Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Tuesday, February 12, 2019

Resolution on Sri Lanka

Tuesday, February 12, 2019

The United Kingdom on Monday announced that the Core Group on Sri Lanka will be submitting a resolution on Sri Lanka at this month’s UN Human Rights Council meeting in Geneva.

“The Core Group on Sri Lanka, comprising Canada, Germany, Macedonia, Montenegro and the UK a resolution on promoting reconciliation, accountability and human rights in will present Sri Lanka. The Core Group will again be working in partnership with Sri Lanka and look to continue the cooperation which began in 2015 and maintain engagement with the Council as Sri Lanka works towards the implementation of the commitments in HRC resolution 30/1” the UK representative said speaking at the Human Rights Council Organisational Meeting.

He went on to say that the draft text will be procedural in nature and seek to extend further the process established by the HRC in 2015.

 “We will hold open informal negotiations in line with standard Council practice and hope to have the full support of the Council for the resolution once again” he added.

The UK representative also said that his country will also be leading on resolutions for South Sudan and Syria, at this month's Human Rights Council

A NATION’S PRIDE?

 


2019-02-13 

The pride of the nation was historically displayed on February 4 with the tri-forces and police taking pride of place. Seventy-one years of Independence is indeed a cause for celebration, but the question is with the country in such economic and political chaos, did it warrant a celebration of the calibre put on display? After all, the people of a country, any country, are a nation’s pride and if they aren’t, they should be! Since I want to comment lucidly on the fallacy of our Independence, I would like to quote ad verbatim from an article which, to my mind, uniquely presents the situation and I quote:

“After seven decades of Independence, we have come to see Independence as an essential marker of our Lankan-ness. To our utter disappointment, even after 71 years, Independence did not, however, bring socio-political freedom or economic progress; only disaster after disaster in these areas. There is a poignant lament expressed by writers and analysts about the collapse of the vision of equality and prosperity which inspired the Independence struggle. But no one has questioned the validity of Independence Day and exposed its’ cultural, political and psychological underpinnings and associations as false. Yet, this falsehood has been maintained year after year over the post-Independence period in our history.” Yes, the fallacy of our Independence underlines the hypocrisy of our leaders! A few months ago, they were tearing each other apart, setting up two prime ministers, creating division and derision in Parliament, bringing about one disaster after another, with the president swearing never to speak to the lawful incumbent premier again, what absolute and utter chaos the country had to deal with till the Supreme Court stepped in and thankfully gave the correct verdict!

Emperor’s Parade 

Sri Lanka displayed her military might with pomp and pageantry; pomp and pageantry which the country could ill-afford! The Kfir fighter jets were even taken on trial runs, notwithstanding the phenomenal cost of aero-fuel! Again we ask, was this necessary? Our leaders were talking about social justice and the need to eliminate poverty on the one hand, while squandering millions in public funds to fatten their nests; with Parliament being ridiculed, the misery of the masses ignored; they resorted to cover it all up with an Independence Day parade. What a glorious mockery it all was! The corridors of power are still being stalked not only by the mega-rich but also by the saffron robes!

Double ethics 

In his Independence Day speech, our president spoke of and I quote: “From what I saw in the media, there is a plan to form a national government with the support of a party that has only one seat in Parliament. It is important to think whether such an act is ethical…” What may we ask was ‘ETHICAL’ in what he did? Perhaps, the meaning of ‘ethical’ is yet to penetrate his mind! He slams Ranil on the one hand for wanting to form a national government and goes for Mahinda’s guts by saying he (the president) ended ‘Beeshanaya’ after he took over in 2015.Mahinda was his ‘blue-eyed’ boy when he wanted to eliminate Ranil, and suddenly, Mahinda is seen as the author of Beeshanaya! One wonders when this president is going to know the difference, the stupidity of the accusations he makes!

Hang on in Dubai

In all fairness, though we have to admit that the president is really slamming the drug peddlers and perhaps it won’t be long before the death sentence is introduced for drug smuggling and peddling. This is something for which he deserves wholehearted credit and gratitude of every Sri Lankan. Recent headlines on the arrest of Makandure Madush and 24 others along with him created interesting speculation on many angles but the general consensus seems to be that they should be tried in Dubai and rightly so, they will get a harsh sentence there, hopefully, an unmitigated one they all deserve!

DRUGS AT A PARTY

Notwithstanding the Dubai raid, it is very obvious that as Sri Lankans we have to be EXTRA VIGILANT AND CONCERNED OVER THE DRUG MENACE PREVALENT IN OUR COUNTRY. IT IS HORRENDOUS AND FRIGHTENING. VERY FRIGHTENING! What went viral was a video on a birthday party held in the house of a notorious businessman in Colombo 6, attended by the police hierarchy and MPs at which drugs were freely available.

Apparently, these drug barons travel around in luxury vehicles and almost every brand is freely available! One gram of cocaine is priced at Rs.20,000 there is a number to call and in 15 to 20 minutes, like pizza delivery; it is delivered to your doorstep!!!

The president, we are told, is planning to bring the death sentence for drug dealing. Very praiseworthy, but the burning question is, WOULD HE INSTITUTE THE DEATH SENTENCE, IF IT WERE ONE OF HIS MPs, WHO IS GOING TO BE SENT TO THE GALLOWS? THE OTHER QUESTION IS, “DO YOU PUNISH THE GUY WHO BROUGHT IT, THE GUY WHO SELLS IT OR THE GUY WHO USES IT”? Cocaine and heroin, like ice and ecstasy, are highly addictive and are generally consumed by the high-class addicts, some of whom even sniff or inhale what is called a ‘line’ before proceeding to board meetings! BUT, THE MOST PATHETIC AND HORRIBLE PART IS WHAT GOES TO THE SCHOOLS! SOME TRULY DRASTIC ACTION MUST BE INSTITUTED ON THIS ISSUE; WE CANNOT CONTINUE TO IGNORE IT!

Ganja Politics 

The Tamil diaspora is sending KERALA GANJA INSTEAD OF CASH, IN THE ABSOLUTE CERTAINTY THAT IT CAN BE SOLD IN THE SOUTH, EAST AND WEST AND THE NEEDED MONEY DISTRIBUTED TO TAMILS! From all that you read and hear about, it is not the FOOLS who are hooked on drugs but the mega-rich, the business braggarts, the social butterflies, the nobody who wants to be a somebody, the show-offs; who all want to be ‘with it’!
The end of the Makandure Madush chapter has almost been written, but Sri  Lanka is not ready to confront another like him ever again!

VIGILANCE IS THE NEED OF THE HOUR!

With Government Backing, Muslim Men Are Taking Over MMDA Reforms Once Again

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One year after the report of the 2009 MMDA Committee appointed to suggest amendments to the Muslim Marriage and Divorce Act (MMDA) was submitted to the Ministry of Justice, there appears to be some discussion at the ministerial level about next steps for MMDA reform. However, these discussions have been heading in the wrong direction.
On February 7th, a meeting was called between Muslim MP’s and members of the 2009 Committee, instead it came to light that members of Muslim male organisations such as the Young Muslim Men’s Association (YMMA) and conservative religious institutions were also in attendance. Clearly missing were more Muslim women who have been the primary force pushing for reform. But most of all, missing was any conversation about whether or not the proposed amendments would address the issues and concerns Muslim women have been raising.
The split nature of the Committee report, especially on key issues such as child marriage and women as Quazis (judges), has put the government in a difficult position. But instead of recognising the tension points, conservative ideologies and deep patriarchal attitudes influencing the split reports, the Minister of Justice is putting pressure on Committee members to come to a ‘consensus’ on points of difference.
Instead of taking time to understand each issue at hand and figure out what kind of amendment would best resolve the contemporary problems facing Muslim women and girls today, the Ministry is relying on primarily Muslim male religious leaders and male members of Muslim organisations to compromise on the nature of amendments. For the government this is the most convenient band-aid solution, and it will definitely do much more harm than good. The rights of women and girls once again used as bargaining chips in political play.
Muslim women, especially those most affected by the MMDA currently and to whom these amendments will most impact, are deliberately being shut out of the process. Has the Ministry of Justice given the same time and opportunities to meet with Muslim women activists and groups as it has with Muslim men’s groups?
Let me remind the Muslim community and the government of Sri Lanka that reform of the MMDA came about as a result of Muslim women raising their concerns for the past 25+ years. To keep women out of the process is the worst possible way to deal with reform and it is guaranteed that reform will not be successful if women’s concerns are not a fundamental part of every step, especially in deciding on what amendments need to be made.
Merely inviting women to discussions is also not enough, understanding what types of issues Muslim women and girls face and finding the most viable solutions to address them, is the right way forward.
For example – Raising the minimum age of marriage to 18 years with exceptions for 14 or 16 will not resolve the child marriage issues within the Muslim communities, because government data on registered Muslim marriages shows that most of the child marriage cases are occurring between 15 – 17 years of age.
Not allowing Muslim women to be Quazis (judges), is not only a blatant violation of our fundamental human rights, but also a deep violation of Islamic principles of justice and equality as there is no evidence in the Qur’an or Sunnah that prohibits women from being leaders or judges. The only excuses given by conservative religious scholars and Muslim MP’s who support this stance is based on deep patriarchal biases of what women can and cannot do.

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The Subaltern in Search of Speech

Featured image by Bernat Armangue/AP 
Editor’s Note: The following is the text of the author’s keynote address at a Conference on International Accountability in Burma, chaired by Professor Gayatri Spivak
Professor Gayatri Spivak Chakravarti,
I would like to thank you, Mr. Mawng Zarni and his enthusiasm for bringing me here today to discuss one of the most important issues of our lifetime. Every generation loses its way, stops being vigilant, begins to believe in false Gods and then there is terrible violence. Scholars and lawyers are left to debate whether it is genocide or war crimes or crimes against humanity. This happened in the 1940s and the 1990s. One such episode took place in August 2017.

Open appeal to the Northern Province Governor by Prof. S. Ratnajeevan H. Hoole

The assaulted young man-Wednesday, 13 February 2019

logo88 Chemmany Road, Nallur, Jaffna.

11 February 2019

His Excellency Suren Raghavan

Governor, Northern Province.

Your Excellency:

The Police in Jaffna – Do we need them?

In the absence of a Chief Minister and Provincial Representatives who are being very wrongfully denied us here in the Northern Province by not holding elections, I am very happy to have you at the helm of the Province. I see your doing many good things; some of your critics are saying that you are doing a lot for the province. Indeed I am happy to see you in the media returning long overdue occupied lands to their owners.

Today I was at the function by the Jaffna Indian Consulate to advertise the many opportunities and associated scholarships in India that come with the near certainty upon completion of studies of the important competency in English so important to modern success. You were the Chief Guest but had to be away. I was made immensely happy to see His Worship Emmanuel Arnold the Mayor of Jaffna (and my old schoolmate) coming as your representative. A very welcome thaw indeed in Centre-Northern Province relations. The repeated theme of federalism in your MA and PhD theses on federalism makes me think that we share the ideal of peace through federalism.

I make bold therefore to plead the matter of police inaction and corruption in Tamil areas despite the guarantees in the Constitution that Tamil is the language of devolved administration and the courts for us in the Northern and Eastern Provinces. There is no sense in saying we must take an oath to support the Constitution when Government itself is the biggest violator of the Constitution.

Emboldened by our having many common friends in Jaffna and the shared values off federalism, I am writing this open petition, open only to bring awareness. It concerns the several issues with the Police that I have written of in the press:

Solicitation of bribes on the A9 highway and the relevant OIC not even raising my written complaint with the relevant officer as I learnt when I pleaded not guilty to speeding and had to cross-examine the officer. I was cleared of the charge of speeding;

Election violations not being prosecuted following complaints by the Election Commission and, when pressed to file action, the police altering the charge to an unsustainable one – for example altering the charge of holding an election meeting at a temple to doing so close to a polling station.

The charge of threats to a Public Servant (an Election Commission Member) to prevent him from doing his duty, being weakened by not marking the evidence of such threats for a year, thereby leading to the judge throwing out the evidence.

After I reported  Douglas Devananda’s election malpractices in Kayts in 2011 and he filed a complaint with his stooge police and pliant judicial system in Kayts that I was instigating riots, the Police “investigated” the matter till 2017 while I was first “wanted” and then on bail after I surrendered with the new government coming in. It took a new Magistrate to throw out all charges saying he had not seen any sign of an investigations by the Police as claimed on every Court date, and he did not believe there was ever one.

The Police coming home to detain me on the expired warrant for my arrest dating back to the year 2011 on the above Kayts matter after the judge had cleared me. This happened during the trial where I accused the Police of charging me for speeding to obtain a bribe. Prime Minister Wickremesinghe personally communicated assurances to me that it would not happen again.

So fighting back and speaking up does work. This complaint concerns the Police emergency number in Jaffna. It rarely works. They do not answer and when do, they often speak to us in Sinhala and waste valuable time during an emergency asking us if we are under the Jaffna Police or the Kopay Police. I refer to four incidents that I have highlighted in the press and orally informed the Police Chief in Jaffna of.

Once driving late at night along Kachcheri Nallur Road Jaffna, there was man lying down on the middle of the Road at Nallur South. I did not know if he was drunk or had been assaulted or simply collapsed from a heart attack. I kept calling the Police for a good 15 minutes with no answer or a busy signal. Afraid to get out of my car in case it was an attempt at robbery, I drove around him and onwards.

Several times my wife has called the emergency number to complain of illegal loud music in odd hours such as 4 a.m. Her calls were not answered most of the time. On a couple of occasions she made progress only because she is qualified in Sinhala as a former Assistant Government Analyst who had to pass O/L Sinhala.

When the Water Board was laying pipes on Chemmany Road and held up a tractor while the earthmover was manoeuvring, the angry tractor driver returned with a gang and even aimed a blow with a heavy stick at the Nallur St. James’ Vicar; the blow was taken by a warden who shielded him. The Sinhalese Police took a long while coming, and came only after the Sinhalese workers called them. And when they finally came they criticised the workers for not a good thrashing to the Tamil gang when the workers were present in greater numbers.

Chemmany Road by the Education Department is infamous for accidents. There have been accidents with badly bleeding people who have had to wait for over an hour after calling the emergency number for the Police to come.

Let me turn to the incident at hand. I was returning home today after the Indian University Fair. At Muththirai Chanthai, a gang of 20 or more had gathered around the King Changili Statue and I could see two men mercilessly beating up a person on the ground with stout sticks. Fearing to challenge them, I called the Police. It was 12:51 p.m. Busy… busy … busy.

Without a choice I alighted from my van and went over with my phone-camera. The crowd disbursed. An old man told me it was a thief who had started crying when they wanted to hand him over to the Police. So they gave him a thrashing instead.  The boy, pictured here, had cuts on his cheek-bone and arms. He was in tears and claimed he had picked up a Rs. 1,000 note from the ground and had been accused of stealing it. Telling me that he is from Inuvil, he used the respite to make his way into Kittu Park through the barbed wires to run away.

The Police are a pampered lot with fat salaries supplemented by generous allowances, and the best motorbikes and patrol cars.

What for?

Sincerely,

Jeevan

[Prof. S. Ratnajeevan H. Hoole]

Breast milk for ‘suckling’ MPs ?

They don’t deserve what ‘CP de Silva drank’
Speaker Karu Jayasuriya informed parliament that pure and pasteurized milk was provided to MPs

  • Our Speaker is alert to grievances by his kindred, especially whenever his men rise in one voice
  • Kiriella said that steps would be taken to call for a report from the CAA
 2019-02-12
Readers will remember how the ‘Pohottuwa demonstrators’ tried to promote the crown prince; a move  that ended in a flop on September 12 last year. What happened endorsed the old Sri Lanka proverb ‘gahen wetuna minihata gona enna waagei’ (The man who fell from the tree was gored by a bull). These demonstrators  had to be hospitalised after consuming packets of milk containing a poisonous substance. The milk was distributed by an unknown ‘well-wisher.’ But the large majority of them will not know how CP de Silva, who drank a glass of ‘poisoned’ milk, lost an opportunity to become Prime Minister in 1959.

Back to the current scenario. The Hon. Speaker, Karu Jayasuriya has assured his law-makers [or breakers?] as reported in Daily Mirror, under the headline “Only pure and pasteurized milk to MPs”; the Speaker has assured Parliament that pure and pasteurized milk will be provided to MPs. 

Though not found in any traditional chronicles, like the Dipavamsa, Mahavamsa, Culavamsa or Rajavaliya,  one of our rare, easygoing and carefree type monarchs, who ruled the country, imposed exorbitant taxes on his poor subjects and used the collected masurang (finances) for his own personal extravaganzas and his coterie of loyalists.  The nation experienced famine, inflation, malnutrition, starvation and political tension.  The king consulted a foreign royal soothsayer, who prescribed that the king, his family and the palace entourage to drink a pot of clean, pure, and unadulterated milk daily. Dismayed by the daunting task of searching for clean, pure unadulterated milk [there was no pasteurisation then], the king summoned his ‘kitchen cabinet’ for several rounds of talks that ended in disappointment. The king mulled over the issue for days and then it occurred to him that breast milk is the purest. This is because it’s free of dirt, pollutants, infectious agents and other unwanted elements. But a smart purohitha disagreed; impurities and foreign substance can contaminate the milk in the process of extraction and containerization, “We need the purest stuff your majesty”, said a beleaguered purohitha.

 “The king rules by decree,” reminded another Casanova who proposed, “Oh Lord, your majesty may order the required number of  lactating mothers to visit the palace every morning” said the jubilant man! “Let them nurse all of us.”

Do not attempt to break your head in discovering the taste of milk; it doesn’t belong to sweet, salty, sour, bitter and umami. “Milk by any other name would taste as Milk”

Our Speaker, who is always alert to grievances by his Kindred, especially whenever his men rise in one voice, sans Miriskudu and butter Knives  over an issue of benefits, like when issues related to car permits, allowances and perks are taken up, had swiftly responded to MPs about the milk provided to them in the House. This is following doubts raised by Deputy Minister Buddhika Pathirana. “Several MPs asked me about the milk provided to them. We are providing pure and fresh milk to everyone in Parliament,” said the trustee of the sacred parliamentary practice, adding that, he can even temporarily suspend Standing Orders if necessary to go back in time to the said monarch’s era and repeat the procedure for it is extremely important that the Speaker respects the privileges of the undernourished, malfunctioning 225, including some who are disgruntled over their inability to complete the projects they undertook. This is due to the constitutional limitations on a mega Cabinet. Breastfeeding has been linked to higher IQ scores; it provides the ideal nutrition for politicos.
Poisoned Glass of Milk of 26th August’ was one of the conspiracy theories related to the unfortunate incident
 Lactating mothers to visit the place

It all started when the Young Turk from South, the Deputy Minister of Industries, Trade and Commerce revealed in Parliament that some milk powder importing companies import a mixture containing harmful substances like lactose powder and animal oil and sell them in the pretext of selling milk powder; quite plausibly he never spoke on behalf of his colleagues, but the children, the future generations of this nation that is already facing the music as a result of corruption and deceit by our great parliamentarians on both the divide. 

Leader of the House and Minister Lakshman Kiriella had acted sensibly, and said that steps would be taken to call for a report from the Consumer Affairs Authority (CAA) regarding the allegation made that milk powder contains substances harmful to human consumption and that future action would be taken on the matter based on the CAA report. This is while Pathirana accused the investigating private sector company which the Consumer Affairs Authority had hired, for accepting a bribe from the  importer, and that they have deliberately delayed releasing the result of the investigation.

Health Minister Rajitha Senaratne said that the statement made by Pathirana was false. He added that the tests conducted locally and internationally had proved that the milk powder contained no such substances other than dairy fat. According to Buddhika, who reconfirmed his statement, health ministry officials had given a D-rope to mislead the Minister regarding this matter.  The FDA identifies pasteurized milk as the most allergenic in America. Raw milk nurtures and increases children’s immunity with better nutrition, naturally occurring enzymes and probiotics that protect kids from allergies, asthma, and many other illnesses. Research has frequently established this to be the case.

Back to Cabinet room in 1959

‘…during the Cabinet meeting on August 26, 1959, the customary refreshments—glasses of milk—were handed out to ministers shortly after midday. C P de Silva—the formidable-…took a sip from his glass and began to gag violently. Stanley de Soyza, the Finance Minister, …patted him on the back…but CP collapsed and was carried in to PM’s room, but was completely paralysed… from there he was rushed to Central Hospital’

--‘The Expedient Utopian: Bandaranaike and Ceylon’--James Manor— Cambridge 1989--p 310

CP de Silva, the Mathematics graduate, was a member of the prestigious Ceylon Civil Service, who endured  for the development of agriculture and irrigation, thereby set free the poor farmer. A man of high principles and ability, who possessed every qualification to be the head of state,  however was not charismatic.  Prime Minister SWRD Bandaranaike was assassinated on September 26, 1959. Minister W. Dahanayake was sworn in as Prime Minister.  CP de Silva, Leader of the House, the most senior in the Cabinet, was considered as the deputy and the successor to lead the SLFP.

‘Poisoned Glass of Milk of 26th August’ was one of the conspiracy theories related to the unfortunate incident and came to light only after the September 26 tragedy. Undoubtedly, it was a mischievous misconstruction of facts relating to the assassination of  the PM exactly a month later on September 26, 1959.  The theory stated, a glass of milk with poison meant for Bandaranaike was consumed by CP. There had been internal rifts within the cabinet, which was split into two factions as left and right. The Right was led by CP, Maithripala, and Dahanayake. The Left was led by Philip Gunawaredene [prior to his exit], William de Silva and TB Illangaratne. One theory was that the left wing was unhappy over PM’s acceptance regarding the resignation of Philip, and they conspired to eliminate him by adulterating his glass of milk with poison. A research based on newspaper reports of the day reveals the truth. Both leading English dailies, Ceylon Daily News and Times of Ceylon carried front page news on 27th August,1959, saying; ‘CP complained earlier of being out of sorts’—CDN, and ‘…long before the meeting CP complained of feeling unwell’—Times, respectively, meaning he was unwell,  even before he sipped his milk. —  CP was in a London hospital; Bandaranaike wanted Dahanayake, the minister of Education  to act for him in his absence because the Prime Minister was attending UN general assembly sessions on September 28.

CP was talking to his cabinet colleague Stanley while having the glass of milk; a natural response to choking he grasped the throat with one hand. Choking occurs when an item is suddenly swallowed and it goes down the incorrect way, obstructing the air passage, and the jamming of supply of oxygen to the brain resulting in collapse and paralysis. 

Conspiracy theories

The conspiracy theory and rumour were part of a well-calculated move by Buddharakkita Thera, the main accused and  the most influential political Buddhist monk at the time.  Even while the case was being heard and subsequently after he was sentenced, Buddharakkitha Thera used his power and influence  to give maximum  publicity to the fabricated story of ‘the poisoned glass of milk’, with the aim of diverting the attention of the investigators and the judiciary and make them believe it to be a part of a larger plan by some Cabinet members to assassinate  SWRD Bandaranaike. 

Glamis thou art, and Cawdor, and shalt beWhat thou art promised. Yet do I fear thy nature,It is too full o’ th’ milk of human kindnessTo catch the nearest way-:Macbeth 

–[Shakespeare seems to have been the first to combine “milk” with “kindness”] 

Exalted chair

Dr. N. M. Perera’s stand on Speaker’s importance for the success of Parliamentary Democracy
It is reported that members of Parliament who have been identified for unruly behaviour, ignoring parliamentary ethics in the house may face judicial actions for violating parliamentary privileges and also obstructing the Speaker continuously from performing his official duties. It is further reported that the Deputy Speaker Ananda Kumarasiri who headed the Parliamentary Committee that looked into this ugly behaviour of certain people’s representatives on November 14 and 15, 2018 have already identified the persons who have acted violating the laws of the country.

The importance of the Speaker for the smooth functioning and success of the deliberations of the Parliament had been well studied by Dr. N.M. Perera for his doctoral thesis submitted to the London School of Economics in 1931, under the guidance of Professor Harold J Laski. This is a well analysed contribution made as a part of a larger work he attended to a few years later for the DSc of the same university.

An important section of this deep and enumerative study has been well highlighted by the Dr. N. M. Perera Centre in its publication in 2002, Parliamentary Democracy, under the heading Speaker as the Guardian of Rights.

At the very beginning of this chapter, Dr. Perera says: ‘Though nowhere enjoined by law, the very first act of a new parliament is the election of the Speaker, that is someone to preside over its deliberations. No deliberative assembly however small its numbers, least of all this almost unwieldy British House of Commons, can dispense without this officer. Without him, it would be impossible to determine the order in which members should speak or decide between the conflicting claims of those who rise simultaneously… In the absence of such an officer, no motion or question can be put to the House and its votes thereon taken. For this reason, if no other, he is a sine qua non.

Speaker of the House of Commons, Lowther, who demonstrated his skills as a senior parliamentarian, very correctly characterized himself as the chief officer of the House, the moderator of its debates, the one and only expositor of its written and unwritten laws and the repository of its ancient customs and traditions’.

Judge without bias

Almost all the leaders of the democratic countries believe that the Speaker is the impartial judge in all the quarrels and dissensions of the rival political parties which has representation in the House. Further, they believe that all the right-minded speakers should hold the scale evenly among all intransigent groups. In the words of Stanley Baldwin, who dominated the government of the United Kingdom between world wars and was the Prime Minister on three occasions, the Speaker of the House of Commons is the linchpin of the whole chariot and if the Speaker of the House fails to function, the House itself must fail to function as a whole. Baldwin, who acquired long and everlasting rich traditions of parliamentary politics further enumerated the importance of the Speaker in the following words. ‘The Speaker has in a smaller or commensurate degree all the attributes of kingship and like the king, “he can do no wrong”.

This illustrious leader of British politics retired in 1937 and was succeeded by Neville Chamberlain.

It is widely regarded by constitutional specialists that the Speaker should be elected to the chair unopposed. This accepted principle is meant to ensure more authority to the person who holds this chair and the unanimous voice of the House carries more weight to glorify the importance of his functions and numerous duties. In short, speakership is regarded as an institution.

As a general rule, the life of a Speaker runs through beyond the life of a Parliament. In the United Kingdom, he retains his office until the new parliament meets and elects a new Speaker if the members want to introduce new blood to the office. However, the successor should have some experience of the duties and assignments of the chair, before he is invited to undertake the responsibilities upon his shoulders.

Dr. NM Perera enumerates in this paper the duties, responsibilities and varied functions of the Speaker in a more elaborate and convincing manner.

Speaker’s duties

“To the outside world the Speaker is the ‘Speaker’ and is the only mouth the House has. Not only he is alone entitled to speak on behalf of the whole House, but he is its sole official representative. He symbolizes the unity of a very diverse body. An honour done to him is an honour done to the House, an attack or reflection on his conduct in the Chair is an inroad into his privileges and is visited with the severest condemnation. The mace, the symbol of his authority and dignity, accompanies him wherever he goes.”

He is considered to be the agent of the House but always expected to perform these functions in accordance with the aspirations of the House. He conveys the appreciations of the House on various matters for the concerned people. Further, he is also expected to issue warrants to execute the orders of the House for the commitment of offenders, for the issue of writs, for the attendance of witnesses in custody and also for the bringing up witnesses in custody. However, he is not expected to commit a member to the custody of the Sergeant-at-Arms, unless directed by the House.

He is entrusted with keeping order in the precincts of the House. Speaker has also some statutory duties to be performed.

The Speaker is expected to preside at every meeting of the House, except when the House is in Committee. This is his inherent RIGHT. The Speaker can also without any formal communication to the House, request the Deputy Speaker to officiate temporarily for him.

He is expected to make arrangements to distribute the various bills between the varied committees, and has the statutory powers to appoint the examiner of petitions and the referees on private bills.
 
The Speaker is expected to give a hearing to each and every member of the House. In allocating time for the members of parliament to address the House he should be very reasonable and restrained. The Speaker is not merely the agent and instrument of the House, but also the watchdog of the minority in the national interests of the country even overriding wishes of the majority as a temporary measure at times. A different group of opinions should get an opportunity to voice their sentiments.

It is the general understanding that greater weight must be placed on those whose opinions and ideas have a likelihood of influencing the House more by virtue of their special competence and knowledge.

In parliamentary affairs, he is regarded as the final judge in the acceptability of motions. He has the privilege of altering a motion on his own accord in order to make it more acceptable and precise.

The preservation of order during debates in the assembly comes also within his purview. Whenever the Speaker is on his feet, all members are expected to regain their seats. It is an observance more rigidly adhered, and more strictly enforced than a written law or a set of rules and regulations. Without it, there would neither be decorum in debate nor respect for the Chair.

He is expected to be more cautious and considerate to distinguish between moments which require firm handling and those which can be tided over by urbanity and civility.

If a certain interpretation of a rule by the Speaker is different from that of his predecessors, long-drawn-out arguments on point of order may occur. The history of parliamentary procedure in England has disclosed no such obvious instances, and this may be mainly due to the excellence of his counsellors. In these particular instances, the Clerk of the House and the other members of the Speaker’s Council are well versed in and have a thorough mastery of all the procedural intricacies; the Speaker himself would never express an opinion or deliver a decision but after going through more careful scrutiny of existing precedents.

It is a known fact that a well-informed Speaker has the required knowledge and a vast experience before him in the untying of knots. It is the paramount duty of the Speaker to understands all precedents in a corrective perspective and consider the present situations in an objective manner. He must apply this experience according to the present and emerging situation.

It is also pointed by Dr. NM Perera in his analysis, where there is neither a precedent nor a rule, the Speaker should allow the House to create a precedent, rather than himself bear the brunt of an unpopular decision.

It is the duty of the Speaker to ascertain whether ample discussion had taken before a debate concludes. In this particular situation, he should not allow an infringement whatsoever on the rights of the minority.

The Speaker’s Chair should not be dragged into the vortex of party politics.

The Speaker should have the determination and the capacity to brave the flood in the House and keep his head above water. The Speaker should prove by example that he is impartial to each and every member of the House. It is this credential that a Speaker can posses to his armoury of fundamental assets. He is not only impartial but the suspicion of partiality must be eliminated.

It is the well established practice of the Speakers of House of Commons, in their code of impartiality, to desist wisely from recording their votes in a division, except where it happens to be a tie, in which case they are expected to state their reasons briefly, which are duly entered in the Journal of the House.

The Speaker is always expected to deal in affairs of parliamentary procedures, in accordance with the rules of Parliament. In short, he is regarded as a JUDGE of its laws. He also can use this opportunity of drawing new-judge made law, by making use of old decisions. Further, there is no such appeal from the decisions of the Speaker.

This deep and penetrating analysis of the functions and the huge responsibilities bestowed in the shoulders of the Speaker demonstrates that the Speaker is the Guardian of the House and the Watch-Dog of parliamentary ethics and procedures. Therefore, it the duty of every member of Parliament to extend their fullest and unstinted cooperation to the Speaker to make the House fruitful, peaceful and beneficial to the whole nation.

Mixing Religion With Politics 

Gamini Dullewe
logoThere could not have been a better recipe, than mixing Religion with Politics, to bring up on us the havoc we experienced after Independence, for the breakdown of Law and Order, cultivating hatred, jealousy and the slow development of the country’s economy, was solely due to the Political visionary of our half-baked Politicians who climbed the social ladder with their catchers after entering the field of Politics, once the flood gates were opened for them in ’56, by their erstwhile Leader SWRD Bandaranaike, who preached a brand of Socialism that was supposed to be the panacea for all social inequality, to wipe out class differences and make all equal in society. The Western Educated Middle classes were ridiculed as ‘Pukka Sahibs’ who were looked down up on, by  these Pseudo Patriots who shunned using the English Language, their dress code, or their life styles, only to imitate them better than the Pukka Sahibs, after sixty years with their progeny, all receiving Degrees from Foreign Universities, certainly not in Swabhasha.
Swabhasha was meant for the Hoi-Polloi only. Although some of these Vernacular critics, have had a very good English Education, they were the most vociferous, to denounce English, even shunning Western attire and starting to wear the newly found National Dress to pose off as the Saviours of Sinhala and Buddhism. English was hated by them, so much so that they cultivated a culture in Schools and Universities, to resent any who spoke in English.
The situation was so bad, that the new administration in all govt departments who succeeded the English trained, were very offhandish to the English speaking in society, when they went to transact business with the State. The English speaking in society were totally at the mercy of the vernacular counterparts who handled all State work, strictly in Sinhala. This Policy of the State, led many of the educated to leave the shores of this country with their families to foreign climes.  
Prior to ’56, be they Buddhists, Christians, Islamists or Hindus all practiced their beliefs in harmony without interference from the State or another and Religion was a private affair. There was no state sponsoring of any Religion, not even for Buddhism. People too were very religious and were genuine in their belief. Then the change after ’56 where the Buddhist Priests after supporting SWRD Bandaranaike to form the SLFP govt, started to demand a due place for Buddhists in the country, claiming provision is enshrined in the Constitution that led to a plethora of problems that divided the society. It should be noted here, that the founder of the Philosophy, Lord Buddha had not made such claim, when he preached his doctrine in India at that time, when there had been over 63 beliefs in practice. 
It is not that Buddhism was poorly practiced by the majority who were Buddhists before Independence, but the new custodians who took the reins of managing Buddhism under a separate Ministry, began to unfold a brand of new Buddhism with Political patronage, that all govts were at the mercy of these forces. All govts from ’56 have willingly connived with the Buddhist Sangha and Buddhist Organizations to appease their demands for the Sinhala Buddhist vote in return to win elections.
Today there are many Buddhist Organizations heavily involved in spreading not only the Dhamma but intolerance and are grouping the Sinhala Buddhists, collectively herding them to Nirvana. They instill fear and insecurity that Buddhism is at risk of being overrun by other faiths. Therefore the Buddhists are up in arms trying to defend Buddhism with all their might and support to keep the flag flying. If all these Buddhists who feel they are threatened, only try to find out whether the number of Buddhists in the country had declined at the time of Independence or on the contrary have been increased with their input since 1956, other than natural increase due to population expansion, will enable them to understand, whether their effort of making Religion Compulsory in the Educational Curriculum and the impact of trying to regiment the children in a Religious order has improved the stock of Buddhists in the country?
Sadly Buddhism has degenerated from what it was before Independence by Religion being made compulsory, infringing one’s fundamental rights of what to believe or not to believe. Ironically all the villainy, corruption and violence committed in society today had stemmed after the introduction of this new Buddhist order after ‘56. Therefore it cannot be said, it is due to the lack of Religious observances in society that had led to the break down in the system. The breakdown certainly is due to an overdose of Religion, poured down the throats of society. 
A Religion should be left for an individual or the family to practice and the State should not get involved in promoting one Religion or another, for political expedience. It would be a blessing for all Sri Lankans, the day the grip of these parasitic priests who act as the intermediaries are made to release their hold on society. After all why have an intermediary, to act on your behalf, if you have faith in your own belief? 

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Bank frauds and rising NPAs: Do we have the right people in the financial industry?

 Credit managers will be faced with an uphill task in the coming months due to the rising interest rates in the market
logoWednesday, 13 February 2019

There are 33 banks and 48 finance companies in Sri Lanka. The financial industry which mainly consists of the Banking Financial Industry (BFI) and the Non-Banking Financial Industry (NBFI) approximately has an asset base of 12.2 trillion.

This comprises total loans and advances of Rs. 8 trillion, total investments of Rs. 2.73 trillion and other assets of Rs. 1.459 trillion. It is being looked after by a workforce of 88,000 who are serving customers through 5,000 branches islandwide as of June 2018.

The question arises whether the available human resources are adequate enough, trained properly and of the right quality to look after the given asset base of Rs. 12.2 trillion.

Three banks were downgraded in November last year by Moody’s Investors Service. One of the main reasons for it is the rising NPAs of those particular banks. The rating agency further predicted after years of strong credit growth, the weakening operating environment will have a negative impact on the banking industry’s asset quality and profitability.

It is also noted for three consecutive years starting from 2015, Sri Lankan banks have enjoyed an extraordinary growth in their balance sheets and earnings but when the Central Bank commenced its contraction cycle in 2018, banks started to feel the pressure.

In my controversial article dated 17 October 2018 under the caption ‘Economy in disarray, banks flourishing; can this be true?’ I have pointed out that the asset quality of the banking industry is deteriorating at an alarming level. It has risen up to 3.6% by the end of August from 3.4% in July 2018. It was at 2.5% at the end of 2017. During the first eight months of 2018, the total non-performing loan volumes rose by 58% or by Rs. 94 billion to Rs. 255 billion. It was further noted, in August alone the non-performing loans grew by 6.7% to Rs. 16 billion compared to the growth of 4.7% or Rs. 11 billion in July.

Industry practices and human resources aspect 

Apart from external factors such as the weakening operating environment, it is claimed that the target-oriented approach of the respective financial institutions too has contributed to a great extent to the rising NPAs of the industry. This practice has resulted in irresponsible lending and ineffective supervision of loan accounts. Also, the lack of managerial and technical expertise on part of the credit officers and managers deteriorate quality of credit in the respective financial institutions and finally of the industry.

Amongst the banks and finance companies, a huge competition exists to grab the right human resources. There are many features available in employment contracts to retain and attract employees. Attractive salaries, housing loans at low-interest rates for longer durations, vehicle loans at concessionary rates, annual bonus, performance bonus schemes, and incentive schemes to name a few.

Out of these benefits, the most concerned one as far as the rising non-performing loans are concerned is the lastly stated incentive scheme which is designed to boost business targets directly by banks and finance companies. To be fair by the industry, these strategies should be in place to boost volumes of business. However, the problem starts when these strategies are misused for the quick gains. As stated before, this practice would have aggravated irresponsible lending and ineffective supervision of loan accounts.When the recruitments were done about two to three decades ago to the positions of front liners (credit officers, investigation officers, etc.) many backgrounds checks and balances were done to gauge whether the recruits were of the right quality.

I still can recollect an incident which occurred in 1986 when I visited one of the quarries in Kaduwela as a credit officer on an inspection visit. I was offered an inducement to give a favourable report. As a young credit officer, I panicked and brought the incident to the notice to my AGM immediately. He summoned the parties concerned and explained to them the gravity of crime which they were to make and turned down the facility, giving the reason for the rejection of the facility as undue influence made on his officer to get the facility approved.

The party concerned was not a bad party. They were doing a solid business and the business was alright. Without any hassle, they would have obtained the facility. However, due to some reason, they were made to understand an incentive should be paid to get the facility approved. Most probably the broker involved would have influenced them. But my AGM was not interested to find out the outcome of the investigation. The only criteria for the rejection which was in his mind was the dishonesty of the party.

As a young credit officer, I learned an unforgettable lesson in the early years of my career. Dishonesty has no place in the financial industry at any level and under any circumstances. That lesson learned made me maintain honesty under any circumstances and at any cost during my career of 35 years in the financial industry.
Present-day scenario
Probably this will not happen these days due to the competition in the market. The parties concerned would be warned and still be accommodated as they are creditworthy.

From the financial industry’s point of view, unlike those good old days, the financial industry is not being fully dominated by its players i.e. banks and finance companies.

The customers too are knowledgeable and demanding and mostly they decide the package on which the lease or the loan should be taken. This is the challenge faced by present-day credit officers and managers. The officers and managers should be extremely skilful when negotiating with some of the modern-day customers. I too presume it should be the way as far as the stability of the financial industry is concerned.

The industry should be challenged by its service recipients (customers). Once the industry is challenged, the industry will start producing better products, quality service, and value-added features within their institutions for the survival. This will make the life of customers easy. This theory applies to all the circumstances in the universe in any form. When something is challenged it offers better performance and results for the survival.

Apart from that, credit officers and managers should have a high sensing power to detect false-hearted customers, especially in the non-banking financial industry. They (dishonest customers) look very polite and easy to handle. The easiest way to identify them is that they will agree to any condition and to a rate that will be offered, as they are not interested in paying back their dues. The only intention that they have is to obtain the loan at any cost in the quickest time possible and to disappear.

Counterfeiting ID cards, bank statements and tax documents are submitted to obtain advances by these fraudsters. The credit officers should have adequate skills to detect these counterfeit documents at the initial meeting itself with such false customer, as once these documents get into the system, detection of them will not be easy. Most of the time photocopies with “original seen” authentication or scanned copies go the second layer of officers along with the credit appraisal.

Building up connections with fellow financiers, bankers and Government officials is a very essential aspect for a good credit officer. Just over a telephone call frauds amounting to millions of rupees can be fished-out in no time, if officers involved in credit are well linked to proper information sources. The banks and financial intuitions should encourage their credit officers to interact with their fellow officers in the industry, especially in their respective regions, more frequently.

The forgeries by submitting fraudulent deeds is a common application these days in the market. Though most financial institutes don’t discuss there is a serious concern over the increase in NPAs as a result of frauds in mortgage loans. There are organised gangs comprised of ex- employees from land registries, financial institutes, and law enforcement authorities and also in some cases lawyers involved in this rackets. Due to their knowledge in their respective areas, detection of these frauds makes very difficult even to a senior credit manager or a senior panel lawyer.

They prepare deeds for lands without the knowledge of the owner. Most of these owners live overseas or not within the area where the property is located. They assume that their property is safe as it cannot be stolen like jewellery. But, they are mistaken. These properties are the prime targets for these culprits. In most of these cases at some point, a copy of the deed of the property in question has been given to a third party by the owner. Maybe to a broker to find a potential buyer, or to obtain a short-term loan facility from a local money lender or some similar incident.

To overcome this situation a different breed of trainers should introduce to the industry. Traditional training concepts might not work in the present-day scenario as we have a different set of racketeers operating in the market. Like viruses, they change their outer appearance from time to time. Only the smart credit officers and managers can detect them.

Talking to them for long hours, checking their knowledge on their business, visiting them without accompanying them, will put credit officers on a better footing to judge them. The credit officers’ network of connections in the market is the key to success of maintaining a quality loan portfolio. Credit is not a sometime thing; it’s an all-the-time thing with 24X7 application.

A dedicated credit officer is always a smart employee and an asset to any organisation. He optimises his productivity without much of a show-off. He can recommend millions of rupees to be disbursed within a few hours and still can maintain a healthy portfolio over a period of time.
A few tips to avoid fraud on mortgages
To overcome fraud with regard to mortgages it is suggested to apply a new approach during the verification process of the title. The traditional way of the process is calling for the subjective deed, surveyor’s plan, valuation report, visit report by the credit officer/manager, non-vesting certificate, street line certificate, and extracts for 35 years or as it is required.

Apart from them, it suggested to follow below steps to avoid being victimised by these organised gangs. This mechanism will give more options to credit officers and managers to analytically analyse the genuineness of the title even before referring it to an attorney.

Make it a practice to meet the Grama Sevaka (GS) of the area and get a written confirmation from him on the ownership of the property. Meet previous owners of the property as per the given extracts and as per GS’s confirmation (to find out whether they were in the possession of ownership of the subjected property and whether it has been sold or not).

The outcome of these meetings will transpire many fraud attempts. Also, meet immediate neighbours (to find out the correct ownership).

Another much practical suggestion to this process is to display a notice in form of a banner or a sign board on the subjected property to announce that the property is for disposal with a phone number. If this can be adopted as a market practice the racketeers will be back down and only the genuine customers will remain.

No harm will be done to their reputation as the banner indicates the property is for sale (it doesn’t say the owner intends to mortgage the property).The given phone number should link to the institution from where the loan is to be obtained.

These organised gangs go beyond even 35 years of records in registers in respective land registries to create false entries in different folios. They even destroy original records. They link entries to the existing deed (the deed in hand which is forged) through a few transfer deeds. The signature of the first owner in the series is forged. The other transfers have been effected to the members of their gang in irregular intervals. Once this is done, the title of the property looks clear. The supporting documents are also altered in the same manner in other local government bodies.

As stated earlier, detection of these frauds should happen at the front desk of the credit department by looking at these suspicious characters and documents. Once these documents get into the main system they start flowing freely with other routing office work.

The senior credit approving authorities should have a different approach. They should have their own checks and balances to verify the genuineness of the credit appraisals. They should be handpicked and allowed to work independently and smartly. They shouldn’t compensate based on the business volumes done by the institution. Instead, they should be compensated based on the responsibilities that they are carrying. 
Conclusion 
The credit managers will be faced with an uphill task in the coming months due to the rising interest rates in the market. Bank lending rates vary from 10.03% to 16.43% as of 1 February 2019.

The banks with foreign roots will offer low rates whilst local banks will have a serious issue in finding low-cost funding lines to accommodate their clients. This will apply a huge pressure on credit managers of some of the local banks to achieve their targets. This interest rate mismatch in the industry will make a negative impact on their respective NPAs of these banks.

The Non-Banking Financial Industry too will face the same situation as their cost of funds are higher than the Banking Financial Industry. Under such circumstances, the Financial Industry should take extra precautions through their human resources, especially through their front liners to safeguard the industry.

It is my personal view that credit should be handled by well-conversant officers and not otherwise. Allowing half-trained credit personnel to man the forward lines will result in unthinkable damages to any organisation. A lot of time and energy should be spent on training, grooming, screening and finally compensating them to avoid displeasing incidents taking place in the industry from time to time. A proper mechanism to effect same will curtail the ongoing issue of NPA to a greater extent.

(The writer is the founder of Infornets, an organisation which is formed with the intention of sharing credit related information and financial knowledge to less-informed people, locally and globally. He counts 35 years of experience in the Non-Banking Financial Industry of Sri Lanka. He is a former CEO/General Manager of a Non-Bank Financial Institution. He holds a Master’s Degree in Business Administration from the UK. He is a Member of the Institute of Management of Sri Lanka and an Associate Member of Sri Lanka Association of Advancement of Science. He can be reached via pemack2016@gmail.com or www.infornets.com.)