Sunday, January 27, 2019

Soldiers intimidate Keppapulavu families demanding release of land

190126 Keppapulavu protest NG 4.jpg

Over 100 displaced families from Keppapulavu, Mullaitivu today moved their ongoing protest to outside the military camp sited on their occupied lands.

26 January 2019

Security forces filmed and photographed the families from within the site however, as security was increased with a heavy deployment of police and military personnel.

The families had warned they would move the protest to this site if the government's failed to release the land by today, and despite the intimidation from the security forces the families remain defiant, determined to continue their ongoing protest here.

Although almost ten years have passed since the end of the armed conflict the Sri Lankan military continues to control and occupy vast swathes of land in the Tamil homeland, forcing families to remain displaced.

Keppapulavu families began their prolonged campaign for their homes in March 2017. Today is the 697th day of their continued demonstration for land. The campaign, which has seen widespread support among Tamils across the North-East and diaspora worldwide, has reached out to several international bodies, including the UN High Commissioner for Human Rights.

In October, the president, Maithripala Sirisena promised to ensure all occupied land in the North-East would be released by December 31, 2018. Following this unfulfilled deadline, families attempted to enter the army camp on their lands on January 1, however faced dozens of police officers halting the entry.

Police told protestors that army officials would not come out to speak with them, and instead called local government officials from the district and divisional secretariats to attempt to pacify the protestors. After lengthy discussions, protestors said they would return to their protest spot outside the army camp until January 25, 2019, following which they would restart attempts to forcibly enter their land.

“Even if the army shoot us, we will take our land back,” one protest representative told the local government officials.

According the Jaffna based organisation, Adayaalam Center for Policy Research (ACPR), 30,000 acres remain under occupation in Mullaitivu.

Good governance should have played a better role in transition process

2019-01-28

However, the chaos and destruction that followed the defeat and removal of the regime has generally been interpreted as revealing an important technical ‘lesson to be learnt’ by the state building, this issue is not as a political problem of any cohering political force which could tie Sri Lankan society together and give its citizens a stake in its future, but as a technical problem of the sequencing and management of post-conflict political administrations.

Many critics of good governance regime’s policy and conduct, for example, argued that the good governance regime should have played a much larger role in the transition process and assisted the developing a rule of law programme (no results on previous regime corruption investigation), which could have prevented or ameliorated this much destruction while regime administered and advised by the more unpopular among general public specially the Sinhala Buddhists and organizations (national and international), it is unlikely that greater opportunity and involvement would have made much difference to the Sri Lankans, but where are we today?

Understanding of the rule of as asset solutions that can be drawn in internally without external pushers; law that is disassociated from the political process of consensus building and genuine social need is more a particularly when there is a question whether we need to gain the consent of elected or appointed representatives (what happened in Sri Lankan parliament recently) laws going against the will of elected representatives at state, entity and local levels-conflict ended showing the power of the rule of law.

Taking everything to consideration, the narrow understanding of both political parties, which is dismissed as irrelevant to general public needs, and of rule, which is seen as an off-the peg external solution, has little in common with the traditional liberal-democratic meaning of the rule of law. It is important to stress to develop the qualitative difference between the liberal-democratic approach (are able to get out of the neo-liberal approach today?), imposing a rights framework for the relevant groups and individuals of the political process of debate and consensus-building.

By virtue of the power, as every individual is to be concerned in relation to good governance initiatives, there is a clash and misunderstand between the demands of these programs, such as anti-corruption campaigns (one individual or small group of people cannot achieve), and the demands of politics by means of the public interest demands impartiality while politics would indeed not be necessary if all questions could be decided by the technical experts of good governance developing the correct law or ideal methodology of administration. As with all supports of good governance and anti-corruptions easily neglected by the political reality of the coalition and building individual interest of the cheap party political life in the country today.

As with all supports of good governance and anti-corruptions easily neglected by the political reality of the coalition and building individual interest of the cheap party political life in the country today

In favour of this politicization of process is clearly illustrated after having won the election in January 2015, as well as the issue of the political corruption was high on agenda as support of the representatives of national and international (only talking), there was not enough significant attempt to deal with the stranglehold the corrupted politician in the country on the part of these leaders and wash their hands off it by virtue of power vested upon them, where the three major parties have just decided to split up the country and themselves without considering the country’s need.

Respecting the country’s requirement today, we need an anti-politcal corruption campaign and holding Sri Lankan politicians to the highest standard of good governance should drive the political system today; there is to be strict control or regulation of the media; punishing political parties or elected representatives ‘obstructing’ progress (unfortunately not in Sri Lankan contest). The more restricted political sphere is, the less responsibility and accountability, elected representatives being able to build social bonds in divided Sri Lankan society for their individuals and group interests than national interest in the country.

Peace, trust and reconciliation is the most pressing need of the present circumstances; democracy is fine for developing a stable state, but its destabilization for a state which is failing or is making the transition from war to peace. In this assert elections are important - the goal is to promote the democracy after all, to achieve this political reconciliation and the development of a shared sense of political community should proceed towards competitive election - there must be moderate parties that also need popular support (not with the corrupted political groups or individuals) with the internal assistance, according to the prevailing situation in the country that is to be a long and complex process (a market economy and liberal democracy as the two preconditions for a stable peace; here we, misunderstand and misuse the process of transition from war to peace).

Considering the recent political chaos, the general public and political parties have to consider whom they would choose for high government positions. The fact that politicians’ immunity is now severely limited and case of criminal indictment would cause political parties and voters to think twice about electing individuals for high office, who have a questionable past or close connections with the corruption cases and the criminal world. If so, this would be the biggest step that has ever been taken to clean up Sri Lankan politics and would open the way to a new chapter. Honest and cleaner hands should take over the government in view to see a better future for the younger generation to live peacefully without considering the ethnic and religious differences as Sri Lankans.

Shadow boxing before election season

Why such a hullabaloo about a Constitution that won’t be?

by Kumar David-January 27, 2019,

There is not a soul in the country who does not see that a new constitution will not be enacted by parliament in its current term (max August 2020) and the JVP’s Twentieth Amendment repealing the semi-Executive Presidency will get nowhere unless Mahinda wants it. Neither can carry without a deal between the UNP and Mahinda as the latter can without difficulty pull together the minimum 76 parliamentary votes needed to block them. Who doesn’t know this? Ranil knows it and has said so, the UNP, TNA and JVP know it, so do the SLPP (plus or minus the SLFP), the Buddhist prelates and the racists outfits, and to folks like you and me it’s plain obvious.

Why then is everybody getting hot under the collar about a non-issue? The JVP tables 20A though it knows it has no chance, Ranil with pomp and ceremony tables a Steering Committee Report, a sort of draft constitution at the Constituent Assembly and the few members present struggle to keep awake. MR thunders that he will not allow the country to be divided by evil "separatists" hand in glove with UNP traitors though he knows he is thumping an empty drum.

Who wants to divide the country except the phantom he is conjuring up for sale on election platforms? It’s all shadow boxing where everybody is punching someone and no two contestants punch in symmetry. To make sense you need to see that everybody is playing a different tune, dancing before a different audience and nobody, but a few deadly serious liberals give a hoot about the draft. For a good overview of the discussion in the Sinhala press see Verite Research, ‘The Media Analysis’, January 7-13, 2019.

Mahinda and his brigades are fanning plain-vanilla Sinhala chauvinism, as are innumerable chauvinist, Buddhistic and Gota-backing outfits. Acquaintances who know Mahinda well say, like SWRD and unlike JR, he is not a racist personally, but for power people sell their mothers. Says MR ‘The TNA and Ranil are in cahoots to divide Mother Lanka; the war victory which I delivered and for which so much precious Sinhala blood was spilt is being subverted by separatists, imperialists and their UNP agents. Never, never (lights, action, camera, beating of chest) will I Mahinda Rajapaksa permit it? Trust me, vote the way I tell you’. It’s as transparent as that.

And why is Ranil going through these weary motions on behalf of a constitution that will not be? First, he has to fulfil or appear to fulfil an election pledge; second, he has to show the Tamils (and the TNA) that he wishes to grant a degree of devolution in exchange for the support the community and TNA threw behind him; third, a UNP candidate will be the frontrunner for Tamil votes in a presidential election or runoff. However, at the same time to soothe agitated or incited Buddhists he wears himself thin affirming, reaffirming and tri-affirming the foremost place of Buddhism in this pristine land. He bums every mahanayake he sets eyes on. Such are the travails of political leaders in this land of deep religious devoutness and profound tolerance.

The TNA is caught by the short and curlies. For ever so long it promised the Tamils that constitutional progress was around the corner; but Sinhala polity led the FP/TULF/TNA round and round never-ending corners. The Tamils have remained rooted in exactly the same spot since 13A. The TNA helped defeat Sirisena’s screwball mischief and the Mahinda-Sirisena plot, but after so doing it has to protect its flank against wacky Tamil ultras Vigneswaran and Gajendran. Hence it lets the Tamils imagine that in return for favours done substantial goodies may be thrown their way. But many Tamils see that given Sinhala-Buddhist hegemony this is a daydream for now. The TNA has to welcome the promised constitution but Tamils who envision substantive goodies are fantasising about a land where no racism roams, no Rajapaksa soars and no Weerawansa, Vasudeva or Gamanpila roars "beware the Jabberwock, my son; the jaws that bite, the claws that catch!" The hegemony of extremist ideology is not unique to Lanka; Hindutva in India, Burman Rohingya hatred, white supremacists, Israeli contempt for Palestinians and dozens more fit the mould.

The other two sizable political entities are the JVP and the Muslim parties. The former has to feint as revolutionary champion of the battle against the executive presidency. The Muslims don’t really care too much and are split, mostly for the UNP, a few for MR. I am entirely in support of the JVP’s 20A proposal but I also know it is symbolic. So, you see how teams are fanning out all around the sports field, each playing a different game, all talk through each other and the cacophony is amusing if you could venture a smile in bedlam.

Mergers, rumours and chambers

The TNA and nearly all Tamils know that a merger of the North and East will not happen unless you frog march the East (about 60% non-Tamil) into a forced marriage. Frankly I doubt if even Batticaloa Tamils desire matrimony with the North sans a contiguous border. What for, what’s in it for them not only materially but even culturally and emotionally? Merger is a hot topic in Sinhala dissertations and among chauvinist rabble rousers; it is rarely mentioned in Tamil social circles.

There are three other substantive constitutional issues on the table; the Second Chamber, the choice of representative system and the choice between a ceremonial and a current-style president. Let me dispose of the last matter first. As things stand it depends on what Mahinda Rajapaksa wants. If he prefers to retain the present arrangement, he will block 20A and a new constitution for the term of this parliament – QED number 1. Right and wrong to one side, this is plain vanilla. He will opt for the current semi-executive presidency if he hopes one day to have term-limits lifted, or if he has deep trust and strong preference for a candidate from his camp. There is no way he will endorse executive power in the hands of a pluperfect idiot – he has been asinine enough to get himself burnt twice. Since I think MR will block 20A or a new constitution it follows the current-style presidency will stay. In that case Sirisena has as much chance as an ice-cream cone in a blast furnace of securing SLPP support for another round of aerobics - QED number 2. Mahinda is not such a clot as to stick a knife into himself a third time by entertaining someone who will be a danger to everyone.

Don’t tell me "Sirisena will be gone after one more term, but Gota or Chamal may have two-term ambitions and greedy progeny, and that’s a plus point for MR/Namal". How Lanka will look and smell in 2025 is hopelessly hard to say now, and Namal is too thick to be a front runner 10 years after his papa crashes out. And don’t tell me MR wants Ranil (or a UNP candidate to win) to circumvent two-term ambitions of his siblings. What about two-term ambitions of Ranil or Karu or Sajith?

Let me in passing make a not carefully thought through remark: It seems Karu is the UNP’s best choice, be it current-style or ceremonial presidency. He has conducted himself with dignity and won a round of applause all round. He will be a strong sell against a Gota now arraigned on several criminal charges, and against pale and flaccid by comparison previous Speaker Chamal. But true the party machine is behind Ranil and UNP youth are enamoured of Sajith; so, let’s see. Mahinda on the other hand faces a genuine dilemma how to even start thinking about choosing a candidate.

The electoral system, proportional, first-past-the post or hybrid is in the air. While there is a year and a half to parliamentary elections and only a UNP with brain-fever will advance it to before the presidential elections, the electoral system has to be sorted out for the long overdue provincial elections. It is tactically advantageous for the UNP to delay provincial polls till after the presidential poll but I don’t know whether it can get away with such a ploy. I am not in the know of the UNP mind but an obvious line of thought is: "If we win the presidential election (the most favourable of the three for the UNP) then we can sail through provincial and parliamentary elections afterwards whatever the electoral system". Let’s see if that’s the reasoning that eventually prevails with the hierarchy.

The Second Chamber is a complicated issue. The draft tabled by the PM specifies four members elected, from and by, each provincial council plus the chief minister (5x9=45) and 10 persons of eminence and integrity who have distinguished themselves in public or professional life elected by parliament, but not parliamentarians. Hence the Second Chamber will have 55 persons. The powers of the Chamber are not clear, for example when it rejects a bill can parliament override the rejection by a super majority (in the US, the Senate can override a presidential veto with a two-thirds majority). The role of the Senate in making constitutional changes is also unclear at first sight.

The Steering Committee Report tabled by the PM is a good starting point but a lot of work remains to be done. It is detailed and one may even think it too prescriptive. After the Sirisena shenanigans it is natural to want a constitution that ties eccentrics firmly down to earth, but that’s the wrong way to set about it. The right way is to not to put oddballs in office in the first place, not to tie down good presidents inflexibly. But no worry, we have three to five more years to sort all this out.

An Obstreperous Monk & Ostensible Compassion

By Ameer Ali –JANUARY 27, 2019

Dr. Ameer Ali

The letter signed by a set of powerful Buddhist leaders including two Mahanaykes and the Diyawadana Nilame of Dalada Maligawa, and addressed to Buddha Sasana Minister Gamini Jayawickrama Perera, appealing for the release of Galagoda Atte Gnanasara Thera from prison, and in turn, the minister’s recommendation to President Maithiripala Sirisena(MS) to comply with that appeal on compassionate ground, seem to be a carefully calculated but sinister move to maximise its political advantage to competing parties. President Sirisena, opposition leader Mahinda Rajapaksa(MR), and Prime Minister Ranil Wickremesinghe(RW): all three would like to claim credit for Gnanasara’s release, but it is the politics behind this ostensible compassion that should worry a discerning public.

Gnanasara is not an ordinary innocent monk sent to jail without justification. The judiciary found this monk, who is also the General Secretary of the far right Bodu Bala Sena (BBS), guilty of contempt of court over the hearing of the case of missing journalist, Prageeth Ekneligoda. However, he and his BBS, even before his incarceration, have been alleged to have involved not only in planning and executing but also participating directly in a number of racial and religious disturbances targeting minorities. There is ample video recorded evidence that had gone viral to prove this monk’s un-Buddhist and uncivilized behaviour. Yet, it is disappointing that Gnanasara’s obstreperousness and unruliness have not received at least a public rebuke if not outright condemnation from the Sangha. Instead of him being de-ordained and de-robed to protect the sanctity of Buddhist Sasana and cleanse the Sangha of elements like him who tarnish Sangha’s compassionate and purist image, Mahanayakas are appealing to the President for his freedom, so that he could continue doing in the future what he had done in the past. (See my piece in Colombo Telegraph, 12 April 2018 on “Sangha Needs Cleansing”.) By this move the signatories of the letter have shown their utmost disrespect to the judiciary of the country. One wonders whether these petitioners acted on their own volition and in the interest of Buddhism and the nation or have fallen prey to sinister motives and manoeuvres of some politicians. In all probability it is the latter that seems to have motivated their action. Who is/are actually behind this scheme and why?

To start with, MS’s unconstitutional parliamentary fiasco and its aftermath has created greater volatility in domestic politics and severe financial strain and productivity loss to the economy. Politically, even though UNF has won a reprieve to govern until the end of its term, the government is actually on life support and can only mark time before facing another election, which MS and MR want to be held soon and they have determined to exploit every opportunity that arises to make it happen. While UNF wants to protect the support it receives from TNA and Muslims, the opposition wants to maximise its vote bank from the Buddhist majority. The President in the meantime, who is more interested in ensuring his chances of occupying the Presidency (with its powers undiminished) for another term than in the welfare of the country and its people, is desperately seeking political alliances (even with the devil) to achieve his objective. The country’s economy in the meantime has fallen prey to these political manoeuvres. Any long term measure and hard choices to be made to reverse the economic descent will be sacrificed in the interest of populism and political expediency.

In the absence of any sound economic program or blueprint to present before the voters, political contestants will be looking for other vote catching issues to win the race. In the political history of this country almost every election since 1950s was fought on ethnic and religious grounds. It is to exploit these explosive issues that the utility of a person like Gnanasara will become handy to whoever who could buy his and BBS support. The question is who stands to gain most by the release of this confrontationist and rabble rousing monk?

Because of Gnanasasra’s open hatred of ethnic and religious minorities and direct involvement in a number of anti-Tamil and anti-Muslim violence, RW and UNP that are depending on TNA and Muslim support for survival stand to lose the most by his release. However, the appeal for his release originating from the Buddhist hierarchy cannot be opposed or rejected easily by RW, because the cost of that rejection in terms of Buddhist votes will be greater than the damage arising from his release. Hence, the least costly action for the government would be to recommend the release rather than just forwarding the letter and leave the final decision to the President. This explains the recommendation of the minister concerned. He and his government can claim some credit for Ganasara’s release.

PROJECT EXILE: SRI LANKA EDITOR FLED AFTER ATTEMPT ON LIFE

“I have no wish to return since the individuals who I believe to be responsible are still in positions of power…”

Upali Tennakoon (courtesy)

Yanqi Xu- 19 January 2018

When former editor Upali Tennakoon speculates about what led to the attempt on his life in 2009, two incidents jump to mind. One was an editorial he wrote for Rivira, the Sri Lankan newspaper he managed. The other was an article he chose not to publish, a move that angered a powerful army general.

At the time, Tennakoon knew well the dangers for journalists in the South Asian nation. The government had barred reporters’ access to the part of the country where it was fighting Tamil Tiger insurgents, and criticized independent media’s “unpatriotic” coverage of the war, particularly reporting on human rights abuses by the military.

On Jan. 8, 2009 government critic Lasantha Wickrematunge, the editor of another Sri Lankan newspaper called The Sunday Leader, was shot and killed by four motorcycle-riding gunmen on his drive to work. Wickrematunge’s assassination came days before he was slated to give evidence in court about alleged corruption involving then-defense secretary Gotabaya Rajapaksa. The editor had foretold his death in an editorial he had ordered to be published in just such an event.

“When finally I am killed, it will be the government that kills me,” he wrote.

Fifteen days after the attack on Wickrematunge, it was Tennakoon’s turn. As he drove to work with his wife near the capital Colombo, a man approached his car at about 6:40 a.m. “I thought he was trying to talk to me,” says Tennakoon, in an interview with Global Journalist.

Instead the man smashed the side window of the car with an iron bar and started attacking Tennakoon. Three other armed men on two motorbikes also joined the attack with knives, wooden rods and iron bars, breaking the windshield and the side windows. Tennakoon’s face and hands were bleeding. From the passenger seat, his wife flung herself on top of him in a desperate effort to shield him from the blows.

“[We had] nothing to do, anything,” he recalled. “They also tried to break my neck, but they missed it; otherwise I would have been dead.”

The assailants fled, and Tennakoon was taken to a hospital. Three weeks later, he and his wife fled to the United States, where they have lived for the last nine years.

Looking back, Tennakoon says that the attempt on his life may have been retribution for an editorial he wrote criticizing then-president Mahinda Rajapaksa’s government in the wake of Wickrematunge’s death.

Tennakoon says there is also a second possible motive. He was attacked for choosing not to publish an article written by one of his reporters based on information from army commander Gen. Sarath Fonseka. Tennakoon thought the information was a misleading attempt by Fonseka to blame a rival, Sri Lanka’s then naval commander, for failing to stop a successful supply mission by Tamil rebels.
The precise motive remains a mystery in part because to date, no one has been successfully prosecuted for either the attack on Tennakoon or Wickrematunge. In 2016, with a new government in power, Tennakoon returned to Sri Lanka and identified one of his attackers from a lineup as an army intelligence officer named Premananda Udalagama. Udalagama had already been taken into custody in connection with Wickrematunge’s death, but was later released on bail.

Last year, police told a Sri Lankan court that the former army commander Fonseka had testified that the former defense secretary, Gotabaya Rajapaksa, ran a secret intelligence unit outside of the normal command structure that targeted Wickrematunge as well as other journalists and dissidents, according to al-Jazeera. Rajapaksa has denied any wrongdoing, and both he and Fonseka did not respond to messages from Global Journalist.

Sri Lankan former army commander Sarath Fonseka after his investiture as Field Marshal in Colombo, Sri Lanka, March 22, 2015. (AP Photo/Eranga Jayawardena)

Tennakoon’s experience was hardly unusual. Between 2004 and 2009, 16 journalists were killed in Sri Lanka, according to the Committee to Protect Journalists. In at least 10 cases, not a single suspect has been convicted.

Tennakoon, 65, now lives in Los Angeles and works for a rental car agency. He still blogs and writes occasionally for Helabima, a U.K.-based Sinhala-language publication. He spoke with Global Journalist’s Yanqi Xu about his attack and the problem of impunity in Sri Lanka, where a new government elected in 2015 came to power promising to prosecute those responsible for attacks on journalists during the civil war. Below, an edited version of their interview:

GJ: What happened right after you were attacked?

Tennakoon: I called the police. We stayed in the hospital for five days.

The situation was fearful. I got threatening calls and was asked to leave the country immediately. My friend at the newspaper asked [then] defense secretary Gotabaya Rajapaksa to send security to me while I was in the hospital, but the defense secretary refused and said it was not necessary.

[After the hospital] I didn’t go back to my place and stayed at my wife’s parents’ house… I knew the perpetrators might be waiting for a second chance to finish their job… We left on Feb. 14 [2009] because I did not have any backup in Sri Lanka. My wife and I both had five-year multiple-entry visas to the U.S., so we decided to come. After we arrived, we applied for asylum. We were granted asylum about seven months later.

Former Sri Lankan president Mahinda Rajapaksa, right, and his brother and former defense secretary Gotabaya Rajapaksa, offer prayers during a function organized to sign a petition against a UN-recommended investigation into alleged war atrocities in Sri Lanka in 2016. (AP Photo/Eranga Jayawardena)

GJ: What do you know about the people who attacked you?

Tennakoon: The Crime Investigations Department [CID] investigated the telecommunications of those who might have been involved in these cases [of attacks on journalists]. They thought some were related to my case.

My wife and I went back to Sri Lanka in 2016 and identified one attacker, who was actually intelligence personnel. I went alone again in early 2017, but didn’t identify anyone.

Evidence has emerged over the connections between the killing of Lasantha Wickrematunge and the assault on me. It can be assumed that the same squad handled both attacks and I believe their intention was to kill me. Such a squad involving the members of the military could not have been formed without the support of the top-brass of the military.

GJ: Do you think you’ll see justice for your attack?

Tennakoon: I do not believe that in the current political situation the attackers will be brought to justice. The previous government never inquired or arrested anyone.

The new government promised to inquire into cases of violence against journalists and bring the criminals to court during the election.

But now they are not helping the police and CID to access the information they needed. I have the feeling that current political authorities too are trying to protect the perpetrators… their intention is only to take political mileage out of these cases. They are not bothered about bringing culprits to book.

The current president [Maithripala Sirisena] asked why the attackers were remanded for so long and talked about their human rights, but he was not talking about our human rights. We, in hundreds, lost our jobs, and Lasantha Wickrematunge even got killed. The case is still being heard… the issue is that justice is getting delayed. And, as we all know, justice delayed is justice denied.

Sri Lankan protesters light candles slain newspaper editor Lasanthe Wickrematunge in 2009. (AP Photo/Gemunu Amarasinghe)

GJ: Was it a hard choice to leave Sri Lanka? Do you feel safe to returning now?

Tennakoon: It was difficult to give up journalism as it was a huge part of my life. I also had to leave my parents behind. I have no wish to return since the individuals who I believe to be responsible are still in positions of power… Sarath Fonseka, the then Army Commander, is now a cabinet minister. Former defense secretary Gotabaya Rajapaksa plays an active role in the political domain too, though he is out of power.

I feel [releasing suspects on bail] jeopardized my personal safety. I don’t know what will happen to me when I visit Sri Lanka next time. I do not feel safe to return.

Justice demanded for murdered journalists at Jaffna rally

190126 Justice murdered journalists NA 5.jpg

Protesters demanded justice for murdered journalists today at a rally in Jaffna.

26 January 2019

The rally marked the 13th anniversary of the murdered Sudar Oli journalist, Subramaniyam Sugirdharajan, who was shot dead in Trincomalee after exposing the Sri Lankan Special Task Force's killing of 5 Tamil students, known as the 'Trinco 5'.

Sugirdharajan had accompanied one of the father of the murdered students, Dr Manoharan to the mortuary and published photos showing the bodies with point-blank gunshot injuries, thereby disproving government claims that the students had been killed by a grenade explosion.

The family of Subramaniyam Sugirdharajan mourn besides his body after he was gunned down in Trincomalee

The 'Trinco 5' – remains one of the highest profile killings in Sri Lanka to receive international attention, listed in 2014 by the then UN High Commissioner for Human Rights' report on the island as one of four ‘emblematic cases’ of the government's failure to ensure accountability and having been raised repeatedly in international forums.

To date no one has been held accountable for the Trinco 5 murders or for the killing of Sughirdharajan.

Parliament

Solution to Govt. servants’ vehicle permit issue - Kiriella

Disna Mudalige and Amali Mallawaarachchi-Saturday, January 26, 2019

Leader of the House, Minister Lakshman Kiriella yesterday said that the Finance Ministry will soon provide a solution for the issues faced by government servants following the government’s decision to temporarily cancel the concessionary vehicle permits.

Minister Kiriella acknowledged that government servants were put in a difficult situation when the duty free vehicle permits were temporarily cancelled. Kiriella said that the government has already held a round of discussion with responsible institutions with regards to the matter.

“I believe the Finance Minister will give a solution for this matter. He will be talking about this matter in Parliament at length.” he furthered.

Minister Kiriella made these observations in reply to a question raised by JVP leader Anura Kumara Dissanayake under Sanding Order 27 (2) in Parliament yesterday.

Dissanayake pointed out that the government’s abrupt decision to suspend the concessionary permit for vehicles has created a problematic situation for 175 government officers who are in the process of importing vehicles at present. He pointed out that officers who already hold duty free permits and officers who are have pending duty free permits are in trouble due to this complication. “Both these groups of officers are going through financial issues and emotional strain due to this matter.”
Dissanayake requested the government to discuss about the matter with Carmart Limited that is responsible for importing the vehicles ordered by the above mentioned government officers and ease the difficulty.

No US military base in Eastern Province- Leader of the House

The United States of America has not indicated any interest or any wish or desire to establish a military base in the Eastern Province, Trincomalee or in any other part of Sri Lanka duing any of the discussions that have been held between the two governments, Leader of the House, Public Enterprise Development, Upcountry Heritage and Kandy Development Minister Lakshman Kirella yesterday said.

He also pointed out that the American Embassy has already issued a statement on the matter on January 20, 2019.

“If the Opposition wants a debate on the subject, we are ready to have one,” Minister Kiriella also said.

Prime Minister Ranil Wickremesinghe who rose at this point, stated that the Opposition is trying to drag in a new topic since they have nothing else to talk about. “Look who is talking, the ones who tried to steal a government. People are accusing them of trying to steal ruling power. Since they have no reply they now start talking about an agreement.” Prime Minister Wickremesinghe quipped.

These observations were made in reply to a question raised by MP Douglas Devananda in context of recent media reports alleging the establishment of a US military base in Tincomalee in the Eastern Province.

Minister Kiriella who spoke further urged all Parliamentarians to kindly check their facts before they decide to make statements to the press on matters of this nature in future.

“The United States of America and Sri Lanka enjoy excellent multifaceted bilateral relationship. In a regional and global context, Sri Lanka and the USA are committed to bulding an open and resilient Indo-Pacific region, where all countries can prosper,” he said.

“We are committed to protecting international laws, safeguards and standards, and work to protect the sovereignty of our nations,” Minister Kiriella also stated.

Adjournment Motion on delay of Provincial Council elections

The issues revolving around the delay in holding Provincial Council elections has now brought the matter to a dead end, UPFA MP Dullas Alahapperuma moving an Adjournment Motion on the delay of Provincial Council elections and its repercussions stated yesterday.

Alahapperuma pointed out that the Election Council Chairman has called the PC election issue “a Gordian Knot.”

“This knot was made worse by Parliament and it is only Parliament that can free this Gordian knot as well,” Alahapperuma observed.

Alahapperuma pointed out that the Western Province and the Southern Province will end their terms by April 2019. “The Eastern Province, North Central Province and Sabaragamuwa Province have been inactive for one and half years. The Northern Province, North Western Province and Central Province have been inactive over the past three months. By the end of this year all but the Uva Province will be operational,” Alahapperuma pointed out.

The Adjournment Motion was seconded by UPFA Anuradhapura district MP S.M. Chandrasena.
Further speaking, Alahapperuma pointed out that dodging an election is a political tragedy. “Not holding elections is an unhealthy trait in politics. The government is evading. All the parties have agreed to hold PC elections as soon as possible. Our objective today in moving an adjournment on this topic is to win the people’s right for an election.”

Alahapperuma alleged that minority political groups are not interested in PC elections as well even though the very concept of Provincial Council was introduced for the benefit of the minority ethnic groups in the country. Alahapperuma called this move a “political farce.”

Joining the debate, JVP MP Vijitha Herath pointed out if the government really upholds “good governance”, it should hold all elections without any delay. But the government keeps postponing elections giving different excuses, he further pointed out.

“The government couldn’t do anything solid for the country. So they wanted to postpone the elections. Now suddenly the SLPF group and Mahinda Rajapaksa group have also remembered the PC election. Please don’t deprive people of their right to vote because of your power struggle.” he furthered.

Former Provincial Councils and Local Government Minister Faizer Mustapha joining the debate stated that going back to the earlier electoral system will only drag the country back to the same old corrupt voting system. He emphasized the importance of retaining the 25% female representation, whatever the amendments introduced to the electoral system. He also pointed out President Maithripala Sirisena entertains the wish of holding PC elections as soon as possible.

UNP MP Mujibar Rahuman speaking on the debate topic stated that if the Opposition believes that there is political instability in the country, they should agree to hold a Presidential election. “We do not believe that there is a political instability. It is you people who are saying that there is. So if there is such an instability, lets go for a Presidential election. We don’t mind holding the elections according to the old electoral system,” he said.

The Adjournment Debate abruptly ended as there was no quorum in the House. The last to speak was UPFA MP D.V. Chanaka.

MP Chanaka said that there had been a previous opinion that President Maithripala Sirisena was afraid of elections and therefore delayed the holding of Provincial polls.

“Now, it is proven that it is not the President but the UNP which is afraid of elections. The topic of elections for the UNP is like kerosene to the rat-snakes. The UNP, like the rat-snake leaving the scent of kerosene, runs away from the problem. For example in this very same debate they raised the quorum issue to disrupt the debate. They are afraid of the debate. Their objective is to suspend the debate in the middle of it so that the government could excuse itself without giving valid reason and response to our questions. If they are this much afraid of a debate on PC election, how frightened should they be to actually hold the election?” MP Chanaka having to stop in the middle of his speech questioned.

President failed in his Constitutional duty – Anura Kumara

President Maithripala Sirisena, who is the head of Parliament, has failed to comply with his constitutional duty by not attending Parliament for over three months, JVP leader Anura Kumara Dissanayake said.

“The constitutional provisions stipulate that the President should attend Parliamentary sessions at least once in three months if he is unable to do so more frequently due to his duties. But President Sirisena attended Parliament sittings on October 12 last year, over three months ago. It is a violation of the stipulations of the Constitution,” the JVP leader said.

“The President is duty bound to attend parliamentary sessions and due to his busy schedule, provisions have been made allowing him the leverage to attend Parliament at least once in three months if he is unable to do it on a regular basis.

It is over three months now and it is evident that the President has no regard for the parliamentary procedures,” Dissanayake said.

Referring the question to the Leader of the House Lakshman Kiriella, the JVP Leader questioned his position on this matter, and demanded to know the reasons that the President had disregarded the parliamentary regulations.

Leader of the House, Public Enterprise Development, Upcountry Heritage and Kandy Development Minister Lakshman Kiriella said he would inform the President about this matter highlighted by the JVP and get his response.

The JVP leader brought the issue as the Police Department comes under the purview of the President and he had questioned to be raised in Parliament regarding ‘Bata’ payment to police officers.
“Who would respond to my questions?” he asked.

Minister Kiriella said he will respond to the questions for the President.

House sittings suspended due to lack of quorum

Parliament sittings were suspended prematurely yesterday due to a lack of quorum.

Government MPs raised the quorum requirement three times while a debate on a motion taken at the adjournment time moved by the Opposition

The motion for the debate on the delay of holding Provincial Council polls was moved by UPFA MP Dullas Alahapperuma. Time had been allocated for the debate till 7.30 pm, but the proceedings ended around 4.38 pm.

While the debate was in progress, UNP Puttalam District Hector Appuhamy raised the lack of quorum issue first around 1.53pm but after ringing of the quorum bell it was found that there were enough number of MPs to proceed and the debate continued.

A couple of hours later UNP Digamadulla District MP M.I.M Mansoor again raised the quorum issue around 2.59 pm but the result was same with the previous time and debate resumed.

However, at around 4.38 pm, Kalutara District UNP MP Lakshman Ananda Wijemanne raised the lack of quorum for the third time. At the time, UNP Kegalle District MP Dr.Thusitha Wijemanna was in the Chair and UPFA Hambantota District MP D.V. Chanaka was speaking.

In response to the call on lack of quorum in the House, presiding member Dr.Wijemanna rang the quorum bell and it could summon only 18 MPs, one less than the quorum requirement. To continue to the sittings, the present of at least 20 MPs including the presiding member is required as the quorum.
As there was no quorum, presiding member Dr. Wijemanna adjourned sittings till 1 pm February 5.

Sumanthiran elected Public Finance Committee Chairman

TNA MP M.A. Sumanthiran has been elected to the post of Chairman of the Committee on Public Finance in Parliament.

He was elected to the post when the committee met at the Parliament complex yesterday. The committee comprises MPs Susil Premajayantha, Bandula Guanwardena, Keheliya Rambukwella, Susantha Punchinilame, Bimal Ratnayake, Lakshman Wijemanne, Mailwaganam Thilakaraja, Mayantha Dissanayake, Mujibur Rahuman, Wijepala Hettiarachchi, Ashu Marasinghe and Mohamed Ismail.

Better be prepared and proactive to pre-empt calamities

2019-01-26

In recent months, several parts of Sri Lanka had been battered and bruised by a series of catastrophic droughts, torrential rains, floods and landslides, which left tens of thousands of people homeless, their houses damaged or destroyed and housed in temporary shelters for weeks if not months. In the wake of so much pain and misery now comes the horrific news of a marauding caterpillar identified as ‘Sena’ destroying our farmlands, leaving our cultivators with their livelihood ruined and trapped in even more deprivation and destitution.

Against this background, we underline the need for Sri Lanka to be vigilant to counter any natural or man-made disasters that wreak havoc at regular intervals. We do not need experts’ panels or high level committees or commissions to tell us what happened or how it happened. What we need, to a large extent, is to learn from our past mistakes and be prepared with ways and means of pre-empting such catastrophes or mitigating the resultant damage if and when they happen.

What action have the authorities taken to eradicate the ‘Sena’ caterpillar now fast spreading to several parts of the country? Were the authorities caught on the back foot or were they complacent hoping that ignoring the problem will make it disappear. Shouldn’t we even deploy the Army to cordon off the affected areas and prevent infected produce being transported to other areas? First spotted in the Districts of Ampara, Anuradhapura and then in Polonnaruwa, it has now spread its destructive tentacles to several other districts including Hatton in the Nuwara Eliya District.

A few days ago the caterpillar was spotted at the Ruwanpura Estate in Hatton where agriculture is the mainstay of the residents there growing such crops as tea, corn, maize and other vegetables. Farmers are said to have discovered the destructive caterpillar when inspecting a cornfield which had been overrun by the pests and are concerned of the possibility of the’ Sena’ caterpillar spreading to vegetable cultivations and tea plantations.

The caterpillar had laid waste to more than 33,000 hectares of farmlands in Ampara last year and destroyed nearly 50% of the country’s corn cultivations. Corn is not the only crop that is under siege, this insatiable pest is known to be drawn to 180 different plant varieties grown in Sri Lanka for agricultural purposes.

The Agriculture Department has taken steps to assess the situation and had even deployed new technology such as crop dusting through the use of drones in an attempt to curb the spread of ‘Sena’. However, its efforts are yet to pay off fully. The main issue is that this invasive species has no predator in Sri Lanka to prevent it from multiplying so rapidly.

The Department is of the view that ‘Sena’ is capable of adapting to any climate and has warned against the excessive use of pesticides which could produce strains resistant to them.

The caterpillar is said to have originated in the United States and several years ago was detected in Africa before making its way early last year to immediate neighbour India from where it is said to have made its way to Sri Lanka.

The ‘Sena’ Caterpillar is the larvae stage of the Fall Armyworm moth or ‘Sena’ moth. In its moth form, the invasive species and at a time can fly some 100 kilometres helped by air currents, making it extremely difficult to contain, control or eradicate it.

The Agriculture Department has expressed concerns that the plants sprayed with chemicals in the war against ‘Sena’ may be used as animal fodder resulting in people consuming meat products and falling ill.

Instead of pointing fingers at various institutions, let us cooperate with them to overcome this calamity while urging them to be better equipped with a cadre of trained personnel and the knowledge and technology to handle such crises situations that continue to hound Sri Lanka at regular intervals and in this instance to eradicate the vicious and voracious ‘Sena’ caterpillar from our soil.

On Tuesday Opposition Leader Mahinda Rajapaksa had urged the government to declare the crisis as a national disaster. This is how vast the crisis we are entangled in.

SRI LANKA’S JUDICIAL INSTITUTION SHOULD NOT BE LEFT TO A FEW BRAVE JUDGES TO UPHOLD – KISHALI PINTO JAYAWARENA

26/01/2019

The ongoing war of words in Parliament over the appointment of judges to the superior courts has an increasingly sinister dimension to it that must not be underestimated.

Eerily familiar signs

Taken together with the push by some politicians and supportive monks to seek a presidential pardon for General Secretary of the Bodu Bala Sena, Galagoda Aththe Gnanasara who is now serving a jail term for insulting the judiciary, the cumulative impact is highly inimical to the continued functioning of an independent judiciary.

The signs are unmistakable and eerily familiar. This is precisely the manner in which judges who acted as the Constitution’s guardian were brought to heel in the past. Then too, parliamentary privilege was used to personally attack judges. Little by devastating little, the edifice of an independent judiciary crumbled. Once upon a time, it would have been inconceivable for a judge to express partisan views from a political platform after retirement. But we began to shrug our shoulders and turn away. The repercussions of those years still rebound as this week, a former Chief Justice was noticed for contempt of court by the Supreme Court. Such a development would have been unheard of two decades ago.

So those cynics who maintain that the Sri Lankan judiciary has itself been responsible for its own degeneration may be correct but only in part. Even during those turbulent times in the past, brave judges stood up to political pressure and performed their judicial role impeccably, with painful costs to health and reputation. Last year, as judicial officers from the Supreme Court downwards to the Magistrate’s Court stood firm in face of unprecedented political chaos, pulling the country back from the brink of a constitutional abyss, we have reason to be grateful for that renewed strength.

Dangerous undercurrent to the attacks

This is why political attacks on judges have resumed and must be resisted in full force. For there is a dangerous undercurrent to the attacks that was absent earlier or perhaps, was not articulated with total political impunity as it is today. Then, the clashes were institutional; the institution of the legislature or the executive against the institution of the judiciary and the competing power dynamics therein. Now there is a distinct crudity to the attacks on the floor of the House, using every weapon to hand (communal, religious, race). This is crossing a line that was not crossed earlier, at least openly. Where will this end? We must surely be glad that Illustrious judges of the Court whose reputations and judgments marked Sri Lanka as a singular example of a Commonwealth country where the law and the Bench was respected despite decades of civil and ethnic conflict, are not alive today to witness this ugliness.

Overall, there are two aspects that are equally important. First, we have the hate-mongering indulged in by pointmen of the Rajapaksa faction as seen recently in statements made from the Opposition benches without any credence whatsoever that judges of a ‘Christian persuasion’ were being favoured over their colleagues in the promotion process. These are crude tactics. But the second aspect of this problem concerns the call by Opposition parliamentarians to disclose the criteria on which promotions and appointments of judicial officers take place. Clearly this is a thinly transparent device to mask its crude tactics but even so, a sensible way of meeting those challenges may be in order.

In the face of a sustained campaign from the Opposition benches in this regard, Speaker Karu Jayasuriya defended the process adopted by the Constitutional Council (CC) this week, saying that the seniority of nominees was just one factor that was considered, along with (as reported in the media), the ‘reputations’ of the nominees and the recommendation of the Chief Justice when promotions of judicial officers were considered. This was in the context of a tussle between President Maithripala Sirisena and the CC in respect of the appointment of the President of the Court of Appeal when the President’s nominee was rejected by the CC. The Speaker observed that when considering recommendations for appointments or promotions as required by the law, the CC followed the same criteria specified in the 17th Amendment to the Constitution.

Disciplinary processes of judges of the superior courts

There is little doubt that seniority is only one of several considerations. Sri Lanka’s history is replete with instances where senior deserving judges have been bypassed for politically compromised choices. However and even so, it is important to note that this matter is linked to a larger question of the disciplinary processes of judges of the superior courts. In any institution, the criteria for promotions takes into account, seniority, performance in the position, inquiries of fraud and corruption or behaviour not befitting the post. This must surely be the same for judges as well. For example, if a judge is found to have misappropriated public funds or taken money from a politician or any other person for that matter or received any inducement (be it a car or the funding of a wedding ceremony of a child), that must lead to impeachment proceedings.

But while it is the Judicial Service Commission which looks into the disciplinary processes of judges of the subordinate courts, an impeachment motion in Parliament (with all its attendant political divisions) is the sole and only option where judges of the superior courts are concerned. That must change. Rather than impeachment at each and every point which is rarely resorted to unless for political purposes in Sri Lanka, the process of inquiry into such allegations must be devised in such a way that it is less politicised.

Further, transgressions of a ‘lesser variety’ (as opposed to impeachable grounds) on the part of judicial officers must also be of record, not float around in the realm of speculation, gossip or the frenzied habitats of the social media. Conflicts of interest that are not declared when hearing a case must rank on the top of that list. In that way, no politician can get up on the floor of the House and bellow that ‘so and so’ should not be disregarded in the process of promotions as the factors militating against such a promotion will be on record.

Courageous judges must not face crude political storms

This calls for serious and thorough reform proposals on the Sri Lankan judiciary that the Bar may well have usefully got itself engaged in during the past three years without swaying from one side of the political divide to the other. Issuing statements condemning politicians who attack judges using parliamentary privilege is just the bare minimum. Much more is expected from the Bar. The strength of Sri Lanka’s judicial institution should not rest on the shoulders of a few courageous judges who are then left to face a crude political storm at the whim and fancy of political ruffians. The events of October 2018 may have gone in an entirely different direction if judicial fortitude had not been demonstrated.

That is a self-evident warning.

(Sunday Times)