Amidst the political turmoil that took place in late October 2018, it was wholly predictable that Sri Lanka’s Counter-Terrorism Bill approved by the Cabinet just the month before, quietly slipped past public scrutiny. At a time when the country’s constitutional order itself had been shaken to its (albeit not entirely steady) foundations, the Bill was the least of anyone’s concerns. However now that we are back at the mundane business of every-day life with its quota of typical government dysfunction, this Bill deserves to be focused on given some of its problematic contents.
A bill having a colourful past
It may be recalled that the Bill has had a colourful past. Promised as an option to replace the oft critiqued Prevention of Terrorism Act (PTA), its initial formulations led to fears that the proposed cure would be worse than the disease. Disguised as a policy framework on counter-terror, it emerged from time to time in leaked versions to the media in many shapes and sizes, somewhat like the deceptive chameleon, masking the same worrying clauses in different language, bringing in espionage and vaguely defined offences under the broad cover of terrorism offences.
At a point, it became a test to see as to what deceptive tactics would be indulged in at each and every time that the draft was amended. Writing in these column spaces in late 2016, I ruminated that reading through these drafts risked exposing oneself to cruel, inhumane and degrading treatment within the meaning of Article 11 of the Constitution (see More (Legal) Horrors of Sri Lanka’s Counter-Terror Draft’, Focus on Rights, November 6th 2016) given the draft’s atrociously wide reach of acts classified as offences. If taken on board at that time, virtually the entire range of democratic activity in Sri Lanka would have been within the scope of being classified as a ‘terrorist activity.’
Cut and pasted from uninspiring foreign models that do not serve as guidance in Sri Lanka’s country context, those drafts were truly an abomination to behold. Public uproar resulted with its contents being progressively amended until the Cabinet approved Bill in 2018 was arrived at. However, while many of the totally obnoxious provisions have been taken out, remaining clauses in the Bill continue to cause worry.
Conservative judicial reasoning
The Determination of the Supreme Court in response to a challenge filed to the Bill (SC/SD 41-47/2018) escaped public notice due to the fact that it was handed down during the October tumult. The reasoning of the Court was in the main (if one is to be kind), somewhat pedestrian. The unconstitutionality of some clauses that could be remedied by amendments once the Bill is returned to Parliament was indicated. Interestingly and unsurprisingly, clause 93 (3) of the Bill which stated that the expression ‘law’ included international instruments which recognise human rights and to which Sri Lanka is a signatory’ was struck down by the Court as being unconstitutional and violative of the legislative power of the people.
Further, in the instance of the exercise of magisterial discretion in deciding to release a suspect from detention following completion of detention served under a detention order, an assurance was given to Court that this discretion would be strengthened through an amendment brought to the Bil in the House. Even so, stronger pronouncements may have been made on the importance of life and liberty rights considering the categorically definitive cursus curiae of the Court in safeguarding these very rights in the mid nineteen nineties.
Upholding constitutional safeguards
Notably the Court declined to hold that the increased detention period of 48 hours in police custody violated the constitutional guarantee to be speedily brought before a judge of the nearest competent court on arrest, as detailed in Article 13 (2). This was on the basis that the PTA already contained such a provision of extended detention (78 hours, Section 7) and that a holding that the Counter-Terrorism Bill infringed that constitutional guarantee would be tantamount to declaring that the PTA infringed the Constitution which, as the Court declared, it could not do as it had no jurisdiction to inquire into or pronounce upon the validity of an existing law.
It is difficult to see however as to why the Court could not have limited itself to the Bill before it for scrutiny as opposed to drawing inferences as to what its holding on the clauses of that Bill may mean to enacted legislation which had been impugned time and time again as violating constitutional rights. Similarly the Court declined to superimpose the constitutional safeguard of production before the ‘nearest competent court’ on that clause of the Bill (clause 27 (1)) which only stipulated that the suspect must be brought within 48 hours before any magistrate.
It is clear that the constitutional framers used unambiguous language in inserting the safeguard that production of a suspect should be before the nearest competent court as these are rights that must be jealously safeguarded. In that context, the fact that the Court uncritically accepted the contention of the Attorney General that this was not a practical measure as a police officer may not be able to reach the ‘nearest’ magistrate due to ‘terrorist activities’ is unfortunate, to say the least.
Archaic thinking regarding national security
In other respects as in the case of considering the broad ambit of proscription orders that can be issued by the Minister on organisations purporting to be engaging in an act that is an offence under the Bill or in any activity that infringes national security, it is clearly evidenced that elements of proportionality and necessity stressed in judgments of the Supreme Court itself in similar matters in the past, were not given the emphasis that they deserved. Instead, the judicial thinking inclined towards reminders that fundamental rights may be restricted by law in the interests of national security. While this is, of course, self evident, the privileging of national security over constitutional rights is an archaic concept that has long since been discarded in judicial thinking within this country. In that regard, this decision of the Court makes for disappointing reading.
In sum, existing provisions of the Bill which indeed should have challenged include clauses that attempt to criminalise freedom of expression and the distribution of information to the public even when the same comes within the ambit of allowable speech and does not incite or advocate the causing of an offence but merely causes such a ‘fear.’ These are vague provisions that need to be defined more specifically if police officers are not to intimidate and penalise citizens at their whim and fancy.
The dangers of these laws in a country like Sri :Lanka where the Rule of Law is on unsteady grounds and where key prosecutorial and policing functions are highly politicised is very clear. This Bill, in all its new and expansive aspects in dealing with counter-terror, needs to be rigorously examined before it is passed by our legislators.
In the alternative, the consequential impact could still, be far worse than the horrific but familiar PTA.
Families of the disappeared in Vavuniya protest today, marking their 715th day of continous demonstration demanding answers for their disappeared loved ones.
Marching with banners called on the United States and the European Union to take action, mothers of the disappeared also condemned the TNA leadership.
"Tamils get first freedom after removing panderers Sampanthan and Sumanthiran from Tamil politics," a large banner read.
Families of the disappeared have been protesting continously, demanding the government provide answers to the whereabouts of their loved ones.
President Maithripala Sirisena, Prime Minister Ranil Wickremesinghe and former President Chandrika Kumaratunga. The present Government, having promised baskets of goodies to the people at the elections, now appears to be in a dilemma not knowing how to run good governance– Pic by Shehan Gunasekara
CBK charged a senior minister who was the biggest rogue in her Cabinet
Tuesday, 5 February 2019
The President during his presidential election campaignhad stated: “I will achieve for the country 10 times the development that actually occurred during the past six years only by preventing mega corruption and wastage that existed in the country and provide relief to the people.”
He had further emphasised: “I will expose to the country the true state of the loans.Irregularities in obtaining and managing loans will be rectified. Also urgent steps will be taken to lighten the State debt burden.”
The President at a meeting recentlyhadsaid that he was fully well aware of what was happeningin ministries,departments and other institutions coming under his Government and added that he was unable to clean up the mess, for reasons well known to him. He regretted that he was unable to reveal all that until he ceased to be the President.
I recall both CBK and MR too said similar things. CBK accused a senior minister, without mentioning the name, saying that in her Cabinet a certain minister was the biggest rogue. This accusation was made ata meeting where a team of IMF officials including Jeremy Carter, a top official from Washington, and the Resident Representative NadeemUlHaq, were present. It was thereafter revealed that a sum of Rs.43 million was found in a lockerwhich had belonged to the relevant minister.It also had been reported that these monies had not been duly declared in the declaration of assets, which is a legal requirement in the country.
Minister Ravi Karunanayake recently warned that the country was bankrupt and heading for disaster.According to one economist,“Persistent shortfalls in growth rates compared to comparable countries provides prima facie evidence of State failure and its severity.” If so,who is responsible for creating an ungovernable Sri Lanka?According to Michael Ignatieff, there are several causes such as maladministration, interference, and abandoning power and authority. MS Government has done nothing substantial
The MS Government was elected to power with the specific task of managingand seeking solutions for an acute economic and financial crisis facing the country. They have already wasted four years – and nothing substantial has been done todate.
As pointed out by William Reno, in Sri Lanka,Elected Political Executives (EPEs) have created a framework of rule outside formal State institutions, a shadow of State bureaucratic agencies based on personal ties to make the lives of the populationless secure and more materially impoverished, since all that encourages poor voters to seek the EPE’s personal favour to secure exemption from these conditions.
Given the grave consequences, the Government has a responsibility to prevent further chaos. Nevertheless, it has apparently disregarded all that and sent a letter to the Secretary-General of Parliament to take up the letter in Parliament to form a national government once again. This is a crime! Failed states
Robert Rothberg, who specialises in failed states, two decades agohad raised the question why Sri Lanka, in spite of separatist war and widespread insecurity, had not joined the failed states bandwagon.He had said that it was because Sri Lanka had been fortunate to hold regular elections and its ability to continue to deliver basic legitimate functions.
Does that mean if Sri Lanka had managed to deliver these basic functions,it can never be pushed to the status of a failed state in keeping with the predictions of RK?Could it be some unforeseen miraculous power protecting this country?
Why did this Government eventually change the cabinet portfolios on several occasions?Surelyit ispurely to overcome difficult situations? In the current context, portfolios are allocated not to enhance performance but as a tool to obtain support of other parties in coalitions in Parliament, which is enticement.That is exactly what MR did after having ended the war. Government in a dilemma
The MS/RW combination too so far has disregarded the requirements: to serve the citizens; pursue public interest;value citizenship; think strategically while acting democratically; recognise that accountability is always honoured; serve with passion; and being compassionate to people not just productivity.
The present Government having promised baskets ofgoodies to the people at the elections, now appears to be in a dilemma not knowing how to run good governance.The President and the Prime Minister are therefore miserable failures.
Professor Gerard Caiden of the University of Southern California had pointed out that owing to multiplicity and complexity of changes taking place globally, citizens require effective and efficient governments, with good leadership as never before.
Techno-bureaucratic governance with public service professionalism is fundamental in contemporary public service with certain crucial requirements such as: rule of law; providing most essential public goods; ensuring public responsibility and accountability; setting an example at the top; improving both meritocracy and service delivery with professionalism; and promoting and honouring democratic principles of governance. Rent-seeking politicos
It is sad that the MS/RW Government does not have any clue at all about the need and its role at the top how to formulate and introduce strategic policies and methods to (re)invent the ramshackle institutions including Parliament to move from routine administrationto that of development planning and management. Over the past few decades, rent-seeking politicos have totally destroyed the values of the public service having sacrificed meritocracy for expediency and opportunism.
I must add many decades ago, we had a public administration system considered to be one of the best in developing countries. Our rulers were thereafter unsuccessful in exploiting development challenges and opportunitiesto take the country forwardin post-independent Sri Lanka. I have no doubt, unlike Malaysia, Singapore, Indonesia, our leaders missed the bus, having disregarded their bigger roles and proved piteously unsuccessful.
Theyhad willingly given up their legitimate role even after ending the war. It is all because they practice everything against the norms. The elected political executives – the President, Prime Minister and the Cabinet Ministers– are only expected to make laws and policies and bureaucrats should take orders from the political executives for the implementation of the policies formulated by them to run ethical and moral governance. An EPE should have the courage and the confidence to make tough decisionswithout inflicting pain and misery.
The officials of the Department of Customs have launched trade union action as a mark of protest against the removal of P.S.M. Charles,Director-General customs, by the Ministry of Finance. The strikers say that the transfer was unjust and that this is the fourth officer to be replaced during the last four years. This is the first time in contemporary Sri Lanka that a trade union has come forward to fight on principles to defend their service demanding that the Government should not resort to unethical governance. UNP has not learnt the lesson
It is good proof that the UNP too has not learnt the lesson that abusing power could be lethal. Elected Political Executives (EPEs) must understand that “an efficient, capable, disciplined, professional, skilled and relatively autonomous bureaucracy, driven by a nationalistic political elite that privileges economic development”.
Our public service has been described as corrupt, inefficient, and a big drain on the economy. EPEs do not introduce measures to arrest the performance failure, the public service delivery and have virtually defied all approaches towards tackling the problem of bribery, corruption, inefficiency, disregard to ethics, morality, etc., and capacity collapse. I must add that the PM had said that the “Black Media”is growing. How is it that he pretends he has not seen that corruption or “Black Market” bureaucracy and other counter-productive attitudes are flourishing right under his nose?
If this country needs to prosper, we need to create a public servicewhere the EPEs should allow the public officers to run their organisations independently, with efficiency and effectiveness.Nevertheless, when it comes to policies, that is where the EPEs becomeanswerable and accountableto the Parliament and their constituencies.Good governance therefore requires separation of the political functions from the administrative areas. It is however very important that both EPEs and bureaucrats need each other and neither can succeed without the other.
This underlines the need to ascertain the deficiencies urgently in the current governance system. Weshould develop methods and devise strategies to strengthen the capacities of both EPEs and public officers to overcome weak and undemocratic governance. I have no doubt the injustices perpetrated continually by elected governments forced the youth in the north and the south to launch rebellions, take up arms and to throw elected governments out of power. A time-bomb
The weakening of State institutionsthereafter by successive governments had increased violent conflicts in the country several ways islandwide. Jack Snyder has argued that in weak states ethnic concepts of nationalism or other exclusionary ideologies such as religious fundamentalism are more likely to prevail for regional leaders to exploit the power vacuum.The objective of rationalising the governance system is the most crucial step at this juncture.
Ours is at presenta country with explosive-type State commitmentsand liabilities–atime bomb. Due to corrupt self-centred affairs of immoral politicians, who valued filling their own pockets, more than the lives of innocent citizens, for several decades, new publicmanagement practices (NPM) have been long over-due.
We need to establish humane governance.Our aim should be to enhance transparency, accountability, equity and quality of service processes realised by the means of market-oriented public services, citizen participation, realistic decentralisation, out-sourcing, cost-reduction practices, and meritocracy-based good HRM policies as a top-most priority matter. Lip-service alone is not good enough. The country does not need leaders and bureaucrats who only swallows up everything. Our country is endemically corrupt and lacks discipline and often connotes waywardness or turbulence of behaviour. Simply,it looks ungovernable.The President says he fears acts of revolt if he does the right thing – a sad let-down. It is all because all the elected representatives, parliamentarians, cabinet ministers, non-cabinet ministers, deputy ministers, provincial councillors, local level politicos, including public officers are all strictly profit-driven. They are all not driven to serve the best interests of the people. We need to elect leaders who will createjobs in the country by giving incentives to industrialists who would create more employment. We need leaders who will build bridges not walls. Morality not corruption. Fairness not hypocrisy. Character not immaturity. Justice not lawlessness. Transparency, not secrecy. Truth,not lies. Good governance
The governance framework should therefore be based on principles of public sector governance including:
Accountability – being answerable for decisions and having meaningful mechanisms in place to ensure the institutions adhere to all applicable standards
Transparency/openness – having clear roles and responsibilities and clear procedures for making decisions and exercising power
Integrity – acting impartially, ethically, and in the interest of the institution, and not misusing information acquired through a position of trust
Stewardship – using every opportunity to enhance the value of the public assets and institutions that have been entrusted to be looked after
Efficiency – ensuring the best use of resources to further the aims of the institution with a commitment to evidence-based strategies for improvement
Leadership – achieving an institution-wide commitment to good governance through leadership from the top.
Good governance is not an end in itself.The reason governance is important is that good governance helps the country to achieve its objectives. On the other hand, bad governance, as in the case of MS/RW Government, would bring about further disaster, without fail.
“You don’t necessarily need atomic bombs to destroy a nation. Politicians who value their pockets than the life of citizens always do that every day” –IsraelmoreAyivor.
‘LKR 700 (Rs. 275) it is,’ said Sri Lanka’s plantation companies earlier this week, fixing tea estate workers’ new basic daily wage. It is 300 rupees lesser than the LKR 1,000 that the workers demanded, but the negotiating trade unions concurred with the employers, and signed a collective agreement.
While employers have since been proclaiming the 40% rise as a significant step, the matter is far from resolved. The workers’ protest for a 1,000-rupee basic wage, which began in 2016, is bound to persist. Not because they are fixated on the number 1,000, but because they know for a fact that a fair wage can’t be anything less, that too amid spiralling living costs. Even LKR 1,000 is some 100 rupees lesser than what a 2018 study, done by the Institute of Social Development in Kandy, found as the necessary minimum living wage.
The issue of wages paid to the tens of thousands of workers employed in Sri Lanka’s famed tea estates has been a recurrent one in the sector that is known for the historic exploitation of its tea-pluckers, most of whom hail from Sri Lanka’s Malayaha Tamil community. Withstanding colonial-era exploitation — their ancestors were brought down by the British from India — that spilled over into post-Independence decades when the state and later private companies managed tea production, the workers toiled in the estates, steadily building Sri Lanka’s economy, through crucial foreign exchange. However, every time the workers sought a wage hike, the employers and their sympathisers were quick to brand the call unreasonable.
In the last couple of years, the workers’ struggle has exposed several other contemporary challenges in the ecosystem — the bearish tea sector that is ever-ready to cut costs in workers’ wages, the limits of patronage networks maintained by the traditional unions, the widening disparity in production by small holders and privately-owned estates, and significantly, a community that is increasingly averse to working in the sector.
Further, the ongoing struggle has shown how the concerns of workers, concentrated in the Central, Uva, Sabaragamuwa and Southern provinces, were no more theirs alone. The plantation companies may have ready sympathisers in government and even among the union leadership, but the workers’ long-pending demand is drawing widespread support in the country — as was seen in agitations that spread well outside the confines of their unions and location, to capital Colombo and even as far as Jaffna in the north.
A sea of black
In October last year, Colombo’s iconic Galle Face witnessed a sea of black, when several thousand protesters thronged the beach front, calling for a wage hike for estate workers. The crowd largely comprised youth from the Malayaha Tamil community employed in the capital in varied jobs, spanning the professional and service sectors. In an impressive show of strength and solidarity, they demanded higher wages for the workers, highlighting broader concerns about public health, education and housing needs of the community.
After the recent round of negotiations and the subsequent signing of the collective agreement on Monday, the companies have effectively allowed a wage increase of up to LKR 855, including EPF/ETF benefits and incentives tied to productivity. Photographs that appeared in local media showed a room full of powerful men negotiating the wages of a predominantly female workforce, emerging triumphant as they found common ground. All the same, they will know that the discord with workers has not ended yet.
From pre British times various units of people had separate kingdoms for themselves preserving their individual languages, culture, heritage, fine arts and ways of life. The British for administrative reasons centralized all those units during their period and brought them under their authority. In time this centralisation gave way to repression of civil liberties and civil wars in many Asian and African Countries. Many such groups which were subject to repression and exploitation during colonial times expected freedom when the British left them. But that was not to be.
Our story too is that.
After Independence was granted by the British in 1948 the repression, exploitation and refusal to grant our legitimate rights continued even in a more virulent manner within this Island. That is why we have decided to show our disapproval and negative feelings in a democratic, peaceful manner proclaiming today’s so called Independence Day as a day of mourning.
An Independence Day should be celebrated by a people who obtained freedom. Not by groups of people who have been subjected to further repression, discrimination, exploitation and hegemonic domination after the British left. If under the present circumstances we were to celebrate Independence it would mean we are being forced and/or pressured to do so. That the Armed Forces in large numbers still residing among us have compelled us to do so.
We must realize that many communities and groups of people all over the world who were affected by British Colonialism have resorted to such “Black Day” demonstrations, the world over.
If we investigate the causes that led to such repression by our indigenous governments we would find that the Kandyan Kingdom which was the last to fall to the British and which existed from the 14thCentury up to February 1815 was ruled by South Indian Nayakar Kings. These (Hindu) kings in order to keep their authority in tact diplomatically converted themselves to Buddhism. After the British left us those who became our Governor Generals and Sinhala Leaders many of whom were the descendants of these Nayakars, in order to retain their political authority resorted to racial discrimination.
This led to unprecedented schism among the Tamils and the Sinhalese. It led to blood baths. Continuous acts of genocide were perpetrated against the Tamils. Thousands of Tamils have been missing. Our lands have been seized and continue to be seized. Our resources are being exploited. Tamils have been deprived of running their affairs by themselves. Having seized our lands and rights the successive Sri Lankan Governments are bargaining with us to release just a few of them. Some of our erudite members of the TNA are saying do not annoy the Government!
But the relatives of the disappeared and our University Students have understood the situation and have come forward to declare the Independence Day as a Day of Mourning. It pleases us to see their concern and enthusiasm. They give us hope. Unlike our erst while Tamil leaders our people now seem to have woken up to reality.
Even in Keppapilavu, demonstrations are taking place today. Since I have attended the Kilinochchi demonstration I could not go to Keppapilavu. The Keppapilavu people have with dedication been fighting for the release of their lands from the Military. Their doggedness is to be lauded. Their fight would definitely be successful. I am in touch with them. A member from among them met me even yesterday. I hope to visit them soon.
The period allotted to Sri Lanka by Resolution 34/1 of the UN Human Rights’ Council for implementation will expire next March. In 2015 further 2 years’ time was given to implement the original Resolution 30/1. Next month this matter is to be taken up in Geneva for review. This resolution was important in our agitation for the resolution of our conflict and in our search for Justice. No tangible progress has been made so far by Sri Lanka. We need to work towards the International community using its pressure on the Sri Lankan Government.
4th February 2019 is the 71st Independence Day of Sri Lanka. We know it, officially the Democratic Socialist Republic of Sri Lanka, known as Ceylon before 1972, is a predominantly Buddhist island nation in South Asia. It is often popularly referred to as the “Pearl of the Indian Ocean,” and is home to more than 20 million people. Dear Sri Lankan sisters and brothers, please accept my best wishes on this auspicious occasion.
Full of romantic landscapes, stirring mountains, lush green tea gardens and golden beaches, the island nation of Sri Lanka is nothing short of magnificent. The country has no shortage of beautiful awe inspiring spots, natural, historic and cultural, each more picture perfect than the next. Take a trip to these spots, the beautiful places in Sri Lanka and you would find it difficult to leave.
Following the Second World War, popular pressure for independence of the country intensified from the British colonial rule. On February 4, 1948 the country won its independence as the Commonwealth of Ceylon. In 1972, the country became a republic within the Commonwealth, and the name was changed to Sri Lanka. On July 21, 1960 Sirimavo Bandaranaike became the first female head of government in post-colonial Asia when she took office as prime minister.
In the 1970s, political conflicts emerged between the Sinhalese and Tamil communities. The Tamil community cited extensive institutional discrimination and political disenfranchisement, and sought increased regional autonomy and affirmative action. In 1971, the Janathā Vimukthi Peramuṇa (JVP) (People’s Liberation Front), founded in 1965 with the aim of providing a leading force for a socialist revolution in Sri Lanka, launched a rebellion. Although this JVP rebellion was suppressed, the JVP established a permanent place in Sri Lankan politics as a voice of extreme Sinhalese chauvinism, along with the movement within the UNP associated with Cyril Mathew.
In the 1980s, the island’s long-standing peace and stability was shattered by the Tamil separatist movement led by the Liberation Tigers of Tamil Eelam (LTTE), which demanded an independent state of Ealam in northeastern Sri Lanka. A 1986 peace accord brokered by India failed by 1988 when the Indian Peace Keeping Force (IPKF) were drawn into a direct military conflict with the LTTE while attempting to disarm the militants. At the same time, the JVP launched its second insurrection in Southern Sri Lanka, necessitating redeployment of the IPKF in 1990. Sri Lankan nationalists sought the exit of Indian troops, and by the year 2000 as many as 50,000 people were killed in battles between the Sri Lankan Army and the LTTE. In 2002, the Sri Lankan government and LTTE signed a Norwegian-mediated ceasefire agreement.
From 1985 to 2006, Sri Lankan government and Tamil insurgents held four rounds of peace talks without success. Both LTTE and the government resumed fighting in 2006, and the government officially backed out of the ceasefire in 2008. In 2009, under the Presidency of Mahinda Rajapaksa, the Sri Lanka Armed Forces defeated the LTTE, and re-established control of the entire country by the Sri Lankan Government. Overall, between 60,000 and 100,000 people were killed during the 26 years of conflict.
Today Sri Lanka has enjoyed a more robust economy, less extreme poverty and a higher level of welfare than many of its neighbouring countries. The country has also endured several decades of civil war. From the time of its independence, the country enjoyed a higher living standard than many of its neighbouring countries in South Asia. However, in the 1970s Sri Lanka underwent an economic crisis. Prices for traditional export products from colonial times, including tea from its plantations, had been falling on the world market for a long period.
From 1970 to 1977, Sirimavo Bandaranaike led a left-wing coalition which emphasised state control of the economy. This was Bandaranaike’s second period in government, the first of which began in 1960 when she became Sri Lanka’s – and the world’s – first woman prime minister. The centre-right wing opposition won the election in 1977. Under J. R. Jayewardene it liberalised the economy, and in the 1980s Sri Lanka underwent a period of considerable economic growth.
A Norwegian-supported programme for rural development in the Hambantota District in the south of the country began in 1979. Rural development programmes were an important aspect of Western development aid in the 1970s and 1980s, and were tested out by the World Bank, among others. Norway supported programmes of this type in several countries, and not all were equally successful. However, the programme in Sri Lanka was considered a resounding success.
The aim of the Hambantota programme was to increase incomes and living standards in rural districts, and included rehabilitation of irrigation systems, forestation and development of agriculture, fisheries and handicraft production. The fact that Sri Lankans themselves largely managed the programme was one of its success factors. Norway later supported similar programmes in two other districts, Monaragala and Batticaloa.
Norwegian development aid also included commodity assistance. This meant that Norway paid for the procurement of goods that Sri Lanka needed, including newsprint paper. Until the mid-1980s, commodity assistance constituted around half of Norwegian development aid.
Sri Lanka’s majority population is Sinhalese. Tamils constitute the largest of the minority groups. Relations between the two groups were periodically fraught with conflict, the conflicts escalated into riots in the 1980s, and from 1983 a prolonged civil war was fought at great cost to the civilian population. The most important of several militant Tamil groups was the Liberation Tigers of Tamil Eelam (LTTE), who waged an armed struggle with the aim of establishing a separate Tamil state.
Norwegian development cooperation with Sri Lanka became the focus of criticism in Norway following condemnation of the Sri Lankan authorities’ alleged human rights violations during the unrest. In this period, abuses were committed by both sides in the conflict. Some of the aid was reallocated to provide more aid for refugees and rehabilitation of victims of the hostilities.
A peace agreement was entered into in 1988, to be monitored by Indian armed forces. These withdrew in 1992, after being involved in battles with LTTE guerrilla group. From 1990, Norway was involved as a facilitator of peace negotiations, based on contacts established in the context of Norwegian development cooperation with the northern regions of the country. In 1999, Norway was asked to assume a formal role as mediator between the authorities and the LTTE guerrilla group. The ensuing peace negotiations led to a ceasefire agreement in 2002.
As part of the agreement an observer force was set up – the Sri Lanka Monitoring Mission (SLMM), headed by Norway. It consisted partly of personnel from the Nordic countries, and partly of locally recruited personnel. The observer force, for which Norway contributed a total of NOK 350 million or 40 per cent of the costs, helped to resolve local conflicts to prevent them from escalating. The SLMM also helped to ensure the release of children who had been forcibly recruited. During this period, the specific aim of Norwegian development cooperation was to support Norway’s role in the peace process.
In 2003, the LTTE withdrew from the negotiations but the ceasefire held. In 2004, the centre-left wing alliance won the parliamentary election. The new government under Mahinda Rajapakse was less inclined towards a peaceful solution than the previous government headed by Prime Minister Ranil Wickremesinghe from the United National Party. Rajapakse was also elected president in 2005.
In December 2004, more than 30 000 people were killed in Sri Lanka as a result of a tsunami that affected a number of countries in Southeast and South Asia. The tsunami also led to major material destruction. In January 2005, the Storting (Norwegian parliament) allocated an extraordinary grant of NOK 1 billion to assist tsunami victims throughout the region, including Sri Lanka. 2006 saw the escalation of the military conflict between the LTTE and the government and the failure of new peace negotiations in Geneva, Switzerland. Possibilities for the SLMM observer force to operate worsened, and it was disbanded in 2008.
In 2008, the Sri Lankan authorities withdrew from the ceasefire and launched a full military offensive. In May of the following year, the government forces were able to declare victory in the war when they conquered the last area that the LTTE guerrilla group still controlled. In the aftermath of the defeat of the guerrillas, numerous accusations of human rights violations were made. In 2011, the UN requested an inquiry into possible war crimes, and in 2015, Sri Lanka entered into an agreement with the UN on a national reconciliation process. Today there is close contact between the international community and Sri Lankan authorities on implementation of this process.
Norway has supported initiatives for the settlement of those who were internally displaced as a result of the war, as well as peace and reconciliation initiatives. Norway has also contributed to several projects for economic growth in regions of the north that were most severely affected by the civil war. Since 2016, this has included a project under the auspices of the International Labour Organization (ILO) for value creation in value chains for fruit, vegetables and fish. The project targeted 2000 small-scale producers.
Sri Lanka became a middle-income country in 1997. Revenues from migrant workers have been important since the 1980s, in common with the export-oriented textile industry. In the years following the end of the civil war, the economy grew more rapidly. The proportion living in extreme poverty represents 4.1 per cent of the population, which is significantly lower than most other countries in the region. Moreover, Sri Lanka had lower infant mortality than most other Asian countries (figures for 2012) and in 2013, maternal mortality fell to the same level as more prosperous countries such as Malaysia and South Korea.
President Mahinda Rajapaksa, elected in 2005, was voted out of office in 2015 after overseeing a major expansion of Chinese influence in the country. President Maithripala Sirisena was elected in 2015 on pledges to restore parliamentary democracy, rein in corruption, and review infrastructure deals signed with China. The economy is based on exports of processed commodities and garments. Sri Lanka’s economic freedom score is 56.4, making its economy the 115th freest in the 2019 Index.
It is hard to not be stunned by the beautiful murals and statues in this beautifully preserved cave with over 150 statues of Buddha. Experience the peace and silence in this stunning cave temple that bear testimony to the extraordinary cultural artifacts in ancient Sri Lanka.
Experience a peaceful afternoon, staring at the endless sea from the charming Galle Old Dutch Fort, the best preserved sea fort within South Asia. Nothing is going to make you want to turn back! This place is for those who are deeply interested in history. It is said that the establishment of this fort dates back to the 16th century. The maintenance is not perfect, but one can see history peeping through the fort. There is a sea nearby and you can get that perfect view from the top of the fort. One can even walk on the shore too.
This will be completely unfair and your trip will not be complete if you do not visit the city of Colombo, which is the capital of Sri Lanka. There are several places in this city that you can visit and that will attract you definitely. The city is beautiful overall and the beauty of it cannot be described in words.
Sri Lanka is undoubtedly a beautiful city, but commercialisation has made its place in the country. Thus, resulting in overcrowded places and markets, but if you want to spend really peaceful time in Sri Lanka, then Beira Lake is the place for you. After that long and tiring shopping and travel if you want to sit calmly and relax your mind, then come to Beira Lake and have a boat ride there. You will feel as if all your tiredness and tension has gone. The lake is very beautiful as it has green water and also because of the lots of Ducks that remain in the water and appear in front of the visitors during the boat ride. One can even go with a paddle boat as they too are available for rent. This lake offers an overall peaceful experience to the visitors.
Apart from all other beautiful natural features, Sri Lanka is best known for its beaches. There are many popular beaches in this country and it is said that they come in one of the most beautiful beaches in Asia. The beaches here are not just for the sake of enjoyment along the side of the sea, but one can even enjoy going in the water. One can get such an amazing experience after visiting the Arugam Bay. It is said that this beach is the most enjoyable of all. One can easily dress up in their swimwear and can go into the water if they want.
Apart from this, the beach offers a lot of water activities too, to its visitors. These activities include diving, speed boating, and many others. What makes this beach beautiful of all the beaches in Sri Lanka is the blue water that it has and the coconut trees that are there on the beach. With all these features, this beach has become one of the most popular tourist destinations in Sri Lanka and is a must visit.
I, being a foreigner, remember the words of Eisenhower Fellow and Attorney-at-Law Saliya Pieris, “ When Sri Lanka’s military forces finally defeated the Tamil Tigers in May 2009 ending thirty years of civil war, the outcome was greeted in many parts of the country with joy by a people who had endured years of terrorism and violence. However, with the defeat of the Tamil Tigers, the country now faces another struggle of developing a truly democratic society underpinned by the rule of law, judicial independence and a vibrant civil society.” Pieris has further said , “Civil society in Sri Lanka needs to take a more proactive role in challenging the barriers confronting democracy and to bring pressure to bear for change.”
However, like a venerated Sri Lankan brother, the writer of this piece of Bangladesh echoes the same sentiment, “Let us all communities come and celebrate this auspicious occasion. Let us use this occasion to strengthen community unity among all Sri Lankans without any discrimination based on our ethnicity, language and religions. Let us live as children of one Mother Lanka. Let us hope and pray for prosperous Lanka for the future generations.” Long live Sri Lanka and its people in peace, progress and prosperity.
-The End –
The writer is a senior citizen of Bangladesh, writes on politics, political and human-centred figures, current and international affairs.
Geopolitics shaped human history That’s how it is now and that is how it will be forever
We have not yet become independent in spirit
The opening is hackneyed but yet holds.
2019-02-05
“Your liberty ends where my nose begins.”- a phrase wrongly attributed to many but was attributed to US Supreme Court Justice Oliver Wendell Holmes Jr. who said: “Your Liberty To Swing Your Fist Ends Just Where My Nose Begins.”
When it comes to Sri Lanka, too many global powers want to go beyond her nose.
Sri Lanka’s location on the map places it in a perilous position of balancing in global geopolitical power plays.
It was geopolitics that had shaped human history since ancient times. That is how the world had been throughout history. That’s how it is now and that is how it will be forever. The task of balancing is with Sri Lankan leaders. In fact, we have not yet become independent in spirit.
As I penned this some white robe was glorifying in a monotonous drone how the country should “march forward” with education etc. WTF then were we doing for 71 one years?
Yesterday, Sri Lanka marked what it called its 71st Freedom Day. Marking 71 years of freedom (Whatever it meant) from the United Kindom in (UK) 1948. In other words the ceremony keeps us reminding the fact that once we were a colony of the British Raj and still strive to prove that by taking IELTS. “This colonisation thing is very funny,” popular stand-up comedian Trevor Noah said once.
Coming back to the nose (Nosy?) issues, I wonder where we have our country’s metaphorical nose ends. In a way, the Chinese and the West are picking the Sri Lankan nose (West in one nostril and the Chinese the other and Indian whatever the hole is left to them to dig) and watching the loquacious orations droning at during the Independence Day and every other day
“First they subjugate us. Then they want us to become one of them”.
I do not know if these were the exact words. But they sum up the situation.
The reality in terms of global geopolitics is very different despite these tamashas, however. And one wonders how many of the voters “who are just more than mere vegetables” as Ponnambalam Ramanathan (In office 1892–1906) said in the Legislative Council during a debate on Universal Franchise said- can understand the implications of these mechanizations. Ramanathan was against Universal Franchise at that time and asked:
“How can people, who are just above mere vegetables, decide on the destiny of a country” (Or something on these lines). He seems to be right. In summary at one port we had (Is it still there, USS John C. Stennis Carrier fleet is anchored and we are told that “logistics are transported via Colombo Port and that it was a routine” while at the southern tip God only knows, what Chinese submarine is lurking underneath, while India seeps in the gaps that either the West or the Chinese have not taken, and I can’t sleep because I have no room to stretch my leg, so everyone else get lost.
Coming back to the nose (Nosy?) issues, I wonder where we have our country’s metaphorical nose ends. In a way, the Chinese and the West are picking the Sri Lankan nose (West in one nostril and the Chinese the other and Indian whatever that is left). As we watch the loquacious orations droning during the Independence Day, and every other day.
And how many of our representatives have the moral right to celebrate the day is another question. Many of them in the house have already been exposed their duality. And the war against green card holdes was won by green card holders. One even threw an extreme tantrum of making a big brouhaha over giving up citizenship of another country. Really? Is giving up of another country’s citizenship such a sacrifice?
One thing that any Sri Lankan would vouch for is that if (IF) any of the Western (Economic West) country opened doors for what was once known as ‘Open Visa’, half in the house and most on the streets would be queuing up in front of the embassy. #MeToo.
A Sri Lankan-on-the-street having-if lucky -wealth ill-gotten or otherwise- to have dual citizenship is totally another issue.
But those who want to represent the people on the street (pun intended) simply do not have the moral right to be on the riverside.
Fundamentally flawed, as the representatives will solely interested in making profit invested in winning the elections or look after those who funded them in a system that is touted as democracy, which is, in fact, Democratic Oligarchy (Globalised) Unlimited.
So, the tamasha went on with white-robed puppets droning most of the day and the liquor shops were closed in view of the Independence Day (But Sri Lankans-on-the streets are smart in this instance as most have stocked their needs by Sunday.)
And last year we have gulped down some 74 mn litres of liquor, according to a report of the Excise Department. And people brought on buses cheering as soldiers and school children displayed their patriotism on the street also known as the Galle Face Green.
In celebrating and remembering the toils we had undergone under the British Raj, Colombo’s streets were made to choke.
With even the streets gone, the Sri Lankan-on-the-street had nowhere but retreat to his hut in sweltering heat, while schoolchildren and soldiers (Once war heroes and now mostly forgotten) of the street people of Sri Lanka, practised under the tropical sun.
It was geopolitics that had shaped the human history since ancient times. That is how the world had been throughout history. That’s how it is now and that is how it will be forever
The irony is that the white robes always show the Sri Lankan-on-the-street, Singapore as a benchmark, forget or willfully ignore the fact Singapore holds its National Day celebrations within stadiums or closed venues. Something to think about, for us.
Rise, like lions after slumber,
For us in Sri Lanka the gaining of Independence was an illusion pulled over the eye of the people. Democracy is even bigger hoax pulled over eyes of Sri Lankans. “And we are still on the streets.
In unvanquishable number! Shake your chains to earth like dew,
Which in sleep had fallen on you: Ye are many—they are few. And Awake, arise or be forever fall’n.”
-P.B. Shelly, Mask of Anarchy And I need to stretch my legs.
In North Korea the accepted value system is that even if one works hard, one is not able to enjoy its fruits since it is immediately appropriated by the state. But in the South, they are aware from early in life that if they are successful as entrepreneurs or workers, they can enjoy the fruits of their hard labour. The institutional structure in North Korea is extractive while that in South Korea is inclusive. The picture shows young children listening to a speech by North Korean Leader Kim Jong Un (unseen) at a youth rally speech – Pic courtesy CBS News
Part II of paper presented at SLEA Annual Sessions 2019
Economic policy governance
The rationale of economic policy governance could be explained by drawing on the viewpoints expressed by French economist, philosopher and legislator Frédéric Bastiat in two of his publications, one in 1848 and the other in 1850.
In an interview with the Sunday Observer Dr.Suren Raghawan, the first ever Northern Province Tamil Governor, spells out his aims and objectives to serve the people in the region and build bridges not only to send the farming produce from the North over to the South, but bring together the youth of our divided nation.
Q:You were appointed Northern Province Governor by the President 22 days ago, have you set your priorities and a team to execute your mandate? A: – I am the first Thamil Governor to be appointed in the entire 32 year history of the Northern Province. I think there is a political signal by the President on the philosophy that Sri Lanka is a country with a multi cultural and multi linguistic society and Tamils can have their rights met under an undivided country.
To begin with, I can hear the cries and pleas of the Northern Tamil people in their own language. That is social healing. During the past three weeks the Tamil newspapers from the North carried encouraging news besides a few exceptions.
My priorities will be in the areas of resettlement and rehabilitation. We have nearly 100,000 refugees of Lankan origin living in India as of today. They have a right to return. The question is, where would they stay if they come back? They need land.
Due to the war the military occupied state land as well as private land, until recently. The President and the Army Commander have been working on releasing most of these lands that were of no use to the military, after the war. From 2010 we have been releasing the occupied land. Over 90% state and 90% private land have been released so far.
We must plan for the optimal use of these lands, where resettlement of the displaced would be a priority.
A few people still live in camps in Jaffna, and if they are fishermen they would need lands near the ocean. But if for some strategic reason the military cannot release beachfront land, we must ask the IDPs if they would resettle in alternative areas.
Estimates show that 65,000 houses in the region were damaged during the war, and efforts to rebuild them have not been successful. Today, northern development has become a priority. The Jaffna society comprise largely the grassroots, with 16,000 ex-cadres.The grassroots comprise farmers, fishermen or traders. Therefore, my focus will be on agriculture and sea harvest.The region suffers the biggest brain drain in the country, with educated youth leaving for greener pastures.
Q: The military says they have released all land possible to be released, in Keppapilavu. The people allegedly have agreed to accept compensation for lands that cannot be released. But, suddenly they have started to agitate demanding their land. Is there a solution for this issue? A: I’m not surprised this is your second question. The Northern Province has 1.2 million people living in five districts on an extent of nearly 8,600 sq km.There are 934 Grama Niladharis, serving 3,885 villages. But this one village had been the talk in the media. An issue concerning 56 people has become the most important. There is politics behind it. The Keppapilavu issue surfaced in 2016. The war ended in 2009, no one raised it then, we know the reason.Near Keppapilavu there is another farmland, cultivated and held by the military, which they are ready to hand over. The military says, Keppapilavu is strategically important for them. I am not a military person to argue with them. Of the families who lived in Keppapilavu prior to the war, 56 families received land and houses about two kilometres away. The democratic space brought in with the new Government has given freedom to the reporters to highlight their issues, which the media has brought to the forefront.We are trying to engage with the Keppapilavu land owners. Unfortunately, this issue has been blown out of proportion by Colombo based NGOs.Some of the activists are my friends. Instead of finding a solution, they are fuelling one side. As a result when we are about to find a solution there is a new demand from the Keppapilavu IDPs. If the military says this stretch of land is an absolute necessity, who can challenge that.
Q: I heard that some of the IDPs have already received compensation. What is the stumbling block in finding a viable solution to this issue? A: Yes, some have been compensated. In any negotiating process we ought to have a second best option. The war is a reality, so is post war, as well as the role of the military. Already 40 of these families are living in houses given to them by the State. Due to this unending issue, we have offered them more land in nearby areas. I cannot understand the demand for this particular stretch of land. We have ruled out emotional connection, hidden values or special memory connecting them to this place. Besides, the lady who is leading this agitation has accepted State compensation. I am hopeful we will find a solution soon, but they should not be confrontational. When they blocked a military gate, a court order was taken to evict them. I have spoken to the area MP, a war victim, who has the right to talk on behalf of these people. I think if the NGOs leave this matter, the people, the army and the representatives will work out a solution. Q: There is high unemployment among the graduates in the region. How do you plan to address this? A: The unemployment is due to mismatch of the job market requirement and their university specialization. Most of the unemployed graduates are specialized in Arts or Agriculture. We need Science and Math teachers. The agriculture sector is already full. I have vacancies for 3,000 graduates but there is a mismatch in job market requirements and our graduates. We might have to re-train them, provided they are willing to undergo crash training. I awarded 380 graduate appointments recently. We are working with the Vocational Training Ministry, as a construction boom is expected in the North, and we would need skilled labour to meet the demand.There are vacancies in the Police Department, but social stigma gets in the way. In the North we have Sinhala police officers who don’t speak Tamil. We are trying to seek assistance, to bridge the language gap. Unemployment is a complex situation in the region. We are making efforts to create jobs, such as, a cargo train from KKS to Colombo to send the agriculture produce from Jaffna. This will open up jobs for people with soft skills like trading and market management.
Q: Can’t these graduates find jobs outside the northern region, wouldn’t that be a feasible prospect? A: We welcome that prospect. But language is a barrier. There is a possibility of their employment in the Central parts where Estate Tamils are concentrated and they can work in Tamil. Unless they are fluent at least in English we cannot send them. To address this issue we have initiated language training programs.
Q: The tenure of the Northern Provincial Council expired last year and the Governor is overseeing the functions of the NPC. How do you cope with this extra burden? A: I am not an average ceremonial Governor. I have to oversee five Ministries, the Chief Minister’s Office as well as all legal matters pertaining to it. The NPC’s term has lapsed but new elections have not been held. Also,I have to attend the Public Day to listen to people’s grievances every Wednesday. Around 240 people attended the Public Day last week. Some issues are too complex to offer spot solutions. We have a staff shortage and I cannot go beyond the powers of a Governor’s office. I think the PC elections should be held soon. It will uphold democracy.
Q: You have an academic background. The former Chief Minister of the Northern Province was an academic but he failed to fulfil the common man’s aspirations. Will it be the same now? A: I cannot comment on the former Chief Minister. If you are doing a comparison, he was a former judge but later nominated by a political party. So there is politics involved. In my case there are no politics involved. I was appointed to govern the Northern Province. I don’t take decisions looking at the vote base, I want to do the right thing for the people and not stick to popular decisions. There is no agenda involved. Thanks to the journalists who have viewed me positively, so far I am not looked down by the northerners.
Q: Are you satisfied that you have a good team with you? A :The war has destroyed professional structures. I need tri-lingual or bi-lingual researchers. We need academics, skilled personnel, as well as volunteers to help in the areas of resettlement, surveying, etc. I have retained retired surveyors on contract basis, because we are short of a skilled and professional workforce in the North. I would like to invite the diaspora to return for a short spell and help us and their kith and kin. During the war, there was a notion that your only security is a dog, hence we are left with 300,000 stray dogs, that cause road accidents.We are talking of a region struggling to reawaken after a 30-year long war. Land owners have not been paying taxes, we need to introduce taxation, so that we have funds to serve the people. Jaffna’s land has not been valued due to the war. Over 15 per cent of city land belongs to people who left the country 20 years ago.Jaffna is still like a ghost city, we can’t do anything with the damaged structures as they are private property, I wish there is a policy like in Singapore, ‘develop or give up.’
Q: It is claimed that a major portion of budget allocations to the NPC goes back unutilized at the end of the year because there is no proper mechanism in place? A: I will look into this. The Provincial Council budget is around Rs.25 billion. The provincial income is about Rs.600 million, we are talking about a Province that generates only 3per cent of their annual budget.The Central Government allocates money on the proposals submitted by the NPC and not arbitrarily. The new budget is due soon and we will maximize the grants and other funds allocated to be utilized in a justifiable and prudent way. No funds will go back to the centre unutilized, under me.
Q: There are concerns that the Office on Missing Persons process seems to be taking a long time from a victim’s perspective. Can there be an expedited process to heal their wounds and provide a closure for the victims? It’s been a decade since the war ended. A: In the past four years a lot of things have happened in terms of improving democracy. The Right to Information Act was passed in Parliament, and the Office on Missing Persons established. These are new concepts for a country transiting from a post war era. It is a new terrain.The bone samples from Mannar were sent to California for carbon testing. The report is expected next week. I will give them whatever possible support to conclude this investigation successfully.For instance, the Mannar mass graves case was a sudden discovery, this country did not have a precedence of solving such cases, including the transitional justice cases. These things cannot be done overnight.
Q: Has the Northern Province lost its identity, is it being influenced by the violent South Indian entertainment industry? A: Tell me which community is not influenced by globalization, you are always influenced by another strong culture, the war has uprooted the existing socio-cultural structure. Leaders have left, there are no role-models. There is a vacuum. So where would they learn from, they learn from the media, the entertainment industry. I do not know if the South Indian films are influencing the youth, the violent movies are not just influencing Jaffna, the entire world is being affected by them. The question should be, do we accept violence as a means of negotiation? The answer is a firm ‘no’. We need education and role models. I am bringing 100 youth from the South who have never been to the North on a home stay program in February, and we will repeat it with another 100 from Jaffna to Matara in May. They will share their hopes and future dreams with one another. The groups will have the opportunity to learn about their differences, values and religious observances, and also why Buddhism has a strong influence on this country. It’s a long journey, but we will do this to ensure peace in an undivided country governed democratically.
Sunday, February 03, 2019
