On (badly behaving) politicians and the media

Sunday, January 13, 2019

 

White vans and ‘black media’ aside (which I will return to later), Sri Lanka has seen politicians insulting judges in Parliament under cover of parliamentary privilege in the past.

 

Staggering and scurrilous abuse

 

Each time, these attacks have been discomfiting, indicating the extent to which the ancient law of privilege can be abused for partisan political advantage. Even so and notwithstanding that unpleasant history, this week’s attack on particular judges by a Rajapaksa frontline supporter in the House on the basis that only judicial officers of a ‘Christian’ persuasion are promoted and that favouritism is shown to a selected few in the judicial service by the recommending body (the Constitutional Council) is by far, the most staggering if not scurrilous abuse that we have heard up to now.

 

It is direct intimidation of the judicial institution, once the Rajapaksas’ favourite plaything when they brought a sitting Chief Justice to Parliament to undergo a show impeachment, subjecting her to vulgar cross-talk. The fact that such allegations are made unabashedly and with a straight face says much for what Sri Lanka has become today, a seething pot of racist, religious and communal hatreds as opportunistic politicians stir the toxic brew with relish.

 

Far from learning from one’s mistakes and progressing to a better standard of political engagement with the polity, the Rajapaksa camp appears to be descending  to unplumbed depths of disgraceful conduct. Quite apart from levelling this allegation in respect of the promotion of judges, the same reference was made to the selection of cricketers (‘Argument in Parliament over ‘faith’ of judges.’, Daily Mirror, 11.01.2019). Is there nothing that will not be said in the desperation to score political brownie points?

 

Foolish to ignore clear danger signals

 

Former President Mahinda Rajapaksa should call his venomous mouthpieces to heel if he has a smidgen of political good sense left in him. While frustration in the face of the humiliation that he suffered recently is understandable, having to step down from a Prime Ministerial seat (which he occupied like a thief in the night as cartoonists unmercifully depicted), this is assuredly not the way to go about it. And if any remain among thinking people in this country who would close their ears and cover their eyes pretending to ignore the dangers of communal and religious friction now being propagated, that would be very foolish indeed.

 

The question becomes in truth as to why parliamentarians are allowed to make such vituperative and wholly unsupported claims with impunity? Codes of conduct for these characters will not go far to address the issue. Let us not forget that these are the very same individuals who, not long ago, sat on the Speaker’s Chair, poured water on it while crudely insulting him and threw religious books, a copy of Erskine May and chillie water into the eyes of policemen standing on guard.

 

This was possibly the point at which many Sri Lankans watching the commotion aghast and open-mouthed, decided that enough was quite enough. While there are many eminently good reasons to be disgusted with parliamentarians on both sides of the House, that level of vulgarity that we saw during those incidents on the part of Rajapaksa supporters was, quite simply, unparalleled. The fact that those responsible later apologised should not be the end of it. These apologies are not worth their proverbial salt, much like a former Chief Justice once apologised for a judgment that he had given exculpating former President Rajapaksa of misappropriating tsunami funds.

 

Amendment of the privileges law?

 

Sri Lanka should look to revising what constitutes parliamentary privilege which we inherited as a colonial legacy. Even if we retain this idea of ‘privilege’ which has been drastically reduced in other jurisdictions on the basis that parliamentarians do not merit special favours, the law should incorporate the modern concept of parliamentary duties. Rights must always be accompanied by duties. And parliamentarians cannot be an exception thereof. The country’s original Act (1953) has been amended on several occasions to afford more privileges to members of parliament. This time around, amendments may impose duties of good conduct and good behaviour. Merely having elections that would bring the same disreputable characters back into the House will not do.

 

But now let us come to the ‘black media’ frenzy. Protests held in front of media houses by demonstrators clad in black and holding black banners calling for the media to be independent some days ago resulted in hysterical outbursts of ‘media intimidation’ by some electronic media institutions. References by Prime Minister Ranil Wickremesinghe to ‘black media’ is unfortunate, (nothing is ‘black’ or ‘white’ as the Prime Minister himself should surely well know).

 

Nonetheless, there is singular hypocrisy in former President Rajapaksa waxing eloquent on a free media when the highest levels of killings, intimidation and threatening of journalists occurred under his Presidency. As annual events take place to mourn Sinhala and Tamil editors and journalists killed in the line of duty during past decades, it is equally hypocritical that United National Party (UNP) parliamentarians in the Government speak in hushed voices of the dead while completely bypassing the duty to bring to justice, those responsible for the atrocities.

 

Restraints on media as much as parliamentarians

 

It is of no use naming model villages after these journalists (as the UNP’s Housing Minister announced a few days ago) if the law is not worked properly to punish the perpetrators. While the reasons for moving slow on these cases may be an open secret, let us have no humbug in public. Yet sanctimonious humbug and politicians are so intertwined that it is impossible to separate one from the other. This is the inescapably ugly reality that we need to confront and call out on.

 

But to return to the protests which stirred up a media storm, there is little question that, as much as parliamentarians need to be restrained from abusing the privileges afforded to them, the media cannot take cover under the label of ‘free media’ and espouse blatantly partisan and communalistic coverage.

Certainly the media needs to operate within a legal and ethical framework that is self-regulated but effectively so. In the alternative and faced with media that has lost its credibility, the interest of the public  in ensuring that the media remains independent from state regulations with all its inherent risks will fade, thereby paving the way for state regulated media which can never be a good thing.

 

These are warnings that need to be taken to heart in all seriousness.

Significance of the 19th Amendment!

U. E. Perera-Monday, January 14, 2019

‘A constitution, is anything more than a formal sense, is only an organisation of men and women. Its character depends upon the character of the people engaged in governing and being governed. In this respect it is a transient thing, changing like the colours of the kaleidoscope; and an examination of its working involves an examination of the social and political forces which make for changes in the ideas and desires and habits of the population and its various social strata. ………….For though the constitution consists of men and not of laws, the complexity of political organisation demands that if is to function at all it must function according to rule’. (W. Ivor Jennings -The Law and the Constitution)

In this sense the new rule, the 19th Amendment, the piece of legislation brought forward by the present government to diffuse the wide powers enjoyed by the Executive President under the present (1978-J. R. Jayewardene Constitution) constitution can be regarded as a revolutionary step of the legislators who master minded this change into the blood vessels of the ‘out-dated’ constitution.

Executive presidency

Here, I would like to include the precise analysis and the sound judgement arrived by the illustrious diplomat and author T.D.S.A. Dissanayake on the 1978 Constitution. ‘In my judgement that constitution was not so much geared to give Sri Lanka a sound government but geared to give legal authority to Prime Minister J.R. Jayewardene to be a benevolent dictator as President of Sri Lanka…………….’ By that time I was ambassador-designate of Sri Lanka to Indonesia. Before I assumed office in Jakarta, I was invited to Washington for a seminar on the General Elections of 1977 in India, Pakistan and Sri Lanka. I made it a point to visit Harvard University, where I had studied, to get their opinion on the draft constitution. They were horrified and predicted that with such a Constitution, Sri Lanka will end up like the Philippines under President Marcos’. (The Politics of Sri Lanka (Volume 111) by T.D.S.A. Dissanayaka) Therefore, changing the dictatorial powers vested in the all powerful executive presidency is not an easy task and we should appreciate the legislators involved in the present parliament who have done a marvelous job and an uphill task to make this change a reality as far as they can, although the abolition of the whole constitution is on the way.
The following are the main changes that have been adopted under the 19th Amendment.

(a) It has reduced the term of office of the President to 05 years, instead of 06 years which was the rule under the 18th Amendment;

(b) A person who has been elected by the political electorate, as President of the Republic can serve only 02 terms and not 03 terms as stipulated by the 18th Amendment;

(c) President’s authority to dissolve parliament is also curtailed. Under the provisions provided in the 19th Amendment, President is empowered to dissolve parliament only after a lapse 04 ½ years and NOT before that;

(d) The establishment of the Constitutional Council has also taken away the enormous powers the President was entitled to under the provisions of the 18th Amendment to appoint members to the independent commissions. The constitutional council, established under the 19th Amendment shall consist of 10 members. The Speaker, the Prime Minister and the leader of the opposition are its ex-officio members; four additional members of parliament will be nominated to serve on it. Out of the four members, three members will be selected by the President, the Prime Minister and the leader of the opposition respectively. Minority parties in the house are also entitled to appoint a member to the constitutional council. The remaining 03 slots, will be selected by the High Post Committee of the Parliament, giving preference to professional experts in different fields. The 19th Amendment has empowered the constitutional council to nominate members to the Police Commission, Bribery Commission, Human Rights Commission, University Grants Commission and Public Service Commission;

(e) Number of Ministers who can be appointed to the cabinet is limited to 30. The total number of deputy and state ministers is restricted to 40;

(f) In consultation with the Constitutional Council, the President is empowered to appoint judges to the Supreme Court in Sri Lanka;

(g) Under this new enactment, citizens who have dual citizenships are prohibited to get elected as members of parliament;

(h) The 19th Amendment has also imposed a restriction on bringing forward ‘urgent’ bills in the parliament. The bills are allowed to be presented in keeping with the regular procedures and not otherwise;

(i) The President is entitled to appointment a member of parliament, as Prime Minister who can command the majority support of the house;

Regarding the significance of the 19th Amendment, I would like to insert here the considered opinion of Dr. Nihal Jayawickrema who is regarded as an authority on constitutional law. He is of the view, that the office of President today is not that which was established by President J.R. Jayewardene in 1978. Nor are the powers of that office the same or similar. The 19th Amendment (19-A) stripped the Presidency of nearly all the executive powers which President Jayewardene invested himself with. The President today is in many respects, a constitutional Head of State who is required to act on the advice of the Prime Minister, similar to the Presidency under the 1972 constitution.

Independence of the judiciary

Defending the considered objectives of the 19th Amendment, the Supreme Court, the highest in the judicial hierarchy that serves as a constitutional court has acted boldly and independently, highlighting the independence of the judiciary. On November 13, 2018 a three-member bench of the Supreme Court, issued a stay order on the dissolution of Parliament. After the proclamation of the stay-order, an extended seven-member bench of the Supreme Court led by Chief Justice Nalin Perera unanimously ruled that President Sirisena’s proclamation dissolving Parliament was unconstitutional.

 Further, Justice Sisira de Abrew in a four-page judgement with reference to a petition from the Tamil National Alliance declared ‘For the above reasons, I hold that the Proclamation issued by the President of the Republic ………..published in the Government Gazette ……………..dissolving Parliament has violated fundamental rights of the Petitioner guaranteed by Article 12(1) of the constitution. I have earlier held that the Proclamation issued by the President of the Republic…………..published……….dissolving Parliament, is contrary to Article 70(1) and 70(3) of the Constitution: is therefore null and void ab initio, and of no force and effect in law. For the above-mentioned reasons, I made order quashing the proclamation issued by the President of the Republic………….published in Government Gazette …………dissolving Parliament and declaring the said Proclamation null and void ab initio and of no force and effect in law’.

There are some lunatics among us who defend the 1978 Constitution, declaring that it has helped us in defeating the LTTE. This is an argument mainly used by the communal elements in the country to achieve their own selfish ends. There is absolutely no truth in these arguments, when you analyze the ugly events of July (Black July) 1983 and the mass massacres that took place all over the island in 1988-89. Enormous arbitrary powers, vested in the 1978 Constitution were unleashed through-out the ‘Dharmadeepaya’ to commit these atrocities.

Therefore, what is necessary today is to abolish the Executive Presidency in toto and go for a home-grown, brand new constitution in keeping with the modern trends in the world. Of course, it should be a unitary constitution. 

Education doesn’t mean educated! Birthplace is not where you are born!

Rev Fr. Harry Miller’s legacy as a reminder of that prism

By B. Nimal Veerasingham-January 13, 2019, 9:16 pm 

At the time when the New Year (2019) dawned on us, the land of the rising Sun recorded the demise of a Titan in the field of education. It was none other than Fr. Henry (Harry) Miller – a Jesuit from Louisiana who was a teacher, coach, councilor, Principal and Rector, resided at St. Michael’s College (Est. 1873) Jesuit residence and called Batticaloa home from 1948 – sometimes referred by him as the only home he knew. He was barely 23, when he landed on the shores of Batticaloa along with a group of Jesuits from Louisiana, US – 8 months after Sri Lanka gaining Independence.

Three weeks earlier, there was another prominent educator from one of the oldest Institution in the country passed away. Prince Casinader for many years led Methodist Central College (Est. 1814), both as a teacher and Principal. He was a good friend of my father, being two years senior at Central College, and were office bearers with the Batticaloa District Football Association (BDFA) for many years.

My father’s association with Central College is understandable – residing barely five minutes away, and as being an all-round athlete, he led Central College at the ‘big match’, when the equally seasoned Mr. S. Andreaz (master) led St. Michael’s College. The legend is that my grandfather fell from the elevated verandah of the old Post office facing the grounds, into the deep drain beneath and need to be rushed to the hospital – all because of the excitement caused by the ‘sixer’ hit by my father that landed almost into the Post Office.

It defies comprehension why my father enrolled me and my brother with his Alumni’s archrival St. Michael’s College. Rivalry between these two institutions run so high, that during the ‘Big match’ casket filled with paddy husks, bearing the opponents colors would be ready for cremation, even before the end of 1st innings!

As laid back as he is, my father upon seeing the lights on, in Fr. Miller’s office behind the Principal’s office facing Central Road, would walk in with us, to pay the ‘facility fees’ – the fee levied from the students to keep floating St. Michael’s as a locally and privately managed Institution. Fr. Miller never failed to amuse us every time, with his illusionary tricks – most famously the separating his upper part of the thumb with the letter opener.

The population of Sri Lanka in general, understood the importance of education early on, represented by these educators. For many, it was the only way to place themselves higher in the job market and social ladder.

The education fever’s frenzy was clearly felt at our Homefront – where my parents became the expeditors - where educators were respected and adored. This brings up my recollection in battling childhoods’ playful energy of spending more time at the playground.

The extended non-levelled squared and soggy grassy patches South of the Batticaloa Weber Stadium, was our dream play area, when we were growing up. There were no fences between these small unofficial play areas, divided with cemented open drains to manage flood waters. The sound of overflowing water tank at the Public Tennis Club on one side - and the screaming kids from the merry-go-round at the Children’s park, on one side – our pick-up soccer game with the neighborhood kids has no reason to stop. All you need is two goal post markers, usually with stones or wild Palmyra seeds – our feet were more than ready to meet the soft grass filled with hardy grasshoppers. The low-lying area usually gets flooded during monsoon rains and hence the soft clay underneath the grass provided an added ‘Nike’ effect to our barefoot. The narrow-elevated road, edged at both ends by huge ‘Vakai’ trees (Albizia saman) overlooking our play field, leads to the dilapidated old colonial building, the District Education office occupied. West of that narrow road has a different story. Its dry, barren and saline laden salty residues - with hardly any grass. The overflowing salty waters from the bordering lagoon during monsoon rains, have killed almost all green on the ground. The elevated narrow road that separates, makes all the difference - between lush green and barren.

Almost a few hundred meters away to the North West from our playing abode, remained one of the last remnants of the World War II - perched on the roof of the Municipal Council buildings. It was an emergency siren - intended to alert the population of any incoming enemy air raids then. But was put to continuous good use by going off at 6.00AM & 6.00 PM daily, giving the townsfolks a sense of time planning in their daily lives – including us. The loud blare at 6.00PM means, that we should be sitting with our books in no more than 10 minutes at home. It was an unwritten decree at home. A dash through the broken parapet wall of the Education office will land us with our books in less than 10 minutes. The unsung glory of the siren effect - to transform ourselves from the smell of green grass to the coarse pages of the text books. Our parents like all parents wanted to make sure that our lives would end up with holding decent professional jobs. Talk about parents being the elevated road – preventing the saline waters by not ending up at the bottom of the status chain – but towards greener pastures, the other side of the road.

Educators of all stripes became the benefactors to ride the difference, between lushness and barren. Though Fr. Miller fell broadly under that category, he was more of an administrator than a teacher. He was certainly not tall, and not a populist, compared to his compatriots like, Fr. Weber, Herbert, Coolie, Mayer, Laurio, Reiman, Nee etc... But his calling was to do bigger things. He was entrusted in embarking on a colossal and courageous journey - running the school at the most difficult times when nationalization of schools struck in many forms in the Island – notably, being forced to run totally, in locally available private funds. No child was barred from St. Michael’s for lack of finances – instead, Fr. Miller coordinated with the school welfare society and Alumni, in variety of fund-raising campaigns from 1959 to 1970. He was heartbroken when it became clear that the balancing act cannot go on. The school was handed over to the government fully in 1970.

I believe that this act of holding the fire amidst uncertainty, and in prolonging the hopes and dreams of a city and region, later galvanized the natural fervor to stand up for the weak and fallen. Losing the portal of a superior Educational institution that was built by the sweat, sacrifice and prayers of many in the Godly, but in the service of mankind over a century, was equally traumatic than simply losing the title of ‘second to none’.

The 80s and 90s witnessed human suffering in the East mushroomed to gargantuan levels. Blood flowed freely, and wet the land that fed the country. Many militant, State groups and each of their many opponents domineered the killing fields with vengeance, hardly paying any respect to human lives. The vast majority impacted were the ordinary from the rural hinterland, not knowing where to turn to or seek answers – as opposed to the many urban folks who have fled the country altogether. Fr. Miller poured his energy in documenting atrocities in the form of details of the missing and murdered – provided legal point of contacts to pursue through the court system – engaged State officials, Police, Armed forces and Parliamentarians. As the founder of the Peace Council of Batticaloa and Council of Religions, his documentation detailing 1000s of disappearances lurked with unbridled violence, became the prod to all perpetrators irrespective of their shades – a measuring yardstick for the outside world to know what is happening in the land of honey and milk.

Spearheading such impartial venture brought criticism from all sides – expected time tested common reaction that could be traced over and over in the history books. Satisfying political connotations are not on trial here – invalidating human lives are.

Fr. Miller easily could have escaped becoming witness to this carnage by taking a sabbatical in New Orleans or anywhere outside Sri Lanka. But he didn’t – after all, this is the home and people he knew and part of. Almost seven decades of breathing the air that crisscrossed the golden paddy fields, pondering buffalos and the meandering lagoon has made him more than a native son - only to be in white skin. In recognition of his valiant efforts to defend Human Rights despite adversity and danger, the National Peace Council of Sri Lanka honored him with ‘Citizen’s Peace Award’ in November 2014.

He breathed at ease during the last decade, witnessing the return of peace rays reflecting over the Eastern landscape, meeting with many ordinary and dignitaries alike. His office was located on the 1st floor of the majestic building at the very center of the city, built at a time when use of cement was sparse – like him it was simple and minimally upkept, not to mention the peeled walls with mold and rain stains.

Many Alumni returned from their European and North American adapted homelands and made a quick stop to meet Fr. Miller and other remaining Jesuits during their ‘vacations’ to their own birthplace. It’s time to show their children what made them for who they are – between their dip at ‘Pasikudah’ and a sumptuous crab curry with their long-lost relatives. On each occasion Fr. Miller would ask them a well cradled simple question – ‘when so many Michalites are doing well in their respective fields abroad, why is that they are hardly felt in their native land, by way of expertise, investment or charity.’ All what the visitors could do is, smile – smiling is easier than answering.

Like the meeting point of a circle (of life), many alumni also come home from their adopted homes across the seas, for the permanent rest. Their wish is to ‘Rest in Peace’ or their ashes get absorbed by nature in familiar territory – closer to their ancestors. It’s a noble thought and act, to the end. But as the poet says, ‘For who is living in the Light of the God – the death of the carnal soul is a blessing.’ Fr. Henry (Harry) Miller has no qualms – his life was with and for the people he knew and loved, not by birth, but by acquaintance and adoption. He was laid to rest next to his fellow Jesuit from his same birthplace, Fr. Harold Webber, within the St. Michael’s College compound. It’s unfortunate that his other friend and fellow Jesuit from Louisiana, the basketball legend Fr.Eugune Herbert is nowhere closer. He disappeared in August 1990, and his body or traces was never found to this day - succumbed to the whirling winds of violence that engulfed the region – the same from which Fr. Miller tried to save many.

CID wants custody of 2007 TV interview with Gota on MiG deal, Lasantha

Magistrate orders Derana to hand over unedited footage:

Lasantha’s daughter recounts her father discussing interview in 2007 phone call:

 

BY ANURANGI SINGH-13 January, 2019

The unedited footage of an interview with former Defence Secretary Gotabaya Rajapaksa aired on a private television channel just over a year before Lasantha Wickrematunge’s assassination, was ordered into CID custody by the Mount Lavinia Magistrate’s Court last week, as friends and colleagues marked a decade since the senior journalist was assassinated in broad daylight.

OIC of the CID Gang Robbery Branch Police Inspector Nishantha de Silva made an application to court to obtain the original and unedited footage of an interview with former Defence Secretary Gotabaya Rajapaksa aired on August 19, 2007 from Derana TV’s News Manager.

Lasantha Wickrematunge was assassinated on January 8, 2009 as he was driving himself to work, at the Bakery Junction in Attidiya. Assailants on a tight formation of motorcycles intercepted The Sunday Leader Editor’s vehicle and stabbed him in the head and torso, delivering brutal blows that proved fatal. Wickrematunge succumbed to his injuries after undergoing emergency trauma surgery at the Colombo South Teaching Hospital in Kalubowila.

In a chilling portion of the interview aired by Derana TV in August 2007, about 16 months before Wickrematunge was murdered, the then Defence Secretary refers to journalists writing ‘filth’ about him then driving around alone in their cars, making driving gestures with his hands for the camera. This portion of the interview was shared widely on social media last week.

The B Report in case [B 92/2009] filed by the CID applies for a court order on the basis that the unedited footage was “necessary for investigations into the crime”.

According to the CID B report, the interview was conducted by journalist Dilka Samanmali of Derana TV.

While the order was granted by the court on Monday January 7, A senior official at the television channel yesterday told the Sunday Observer that they had not yet been notified of the court order to hand over the footage.

At the time of his death, Wickrematunge and The Sunday Leader were facing civil litigation for defamation by then Defence Secretary Rajapaksa, after that newspaper exposed alleged irregularities in a controversial arms procurement involving the purchase and overhaul of military aircraft by the Sri Lanka Air Force. The transaction is widely known as the “MiG Deal”. Wickrematunge was killed shortly before he was expected to testify in the case.

After the CID was handed the murder investigation in 2015, several senior police and military officers have been arrested for complicity in various aspects of covering up the murder, including destruction of evidence and abducting and threatening witnesses.

The CID has uncovered evidence tying military intelligence officers operating out of the Tripoli Army camp in Slave Island the abduction and assault of journalist Keith Noyahr eight months prior to Wickrematunge’s assassination. Detectives have drawn a link between the two crimes before the Mount Lavinia Magistrates Court. [R1]

The investigation has hit major roadblocks over the past decade, including the disappearance of key evidence contained in Lasantha Wickremetunge’s notebook found inside his car, for which a Senior DIG has been arrested, and a false postmortem report that claimed the journalist had been shot and killed despite the lack of any of the telltale signs of firearms use such as bullet slugs, shell casings or gunshot residue.

An exhumation and second postmortem found that Wickrematunge had in fact been clubbed to death by his killers. On November 18 2018, an attempt was made to transfer OIC Silva out of the CID, putting the Wickrematunge’s assassination probe and several other key cases seriously in jeopardy. Public outcry and swift action by the National Police Commission reversed the transfer in 24 hours. The slain editor’s daughter referred to the transfer attempt as a gift to Gotabaya Rajapaksa in a letter that was widely publicised after the transfer was announced.

The former Defence Secretary has variously dismissed the allegations of military involvement in the murder and accused former army commander Sarath Fonseka of being responsible for any such involvement. Rajapaksa has accused law enforcement authorities pursuing the perpetrators of this and other attacks against journalists as ‘witch hunts’ against war heroes including himself. In an article penned on the 10th anniversary of her father’s assassination, Ahimsa Wickrematunge referred to the interview now court-ordered into CID custody, recalling that her father had referred to it in a telephone conversation between them in 2007.

“I tracked down the interview that he was referring to on that call. Gotabaya Rajapaksa, clad in a crisp pink shirt and a subdued tie, talked about the MiG deal to Derana TV at 9:30Pm on August 19, 2007, on their “360” program with interviewer Dilka Samanmali,” Ahimsa wrote. [See full letter on page 10]

During the interview, the former Defence Secretary refers to the Government purchase of MiG-27 aircraft in 2006, insists the transactions were above board and the articles – by then published in the Sunday Times and The Sunday Leader newspapers – were aimed at demoralising the armed forces and supporting the LTTE.

Subsequently shifting to the subject of media freedom, then Secretary Gotabaya Rajapaksa states as follows in the interview aired on the private television channel in August 2007: “They put my picture, and write filth. If they can get away with that in this country, where else is there more freedom,” he went on. “If they can criticize the President and the Defence Secetary by writing lies and after writing these things, they can nicely drive their cars by themselves alone and go around,” he added, raising his hands in a mock driving gesture.

After she obtained the video from an undisclosed source, Ahimsa Wickrematunge says she immediately informed the CID of its existence and possible relevance to their investigation into her father’s murder. “Because he was obviously referring to my father, and my father was later killed on the road while driving himself alone in his car, I think that this interview might be important evidence for the investigation,” she said.

Rajapaksa has been questioned extensively in connection with the Wickrematunge murder, Keith Noyahr abduction and the ‘MiG Deal’, and has not been named as a suspect by the CID or FCID in any of these investigations.

Sri Lanka Foreign Ministry is a den of Thieves

by Our Diplomatic Affairs Editor  -Jan 13, 2019

Jan 13, 2019

A peculiar characteristic of the administration of the Sri Lanka Foreign Ministry is protecting and rewarding the thieves and culprits. It has become a standard administrative policy of this very important institute. As a result of this practice, many have been able to evade from being prosecuted and facing disciplinary actions. We have been able to disclose the shocking details of a recent case involved in a lady Foreign Service officer, who has been appointed as the Consul General of Sri Lanka in Frankfurt.

She belongs to the bach of Foreign Service Officers recruited in 1998. This officer, whose name is Madurika, was first accused of helping an LTTE member to get a forged Sri Lanka driving license while she was working at the Sri Lankan Embassy in Italy. When this misdeed was revealed, she was recalled to Sri Lanka, and the CID launch an investigation into this incident. However, as her father was a former Police officer, she was able to slip from the law. At the official level, no investigation was conducted on this incident.

She is known as a trouble maker. She was found using foul language on a veteran journalist of the Observer Newspaper and immigration officer of the British High Commission in Colombo. Later, while she was working in Frankfurt, she was accused of physically assaulting a lady officer at the Consulate, and there had been a police investigation. She suddenly left Frankfurt with the support of her lover at the Foreign Ministry to avoid any possible arrest. It is learnt that the Frankfurt Police has considered this incident a severe violation of human rights. The case is still pending.

When she was working at the Sri Lankan Embassy in Vienna, she involved in two serious crimes. One is beating and deprivation of basic needs of her domestic helper. She had physically and verbally abused her domestic helper, and no food was given to the helpless women. She has requested her domestic helper to pay Rs 100000 to arrange her ticket back home. However, the return ticket was provided by the Foreign Ministry. Mother of the domestic helper had made a complaint at the Foreign Ministry against Madurika; no action was taken. However, this matter was highlighted in the European media.

She was married to a German national. With the support of her German husband, Madurika had rented an apartment from a relation of her German husband, when she was working at the Sri Lanka Embassy in Austria. The government of Sri Lanka paid her house rent. She had overpriced the rental and pocketed out Euro 500 each month. Although this crime was exposed, the then Secretary of the Foreign Ministry has just asked her to repay the money she illegally took, and no departmental action was taken against her. According to the government regulations it is wrong to request her to pay back without proper investigation. Paying the illegally taken money back to the government is clear evidence her acceptance of the crime.

At the Ministry, she was often blamed for neglecting her work. Therefore, she has been transferred from one division to another at the Foreign Ministry. No senior officer is ready to work with her. She was also accused of misusing official vehicles. On one occasion, she has kept the official car on the weekend at a swimming pool from the morning to evening. She attempted to assault the driver for entering the details of her swimming pool visit in the log book. If she misused the official vehicle, the Ministry should have asked her to pay for fuel and driver. The Ministry just turned the blind eye on her misconducts.

Now she is heading towards Germany to assume duties as the Consul General. In many ways, this appointment seems to be irregular. She is going to work at a place where she has a police complaint. If the prosecutor decides to take up the case again, it would be a great embarrassment for the government of Sri Lanka. As a Consul General, she has no immunity for criminal matters. Second, details of her misbehaviour are known to the Sri Lanka community in Germany and the authorities. It would affect conducting of her official activities, and obviously, she would not be considered as a decent individual. Third, as her husband is a German national, there would be a question of her impartiality when discharging her duties. We have certain doubts about her loyalty to Sri Lanka.

As highlighted in the opening remarks of this article, it appears to be very easy for any culprit of the Foreign Ministry to stay away from legal and disciplinary actions against them. On the other hand, this displays the sheer negligence and lack of proper administrative mechanism at the Sri Lankan Foreign Ministry to detect such culprits and take appropriate action.

Man is born free but corrupt political system has chained us without any mercy (Part 3)

We saw how police escorted the Speaker into the Chamber. In addition, we saw how they were behaving like animals. The MPs were in a massive brawl almost killing each other. This was a disgrace to all of us

 Saturday, 12 January 2019

“Democracy is not just the right to vote. It is the inalienable right to live in dignity”

“Law and order exist for the purpose of establishing justice and when they fail in this purpose they become structured dams that block the flow of social progress” – Martin Luther King Jnr.

Ever since the dawn of our human civilisation, laws had been made to protect citizens from harm and to guarantee equal protection to everyone for the greater good. The leaders of our political parties should possess fundamental values and principles to bind people together. They should be the concentrated voice to deepen common democratic foundations in the country.

Politicians should not advance only the rights and privileges for their party supporters alone at the cost of the entire population. The Organization of American States says – “The law is a set of rules for society, designed to protect basic rights and freedoms and to treat everybody fairly”. The Canadian Department of Justice had stated – “Ever since people began to live together in society laws have been necessary to hold that society together… Laws help to ensure a safe and peaceful society in which people’s right are respected.”

Thomas Hobbes, 16th century philosopher, in his famous work ‘Leviathan,’ centuries ago had pronounced that without the rule of law the existence of human beings would be “nasty, brutish and short”. It is of critical importance to strengthen rule of law and good governance to achieve sustainable development goals to guarantee freedom from want, freedom from fear, and a life of dignity, etc., for everyone.

The Constitution of the Democratic Socialist Republic of Sri Lanka clearly specifies the guidelines – the Directive Principles of State Policy (Article 27) as to how the Parliament, the President and the Cabinet of Ministers should carry out the task of the enactment of laws and the governance of Sri Lanka for the establishment of a just and free society. Constitutionally, the State is duty bound to establish a Democratic Socialist Society, the objectives of which should include the following:
Article 27 (2):

(a) the full realisation of the fundamental rights and freedoms of all persons;

(b) the promotion of the welfare of the people by securing and protecting as effectively as it may, a social order in which justice (social, economic and political) shall guide all the institutions of the national life;

(c)the realisation by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing, the continuous improvement of living conditions and full enjoyment of leisure and social and cultural opportunities;

(d) the rapid development of the whole country by means of public and private economic activity and by laws prescribing such planning and controls as may be expedient for directing and co-ordinating such public and private economic activity towards social objectives and the public weal;

(e) the equitable distribution among all citizens of the material resources of the community and the social product, so as best to subserve the common good;

(f) the establishment of a just social order in which the means of production, distribution and exchange are not concentrated and centralised in the State, State agencies or in the hands of privileged few, but are dispersed among and owned by, all the people of Sri Lanka;

(g) raising the moral and cultural standards of the people and ensuring the full development of human personality; and

(h) the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels.

The Constitution also says: (Article27 (4)) “The state shall strengthen and broaden the democratic structure of government and the democratic rights of the people by decentralising the administration and by affording all possible opportunities to the people to participate at every level in national life and in government”. (Article 27 (7) “The State shall eliminate economic and social privilege and disparity and exploitation of man by man or by the State”. … and (Article 27 (13) The State shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social and to protect them from exploitation and discrimination.”

Our Constitution furthermore says (Article 27(14)) that the State should also protect and preserve and improve the environment for the benefit of the community. We are duty bound in terms of Article 27(15) to promote …co-operation and the establishment of a just and equitable economic and social order and should endeavour to foster respect for international law and treaty obligations in dealings among nations. Let me reproduce Article 28 as well for your information:

“(28) The exercise and enjoyment of rights and freedoms are inseparable from the performance of duties and obligations and accordingly it is the duty of every person in Sri Lanka –
(a) to uphold and defend the Constitution and the law;
(b) to further the national interest and foster national unity;
(c) to work conscientiously in his chosen occupation;
(d) to preserve and protect public property and to combat misuse and waste of public property
(e) to respect the rights and freedoms of others; and
(f) to protect nature and conserve its riches”

The framers of the 1978 Constitution had also introduced Article 29, which says – “The provisions of this chapter do not confer or impose legal rights or obligations and are not enforceable in any court or tribunal. No question of inconsistency with such provisions shall be raised in any court or tribunal.”

It is disturbing why the President, elected representatives (in all major parties SLFP, UNP, JVP and other minority parties in Parliament during the last few decades), bureaucrats, the intelligentsia and so on have totally forgotten and disregarded all salient principles shown under Article 27 in running governance and enacting laws in the country for decades. We should now urge law makers and others that they should honour the relevant principles, from now onwards at least, particularly when they attend to these onerous duties.

Dr. B.R. Ambedkar, who drafted the Indian Constitution had said – I quote, “However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good.”

Ours is one of the oldest democracies in the whole world. It is the political parties that are cornerstones of any representative democracy. Political scientist had said political parties are a necessary evil in the present context. Leaders should not abuse their political positions. In our country, political parties are unregulated. We now need special legal provisions to stop “sinister combinations” to build up a well-functioning political system for the benefit of the people. We need to stop elected representatives being sold for millions and billions because politicians seek to win elections and gain power in order to manage government institutions to rob the country again and again.

Our political parties do not perform their critical functions genuinely in a multi-party system and they contest elections purely to gain power, by any means necessary. They have thereby established a ramshackle, pathetic and weighty democracy, which truly does not express the popular will of the people. The overall aim of these parties should be to create a multi-party system that is:

• Representative 
• Transparent
• Foster accountability
• Effective and efficient

Furthermore, when they are out of power, they present themselves as the messiahs for alternative government and prove to gullible people undemocratically that if they are elected they would provide better solutions, constructive, ethical and necessary leadership to lead the country to achieve growth and development. After they are elected, they forget that they have been given a mandate by the voters to fulfil the pledges they made at the time of the campaign. They disregard the fact that there is an obligations to fulfil the pledges. However, they do not include anti-corruption measures, etc., in their governance activities, because both sides have robbed government funds.

We saw how police escorted the Speaker into the Chamber. In addition, we saw how they were behaving like animals. The MPs were in a massive brawl almost killing each other. This was a disgrace to all of us. Party leaders are the root cause of all these problems. They do not act responsibly. It was very well seen how both UNP Leader Ranil Wickremesinghe and former President Marhinda Rajapaksa behaved when the party-members were misbehaving in the House.

The British High Commissioner had said, I quote – “Sri Lankans have again seen deplorable behaviour by some MPs, unbecoming of them and of their noble institution.” He had added: “No parliament can perform its role when its own members stop it from doing so.”

There is a belief that countries such as Singapore, Korea became successful because they had strong authoritarian styled governance. Ours is a country where our leaders were utterly inefficient, ineffective, self-centred, dishonest, rent-seeking. They did promote cronyism. They did not promote policies such as meritocracy, incorruptibility and effective strategies.

In Singapore, Lee Kuan Yew since 1959 implemented the policy of meritocracy, which was the guiding principle of the People’s Action Party (PAP), who served for three decades. LKY had stressed that development is essentially not only economic growth, but equity, social justice and the effective exercise of human rights. The role of good government is to guide the country along a course leading to the desired goal, namely development.

Our systems have virtually collapsed. Our rulers have for the last few decades extracted everything for their personal benefit. They were unable to take advantage of our huge potential for growth. They have continually destroyed and discouraged incentives, innovations and sapped the talents of the citizens having created a hell for the citizens.

Sri Lankans have used the ballot to send many governments home since independence. We must rise up and build the nation. President Abraham Lincoln had said: “The ballot is stronger than the bullet.”

Therefore, for a democracy to perform better, it is necessary to have a wise and effective leadership with a clear vision and a strong sense of commitment.

However, it is fortunate that there is an environment at present for a serious exchange of ideas. Such a contest, however, should be undertaken by serious-minded voters who are able to base their thinking on logical arguments and reason. I strongly believe we need a third force.

(This is the third and final part of this series of articles.)

Is it going to be a Rajapaksa or Sirisena; MR and Maithri to decide!

BY GAGANI WEERAKOON-JAN 13 2019

President Maithripala Sirisena, as he completed four years in office, acknowledged there were instances of failures in implementing certain programmes when fulfilling aspirations of those who voted him to power with faith and vowed to turn the lessons learnt from those defeats to victories in future.

While declaring open the new Laggala Green Town - country’s first such town - on Tuesday (08) morning, President Sirisena also invited all interested parties to join hands in building a stronger programme to eradicate frauds and corruptions.

“The lessons learnt through defeats and setbacks in the past four years will be used as a blessing in achieving new heights in curbing corruption and defeating frauds in the country,” he added.

CC finally accepts

An apparent tug-of-war between the Executive and the Constitutional Council in appointing Judges to Supreme Court finally came to a conclusion on Monday (7) when President Sirisena finally gave-in and sent the list omitting one name from his previous lists.

Accordingly, three Judges of the Court of Appeal, including its President, were elevated to the Supreme Court, while a High Court Judge was elevated to the Court of Appeal on Wednesday (9).

President of the Court of Appeal, Justice Preethi Padman Surasena, Justices President's Counsel S. Thurairaja, and E.A.G.R. Amarasekara were elevated to the Supreme Court, while High Court Judge K.P. Fernando was elevated to the Court of Appeal.

They took oaths before President Maithripala Sirisena at the President's official residence.

The Constitutional Council (CC) convened under Speaker Karu Jayasuriya at the Parliament complex Monday (7) morning and attention was drawn to the nominees mooted by President Maithripala Sirisena to fill vacancies in the Superior Courts.

The vacancy that fell vacant with the retirement of Supreme Court Judge, Justice Eva Wanasundera was ratified unanimously by the CC.

The nominees proposed by the President previously to fill the two vacancies in the Supreme Court and the vacancy at the Court of Appeal were also ratified during the meeting held by the Constitutional Council.

Those in attendance were Prime Minister Ranil Wickremesinghe, Opposition Leader Mahinda Rajapaksa, Minister of Justice Thalatha Atukorale, Janatha Vimukthi Peramuna Parliamentarian Bimal Rathnayake, Jayantha Dhanapala, Nagananda Selvakumaran and Javed Yusuf.

There were three vacancies in the Supreme Court following the retirement of former Chief Justice Priyasath Dep PC, Eva Wanasundera PC, and the vacancy that fell when Justice H. Nalin J. Perera was appointed Chief Justice. It is a norm to elevate the President of the Court of Appeal to the Supreme Court when a vacancy arises in the latter. There was one vacancy in the Court of Appeal.

The names of Court of Appeal Judges, Justices E.A. Gamini R. Amarasekara, S. Thurairaja PC, Deepali Wijesundera and K.K. Wickramasinghe, along with High Court Judge K.P. Fernando were in the fray to fill in the vacant slots.

Article 107 of the Constitution holds that the Chief Justice, the President of the Court of Appeal and other Judges of the Supreme Court, and the Court of Appeal shall, subject to the approval of the CC, be appointed by the President.

Dudley factor

By last week, it was made aware from the side of the Sri Lanka Freedom Party that President Sirisena in fact, would be their Presidential candidate. This however, has not been ratified by any other political party in the UPFA or by Mahinda Rajapaksa-led Sri Lanka Podujana Peramuna (SLPP) so far.

However, it was made clear by both President Sirisena’s side as well as from the Opposition Leader Rajapaksa’s camp that the two parties will have to go into a broader coalition when contesting future elections. This may vary when it comes to Provincial Council Elections or a General Election, but President Sirisena-led SLFP will definitely need the support or the campaign leadership of Rajapaksas to win a Presidential Election.

It is learnt that the duo is expected to meet and reach a decision next Monday (21) on the formation of the coalition and the candidate. The talk is that President’s younger brother, business tycoon Dudley Sirisena has had a greater influence in bringing the duo together on one platform. He was strongly believed as the man who played a major role in mending the tainted relations between Rajapaksas and Sirisenas.

It is in the midst of this that the Chairman of Araliya Group of Companies admits during an interview with a vernacular language newspaper that he may enter active politics only if his brother President Sirisena asked him to do so. This, in fact was the similar sentiments expressed by Rajapaksa’s younger brother Gotabaya Rajapaksa in the recent past whenever he was posed the question of his readiness to enter politics or contest the Presidency.

 Dudley Sirisena also announced his plans to launch an anti-corruption organisation by joining hands with scholars, professionals, media and business community aiming to put a stop to corrupt activities carried out by politicians and officials and to direct the government on the path of good governance to accelerate the development work in the country.

Addressing a gathering in Colombo, on Wednesday (9), Sirisena announced that following the elections this year, he is planning to create an organisation, under the leadership of President Sirisena, to promote good governance practices and to influence the government, as the country has reached a boiling point, due to the sustained corruption. He said this will not be linked to the Government.

In what appeared like echoing his Presidential brother’s sentiments he, in particular, blamed the politicians and officials who attended the top schools in Colombo for ruining the country’s economy.

“The people who went to top schools in Colombo were responsible for destroying this country. All these people need to be sent to schools in Polonnaruwa first,” he said.

Sirisena also criticised the corrupt officials and politicians who were hindering foreign investors coming to Sri Lanka by demanding bribes, which ranges between 5 per cent and 50 per cent of the investments.

“There have been certain individuals who were demanding 5 per cent, 10 per cent, 15 per cent, 20 per cent and even 50 per cent from foreign investors for their investments during past years. We will definitely implement a programme against these corrupt activities carried out by corrupt individuals this year,” he stressed.

Sirisena claimed that none of the Board of Investment (BOI) projects signed within last one to two years were completed, except for the projects carried out by his company. He said he would reveal these corrupt activities via the Media in the coming months, while urging for the support of the media.

Sirisena also revealed that five well-known figures in Sri Lanka’s business community have invested US $ 673 million recently in Indonesia alone, as the conditions in the country have become unviable for local businesses.

“When I visited Indonesia seven to eight months ago, I met Sri Lanka’s Ambassador to Indonesia and he revealed to me that five well-known Sri Lankan businessmen have invested US $ 673 million in Indonesia, which was more than the US $ 500 million spent by the Central Bank in defending the rupee against the dollar during the past few months.

Why did these people go there? Because of raw materials, labour cost, tax issues, etc.” he said.

MPs protest Malik

A group of UNP MPs have expressed their anger and rage against Minister of Development Strategies, International Trade, Science and Technology and Research, Malik Samarawickrema at the party group meeting held in Parliament, on Tuesday(8).

MPs including Hesha Vithanage, Chaminda Wijesiri have criticised Minister Samarawickrema’s attitude. They alleged that Minister Smarawickrema did not permit them to enter his Ministry when they went there. They accused the Minister of saying that he does not listen to MPs of the ruling party and that he was arrogant.

They stressed that his Ministry was of no use to the public and was a white elephant and that the Ministry should fold up.

However, Minister Smarawickrema has assured the MPs that they could meet him once an appointment is made.

“I did not know anybody was to come as I did not invite anyone there,” he snubbed.

These MPs were of the view that it was not only Minister Samarawickrema who behaved in such a manner and that there were others as well.

Meanwhile, Prime Minister Ranil Wickremesinghe has pulled up several UNP Cabinet Ministers for not attending party meeting, yesterday.

Wickremesinghe has appointed a Committee to look into issues that have arisen with regard to Ministers and the inability to meet them. The Committee is headed by Chairman of the Party, Kabir Hashim
BY GAGANI WEERAKOON

Govt delegation to begin negotiations with IMF in USA

Monday, January 14, 2019

A Sri Lankan delegation led by Minister of Finance and Mass Media Mangala Samaraweera arrived in Washington. This is to hold talks on getting the IMF External Fund Facility (EFF) back on track and indicate the government’s intention to continue with the IMF reform program.

“A key objective will be to negotiate the trajectory of continued fiscal consolidation while accommodating policies to support growth and strengthen the social safety net,” a Finance Ministry statement said.

The team includes Governor Central Bank Dr. Indrajit Coomaraswarmy, Non-Cabinet Minister Dr. Harsha de Silva and Treasury Secretary Dr. R. H. S. Samaratunga.

The team will meet IMF Managing Director, Christine Lagarde, Deputy Managing Director, Mitsuhiro Furusawa, Director, Asia Pacific Department, Chanyong Rhee, Team Leader Manuel Goretti and other members of the IMF Sri Lanka Team.

Sri Lanka had just completed talks with the IMF on getting the next tranche of its loan in October 2018 when a political crisis triggered by sacking the Prime Minister interrupted the process.

The government is keen to raise US$ 1.9 billion from the international money markets.

Meanwhile Deputy Minister of National Policies and Economic Affairs, Dr. Harsha de Silva in his twitter message has indicated that that they are planning to discuss Sri Lanka’s extended fund facility (EFF). Dr De Silva said that Sri Lanka has lost nearly US$ One billion reserves due to the recent political crisis.

The IMF put on hold the program discussions on the 5th review of the Extended Fund Facility during the 52 day political crisis which began last October.

Sri Lanka’s three-year extended arrangement was approved on June 3, 2016, in the amount of about US$ 1.5 billion and with the latest tranche disbursed in June 2018, the IMF has disbursed about US$ 1.014 billion.

After completion of the fifth review Sri Lanka is expected to receive a sixth tranche of about $250 million. The total loan was expected to have been disbursed with a seventh tranche by mid-2019. 

How to handle Sirisena’s last gasp

Putting the next 51 weeks to use while awaiting Sirisena’s departure

Kumar David-January 12, 2019, 9:01 pm 

In fifty-one weeks at most Sirisena will be history but it will be a long and trying fifty-one because what capers he may get up to in the interim are unforeseeable. People speak of Trump as idiosyncratic, erratic and gaga but there is method in his madness. You know what he wants though his devices are sordid. With our man no one knows what processes have taken hold of the befuddled recesses of his head nor of the dark regions of the crania of the weirdos advising him.

He blandly admits that his Gazette stipulating ministerial functions was erroneous. Why? Because he was scampering around like a headless chicken. Did anyone foresee he would fire all nine provincial governors and replace some with anti-Ranil stalwarts or pro-Sirisena pseudo intellectuals or Chandrika partisan SLFPers to persuade the latter to switch loyalties from Chandrika to him? Some new Governors have an unconcealed interest in the politics of the provinces. All his appointments are blatant misuse of the office of president. ‘We the public’ must be vigilant, throwback every excess, take him to court whenever reasonable and organise to rebuff every wrongful act. Damage control then is the first essential task of the citizenry. It does not matter if one is UNP, SLFP-PP, JVP or TNA – it is our common task in this messy period.

Though all is uncertainty there is one clear beacon since a constitutional amendment is most unlikely. There will be presidential elections by the end of this year and nominations will be called between August and October. Once that bridge is crossed Sirisena will count for zilch. His antics thereafter will be ignored by police, military, parliament and government. A duty that ‘we the public’ must commit ourselves to is to ensure that there is no hanky-panky and that all electoral processes go smoothly. A vigilant citizenry must keep the Elections Commission on its toes. This is the second big task on the plate of ‘we the public’.

Allow me to divert to partisan issues for this and the next paragraph. There is uncertainty about presidential candidates though the UNP is spoiled for choice – Ranil, Sajith and Karu. Nobody at this time, the UNP included knows who’s best. And if a constitutional amendment is on the way who would want to be a lame duck president for a few months? And no one knows how the choice of candidate is being dealt with in the Rajapaksa camp. Is there an active debate, if so who is included, or is it going to be left to Mahinda and those he chooses to consult? Drumbeaters Vitrana, Vasudeva, Weerawansa, Gamanpilla and their views are expendable trash for the Rajapaksas. Received wisdom is that Gota is still the front runner with Chamal a possible second choice; Basil is a sure loser. Someone mumbled in his sleep that the Paksa-camp may nominate Sirisena, but is the UNP going to be gifted with such an easy walkover?

It seems Gota has left it a bit late; not only must one renounce US citizenship but the State Department must accept it. This is where difficulties may arise as there have been human-rights accusations against him in Geneva and corruption cases are pending in the local courts. Will the US be constrained to monitor these to conclusion before deciding whether an enmeshed citizen can be deemed to be of no interest to the American legal system? And, of course, mischievous plaints can be filed by private parties praying the American courts to defer ratification of renunciation until these issues are resolved. I am no expert and a comment from someone who can explain whether a Gota renunciation of US citizenship could run into delays will be useful. Anything like this will be a blow to the Paksa-camp and cripple its next-to-Mahinda-himself best option. On the other hand, it is also possible that Gota has already set the wheels in motion but the Paksa-camp is keeping it under wraps.

Back to non-partisan issues; we have never experienced a runoff presidential poll before but if the impact of two ‘spoiler’ candidates is included this is time it is possible (assuming the constitution remains unchanged). The ‘spoilers’, a JVP nominee and Vigneswaran. Imagine that they poll 7.5% each or 15% between them, leaving the principal contestants from the UNP and the Paksa-camp to battle it for 50%+1 out of the remaining 85%. It is most unlikely that there could be a 50:35split; the gap is too big, so a runoff will be needed. Even if the two (or one or three) ‘spoilers’ bag only 10%, securing a 50:40 split of the remaining vote is not easy. Under these possible complications ‘we the public’ must exercise heightened vigilance to ensure that all is done properly. This will be a third important task on our plate in during the next year.

Sirisena’s political death rattle is becoming ever weirder; what is he up to and for what purpose? Delay in Gazetting subject allocation to ministries, twirling provincial governorships, setting up his own committee without whose approval ministers will not be allowed to appoint heads of institutions are some ways in which he is making himself a gadfly biting at the workings of the UNP government. (A vetting process to keep riff-raff out of corporate directorships and chairmanships is in itself a good thing but will not be properly used in today’s intensely partisan atmosphere). Maybe in collusion with the Paksa-camp the objective is to make the country ungovernable discrediting the UNP government during its few months in office.

Or better still in the Paksa-camp’s mind, would be to force the UNP, in desperation, to agree to parliamentary elections before elections to a current-style presidency. In this case dissolution will have to be forced within months. Come the latter part of the year the focus will shift to the presidency and to pushing out Sirisena. The common position that ‘we the people’ can unanimously endorse is that at a minimum a new president must be in office by January 2020 and a new parliament elected by August the same year. Let this be a minimal fourth imperative.

With what storyline is the Paksa-camp keeping the embers of hope burning in the heart of this avaricious man? Does he imagine that there is a chance in hell that the Paksas will nominate him only to lose the election by a landslide? Or does he calculate that he can hold the Paksas to ransom by threatening to take away the 10% SLFP vote from the SLPP pool? Excessive speculation will serve us no purpose because much is hidden by protagonists on all sides, everyone is lying through their teeth and unforeseen interventions and quirks are likely in the nine months to presidential nomination when Sirisena fades into perpetual obscurity.

Throwing back the challenge to democracy is what the citizenry must do for its own sake, not because of illusions about the UNP’s despicable reputation on rights issues from JR’s time with his adoring nephew Ranil in tow. A timely reminder of JR-style democracy appeared in the Island of 2 January, "Who can save Sri Lanka?" by T.M. Premawardana. It is one of the most inspiring short political articles on Sri Lanka that I have read in recent years. (Translated by Fr. J.C. Pieris, the Sinhala original may be available from thamuprem@yahoo.com); but I don’t want to digress from the theme of this piece.

The huge question mark is whether presidential or parliamentary polls will come first. As the law stands the former must be all done and dusted by January 2020 while parliamentary elections can in theory be deferred till August 2020. (I am not knowledgeable enough to say anything about the long overdue provincial elections). It would be wise to hold back parliamentary elections till after Sirisena is out of the way. The UNP will see tactical advantage of not having to campaign with a hostile person in control of the state machine, but that’s not my point. I say ‘we the public’ should exert forbearance and for the common good and see the back of Sirisena before conducting parliamentary election. So far, I have enumerated five responses to the question in my title "How to handle" the next few months.

Lakshman Kiriella has got himself into the business of spewing asinine remarks. He has had an emotional eruption about not being given enough departments to manage (it has been partially rectified). The said Kiriella moans that he "cannot face his supporters" without a bagful of goodies in his basket. He sees a portfolio as a god given right; perish the thought that politicos should be servants of the people! Kurunegala UNP MP Palitha Range Bandara did a capital job in exposing the offer of a bribe of Rs 500 million but when a goodly portfolio was not offered as a santhosam he threatened to "take a tough decision", presumably desert the UNP. These slime balls have no concept of public duty and the role of the politician as a servant of the people. Nurturing a new breed of politician is more than can be done in a few months so I leave it out of today’s list.

The outcome of the next parliamentary election you can bet is not known even to the corniest astrologer. One year ago, in February 2018, it seemed the Rajapaksa juggernaut was reaching for the stars. The Mahinda-Sirisena antics of the last few weeks has damaged Mahinda’s image, but by how much? Don’t believe anyone, either way, till it is put to the test at the election itself. However, one fundamental task will not go away and is of utmost importance for ‘we the people’; a new constitution repealing the Executive Presidency, ensuring devolution of power to the minorities and strengthening democratic rights beyond 19A’s laudable achievements is an imperative.