Two Army officers killed in a road accident in Mullaitivu

Mon, Jan 21, 2019, 11:58 pm SL Time, ColomboPage News Desk, Sri Lanka.




Jan 21, Colombo: Two Army personnel have died and four other Army officers have sustained injuries in a road accident in the Oddusudan Police Division, Mullaitivu, the police said.

The Police said the Army personnel were returning from attending the President's events in Mullaitivu when the accident happened.

According to the police, the driver of the vehicle had lost control and veered off the road hitting a palm tree in Nedunkerny area

Six injured persons have been admitted to Nedunkerny Hospital where two of the injured had succumbed to their injuries.

The deceased have been identified as an Army major and a corporal


The surviving injured persons have been transferred to the Vavuniya Hospital for further treatment.

Chasing that elusive full democracy

 2019-01-21 

he Economist’s Intelligence Unit Democracy Index which provides a snapshot of the state of democracy globally has ranked Norway on the top of the list as a Full Democracy. Sri Lanka is ranked as a Flawed Democracy towards the bottom of the rankings though Sri Lanka defines itself as a Democratic Socialist Republic.
Several factors are said to be considered in giving these rankings. What is striking though is that features in the Constitutions of Countries have been conveniently omitted and all factors taken into account are highly subjective.
In this scenario analyzing some of the salient features of the top-ranked Full Democracy Norwegian Constitution, makes interesting reading.Following are the key features of the Constitution of Norway which is available to peruse on the world wide web.

Article 1 -The Kingdom of Norway is a free, independent, indivisible and inalienable realm. Its form of government is a limited and hereditary monarchy.According to Article 2 -the values of Norway will be based on its Christian and humanist heritage while saying it will ensure democracy, a State based on the rule of law and human rights.The executive power is vested in the King in terms of Article 3 and 
Article 4 stipulates the King shall at all times profess the Evangelical-Lutheran religion.The King’s person cannot be censured or accused and the responsibility rests with his Council as per Article 5.
Though by Article 16 the inhabitants of the realm are said to have the right to free exercise of their religion, by the same Article the Church of Norway, an Evangelical-Lutheran church, remains the Established Church of Norway and will as such be supported by the State.
The Prime Minister and the other Members of the Council of State, together with the State Secretaries, may be dismissed by the King without any prior court judgment after he has heard the opinion of the Council of State on the subject According to Article 22.

The same applies to senior officials employed in government ministries or in the diplomatic or consular service, the highest ranking civil officials, commanders of regiments and other military formations, commandants of fortresses and officers commanding warships.Article 24-The King chooses and dismisses, at his own discretion, his royal household and court officials.
Article 49 refers to the only power vested in the people which is the exercise of legislative power through the Storting (Parliament). The Members of the Storting are elected through free and secret elections.
Article 75(m) devolves power upon the Storting: to naturalize aliens.

"All of the above and more on similar discriminatory lines would have to be carried out if we were to bring our Constitution in line with that of Norway which is currently hailed as the greatest Democracy in the world"

Article 114-To senior official posts in the State only Norwegian citizens, men or women, who speak the language of the country, and who:
a) either were born in the realm of parents who were then Norwegian subjects;
b) or were born in a foreign country of Norwegian parents who were not at that time subjects of another State;
c) or hereafter have resided for ten years in the realm;
d) or have been naturalized by the Storting. Others may, however, be appointed as teachers at universities and institutions of higher learning, as medical practitioners and as consuls in places abroad may be appointed.

These features in the Norwegian Constitution demonstrate that Norway has;

1. Ensured the continuity of their culture and values,
2.   Retained the right to “naturalize” anyone who wishes to live in that Country,
3. Placed the  religion of the majority which has fashioned their values and culture in a position of great advantage over all other religions,
4.    Effectively prevented anyone else other than those who speak a particular language and are firmly rooted in their culture and religion from holding any position of any significance.
5.    Given “democracy “ to all its citizens thereafter.

This proves  democracy is malleable, has no universal definition and can be manipulated using it subjectively, to enhance or relegate the standing of any Country in the eyes of the public of that Country and the world at large.
What would the Democratic World say if one were to argue that our Country, to become a Full Democracy, must enshrine in our Constitution a clause to have a leader who will always profess a particular religion and that all Executive power must be vested in him?If we were also to say a particular religion must be given special status with the State providing finances by taxing everybody for the benefit of that religion while proclaiming in the Constitution the State is guided by the ideals of that religion, would the intellectuals cheer us for moving towards a Full Democracy?Additionally, if we place a rule in our Constitution to enable only Citizens who speak a particular language, to hold high public office, will everyone applaud?
All of the above and more on similar discriminatory lines would have to be carried out if we were to bring our Constitution in line with that of Norway which is currently hailed as the greatest Democracy in the world.

It would be far better for us to define ourselves as a BUDDHIST REPUBLIC

Fuller democratic Norway is an indivisible and inalienable realm

King shall at all times profess the Evangelical-Lutheran religion

This leaves no doubt that any attempt at becoming a full democracy by emulating the democracies of the highest standard is not possible and the goal posts can be shifted in any manner that the “patent holders of democracy wish.
Thus, we cannot question when the “patent holders” say what is contained in a Constitution has nothing to do with democracy, while insisting that we keep on changing our Constitution to make our Country more “democratic”   even at the risk of decimation.
Therefore, it would be far better for us to define ourselves as a BUDDHIST REPUBLIC that follows the true tenets of Buddhism which rejects all forms of discrimination against all religions, races and individuals and say that we stand for the promotion of equality, equity, compassion and loving-kindness towards all living beings as preached by the Buddha.

In fact when we as a Buddhist Kingdom prior to 1815, the Buddhist Kings of Kandy and the Buddhists provided safe havens, firstly to Muslims,  against persecution by the Catholic Portuguese and thereafter to the Catholics themselves, when they, in turn, were persecuted by the Protestant Dutch. The Meera Makkam Muslim Mosque standing at the foothills of Asgiriya, donated and dedicated to the Muslim Community by the Asgirya Buddhist priests is only one out of the many testaments of the practically demonstrated true spirit of pluralism and tolerance of a Buddhist Kingdom in contrast to the  Democracies  of today where laws have failed even to prevent religious and racial violence.

"Until and unless we wake up and put an end to this elusive dream of chasing the status of a “full democracy “ to their satisfaction, their monopoly of “moral superiority “ and preventing us from directing the destiny of our  Nation will continue"

The creation of such a Republic which has inbuilt principles of goodness rather than artificially touted ones, will no doubt help us to seek the ultimate aim of a truly happy and contented society. At least then, we can aim towards goal posts owned by us, which are fixed and cannot be shifted by outsiders. The ability of the “patent holders of democracy” to that has been preached as good from ancient times under the banner of  democracy and insist they have the right to decide what is good and bad for us can be prevented.
Until and unless we wake up and put an end to this elusive dream of chasing the status of a “full democracy “ to their satisfaction, their monopoly of “moral superiority “ and preventing us from directing the destiny of our  Nation will continue.  

Justice Delayed Is Justice Denied To A 11 Year Old 

By Tush Wickramanayaka –JANUARY 21, 2019

Dr. Tush Wickramanayaka

The Chairman of Gateway Group, the Principal of Gateway College, the OIC of Seeduwa Police, the Human Rights Commission, the National Child Protection Authority, the Minister of Education, the Inspector General of Police, The Attorney General’s Department, The Prime Minister and the President of the Democratic Socialist Republic of Sri Lanka failed to protect and provide the Constitutional rights to a young citizen.

CONSTITUTION ARTICLE 11 – No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

CONSTITUITION ARTICLE 12 (1) – All persons are equal before the law, and are entitled to the equal protection of the law

The following all too familiar scenario, crystalizes all that is wrong with our society and how the long arm of power over-rides justice, decency and fair play.

The Incident 

On 12th January 2018, my 11 year old daughter who attends Gateway College, Negombo had forgotten to take her weekly English reading book to school. The English master, Jude Udayakumara had forced my daughter and 8 other students who had a simple lapse of memory to kneel down and pulled their ears despite merciful pleadings. This was the nth time such punishments were metered out for simple errors. The perpetrators remained in school continuing to punish the students whilst new recruits followed suit. I had made several complaints before, requesting for a transparent complaint procedure, compulsory child psychology training for teachers and an active child protection policy; these have been ignored. 

As usual, I immediately gave a written complaint to the Principal, Devika Alldis and as usual, nothing happened until 19th of January. I complained to Seeduwa Police. JMO diagnosed Acute Stress Disorder. Quite predictably, the OIC endorsed his personal agenda and persuaded me to ignore the incident because my child had no injury. I realized that chances of finding justice were remote. At the conclusion of the inquiry on 25th January 2018, The Principal assured me that a Child Protection Policy will be adopted and that none of the children will be harassed due to the complaint to Police. We settled the matter amicably. So we thought. 

The Aftermath 

The following day, Mrs Alldis summoned the other 8 students into her office individually and obtained written evidence, 2 weeks after the incident and after we had concluded the matter amicably. The children were intimidated not to share this information with my daughter. However, my daughter was not asked to write a letter. 

The poor students were petrified to associate my daughter. She was left alone all day. She did not have a single friend to share her lunch or talk during interval. All the students were walking away from her, whispering timidly “don’t speak to her, Madam will scold us.”

The Breakdown 

Read More

Constitutional games Sri Lankans play

By Gamini Weerakoon-Sunday, January 20, 2019

Doublespeak

Sri Lankans make and break constitutions with relish. Is it for the sake of good governance, which is supposed to be basic objective of constitutions, or for crass political gain?

The constitution-making-and-breaking process resumed last week with flashbacks in history going back to the mid- fifties. Prime Minister Ranil Wickremesinghe presented to Parliament, reconvened as the Constituent Assembly, some documents prepared by a panel of experts. They included proposals for a draft constitution. Soon echoes in history going back to 50 years or more were heard — ‘Menna Rata Bedanna Hadanawo’ (They are trying to divide the country) inside and outside the assembly. The document was not even a draft to a constitution but only proposals, but this was incendiary stuff with an election round the corner.

The provincial councils proposed in the document were being viewed — as before — to be fragments to a cracked unitary state. Meanwhile, raucous demands are being heard for elections to be held for provincial councils. But why have elections and rejuvenate these potentially subversive units? Implement the law — the 13th Amendment — it is the law, is the stern reply. ‘You want to eat the cake and have the cake,’ is the rebuttal.

And so the Great Constitutional Game of half-century vintage is played according to established conventions and we are assured of continuing encounters.

The new Opposition Leader Mahinda Rajapaksa wants an ‘election’, and not a constitution. He does not specify whether it should be provincial, parliamentary or of a presidential kind. With elections bribery, corruption and all the evils that have beset the country after Yasapalanaya administration can be eradicated, he contends. Mahinda, the visionary, seems to ignore the fact that the people in two elections — presidential and parliamentary — not very long ago, threw him out in the hope of eradicating bribery, corruption, nepotism et al.

So can elections transform this troubled isle into a Rajapaksa utopia?
Mahinda cannot contest the presidency once again with the maximum of two terms of presidency having been served. But his brothers are willing and able. The hitch is that two of them, Gota and Chamal, have already declared themselves as runners. Observers say there could also be one or two colts from the Medamullana stables, age permitting. Also Pohottuwa and Sirisena backers are asking whether the Sri Lankan Derby is confined only to the Medamullane Stables.

The UNP has almost gone dumb on constitutional change even though the proposals for a draft documents were presented to the Constituent Assembly by Wickremesinghe. He squashed the usual canards about the new constitution enabling the breakup of Sri Lanka and Buddhism being relegated from the preeminent place given in earlier constitutions. However, they have been silent on any fresh moves that could rejuvenate and enthuse their supporters. It does appear that Ranil is still firmly on the Sri Kotha saddle though the now mature stallion Sajith Premadasa is occasionally rearing up and is ready to run.

Only the TNA is pushing ahead for constitutional reforms and this should be so because Tamil voters can still be kingmakers as they demonstrated in elections before. In the 2005 presidential election, Velupillai Prabhakaran’s fiat prevented Tamils expected to vote for Wickremasinghe from doing so and enabled Rajapaksa to scrape through. But in 2015, they successfully backed the winner, Maithripala Sirisena. They want their demands on the lost rights of Tamils restored.

There has been a surfeit of constitutional authorities after the rumpus recreated by Sirisena in attempting to sack Ranil. Notable among them are the new variety of PCs — not President’s Counsel but ‘Padipelle Counsel’ — those who stand in stairways of court and are freely issuing their opinion on Constitutional Law to any media person in search of a story. This variety in addition to TV pundits — who seem to consider the ability to merely read out relevant provisions of the Constitution in support their party leader’s stand — is sufficient enough for them to be considered authorities on the law. They have made confusion worse confounded.

Any opinion that goes against their leader and party line is unconstitutional, unpatriotic, anti-national, treasonous and a part of an international conspiracy. Their party leader’s thinking and party line is absolutely correct, constitutional and patriotic. Thereafter, this opinion is offered to religious dignitaries who are knowledgeable in their doctrines but not in constitutional law. Words are put into their mouths and then given wide publicity in the media. And, Abracadabra, the correct position in the Constitutional Law is expounded to the public!

History shows that all constitutions are hard to create and even more difficult to make them last long. The British and American constitutions are the exceptions. Yet Sri Lanka is attempting to create the fourth Constitution in 70 years. The first the Soulbury Constitution survived 24 years and proved to be the most stable. But the ‘progressives’, Marxists and the like considered it as an imperialist legacy and threw it out. The 1972 — Sirima-Colvin constitution — lasted only six years. The 1978 JRJ Constitution is still lasting (now 40-years-old) despite several attempts to distort, amend and destroy it. JRJ, wherever he may be, would be guffawing at these attempts.

With a presidential or parliamentary election round the corner a new Sri Lankan constitution appears to be a remote possibility. For all those interested in a new constitution, the words of Dr. B. R. Ambedkar, regarded as the chief architect of the Indian Constitution, will be of interest: ‘However good a constitution may be if those implementing it are not good it will prove to be bad. If those implementing are good it will prove to be good.’

In this context a question to be asked is: What kind of constitution would be able to withstand legislators who attempt to amend it by throwing chairs, chillie water and punching one another in the Chamber of the House?

Striving to become a ‘democracy’

By Samantha Ratwatte P C--January 21, 2019, 9:49 pm 

The Economist’s "Intelligence unit Democracy Index" (https://www.eiu.com/topic/democracy-index) which provides a snapshot of the state of democracy globally has ranked Norway in the top of the list as a "full democracy" while Sri Lanka is ranked as a "Flawed democracy" towards the bottom of the rankings though Sri Lanka defines itself a "Democratic Socialist Republic".

Several factors are said to be considered in giving these rankings. What is striking though is that features in the Constitutions of Countries have been conveniently omitted and all factors taken into account are highly subjective. In this scenario analyzing some of the salient features of the top ranked "full democracy" Norwegian Constitution, makes interesting reading.

(The Constitution of Norway can be found at https://www.stortinget.no/globalassets/pdf/english/constitutionenglish.pdf)

Article 1 -The Kingdom of Norway is a free, independent, indivisible and inalienable realm. Its form of government is a limited and hereditary monarchy.

According to Article 2 -the values of Norway will be based on its Christian and humanist heritage while saying it will ensure democracy, a State based on the rule of law and human rights.

The executive power is vested in the King in terms of Article 3 and

Article 4 stipulates the King shall at all times profess the Evangelical-Lutheran religion.

The King's person cannot be censured or accused and the responsibility rests with his Council as per Article 5.

Though by Article 16 the inhabitants of the realm are said to have the right to free exercise of their religion, by the same Article the Church of Norway, an Evangelical-Lutheran church, remains the Established Church of Norway and will as such be supported by the State.

The Prime Minister and the other Members of the Council of State, together with the state secretaries, may be dismissed by the King without any prior court judgment, after he has heard the opinion of the Council of State on the subject According to Article 22.

The same applies to senior officials employed in government ministries or in the diplomatic or consular service, the highest ranking civil officials, commanders of regiments and other military formations, commandants of fortresses and officers commanding warships.

Article 24-The King chooses and dismisses, at his own discretion, his royal household and court officials.

Article 49 refers to the only power vested in the people which is the exercise of legislative power through the Storting (Parliament). The Members of the Storting are elected through free and secret elections.

Article 75(m) devolves power upon the Storting: to naturalize aliens.

Article 114-To senior official posts in the State only Norwegian citizens, men or women, who speak the language of the country, and who:

a) either were born in the realm of parents who were then Norwegian subjects;

b) or were born in a foreign country of Norwegian parents who were not at that time subjects of another State;

c) or hereafter have resided for ten years in the realm;

d) or have been naturalized by the Storting. Others may, however, be appointed as teachers at universities and institutions of higher learning, as medical practitioners and as consuls in places abroad may be appointed.

These features in the Norwegian Constitution demonstrate that Norway has;

1. ensured the continuity of their culture and values,

2. retained the right to "naturalize" anyone who wishes to live in that Country,

3. placed the religion of the majority which has fashioned their values and culture in a position of great advantage over all other religions,

4. effectively prevented anyone else other than those who speak a particular language and are firmly rooted in their culture and religion from holding any position of any significance.

5. given "democracy " to all its citizens thereafter.

This proves "democracy" is malleable, has no universal definition and can be manipulated using it subjectively, to enhance or relegate the standing of any Country in the eyes of the public of that Country and the world at large.

What would the "democratic world" say if one were to argue that our Country, to become a "full Democracy", must enshrine in our Constitution a clause to have a leader who will always profess a particular religion and that all Executive power must be vested in him?

If we were also to say a particular religion must be given special status with the State providing finances by taxing everybody for the benefit of that religion, while proclaiming in the Constitution the State is guided by the ideals of that religion, will "intellectuals" cheer us for moving towards a "full democracy?"

Additionally, if we place a rule in our Constitution to enable only Citizens who speak a particular language, to hold high public office, will everyone applaud?

All of the above and more on similar discriminatory lines would have to be carried out if we were to bring our Constitution in line with that of Norway, which is currently hailed as the greatest Democracy in the world.

This leaves no doubt that any attempt at becoming a "full democracy" by emulating the "democracies of the highest standard "is not possible and the goal posts can be shifted in any manner that the "patent holders of democracy" wish.

Thus, we cannot question when the "patent holders" say what is contained in a Constitution has nothing to do with democracy, while insisting that we keep on changing our Constitution to make our Country more "democratic " even at the risk of decimation.

Therefore, it would be far better for us to define ourselves as a BUDDHIST REPUBLIC that follows the true tenets of Buddhism which rejects all forms of discrimination against all religions, races and individuals and say that we stand for the promotion of equality, equity, compassion and loving kindness towards all living beings as preached by the Buddha.

In fact when we a "Buddhist Kingdom" prior to 1815, the Buddhist Kings of Kandy and the Buddhists provided safe havens, firstly to Muslims, against persecution by the Catholic Portuguese and thereafter to the Catholics themselves, when they in turn were persecuted by the Protestant Dutch.

The Meera Makkam Muslim Mosque standing at the foothills of Asgiriya, donated and dedicated to the Muslim Community by the Asgirya Buddhist priests is only one out of the many testaments of the practically demonstrated true spirit of pluralism and tolerance of a "Buddhist Kingdom" in contrast to the "Democracies " of today where laws have failed even to prevent religious and racial violence.

The creation of such a Republic which has inbuilt principles of "goodness" rather than artificially touted ones, will no doubt help us to seek the ultimate aim of a truly happy and contented society.

At least then, we can aim towards goal posts owned by us, which are fixed and cannot be shifted by outsiders. The ability of the "patent holders of democracy" to lump all what has been preached as good from ancient times under the banner of "democracy" and insist they have the right to decide what is good and bad for us can be prevented.

Until and unless we wake up and put an end to this elusive dream of chasing the status of a "full democracy " to their satisfaction, their monopoly of "moral superiority " and preventing us from directing the destiny of our Nation will continue.

Teaching the younger generation to observe professional ethics is the need of the hour

Politicians are worse than Sena Caterpillars

Politicians are worse than Sena Caterpillars!

Tuesday, 22 January 2019

When Sri Lanka got independence in 1948, it was one of the most promising nations both in Asia and in the Commonwealth countries. It had luckily emerged unscathed after the Second World War unlike our neighbours. Sri Lanka furthermore did not have to shed blood to gain independence. We were therefore fortunate to inherit from the British a prosperous country.

Britishers had by then built up effectively and efficiently our economy on export-oriented commercial lines. They had developed a thriving plantation sector (tea, rubber and coconut), for export. We have been well known for our spices, gems, pearls, etc. Around 80-90% of our foreign exchange earnings had come from these exports. Owing to all that, our achievements in education, health and transport sectors too had been far superior in comparison with even developed countries.

We now need to re-define and re-fashion our Constitution, through appropriate amendments, with a view to empower the citizens. Citizens seem to think that corruption, unethical behaviour is nothing abnormal. We need to emphasise that public good is more important than private gain. Government should take steps to initiate schemes to educate the masses through schools and universities, etc. We should begin a mass campaign to restore public integrity as a priority matter. It is not forthcoming from corrupt public authorities. At present, therefore, “Poverty is like a punishment for a crime you did not commit”.

Michael Sapin, Minister of Economy, Industry, and Digital Affairs of France had said: “Governments with less corruption can increase money in government coffers – the presence of corruption creates the most unsustainable environment for growth, increasing efficiency in the economy and in government operations.” Transparency International defines corruption as “the abuse of entrusted power for private gain”.  It is time for us to change. Let us stop gambling with our future.

We saw in the notorious bond rip-off issue, not only the citizens, but the private companies as well had become victims of corruption. Those who played by the rules lost bids to those who did not play a fair game. There had been allegations of insider dealing against Arjun Aloysius, who is the son-in-law of the ousted Central Bank (CB) Governor Arjuna Mahendran. The corrupt political system has virtually destroyed our Central Bank too, insensitively repeatedly over the last few decades.

CB is responsible for maintaining economic stability. CB is the singular custodian of the nation’s money and the credit system. CB is responsible to keep inflation under control, particularly in underdeveloped countries like ours. The CB vision is – “A credible and dynamic Central Bank contributing to the prosperity of Sri Lanka”. Citizens now cannot trust these institutions. They have destroyed our path to prosperity. Citizens are now confused and do not trust businesses, politicos, the bureaucracy and the Government anymore.

President MS and the Prime Minister RW, during their election campaign assured that they would end corruption. They said autocrats have to be driven out. The duo also undertook to establish rule of law to build prosperity in the country. Why is that they do not believe that the “will of the people” is “the basis of the authority of Government”. We believe rule of law is a sine-qua-non for building a stable, democratic, broad-based economy to achieve growth and prosperity. Yahapalana Government has miserably failed to fulfil the pledges.  Our elected representatives and bureaucrats have, for the last few decades, abused their powers completely, which includes the cohorts of the UNP leader.


MR, MS, and RW desist combating impunity

RW was previously known as Mr. Clean. RW has now proved that no-one of them is clean. All of them, MR, MS, and RW therefore desist combating impunity. Our leaders have therefore added more and more problems to our people. They have abused their authority and hence government debts too have increased to dizzy heights. Harvard University findings had proved that when America was growing steadily, they had doubled the living standards every 30 years. In China, they had been doubling living standards every decade for the past several decades. Chinese government has extended pension coverage to an extra 240 m rural dwellers recently. This is far in excess of the total number of people covered by America’s public pension system. In America, during the recent visit by the Minister of Finance Mangala Samaraweera, IMF has apparently suggested that pensions schemes of public servants should be scrapped to extend further loans. Shouldn’t the Government consider scrapping the non-contributory pension scheme of our rogue parliamentarians? I say this because I am able to prove it.

We the citizens have taken all that lightly. All such corrupt practices have caused immeasurable harm to our country and the citizens. We should understand that the opposite of justice is ‘impunity’. Who created impunity? Impunity was created by corrupt politicos. Impunity means total absence of punishment. Our politicians, irrespective of their party affiliations protect each other and help promote impunity. They shamelessly resort to corruption and violate laws continually for personal gain.

We have been called a developing country for decades because there is impunity for those who rob the State. Rogues of State escape only in developing countries. We should remember justice is something highly respected by everyone in developed countries. It is an essential component of any authentic democracy. Rent-seeking political leaders in our country are the biggest hurdle for establishing rule of law. They dilly-dally when it comes to building up and consolidating a fair and equitable judicial sector. It reminds me of the Latin Maxim: Boni Bonum, publicum curarranti – “May the good men take care of the public good”. 

The present Government has gone far beyond the previous regime. They have broken all the records of MR. They masterminded the CB bond saga, which is so far the biggest fraud meticulously planned, by any government since independence. They too come out and speak as Saints and Messiahs. Our Constitution is crystal clear. It is our fundamental duty Constitutionally to – “preserve and protect public property and to combat misuse and waste of public property”. The President, Prime Minister, Ministers, Deputies and even institutions, whether public or private, are accountable to laws that are publicly promulgated. In Sri Lanka, when it comes to top politicos, the laws are not being equally enforced, independently adjudicated. And they are safe due to impunity.

In the past, all successive governments have appointed various commissions to probe allegations of corruption, abuse of power, etc., on numerous instances. A Presidential Commission had been appointed by the then President J.R. Jayewardene bearing No. 160/86 (1) dated 11 August 1986 to investigate maladministration, financial irregularities etc., of Air Lanka Ltd. during the period 11 January 1979 to 31 July 1986. The Final Report of the Commission was released in June, 1987. I give below a few crucial findings and recommendations for your information:

• Air Lanka’s misfortunes are largely of its own creations;
• Board of Directors are totally responsible for managerial and financial irregularities shortcomings, and its debt-ridden existence;
• The findings be handed over to the Law Officers of the State to institute legal action against relevant officers;
• The need to inculcate professionalism in running the airline to become self-supporting within the shortest possible time, etc.

The report highlights the fact that the Board has failed to achieve “sound management” purely due to the fact that – I quote: “Directors in conducting the affairs of Air Lanka have subordinated the development of the Company to their own individual private gain. The reports further says – “We wish to draw your Excellency’s attention to the fact that this company was granted GCEC (Greater Colombo Economic Commission (GCEC) status and in the light of this we find it inconceivable that no attempt was made by the Company to make use of one of the fundamental concessions awarded to the Company under the GCEC’s aegis in that they have an unhindered right to issue and transfer shares both in and outside Sri Lanka”.

The Commissioners have also added in their report that – “.... when Air Lanka was associated with highly successful Singapore International Airlines, Air Lanka would have been an attractive proposition for investors to consider capital participation in its development. We find no mentions of effort made by the Company to make use of this provision, and in the light of actions that have happened subsequently, the reasons reflect very poorly on the competence and integrity of its Board of Directors. The conclusion we may draw is that the Board of Directors considered the involvement of additional shareholders to have been inimical to the development of their own private interests”.  The Commission had also referred to the Board decision arrived on 3 March 1979, which I reproduced below: “The board of Directors of Air Lanka representing the shareholders of the company provides top policies, directions, elects officers, approves commitments and expenses beyond certain limits and is responsible to the shareholders for the successful operation of Company’s activities and the custody of its assets and resources”. It goes on to say – “The Chairman of the Board, also the Chief Executive Officer of Air Lanka, under the policy guidelines formulated by the Board of Directors, has the responsibilities of directing and managing Air Lanka’s business activities from organising, planning, staffing, co-ordinating and controlling and is ultimately accountable for all decisions and actions. He is also responsible for maintaining proper relations with the shareholders and the Board of Directors, and provides necessary communication for the result of various actions of the business activities of Air Lanka”.

The Report says – “This arrangement led directly to the development of an authoritarian attitude by Capt. Wickremanayake in policy matters, purchase of capital items, day to day administration of the company including appointments, disciplinary actions and the financial affairs of the company. The resultant management climate in the Company was one in which the normal checks and balances that obtain in a public company were absent”.

In the name of corruption investigations, all the relevant heads of governments, including JRJ have wasted billions of public money. Only recommendation they enforced was the removal of civic rights of the late Sirimavo Bandaranaike and Felix Dias Bandaranaike.


Adopt a realistic approach

We now require leaders who will ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. We, the citizens too, have to adopt a more realistic approach if we need our country to prosper for the greater benefit of our children and grand-children.

Our agriculturalist community is presently going through endless miseries since Sena caterpillar was first discovered in Ampara last year. It has now spread in to several districts and affected over 40,000 hectares. In regard to the dengue epidemic too public sector organisations have miserably failed. Our institutional structure is not efficient and effective enough to cope up with these intimidations. I give the full-credit to our armed forces for ending the war. Nevertheless, our public sector institutions have been destroyed totally due to extreme politicisation. These are tasks that the Public Sector should handle with competence. My only dream is we need a totally independent public sector, free of political manipulations for the country to move forward.  It is believed that the caterpillar invasion could become a serious threat to food production, unless it is controlled speedily. The Government does seem to be thinking of forward plans to address any of the burning issues citizens are facing, including the problems caused by Sena Caterpillar. Politicians are therefore worse than Sena Caterpillars.

UK COURT ISSUES ARREST WARRANT FOR SRI LANKAN BRIGADIER

21/01/2019

The Westminster Magistrate’s Court has issued an arrest warrant for Brigadier Priyanka Fernando of the Sri Lankan army earlier today, having found him guilty of violating the Public Order Act.
Fernando was found guilty of violating sections 5 and 4A of the act, with the court stating that his actions were threatening, caused harassment, and that he intended them to be so.

A private prosecution was brought against the Sri Lankan soldier who was filmed motioning a death threat to Tamils in London last year, running his finger across his neck whilst dressed in full military uniform. He was attending a celebration at the Sri Lankan High Commission in the UK to mark ‘Independence Day’ at the time, whilst British Tamils held a demonstration outside with placards and Tamil Eelam flags. Sri Lankan officials were also seen photographing the protestors in an apparent act of intimidation.

Fernando also led troops in a military offensive in 2009, that massacred tens of thousands of Tamil civilian, and was part of the 59 Division of the Sri Lankan military, implicated in the shelling of hospitals south of Mullaitivu.
TG

Ingratitude, hypocrisy brought the worst traits of our national character

“where every prospect pleases and only man is vile” 
- Bishop Reginald Heber

2019-01-22

These words, ‘where every prospect pleases and only man is vile’ written long ago about our country by Bishop Reginald Heber, were resented by me when I first read them, as a schoolgirl, as I felt they were unfair. But when one looks at happenings today, I feel he was a visionary far ahead of his time in his thinking and writing. Our country is among the most beautiful in the world, we have been called Emerald isle, Pearl of the Indian Ocean and other most descriptive adjectives. Our nation’s beauty is reflected in nature’s incomparable canvas created by God, our creator in the verdant varying shades of green of trees and foliage, sapphire blue into turquoise of the ocean, the glorious vibrant sunsets, the golden sands.

   
We were also called a smiling, hospitable, warm and friendly people.The beauty of the country still exists which is why we were picked by Lonely Planet as the best destination for 2019. Unfortunately this went awry for a while, because of the constitutional coup, but fortunately our now independent judiciary saved us from this fate and the Tourist Board has been working hard to win tourists back with new ideas including entry to the Wild Life Parks where bookings can be done through email.   
But recent events have proved that the immortal words of Bishop Heber have come true. Cruelty to man by man, cruelty to animals, backstabbing in politics,violence in Parliament, disrespect to one’s elders are also visible today on an alarming scale. Ingratitude to those who have helped one and hypocrisy have combined to bring out the worst traits of our national character. Some political leaders far from working hard to improve Sri Lanka’s image, have by their selfish actions, stemming from personal vendetta’s, contributed to bad propaganda against the nation by their words and deeds.   

The first item on the agenda of the government must be to abolish the Executive Presidency. It has been proved beyond doubt to be a failure and not just once. In a country such as ours, it is important that powers be with Parliament and not in the hands of one man with bad advisors who can ruin the country by their actions. This can also plant the seeds for a dictatorship. Some recent appointments, although not the fault of the government have also made us the laughing stock of the world.   
 As I listened to the tape of the late President JR Jayewardene’s speech at the banquet hosted in his honour by the late President Reagan in Washington, and his dreams for our country, I was proud that men like him and the late D.S. and Dudley Senanayake were once our Leaders. Although the executive Presidency was the late JR’s mistake, the appointments he made to all high ranking appointments were men of distinguished stature. The same goes for DS and Dudley. I dread to think of what they would have thought of the recipients of recent high appointments.   

The government must put its spurs on and work hard in the next few months to do its best for the nation, the economy and its supporters who have stood by loyally through thick and thin. Although all efforts are been made to block this by those who are not for the nation but for themselves, they must find ways and means of overcoming these obstacles. Those who ruined the economy are now talking like pillars of morality and experts on the economy and other issues. It’s a pity they didn’t practice what they preach now while steering the ship of state, and plunging it into deep and murky waters. In short, they are mere politicians and not statesmen.   
The UNP MP’s must stop bickering among themselves, making public statements against each other, demanding ministries, trying to hold the PM and the party to ransom , enjoying the trappings of office in Colombo and get on with their work at the grassroots. Talk to the people about the achievements of the government, explain why some objectives could not be achieved, owing to the interference of higher authorities, the illegal sacking of the PM, and establishing an illegal regime. A promise was made to the people that wrongdoers of the former regime would be dealt with and punished. One of the major criticisms of the government is on this issue. Tell them about the major loans taken, getting the country deep into debt, and the high expenditure in the short period of the illegal regime. 

We are fortunate to have as PM, one who doesn’t get rattled, and shoot his mouth off like a fool with verbal diarrhoea, at any given opportunity, making us a laughing stock

We are fortunate to have as PM, one who doesn’t get rattled, and shoot his mouth off like a fool with verbal diarrhoea, at any given opportunity, making us a laughing stock. He has personally been responsible for building bridges of friendship with countries who shunned us as a pariah state for human rights offences and corruption. We are an island, but we cannot stand alone. We need the rest of the world, for investment, for development and for aid. We mustn’t forget that and say hands off Sri Lanka. In the late JR’s speech in the White House he stated that we want to be friends with all countries and enemies of none.     

Sri Lanka: How to conquer Sena caterpillar?

by Rohan Rajapakse-Jan 21, 2019

Jan 21, 2019all Army worm Spodoptera frugiperda (Lepidoptera; Noctuidae) is a quarantine pest and has been identified as a most destructive insect pest of Maize/Corn. This insect has originated in Americas and invaded the African region in 2016 and was detected in India the following year and perhaps would have naturally migrated to Sri Lanka last year from India.

 Now it is reported that FAW is present in all districts of Sri Lanka except Nuwara Eliya and Jaffna. During winter in the US, the pest is found in Texas and Florida and subsequent summer when it gets warmed up the pest migrates up to Canadian border. The corn belt of China is also at a risk due to its migratory habit and the cost to Africa due to this invasion exceeds $ 6 billion. Maize is a staple food crop in Africa and millions depends on it for food. Hence in Africa and now in Asia it is a global food security issue for millions of people that could be at a risk if FAW is not controlled. The adult moth migrates very fast almost 100 km every night and nearly 500 km before laying 1500 eggs on average. The entire life cycle lasts 30 days in tropical climate. There are 6 larval instars and mostly the destruction is caused by the last 3 instars and the growing moth pupates in the soil for 10-12 days and the nocturnal adults lay eggs on leaves for about 10 days The pest thrives on about 80 host plants but the most preferable host is Corn/Maize In sri Lanka the preferred hosts includes Kurakkan and Sugarcane in addition to Maize. The symptoms of damage- scrapping of leaves, pin holes, small to medium elongated holes. Loss of top portion of leaves fecal pellets in leaf whorl which are easily recognizable. The Comb is also attacked in later stages with a heavy infestation, after removing the FAW affected portion of the comb the remaining portion is still suitable for consumption and there is no fear of any toxicity. There are two morphologically identical strains- Maize strain that feeds on maize and sorghum and rice strain that feeds on rice and pasture grasses. However in Sri Lanka only the maize strain has been detected so far. FAW thrives in a climate where drought is followed by heavy rains on a similar way we have experienced last year.

Although new agricultural insect pests are found in Sri Lanka from time to time a number of factors make FAW unique (FAO Publication 2018)

1 FAW consumes many different crops 2 FAW spreads quickly across large geographical areas 3.FAW can persists throughout the year. Therefore Sri Lanka needs to develop a coordinated evidence based effort to scout FAW for farming communities and effective monitoring by the research staff

Management

Since the pest has already arrived in Sri Lanka the Government/ Ministry of Agriculture should formulate short term, mid term and long term strategies for its effective management with all stakeholders. Also it has to be clear that a single strategy ex pesticides will not help in effective control but a proper combination of tactics such as integrated pest management should be employed in long term. In short term the recommended pesticides by the Department of Agriculture should be employed along with cultural and sanitary control strategies. These strategies have now been formulated and what is required to enlighten the farmers and people by utilizing the trained staff. The country should be place on war footing and an emergency should be declared in the affected areas to coordinate the control strategies. The integrated control tactics such as cultural control should be integrated with pesticides based on the recommendation of the research staff. The residues should be destroyed after harvest and avoid late planting and staggered planting. The Ministry of Agriculture should create awareness among the farmers and train the farmers on early detection of egg masses found on leaves and destroy them by hand. The pesticides for FAW control is recommended by the Department of Agriculture (Please contact Registrar of Pesticides of the Department of Agriculture for the recommended list of Pesticides) and they have to make it available at subsidized rates or given free with technical information considering the emergency. When the larvae are small early detection and proper timing of pesticides are critical for elimination of the pest. With this outbreak some farmers and the private sector is engaged using highly hazardous pesticides which should be avoided to make way for sustainable alternatives. The Department Entomologists should train the farmers for early detection of egg masses when present on 5% of the plants and when 25% of the plants show damage symptoms and live larvae are present on war footing. The economic threshold has been calculated as 2-3 live larvae per plant and the control strategies should commence as soon as this threshold is detected by visual observation. The development officer’s majority Agriculture and science graduates working in Divisional Secretariats are already trained on pest control and their participation on training the farmers for early detection and pesticide selection and application warrants the strategy. Some of the recommended pesticides are as follows: Chlorantraniliprole 200g/1SC: Trade name Corogen, Emamectin benzoate 5%SG: Trade name Proclaim,, Flubendiamide 24% WG : Trade name Belt. The Principle Entomologist of the Dry Zone Research Station of the Department of Agriculture ( Mrs KNC Gunawardena) has prepared an effective on line presentation on FAW control and this has to be shared by all. The African country Ghana has declared a state of emergency in response to this invasion as Maize is a staple crop which should be followed by us in Sri Lanka.

The long term strategies include early detection of the pest, stopping its spread and initiation of research programmes to identify tolerant varieties and granting permission to import such varieties as seeds. The country should work out a biological control strategy by breeding and releasing FAW parasitoids regularly. In the US, larval parasitoids such as Apanteles marginiventris, Chelonus insularis and Microplitis manilae have contributed to keeping the pest population down along with egg parasitoids Trichrogramma spp and a similar programme should be initiated in the affected districts. Finally, the best option is to establish a task force with the involvement of entomologists, extension personnel along with the administrators and scientists working in the universities to ensure the country is safe with regard to food security.

(The author has read for a PhD at University of Florida Gainesville in USA in 1985 and his PhD thesis exclusively deals on Fall army worm parasitoids and its ecology)

Angunakolapelessa: Brutality within prison walls

Activists heve renewed their call for prison reforms and accountability inside Sri Lankan jailhouses, after horrifying footage surfaced last week of a vicious attack on inmates by prison guards


BY AANYA WIPULASENA AND RAJITHA JAGODA ARACHCHI-20 January, 2019

Recently released video footage depicting prison officials brutally assaulting unarmed inmates at Angunakolapelessa Closed Prison (ACP) is evidence of what life within prison walls is like, Committee for Protecting Rights of Prisoners’ Chairperson lawyer Senaka Perera said.

The assault occurred in November last year, while the country was in deep political turmoil and the contested Government of ‘Prime Minster’ Mahinda Rajapaksa was in charge.

He was referring to explosive footage released by the Committee for the Protection of the Rights of Prisoners (CPRP) on Wednesday, January 16 depicting prison officials assaulting unarmed inmates at ACP, which is also dubbed a ‘Super Prison’ owing to ‘luxury’ facilities available at the prison complex. The footage obtained from CCTV cameras, clearly shows prison inmates, most clad in sarongs, running across a yard to avoid being assaulted by officials who are armed with batons. Many are at the receiving end of the officials’ wrath.

Towards the end of a about one-minute long footage, the inmates are seen lined up and forced to walk on their knees, as the officials continue to assault them with batons.

Strip search

The CPRP said the footage was taken between 8.30 a.m. and noon on November 22, 2018. It also said the assault was an aftermath of a rooftop protest that was launched by the inmates on October 21 last year.

The protest was ignited by an incident where an over 50-year-old female relative of an inmate was subjected to an ‘inhumane’ strip search before she was allowed to inter the prison premises.

The search was said to be conducted by Police Special Task Force (STF) officials posted in all prisons as a measure taken by Minister of Justice and Prison Reforms Thalatha Atukorale to avoid mobile phones and illegal drugs being smuggled into the premises. The protesters also opposed the conduct of ACP’s Superintendent Siridath Dhammika, who according to the CPRP punished inmates without remorse.

After the footage went viral, Minister Atukorale told a press conference that an investigation is on to find out how the footage went out of the control room.

“We will take strict disciplinary action against those who are involved in that. No officer has the right to release such videos,” she said. She also found fault with the CPRP for releasing the footage to the media before handing it over to the ministry.

CPRP’s Perera believes that the minister’s statement shows that she is more concerned about concealing prison brutality than resolving the matter. Perera said they took such measures as they believed that was the right thing to do.

“Our job, is not merely being a lawyer or committee member, but as responsible citizens, to reveal criminal activities taking place in the country. It is our right to do so. And, that is what we did,” Perera said.

The lawyer said that before releasing the footage to the media, on Tuesday, January 15, the committee lodged a complaint regarding the incident to the CID.

Meanwhile, following the revelation of the assault on inmates, Minister Atukorale appointed a three-member commission headed by Prisons Spokesperson Thushara Upuldeniya to investigate the matter.

The move was promptly condemned by the CPRP, which believed that a fair and just inquiry will not be conducted by a prison official. They handed over a written complaint regarding the same to the Justice Minister’s Secretary.

During the press conference Minister Athukorale had said, “As per the information revealed, iron bars, three-and-a-half feet long, were used to assault an inmate inside a ward. Then some other officers had gone to the ward and because ‘something’ had happened there, these inmates were taken out and this incident had taken place. That is our knowledge on this incident so far.”

“Her statement is only adding confusion to an already very clear case. Prison officials misusing their powers and causing bodily harm to inmates. Her job now is to take action against those involved,” Perera said.

“When an unclear phone call regarding an alleged plot to assassinate the President is obtained, it is sent abroad for proper analysis, but when a footage clearly showing a brutal assault in broad daylight is released, the CID lags behind. Arn’t the President and prison inmates human beings?” he queried.

Commissioner of Prisons (Operations) and Prison media spokesman, Thushara Upuldeniya told the Sunday Observer that the committee headed by him will hand over the report to the Minister tomorrow.

“We are still conducting investigations in Angunukolapelessa. I can’t reveal any information before handing over the report to the Minister,” he said.

He said that they can’t identify the exact number of injured inmates as this had taken place a few months ago.

Not aware

When the Sunday Observer contacted Susil Premajayantha who served as Minister of Justice and Prison Reforms during the disputed 51-day Government, he claimed he had not been aware of the incident.

“By November 22 our Government was defunct anyway. Because of the interim order in the Quo Warranto case, no ministers could enter their offices to function,” Premajayantha said. However, the interim order restraining the functioning of the respondents as Prime Minister Mahinda Rajapaksa, Cabinet Ministers, Deputy Ministers and State Ministers was given by the Court of Appeal only on December 3, 2018. Minister Athukorala has appointed two committees to conduct investigations on the incident. The first committee was appointed on January 16 which consisted of two prison officers and one officer from the ministry.

Members of the second committee are Senior Assistant Secretary of the Presidential Secretariat P.M. Nanayakkara, Additional Secretary of the Ministry of Public Administration and Disaster Management, B.M.M.M. Basnayake and Senior Assistant Secretary of the Ministry of Justice and Prison Reforms, G.D.A. Swarnalatha.
The first committee is expected to hand over its report by tomorrow, January 21, while the second report is due by January 25. Members of both committees will stay at Angunukolapelessa to conduct investigations.
Since its setting up, five years ago, the CPRP was involved in the fight to encourage prison law reforms to treat prisoners more humanely.
“If the prisoners are treated badly inside the institutions that are supposed to reform them, how can they go into society and be accepted as ordinary people?” Perera queried.
Harrowing conditions
Inmates have on several occasions attempted to draw the attention of the authorities to the harrowing conditions within prisons. One of the recent protests was when female inmates at the Welikada Prison launched two roof-top protests in August last year demanding better facilities and expedition of their cases.
Inmates are held under poor sanitary conditions, given food that is unconsumable, and constantly shouted at in harsh language.
The 2012 Welikada prison riot left 27 inmates dead and 40 injured. The riot was ignited by STF personnel bearing guns entering the prison. Commissioner of Prisons (Rehabilitation) Emil Ranjan Lamahewa and Police Anti-Narcotics Bureau Inspector Newamal Rangajeewa were arrested over their alleged involvement in the shooting.
Drawing attention to the recent incident, Perera said the CID has failed to launch a proper inquiry into the assault.
The CPRP on Friday, January 18 lodged a complaint with the Human Rights Commission of Sri Lanka (HRCSL) requesting an immediate inquiry into the assault.
Issuing a statement on the same day, the HRCSL stated it had “visited the prison, obtained statements from prisoners, and requested the Superintendent of the Prison to produce those who claim that they had been assaulted, to be examined by a Judicial Medical Officer.”
The Commission had also asked the Superintendent to take measures to provide medical assistance to inmates in need.
The statement indicated the Commission’s prior knowledge of the incident, as it stated that follow-up visits were conducted in December last year to obtain more evidence. Earlier, that same month, the Commission had summoned the Commissioner-General of Prisons and the Superintendent of the Angunakolapelessa Closed Prison for inquiries regarding the incident, and also “reiterated the need to adhere to the constitutional provisions on freedom from torture and pointed to the Convention Against Torture Act No 22 of 1994, which criminalises torture.” It stated that inquiries are continuing and the Commission hopes to issue its recommendations soon.
The CPRP says that all officials involved in the assault should be held accountable. Tomorrow, January 21, the committee is due to lodge a complaint with the National Authority for the Protection of Victims of Crimes and Witnesses as they fear that the inmates will be intimidated during the inquiry.

“If the authorities fail to resolve the matter, we will have to find solace in courts,” lawyer Perera of the CPRP said.