in the public interest.

The practice of drawing the judiciary from the ranks of the AGO or the DPP should cease.

Limiting coercion by the bureaucracy

The administrative machinery is, for many citizens, the only ‘face’ of the state that they experience. As it is responsible for the delivery of basic services it wields real power over the lives of ordinary people.

Lack of information - on regulations, compliance procedures; insistence on meaningless procedures, unjustified fines or burdensome inspections that violate an agency’s own protocols are examples of bureaucratic oppression-actions that impose unnecessary and harmful burdens on citizens. These stem from poor organisational practices and the attitudes of officials. Although all citizens suffer, minorities and the poor are more frequent victims.

More sinisterly, political opponents may be persecuted using particular provisions.

For example, the Inland Revenue Department is known to have ‘raided’ opposition politicians during the election in 2010. Instead of impartial tax administration, the powers of the department were being abused, turning it into a tool for harassment. Similarly, the immigration department has revoked visas of journalists and aid workers without warning.

The administrative machinery needs to be neutral, delivering services without discrimination. Politicians are inevitably subject to short term and selfish pressures so the administration must be insulated from political pressure. The careers of the staff should not be dependent on politicians but vested with independent commissions, which must control recruitment (on merit, based on competitive exams) promotions and transfers. Politicians should not be able to appoint cronies, punish or reward officials. Independent mechanisms should handle complaints.

The 1978 Constitution originally vested in the President the power of appointing several “independent” commissions including the Public Service Commission, the Judicial Service Commission, the Bribery Commission, the National Police Commission and the Human Rights Commission.

The 19A removed that executive power. The President still appoints people to these and other independent commissions but only those recommended by the Constitutional Council. In establishing the Constitutional Council, the President is entitled to appoint five members, but is required to accept the nominations of the Prime Minister and the Leader of the Opposition.

The problem is independence will not change the staff or practices of the bureaucracy overnight. Some staff will be political appointees only familiar with executing political directives and may continue to do so out of habit or loyalty. A set of general recommendations follow.
Recommendations (for all institutions)

Independent complaints mechanisms to check malpractice.

Develop Standard codes of practice and staff training to ensure work is carried out fairly and impartially.

Regular reviews of procedures, simplifying and standardising rules, increasing the use of electronic and web-based platforms.

An overarching civil service code which sets out the standards of behaviour expected of bureaucrats.
Parliamentary Ombudsmen tasked with ensuring that the administration acts impartially and respects citizens’ constitutional freedoms. Acts on the basis of complaints from the public on central government agencies, municipal agencies, and other public institutions.

The substance of democracy lies in systems of checks and balances; the division of power and processes to hold those in power accountable. Although not comprehensive, the foregoing highlights some serious shortcomings in Sri Lanka. Citizens should press political leaders to address these issues, the ongoing political crisis underlines urgency for further reform.
Concluded

No room for a division of the country in the new constitution, Sri Lanka PM emphasizes

PM Ranil Wickremesinghe leaves for Vietnam

Fri, Jan 11, 2019, 10:22 pm SL Time, ColomboPage News Desk, Sri Lanka.

Jan 11, Colombo: Sri Lankan Prime Minister Ranil Wickremesinghe on Friday emphasized that no room will be left for any proposal to divide the country and the foremost place would be given to Buddhism in the new constitution.

Presenting report of experts on drafting a new Constitution today, the Prime Minister stressed that the proposed new Constitution will not have any negative implications on the priority granted to Buddhism and the unitary state of the country.

The Prime Minister today presented the report prepared by the Panel of Experts for the Steering Committee, which is based on the Interim report, six sub-committee reports and representations made by political parties on drafting a new Constitution to the Constitutional Assembly
Rejecting allegations by the Opposition, Prime Minister Wickremesinghe said the divisions within a country were not a concern and politically destitute people are trying to make such claims as today they have no other topic to talk about.

He added that it is unlikely that there is anyone who wants to change the 9th Article regarding Buddhism was included in the 1972 Constitution by the committee led by Former Prime Minister Dudley Senanayake

The Prime Minister said opinions of all parties will be considered and the report presented today consists of proposals made by all parties including the chief ministers of provinces. He said that it was up to Parliament to take the process forward.

He rejected the claims made by the opposition led by former President Mahinda Rajapaksa that the new constitution will give into the demands of Tamil minority separatists.

He said a unitary state concept has been accepted by many and there are varied opinions and those must be discussed. A federal state concept does not exist and they must decide on power devolution in a unitary state.

"There is no federal proposal in this. All have accepted the unitary character, although they may have different views on its terminology," he said.

The Prime Minister said further discussions are necessary pertaining to the matter of the Executive Presidency. The abolishment of the Executive Presidency must not be discussed, as there is nothing that will lead to divisions or that will dilute the status of Buddhism. He stressed that the UNP is clear that the new Constitution should protect these two facts.

The Premier said there is nothing negative in the process. However, the report is now vested with the Constitutional Assembly and the Assembly will decide on what needs to be done.

The Prime Minister stressed that all parties must take the process forward with a debate on the report. However, No date was fixed for the debate.

Sri Lanka: Report on constitution proposals tabled

On fragile terrain: Sri Lankan PM Ranil Wickremesinghe.

Move enables a discussion in Sri Lanka’s Constitutional Assembly before preparing a new draft

Meera Srinivasan
-JANUARY 11, 2019

Prime Minister Ranil Wickremesinghe on Friday tabled an experts’ report on the proposals to draft Sri Lanka’s new Constitution at the Constitutional Assembly sitting held in Parliament.

The move enables a discussion in the Constitutional Assembly, which in turn could help authorities present a draft of the Constitution in Parliament in the coming months, according to legislators.

Once debated in Parliament, the draft would have to be passed by a two-thirds majority in the House, and later endorsed by citizens in an island-wide referendum.

Political solution

The Tamil National Alliance (TNA), the main political grouping of minority Tamils of the north and east, has been at the forefront of a campaign for a new constitution that its legislators, say, could pave way for a political solution to Sri Lanka’s national question.

Pointing to the government’s pledge to enact a new Constitution which, among other things, promises to devolve more powers to all provinces, including in the north and east, the TNA has underscored the need to expedite the process.

However, as the government stepped into the fifth and final year of its term this week, that too after a political crisis that left the country without a legitimate government for nearly two months, the national political terrain remains fragile. With few signs of the power struggle between President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe having been resolved, and the resistance to some proposals from sections in the south and north, enacting a new Constitution appears a challenging task.

Apart from its delayed process of drafting the Constitution, the government came under sharp attack on Thursday on the accountability front, when TNA parliamentarian M.A. Sumanthiran accused it of being “complicit” with the former Mahinda Rajapaksa regime in “covering up” crimes.

War crimes

He raised the issue in Parliament in the context of slain editor Lasantha Wickrematunge’s 10th anniversary observed recently.

While perpetrators had not been brought to justice in the high-profile case, investigators were yet to begin probing even one of the several killings of Tamil journalists in the last decade, he noted.

Pressing for international investigations into war crimes, he said that if politicians in the south had no fear, then they would be willing to face any tribunal.

Since the war was waged by the Sri Lankan armed forces against the rebel Liberation Tigers of Tamil Eelam, an arm of the Sri Lankan state must not investigate the crimes, he argued, underscoring the need for a "neutral umpire".

Lake House Management Refuses To Overturn Nearly 40 Coup Appointments

Krishantha Cooray

JANUARY 11, 2019

The new management of the Associated Newspapers of Ceylon Limited (ANCL) has approved 40 illegal appointments and transfers made by the fake government, Colombo Telegraph learns.

Among them are trade unions activists affiliated with the Sri Lanka Podujana Peramuna (SLFP) and the Sri Lanka Freedom Party (SLPP) who supported the constitutional coup and the fake government.

The appointments were ordered by the “illegal” management of the company, headed by Wasantha Priya Ramanayaka, the Media Director of President Maithripala Sirisena who was appointed the Chairman of Lake House by the fake government.

The UNP repeatedly stated that the appointments given by the fake government would be deemed illegal and be duly overturned under a legal government led by the

UNP.

Nearly a month after establishing UNP-led “legal government”, the management of the Associated Newspapers of Ceylon Limited (ANCL) has failed to overturn the illegal appointments, promotions and transfers.

When contacted by Colombo Telegraph, a Deputy General Manager of the company confirmed that the new management, headed by Sirisena ally Krishantha Cooray, has not overturned the new appointments and the transfers.

The Deputy General Manager added that he was not aware of the reasons for the new management’s inaction on the appointments given by the 51-day administration.

Malcolm Ranjith’s mouth shuts when it should open and opens when it should shut

Thursday, 10 January 2019

“To learn to speak up when you are expected to do so and be silent when uncalled is a simple commonsense art that comes naturally to ordinary folk. Persons in dignified positions of society are measured by the people along a scale of following this rule.”

High office

Our Cardinal Malcolm Ranjith holds the highest office in the Catholic Church in our country. By virtue of his position, he holds a direct link to the Holy Sea at Rome. I get the instinct that this gentleman isn’t conscious of his eminent position and doesn’t bear the required dignity of being its incumbent.

The silence

Along with other similar religious dignitaries, the broad civil community in our country looks up to persons of his eminence to give leadership in voicing opinion, warning, and advice during times of national crisis. However, Cardinal Malcolm Ranjith didn’t see any reason to open up, as all others did, when Maithripala Sirisena, President of our country, put the island into a total mess and instilled shock and scare into the populace by violating the Constitution once, twice and three times; appointing a rogue government and sending the legitimate Prime Minister home – foreshadowing a dictatorial State by conspiring with the defeated regime. Even previous to this, our Cardinal never uttered a word on every tragic happening under the watch of Mahinda Rajapaksa. He should represent Jesus Christ who is a beacon of social justice and decency. He should follow the role models of the current Pope and the previous one. On the other hand, recently, we see the Cardinal butting in and needlessly attacking Western countries for interfering in Lankan matters. God knows why he did that at this point in time.

‘Western power intervention’
The Cardinal’s speech at a book launch for Rev. Banagala is out circulating in video all over the world. Listeners are bemused and I am amused. The Cardinal gets nasty social media comments and this should not happen. Naturally, would this happen when he humbugs about Western power intervention at a mere book launch totally unrelated to the subject of the book. How did Western conspiracy to divide our country come in at this moment in time? There isn’t any such issue at all in public discourse right now. Only Wimal Weerawanse can talk off the tangent as our Cardinal did that evening in Colombo. As indicated above therefore, Malcolm’s intervention was over a non-event. Malcolm Ranjith did have in the past many a desperately needed moment to intervene, which he avoided in silence. To save him discomfort I will not enumerate them.

Untruths

Malcolm Ranjith has uttered untruths at the launch. He stated that Buddhism is like a big tree and that his religion and other religions are harmoniously coexisting on the branches. This is an utter untruth and even a school kid knows that. Christian evangelists are being charged by Buddhists over alleged attempts to convert. Some Buddhist extremists have burned down such churches sparing the devotees inside. Bodu Bala Sangamaya and the Ravana Balavegaya, spurred allegedly by Pohottu guys, have pounced on Muslim mosques many a time and burnt them down. In the Kandy District Muslim villages and towns were torched just last year. Is that the perfect co-existence you talk of (Lassanata ekamuthuwen jeewathwenawa) Cardinal?

Isn’t that a lie also with reference to broader inter-community relations? If the different people in Sri Lanka live so harmoniously eating mangoes from the same tree why did the thirty-year war take place – destroying the whole economy and destroying so many lives and billions worth of property?

Cardinal Malcolm Ranjith

In fact, the critical problem in our country is that its different peoples cannot regard themselves as one. Extreme Sinhala nationalists think that Sri Lanka is a Sinhala Buddhist country and that other groups have to live in sufferance of that ‘reality;’ one stupid guy in London called Wimal argued that “minorities are our visitors.”

‘Buddhism superior’

Malcolm Ranjith stated at this point that more than any other religion Buddhism teaches us to live in harmony. He has let down Christianity here by a relative comparison, which is both unnecessary and false. Buddhism and Christianity equally call for harmonious living. Isn’t he acting demeaningly here to gain popularity points before a dominantly Buddhist audience? Isn’t that cheap? Should the highest dignitary of the Catholic Church in Sri Lanka behave so cheaply? Furthermore, isn’t he also underestimating the intelligence of both Rev. Banagala and his audience who can smell instantly that the Cardinal was trying to pull their legs?

Human Rights
As far as I know the only situation where Western powers have been intervening In Sri Lanka is on the subject of alleged war-time human rights violations. Doesn’t the Cardinal understand that human rights violations are an accepted provocation for international intervention? He cannot be ignorant of that as it is pretty much a common experience today all over the world. Whether Western powers are acting hypocritically here is a different issue altogether. After the Holocaust, global opinion has actively shifted sharply toward the protection of human rights of individuals – wherever they occur. At the point of human rights violation a nation ceases its rights to sovereignty. That is how it should be.

Remember how this Cardinal pontificated some time ago that there is, in fact, nothing called human rights? If a future BBS-type government puts the Cardinal on a burning stake due to his Christian faith, would he not resort to international intervention over a serious HR violation? Would he then tell any Western power to keep off and let him live harmoniously on the mango tree? Or allow him to hang smiling and stoically on the burning stake?

Golden Rule

To learn to speak up when you are expected to do so and be silent when uncalled is a simple commonsense art that comes naturally to ordinary folk. Persons in dignified positions of society are measured by the public along a scale of following this rule.

I am afraid, I can give the Cardinal just 3 plus on a scale of ten.

(The writer can be reached via sjturaus@optusnet.com.au.)

Parliament

‘People will decide whether Constitution should be country’s law’

Disna Mudaligem Camelia Nathaniel and Amali Mallawaarachchi-Saturday, January 12, 2019

The Constitution should be passed in Parliament and taken before the people for a referendum, while the people, will decide whether the Bill should become the supreme law of the country or not and one does not need a General Election for that, said TNA Leader R. Sampanthan in Parliament yesterday.
He noted that framing of a Constitution which is the supreme law of the country, is a sacred duty. A resolution was passed in Parliament converting Parliament into a Constitutional Assembly to enable a constitution to be framed, a steering committee was appointed, seven sub committees was appointed and they have deliberated and all parties have participated in the deliberations before the steering committee and the sub-committees. “Objections that had been raised today, were never raised before any one of those committees and now we have come to a stage where after almost three years of deliberations, certain reports have been submitted to the House to decide what further needs are to be done,” he said, adding that he feels this should be approached with a certain amount of sanctity and seriousness and not flippantly.

“I am sorry to observe that some of the submissions made this morning by the Opposition have been flippant, lacking in seriousness, in sanctity in keeping with the fact that we are endeavouring to promulgate a new constitution for the country which had been long called for. Sri Lanka is a multi-ethnic, multi-lingual multi-religious and multi-cultural pluralistic society. Different races live in this country and have lived for centuries and generations. We need to keep them united and all the people living in the country, irrespective of who they are, be it Sinhalese, Tamil, Muslims or Burghers, must have a sense of belonging to this country and that this country belongs to them and that they are one people. There must be unity in diversity. That is the objective in framing this constitution, to unite the people and bring them together, which we have not been able to do until now. We have not been able to constitute a Sri Lankan nation. For the reason that we have been divided, we have been dis-united. This constitution is intended to unite the people, to bring them together and enable them to feel that they all belong to one country and that the country belongs to them,” he noted.

Sampanthan pointed out that there are certain other advantages, apart from unifying and bringing the people together, which can be achieved under the new constitution through power sharing arrangements. “At the regional and provincial level, governance is not visible. Governance has to be more visible because then people can see what is happening. As a result of all power being kept in Colombo, there is a great deal of waste and corruption, all of which can be eliminated if power is exercised at the regional and provincial level.

There are people in this country who think they are patriotic, but I don’t think they are patriots. They are pseudo patriots who arouse chauvinism amongst the majority people to continue to be in power. It is my view that there is a symbiotic relationship between pseudo patriotism and corruption. People who have been downright corrupt when they were in power, have swindled this country.This country has been impoverished by their actions and how can such persons be patriots? How can such persons be those who advocate something really good for the country? To them, patriotism is a shied for corruption,” he said, adding that this is another reason why power should be devolved and exercised at the provincial or regional level.

He noted that this constitution should be approved by a 2/3rd majority in Parliament and taken before the people in a referendum and they will decide whether this Bill should become the supreme law of the country or not..

Nobody wants foremost place given to Buddhism taken away:Hakeem

No one wants the foremost place given to Buddhism taken away, but there is no harm in adding a few words that would ensure that other religions too in the country, would continue to enjoy the freedom they currently enjoy which has been enunciated in our Bill of Rights Chapter, said Minister of City Planning, Water Supply and Higher Education and SLMC Leader Rauff Hakeem, during the Constitutional Assembly meeting in Parliament yesterday. “That is all we wish for, nothing more and nothing less.”

Noting that the government is embarking on a very solemn exercise, he added that it must be understood that amending a constitution would mean that we would have to present a Bill which in the long title would describe it as a Bill to amend or to replace a Constitution. Today, what has been placed before the house is not such a document and these are all documents to be considered by the assembly, to formulate a Bill later on to replace or amend the Constitution.

“Attempts are being made by a various parties in this House to create an impression as if we are attempting to change the constitution in a hurry. We set up this Constitutional Assembly for the solemn purpose of preparing such a Bill to replace a constitution and address issues which we have pledged to the country in a variety of manifestos by a variety of parties in this chamber as if to make out that we are in an attempt to introduce a constitution which does not accord with the basic norms of constitution making. That we must deny, as we have set up a steering committee which deliberated for several sessions and we have taken great pains to look in to various contentious issues pertaining to the structure of the state. We attempted to look at the concept of a unitary state and look at the obstacles for the development of power in a unitary state in order to enable the provincial councils to enjoy their powers in the proper manner as envisaged in the 13th Amendment. Going by history in devolving of power in this country, there is a yearning by the people living particularly in the Northern and Eastern provinces and also provinces in the South. There is a document that has been tabled which providing details of what the chief ministers in the south came and spoke before the steering committee. Each and every one of them have been asking for more powers to look at various provisions in the constitution which inhibit the devolution of power in the proper sense,” he said, adding that therefore, this is a very solemn and sincere exercise to make a truthful departure from the constitution to enable the provinces to enjoy power in a proper manner.

However, he said there are several contentious issues. “They also make out as if we are trying to take away the foremost place given to Buddhism in the Constitution. The PM in his speech today, said that there was never an intention to remove the foremost place given to Buddhism in the Constitution. He also referred to history when Buddhism was accorded such a place during Dudley Senanayake’s time and that those provisions had come over a period of time.

There have been alternative formulas that have been suggested by other parties, but that does not mean that there is consensus on the issue.”

Referring to appointments to high offices, Hakeem said while certain communities view an appointment of one of their community into high office as an honour, these appointments have always governed appointments to high office and hoped that in enacting a new constitution, these postulates would be preferred, rather than very narrow and very parochial approaches to appointments to high office.

Ranil engaging in political revenge against union employees: MR

Opposition Leader Mahinda Rajapaksa charged that the Ranil Wickremesinghe led UNP government appointed on December 16, 2018 is engaged in taking political revenge on several union employees of certain institutions. “Political vengeance on employees of the ITN has now spread to other state institutions as well. Especially, at the Youth Services Council which is under the direct purview of Prime Minister Ranil Wickremesinghe, 23 workers have been transferred to positions not suitable to their qualifications, flouting all accepted service procedures, without any concern for service requirements, disregarding all service commendations and qualifications.”

He noted that due to this political vengeance, workers and their families are facing great difficulties. Hence he urged that these irregular and politically revengeful transfers be cancelled immediately and the workers returned to their regular work places. He also requested that all irregular promotions too be cancelled.

Responding to these allegations by the Opposition Leader, Minister of Public Administration and Disaster Management Ranjith Maddumabandara, refuting the allegations made by Rajapaksa, said that his government had not initiated any transfers based on political vengeance. “Independent commissions such as the Police Commission and the State Services Commission had been established in order to strengthen the rights of the workers and safeguard the state sector. These commissions had not carried out any transfers. However, having inquired into the matter, I learnt that these are annual transfers that are usually carried out by the State Services Commission, effective from February. Unless for disciplinary reasons, no transfers would be carried out according to the government policy and the Labour ordinance.”

He requested the Opposition Leader to forward a list of such persons who he says have been transferred on political grounds, assuring him that the matter would be looked into. “Certain transfers are made based on disciplinary grounds and service requirements and the Prime Minister has given us the authority to look into any discrepancy and take appropriate measures to rectify them. Therefore, if these names are given, we will look into the matter. By January 8, 2018, the UNP Headquarters had received complaints regarding 32,000 political revenge issues. However, we will not follow their example, we would look into such matters and rectify these issues if we find that these have been politically motivated transfers,” he added.

‘Opposition Leader spreading hatred’

Former President Opposition Leader Mahinda Rajapaksa, is spreading hatred and circulating misinformation about the new Constitution among the people, alleged JVP Leader Anura Kumara Dissanayake yesterday.

“Rajapaksa has now become an orb of hatred. He recently visited a temple and said that by April, a new Constitution would be introduced and the country will be separated. He said the new Constitution establishes a Federal State. What lies are these? Why spread all these false information? We wouldn’t have minded if it was someone else who went around saying such lies. But this is a Former President we are talking of. He was the President of this country for nearly ten years. He should be ashamed of such falsehoods,” Dissanayake said.

Dissanayake expressed his displeasure on the Rajapaksa led group who were depending on racism and religious animosity to gain power. He urged Rajapaksa to avoid creating unrest among the general public and to conduct himself as a responsible leader.

Dissanayake made these observations in reference to the speech delivered by Opposition Leader Mahinda Rajapaksa during the Constitutional Assembly yesterday in Parliament.

The Steering Committee had failed to present a draft Constitution to the Constitutional Assembly in the lapse of three years, Dissanayake also said. Pointing out that passing a new constitution is a lengthy and complex process, Dissanayake observed that the Steering Committee is not even at the initial stages of the process.

Poor attendence mars CA meeting

Poor attendance at the Constitutional Assembly(CA) meeting was noted yesterday, with only 56 MPs being present when Prime Minister Ranil Wickremesinghe presented five reports pertaining to Constitutional reforms.

prov. governors as political agents and “Rajapaksa phobia”

2019-01-11

resident Sirisena had requested UPFA parliamentarians to pressure the government to hold Provincial Council elections, reported DM online last Wednesday. The report also said, the President had told them, the government should be asked to even amend the law to have elections under the previous law. For over one year now, 03 of the 09 Provincial Councils (PC), Eastern, Sabaragamuwa and North-Central stand dissolved from October 2017. Since October last year, 03 more PCs, the Wayamba, Central and Northern PCs also stand dissolved. National Election Commission (NEC) chairman Mahinda Deshapriya, keeps promising the NEC that he would hold elections within 03 months when the Minister so decides.

It is an insanely sickening situation. We have so called “civil society” campaigners and political leaders who want the sordid and a wretched parliament that’s corrupt to the core to continue. We have a NEC, that compromised with one of its 03 members, who petitioned the SC by himself, but claimed he also represented the interests of the Commission and said his FRs are violated unless the present parliament continues undissolved; the worst and the most corrupt parliament in the history of independent Sri Lanka.That is what the Colombo middle class also wants as “democracy”.

The same holds true for PC elections too. Previously PC elections were held under Act No. 02 of 1988. Nominations and elections then had to be scheduled within 08 weeks from the date the PCs are dissolved. This law was amended by the “Yahapalana” government with the PC Election (Amendment) Act No. 17 of 2017 which was

completely changed during Committee stage from that of the draft bill presented to parliament,for petty political advantages.The amended new law as Act No. 17 of 2017required re-demarcation of constituencies,changing the whole electoral system. Accordingly, President had to appoint a “Delimitation Commission” within 02 weeks from the date the Act was adopted. The Commission is required to submit its report to the Minister within 04 months and the Minister has to table the report within 02 weeks in parliament. The Delimitation report needs a two third vote for approval. If not, the Speaker should appoint a Review Committee (RC) headed by the PM. That whole process is now over. Tabled in parliament, it was not accepted by parliament. The Speaker appointed the RC in late August 2018. That RC had to provide its recommendations within 02 months to the President before end October 2018 to complete the delimitation process and have the Amended Act No.17 of 2017 as the new law for PC elections.

Three months have lapsed but there is no information and no indication as to what the RC has done with the Delimitation Commission report. Three months beyond the constitutional deadline is a clear violation of the law by this government. The often vociferous JVP and the legal oratory of TNA spokesperson Sumanthiran have gone mute.Nor have the President asked for the RC recommendations, at the end of 02 months. Thus, it is ridiculous for President Sirisena to request UPFA parliamentarians to pressure the government to hold elections as DM reported. It would be more saner for President Sirisena to request the NEC to hold elections under the previous PC election law.

The NEC and its chairman want the public to believe they have to act as decided by the Minister to hold elections, gleefully ignorant they are mandated by law to get back to the previous PC Elections Act No. 02 of 1988 to hold elections for the much delayed PCs. The law is very specific.Till the new law becomes effective, the previous law as the existing law stands operative. Interpretations leave no void without a law in force. As the PC Election (Amendment) Act No. 17 of 2017 is not operative and is not certain when it would be, Act No. 02 of 1988 now stands operative. Those foreign funded civil society campaigners who took to the streets to have “democracy” and the NEC member who petitioned the SC appealing his FR be saved, don’t seem to know, PC elections are a necessary democratic right of the people and there is a law in operation for that.

All major players in the North and the South imply in all what they say, they are mortally afraid of elections. Although the UNP stood together “post 26 October” to have their government back in the saddle propped by foreign diplomatic interests in Colombo and with funded civil society activism, their very stand for “democracy” was against an “election”. Since getting back to their ministerial seats, some with many issues to grumble about, UNP is not prepared to face an election. Some seem to feel the ground level rejuvenation with their return to power through a hard won struggle, should be used to further improve the party status in the electorates through budget 2019. There is also another thinking within the UNP that tend to argue they need time to accommodate a “new leadership” that can reach the rural voter. Either way, they don’t want any election for now. The ITAK leadership in TNA is also in a dilemma. They are no more accepted in North-East without hard criticism and protests for their role in Colombo that brings no answers to thewar torn Tamil society. There’s a dissenting voice and an alternative in the making.

"The larger issue is, with dissolved PCs the Governors become administrative heads of the provinces. They can dictate their preferences to all provincial heads of departments and provincial ministry Secretaries"

President Sirisena is stuck with a revolting group in his “left over” SLFP. These grumbling SLFP parliamentarians want ministerial portfolios they held ‘pre October 26’ and therefore don’t want to have any alliance with Rajapaksa and his SLPP. For President Sirisena, his survival now rests onan electoral alliance with the SLPP for which he is arrogantly working towards. Yet he is still not able to face any election with the SLPP laying conditions for an alliance. Sirisena meanwhile has taken steps to have PCs under him through newly appointed Governors. He has appointed 08 new Governors, all very conspicuously, “anti Ranil”. That may have been the only qualification for their appointments.

Though most Governors appointed in the past had also not been men of much stature and social acceptance, President Sirisena stands out with his appointments. Comically, one appointed as Western Province Governor could not poll enough to even win his Colombo Municipal Council Ward at the last LG elections in 2018 February. His track record is very much chequered, crossing over every now and then from the UNP to SLFP, then tying up with some small minority parties and again moving to the UNP and once again switching loyalties to tag behind President Sirisena while saving himself from being slammed Rupees 100 million as damages for defamation by accepting his irresponsibility and being pardoned for making such statements against Upul Jayasuriya PC. That qualifies one for WP Governor. Another in the Kelaniya University clerical staff designated as a “Course Co-ordinator” and interdicted from service sometime back, was appointed to Uva, his birth province and subsequently moved to South. He was Media Co-ordinator for Plantation Minister Kiriella from 2002 to 2003. Once the Wickremesinghe government was dislodged by President Kumaratunge in 2004, he moved away with the “anti Ranil” group in the UNP and was blindly canvassing for Sajith P to the leadership while parading himself as an “independent election monitor” funded heavily by foreign donors. Yet another who broke into Colombo discussion forums via the Colombo University, whose doctoral publication on Buddhism and politics is what is marketed for all purposes, surprised everyone who sat for his new discourse on Gramsci when he suddenly appeared as an advisor to President Sirisena. A somersault he found extremely difficult to defend in social media. His profiles often keep out his “connections” with Canada and his Canadian Citizenship. One would thus wonder though no MP can hold dual citizenship, could one with dual citizenship be a Provincial Governor in a country where a non-Citizen could sign on currency notes as Governor CBSL? Or has he denounced his dual citizenship like Geetha Kumarasinghe? That’s for the North.

Where ethnicities carry blind trust, even former Northern Province CM Justice Wigneswaran has taken to him as a Tamil. Ethnicity apart, he politically represents a President who is stubbornly against any war crimes probe and stand by crimes committed by security forces personnel taking them to be “Ranaviruwo” (war heroes). A President who is making every attempt to promote himself as a Sinhala Buddhist leader; attempts at reviving ancient incidents as Sinhala Buddhist heritage. All others appointed are also of very inferior quality to be Governors but qualifies as capable of running along with President Sirisena.

The larger issue is, with dissolved PCs the Governors become administrative heads of the provinces. They can dictate their preferences to all provincial heads of departments and provincial ministry Secretaries. They are also the Chief Accounting Officers of provinces and will have authority to approve or reject financial commitments, though they cannot decide on new allocations. All of them in that way become direct “political” agents of President Sirisena in 08 of the 09 provinces, until elections are held to have a Chief Minister and the board of ministers with an elected Council. Till then its “Colombo democracy” without elected PCs and with no political party in parliament wanting PCs, suffering from that incurable disease, the “Rajapaksa phobia”.