CALL FOR SIGNATURES: DON’T ABUSE PRESIDENTIAL PARDON BY RELEASING MONK GNANASARA

29/01/2019

A group of concerned  citizens have drafted a petition addressed to President Sirisena requesting  to (a) Guarantee that Gnanasara will not be released on 4th of February 2019, and any plans to do so are immediately terminated and (b) Direct all agencies involved to expedite investigations into the crimes committed by Gnanasara including in Aluthgama 2014 and prosecute him before ordinary courts with all guarantees of fair trial and without recourse to the death penalty.
The full text of the appeal follows:
31st January, 2019

We, the undersigned civil society organisations and individuals are increasingly concerned by reports that Galabodatte Gnanasara (hereinafter Gnanasara) may be granted a presidential pardon in view of Independence Day celebrations on 4th of February 2019 on the request of a few powerful politicians and religious leaders. Presidential pardons must be granted on objective criteria, including the remorse shown by the convict, the time already served, the circumstance of the case and the crime that has been committed. Without objective criteria, the use of the Presidential pardon to release convicts could seriously undermine the independence of the judiciary and rule of law in the country.
Gnanasara is presently incarcerated after being convicted by two different courts for separate offences of contempt of court and criminally intimidating Sandya Ekneligoda, a woman human rights defender and wife of a disappeared journalist and cartoonist Prageeth Ekneligoda. His absolute lack of respect for the judiciary is evident from his conduct. In this, his vitriolic display of hate towards Sandya Eknaligoda, in the vicinity of the Magistrate’s Court when she was attending hearings into the disappearance Prageeth Eknaligoda. His lack of remorse has also been specifically commented on by the President of the Court of Appeal in his 56-page judgment.

Background of the Perpetrator

We note that Gnanasara has a history of having incited violence against religious minorities in the past, leading to death, to destruction of private and public property, and inciting hate against religious minorities.

He was involved in inciting hate in Aluthgama in 2014, resulting in attacks against Muslims by Sinhala Buddhists in the area and the killing of four persons. To-date, the involvement of Gnanasara in the incitement to hate in Aluthgama has not been investigated, or prosecuted.

There are also reports of his direct involvement in other incidents of violence against Muslims and Christians. It is also pertinent to note that he is presently incarcerated not for his involvement in hate-speech and inciting violence against religious minorities. A pardon now may also make investigations, prosecution and conviction of him more difficult for some of the violence he is alleged to have been involved in and incited.

Serious blow to the Rule of Law

If a Presidential Pardon is given to Gnanasara when he is convicted of contempt of court, it would seriously undermine the rule of law, independence of the judiciary and administration of justice. It will also make victims and witnesses further vulnerable to similar intimidation in the future. It would illustrate the lack of commitment and political will to guarantee equality and inter-religious harmony in Sri Lanka.

In light of the above we are concerned that any move to provide a Presidential Pardon to Gnanasara would result in immunity to similar hardline individuals and groups, to act above the law and to blatantly intimate and threaten victims and witnesses in cases involving human rights abuses and even act in contempt of court. We further condemn the submissions for his pardon made by a few members of parliament, religious leaders and others who had advocated for his release. Their submission is in direct contradiction with the rule of law and independence of the judicary, and may contribute to a threat to freedom of expression and freedom of religion of religious and ethnic minorities. If Gnanasara is released on Independence Day, it would indicate that the Government supports a culture of impunity for those who engage in the type of human rights violations that Gnanasara has been involved in.

In light of this, we the undersigned urge President Maithripala Siresena to;

(a) Guarantee that Gnanasara will not be released on 4th of February 2019, and any plans to do so are immediately terminated;

(b) Direct all agencies involved to expedite investigations into the crimes committed by Gnanasara including in Aluthgama 2014 and prosecute him before ordinary courts with all guarantees of fair trial and without recourse to the death penalty.

Please send in your names and/or organisations as you would like it to appear in the statement, by 31st (thurs) by 12 noon to desilva.marisa@gmail.com .

About ‘The Frozen Fire’ – Beyond Art – Part 1

by Lionel Bopage- Jan 29, 2019

Jan 29, 2019

Comrade Gamini Muthukumarana in his article ‘A Response to Comrade Bopage on The Frozen Fire’ (ගින්නෙන්උපන්සීතලගැනබෝපගේසහෝදරයාටපිළිතුරක්) has raised a number of important issues regarding the article I wrote: ‘The Frozen Fire’ – Art and Political Reality (‘ගින්නෙන්උපන්සීතල’ – කලාවසහදේශපාලනයථාර්ථය). At the outset let me thank comrade Gamini for his contribution to this dialogue.

This response is not about the artistic merits of the film ‘The Frozen Fire’. The idea that comrade Gamini presents whether certain historical events can be accurately depicted in the film or not, should not be an impediment to assess it as a creation of art is a sentiment that both of us share. Nevertheless, we have to move beyond a purely artistic review of the film. It is because the character and dedication of Comrade Rohana Wijeweera is not a topic that can be discussed apolitically; for not to discuss the movement brought to life by his leadership and his character is not only an injustice to the ultimate objective he hoped to achieve, but also to the people and the future of the country.

In fact, the basis of our discussion isand should be,not to make comrade Rohana unpopular, to slander him or to make it inconvenient for various political parties and groups formed on the basis of the April 1971 uprising. I firmly believe that if we had drawn appropriate lessons from the uprising, the space for the society to be subjected to the negative experiences of the 1988-89 struggle could have been much less.

By mid-1983 as General Secretary of the JVP, Iknew comrade Gamini Muthukumarana was a full-time activist working in the Wellawaya electorate of the Moneragala district. Since then the two of us have never met. According to comrade Gamini:

1.    The recreation of reality in a movie in a realistic manner cannot be done one hundred percent and doing justice to those events is similarly difficult;

2.    The filing of the socio-political boundaries relevant to the living character of comrade Rohana into an artistic creation is a difficult task that needs to be done with great care; and

3.    This will involve researching and studying the various characters depicted in the film.

It is exactly due to those complexities that I had limited my previous article to a few simple points about the “lack of doing justice to the historical political conditions” presented in the film.

In producing a film, a number of barriers needs to be overcome before moving to address the technical issues.In script writing, portrayal of material reality can only be done according to the limitations inherent in the sources institutions or individuals provide for its creation. The studies needed about the origins and the nature of the multifarious characters for making the film, are largely based only on those sources. Thereafter, production of the film needs to be financed. Depending on the ideological, political and cultural loyalties and interests of the financing institution or the individual, often certain restrictions would have to be met, or self-imposed.

Comrade Gamini goes on to state: “if harm is caused to the political conditions and characters of the time by making up some falsehood or incorrect news for political reasons, those who have experiences of the time” need to oppose it. And he alleges that while commenting on the film, I have presented “a sub-narrative as well as a critical view about comrade Wijeweera leading to serious differences of opinion”.

The opinion he refers to is that:

1.    comrade Rohana’s moving into underground politics was based on his own decision;

2.    he went underground not after the party was banned but before, on July 25, the day the black July pogrom started; and

3.    the JVP should have vigorously rebuffed the regime’s political and criminal allegations by responding in the open, as the JVP had nothing to do with the July’83 pogrom.

My opinion was that if the film as an artistic work, were to realistically reveal the manner in which the JVP’s political direction and the program had changed since 1983, that could have made a positive contribution while passing on an important experience to Sri Lanka’s social development. Reasons for the party’s oscillation to an ultra-right position during that period has never been properly analysed. My criticism was not about the artistic merits of the film, but about the responsibility of the political entities to set the record straight as to what happened.

According to comrade Gamini: “By presenting these matters knowingly or unknowingly” I have done “a serious injustice to history”. He says that to say comrade Rohana went underground on a decision of his own is entirely incorrect. “The decision to retreat was not a decision comrade Rohana had single-handedly taken following his wish, but a decision comrade Sumith, the Administrative Secretary of the party had taken under the emergency situation”, and “for safety reasons comrade Sumith had arranged to send comrade Rohana and the other comrades who were in the open away from Colombo”, comrade Gamini adds.

To substantiate this argument, he points out that from Colombo comrade Rohana came to Tangalle first, he arrived in Tissamaharamaya the same night and in Kataragama the next morning. He spent the day time in a chena farm in Kataragama and as night fell left with a group of comrades to the jungle for safety. Before they entered the jungle, they came to know that comrade Somaratna Kaluarachchi and I have been arrested.

According to the information I have, the group including comrade Rohana came to Tangalle first and the same night went to comrade Premasiri’s house in Tissamaharama. After spending several days at his house, they retreated to Hambegamuwa jungle. As comrade Sepala Liyanage, the General Secretary of The All Ceylon Transport Workers’ Union has pointed out, at the request of comrade Nandathilaka Galappaththi of the ‘Shakthi’ Press in Kohilawatta, he went by cab to comrade Srimathee’s house in Willorawatta the same day the communal riots started, and took comrades Rohana and Srimathee, their children and some others to Tangalle. Comrade Sepala dropped comrade Srimathee and children at comrade Vijitha Ranaweera’s house and took the rest of the group to comrade Premasiri’s house. After the group had retreated to the jungle, comrade Gamini had come from Wellawaya to join this group.

Comrade Gamini offers another argument to corroborate that the decision to go underground was not a decision comrade Rohana had taken on his own. That argument is that during the first week in the jungle comrade Rohana was aware that, expecting a message from him, comrade Sumith would visit comrade Premasiri’s house. Comrade Gamini also mentions that he took to comrade Premasiri’s house, a letter comrade Rohana had written to comrade Sumith. What I gather from this story is that comrade Gamini would have left that letter at comrade Premasiri’s house and returned to the jungle. However, from the information I have, comrade Sumith has neither been to comrade Premasiri’s house in Tissamaharama, nor met comrade Rohana during this period.

Nevertheless, I do not deny that Comrade Rohana would have spoken about his decision with comrades Sumith and Upatissa Gamanayaka. Comrade Somawansa Amarasinghe came to the Armour Street office about two days after the proscription of the party and told me that comrade Rohana and the other leaders had gone underground. He asked me to come with him to join them for my protection. I advised him that I did not wish to go into hiding for the very simple reason that the party and I had nothing to do with the racial riots. It was vitally important for us to expose the real situation and the falsehoods the state has propagated because if we went underground as a party the government’s misinformation campaign will take hold among the people.

The Central Committee decides on the policies and programs of the party and makes strategic decisions regarding their implementation. The Politburo always makes tactical decisions as to the manner of implementing the decisions of the Central Committee. The instances the Politburo was called to meet within a day were not rare. On July 25, the party had no impediment to do so. Furthermore, the party had no Administrative Secretary, but an Organizing Secretary. That was comrade Sumith Athukorala. His responsibility was to act, supervise and ensure that the decisions taken by the Central Committee and the Politburo are implemented.

It was not unusual for comrade Rohana to take unilateral political decisions outside the normal party procedures. One such example was a decision to disrupt the meetings of the SLFP he had taken at a discussion held at Mr. Maithripala Senanayake’s residence along with comrade Prins Gunasekara. That was not discussed at Politburo. Unfortunately, that decision focused an unnecessary attention of the state on the party.

In addition, comrade Gamini presumes that I would have found it emotionally difficult to go underground because I had “decided to leave the party after the debate on the national question at the Central Committee in July”. In fact, even after the party was proscribed, I had no emotional difficulty in staying at the Armour Street party office. Not only I had decided to stay in the open, but I also notified that decision to the party.

Rethinking After 40 Years On Dr. N.M Perera’s Critical Analysis Of The 1978 Constitution 

By Dhanushka Silva –JANUARY 29, 2019

Dhanushka Silva

In 1978, the Sri Lankan Polity marked a ‘revolution of governance’ (the context jurisprudentially can be referred to as a “Paradigm Shift” in the system of governance), where no one could precisely ascertain what was to happen or what should happen, but could only resort to predict on what might happen. In 1979 two years after, the new constitution came into being, Dr. Nanayakkarapathirage Martin Perera published a book titled ‘A Critical Analysis of the New Constitution of the Sri Lanka Government’. This is an unusual book written by the legendary leftist intellectual in Sri Lanka politics.   

In studying the literature in relation to the Second Republican Constitution, the work has the merit of being the first, competent and rather comprehensive critique which is not entirely based on the author’s subjective political ideologies and judgments, but fundamentally on the objective and multiple disciplines of constitutional law, administrative law and jurisprudence. It is noteworthy, the author’s purpose, frankly avowed as his enthusiasm, was to outline the ill-effects of our current Supreme Law (the 1978 Constitution) in the future political- constitutional world, although his attention to the new constitutional structure and its failures were not witnessed during his time in the way in which our political generation had to endure it. 

Dr. Perera primarily contended that the new system (Constitutional structure introduced under the 1978 Constitution) would smoothly function only with the proper agreement between the President and the Parliament, and inevitably will fail to function in instances where a left majority Parliament has to confront, a right-inclined President or vice versa.  In such anomalous circumstances, the country might face a politico-legal crisis, resulting in the aforesaid disagreement turning into political dilemmas lacking clear solutions. Surprisingly, Dr. Perera’s speculation turned into a reality in 2001-2003. Today in 2018, the situation is more serious given the 19th Amendment to the Constitution. In fact, the recent crisis in Sri Lankan politics is adding on to Dr. N.M’s speculation. Today, the clash between the President and the Parliament is quite obvious not on mere grounds of politico-ideological differences (left wing verses right wing) between the two institutions as contended by the author, but also on other grounds including the political interests as well. At this point, there is a responsibility placed upon to constitutional critics, political scientists and political actors in terms of theorizing the latest political dynamism and clarifying the crisis that has emerged.  

The major problem of the 1978 Constitution which the author highlighted is its capacity to operate democratically, effectively or responsively through a vast system of office called the Executive President, which he understood to be very closer to a dictatorship. Dr. Perera had the clairvoyance to forecast the possible but negative outcomes that might arise as a consequence of the establishment of an extra-ordinary Executive President based on a loose set of principles under both the United States (US) and French-Gaulist models. Dr, Perera writes on the Executive Presidency that “it is said that the president of United State is a dictator for four years; in the case of Sri Lanka, this dictatorship extended by two years” (P. 12). Therefore, the author, in the first place, critically assesses the nature of the Executive Presidency in the 5th chapter and notably takes 7 separate chapters to extensively discusses how the President controls the whole institutional structure, including the legislature, the cabinet, the referendum, judiciary and proportional representation to retain his dictatorial powers on his hands in the 6th, 7th, 8th, 9th, 10th, 11th and 12th chapters.        

Dr. Perera has eyed the fragility of the Parliamentary system as a constructive implication simply because it neatly reinforces the status of the democracy in a country, when the governments are changed in a shorter period of time. Hence, the constant break-down of the government before the completion of the full official term (except 1965-70 government headed by Dudley Senanyake) became a ‘norm’ in the 1948-72 politics in Sri Lanka. Against this fragile political backdrop, Mr. J.R. Jayewardene (then opposition leader) stressed that it is an urgent need to transform the governance towards an Executive Presidential system for the purpose of ensuring the greater stability (economic and political) of governance. This is why, in 1977, the United National Party in its Manifesto sought a mandate to operate the new Republican Constitution under a strong Executive President. 

At this juncture, negating Mr. Jayewardene’s popular claim, Dr Perera emphasizes the Parliamentary System offers fair opportunity, which is largely unpractical under the new system proposed by Mr. Jayawardhene for an opposition to wield the rein of powers. The author takes government breakdowns in 1960 and in 1964 as examples to validate his argument, where in both cases the election ensued registered a change in the complexion of the existing government by then opposition parties. Further, he writes as “Surely, it is in crucial moments like this that true worth of democracy is manifested” (P.9). Dr. Perera at this point, understands that the constant breakdown of governance under the parliamentary system, and the political opportunities that emerged for the opposition parties, are paramount in the eye of democracy. The argument, however, is only of theoretical validity,  and is not however  relatable  when  looking at the pragmatic politico-constitutional context of Sri Lanka between the years 1948-72, there was only one out of eight governments which successfully completed the five-year term. Moreover, the author has not outlined the impacts that could result in case of political instability of the country given such short-term governments. More critically, the author misses how it would affect economic growth and geopolitics. Consequently, the author unintentionally allows the readers to step towards a certain stance in rethinking the best out of the two argumentations in relation to the way in which the politics operated in the 50’s and 60’s.   

Dr. Perera, in the second place, denounces the instantaneous ‘Paradigm Shift’ of a whole system of governance, the transformation from ‘Parliamentarianism’ to ‘Extra-Ordinary Executive Presidential tradition’, boosted by the Second Republican Constitution. Essentially the book reveals the reasons why this change needs to be termed as ‘sudden or instantaneous’: firstly, because the Second Amendment to the 1972 Constitution being treated as an urgent matter; secondly, because the Second Amendment is none other than a hasty effort to transform the institutional structure of the Constitution; thirdly due to the lack of any inclusive discussion on how the new Constitution ought to be acceptable to a wider society.

As has been correctly acknowledged, the sudden changes in the polity undoubtedly led to the perpetuation of instability, insecurity, disloyalty amongst the people. More seriously the law of the Constitution may fail to respond to the needs of the people in the island nation. As Dr. Perera notes, for the law to be credible it must evolve over a period of time and must be capable of changing with the advancing social evolution of the people. The author notes down in the preface of his work as follows: “every parliament has seen a change of government and the people have displayed a commendable degree of political maturity” (P.8). It is clear that this idea interlinks to the Volksgeist thesis put forward by a Frankfurt jurist named Savigny, where he argues the law or the legal system is the product of general conscience of the people and the manifestation of their sprit. But Dr. Perera’s argument makes complexities here, and is confused ordinary reader’s minds, as he takes a legal tradition called Anglo-Saxons which has not derived from Sinhalese consciousness, and has not changed with the political maturity of the Sinhalese to validate his argument. In this light, the author’s understanding, the way in which Anglo Saxon parliamentary system that merely evolved with the interest of the political elitism in Sri Lanka, implicates serious limitations in terms of Savignian thesis. 

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Safe and beneficial labour migration first; GDP secondary, says minister

Launches ‘national’ media campaign, but minister under-emphasises print media's role 

BY SANATH NANAYAKKARE-January 29, 2019, 8:37 pm

Unskilled migrant workers remain particularly vulnerable to employment-related abuse and exploitation, so I'm not too worried about the labour migration numbers which have declined somewhat in the past, and let me remind you that the current regulatory framework governing national labour migration is either solely or partly responsible for the downward trend, Harin Fernando, Minister of Telecommunication, Foreign Employment and Sport said on Monday in response to a query posed by The Island Financial Review.

The minister said so at the launch of 'National Media Campaign' on Safe Labour Migration to ensure the most secure approach for Sri Lankan migrants to get employed overseas, particularly concerning low-skilled jobs.

A preview of the media campaign was shown to the audience at the Sports Ministry Auditorium in Colombo after which the minister said, "The production team have done a great job and I'm in love with the planned radio, TV and social media campaign". Nevertheless, the minister had conveniently forgotten the pivotal role the print media still plays in influencing its wide and stable readership across the country to make informed decisions.

The National Media Campaign on Safe Labour Migration is implemented in collaboration with the Sri Lanka Bureau of Foreign Employment, supported by the Embassy of Switzerland in Sri Lanka.

The campaign aims to encourage all citizens to make informed decisions and follow correct procedures for foreign employment by seeking proper guidance through reliable sources; the 1989 hotline, SLBFE Offices and Development Officers of Foreign Employment based at every Divisional Secretariat and District Secretariat office.

"Lack of access to reliable information for migrant workers and their families has been identified as a major problem that prevents Sri Lankans from making informed decisions when it comes to foreign employment. The absence of easily accessible and reliable sources of information, which could promote better decision-making on migration for employment, causes a great deal of personal and social problems for workers and their families. A large number of citizens, especially in the low-skilled category, choose to migrate without due consideration of its adverse implications, for the sake of personal and family interests. Such actions often leave them vulnerable to exploitation of their rights as well as those of their families," Harin Fernando said.

The campaign will build awareness about getting correct information that will guide prospective migrant workers. It also emphasizes the necessity of registering with the SLBFE prior to departing. In addition, the sources provide advice and facilities to help them build a secure and successful future in the country of their choice, such as information on vocational skills as the improvement of skills and qualifications will improve job prospects, income earning potential, and working conditions, and long-term investment plans," he said.

Hanspeter Mock, Ambassador of Switzerland to Sri Lanka and senior officials of the respective organizations including the ILO took part in the event.

"We hope this media campaign will help mitigate situations where misinformed Sri Lankan citizens find themselves in unfortunate circumstances in foreign lands", Swiss Ambassador said.

Approximately 2 million Sri Lankans are currently working overseas, representing nearly 10% of the total population of the country. The majority of migrant workers are low-skilled construction and domestic workers working in the Gulf countries, who are particularly vulnerable to exploitation and abuse. Foreign remittances, primarily from migrant workers, continue to be the largest source of foreign exchange earnings for Sri Lanka, contributing 8.5% to the country's GDP.

Enter the chartered HR professional: A new frontier for Sri Lanka

Launch of the new CIPM website last November by CIPM Sri Lanka President Dhammika Fernando and Council members

Monday, 28 January 2019 


It is very encouraging to see the opportunities emerging for Sri Lankan HR professionals to reach a charter status. This is in fact filling a long-felt void in the profession of HR. It is in the broad context of the transformation of the Institute of Personnel Management (IPM) to the Chartered Institute of Personnel Management (CIPM).
Today’s discussion is about the prospects of Sri Lankan HR professionals obtaining charter status in joining their chartered counterparts in other professions, in adding more value to national development.


Overview

The word “charter” has earned much prestige over years. The typical dictionary meaning tells us that it is a formal statement, especially by a government or a ruler, of the rights of a group organised for some purpose. The term “Royal Charter” is one such example.

According to the UK Privy Council Office, a Royal Charter is an instrument of incorporation, granted by The Queen, which confers independent legal personality on an organisation and defines its objectives, constitution and powers to govern its own affairs. Interestingly, the Royal Charters, granted by the sovereign on the advice of the Privy Council, have a history dating back to the 13th century. The terms of each charter are therefore somewhat different, depending on the individual requirements of the type of organisation that is being incorporated.

What is the significance for an individual in this context? Based on the description by the UK Commission for Employment and Skills, a chartered professional is a person who has gained a specific level of skill or competence in a particular field of work, which has been recognised by the award of a formal credential by a relevant professional organisation. Hence, the chartered status is widely recognised as a mark of professional competency, and is awarded mainly by chartered professional bodies.

Obviously, there is a greater recognition to the individual and also a greater acceptance of his/her ideas with the built-in authority to take decisions, grant approvals and issue certifications. It is in fact a higher elevation of a professional where a better-quality output with wider implications is expected. This will be a reality for Sri Lankan HR professionals in the near future.
HR professionals to the forefront

An HR professional can be viewed as a senior person engaged in Human Resources activities as an occupation. In other words, a manager with experience and qualifications, handling the responsibilities associated with the Human Resources function of an organisation.

We often here the rhetoric that every manager is an HR manager. There is a truth in it in the sense that every manager has a people management role to play. Yet, the reality is that a manager coming from a specific functional background might not have the required capability to handle all the specific people management aspects. Moreover, there has to be a consistent approach with a clear policy framework.

The point here is that, when every manager plays a “people role”, the HR professional’s role is becoming increasingly strategic. He/she has to act like an internal coach, guide, policy setter and an architect of strategy. It no way makes their role redundant contrary to naïve thinking of getting rid of them.


Salient realities in local scene 
I recall one of my published research carried out on a sample of senior managers who were following MBA degree program at the Postgraduate Institute of Management (PIM). They represented functions other than HR. Though I am not intending to discuss the intricate details of the research, I should mention that a structured questionnaire consisting of two parts, one to be filled by the senior managers and the other to be filled by their respective head of HR was administered.

According to the analysis, only two out of 10 HR professionals were perceived both by themselves as well as their colleagues as having a high strategic orientation. This is in line with previous research findings where low strategic orientation of HR professionals, particularly a perception of such nature in the minds of other senior managers is an acute issue. (Wright and others, 2001).

The data analysis also indicates that four out of 10 HR professionals are perceived as operational players, lacking in their strategic orientation. This is also in line with previous research findings, where a heavy burden of administration with short term focus is on the HR professionals was identified as a regular occurrence (Ulrich, 1988). In essence, what could be seen is not so healthy scenario, with a clear pointer for the need to improve strategic orientation of HR professionals.

In this reality, three key aspects can be considered in order to improve the strategic orientation of HR professionals, revolving around involvement, alignment and contribution.

Strategic involvement of HR: Ensure that HR professionals are involved in the strategic decision-making process of the organisation. In some cases, the opportunity is not available. In other cases, the respective person is not ready to rise up to the occasion due to competency issues. Strategic alignment of HR: Ensure that HR policies and practices are aligned to the organisational strategic direction, and are reflective of organisation’s long-term goals. For this to happen, HR professional has to work closely with other functional colleagues with proper awareness on current issues and future challenges.

Strategic contribution of HR: Ensure that HR function, and particularly the Head of HR is accountable for people-related strategic matters and thus should achieved agreed targets. Quantification of targets with appropriate matrices should be a perquisite for this. It highlights the leadership dimension of a HR professional where ownership of results has to be a must.

I have seen in many corporates, the remuneration committee, a mandatory committee of a board, typically headed by a non-executive independent director, is not from an HR specialisation. The way, the audit committee is headed by a chartered accountant, I think the time has come to insist that a remuneration committee should be headed by a chartered HR professional. CIPM should discuss this with the Sri Lanka Institute of Directors (SLID) and make a common voice towards “exemplary governance”.


New vistas through CIPM 

In raising the profile of HR professionals by way of making them more strategically oriented has become an acute and timely need as we have seen above. In such a context, the transformation of IPM into CIPM is of utmost strategic significance. It was a challenging journey of more than four years in overcoming multiple hurdles.

CIPM was born through the parliamentary (Amended) Act No.31 of 2018 which was passed and certified by Parliament on 28 September 2018. This historical milestone is the beginning of a new chapter of IPM having been in existence for 58 years. Since its establishment in 1960 and its incorporation by an Act of Parliament in 1976, IPM has come a long way in becoming the nations’ leader in HRM.

I recall with gratitude Samitha Perera, whose presidency of IPM pave way for the initiation of the process of transformation to the charter status. It was further carried out by Major Rohitha Amarapala who succeeded him. Thereafter, during my tenure as the President, despite many obstacles, the major transformation was almost done. It is Dhammika Fernando, my worthy successor at IPM who became the first president of CIPM, committedly working towards overcoming the final hurdles in making it a lasting reality.

As Dhammika observes, “In this endeavour we were supported well by successive labour ministers D.J. Senevirathne and Ravindra Samaraweera with the able assistance of the former Labour Secretary Sarantissa. Further the Speaker of the Parliament Karu Jayasuriya and his Secretariat staff have lavishly cooperated in this effort.”

A coherent council and a striving secretariat with the support of many genuine friends in multiple walks of life made the birth of CIPM a reality.


Promising prospects 

As CIPM is the one and only chartered HR body dedicated to raising the standards of HR professionals in Sri Lanka, it is making arrangements to have a professionally designed and a transparently delivered process of evaluating HR professionals in granting them the prestigious charter status. This is very much in line with their newly formulated three-year strategic plan.

With a vision of becoming a Guiding Force and Global Leader in Developing and Managing Human Capital and a mission of Developing Innovative Practices for Unleashing Human Potential, t is marching ahead with confidence promoting core values of Courage, Integrity, Passion and Mastery.

According to CIPM sources, a three P emphasis has been formulated. It is to be more Patron centric, Profession Centric and Practitioner Centric. With a vibrant business school offering Professional Qualification of HRM (PQHRM), the only HR course in Sri Lanka accredited by Asia Pacific Federation of HRM (APFHRM), and a committed consultancy arm providing a variety of services, the future looks promisingly prosperous.

As the President, CIPM observes, “to tie up with the Chartered Institute of Personnel Development (CIPD), UK with an agreement of a  wide-ranging scope in areas such as making our Business School a CIPD approved study centre, to map our curriculum with CIPD and thereby to match our membership framework with theirs and facilitate the option of obtaining automatic duel membership of CIPM and CIPD with their subscription payments, assistance of CIPD to establish our applied research arm and conducting CIPD short courses in demand at CIPM.”

As collaboration is the key to collectively succeed, CIPD, UK and CIPM, Sri Lanka are poised to progress towards prosperity.


Way forward 

Sri Lanka needs an awakened HR profession which will contribute more to the skill building of the nation. Being strategic in planning and being systematic in performing are vital for sustained success. The new breed of chartered HR professionals can raise the bar in committedly contributing towards national prosperity.

(Prof. Ajantha Dharmasiri can be reached through director@pim.sjp.ac.lk, ajantha@ou.edu or www.ajanthadharmasiri.info.)

We may not be ‘breathing clean’ after all !

Unhealthy levels indicated in Colombo Air Quality Index

2019-01-29

As Colombo is transforming itself into a megapolis, authorities seem to care less about air, noise and other invisible types of pollution that may have adverse impacts on our lives. With more trees being cut down to make space for these mega establishments, nature certainly has no other way to absorb these pollutants that keep contaminating the air. On the other hand, the public too seem to ignore the huge amounts of air and noise pollution they are exposed to on a daily basis. Referring to the Air Quality Index (AQI) monitor, the reading as at yesterday (January 28) stands at 132 which means that the level of air pollution is unhealthy for sensitive groups. Therefore, members of sensitive groups may experience health effects. However, the readings keep fluctuating as the monitor gets updated frequently.

In this backdrop, the Daily Mirror takes a closer look at the World Air Quality Index Project and the situation in Sri Lanka and India.

The World Air Quality Index project

The World Air Quality Index (AQI) project is a non-profit project which commenced in 2007 with a mission to promote air pollution awareness for citizens and provide unified and worldwide air quality information. The project is proving transparent air quality information for more than 80 countries covering more than 10,000 stations in 1000 major cities. As the AQI increases an increasingly large percentage of the population is likely to experience increasingly adverse health effects. Computation of the AQI requires an air pollutant concentration over a specified averaging period, obtained from an air monitor or a model. Taken together, concentration and time represent the dose of the air pollutant. The AQI can increase due to an increase due to an increase of air emissions such as during rush hour traffic or from a lack of dilution of air pollutants. Stagnant air, often caused by an anticyclone, temperature inversion or low wind speeds lets air pollution to remain in a local area, leading to high concentrations of pollutants.

Managing air quality in Sri Lanka

In Sri Lanka the air quality monitoring unit of the CEA is continuously engaged in monitoring the arrival of air pollutants from other countries. The major functions of this unit include ambient air quality management and environmental noise pollution management. Hence the Unit is involved in the preparation and review of ambient air quality standards, vehicular emission standards, industrial source emission standards, industrial noise standards, vehicle horn noise standards and vibration standards required to control the environmental damage due to air pollution and noise pollution in the country. The Vehicle Emission Testing programme is implemented to control air pollution caused by vehicles and the Unit is also planning to expand its testing facilities to test the quality of fossil fuels since the major sources of air pollution are poor quality fossil fuels used in the transport sector, power generation and industrial activities.

‘People treat invisible pollution as a temporary nuisance’ 

With the recent fluctuations in the US Embassy Real Time AQI, a few experts have raised concerns over how this matter needs to be dealt with differently. “Most people treat air and noise pollution as  a temporary nuisance,” said Dr. Ranil Senanayake, Chairman of Rainforests Rescue International and Systems ecologist. “Therefore people are not aware that every hour of exposure increase the risk of serious lung damage. Ever since the Urban Development Authority was created we have been calling for the identification and protection of the ‘green areas’ of the city. The irresponsible building of mega-structures that block the air-flow through Colombo demonstrates a total disregard to airflow patterns and public health.

When asked what were the immediate impacts of this invisible pollution, Dr. Senanayake said that immediately it would manifest as persistent coughs, dizziness, phlegm or mucus discharge. “But as exposure time increases it will lead to conditions such as emphysema, asthma and lung cancer. This process is acute in small children. In terms of precautions the public could be alert on air quality reports and they can remain indoors and refrain from doing strenuous work when the pollution levels are high. It is advisable to wear an air-filter mask when exposing yourself to high road traffic. In fact Colombo is getting increasingly unhealthy as a result of the megapolis projects,” said Dr. Senanayake. 

Speaking further he said that there are cheap hand-held devices which could be used to track the level of air pollution. “An example is the portable indoor monitor among other devices. In order to reduce pollution at household level, the public could demand the municipality or local government to set maximum levels of air pollution and legal action could be instituted against perpetrators who exceed the level. You could plant trees and shrubs around your house, include living indoor plants that have a demonstrated capacity for reducing indoor air pollution and install air filtering devices. On the other hand, mega constructions that impede airflow and increase the levels of air pollution should be discouraged.

‘Pollution control measures not economically beneficial’ 

India has been identified as a country with a high rate of air pollution. In his comments to the Daily Mirror, Dr. Punnen Kurian, an expert in rodent control, eco-friendly pest management, waste management, pollution studies and biodiversity conservation said that there are some rules and regulations in relation to air pollution as per the Air Act of 1972. “However, it is mandatory to carry out an Environmental Impact Assessment (EIA) and follow standard methodologies. But these pollution control measure aren’t taken because they are not economically beneficial for these mega projects. Most of these mega projects contribute to both air and noise pollution, but the authorities hardly notice such activities,” said 

Dr. Kurian. 

He further said that the methodology required to cut down air pollution depends on the project. “It’s project-specific. The criteria for a tyre company is different to that of an automobile company. However we have come to realise that the general public is not concerned about air pollution. Therefore education is a priority. If they come across a foul smell they would be concerned, but air pollution isn’t visible, so they may not express their concerns. But the long-term risks are huge. In general water pollution is a major issue and they are more concerned about that,” added the doctor. 
Refer www.aqicn.org and www.waqi.info to get latest updates on air pollution in your area.

Malaysia willingly pays price to support Palestinian rights

Malaysian Prime Minister Mahathir Mohamad says, ”We cannot do anything to Israel, but we don’t want to have anything to do with them.” 

Tamara Nassar Activism and BDS Beat 28 January 2019

A Kuwaiti jiu-jitsu fighter withdrew from a tournament after he was paired with an Israeli fighter.

Meanwhile, Malaysia chose to forfeit its hosting of the World Para Swimming Championships rather than grant visas to Israeli nationals. The Asian nation took the decision in solidarity with Palestinians, but has been fiercely attacked for its stance.

Abdullah al-Anjari was scheduled to compete with Eitan Seri-Levi at the All Americas Jiu-Jitsu Tournament in Los Angeles earlier this week.

“I declare my withdrawal from a local tournament in Los Angeles because I was paired with a fighter who represents the Zionist entity,” the Kuwaiti athlete stated on Twitter.

pic.twitter.com/K8TlToWlmR

— عبدالله وليد ابراهيم العنجري (@AbdullahAnjari) 26 January 2019

“Palestine is more important to me than a world championship.”

Read More

Mahmoud Abbas suspends PA's controversial social security law

Following protests, Palestinian president halts law requiring employees to pay seven percent of their salaries to a social security fund

Palestinians have held protests against the controversial law for several weeks (Reuters)

Monday 28 January 2019

Palestinian President Mahmoud Abbas has suspended a controversial social security law that sparked widespread protests and strikes from workers and businesses across the West Bank in recent weeks.

Abbas said in a decree on Monday that dialogue would continue over the disputed parts of the law, which aimed to get private-sector employees and businesses to contribute to a social security fund that would finance pension benefits.

Critics of the law had argued that a seven percent tax to cover the mandatory social security fees would cripple Palestinian families that are already struggling to make ends meet in the faltering, Palestinian economy under Israeli occupation.

The minimum wage in the occupied Palestinian territories is around $400 (1,450 shekels) per month.

"If the government wants to enforce this social security law, they should raise the minimum wage," Muhammad Zghayyer, a spokesman for a committee of activists who organised protests against the law, said after a strike in January.

READ MORE ►

Palestinian unrest continues over social security law

Shops in several West Bank cities shut their doors on 15 January in protest of the new tax, while activists organised numerous demonstrations demanding the law be overturned.

"In Palestine, we have low wages and high costs of living," Mohammad Taamram, a chef who works two jobs in the West Bank told MEElast week. "How can we think about social security when we’re just trying to put food on the table?"

The law, which was signed by Abbas in 2016, had yet to go into effect, but earlier this month Palestinian companies with more than 200 employees were required to register to join the Palestinian Social Security Corporation (PSSC), as dictated by the legislation.

Palestinian officials had promised to make changes to the law to address some of the critics' concerns. Majed el-Helo, who oversees the PA's social security programme, said earlier in January that "major amendments" had been introduced to the law.

He told Palestinian news agency Wafa that social security benefits will extend to the widows of pensioners after their death - no matter how the person dies, easing concerns by families of individuals killed by Israel.

He also said that the PA was working to offer low-interest loans from the social security programme to companies that meet certain criteria.

Still, the purported reforms did not quell the public protests, leading to Abbas's executive order on Monday.

"Dialogue continues between the relevant parties to this matter to reach national consensus on the rules and date for the application of this law," Abbas's decree reads.

UN court judge quits The Hague citing political interference

Christoph Flügge warns over ‘shocking’ moves by Trump administration and Turkey

 The ICC headquarters in The Hague. Photograph: Peter de Jong/AP

Daniel Boffey in Brussels-Mon 28 Jan 2019 14.49 GMT

A senior judge has resigned from one of the UN’s international courts in The Hague citing “shocking” political interference from the White House and Turkey.

Christoph Flügge, a German judge, claimed the US had threatened judgesafter moves were made to examine the conduct of US soldiers in Afghanistan.

Turkey’s government had earlier made “baseless” allegations to end the tenure of a Turkish judge sitting on a United Nations court known as the International Residual Mechanism for Criminal Tribunals with the connivance of the UN, he claimed.

Aydın Sefa Akay was removed following his arrest and subsequent release over alleged links to Fethullah Gülen, the US-based cleric blamed by the Turkish president, Recep Tayyip Erdoğan, for a failed coup attempt.

“Turkey applied its veto against Judge Akay,” Flügge said. “We, the other judges, immediately protested. But his tenure was nevertheless not extended by the UN secretary general. And with that, he’s gone.”

Flügge, who had been a permanent judge on the International Criminal Tribunal for the Former Yugoslavia (ICTY) since 2008, told the German newspaper Die Zeit that he had concluded in the wake of the developments that the “diplomatic world” saw no value in an independent judiciary.

He warned that the UN’s blind eye to Turkey’s intervention had set an alarming precedent.

“Every incident in which judicial independence is breached is one too many,” he said. “Now there is this case, and everyone can invoke it in the future. Everyone can say: ‘But you let Turkey get its way.’ This is an original sin. It can’t be fixed.”

Flügge said the attitude of the US administration to the international criminal court (ICC) in The Hague highlighted the danger.

 John Bolton strongly criticises International Criminal Court – video

“John Bolton, the national security adviser to the US president, held a speech last September in which he wished death on the international criminal court,” he said.

“If these judges ever interfere in the domestic concerns of the US or investigate an American citizen, he said the American government would do all it could to ensure that these judges would no longer be allowed to travel to the United States – and that they would perhaps even be criminally prosecuted.

“The American security adviser held his speech at a time when The Hague was planning preliminary investigations into American soldiers who had been accused of torturing people in Afghanistan. The American threats against international judges clearly show the new political climate. It is shocking. I had never heard such a threat.”

Flügge said the judges on the court had been “stunned” that “the US would roll out such heavy artillery”.

“It is consistent with the new American line: ‘We are No 1 and we stand above the law,’” he said.