Peace for the World

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

Thursday, January 17, 2019

Comedy of Errors in Politics!


Friday, January 18, 2019 -Fr. Leopold Ratnasekera O.M.I.

Although it is high time to put the recent unprecedented constitutional crisis behind us without brooding over it too much, yet it would be useful to probe into the lessons we can learn as a country from that sad episode. Was it a result of defective legal advice? Did it precipitate due to sheer force of circumstances beyond one’s control? Was it triggered by personal vested interest? Or, was it mere fancy and folly? A gloomy fifty-one day recent drama in our motherland witnessed one of the worst comedy of errors in the history of post-independence national politics. All of a sudden, wave after wave, the country rose to the shocking news of the deposing of the sitting prime-minister and the installation of a new prime minister with some ministers taking office at the same time.

The media and political commentators jumped at the news and lo and behold, the TV channels and evening late editions of national papers gave the startling event the broadest of headlines it deserved. Many felt this change to be too drastic even if it was thought to have been justified and thus pursued hastily. However, the whole land turned topsy-turvy. Much of the international world took it with lot of displeasure, with some even condemning it outright and challenging the government to act always in respect of the Constitution. As a result, gradually over the month, the stock exchange dwindled, the foreign investors suspended their projects, the international monetary agencies ceased releasing aid and funds and the tourism industry just flattened with many airlines and hotel bookings cancelled almost overnight.

Further, the rupee continued its lousy downward trend. Pandemonium reigned in the House of Parliament with sessions disrupted by the most despicable and boorish behaviour ever staged within this sanctuary of democracy by these so-called people’s representatives. The unruly and erratic politics of the ensuing weeks ended with the government boycotting the proceedings itself of the parliament. For the first time, Sri Lanka entered the Guinness record as the first-ever country in modern times, where the appointed government boycotted the parliament and its deliberations with only the opposition sitting and passing resolutions with a majority!

It could not but be a hilarious and strange comedy of errors! Is this, we as concerned citizens may ask, the state of our national politics after 70 long years of national independence from colonial rule? Who is running our country, cheating our people, robbing their civic right of franchise, dragging this pearl of the Indies into rack and ruin? Are they genuine Statesmen of stature of which the nation can be proud of or just a bunch of immature and heartless politicians vying for power drunken with greed looking for position, vested interests and fringe benefits?

Politics is a service to people

This whole strange and shocking phenomenon of unexpected, radical political change and confusion however proves providentially to be an occasion for the enlightenment of the masses, at least for those who are looking for genuine political leadership and clean politics in general. By now, the pseudo-actors have shed their bearings and revealed their real identity. There has been too much bribery and corruption that have invaded the governing ranks staining the image profession of politics, noble as it is. Too many in government have been found blatantly guilty of embecillement of funds as well as abusing and misappropriating public and state property. The culture of waste has ruled their erratic way of life and when dealing with situations. We have reached a stage where it is extremely difficult as ordinary citizens to identify clean and honest politicians who take on this profession becoming servants of the people.

Few have taken to politics for self-aggrandisement as well. All kinds of scams of small and high magnitude have throttled the country and impoverished it in many ways. Some good and abiding lessons must be learnt from this sad episode that should stand us in good stead for years to come in re-building our future. The controversial issues surrounding an executive presidency with excessive powers and unclear points in the text of the Constitution opened to multiple interpretations made these issues more complicated and difficult.

The scenario that featured presidential decisions and the subsequent appeals made to the judiciary at different levels with the Supreme Court delivering its verdict made up the various contrasting and odd scenes of this national political drama. It was in one simple word a horrible spectacle to behold. The whole constitutional system had created a hornet’s nest: a bundle of contradictions.

It was a good opportunity providentially for the people of the land at large to see and perceive the chaos that can overtake a country when it is sunk in unstable political conditions in its governance.

The chances for disarray are evident in such a tottering system. What now urgently needs to be done to heal this terrible wound and avert similar tragedies in the future are open questions that still beg for satisfactory answers. Should the solution come from a reform in the Constitution itself or should it come from authentic conversion of politicians to decency and truthfulness in the way they go about their obligations and duties? Or else, do the people en masse need some good enlightenment and conscientization about their political choices instead of being dragged away by rosy pledges of flattering election manifestoes much of which is often not achieved! These are hard questions that need uncompromising answers. The country looks to the governing leadership to search painstakingly for these required answers. It is time that politicians of all hue look at this crisis dispassionately and collaborate in seeking a way out of this mess in a way that will augur well for our dear motherland.

The urgent needs of the moment

* National issues
Notwithstanding the bone of contention around the need of a new constitution or the thrust on economic development, there is a complex of issues at bay that have to be faced and sorted out. There looms the decades-old imperative of devolution of power into the provinces in order to solve the national question.
The national and international debts running into billions of dollars will continue to be an nauseating burden until we are capable of giving up our begging bowl and are strong enough to rely on our own financial resources. Our economic policies have to look for more and more foreign direct investments which not only would boost our income but also provide opportunities for our large number of unemployed graduates. The export sector has to look into newer categories of products in addition to embellishing the traditional exports of tea, rubber and coconut, not to mention the new technology needed to enhance production in these spheres.

The apparel and textile industries have to be expanded. Being an agricultural country and needing an agro-based projects of industries, the farmers need to be given a helping hand to improve on their techniques and be assured of the unfailing supply of water and fertilizers. Will some government launch a massive mega-project to manage the immense amount of water that cascade on our land during torrential rains, instead of these waters inundating the paddy fields, destroying life and property, frustrating farmers and eventually flowing into the sea! What have the successive governments of the last 70-year period of independence done regarding this matter of conservation of water that nature gives us so much in abundance during these torrential rains? What about refurbishing the number of tanks that are already being neglected that will prop up agriculture when the rains cease and the dry season comes along?

* Political ethics

The moratorium on taxes forthwith that burden ordinary people and the lowering of the living index can easily be achieved by avoiding waste of excessive and unnecessary expenditure in the state-sector and government. One here raises the simple question of large fringe-benefits to those holding government positions in the ministries, the parliament and those in local government. It concerns vehicles and the exquisite plethora of allowances that can easily be scrapped. Of course, there is the radical need of crying a halt to fraud, bribery and corruption at all levels and an imperative call to all in government to adopt a simple life-style.

As a country constantly with the begging bowl at the mercy of international funding agencies on the one hand, and crushed under heavy national and international debts, we just cannot justify them wallowing in such a high lucrative life-style. What is required is not aid, but mechanisms at improving our trade and augmenting our reserves! While education must be skill-oriented opening channels for greater employment, the most vicious social evil of the drug trade that menaces our youth has to be arrested forthwith. The kind of national politics in vogue must be to our youth a source of hope instead of frustration and mistrust.

The recent shocking tragedy provides good education also to the masses of our country who are often called to elect their representatives who are not expected to be guilty of breaching public trust. They must realize that the sovereignty of people means that the country belongs to the citizens and politicians are only the care-takers of the motherland and providers of the needs of the people. Their politics must be at the service of the people, of their needs, security, prosperity and peace.

Though multi-party politics is a basic tenet of democracy and a lofty one, it should not be so divisive and deceptive that it leads a land to economic bankruptcy, political instability, unbearable high cost of living for the poor and the most vulnerable, abuse and misuse of national assets, creating social unrest and disunity and finally leading us to the brink of a failed-state. As long as sovereignty of the people and the noble ideals of democracy are maintained, we can be assured of a steady march of the nation towards peace and prosperity. It is time that all political leaders and the parties they lead rise up to a level of mature and insightful politics in the interest of the common good of the motherland, without fostering disruptive agendas and creating hornet’s nests that will infallibly deny us, a prosperous and hope-filled journey forward.

Appointing of chairmen and directors to public institutions


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By Dinesh Weerakkody- 

To improve SOEs’ performance and following many controversial appointments to state-owned enterprises in the past, President Maithripala Sirisena has issued fresh instructions on selection criteria in a bid to eliminate controversial and poorly qualified candidates. Issuing a circular to all Ministry Secretaries, President’s Secretary Udaya Seneviratne informed all Ministry Secretaries that all appointments should be first cleared from his office.

The Prime Minister also has said it is a good concept to follow when appointing people to key institutions. The President has proposed to appoint a committee comprising public officials to decide on these appoint. The quality of the appointments will however depend on the quality of the people appointed to select the directors and chairman. This should have also been the case for selecting secretaries to key ministries. Given the capability and bandwidth of our public service, the ability to effectively match skills and personality to a specific job function has always been challenge. In the private sector this is a aital component of successful management and leadership.Picking the wrong person for a key task in the government has been a major reason for failure in the public sector and for squandering tax payers money.

The other challenge for the public sector is paying a competitive salary. This is crucial to recruit and retain top talent.To recruit and retain well-qualified and professional human capital, it's vital to pay a salary that matches or exceeds industry. This is not possible in the public sector.

Ministries

The other challenge is the allocation of institutions to ministries, it would be prudent to allocate them on the basis of similarity of subjects. In the past subjects & institutions have been allocated to ministries illogically. For example, all institutions under the Banking & Finance sector (excluding Employees Trust Fund Board), all institutions under Insurance & Lotteries and Hotel Developers Lanka Ltd (under Marketing & Distribution), Lanka Hospitals Ltd (former Apollo Hospital) have been allocated to the Ministry of Public Enterprises . The Central Bank of Sri Lanka, which regulates all banks and financial institutions, was under the Ministry of Economic Affairs & National Policy. Thus the financial policy of the government has to be implemented by two totally different ministries. This resulted in conflicts of policy. Therefore it was prudent to cluster the central bank and all state banks & Financial Institutions under the Finance Ministry.

Similarly, other state owned enterprises can be allocated to ministries with related functions. For example, the institutions under Health must be slotted in under the Ministry of Health while the Ministry of Media which should be an independent ministry, must have the institutions named below ( under media) under it.

Benefits

Proper clustering of institutions with similar functions in one ministry will automatically ensure the concentration of experts in that field in that ministry. It will enable the minister in charge to strategize and focus on the development of the functions and optimize the income generation opportunities of institutions under him. To do this he needs a competent team.

ALLOCATION OF INSTITUTIONS TO MINISTRIES

These are the institutions that are under the purview of the Parliamentary Committee of Public Enterprises (COPE):

Banking & Finance

• Bank of Ceylon

• Peoples Bank

• National Savings Bank

• State Mortgage and Investment Bank

•Housing Development Finance Corporation (HDFC)

• Lankaputhra Development bank

• Pradeshiya Sanwardena Bank

• Sri Lanka Savings Bank

• ETF

Insurance

• Sri Lanka Insurance Corporation

• National Insurance Trust Fund

•Sri Lanka Export Credit Insurance Corporation

•Agriculture and Agrarian Insurance Board

Energy

• Ceylon Electricity Board

• Ceylon Petroleum Corporation

Ports

• Sri Lanka Ports Authority

Water

• National Water Supply and Drainage Board

Aviation

• Airport and Aviation Services (SL )Ltd

• Sri Lankan Airlines

• Mihin Lanka

Commuter Transport

• Sri Lanka Transport Board

Construction

• State Engineering Corporation of Sri Lanka

• Central Engineering Consultancy Bureau

• State Development and Construction Corporation

Livestock

• Milco Ltd

• National Livestock Development Board

Plantation

• Sri Lanka State Plantations Corporation

• Janatha Estates Development Board

• Kurunegala Plantations Ltd

• Elkaduwa Plantations Ltd

• Chilaw Plantations Ltd

• Kalubovitiyana Tea Factory Ltd

• Sri Lanka Cashew Corporation

Non Renewable Resources

• Lanka Mineral Sands Ltd

• Lanka Phosphate Ltd

• Kahatagaha Graphite Lanka Ltd

Lotteries

• Development Lottery Board

• National Lottery Board

Health

• State Pharmaceuticals and Manufacturing Corporation of Sri Lanka

• Sri Lanka Ayurvedic Drugs Corporation

• State Pharmaceuticals Corporation

• Sri Jayawardenapura General hospital

Media

• Independent Television Network Ltd

• Sri Lanka Rupavahini Corp

• Sri Lanka Broadcasting Corporation

Marketing & Distribution

• Sri Lanka Handicraft Board

• State Timber Corporation

• STC General Trading Company

• Lanka Sathosa Ltd

• State Printing Corporation

• Ceylon Fisheries Corporation

•Ceylon Fishery Harbour Corporation

• Ceylon Fertilizer Company Ltd

• Colombo Commercial Fertilizer Company Ltd

• Hotel Developers Ltd

Way forward

State institutions can best serve national, economic, and social goals by performing efficiently and effectively and thereby generating surpluses and contributing to the national budget.SOE management therefore, must encourage a competitive work culture by hiring and retaining talented individuals and encourage meritorious people to join them. The perception that SOEs are hierarchical and bureaucratic, where job promotions are based more on personal connections and seniority rather than performance discourage talented people to join their ranks.

Therefore, performance-based competitive salary and benefits packages must be designed to attract talented people to key institutions . Some SOEs such as China Mobile, the PRC’s largest mobile service operator, offer salary packages comparable to those offered by multinational corporations. When applicable, SOEs should therefore provide higher compensation packages for critical jobs and the selection must be done in consultation with people who have the ability to effectively match skills and personality to a specific job function.

Video: Protesting Prisoners At Agunakolapelessa Prison Brutally Assaulted: Attack Carried Out Under Fake Government


The Committee to Protect Prisoners’ Rights today revealed that prisoners who protested Angunakolapelessa Prison Superintendent’s conduct and the STF raids in the prison premises were mercilessly beaten by authorities on November 22, 2018.
The organization, addressing a press conference in Colombo this morning, released several videos illustrating how the Police and prison authorities carried out a brutal attack on the protesting prisoners.
The committee also urged the government to initiate an investigation into the assault on the prisoners and penalize those responsible for the attack.
The incident took place under the watch of the “fake government” headed by President Maithripala Sirisena and the fake Prime Minister Mahinda Rajapaksa.
The prisoners carried out the protest atop a tower in the prison premises against the conduct of the Superintendent of the prison and the constant searches carried out by the STF. About 100 prisoners took part in the protest.
Part – 1

Part – 2

Part – 3

Part -4

Part – 5

Watch 20 videos here:

Roche case against NMRA dismissed: Judgment strengthens regulator’s resolve

For more biosimilars in Sri Lanka


In March 2016, a case was filed in the Court of Appeal (CA) by Swiss pharmaceutical giant Hoffmann-La Roche Limited and its local agent A. Baur & Co. Limited (petitioners) against the National Medicines Regulatory Authority (NMRA) (respondent) challenging the decision taken by the medicines regulator to grant registration to the first trastuzumab biosimilar in Sri Lanka.


2019-01-18


Herceptin, developed and marketed by Roche, was the only brand of trastuzumab available in the country at the time. Initially, the court granted interim relief to the petitioners preventing the sale and distribution of the trastuzumab biosimilar in response to the ex parte application made by Roche. The court subsequently vacated the stay order noting the petitioners had deliberately refrained from giving notice to NMRA of their intention to apply for interim relief. The court also noted that such interim relief would enhance the sale of Herceptin marketed by Roche and in the process, establish a monopoly for it, and concluded interim relief would never have been granted if the court had the benefit of an inter parte inquiry. This allowed NMRA to grant market authorisation to other trastuzumab biosimilars as well, breaking Roche’s monopoly for trastuzumab in Sri  Lanka. The case was finally dismissed by the Court of Appeal in October 2018.
Speaking to Daily Mirror  NMRA Chairman Prof. Asita de Silva said it was a major victory for the national medicines regulator in Sri  Lanka against a multi-national giant and acknowledged the support extended by the Attorney General’s Department, in particular Ms. Farzana Jameel and Ms. Chaya Sri Nammuni, for excellent legal counsel.

"Biosimilars are complex products composed of proteins, sugars or nucleic acids"


“The judgment strengthens NMRA’s resolve to increase patient access to this expensive class of medicine by registering more biosimilar medicines in Sri Lanka.” According to NMRA, Roche which developed and introduced the innovator trastuzumab (Herceptin) has lost global patents for the product since 2014. While refusing to reduce the price of this product used to treat a type of breast cancer even after the expiry of the patent, Roche has litigated companies developing cheaper alternatives as biosimilars to prevent their entry into the market. This has been done in numerous countries including South  Africa and India, in order to protect the market monopoly of their innovator trastuzumab, which in 2015 had a global sales value of approximately USD 6 billion.

A biosimilar medicine is described as a biological medicine that is developed, by a process of reverse engineering, to be highly-similar and clinically-equivalent to an existing biological medicine. Unlike conventional generic medicines -- which are made up of chemical compounds -- biosimilars are complex products composed of proteins, sugars or nucleic acids, or may be living entities. These products are developed to be highly-similar to an already-approved biologic medicine, known as the reference product, and have no clinically-meaningful differences in terms of safety and effectiveness from the reference product. “Biosimilar medicines provide a unique opportunity to help manage the increasing costs of biopharmaceuticals and increase patient access to this category of medicines, and competition among different biological medicines including biosimilar medicines, creates increased choice for patients and clinicians, increased commercial competition and enhanced value propositions for individual medicines” Prof. de Silva said.

"Four more brands of trastuzumab in market"


From Roche’s point of view, there is no legal framework in Sri  Lanka to register biosimilar medicines. However, NMRA states that from a scientific and regulatory standpoint, the active substance of the biosimilar is just another version of the active substance of the reference product. It is widely-acknowledged that the European Medicines Agency (EMA) has the widest experience in registering biosimilars as Europe has provided market authorisation to biosimilar medicines since 2006. Therefore, NMRA is guided by EMA guidelines for registering biosimilars in Sri  Lanka. According to guidelines issued by EMA, biosimilar approval/registration depends on a demonstration that chemical, physical and biological parameters are highly-similar to the reference biological product rather than a full clinical safety and efficacy programme in each indication for which the reference product is registered. “The cornerstone of any comparability exercise to establish bio-similarity is the extensive comparison of the physico-chemical and functional characteristics of the processes and molecules,” noted Dr. Kamal Jayasinghe, the Chief Executive Officer of NMRA.

NMRA further pointed out that in India, Roche litigated two biotechnology companies – Biocon and Mylan – against the manufacture and sale of their trastuzumab biosimilars in India, and at the Delhi High Court challenged the decision of the Indian drug regulator (DCGI) to register the two biosimilars for all indications of Herceptin. The court in March 2017 quashed Roche’s challenge and in its prima-facie view held that the Swiss drug maker did not have any right to claim ownership over trastuzumab for the rest of its life after enjoying the fruits of patent for many years. Roche is also under investigation by the Competition Commission of India (CCI) for alleged unfair business practices and competition norm violations including ‘frivolous litigation’ against competitors and misleading doctors by disparagement of competitors.

"Roche under investigation for alleged unfair business practices"


The College of Oncologists claimed that it wasn’t an aggrieved party in this case and that trastuzumab had been used for a long time. In response to this, NMRA pointed out that it was only the Roche brand of trastuzumab (Herceptin) that was available for a long time, giving them a complete monopoly in the market. Now there are four more brands of trastuzumab available -- which is what Roche wanted to prevent. Speaking on the benefits for patients, Prof. de Silva said the price of trastuzumab 440 mg was purchased by the Health Ministry for approximately Rs.250,000 per vial when only one brand (Herceptin) was in the market. “With the registration of four trastuzumab biosimilars in Sri  Lanka since 2016, NMRA has broken the monopoly enjoyed by Herceptin. Recently, the maximum tender price of trastuzumab was capped at Rs.95,000 per vial by NMRA through a gazette notification issued by the Health Minister. It is understood that an Indian-manufactured trastuzumab biosimilar -- which also holds registration with the US FDA -- has been quoted at Rs.47,000 per vial for the most recent government tender. As a result, the estimated annual saving to the government from this product alone is more than Rs.600 million. NMRA believes more patients can now be given access to this important medicine without incurring an additional burden on the National Treasury.”

Elimination of bribery and corruption

The politicians or the elected representatives of the people who steer State rule are the main source of corruption. Therefore, in making a new constitution, more powers should be given to the people rather than leaving it solely to politicians themselves – Pic by Shehan Gunasekara
logo Friday, 18 January 2019

Bribery and corruption can be regarded as a malicious cancer that has penetrated into almost every strata of Sri Lankan state. It can be considered a major factor affecting Sri Lanka’s poverty, backwardness and indebtedness.

Abuse of power by those who rule the country to accumulate wealth illegally and dishonestly for their personal gains has become a “permanent feature” in the rule of Sri Lanka from 1977 to the present. And for this reason alone, elimination of bribery and corruption should be made an important and prime goal in making a new constitution.

The politicians or the elected representatives of the people who steer State rule are the main source of corruption. Therefore, in making a new constitution, more powers should be given to the people rather than leaving it solely to politicians themselves.

The reason why the people should be more involved and given prominence in this exercise is not only because it is an accepted norm in the modern day constitution making to give more powers to people but, because it is most unlikely that all necessary provisions required for complete eradication of corruption will be incorporated in the constitution if the task is left only to the representatives of the Legislature, the main source of corruption.

Surely, one can not expect a genuine interest in eradicating bribery and corruption from the representatives of the Legislature who thrive on corruption and considered to be the source of the problem except from the people themselves who are the helpless victims of widespread corruption.

Even though the general public may have a genuine interest in eradicating bribery and corruption, one might probably question as to whether they possess the knowledge and experience required to participate in a meaningful manner in an onerous exercise like making a constitution. There is an element of truth in this question.

Considering this fact, measures are taken to include awareness programmes in the agenda of making a constitution to equip the general public with the knowledge on the subject. Consequently, constitution making will turn out to be a process that endows the public with the knowledge and discipline thereby, in the final analysis, making them good constitution makers.

Given below are a number of important and major factors that should be taken into consideration in making a
constitution:
a) A system must be established for all chief office bearers to take an oath in accordance with the nature of their responsibilities rather than one common oath for everyone. The oath should specifically state that they are bound to fulfil their responsibility in accordance with the Constitution and the law of the country and the breach of it constitutes a punishable offence.
Violation of Constitution 
a) A clear and formal interpretation that briefly describes the duties and responsibilities of the Head of the state and those of the Prime Minister and the Cabinet of Ministers in the event that the Prime Minister is the Head of the state should be included in the Constitution.

b) Deliberate violation of the constitution ought to be made a serious offence punishable by law with the punishment to be imposed being clearly stated in the constitution itself. Also, the provisions of immunity from both civil and criminal proceedings granted to the Head of the state in case of violation of the constitution should be removed.

(c) Provisions must be made enabling the public to take legal action against the offenders who violate the constitution, without having to incur heavy expenses.
Abuse of public property
The Head of State is a temporary, but the main custodian of the public property in Sri Lanka. This includes the subject of radio waves and frequencies as well. The power to sell, lease or grant any public property also lies in him. In this field, all Heads of State of Sri Lanka had followed a policy of abusing their discretion by selling public property at a nominal price or at times, granting them to their cronies free of charge causing a massive loss to the state.

a) The discretionary power vested in the Head of State to sell, lease or grant public property should be abolished.There should be a proper interpretation and explanation on how the power of the Head of State in this regard can be utilised.

b) It should be made a mandatory requirement that the public is made known before any action taken in regard to sale, lease or grant public property is taken. Besides that, obtaining approval of the Legislature and the Judiciary should also be made a necessary condition. It is also necessary that the provisions should be made to strengthen the right of the public to intervene in such cases of public importance.
Conducting business with the Government 
Upto 1977, the Parliamentarians weren’t allowed to do business with the Government. The MPs who had conducted business were deprived of their parliamentary seats. This can be considered a legal tradition being practised in all countries where there is a democratic system of government.

Even though, President Jayewardene did not abolish the law pertains to this, he allowed the MPs to pursue business with the Government ignoring the prevailing tradition and rendering the law virtually inoperative.

His successors too, pursued the tradition set by JR which was anti-democratic, ugly and illegal. As a result, a good number of MPs of the Legislature became business dealers transacting business with the Government. Some of them have become planters having bought Government lands at a nominal price. Some others have become Government contractors. Several others had become Government licensed dealers of timber, rubble, sand and liquor.

This system has invariably rendered politics an easy way of becoming rich through illegal means. This scenario has resulted in stripping them of the true character of their public representation and made them a lot that appears for amassing wealth for their own sake through undue and unjustifiable means.

While investigating into the dealings of MPs who had engaged in business transactions with the Government ignoring the established laws that prohibit such practices, it is important that the Judiciary is granted the discretionary powers to decide on the policy to be followed in regard to such practices.

a) Prohibit the MPs elected by the people, transacting business with the Government and restore the old system that deprived the parliamentary seats of those committing such offences by the constitution itself.

b) There is no other democratic country in the world other than Sri Lanka in which duty free permits are offered to MPs for import of vehicles and a substantial fuel allowance for their vehicles.Provisions should be incorporated in the constitution prohibiting this unjust and wasteful practice.

c) The system of allocating funds to the MPs from decentralisation budget is also a wasteful system which is contrary to the parliamentary tradition. It is also a non-productive system that adds an unnecessary burden on the budget. Provisions should be incorporated in the constitution prohibiting this wasteful practice.
Staffing system and vehicle use
The number of staff attached to the Presidential Secretariat during the tenure of President Jayewardene remained at less than 25. The size of the vehicle pool also was comparatively small. He did not have any advisors.

But, today there is over 1,000 staff serving at the Presidential Secretariat. The number of staff in the Prime Minister’s Office is equally high and remains above a thousand. The number of advisers to President is also as high as in the hundreds. It is very rare that the Presidents seek their advice. But, they receive salaries or allowances without even reporting for work. They are provided with official vehicles and fuel as well.

a) The size of the staff and the number of vehicles to be allocated to the Head of State should be determined after making a formal and systematic appraisal and assessment of the actual requirements. Accordingly, the number of staff and the number of vehicles decided this way should be allocated to the office of the Head of State i.e. to the executive president if the executive presidential system is maintained or to the prime minister, if the presidential system is abolished and a parliamentary system of government is introduced.

b) Personal staff system of the Head of State and the members of the Cabinet should be abolished. It can be considered an ugly and corrupt system maintained to provide salaries and privileges to their family members incurring a heavy cost burden to the Government.

c) The system of providing official residence and a team of staff to the Heads of State going on retirement and to their spouses at the cost of the Government should also be revoked.This system has resulted in those having good houses renting them at a high price and abusing the right to have an official residence and a team of staff. This system must be changed and a mechanism should be introduced to offer an appropriate house when a poor person retires as the Head of state, only when he or she does not have a proper house.

d) A proper policy should be adopted in determining the type and the extent of security coverage granted to the high ranking politicians and also minimising the huge and wasteful costs involved in such endeavours.

e) The amounts spent on purchase of high cost luxury vehicles for high-ranking officers in Sri Lanka are enormously high. In a political sense, it can be considered an utterly wasteful expense incurred for ostentation which cannot be seen in practice in any other civilised country. The market value of a vehicle given to super grade officials of the Government is over Rs. 200 lakhs. The fuel consumption of such a vehicle can be less than seven kilometres per litre. The price of a vehicle used by top-end political leaders is said to be over Rs. 1,000 lakhs. The greed for travelling in high-end luxury vehicles seems to have become a kind of insanity. It is necessary to adopt a new policy to end this disgusting system that has become a heavy financial burden to the country.

Combating bribery and corruption 

a) A system of impeachment had been introduced by the present constitution to remove a President from office on account of misconduct, abuse or violation of public trust. But it can be considered a discursive system that will not pave the way for reaching a logical conclusion. If the presidential system is going to be maintained, the system of impeachment should be amended so that it would be practically possible to remove a president on account of misconduct and violation of public trust.

b) Provision must be made to enable people to present an impeachment or a no confidence motion to the Legislature using the systems of “popular sovereignty”, a system being used in Switzerland, against any high-ranking officer who commits serious offences.

c) It is also important that a system is introduced enabling even a single person to initiate an impeachment or a no confidence motion against any corrupt high-ranking officer provided the complainant has adequate evidence to support the charge.

The Auditor General can be empowered to receive such complaints and inquire into them. The Auditor General can be entrusted with the authority to establish a special unit and pursue the inquiries. While this unit should come under the scrutiny of the public as well as the Legislature, if the allegations are proved after a formal inquiry and the accused is to be removed from office by an impeachment, an impeachment motion against him must be presented to the Legislature by this unit. If the accused is to be removed by a no confidence motion, the right to present a no confidence motion to the Legislature can be entrusted to the Auditor General.

Provisions can be introduced to the constitution stipulating that the inquiry report of the Auditor General General with his recommendations is entered in the agenda of the Parliament when it was handed over to the Secretary General of Parliament so that it can be debated and subjected to vote. It is possible that an opportunity is given to the Auditor General to present the case at the outset of the debate, with an analytical description on how the inquiry was conducted together with its findings whilst at the same time giving an opportunity to the accused officer to defend himself.

However, if the removal of an accused officer who is found guilty of an offence consequent to a formal investigation does not require an impeachment motion or a no-confidence motion, necessary provisions should be made so that the report of the Auditor General is sent to the head of the relevant ministry for necessary action with the latter being empowered with the authority to remove the convict officer from service.

d) The Declaration of Assets and Liabilities Act No.1 of 1975 amended by Act No 74 of 1988 can be considered a very powerful law enacted giving general public the power to identify the public officers who had earned assets by undue means and get their assistance in imposing the law against such officers. According to this law, the people have the right to obtain copies of the declaration made by any person who is bound by this law to declare assets and liabilities. The relevant authority without raising any question, should issue the copies of the declaration of assets and liabilities to any applicant who ask for them after paying the required fee for it.

Until 1988, the right of the people to obtain declaration of assets and liabilities had been prevented. I was the first person to have this door opened for the people. I played a pioneering role in bringing this issue into the forefront. So, I can claim with some authority to have both the theoretical knowledge and the practical understanding of this subject. It would be possible to make a revolutionary change in the field of bribery and corruption involving public officers simply by removing the weaknesses in this law and making it stronger by updating it.

It can generate a great fear in the people who accumulate wealth abusing their official position and create an atmosphere that someday they could get trapped by the law. It must be mentioned here that this important law has been rendered weak by two judgments given by the Right to Information Commission. The following are the reforms needed to be made to make this law stronger and a powerful law.

e) The form to be filled by the declarant of assets and liabilities should be updated to suit the present day requirements. According to this law, a person who has committed an offense in this regard is liable to a punishment that is limited to a maximum fine of Rs. 1,000 or one-year imprisonment. The minimum fine should be increased to Rs. 5 lakhs and it should be increased in proportion to the amount of wealth earned on undue means. The minimum term of imprisonment should be increased to three years. It should be made compulsory that the wrongdoers are imprisoned in addition to the payment of a fine.The public should be allowed the opportunity to examine the declarations free of charge by creating a separate website exclusively for declarations of assets and liabilities and introducing a computer generated application form to be filled by them. By this reformation alone, it would be possible to trap all public officers who had earned assets abusing their official status and power. Simultaneously, it will make public officers realise the seriousness of this wrong and unethical habit and the need for refraining from it. That alone will make a big change in this sphere.

e) The Commission to Investigate Allegations of Bribery or Corruption should be amended following the Independent Commission against Corruption of Hong Kong as a model. Similarly, the Commission to Investigate Allegations of Bribery or Corruption, Act No 19 of 1994 too, should be amended to suit that. With that the structure of the commission, the manner in which the commissioners are appointed, the nature of the commissioners appointed, the way the investigators are appointed and the way the investigations held, all will be changed. At one time, Hong Kong had been a city where institutionalised corruption had penetrated every strata of the society. Today it is considered a country free of corruption.

It is this effective anti corruption methodology adopted by the Independent Commission against Corruption of Hong Kong that had been the main factor behind the great development it had achieved today.The commission has been credited with transforming Hong Kong and paving the way for the economic boom of the 1980s and 1990s, which helped Hong Kong city to become a corruption free and thriving international financial hub.

Sri Lanka, too, can emulate the Hong Kong experience in eradicating the threat of corruption. So much so, the Independent Commission against Corruption of Hong Kong has expressed its willingness to provide necessary advice and guidance for Sri Lanka to establish an institutional system to control corruption.

Wednesday, January 16, 2019

Video: Israel kills dreams of Gaza boxing champion

Ahmad Abu Marahil, 20, is one of the best boxers in Gaza.
15 January 2019
Israeli occupation forces injured Abu Marahil three times during the Great March of Return protests, leading him to use a wheelchair.
Even before his injuries, Abu Marahil has dreamed of participating in championships in other Palestinian cities and around the world. But Israel has repeatedly barred him from leaving Gaza.
“I had the ambition to become a boxing champion and to represent Palestine abroad,” Abu Marahil told The Electronic Intifada.
“But the occupation was the obstacle,” stated Osama Ayoub, Abu Marahil’s coach.
Despite his injuries, Abu Marahil is determined to continue with the sport that he loves.
Video by Amjad Ayman and Yousef Mashharawi.

Trump Can’t Do That. Can He?

On NATO withdrawal and other issues, it turns out presidential powers are constrained by norms but not laws.

NATO Secretary-General Jens Stoltenberg (from left) with U.S. President Donald Trump and British Prime Minister Theresa May at NATO headquarters in Brussels on July 11, 2018. (Sean Gallup/Getty Images)NATO Secretary-General Jens Stoltenberg (from left) with U.S. President Donald Trump and British Prime Minister Theresa May at NATO headquarters in Brussels on July 11, 2018. (Sean Gallup/Getty Images)

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If U.S. President Donald Trump decides to withdraw from NATO tomorrow, Congress might be unable to stop him.

That’s the conclusion a group of top lawmakers and some legal experts have reached, as Trump over the past two years has repeatedly bashed the alliance and extended olive branches to Russian President Vladimir Putin—even while his administration has taken some steps to support NATO.

The legal assessment is particularly worrying for some Democratic lawmakers in the wake of a New York Times report revealing that Trump had privately discussed leaving NATO. And it reflects a broader challenge that the Trump presidency poses on a number of issues, including trade policy, international treaties, and clean governance: The guardrails that curb a president’s powers are often traditions and norms but not actual laws.

U.S. membership in NATO retains broad public support and nearly unanimous backing in an otherwise fractious Congress. And any attempt to alter America’s role in the alliance would push the president into uncharted legal waters, even setting aside the geopolitical shockwaves.

Still, if Trump decided to withdraw unilaterally, it appears the law would be on his side, based on a series of court rulings over the past half-century and the Constitution itself.

“The president, in the foreign affairs realm, can exercise a lot of discretion where Congress is silent,” said Scott Anderson, a scholar at the Brookings Institution and former attorney for the State Department who has explored the issue in his research.

Anderson pointed to a case involving China and Taiwan in the 1970s. Sen. Barry Goldwater and other lawmakers in 1979 sued President Jimmy Carter after he unilaterally withdrew from a mutual defense treaty with Taiwan to pave the way for the “One China” policy. The Supreme Court dismissed the lawmakers’ challenge, saying foreign affairs issues were political ones, not judicial, and this was a fight for Congress and the executive branch to sort out among themselves.

Judges avoided intervening in subsequent cases as well. In 1986, a private company doing business in Nicaragua, Beacon Products Corp., sued the Reagan administration for damages after it slapped a trade embargo on the Central American country and withdrew from a joint treaty of friendship. The suit was dismissed in a U.S. district court.

And in 2002, 32 members of Congress sued George W. Bush for withdrawing from the Cold War-era Anti-Ballistic Missile Treaty signed with the Soviet Union without prior congressional consent. That case was thrown out of a U.S. district court. The judge cited the Goldwater v. Carter precedent, saying the treaty withdrawal was a political issue and thus outside the scope of the judicial branch.

With that in mind, a bipartisan group of senators who support NATO drafted a bill last year barring the president from leaving NATO without two-thirds consent of the senate—the same ratio required for the United States to enter into any new treaty as directed by the Constitution.

Ultimately, the Senate didn’t vote on the bill. But Sen. Tim Kaine, one of its authors, is expected to reintroduce it in the new Congress, according to a spokeswoman from his office.

Kaine and the others might be aided in their endeavor by a Supreme Court ruling from 1952 over President Harry Truman’s attempt to seize most of the country’s steel industry for the Korean War effort amid workers’ strikes.

In the landmark ruling, the Supreme Court judges effectively curbed a president’s ability to disregard congressional limits on his power in the realm of national security.

Nearly 70 years later, this ruling gives a legal opening to Kaine and others concerned about Trump’s aims with NATO: If Congress passes a law saying Trump can’t withdraw from the alliance, it would be hard for the president to beat in court.

U.S. and NATO officials believe an actual U.S. withdrawal is far-fetched. But Trump might be less inhibited since the resignation last month of the alliance’s most ardent supporter in the administration, Defense Secretary James Mattis.

Even talking about a NATO withdrawal as a hypothetical has political impacts across the Atlantic, several U.S. and NATO officials who spoke to Foreign Policy said. “Talking about it in and of itself undermines NATO and strengthens Russia,” one U.S. official said. “Let’s not do the Russians’ work for them.”

Trump has criticized NATO allies for not spending enough on defense and relying instead on U.S. taxpayers to foot the bill for Europe’s security. His position has led to uncomfortable moments, awkward photo-ops, and tense backroom exchanges with foreign counterparts at NATO meetings.

“He has followed through on some of his more disruptive campaign promises, so you just don’t know,” another U.S. official said.

But Washington’s approach to the issue has appeared inconsistent over the past two years. Even as Trump has questioned NATO’s utility, his administration has pushed forward policies that buttress European security and crack down on Russian revanchism.

This includes supplying Ukraine with lethal weapons as it fights Russian-backed insurgents (which the Obama administration refused to do), boosting spending for the U.S. military in Europe, ramping up military exercises with allies, and crafting NATO command structure reforms to streamline the alliance’s unwieldy bureaucracy. Sources close to the administration point to these measures as a way of dismissing reports that Trump is ready to leave the alliance or is weak on Russia.

“The United States is strongly committed to NATO and to trans-Atlantic security. At his summit press conference last July, the president called NATO ‘very important’ and ‘very good for us,’” a NATO spokesperson told FP.

“A strong NATO is good for Europe and good for North America,” the spokesperson added, citing strides in Canadian and European defense spending to address Trump’s criticisms.

The next test in the relationship might come at a meeting of NATO defense ministers in Brussels next month or at the planned gathering of NATO foreign ministers in Washington in April to celebrate the 70th anniversary of the alliance.

“We celebrate the Trump administration’s policies while keeping our fingers crossed that Trump’s own views don’t override his administration’s,” said Alexander Vershbow, a former deputy secretary-general of NATO.

Both Secretary of State Mike Pompeo and National Security Advisor John Bolton have touted the importance of the alliance, particularly in light of Russian aggression in Ukraine and elsewhere. But Vershbow expressed doubt that they could push back on the president’s anti-NATO instincts in the case of a crisis in the relationship.

The most optimistic scenario, Vershbow said, is that the uneasy coexistence between a pro-NATO administration and skeptical president can endure “for at least two more years.”

Mattis’s departure could be seen in retrospect as a turning point, according to one European defense official. “I am not surprised by his [Trump’s] threats, but it makes me even more worried about Mattis’s resignation.”

As another Western defense official put it: “The NATO cheerleaders have no captain.”