Lawyers challenge the Move to Pardon Convicted Criminal Rev. Gnanasara

(Lanka e News -31.Jan.2019, 5.25PM)  Lawyers for Democracy (LfD) is concerned by reports indicating a possible grant of presidential pardon to Rev. Galagoda Aththe Gnanasara, who is well known for his aggressive conduct and inciting of violence, particularly communal hatred. Rev Gnansara has a long history of fueling ethnic and religious tension in this country. It is unfortunate and telling that no formal legal measures has been taken against him thus far except in an instance of contempt of court and of intimidating Mrs. Sandya Ekneligoda. On 24th May 2018, he was convicted of intimidating a victim witness in the case of the alleged enforced disappearance of political journalist Prageeth Ekneligoda in 2018.

We wish to publicly raise the following concerns and urge President Maithripala Sirisena to consider the rule of law & constitutional implications of deciding to so grant a pardon:

1. In August 2018, Rev. Galagoda Aththe Gnanasara was convicted by the Court of Appeal on four charges of contempt of court for disturbing the criminal proceedings in the well of the Magistrate's Court of Homagama, inter alia, threatening the State Counsel. The incident has been immediately subsequent to a refusal of an application for bail by military intelligence officers who were suspects in a disappearance case. He was sentenced to 19 years of rigorous imprisonment to be served concurrently to be completed within 6 years. He was also previously convicted by the Homagama Magistrate in June 2018 for intimidating witness-victim Mrs. Sandya Ekneligoda in the court and sentenced to 6 months rigorous imprisonment.

2. We have come to know that Rev. Gnanasara has a previous conviction on 22-5-200 in Magistrate Court case number 6315/200 in Colombo Traffic Court on the charge of causing an accident while driving under the influence of alcohol. We are made to understand that there are investigations pending against him regarding other criminal conduct including the communal riots in Aluthgama.

3. The President's power to pardon a convict is subject to judicial review. In our view, prior to pardoning a criminal, report should be called from the Hon. Attorney General and Ministry of Justice. We are aware that neither the Attorney General nor the Minister of Justice has submitted any report regarding the pardoning of this convict. These observations become indispensable as the pardon that will be administered will be for the offence of contempt of court and will signal to the public that it is possible to act in such threatening manner in a court room and with complete disregard to the judiciary and officers of law, and thereafter use the fact that the criminal belongs to the priesthood and through political influence obtain such a pardon. A pardon if not exercised with due diligence and careful consideration of the rule of law implications will contribute to a culture of impunity.

4. We are surprised to read the letter of the Minister of Buddha Sasana forwarding several requests from personalities claiming to be religious leaders addressed to the President in respect of seeking a pardon. We emphasize that the Minister of Buddha Sasana has no legitimate role to play in pardoning a criminal.

5. This is a rear instance of a convict who was sentenced to imprisonment due to his intimidatory behavior in the well of the Court and intimidate the prosecuting State Counsel. Pardoning him will have a chilling effect on the judiciary and the Attorney General's Department.

6. We have seen an unfortunate build-up of media reports justify pardoning of this convict suggesting that he has contributed immensely to Buddhism. It is our view that this media hype appears to have vested political interest. Contrary to the position that appears to be promoted by this reportage, Rev. Gnanasara is seen an aggressive violent individual who worked against ethnic and religious harmony of this country and who was an active politician.

7. We have no doubt that his release will have serious adverse impact on the Ekneligoda disappearance case and all other pending cases of political significance particularly those involving the military. Such a pardon will strengthen impunity in Sri Lanka and discourage victims and witnesses from pursuing justice, as the system would be seen as failing them. This will also create a negative antecedent, particularly of the office of the President which will be perceived as protecting a convict who disrupted and threatened legitimate judicial proceedings. It will also diminish respect for and in the office of the Hon. Attorney General.

We urge the President to consider the broad public implications of the decision to grant a pardon to Rev. Gnanasara and to decide against such pardon based on the immensely negative impact it will have. We will be compelled to resort to all available avenues to resist and redress such reprehensible abuse of power.

Conveners
Lal Wijenayaka
K.S. Ratnavale
J.C. Weliamuna
Sudarshana Gunawardane
Sudath Neththasinghe
Prabodha Rathanyaka
Harishke Samaranayaka

30th January 2019
On behalf of

Lawyers for Democracy

Peoples’ Perspective For National Budget 2019

By Emesha Piumini Perera –JANUARY 30, 2019

Emesha Piumini Perera

 Lanka is now recovering from the political chaos due to the constitutional coup leading to the ouster of the Prime Minister. The economic volatility remains. Sri Lanka requires a well –planned budget that also takes into consideration principles of fairness and equity that will improve the lives of people. Moreover the budget is a mirror that reflects the government‘s direction and commitment towards ensuring human rights particularly economic, social and cultural rights.

Mr. Juan Pablo Bohoslavsky, United Nations Independent Expert visited Sri Lanka (3-11 September 2018). In his report he highlighted the effects of foreign debt and other related international financial obligations on the advancement of human rights, particularly economic, social and cultural rights (ESCR). His report is an eye-opener and one that the government (at all levels) and the civil society organizations should take into account and use as a prism through which to review the programs on development – both in their design and execution. It appears that so when far none of the governments have taken the human rights dimension into account formulating economic and development policies. Human rights tend to be confined to the political arena but not to the economic and social spheres. The report of the independent expert calls for a paradigm shift so that total development efforts are approached from a human rights perspective. 

The report grapples with four objectives, namely, a) to examine the effects of public debt, structural adjustment, fiscal consolidation and other economic reform policies on the realization of human rights; b) to assess the efforts made by the Government to curb illicit financial flows; c) to analyse the effects of international development assistance and lending to Sri Lanka from a human rights standpoint, and; d) to study the efforts deployed by the Government to integrate human rights standards in the financial sector with a particular interest on micro finance.

On June 11, 1980, nearly forty years ago, the Government of Sri Lanka (GoSL) ratified the International Covenant of Economic, Social and Cultural Rights (CESCR) pledging that it would take necessary steps towards the progressive realization of ESCR within the given limits of country’s maximum available resources. Though the Sri Lankan constitution of 1978 recognizes some of the ESCR as directive principles of the state under Article 27, they are not enforceable in any court or tribunal. The attempts were made 2016, during discussions around the draft constitution to include them as justiciable. However, the proposal of the Subcommittee Report on Fundamental rights 2016, have floundered along with the broader constitutional reform process.

The UN independent Expert recognised that, “while maintaining macroeconomic stability is an important concern, this aim should not prevent human rights assessments of these planned reforms, in line with international human rights standards.” In Sri Lanka, the government’s focus is to maintain fiscal consolidation with the goal of achieving a budget deficit of 3.5 percent of the GDP (Gross Domestic Product) (GDP) by 2030. It transpires this target stems from the conditionalities associated with structural reforms prescribed by the International Monetary Fund and other finacial agencies.Sri Lanka is a constant receiver of IMF financial assistance. The Sri Lankan government received another extension of IMF loan of $1.5 billion for three years under the Extended Fund Facility (EFF) on 3rd of June 2016. The loan granted was to support “the country’s economic reform agenda” which is to be based on the six pillars of neoliberal policies. As prescribed by the IMF, the government’s strategy to address short-term imbalances and medium-term challenges rests on 1) Fiscal consolidation 2) Revenue mobilization 3)Public financial management 4) State enterprise reform 5) Enhancing monetary policy 6) Trade and investment facilitation. These pillars, are premised on the needs for fiscal consolidation and revenue mobilization together with Public financial managements. They are premised on the imposition of  austerity measures and  a substantial reduction of public expenditure. 

These budget cuts mainly affects eduction, health, welfare and other social security programs. For example, there is a 20.7 percent decline of budgeted expenditure on education in 2017, fueled by around 2 percent reduction in the recurrent expenditure and more than 40 percent drop down in the capital expenditure. This is a worrisome fact since the capital expenditure is the most vital segment of investments required for improving the education sector while recurrent expenditure focuses on the maintenance of the existing infrastructure. An underutilization of budgeted funds can also be observed in both the education and health sectors in the recent past. For instance, in 2016 the government has only spent 71 percent of what it had been budgeted on education and 79 percent of the amount that had been allocated for health. Sri Lanka can be proud of the free health and education provided to its citizens,. This policy has maintained the literacy and health standards at a reasonably high level. However, in recent years the investments in these sectors have declined and standards have declined.

 In the words of the UN independent expert, “These efforts of public private partnerships should not replace the Government’s primary obligation of ensuring the economic, social and cultural rights equally among everyone and its obligation in allocating maximum available resources.”As such the government cannot undermine the provision of these services to the citizen in the framework of ensuring the ESCR and this must be taken in to account in preparation of the budget estimates of for 2019.   

It is noteworthy that these so called austerity measures were not successful in many countries that obtained the same prescription from the international financial agencies and were harshly criticized by the economists such as Joseph Stiglitz, Paul Krugman and Mark Blyth. According to their argument raising taxes and cutting public expenditure too aggressively can potentially lead to a recession and can result worse outcomes during a period of economic contraction. Even if total debt is reduced, the debt to GDP ratio can increase because the gross domestic product (GDP) can shrink in tandem.  As Krugman noted in his column titled “The Austerity delusion”, the more austere the countries are, the lower the rates of growth. In the cases of Greece, Spain, Argentina and Portugal, the austerity measures have devastated the economies. The troika (the European commission, the European Bank and IMF) tyranny forced austerity measures on Greece and although it was followed by the biggest bailout in the world’s economic history, it only made the situation worse. As such, the failure of these austerity measures both in the social sphere but also in economic sphere has been confirmed. 

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About ‘The Frozen Fire’ – Beyond Art – Part 3

by Lionel Bopage-Jan 31, 2019

Jan 31, 2019

Except for carrying out public campaigns on lifting the party proscription, if the party had no desire to come to the open, then why did the party used me to discuss that issue directly with the President? This was not the first time the JVP had negotiated with the government’s political leadership. On various occasions comrades Rohana, Gamanayaka, Kelly Senanayake and I had met and negotiated with Messrs J R Jayewardene and R. Premadasa and also had phone conversations with them.

In 1987, the government said it wanted to enter into discussions with the JVP. They released Comrade Shantha Bandara, a member of the Politburo and a few others who were in custody. Around 1988, I recollect the government proclaiming an agreement to stop violence signed by Rohana Wijeweera and Upatissa Gamanayaka for the JVP and the Minister of Defence, Lalith Athulathmudali for the state. Father Tissa Balasuriya, OMI initiated this process as a result of a bogus mediation made by a person called K C Senanayake (many had mistakenly taken him to be comrade Kelly Senanayake). However, the government followed up that agreement and issued a gazette notification repealing the proscription of the JVP. The ban on the student and trade union organisations was also lifted and the raids carried out in the south were also halted.

That agreement included a clause to the effect that the JVP will stop its violence and arrange to hand over all the weapons they possessed. However, the day after that agreement was made public, Comrade Rohana issued a press communiqué followed up by another by Comrade Gamanayaka stating that no such discussions were held between the JVP and the government. It went on to say that the JVP will not in the open or in secret bargain with the government and that the agreement Mr Athulathmudali had published was entirely false. This was identified as a conspiracy of the government and the United Socialist Front to slander the JVP and its leadership. The attempt of the government, whether it is genuine or not, failed. By that time the possibility of bargaining with the government was fading fast.

During the same period, some of the conditions the Patriotic People’s Movement, the armed wing of the JVP, had laid down as a basis for discussion were:

1.         the abolition of the Indo-Lanka Accord;

2.         removal of the Indian Peace Keeping Forces;

3.         abolition of the provincial councils;

4.         repealing of the Provincial Councils Act;

5.         freeing all those held in custody;

6.         dismissing some sections of the armed forces; and

7.         holding a presidential election and a general election.

What appears from the above is that from around 1986 the state, while intensifying repressive measures against the JVP, would have also desired to come to a temporary compromise given the escalating instability the country was facing. During this period, the opposition, if elected to power, was even prepared to offer ministerial positions to the JVP.

After 1988, the JVP had clearly overestimated its power to influence events. For example, the JVP would have taken the public obeying their orders that were enforced ruthlessly using force, as an indication of popular support. I strongly believe that the JVP, in an attempt to discourage or weaken the armed forces, would not have decided to assassinate family members of the soldiers or officers who did not quit military service, unless they had overestimated their ability to capture state power soon. With that decision, the state repression against the JVP reached its bloody and brutal climax. From the catastrophe that was occurring at the ground level, it was clear that the repression had reached a stage, in which the state or the JVP could not turn back.

In the period soon after the proscription, if Comrade Rohana could not engage in open politics, someone like comrade Gamanayaka could have come out and exposed the lies of the government and the conspiracies hatched against the party, in particular exposing the secret circular the JVP said to have had in its possession. If such a death threat prevailed at that stage, why couldn’t comrade Rohana go abroad for some time? Engaging in clandestine politics for some time could have led to the tragic decision to launch an armed struggle. Did the unpreparedness of the leadership to engage in open politics during that period until most of the leaders were killed, contribute to strengthening the campaign of repression and violence?

According to comrade Gamini, comrade Rohana had a strong desire to be in direct contact with me, or for me to maintain some relationship with the party. Even on several occasions comrade Rohana had come to Colombo to have discussions with me, he says, even when financial rewards were offered for information on his whereabouts. The last Politburo meeting I attended was in January 1984 somewhere around Ja-Ela. One of the decisions taken there was to arrange a meeting with comrade Rohana to discuss my political issues once more. Accordingly, in early February I was taken to a rural area in Mathugama by comrade Amarasinghe on his motorbike. However, Comrade Rohana did not turn up at the discussion as expected. Meanwhile, I came to know that the member of Politburo comrade Rathnayaka had also left the party in October 1983 due to political issues similar to those of mine about the destination the party was heading.

I cannot think of any obstacles that existed then or afterwards if they wished to contact me, although no political initiative to contact me had been forthcoming. I clearly saw a marked change in the political direction and the forward vision of the party; the significant change being the refusal to recognize the right to self-determination. When the ruling elite wanted to block the path towards building a better and fairer future by shamelessly using chauvinist and racist positions, unfortunately even the JVP itself could not stay away from that process.

Even if there was a discussion between comrade Rohana and me, I suspect whether it could have led to a productive outcome. By then, the JVP had opportunistically surrendered themselves to racists and nationalists, even by sharing the same platform with them. Finally, this led to consolidating and entrenching in society nationalist and racist positions. Since the presidential election in 1982 and during the second armed uprising in 1987, the question why the party leadership was so inclined towards reactionary racist positions is an important subject matter that still needs to be discussed.

Comrade Gamini’s statement that comrade Rohana had shown a strong desire to maintain direct contact with me or for me to maintain contact with the party is flawed. That is because of the slanderous attack the party launched against me when I tendered my letter of resignation. This sadly was not a new phenomenon. If one had a different political position to the one comrade Rohana held, hostility was a common response. Until I was released from detention in December 1983, the party maintained contacts with me through comrades Chitra and Daya Wanniarachchi. As soon as I tendered my letter of resignation the party launched various slanderous campaigns directed at me. Among those slanders were that I betrayed the party while being held in detention, that I surrendered to Catholic Action through comrade Chitra, and that I fled due to the fear of repression the state had launched against the party. Despite this hostility directed at me by the party, any actions of the bourgeois regime against the JVP did not gain my support at all.

When I bid farewell to the party in February 1984, my last request was to make my letter of resignation available for access to all members of the party. However, in light of the new political direction the party had adopted, it is not surprising that the party did not accede to my request. Thus, any democratic discussion regarding the issues I had raised in my resignation letter such as the party organisation, culture, political orientation and direction was scuttled. The issues I raised and the reasons why I left the party have come to light only recently.

Since I wrote the article ‘Frozen Fire’ – Art and Political Reality, I saw for the first time in my political life, one or two comments maliciously implying that I betrayed the party by joining the UNP. I challenge those who make such comments to come up with concrete evidence and if none is forthcoming, for them to stop their slandering campaign. The only thing I could say to those who raise such allegations is that you have swallowed not a simple rope, but a giant one!

SRI LANKA: DECLARATION OF MUSLIM ORGANISATIONS RELATED TO RECENT INCIDENTS

Jan 30, 2019.

 The plurality of religions is a reality of the human experience. All religions acknowledge this fact undeniably. No religion encourages blasphemous or humiliating acts towards other religions.

Islam strongly condemns blasphemy against other religions and offending the feelings of followers of other religions. The Holy Quran guides us in very clear terms: “Do not revile those whom they invoke other than Allah,”[6:108]

It is evident that the religion of Islam, which does not permit abuse of other religious deities, certainly does not permit humiliation of other religions nor permits its followers to offend the feelings of the followers of other religions.

Throughout history, the Muslim community has been living in peace and tranquility among other communities, and has also immensely contributed in various aspects to the development of the country. Thus, any blasphemous or unlawful activity under the name of religion or ethnicity, shall not be tolerated by the Muslim Community. Furthermore the entire Muslim Community strongly condemns any sort of activity under the banner of Islam, which resorts to extremism and blasphemy.

Recently an incident occurred that hurt the feelings of the Buddhist community and some suspects were arrested. After necessary investigations, they should be brought to book and punishments be meted out if they are proven guilty, regardless of whoever they are. At the same time, effective measures should be taken to ensure prevalence of peace and tranquility among all communities within the country. Effective strategies should be formulated and implemented, especially for the guidance of youth, by places of religious worship and civil organizations island wide.

In the absence of an official declaration from the government concerning the said incident, the Muslim community is concerned that the circulation of unconfirmed news, rumours and false assumptions, might disrupt the unity and coexistence prevailing among the communities. Therefore Media institutions, abiding by accepted standards of ‘Media Ethics’, are kindly requested to conduct themselves in a responsible manner while preserving the unity and coexistence that has for centuries prevailed among the communities of this country.

The recent incidents which occurred in Sri Lanka also prove that individuals who carry out religious blasphemy exist in all religions. It is sad to note that from time to time, some people involve in blasphemy against other religions and harm the lives and properties of other religious communities. The disastrous incidents which occurred in the recent past clearly attests to this. If this unpleasant culture of violence continues, the prevalence of peace and prosperity in our motherland that was achieved by all citizens together over all these years, will become a very arduous and challenging task in future.

We urge the Government to ensure peace and tranquility in our beloved country by utilizing all means, such as Intelligence officers to get to the truth and the whole truth behind these incidents, the Police who maintain law and order, the security forces who protect each and all of us and the judicial authorities who establish justice, and be vigilant with regard to anyone acting against the peace and tranquility of our beloved island, irrespective of race or religion.

1. All Ceylon Jamiyyathul Ulama – ACJU
2. Advocacy & Reconciliation Council – ARC
3. Al-Kafaala Foundation
4. All Ceylon Thawheed Jamath – ACTJ
5. All Ceylon Young Men’s Muslim Association Conference – YMMA
6. All University Muslim Students’ Association – AUMSA
7. Al-Muslimath
8. Association of Muslim Youth of Sailan – AMYS
9. Centre for Islamic Studies – CIS
10. Colombo District Masjid Federation – CDMF
11. Families Relief Sri Lanka Trust
12. Federation Of All Mosques In Ampara District
13. Federation of Sri Lanka Arabic Colleges
14. International Islamic Relief Organization – IIRO
15. Sri Lanka Islamic Center
16. Jama’athus Salama
17. Jamaath Ansari Sunnathil Muhammadiyya of Sri Lanka – JASM
18. Sri Lanka Islamic Students’ Movement
19. Kandy City Masjid Federaion – KCMF
20. Markaz Islamic Center
21. Muslim Aid
22. Muslim Council of Sri Lanka – MCSL
23. Muslim Women’s Research and Action Front – MWRAF
24. Nida Foundation
25. Shazuliyya Thareeka

Bloomberg quotes Mahendran on Deutsche Bank alleged money laundering case

PANEETHA AMERESEKERE-JAN 31 2019

Former Central Bank of Sri Lanka Governor Arjuna Mahendran had reportedly offered his opinion to Bloomberg, in reference to a proposed investment by Qatar in the German based Deutsche Bank.
Bloomberg, in a story dated 28 January, quoting Mahendran on the proposed investment, said,

‘There’s a potential liability ahead in case the Bank is fined by the regulators in the United States (U.S.) for those accusations of money laundering. The fear is that you can’t quantify the fine, that’s the known unknown. So they may do both, get the Qataris to put in some equity and merge with another German based bank 'Commerzbank', to fill any holes created by having to pay the anticipated fine’.

Deutsche Bank is presently accused by the U.S. Authorities of money laundering.

How and why perceptions count – and corrupt

SAME OLD THING: Despite the institutional strengthening of anticorruption agencies following the 19th Amendment, consistent failure in implementation has led to very limited progress in arresting and reversing corrupt trends in Sri Lanka. So it’s no surprise that in terms of being perceived as a corrupt state, our island-nation has made little if any progress in terms of global perceptions

 Friday, 1 February 2019

Much has been made of it. If you haven’t heard about CPI 2018, you’re probably living under a rock. And if you don’t want to see what creepy-crawlies dwell there alongside a pure in heart you, don’t pick it – the rock, or CPI 2018 – up.

But for those of us who like to know, the latest edition of the Corruption Perceptions Index (CPI) makes fascinating – if disappointing – reading. For those of us who follow Sri Lanka’s progress – or otherwise – on it, it’s an essential insight into how well we’re doing overall (we’re not). And if Transparency International’s rankings can be taken at face value, our island-nation has miles to go before we sleep.

It’s probably because many promises have been made – on the campaign trail and in parliament among other corridors of power – that we have yet to keep. For one: to bring sundry culprits from a previous regime to book in a transparent manner. For another: to ensure that the introduction of good governance into the administrative milieu would keep present powers accountable. For posterity: to drive the reforms agenda whereby the seeds of a new political culture would be sown in notoriously hard soil.

By the way

For now, it seems that those seeds – and Sri Lanka’s seeding in terms of how corrupt it is perceived to be – have fallen by the wayside. Though where once (2016) we were ranked 95th of 176, today we’re in 89th place with a score of 38 on an index where 0 is ‘highly corrupt’ and 100 is ‘very clean’. Last year, we had the same score (91st of 180 ranked countries). And our failure to improve our score despite a slightly higher ranking means that Sri Lanka may be as beautiful as Bali on Lonely Planet’s 2019 brochure. But we swim with the likes of Swaziland (90/180) on TI’s CPI 2018, where the average global country score is 43 and South Asia’s is 44. (In general, TI says most countries worldwide have failed to stem or stymie leave alone reverse the tide of corruption.)

While we’re nowhere near as bad as Somalia (score 10), Syria and South Sudan (both at 13), Sri Lanka is perceived as being the third most corrupt country in South Asia after Bhutan (25th of 100) and India (78/100). Sri Lanka averaged 83.53 from 2002 until 2018, reaching an all-time high of 97 in 2009 – the year our 26-year war ended and a record low of 52 in 2002… another year of political turmoil when CBK pulled the plug on the then UNP’s Govt. In more recent times, our country score has ranged from 32 in 2010 (rank 91 of 178) to 40 (2012). In the main, we bobbed about in the 37-38 score range in 2013-14-15.

All right-y then! So what does this all have to do with the price of eggs?

Bad eggs

One thing we must keep in mind is that the index is based on perceptions, which have a tenuous (if tenaciously researched) link to reality. TI tells us that CPI deals with “perceived levels of public sector corruption”, adding that “as such, the existence of a legislative framework – without the will or operational ability to ensure timely justice – reflects on Sri Lanka’s clear lack of progress to date.”

Its Sri Lankan chapter chief elaborates: “With the likely conclusion of several high-profile corruption cases in 2019, it is essential that all authorities uphold their impartiality and independence. If the application of the law is interpreted as selective or politically motivated, it could prove detrimental to the anti-corruption drive and the justice system.”

Still, what of the price of eggs in our island republic?
Basket case
An important conclusion to reach might be – as Transparency International itself has inferred – is there is a link between corruption and the health of nation-states. So-called ‘full democracies’ tend to score an average of 75 on the CPI, more towards to the ‘clean’ end of the perceptions spectrum. Those defined by TI as ‘flawed democracies’ rack up an average score of 49. And ‘hybrid regimes’ – a mix of democracy with elements of authoritarianism – score in the range of 35. (Autocratic regimes register average scores of 30 or so on the CPI.) So the think tank version of Sri Lanka’s CPI score plunks it between a flawed democracy and a hybrid regime. Tell us about it, TI!

If the CPI suggests that it’s time to make “real progress against corruption and strengthen democracy around the world”, TI’s call on all governments to strengthen vigorous checks and balances over political power, and ensure the ability of democratic institutions to operate without intimidation, is timely. In fact, the watchdog in tandem with civil society has been agitating for anticorruption legislation, practice and enforcement since our war of nearly three decades ended 10 years ago.
Fickle bureaucracy
We in the Fourth Estate must also nod to TI’s desire to support a free media milieu by ensuring the safety of journalists and their ability to work without intimidation of any ilk. The organization’s call to support civil society institutions, which facilitate critical political engagement and public oversight over government spending, particularly at the local level, is also salutary in terms of arresting alarming trends in how the state sector is perceived.

We endorse them, and can add a few more mirrors in which to reflect back at the Berlin-based ‘anticorruption coalition’ (as it styles itself) our own perception of state/national corruption. Be TI’s yardsticks for measuring corruption as they may – a rigorous methodology bolstered by meticulous research – we have our own gauges. It is far more fly-by-wire than any index. But perhaps far more perceptive and insightful! And rather than a rank or score, it is a finger – index or otherwise – that we use to show our corrupt bureaucrats and politicos what we think of them…
Failed statesmen
For as long as presidents declare egregious street-level warfare on drug pushers but pal up to traffickers in minister and mandarin ranks, perceptions of high-level national corruption will remain rife. And as long as prime ministers who promised to introduce and sustain a new political culture hobnob with goblins allegedly culpable of genocide and gremlins guilty of murder and grand larceny at public events, perceptions of corruption will dismay the sea-green incorruptible civil society champions who still mouth platitudes about Mr Clean. And the less said about how leftover cheats, thieves and robbers from previous regimes still seem to be at large, to pursue life, liberty and happiness, the better – it seems.

In fact, for as long as progressive legal reforms such as giving citizens the right to freely access asset declarations of public representatives (vide RTI) and the National Audit Bill fail to deliver – at least in terms of raising Sri Lanka’s anticorruption profile – we’ll be left holding the baby of a lack of bureaucratic probity and also think political will has been thrown out with the bathwater.

That is probably why TI’s Sri Lanka chief said last year after CPI 2017 was released: “It would seem that the anticorruption drive has limited momentum.” We wouldn’t be surprised if he repeated himself in 2019. And CPI 2018 – for all its rigour – is only the tip of the iceberg.

We know! think! suspect! that the rot runs rather deeper than that. It is time to dig, expose, uncover. The inauguration of a centre for investigative journalism in Sri Lanka in the same week as the CPI was released harbours some hope in this respect. Sure there’s miles to go but it seems some old hacks and serious journalists are not going to sleep soon… unless it’s with the fishes. So once more into the breach to close the wall and bridge that gap!

(Journalist | Editor-at-large of LMD | Writer #SpeakingTruthToPower)

The Days We Screamed

01/31/2019

Yes, we screamed. Mostly out of fear. At times, in joy when the opposing side faced more loss than us. Lives were taken for granted, numbers of the fallen mattered much more than lives saved, on both sides. There were arguments, hate speech even among friends. This emotion was reflected in the art scene as well. The exhibition “The days we Screamed” brings together paintings and artworks by then young artists who gave artistic expression to the period we lived through.

Initially artists like ACGS Amarasekara who followed the Victorian style mainly concentrated on landscape and portraits. This trend underwent a drastic change with the emergence of the “43 group” who introduced Parisian modernity into Sri Lankan art. However, the art remained figurative and representational in nature. The subject matter dealt by the members of the ’43 group was similar to that of their predecessors – landscapes, portraits and village scenery.

This situation underwent a change with the emergence of H.A. Karunaratne as an influential artist with his skills acquired from New York. This effect was witnessed in the 1960’s as the non-figurative tradition of painting established itself as a way of expressing “spirituality” in Sri Lankan modern art. This trend had great appeal among the people who were conditioned by the Buddhist philosophy. Though Karunaratne’s art practice had great relevance to Sri Lankan context in terms of its spiritual inclination, it failed to reflect the increasing anxiety and stresses that was gradually engulfing the Sri Lankan social life.

In the early 1970’s Sri Lankan political landscape started changing with violence becoming an integral part of society and politics. The first JVP insurrection of the early 1970s followed by post-election violence in 1977 and the racial riots of the late 70’s foretold the violence that was to be unleashed over this island nation in the years to come. Though in the field of theatre these gradual changes were assimilated, visual artists remained seemingly immune to all the violence that was creeping into social life in Sri Lanka.

The early 1980s saw the worsening of ethnic divides and the start of armed conflict between the JVP, the LTTE and the state. Even in this political turmoil, the art of the 1980s did not reflect the changing socio-political environment. However, a younger generation of students who were witnessing all these changes came to the forefront in the early 90’s. Jagath Weerasinghe’s 1992 exhibition “Anxiety” marked a turning point in the visual art scene in Sri Lanka.

With this, a young generation of artists who were independent, flexible and energetic started using ancient and contemporary idioms with social consciousness. Their art showed the possibility of making art with multiple layers of cultural and social meaning. In their hands art assumed new dimensions, beyond being a medium of pure entertainment and enjoyment.

This period also introduced new forms of expression in visual arts which were hitherto unknown to the gallery-going public of Sri Lanka. Installation art and performance art became powerful medium for these artists to express their ideas.

Artists who were at the forefront of this change included Jagath Weerasinghe, Chandraguptha Thenuwara, Kingsley Gunatilake, Anoli Perera, Muhammad Cader, Godwin Constantine, Pradeep Chandrasiri, Pushpakumara Koralagedara, Bandu Manammperi and T Shanaathanan. There were younger artists who followed the same lines later.

Jagath Weerasinghe’s paintings centred mainly around distorted male figures expressing anguish and despair of the period. His exhibition “Yantragala” used traditional motifs to express contemporary issues. His innovative approach in art inspired many young artists and art students.

Thenuwara’s art practice consisted of socially and politically integrated subject matters. His art works reflect political conflict, disasters, and the social and economic hardship our people have gone through and are still going through. Thenuwara’s life experiences along with his training in Moscow moulded him into a socially engaged art activist. His camouflage painting and barrel installations have become unique symbols of Sri Lankan ethnic war.

One of the notable female artists from this period is Anoli Perera. Though Sri Lanka has a long history of producing many leading female artists Anoli stands out in fusing ancient and modern idioms to express the double burden (domestic and political) experienced by Sri Lankan women.

Kingsley Gunatilake has used his exuberant palate to produce Greenbergian-type canvases. However, his strength lies in his powerful installation work. Kingsley can be regarded as a unique artist who used the maximum expressive potential of installation art in Sri Lanka.

The art scene of the 1990s also saw the emergence of performance art. The author’s first performance “Broken Palmyrah” was in 1994. This trend was followed by Bandu Mannamperi and other younger artists later.

Editor’s Note: “The Days We Screamed” is an exhibition which brings together art work by this generation of artists. This exhibition is at the Theertha “Red Dot Gallery” in Borella, and will be open to the public from the 26th of January to the 1st of February.

Hang them not, or hang them?

Friday, February 1, 2019

While President Maithripala Sirisena reiterated very sternly that he would carry out the death penalty for major convicted drug offences who continue the illicit drug trade while in the death cell. He declared that he had entrusted the Armed Forces, Police and the Civil Defence Force with the task of eradicating the narcotics menace the way they had destroyed the LTTE.

While the President’s decision to carry out the fight against drugs on a war footing did not face any adverse response, some human rights activists expressed alarm about his references to the strong arm tactics adopted successfully by President Duterte of the Philippines.


Furthermore, the Committee for Protecting the Rights of Prisoners (CPRP) came out with a most surprising statement that they would take legal action if there was a move to arbitrarily execute persons convicted of drug related offences, who are found repeating such offences during imprisonment. However, CPRP Chairman Senaka Perera’s argument against execution falls flat by his own logic that the prisoners should be given a chance to correct their criminal ways. "rehabilitation where the wrongdoers are afforded an opportunity to rectify themselves is the solution. This shows respect for human rights,” Perera asserted.

Drug offenders

The CPRP seems to have forgotten the fact that President Sirisena’s proposal is to carry out execution for the drug offenders who continue their criminal drug trading while in prison. If these criminals carry out drug smuggling while in prison, it is very clear that these criminals do not have any desire to rectify their errant ways and become good citizens.

“Students are the main target of narcotic dealers and therefore we conduct awareness programmes in schools,” President Sirisena said adding that when the National drug Eradication Week was announced a student had questioned whether the drug menace could be eradicated within one week.”
Schoolchildren are the main target of drug traffickers and the Presidential Task Force carried out dangerous drug awareness campaigns in 51 schools in Matara district this week. The President, who attended an awareness programme at the Ruhuna University, presented certificates of appreciation to the best contributors to the drug eradication campaign. The University of Ruhuna received a cash award for establishing a research unit for eradicating narcotics.

CPRP Secretary blamed Parliamentarians and drug barons for importing drugs into the country and charged that, “President Sirisena, despite being the first citizen of a democracy, which has human rights obligations as per international conventions, entered into a war in favour of the inhumane hangman’s noose”.

The CPRP cannot be ignorant that those who continue drug trade behind prison walls are drug barons who were caught with hundreds of kilos of narcotic drugs worth millions of rupees. President Sirisena said very clearly that his intention is to execute few large scale drug dealers who continue drug smuggling from their death cells. In other words one or two drug barons will face hangman’s noose and not minor offenders. If any Parliamentarians are involved in drug smuggling – there very well could be few judging by the anti-social tendencies display by few MPs – it is for the police to investigate and bring the offenders to book. The learned CPRP office-bearers should understand that President Sirisena cannot be expected to hang MPs without a conviction by the court.

President Sirisena referred to those who ridicule the national programmes for drug eradication. Without mincing words he said that whatever said and done, he strongly believe that those who are trying to deplore these activities have some connection with drug trafficking. Whatever the guise they use, it is clear that the people who try to ridicule the drug eradication programmes are under the control of narcotics drug dealers. The drug barons have unlimited funds to buy people and they are even powerful enough to topple governments.

New programmes

The President said while continuing the programmes that are being implemented to control and eradicate illicit drugs, new set of programmes will also be launched within the next few months aiming at the schoolchildren and public servants to further strengthen the fight against drugs.

He added that the fight against drugs will be carried out on a war footing, similar to the war to defeat LTTE terrorism.

The President said that he is determined to carry out capital punishment for repeated drug offenders. Pointing out that certain forces with an agenda carry out campaigns against the Theravada Buddhist Philosophy, the President said that the illicit drugs are also a part of a major coup of certain organised groups to destroy the country. Under these circumstances, it is essential to take stern decisions and it is the duty of everybody to join hands in the campaign to eradicate drugs, the President emphasized.

This 13th programme in Matara is the district meetings of the “Mathin Nidahas Ratak” conducted under the instructions of President Maithripala Sirisena and operated under the Presidential Task Force Drugs Prevention. A broad set of programmes were held centering Matara district in the late October. Under that, all the districts were covered and 650 rural programmes were held at Grama Sevaka division level and the officers and the public were made aware of the programme. An awareness programme was conducted covering 51 schools of five regions in collaboration of the Navy and Air Force.

Palestinian girl fatally shot at Israeli checkpoint

Israeli forces killed a Palestinian girl at al-Zaayim checkpoint in the occupied West Bank east of Jerusalem on Wednesday.

Ali Abunimah Rights and Accountability 30 January 2019

Israeli police claimed that Samah Zuhair Mubarak attempted to stab a security guard at the checkpoint before she was fatally shot.

The Palestinian Authority health ministry gave Mubarak’s age as 16, and media reported she was in the 11th grade.

No Israeli soldiers were injured during the incident, as in many previous cases in which an alleged Palestinian attacker was killed.

An Israeli police spokesperson tweeted a photo of the knife he claimed Mubarak had carried:

View image on Twitter

Micky Rosenfeld@MickyRosenfeld

Female terrorist armed with knife attempted to stab security personal at security crossing azaim, Jerusalem. Terrorist shot. Units at scene.

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3:55 AM - Jan 30, 2019

Israeli police also released an edited video said to show parts of the incident.

Attempted stabbing attack in JLM: A 16 year old attacker, a resident of the West Bank, arrived at the az-Za'ayyem checkpoint and attempted to stab the security personnel with a knife. Quick response by the forces managed to neutralize her pic.twitter.com/vUO6vYcm1w

— Israel Police (@israelpolice) 30 January 2019

The video shows a person wearing all black and carrying a backpack approaching the checkpoint.

It then shows an altercation from a distance in which a person appears to stumble or lunge forward, and then fall backwards onto the ground as if shot.

The video is edited such that it does not show what happened in the seconds prior to the altercation and shooting.

It also shows a soldier handcuffing the clearly incapacitated Mubarak who is lying on the ground while another soldier points a rifle at her.

Medical aid denied

In many cases of alleged or actual attacks by Palestinians against Israeli soldiers, occupation forces have habitually used unnecessary lethal force – extrajudicial executions – against persons who presented no imminent threat or had ceased to present a danger.

“In some cases, Israeli officials have said Palestinians appeared to have carried out attacks or attempted to do so in order to be shot dead by Israeli security forces, as a form of ‘suicide by cop,’” the Times of Israel statedafter Wednesday’s shooting.

Local media reported that Israeli forces prevented first responders from providing first aid to Mubarak after she was shot.

None of the images released by Israeli police or those circulating on social media and seen by The Electronic Intifada appear to show any examination of Mubarak by medical personnel or life-saving efforts taking place.

Medical care is habitually denied or actively prevented for Palestinians shot by Israeli occupation forces.

In reference to such incidents in the past, Amnesty International has stated that it is “a basic duty under international law to provide medical aid to the wounded, and failure to do so – especially intentional failure – violates the prohibition on torture and other cruel, inhuman and degrading punishment.”

This video shows soldiers looking through Mubarak’s school bag after she was shot and finding only school books:

#شاهد لحظات إعدام جنود الاحتلال للشهيدة الفتاة سماح مبارك "16 عاما" الحافظة لكتاب الله على حاجز الزعيم شرقي القدس، وهي طالبة كانت تحمل حقيبتها المدرسية. pic.twitter.com/SOp37jN6Fq

— وكالة شهاب (@ShehabAgency) 30 January 2019

Family shocked

A family member told Palestinian media that following the killing of Mubarak, Israel detained her father Zuhair Mubarak after summoning him for interrogation at Ofer military prison.

“We knew that Samah was going to school, and we were surprised by the news of her death. We do not know any other details about what had happened at the checkpoint.” the family member added.

Mubarak’s family is originally from the Gaza Strip, but lives in the occupied West Bank town of al-Ram, north of Jerusalem, where her father moved at the age of 18.

She is the third Palestinian child to be killed by Israeli forces since the beginning of 2019.

“Samah has a childish personality, she has no extremist thought or ideology, she comes from a religious family, we are all religious, and she would not do what Israel claims,” Samah’s uncle, Fathi al-Khalidi, told the publication Donia al-Watan.

Fatal tear gas canister

Meanwhile in Gaza on Tuesday, 47-year-old Samir Ghazi al-Nabbahin died from injuries he suffered during Great March of Return protests last Friday.

The Palestinian health ministry in Gaza said that al-Nabbahin was hit in the face with a tear gas canister fired by Israeli occupation forces.

On 14 January, another Palestinian in Gaza, 13-year-old Abd al-Raouf Ismail Salha, died from injuriessustained when he was shot in the head by an Israeli tear gas canister days earlier.

Al-Nabbahin was buried on Wednesday amid scenes of anguish:

شبكة قدس الإخبارية

✔@qudsn

قطاع #غزة يودع الشهيد سمير النباهين (47) عاماً والذي ارتقى بعد إصابته بقنبلة غاز بالرأس أطلقها الاحتلال شرق البريج.

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8:37 AM - Jan 30, 2019

شبكة قدس الإخبارية

✔@qudsn

بكاء أطفال الشهيد سمير النباهين خلال وداعه وتشييعه وسط قطاع #غزة اليوم.

15

8:42 AM - Jan 30, 2019

At least five more Palestinians were injured by Israeli gunfire on Tuesday as they participated in a weekly march in the north of Gaza against Israel’s maritime blockade of the territory.

Tamara Nassar contributed research.