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

Wednesday, February 20, 2019

Political leaders need to respect indipendent institutions - National Peace Council


LEN logo(Lanka e News - 20.Feb.2019, 11.30PM)  President Maithripala Sirisena and senior members of the opposition including former President Mahinda Rajapaksa have harshly criticized the Constitutional Council and the Human Rights Commission.  Their accusations range from failing to favourably consider the President’s nominations to the judiciary, to causing the collapse of public administration, to putting obstacles in the path of the government’s campaign to root out criminal activities and the narcotics trade and to even being culpable for the death of Sri Lankan soldiers on a peacekeeping mission.  The National Peace Council is concerned that the unreasonableness of these criticisms erodes the commitment to basic principles of good governance.
Underlying these criticisms is likely to be the frustration of elected politicians that their power is being restricted and their political goals and personal whims and fancies do not prevail.  The Constitutional Council is primarily aimed at depoliticizing the state and public service and ensuring the Rule of Law prevails.  In their original formulation in the 17th Amendment the setting up of these institutions was approved without dissent by parliament, which included those leaders who now denounce it. The independent commissions whose members they appoint are meant to restrict the power of politicians to interfere into the judiciary, police, elections commission, and investigations into bribery and corruption to mention some of them.  
The background to the establishment of the Constitutional Council and the independent commissions in 2000 was the negative experiences of abuse of power by successive government leaders and the need to set up a system of checks and balances to curb that power.  This was reaffirmed by the 19th Amendment which was passed in 2015 with President Sirisena playing a leading role and thereafter justly claiming credit for this vindication of good governance.  In particular, the Human Rights Commission and Police Commission, play a crucial role in protecting the citizens from the arbitrary actions of the state and to ensure that it acts in an enlightened manner.  Their independence from the government needs be respected.
The National Peace Council calls on our political leaders to appreciate the work of the Constitutional Council and independent commissions without trying to reverse the good governance gains they have brought to the country. We call on the President and all political leaders of our country, to ensure that an enabling environment be provided to independent commissions like the Human Rights Commission to perform their duties without undue political interference. We believe that the President and government are duty bound to support and respect the independence of such institutions, which must be explicit in their words and actions.


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by     (2019-02-20 23:08:10)

Politician Involved in Acquiring Property




21 February 2019

A Minister’s name is associated with the activities of an alleged fraudster to retain a highly residential property in Colombo 7 in a fraudulent manner. It has been revealed as to how this alleged fraudster has executed a falsified deed of transfer and a fraudulent vacant possession agreement which is worth Rs.1500 million.

This Minister is alleged to have attempted to exert force to prevent an Attorney-at-Law from entering the disputed property at 14, Gregory’s Road, Colombo 7. This was when the lawyer had gone to obtain his clients’ signatures on a document to produce in court regarding the fraud committed by the 1st suspect who is a friend of the Minister. By the time this incident had taken place on August 6, 2018, the owners of the property were being held hostage by the goons hired by the fraudster and the minister’s security guards.

  • By the time this incident had taken place on August 6, 2018, the owners of the property were being held hostage
  • It is alleged that the police inaction is due to the influence of this senior Minister
  • It’s alleged that an associate of the Minister, Vitharana, had executed a fraudulent deed of transfer
  • The 1st complainant Shiranie Fernando too has been living there since her marriage to the second complainant

Although this intimidation has been reported to the Cinnamon Gardens Police by way of a complaint (CIB 1 176/57) by Attorney-at-Law Tisara Edirithilaka the same day, the police have not held an inquiry for more than five months. It is also said that the Police have also not recorded a statement from the Minister.

It is alleged that the police inaction is due to the influence of this Minister and the police have ignored the complaints of the complainants made thus far. Although this newspaper contacted Acting OIC, IP Nagahawatte and OIC MO branch IP Shankar few weeks ago, to unearth why the police during the past two months have failed to hold an inquiry, both the Acting OIC and OIC MO branch said that they have to look into the matter as they are not aware of the incident nor about the failure to hold an inquiry. “We were transferred to this police station a couple of days ago. We have to refer the complaint book and see whether the allegation levelled against the Cinnamon Garden Police is true. We will inform you about  the details” they said. Although they promised to keep this newspaper informed,  there was no response from both officers until this edition went to press.
It further describes how the 1st complainant revealed as to how Vitharana extorted a staggering Rs 127.8 million from her on six occasions in February, March and April last year by threatening her
According to the plaint filed by Attorney-at-Law Edirithilaka, at the time he tried to enter the premises on August 6, 2018, the said Minister who was occupying a room of the leased apartment in the property had not only exerted force to prevent him from meeting those who were held hostage, but had used abusive language to make him leave. He further states in the plaint, ‘At the time I reached 14, Gregory’s Road with my senior Kosala Dabare, a few big-made men were near the gate obstructing us from entering the premises. When we told what our requirements were, they threatened us not to take a step further as the Minister was inside the apartment. They later took us to the said Minister and when we informed him why we came to meet the owners of the house, the Minister used abusive language and ordered his security to ‘throw us out’ from the premises. Despite of the attempts made by the Minister’s security personnel and the privately hired goons to prevent me and the other counsel from entering the premises, we managed to force our way in and speak to our clients’.

According to the plaint submitted to Colombo Magistrate Court, the Minister is a regular visitor to the questionable apartment leased by the 1st suspect and stays there for several hours with his friends.
It is alleged that a close associate of the Minister namely, Prasad Deshapriya Vitharana, had executed a fraudulent deed of transfer and a fraudulent vacant possession agreement to retain the 71 perch land and the large house therein at No: 14, Gregory’s Road, Colombo 7. It is also alleged that the latter has also extorted money from the owners of the property to the tune of Rs.127.8 million on six occasions threatening them with death.

Seventy-seven-year-old Shiranie Fernando- the 1st complainant and her 87-year-old husband Wimalsen Fernando, the 2nd complainant, through their lawyers have filed two cases in the Colombo District Court and Colombo Magistrate’s Court against Prasad Deshapriya Vitharana (1st accused) of No. 49A/103, Daswiwa Place, Kalubowila and Notary Public Lal J. Thabrew (2nd accused) of No. 35 Ambagahapura, Maharagama.

By way of a Private Plaint the case had been filed in Colombo Magistrate’s Court under and in terms of section 136(1)(a) of the Criminal Procedure Act no. 15 of 1979 (as amended) against Prasad Deshapriya Vitharana for executing a fraudulent deed of transfer, a fraudulent vacant possession agreement and extorting Rs.127.8 million.

According to the plaint filed in the District Court of Colombo by the plaintiffs, the property in question at No: 14 Gregory’s Road has been Wimalsen Fernando’s ancestral property for a period of more than 150 years. He who is also the  2nd Plaintiff has been living there since birth. The 1st complainant Shiranie Fernando too has been living there since her marriage to the second complainant. In 2007, Wimalsen Fernando had conferred ownership of the property to his wife by a deed of gift. As they do not have children, a last will had been written bequeathing the property to their nephews and nieces living overseas.

Leased out 

Although these two complainants have been living in the disputed property alone with the domestic aids, it was only last year that part of the house they are living in had been leased out to the accused Prasad Vitharana. Two lease agreements have been executed between Shiranie Fernando and Prasad Vitharana on October 25, 2017, leasing the ground floor apartment on the right side of the main house and the up stair apartment on the right side of the main house, for a period of one year from the date of execution. This had been attested by Notary Public, V.G. Karunasena of No. 12/3, Nelum Mawatha, Off Haramanis Road, Attidiya, Dehiwala.

Subsequently, another lease agreement had been executed on February 15, 2018 with effect from January 30, 2018 leasing another part of the ground floor apartment on the right side of the main house, for one year from the date of execution. This agreement too had been attested by the same Notary Public, V.G. Karunasena.

The plaint further describes that, they have not known the accused prior to executing the first two lease agreements. Later, Vitharana had become a trusted friend to the Fernandos within a short period of time.

After few months, relatives and friends of Fernando had inquired whether they have sold the property as Prasad Vitharana had put a note and a photograph of the house in his Face Book account stating that he is the proud owner of a valuable property in Gregory’s Road. Soon after this in early August 2018, Vitharana had wanted the complainants to vacate the property as per the ‘Vacant Possession Agreement’ to which the husband and wife had got panicked. As they did not vacate the property, Vitharana through his lawyers had sent a letter of demand to the complainants for their failure to abide by the ‘Vacant Possession Agreement’.

Meanwhile, filing an application by way of a private plaint under and in terms of Section 136(1) (a) of the Criminal Procedure Act No: 15 of 1979 as amended, the two plaintiffs have stated they have asked the 1st Respondent Vitharana as to why they have to leave their house. It was then that Vitharana had showed the fraudulent Vacant Possession Agreement to the plaintiffs which had prompted Fernando to carry out a title search immediately through their lawyers from the Land Registry. It was then that they had found out that the 1st Respondent had executed a deed of transfer and a vacant possession agreement bearing Nos. 4767 and 4768 respectively, attested by the 2nd accused. In the plaint it further states that the deeds have been registered in the Land Registry Nugegoda.

It further describes how the 1st complainant revealed as to how Vitharana extorted a staggering Rs 127.8 million from her on six occasions in February, March and April last year by threatening her that in the event the demanded money was not given he would cause harm to the life of her ailing husband. Fearing the harm that could be caused to the life of her husband, the 1st complainant had secretly abided by the demands of the 1st Respondent. In the plaint it further states as to how the plaintiff disclosed the threats made by the 1st accused, to the immediate family and the legal advisors and lodged a complaint with the CID. In her complaint, she has stated that she has not executed a deed transferring any rights of the said property to the 1st accused.
According to the plaint filed by Attorney-at-Law Edirithilaka, at the time he tried to enter the premises on August 6, 2018, the said Minister who was occupying a room of the leased apartment in the property had exerted force to prevent him from meeting those who were held hostage
According to the application filed in court, on two occasions, Shiranie Fernando had withdrawn Rs.5.8 million and Rs.14 million on February 12, 2018 and February 14, 2018 respectively from Hatton National Bank A/c 00501067875 Green Path Branch.

On February 20, 2018, Fernando had transferred Rs.19 million from her HNB Current Account (A/c 006108012270) to the savings account at the Nation Trust Cinnamon Garden branch (A/c 006212086551) and had withdrawn the money to be given to Prasad Vitharana. Again on March 2, 2018, March 13, 2018 and April 25, 2018, the 1st complainant had withdrawn Rs.19 million, Rs.40 million and Rs.30 million respectively from the Nation Trust savings account.




Transfers and withdrawals 

She further states that whilst the first two withdrawals were carried out directly from the HNB Bank, subsequent withdrawals were made from the Nations Trust Bank after the funds were transferred from the HNB to the Nations Trust Bank. The statement further states that she had been directed by the 1st accused to transfer the money to Nations Trust Bank from HNB stating that he had certain connections there and therefore did not want the money to be paid to him through a withdrawal from HNB. She further states as to how the accused took her to the banks and remained in the vehicle till the money was withdrawn and on certain occasions accompanied her to the bank and had waited at the lobby till withdrawals were made.

In the application submitted to Colombo Magistrate Court, Fernando says that she believes that the Defender bearing registration number CBB - 3111, had been purchased by Vitharana from the money he extorted from her.

As per the copy of the deeds obtained from the Land Registry Nugegoda according to the plaint, the said agreements are said to have been executed on an undated date in February 2018.

In the application filed in District Court Colombo it states that whilst there is no reference to a particular date in February 2018 in the alleged fraudulent deed of transfer, the only reference to a particular date has been made on the attestation which is dated February 7, 2018. This document states as, ‘In Witness whereof the said Vendors have set their respective hands hereunto and two others of the same tenor and date as these presents at Colombo on ......day of February in the Year Two Thousand and Eighteen (2018)’.

According to counsel Edirithilake’s affidavit, although the third lease Shiranie Fernando entered into with the 1st accused to another part of the same property on February 15, 2018, it makes totally insensible for the accused Vitharana to hide the fact and to make a fraudulent deed of transfer the entire disputed property by executing it on February 7, 2018. It further states ‘The said attestation of the Notary who is the 2nd accused is dated February 7, 2018 refers to February 14, 2018, as the date on which the stamp duty had been paid.

Edirithilake further states that if Fernando has executed a deed of transfer on February 7, 2018 transferring the freehold rights to the property in dispute, there would be no credible reason for Fernando to have executed a lease agreement granting leasehold rights to the same property to the accused nor would have been a reasonable purpose for the 1st accused to be a party to a lease agreement as the lessee if he was the legal owner to the property.

According to the plaint filed in the District Court Colombo, in the fraudulent deed of transfer, the property had been sold for Rs. 358.75 million which had been attested by the 2nd accused Lal J Thabrew, the Notary who states in his attestation that the complainants are known to him and that the 1st accused paid Rs.80 million of the total purchase price to the complainants in his presence.
According to the plaint filed in the District Court Colombo, in the fraudulent deed of transfer, the property had been sold for Rs. 358.75 million
According to the plaint, the Fernando duo have never met this Notary even as of today. Although they say that the property was sold for Rs.358.75 million, it values more than Rs. 1500 million. The complainants in the plaint have stated that the originals of the deeds in proof of the ownership to them are kept in the Walt at the HNB and that they still remain there and that the adjoining property too is owned by them where an owner of a Casino Club in Kollupitiya is now occupying despite notice of ejectment being given by Fernando nearly 8 years ago. Having come to know about this issue, Prasad Vitharana has prompted Fernando to sign certain blank papers on a false pretense that he will take steps to get the adjoining property back to them. It is now believed that Vitharana had used these signed blank papers to make the fraudulent deed of transfer and the vacant possession agreement.

Meanwhile an application has been filed in the District Court of Colombo seeking an enjoining order preventing Vitharana from illegally depriving the 1st and 2nd complainants of their property, the District Judge issued an enjoining order preventing the defendants from interfering with the peaceful possession of the Plaintiffs and further preventing the defendants from harassing the plaintiffs on the usage of the access roads. Another interim order had been issued directing the Senior DIG of Colombo to take necessary steps to protect the lives and property of the plaintiffs as per the provisions of Assistance to and Protection of Victims of Crime and Witnesses Act No. 04 of 2015.
 Meanwhile when asked whether the necessary police protection given to the victims still remains, Attorney-at-law Edirithilake told the , that although Senior DIG Colombo provided two police officers for the plaintiffs’ protection as per the District Judge’s order soon after the directives were given, it has now been reduced to one, after the UNF Government came back to power in December last year.

Although several calls were made to this Minister seeking a comment in regard to the allegation levelled against him, there was no response. A text message was then forwarded to get his side of the story, but there was no response from him at the time the paper went for publication.

Enjoining Order

Following is the English translation of the Enjoining Order issued by Additional District Judge Jayaki de Alwis on August 9, 2018.

“After reading plaint and its annexures and hearing the submissions of the Learned Presidents Counsel appearing on behalf of the Plaintiffs, I have arrived at the prima facie conclusion that the plaintiffs have a right to the property.

Accordingly, as prayed for in prayer ‘A’ of the Plaint, an enjoining order is issued to prevent the first and second defendants from committing any acts prayed for in the plaint for a period of 14 days in the first instance, until further determination. Notice is issued to file objections with regards to the issuance of an interim injunction.

It is ordered to issue notice of the enjoining order together with the Plaint, its annexures and the affidavit to the Defendants through the fiscal and through registered post.

For the purpose of issuing summons, the plaintiffs are ordered to deposit Rs. 75,000/- prior to the fiscal taking steps to issue summons on the defendants.

Upon these steps being taken, I direct the Registrar to issue notices to the accused through the Fiscal and registered post.

Taking into consideration the age of the 1st and 2nd Plaintiffs and the fact that they have no children,  I order the Deputy Inspector General of Colombo region to take steps as per the The Assistance to and Protection of Victims of Crime and Witnesses Act, No.04 of 2015  as per normal duties.”


How a menaced humanity facing threatened environment turns to ludicrous remedies -I


article_image


By Chandre Dharmawardana- 

Imagine a space rocket whose controls are taken over by zealots who are driving the rocket straight into the sun due to ignorance of its controls. Mission control detects danger and advises the pilot to correct the course. "Rubbish, you technos and engineers know nothing – yes, we are having increasing glare from the sun and it is YOUR FAULT". But WE KNOW how to command God Rahu to swallow the sun. We are now guided by telluric and biodynamic forces, and by traditional knowledge. Our ancestors flew in wondrous flying machines – read the Ramayana. The region of "Panchaaba" (modern Panjab) was the granary of Jambudveepa and the ancient world. Traditional agriculture fed our people who were free of disease and lived to the age of Methuselah. Our ancient engineers know how to send water even up against gravity. They built a bridge across the Palk straits. Our ancients knew about organ grafting, even creating Ganesh by grafting an elephant's head onto a human. Didn't the Mahabharata mention a woman who gave birth to 100 children? This is evidence of advanced reproductive technology and stem-cell research done thousands of years ago by our ancestors". All this and more were asserted at the annual Indian Science congress in January, 2019.

The plight of the space rocket heading towards disaster mimics the current state of the planet. The threat of global warming gives only a decade more for corrective action; the rapid reduction of biodiversity has perhaps five to ten decades more for corrective action. Scientists have warned that a human-caused sixth mass extinction is now underway on Earth. Vertebrate species, on land and sea, are threatened globally by human activities. The proportion of insects in decline is twice as high as for vertebrates. The insect extinction rate is eight times faster than for mammals, birds and reptiles

(Sanchez-Bayo et al, 2019, J. Bio. Conservation). Insects play a profound role in Earth’s ecosystems. They are critical pollinators who also recycle nutrients into the soil. Meanwhile, the clogging up of the oceans with more plastic than all the weight of the fish may happen in just three decades!

What drives this menacing trend? When did this dive towards the apocalypse begin?

The menacing tend can be reversed, but not by nostalgically going back to the methods of the past.

How the menace began with the rise of large scale slavery.

This menace began in the 19th century with millions of shackled humans from Africa transferred to the Southern USA. Slaves were forced to create a huge monoculture of cotton covering vast territories. The ships of the British Empire burning coal brought the US cotton to feed the textile industry of Lancashire to feed the industrial revolution. British coal as well as other mining ensured complete habitat engulfment by human activity making UK one of the most polluted lands, even today, as shown by the map of soil cadmium in UK compared to continental Europe.

We do not have a similar adequately authenticated map for Sri Lanka. However, the research work of Dissanayake, Chandrajith and other Geologists, as well as studies by Levine et al (2016) and Jayatilleke et al (WHO study, 2014) show that Sri Lanka has high levels of geological cadmium even in its virgin-forest soils. Fortunately the soils contain counteracting zinc ions as well. Furthermore, the dissolved (bioavailable) amounts are negligible (and well below risk) in Sri Lanka's water sources.

Salmon used to swim up the river Thames in England all the way to Berkshire, but disappeared by 1833 due to pollution. British agriculture in the UK, and in the cotton, potato and wheat fields of America used "traditional agriculture", using slaves or surfs. Extremely dangerous but traditionally accepted pesticides like arsenites, copper sulphate and cyanide, as well as plant products from Chrysanthemums (as pyrethrins), or Neem-family products (as azadiractins) were used in large amounts, as needed for them to be effective, but hurting the environment.

The industrial revolution in Europe was also driven on the backs of the colonies and slavery.

Southern Europe cut its forests for fuel while northern Europe turned to coal as well. Pollutants in European soils consist mostly of high levels of cadmium, arsenic and such heavy metal toxins. These likely came from the coal-powered economies and mining during the industrial revolution. So, although attempts have been made to link soil cadmium with contamination from modern-day mineral fertilizer usage, quantitative modeling shows this to be completely false (see: J. Environ. Health & Geochemistry: vol. 40, p 2739, 2018). Pristine forests in the colonies were also burnt and converted to plantations for cash crops and transported to European markets. Transportation of invasive species occurred, further threatening biodiversity.

The discovery of mineral fertilizers (with P and K) where a few spoons could do the work of many sacks of traditional fertilizer came at the end of the 19th century and amazed farmers. This was quickly followed by the discovery of the Harber-Boshe process in the first years of the 20th century for exploiting atmospheric nitrogen converted to urea. This was probably the most far reaching discovery of modern agriculture.

The discovery of DDT and modern pesticides.

This extreme assault on pristine environments by habitat encroachment via human activity created enormous mono-cultures of cotton, wheat, potatoes, soya, coffee, tea and tobacco, starting from the 19th century. This inexorable attack on biodiversity happened on a global and imperial scale. Such monocultures ended up becoming a necessity to feed the rising population as well as the labour force in the colonies and at home. Governor Ward in British Ceylon realized that the Malabar "coolies" (slaves except in name) brought to work in the Tobacco and Coffee plantations will have to be fed. So he turned to the restoration of ancient Tanks ('veva') that fed paddy cultivation.

The discovery of DDT by Paul Mueller in 1939 provided the farmer with the first truly effective and inexpensive pesticide that was also nontoxic to human operatives, even when applied at the large amounts used with traditional pesticides (like arsenites or pyrethrins). Synthetic organic chemistry created new very effective herbicides as well. However, although only incredibly much smaller amounts of these pesticide were needed, farmers deployed what they were used to, and created the "Silent Spring" recorded by Rachel Carson.

Bambaradeniya, (Sri Lanka Office of the World Conservation union, ICNU), writing about bio-diversity in Rice fields states that "most biotic communities in the rice field ecosystem are able to react physiologically and/or behaviorally to the drastic conditions in these temporary wetlands. As they possess the ability to recover rapidly from various disturbances, including chemical inputs, these

organisms could be interpreted as biota with high resilience stability" (Bambaradeniya, Ph. D Thesis, 2000).

In contrast, Ranil Senanayke (RS), seems to unreasonably claim that in Sri Lanka the egrets that flock to the farmer's plough are just "resistant species" eating "resistant earthworms". Egrets are not known to become resistant to pesticides. They simply die of them or become debilitated if toxic amounts are consumed. Perhaps RS meant "resilient" and not "resistant". If the "silent spring" is any indicator of ecological doom, "flocking of birds" to eat earthworms etc., are a necessary (but not exhaustive) sign of a live, highly resilient soil ecology. Similarly, Wickramasinghe et al (J. Appl. Ecol. 2003) had used visitations by bats, and also nocturnal insects (2004) to compare the health of conventional and organic farm plots. Clearly, there is no doubt that lower-intensity farming, or going back to a hunter-gatherer approach is best for biodiversity but worst for feeding humanity.

It took decades to appreciate the negative long term effects, as well as the power of DDT in eliminating good insects as well as bad insects. DDT itself was banned in 1974 but re-approved by the WHO in 2006 only for domestic use. The new pesticides at last freed the farmer from being a slave to the soil as he/she could now farm thousands of hectares almost "single-handedly," and have time for leisure and life, using pesticides, fertilizers and farm equipment instead of vast amounts of human labour and massive mounds of compost.

The introduction of these methods, which constitute the basics of the green revolution went hand in hand, albeit often in hindsight only, with new legislation to control the use of pesticides. The acute and chronic toxicity data for pesticides, coal burning, industries and mining were determined and globally introduced by national authorities. They were guided by the WHO and the FAO data for legislating safe usage of environmentally acceptable agrochemicals. That was "mission control" telling the pilots what to do. Ecosystems gradually recovered when these rules were followed. Salmon and sea trout returned to the river Thames by mid 1980s.

And yet, an anthropogenic mass extinction has arrived on an over-populated planet. Possible strategies to direct our destinies towards a happier end will be outlined in a continuation article.

‘Made in Everywhere Except Here’! Dependence of our independence


The ‘Sri Lankan-made multi-barrel rocket launcher’ was unveiled for the first time at the 71st Independence Day parade – Pic by Shehan Gunasekara

logoThursday, 21 February 2019 

Seventy-one years since 4 February 1948 is what our senses had been informed living in this beautiful isle since independence. Over the last 71 years we also have constantly described ourselves as a developing nation. As the day approaches having placed the National Flag both on moveable and immovable assets, we duly come together in demonstrating our allegiance and our undivided loyalty.
It is also interesting to note, if one is to take note of what Ivor Jennings who was in the thick of the process of independence wrote in his Autobiography that he really wanted 2 February to be the Day of Independence for Sri Lanka and not 4 February principally considering the 2nd as a more auspicious day – his evidence for understanding as such, the 2nd had been the date of his wedding! What cannot be verified now is his thinking whether he believed that in all years to come, 2 February to be an auspicious day!


He has in fact briefed the Prime Minister (the position was created in 1947) who has somehow forgotten the suggested date. Anyway as it turned out we now have to celebrate the 4th as the date due to a certain breakdown of communication and are we to assume that this date has come without the usual astrological thinking. Can someone who seriously believes in planets influencing our whole lives lament that this is the reason for all the subsequent problems of Sri Lanka!?

However, that many years later, the usual parade in Galle Face commemorates independence and when you watch and listen to the commentary with your thinking hat on, is not quite heartening. We appear to demonstrate our might through our purchases and may be gifts.
‘Made in Elsewhere’

We have positioned our defence through more or less through ‘Made in Elsewhere’. It is astonishing when we look around how dependent we are still in many ways to the outside and this dependency has its very direct cost as well as secondary costs, which accumulate negatively due to our lack of awareness.

There was much coverage subsequently over the Sri Lankan-made multi-barrel rocket launcher, which had been designed and developed by the Centre for Research and Development (CRD) of the Ministry of Defence. That news item written by many in many ways demonstrated perhaps the inner yearning that all may feel when you see and hear of a homemade product. On land, on sea and in air many were displayed and perhaps all except for this one item we have to acknowledge had been made elsewhere.

Cartoonists in a few instances did highlight the issue. Currently each bullet fired even for training implies foreign exchange moving out and we all know very well that securing dollars is a hard task. It was with great relief perhaps the Government announced on 14 January that a bond repayment that had to be paid had been paid which amounted to $ 1 billion. However, it is not over yet with repayments even for this year. As an economy with $ 87 billion this is lot of money, as we know this amounts to almost 9% of our export income per year. It is no secret that we spend most of our income these days in debt servicing.

The fact that we as an economy really lack resilience was also seen when the Customs stuck work and in deciding to work-to-rule. Containers failed to move out and thereby kind of stalled all activities in and around Pettah and the media headings to the effect of country facing a food crisis too were seen. Pettah with shutters down sent the image of a ghost street in the heart of the capital.

In all three past months of May we witnessed recurring extreme rainfall at times complementing droughts in some parts of the island. Now these are challenges coming our way basically not due to our faults. Yet when technologically backward with little or no abilities in manufacturing, Sri Lanka has very little climate resilience in case of extreme effects and the rising frequency of such events can wreak havoc, compounding our already precarious position. 
The picture that went missing was the hustle and bustle of human weight lifters – natamis – and quite basic logistic operations. This, which is the typical picture when everybody is working, is not a picture of efficiency nor effectiveness. We have just sustained this type of situation with all associated inefficiencies for many a decade. Drop of a pen and lack of a signature can bring down this system to a grinding halt, definitely not an enviable situation.
Climate risks

While we have moved on regardless the country has now also been ranked second in the world for climate risks. Now this is a rating not be taken less seriously.

In all three past months of May we witnessed recurring extreme rainfall at times complementing droughts in some parts of the island. Now these are challenges coming our way basically not due to our faults. Yet when technologically backward with little or no abilities in manufacturing, Sri Lanka has very little climate resilience in case of extreme effects and the rising frequency of such events can wreak havoc, compounding our already precarious position.

If we are to continue like this there is the chance that we may – just may – celebrate 100 years of independence but with resilience at a very low ebb I really do not want to be celebrating 100 like this. Nor am I be happy to continue to listen to and teach others saying that we are a developing country.

We have to note that the picture of Colombo Harbour as well as ensuing impact of strikes taught quite a few lessons to Lee Kuan Yew who translated lessons into actions for Singapore. For him it took only 30 years to transform a small city nation to from a sleepy market place to a top notch destination. Over 71 years we appeared to have given others enough lessons to grow and shine.
Public service

The President in his Independence Day address came up with a statistic that should have everyone trying to achieve something different if we really care about being really independent. He commented on the 1.6 million public service and its 30% efficiency. A world record number of public servants operating at a very low efficiency but nursed and cared with scarce public funds cannot be a system that is only worthy of taking a verbal jab at.

The core in which I too am a member had to specifically make a note that this sad state of affairs cannot take us far. In fact it has really not taken us far as we know when seven decades later we cannot even get the hangman’s noose right – the ethical aspects of capital punishment is not the issue of discussion here but the technical aspect of even that has to come from outside.

Imagine what the improvements of efficiency and its impact would be if productivity were to hit 70%. Definitely 1.6 million should not just be efficient in moving files up and down but take on more the job of transforming the State to a more entrepreneurial position. That perhaps is the best way forward as pruning numbers may be an anathema – as we write there is more ramblings for dishing out State jobs to jobless graduates, but transforming the functional aspects to a completely different way where risks are taken, rewards are given and transfers between public and private are made, etc.

We do have a significant number of strong youth in the public sector whose main tasks for the day is preparing cups of tea for many a number of meetings. We have come to love our little meetings and definitely love the big ones as occasional absence in the middle of the meeting is not noticed by anybody.
Entrepreneurial state

The concept of the entrepreneurial state is not that old. It is a very practical concept championed by Prof. Mariana Mazzucato who really waxes eloquently on the power of the public sector. She has serious compelling arguments tearing apart the usual free market concepts, theories of private sector really contributing to growth, etc.

She really laments when governments failed to recognise their own role in innovation and today no one argues against innovation. Yes we too had the concept coming out in the Independence Day address even if not in great detail. Anyone who thinks that the State should not fund significantly should read her analysis how Google benefited from a simple National Science Foundation grant for research, Foundations of Biotechnology happened in public Medical Research Labs in UK, iPhones would have been quite dumb if not for many US Government research fundings and Vesta’s leadership in wind systems came from tax breaks in USA.

We in Sri Lanka are so weak in getting the Government to think and act in this manner. We may play with public money in many different ways but go lame when faced with a decision to embark on a journey which really has the potential to change our landscape. The preference to stay with the well-known and the comfortable is dragging us down but we do not understand this slow death.

Independence Day may be a day to reflect on how to shape the future, as one certainly cannot change the beginning. If we do this at least now the opportunity is there to change the future. The former Granary of the East should not be saying to the world that one out of every four children of ours is malnourished today!

Tuesday, February 19, 2019

Israel’s freezing of Palestinian tax funds “collective punishment”

Palestinians protest the siege on Gaza at Erez checkpoint in the northern Gaza Strip, February 2018.Yasser QudihAPA images

Israel’s freezing of millions of dollars in Palestinian tax revenue will cause the dire situation in Gaza to deteriorate even further, Al Mezan, a human rights group in the territory, warned on Monday.

Thousands of civil servants in the coastal enclave, its population of two million plunged into poverty after more than a decade of economic blockade, have already had to contend with salary cuts and late paymentsdue to “discrimination” by the Palestinian Authority in the West Bank.

Now Israel is planning to withhold some $138 million in taxes it collects on behalf of the PA as a form of sanctions over stipends to political prisoners.

The freezing of tax fund transfers will be a “dangerous contribution to the deterioration of humanitarian and economic conditions,” according to Al Mezan.

Israel in “sole control” over borders

Legislation passed last year allows Israel to deduct payments made to Palestinian prisoners and their families from Palestinian Authority tax revenue, which Israel controls.

Israel has intermittently frozen tax transfers to the Palestinian Authority since the Oslo accords were signed 25 years ago.

Israel’s withholding of Palestinian tax revenue is a violation of Israel’s obligations under the Oslo accords Paris Protocol, Al Mezan stated.

Under that protocol Israel collects taxes on behalf of the Palestinian Authority, giving the military occupier “sole control over the external borders and collection of import taxes and VAT,” as described by the human rights group B’Tselem.

The customs union framework of the Paris Protocol was implemented because Israel “did not want to establish an economic border with the Palestinian Authority, an act that would give a clear flavor of sovereignty,” B’Tselem adds.

The Palestinian Authority estimates that the West Bank and Gaza economy loses at least $350 million per year due to Israel’s implementation of the Paris Protocol.

The Palestinian economy has lost $540 million in revenue since 2006 due to administrative fees imposed by Israel alone, according to the PA.

Last year the PA demanded $360 million in unpaid taxes from businesses operating in so-called Area C – the 60 percent of the West Bank under full Israeli military control.

The World Bank acknowledged in 2016 that the PA “suffers from substantial revenue losses under the current revenue sharing arrangements” amounting to $285 million, or 2.2 percent of the Palestinian GDP.

Israel moreover treats the occupied West Bank and Gaza Strip as captive markets for its own products including food and pharmaceuticals, thus generating immense revenue from near-monopoly access to Palestinian markets.

Collective punishment

Sanctioning Palestinian tax revenue “is tantamount to collective punishment prohibited under international law,” Al Mezan stated.

Stipends to Palestinian prisoners “are considered a form of social security for families that lost their main breadwinner,” the rights group added.

The tax revenue freeze is the latest financial blow to Palestinians living in the occupied West Bank and Gaza Strip and in refugee camps in Syria, Jordan and Lebanon.

Last year, the Trump administration in Washington slashed $300 million in aid to the already under-funded UNRWA, the United Nations agency for Palestine refugees, as well as $200 million in bilateral aid to the Palestinians.

New legislation signed into law by Trump last October effectively disqualifies the Palestinian Authority from receiving US funding “unless it agrees to pay court judgments of sometimes up to hundreds of millions of dollars on behalf of American victims of Palestinian attacks,” as reported by the Associated Press.

Aid as leverage

President Donald Trump has admitted to using humanitarian aid as political leverage to advance his administration’s Israeli-Palestinian “peace deal.”

Israeli media have reported that Trump’s long-delayed plan – now shelved until after Israel’s general election in early April – will include the annexation of Israel’s major settlement blocs in the West Bank.

The Israeli government, under the leadership of Benjamin Netanyahu, who is running for re-election, plans to significantly expand settlements in the West Bank, including outposts built without formal authorization.

All Israeli settlements in the West Bank, including East Jerusalem, violate international law, which prohibits an occupying power from transferring its civilian population to the territory it occupies.

In 2016 the UN Security Council reaffirmed that Israeli settlement-building in the occupied West Bank “has no legal validity and constitutes a flagrant violation under international law.”

Palestinians patrol Hebron after Israel ejects observer mission

Volunteers in blue uniforms begin escorting Palestinian children past Israeli settlers to school
The civilian patrol volunteers wear uniforms bearing the word ‘observer’. Photograph: Abed al-Hashlamoun/EPA

 in Jerusalem-
Palestinian activists in the flashpoint city of Hebron have started patrols to prevent attacks by settlers after Israel’s widely criticised expulsion of an international observer mission.

The Temporary International Presence in Hebron (TIPH) was first established more than two decades ago after a far-right Jewish extremist murdered 29 Muslims at a mosque in the city.

TIPH has since monitored and documented altercations in the West Bank city, in particular between Palestinians, the Israeli army and members of a several hundred-strong ultranationalist settler movement who live in heavily fortified districts.

The body’s forces, a team of 64 observers from Italy, Norway, Sweden, Switzerland and Turkey, had escorted Palestinian children who needed to walk past settler areas to get to school.

“Their absence is a big gap,” said Issa Amro, a local activist leader who set up the civilian patrol of 18 volunteers, all wearing blue uniforms with the word “observer” written in English, Arabic and Hebrew. “We escort kids to schools, we try to document human rights violations using video cameras … we try to protect Palestinian homes,” he said.

As soon as he began a week ago, Amro’s mission drew anger from settlers. He published a video of a woman slapping him and other volunteers being pushed around.

More than 200,000 Palestinians live in Hebron, the occupied West Bank’s largest city. But the presence of settlers has effectively shut down local life in the main souk as army checkpoints cut off the area.

Central to the volatility is Hebron’s leading holy site, which Jews call the Tomb of the Patriarchs while Muslims refer to it as the Ibrahimi mosque, after the patriarch Abraham, a key figure for both faiths.

Last month, Benjamin Netanyahu announced that the mission’s mandate would not be renewed, saying Israel would not “allow the continuation of an international force that acts against us”.

The move was interpreted as a nod to domestic far-right voters as Netanyahu seeks re-election in April. TIPH has been the focus of controversy in Israel recently after one of its observers was deported for slapping an Israeli childand another was filmed puncturing the tyres of a settler’s vehicle.

The ejection of the observers drew widespread international condemnation. In a joint statement, TIPH member countries said it undermined one of the few established mechanisms for conflict resolution between Israelis and Palestinians. The EU said it risked further deteriorating the already fragile situation on the ground.

Chris Eijkemans, the local representative for Oxfam, said the departure was “a dangerous green light for more violence”.

Most world powers consider settlements to be illegal under international law, which forbids the transfer of civilians into occupied land. Settler violence against Palestinians living in the West Bank has been rising since the beginning of 2017, according to the UN. Incidents often follow attacks by Palestinians against Israelis.

According to the UN’s office in the occupied Palestinian territories, a recent
household survey conducted in one part of Hebron indicated that almost 70% of Palestinian families had been exposed to settler violence and harassment in the past three years.

While TIPH observers were never authorised to interfere in incidents or disputes, they patrolled seven days a week and their mandate intended their presence to give “a feeling of security to the Palestinians of Hebron”.

Amro says his volunteers are not as well trained as the TIPH, but more importantly, they do not have diplomatic backing. While Israeli soldiers could not force TIPH observers away from any areas of Hebron, his group has been banned from parts of the city after the army declared it a closed military zone.

After the TIPH observers packed up, he said: “The soldiers are acting differently, the settlers are acting differently.”

Assad adviser rejects idea of granting Syrian Kurds autonomy

FILE PHOTO - Kurdish civilians sit at the back of a truck in Afrin, Syria March 18, 2018. REUTERS/Khalil Ashawi


MOSCOW (Reuters) - A senior adviser to Syrian President Bashar al-Assad on Tuesday flatly rejected the idea of giving Syrian Kurds a measure of autonomy, saying such a move would open the door to the partition of the country.

The Kurdish-led authority that runs much of north and east Syria has presented a road map for a deal with Assad in recent meetings with his key ally Russia.

The Kurds want to safeguard their autonomous region inside a decentralised state when U.S. troops currently backing them pull out. They also hope a deal with Damascus would dissuade neighbouring Turkey from attacking them.

But when asked on Tuesday if Damascus was willing to do a deal that would hand the Kurds some measure of autonomy, Bouthaina Shaaban, a senior adviser to Assad, flatly rejected the suggestion.
“Autonomy means the partition of Syria. We have no way to partition Syria,” she told Reuters on the sidelines of a Middle East conference in Moscow organised by the Valdai Discussion Club.

“Syria is a country that is a melting pot for all people and all people are equal in front of Syrian law and in front of the Syrian constitution,” she added, calling the Kurds “a precious and very important part of the Syrian people”.

Her comments come after Syrian Deputy Foreign Minister Faisal Mekdad expressed optimism last month over dialogue with Kurdish groups, and suggest the Kurds will face an uphill struggle to wring concessions from Damascus, which has said it wants to retake every inch of territory lost during eight years of war.

Shaaban sat next to Russia’s Deputy Foreign Minister at the conference and lavishly praised Moscow for its Syria intervention, saying it had shown “amazing consistency in dealing with facts on the ground”.

She was scathing about Turkish President Tayyip Erdogan and his idea of carving out “a safe zone” in northeast Syria however.

Ankara wants the area near the Turkish border to be cleared of the U.S.-backed Kurdish YPG militia and to move into territory there, some of which is currently controlled by U.S. forces.
Shaaban said the idea smacked of an illegal land grab.

“Turkey has all the new ambition to occupy other people’s land and I think we are facing Erdogan who has dreams of reinvigorating and recreating the Ottoman Empire,” she said.

“But I don’t think he will be able to do that because our people are there to defend our land.”

Turkey backs the anti-Assad opposition that still has a foothold in northwestern Syria, and has troops in that area.

Editing by Frances Kerry

India’s Afghan Dilemma Is Tougher Than Ever

As the United States contemplates leaving, New Delhi quietly reaches out to the Taliban.

Participants attend the opening of the two-day talks between the Taliban and Afghan opposition representatives at the President Hotel in Moscow on Feb. 5. (Yuri Kadobnov/AFP/Getty Images)Participants attend the opening of the two-day talks between the Taliban and Afghan opposition representatives at the President Hotel in Moscow on Feb. 5. (Yuri Kadobnov/AFP/Getty Images)


No photo description available.
BY , 
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India has never been able to make up its mind about Afghanistan, and now the stakes are higher, and more pressing, than ever. Should it engage, officially or unofficially, with Pakistan-backed groups such as the Afghan Taliban—or not? An unfolding breakthrough between the United States and the Taliban, which seems to promise a full U.S. troop withdrawal in 18 months if the Taliban pledge an enduring cease-fire, makes this long-standing dilemma suddenly especially acute.

Officially, India maintains support for an Afghan-owned, Afghan-led reconciliation process. New Delhi wants the Kabul government to be the key player in the talks with the Taliban.
India’s Afghanistan policy is not driven by ideological or humanitarian concerns. It is driven by a desire to limit Islamabad’s influence in Afghanistan. This is because increased Pakistani influence in Afghanistan may not only lead to a reduced Indian presence but will also make India more susceptible to Pakistani-inspired terrorism and marginal in the wider region. As the most recent terrorist attack on Indian security forces in Kashmir, which claimed the lives of more than 40 personnel, underscored, India will be the first target of those who see in a U.S. withdrawal a Taliban victory. The suicide bomber was reportedly inspired by the “Taliban victory” in Afghanistan.

India’s room for maneuver in Afghanistan is constrained by structural aspects, such as its limited material capacities, reputational concerns, and lack of geographical contiguity. Unlike the United States, for instance, India does not have the financial resources to support state building in Afghanistan. In reputational terms, it values its role as a constructive regional player that has helped build the capacity of the Afghan state in economic, political and military terms.

New Delhi requires partners both outside and inside Afghanistan to protect its presence and interests in the war-torn country. That led to an alliance with the Afghan communists in the 1980s, alongside the Soviet Union, and a similarly futile effort in the 1990s, when it threw its weight behind the so-called Northern Alliance with support from Iran and Russia.

India’s latest choice of partner has been the Kabul government alongside the United States. Since 2001, under the security umbrella of U.S.-led NATO forces, India has built a sizable developmental and considerable intelligence footprint in Afghanistan, spending more than $2 billion in aid and infrastructural development, and reopened consulates across the war-torn country.

From a security perspective, the training of Afghan police, army, and intelligence officers, as well as its consular presence, offered India insight into the ground realities of the Afghan war. But in response to such inroads, outfits such as the Lashkar-e-Taiba and the Haqqani network, supported by Pakistan’s Inter-Services Intelligence (ISI) agency, began targeting Indian personnel and installations. What began as a series of kidnappings in 2005 of Indian workers building the Zaranj-Delaram highway in the Afghan province of Nimruz transformed into targeted attacks against the Indian Embassy and consulates after 2008.

Today, with Iran, Russia, China, and the United States directly engaging with the Taliban, and the credibility of the Kabul government at an all-time low, India is heading toward yet another crisis in Afghanistan. In the 1980s, after the Soviet withdrawal, India supported the beleaguered regime of Mohammad Najibullah until the end. The then-external intelligence chief, A.K. Verma, had reassured Prime Minister Rajiv Gandhi in 1988 that Najibullah would last a “long time” with Soviet support.
It took India’s embarrassing failure to save Najibullah from being ousted in April 1992, and the mujahideen takeover of Kabul soon after, for New Delhi to officially recognize the new rulers. In the same way, as the mujahideen factions went to war with each other and the Taliban rose from Kandahar to take over most parts of the country with Pakistani support, India chose to back the officially recognized government from 1992 on, refusing to shift tack in light of the Taliban’s visible military successes.

The hijacking of Indian Airlines Flight 814 in 1999 by Pakistan-based militants raised questions about the acuity of India’s decision to avoid even an informal channel with the Afghan Taliban or have some credible presence in Afghanistan’s Pashtun heartlands. The plane was taken to Kandahar, which was then under the Taliban’s control. After seven days of tortuous negotiations, India released three top militants—including Masood Azhar, the leader of the Pakistan-based terrorist group Jaish-e-Mohammad—to secure the release of all passengers. Still, with support from Iran and Russia, and with the United States becoming increasingly preoccupied—and paranoid about—with Islamist militancy, New Delhi felt no urgency to accommodate the Taliban.
But now, when much energy, lives, and capital have been exhausted, and the United States is unwilling to fight a forever war, India is feeling the need to reconsider its options. India today is much more confident about its ability to shape regional developments, given its strategic partnership with the United States and significant investments in Afghanistan over the last two decades.

However, India is unlikely to change its position. Because Indian policymakers know that no deal—definitely not the one being crafted between the U.S. special envoy to Afghanistan, Zalmay Khalilzad, and the Taliban’s chief negotiator, Mullah Abdul Ghani Baradar, and his ISI handlers—that favors one entity (e.g., the Taliban) over the other (e.g., the Kabul government) is likely to succeed. They also know that peace and reconciliation in Afghanistan are unlikely, especially with Pakistan involved. A combination of domestic compulsions and regional insecurities is likely to make Pakistan party to another round of violence in Afghanistan, not long after the withdrawal of U.S. troops.

Pakistan’s own botched approach thus makes India’s conservative support of Kabul a success. Talking to the Taliban, then, becomes a secondary political tactic rather than a central policy dilemma. After all, what all can India gain from talking to the Taliban that it cannot by consolidating relations with allies within the Kabul government? If the aim is to ensure a strategic balance between Afghanistan and Pakistan, then India needs to support Afghan political factions that—at the least—stand their ground against Pakistan.

And while it has eschewed them in public, India has had backdoor contacts with the Taliban. Indian intelligence and diplomats reached out in 2005 after the killing of Indian workers, forming a tentative understanding that led to a temporary decision not to target each other’s personnel. But that relationship failed thanks to the Taliban’s ultimate dependence on Pakistan.

Outside the public eye, the authors have been told in private conversation that India has reached out again in recent months. But the Taliban remain unable to guarantee the protection of Indian interests and installations after a U.S. withdrawal. These are big red lines for New Delhi. If these protections can be credibly promised, public engagement remains a possibility. If not, India will stick to its guns. Despite continuing to officially dissociate itself from the Taliban, New Delhi has underlined that it “will participate in all format of talks that could bring about peace and security the region.”

As New Delhi gears up for a new set of equations in Afghanistan, it will have to work closely not only with the United States to ensure that Pakistan doesn’t get a free hand in managing the Afghan transition but also with other regional stakeholders, such as China, Russia, and Iran, to ensure that the balance in Afghanistan’s polity is maintained.

The Afghan war is far from over. As a neighbor that, unlike the United States, does not have the luxury to disengage at will, New Delhi is likely to seek the protection of its material interests at a minimum in the short term—which includes the denial of Afghan soil as a training ground for anti-India militants by the ISI. In the medium to long term, it will seek to expand its space for maneuver by exploiting the inevitable fissures that are expected to surface between the Afghan Taliban and Pakistan. The ultimate goal will be the same as it always has been—keeping Pakistan from running the show.

Nepal: Dahal’s Threats to Revive the Civil War



by S. Chandrasekharan- 
13 years have passed since the so-called People’s war ended and yet nothing has happened to the poor victims of conflict who are still looking for Justice.
Over 16,000 lives were lost in the civil war and yet when cornered, Dahal the Co-Chairman of the Ruling Party, the Communist Party of Nepal and former Maoist, threatened that he would be forced to revive the conflict once again and thus bring misery to the people. But if this happens though unlikely, the very comrades who sacrificed everything to join the movement and now left in total neglect and poverty while the leaders are enjoying power and wealth will turn against him and other Maoist leaders!
The Peace Process that started thirteen years ago cannot be said to be completed until the victims of the conflict now seen in all walks of life are satisfied.
The ICJ, the Amnesty International and the Trial International called on the Government recently to commit itself to a transparent and consultative transitional Justice process that complied with International Law and the Judgement of the Supreme Court.  So far, the Government has defied the Supreme Court Ruling in some cases against leaders of the Ruling Party.  The three organisations have reiterated that the cease fire process failed to deliver the truth or reparation for victims of crimes under international law and gross human rights violations.
Soon after the end of the conflict, the Government had established two transitional mechanisms- one, the Truth and Reconciliation Commission and two,the Commission on Disappeared Persons.  Since both the mechanisms have failed, the Oli Government was about to set up Special Courts to deal with Conflict era cases.  This goes against the wishes of the Co Chairman of the Ruling Party, Dahal who wants a few to be punished and other cases closed for once and for all.  This will not be accepted either domestically by the people or internationally.
The Government has extended the terms of the two Commissions for once more ‘in appreciation’ for taking no action!
Meanwhile, the Constitutional Bench of the Supreme Court under Chief Justice Cholendra SJB Rana has begun its final hearings  on two writ petitions by victims’ relatives seeking Court’s intervention  to punish a former Maoist Leader Agni Prasad Sapkota for his alleged involvement in the murder of a school teacher.
This Bench will decide whether the Conflict Cases could be tried in a regular Court of Justice or under separate transitional justice mechanisms.  Two other similar cases are also pending against other Maoist leaders.
The Ruling will be significant if the Supreme Court allows the cases to be tried in regular courts.  There will be a flood of such cases and the Government will not be in a position to cover up or delay such cases as it had tried to do so far.  The former Maoist Leader who was responsible for the loss of innocent lives during the conflict will be cornered.
In fact what is striking is that while the perpetrators who carried out the killings and other forms of torture on the instructions of their leaders will get punished either way, the leaders who gave the orders will go scot free.  This applies to the Government forces too.
Interviews with the ex-Maoist Cadres who are struggling  to survive after initial social ostracization indicate that they strictly followed the orders of their commanders and now regret having joined the movement with high ideals and ambitions and now left to languish in poverty and threat of criminal action!
The Maoist faction of the Nepal Communist Party have been pressing the Government to celebrate the February 13 every year (Falgun 1) to commemorate the People’s War that took away innocent lives. ( Jana Yuddha Divas).  The UML faction was opposed to it and this year the top UML leaders including  Prime Minister Oli skipped a programme organized by the Maoist faction led by the Co Chairman Dahal.
The absence of the top leadership in the function  did carry a political message and an ideological struggle between the two factions of the Ruling Party-the UML the NCP. Until 2017 the Maoists and the UML were adversaries and Oli had even questioned the relevance of the People’s War. It looks that the ideological struggle between the two groups will continue for quite a long time.  Not to be forgotten- the UML cannot forget that they were themselves the targets during the People’s War and hundreds of their cadres had lost their lives in the hands of the Maoists.
Much heat was generated on another minor issue- where the two groups took opposite positions in the case of the crisis in Venezuela.  It all started on January 25 when Dahal without consulting the Government or the Prime Minister issued a strong statement siding with the embattled President Maduro and also denounced the United States’ interference and imperialist moves. Oli on his return from abroad, tried to make a joke of it saying that it was a “slip of the tongue” of the Maoist leader which further infuriated the ex Maoist Chief.   Then came the fiery rhetoric and response from Dahal threatening a revival of the People’s War.
It is unfortunate and sad that Oli succumbed to the threats and declared officially that  Falgun 1will be commemorated  as Janayuddha divas (People’s War Day).
There is a temporary truce now between the two factions- UML and the Maoist and one does not know how long it will last.  One Analyst aptly commented on Oli’s one year as “Strong Government and Weak Governance”.
Nepal of today is not what it was under the Panchayat era and not even during Constitutional Monarchy days.  People are aware of their rights and are willing to approach the courts for justice without fear.  Those leaders who perpetrated violence on innocent people  with over 16000 lives lost, should not be left unpunished- however long it may take to get justice.