Friday, February 22, 2019

Sri Lanka: Constitutional Council — Abused Child

President Maithripala Sirisena, yesterday, said in Parliament that the Constitutional Council was politicised and there had been a political hand behind the recent appointments and promotions made by it.

Participating in the debate on the Constitutional Council, the President said:

Feb 22, 2019

“The 19th amendment was like a child that we brought up together. The same amendment gave birth to the Constitutional Council. I am sad to say that the child has been abused by some in the government. I happened to hear several ministers and the Prime Minister criticise my recent statement on policies followed by the Council in appointing and promoting judges. Those criticisms are not true. I am not here to respond to them. I reject all of them. I observed that various ministers and the prime minister have attempted to portray me as a person who is against the recent appointments the CC made to the Supreme Court, but I am not against those appointments. Their efforts are aimed at pitting me against those judges.

“The issue I am raising is the rejection by the CC of the judges I nominated. The CC has not said why it rejected the names of those judges. I am not a member of this august assembly. I am addressing this House by making use of the constitutional provisions which enable me to do so.

“I hope the Speaker, those in the government and the opposition still remember the manifesto we put forward when I contested the presidential election. There were 49 signatories thereto, including political parties, civil society organisations and trade unions. It was signed at the Vihara Maha Devi Park in Colombo.

“That manifesto promised the people that we would amend the Constitution. The 19th Amendment was that promise. Immediately after I was sworn in, Ranil Wickremesinghe took oaths as the Prime Minister. That was done because of the agreement that we had reached to work together to realise what we had promised people, in our manifesto.

“At that time, this House had only 41 or 47 UNP MPs. The UPFA had 142 and of them 127 were from the SLFP. Others were our leftist allies. Three weeks after assuming duties, I accepted the leadership of the SLFP and this august assembly allowed us time to work together. When that power was given there was no division. The UNP, SLFP, JVP and TNA cooperated during those months. That helped us secure the passage of the 19th Amendment to the Constitution with 215 MPs out of 225 voting for it. Some of those in the Opposition today voted for the 19th Amendment. On April 27 and 28 of 2015, the 19th Amendment was debated here. It had been originally decided by the party leaders to debate the amendment bill for one and a half days, starting from 27th morning, and take the vote at noon on April 28. However, the vote was postponed when the bill was introduced, there were further amendments at the committee stage in the evening. I remained here in this parliament complex for two days. I worked hard for the introduction of the 19th Amendment.

“Minister Mangala Samaraweera said several minutes ago that the amendment was my baby. Yes it is. I produced a legitimate child. We had a legitimate child. I am thankful to Minister Wijayadasa Rajapakshe, who single-handedly answered all questions on this floor. Today, journalists describe that child, the 19th Amendment, as baby with a defect. I agree 99 percent with them. The Constitutional Council has come to this pass because it has more politicians than statesmen, civil society members and intellectuals.

“In our country Buddhists, Catholics, Hindus and Muslims make various offerings. Unlike in many other countries, we make donations, sacrifices and offer alms. We have seen that during the times of war some soldiers sacrificed their lives. I, too, have given alms, and donated money, I have donated cloths; when I was young I donated blood. There are many who donate even organs. But in this world it is rare to find persons who donate their power. I did that, too. I have not heard of a leader in the modern world who has donated his or her power. I did so to bring up that legitimate child. But it grieves me to see that child abused. Everybody knows that our hopes were dashed. Under the 19th Amendment we set up the Constitutional Council and then independent commissions. The amendment contained everything pertaining to the role, the task, the conduct of the council and commissions. But we have not put them into practice.

“The 19th Amendment was the most influential amendment after the 13th amendment. We have failed to study or review the 13th Amendment which gave birth to the provincial councils. Today, 85% of funds allocated to the provincial councils go for recurrent expenditure and only 15 percent remain for development. There are provincial councils whose employees are without work because they were dissolved many months ago and no elections have been held thereto.

“What is the role of the Human Rights Commission? Is it for the protection of human rights of the law-abiding citizens of this country or for safeguarding the human rights of drug lords, underworld kingpins and murders in prison? There was a problem of maintaining all those serious criminals in Welikada and we decided to send them to the Angunakolapelessa Prison. Soon afterwards, the Human Rights Commission started to question that move.

” That commission sent me a letter demanding a response from the STF commandant with regard to the rights of drug dealers and other criminals sent to the Angunakolapelessa Prison. Whom are they protecting? Drug dealers and other criminals? I saw the Chairperson of the Human Rights Commission addressing a press conference soon after my statement to Parliament. She said the President had said this and that and when the President did so she thought of resigning from her post. What I am asking is whether the Human Rights Commission is safeguarding the rights of 21 million people in this country or the rights of the criminals. There are many countries which boast of human rights, but we have seen what happens when they catch criminals. We have seen the situation in prisons in the US, which talks big of human rights. Now, they expect us to safeguard the rights of criminals.

“Some government and Opposition members told this House today that I was against the judges recently appointed by the Constitutional Council. They are wrong; my problem is about the judges who were rejected by the council. The council has rejected 14 judges so far. I sent names of some judges thrice to the Constitutional Council but they were turned down. Those judges cannot come before the council; they cannot meet the Prime Minister. They can come to me easily. They inform me of their grievances. They tell me the rejections by the council were unjust. They were of the view that it was I who had rejected them, but, now, they know what really happened. If the council turns down the name of a judge, then that judge has a right to know why she or he has been rejected. Even a labourer has that right. A judge is no ordinary person and this problem does not affect only one court. Today, the judges serving at primary courts, district courts, high courts are frustrated and have doubts of their future. They are asking me whether they would have to go after some politicians to get their promotions. There is a serious allegation by intellectuals and other civil society leaders that the Constitutional Council is politicised. There is a political hand behind the recent appointments and promotions made by the council.

“The council’s rejection has led to various issues. The judges, overlooked by the CC, ask what wrong they have done.

“There is no transparency in the Constitutional Council. I do not know why the names that I had sent were turned down. The judges, too, state that the work of the council is not transparent.

“Today the Executive, legislature and the judiciary are being controlled by the Constitutional Council.

“As far as I know the method adopted by the Constitutional Council in appointing the Attorney General and the Inspector General of Police was not just and moral. At that time, some of the civil society members were not present. We do not know whether they had been asked not to come or whether they had not been informed of the meeting or whether the council had decided to make those appointments in their absence. Nobody knows. Those appointments have led to serious questions in the country, especially with regard to the appointment of the IGP. I have stated this on an earlier occasion, too.

“None of those judges whose names were rejected by the CC are my relations or associates. If was after being rejected by the Council only that they came to see me.

“There is a National Police Commission which is preoccupied with transfers, but the objective of setting up that commission was much wider.

“There is a Public Service Commission. There are more than 1.6 million public servants in the country today. But the heads of departments and secretaries to the ministries are not involved in the work of that commission.

“I am not angry with anyone. Even if this august assembly decides to abolish the executive presidency, I am not against it. I made that promise when I assumed the duties of this post. It is a task before Parliament. There is no change in my stance. So, Parliament could make a decision on that, too.”

FREE MEDIA MOVEMENT CONDEMNS POLICE ATTACK ON JOURNALIST NADARAJAH KUGARAJAH.

Image: Journalist Nadarajah Kugarajah was assaulted by acting Officer-in-Charge of Kopay police station.(@garikaalan)

Media Release/ 2019 Feb 19.

The Free Media Movement, while strongly condemning the police attack on journalist Nadarajah Kugarajah, urges all relevant authorities to immediately investigate the incident and to mete out justice.

Nadarajah Kugarajah, a journalist from Tamil television channel ‘Dan TV’ has been admitted to the Jaffna Teaching Hospital after being attacked and wounded by the police.

This had taken place at around 2.30 pm on February 19 at Kokuvil East, while Kugarajah was filming an incident for his reportage. He had been threatened not to film the incident and attacked by the Acting Officer-in-Charge of Kopay police station, Kugarajah stated.

In a situation where journalists in the North and South had not got justice for rights violations, Free Media Movement views such repressive incident as a major obstacle to journalists’ freedom of speech and freedom of expression and condemns such threats.

Therefore, the Free Media Movement urges all parties concerned to take immediate action to investigate and to mete out justice to the affected journalist.

C.Dodawatte

Convener

Journalist attacked by police in Jaffna, Sri Lanka – IFJ

Sri Lankan journalist Nadarajah Kugarajah was attacked by police in Jaffna on February 20, 2019. The International Federation of Journalists (IFJ) joins its affiliate the Free Media Movement (FMM) is strongly criticizing the attack and calling for an immediate investigation by the police.

Nadarajah Kugarajah a journalist with the Tamil television station Dan TV was attacked on February 19 as he filmed a piece for his reporting in Kokuvil East in Jaffna. As he filmed, he was threatened to stop filming by the Acting Officer-in-Charge of Kopay police station. When he did not comply, he was attack. Kugarajah was taken to Jaffna Teaching Hospital to be treated for his injuries.

FMM said that the situation for journalists in the North and South is concerning and are still waiting on justice for media violations that occurred years earlier. FMM said: “We view such repressive incidents as a major obstacle to journalists’ freedom of speech and freedom of expression and condemns such threats. Therefore, the Free Media Movement urges all parties concerned to take immediate action to investigate and to mete out justice to the affected journalist.”

The IFJ said: “We call for an immediate and thorough investigation into the attack on Nadarajah Kugarajah. Journalists and the media cannot be attacked for simply doing their job, and incidents such as these only work to foster a climate of fear and intimidation for the media.”

Muslims protest Sri Lanka navy occupation in Mannar

190220 Silavathurai Navy protest NE 10.JPG

Muslims in Mannar protested for the release of their lands from Sri Lankan navy occupation.

21 February 2019

The protestors called for the release of 35 acres of land in Silavathurai which displaced families have been unable to return to due to the navy's occupation.

JVP/NIO: First Major Sri Lankan Political Platform To Openly Recognise LGBT+ Rights

FEBRUARY 21, 2019

At a meeting of the National Intellectual Organisation [NIO] held in November 2018, JVP leader Anura Dissanayake affirmed in public that his party, [the primary contender to present itself as a third alternative in Sri Lankan politics], recognises and respects LGBT+ rights [සමරිසි ප්‍රජාව]. The NIO National Policy Document, launched at the national convention of the NIO held in Colombo on 19thFebruary 2019, contains a section on LGBT+ rights. Pages 104-105 read as follows:

LGBT+ community leaders were invited to both above-mentioned events, and in drafting the manifesto, NIO was keen to gain first-hand insights from LGBT+ rights advocates of the left.

Indeed, these are highly significant developments. This is the first time that representatives of LGBTIQ+ communities in Sri Lanka have been invited by a political party to join a high level public political dialogue. This is also the first time when an organisation affiliated to a national-level political party has included a comprehensive section on LGBT+ rights in their primary policy document.

Speaking to Colombo Telegraph, political analyst, educator and author Dr Chamindra Weerawardhana, who delivered Sri Lanka’s inaugural annual Pride Speech last May in Colombo, noted:

“These are very commendable developments. The JVP and the NIO have been receptive to the LGBT+ community, and their willingness to interact with non-heteronormative Sri Lankans is a very important move. I also appreciate the fact that they focus on the issue of sexual orientation, as in “සමරිසි”. This is very important, because it is non-heteronormative citizens whose rights are being criminalised. They face very high levels of stigma. A senior MP who is supportive of SOGIESC rights once said to me that efforts develop a parliamentary dialogue on the rights related to gender identity/expression and sex characteristics were somewhat easier than a similar effort on sexual orientation-related matters. So the NIO and JVP definitely should be appreciated for focusing on the සමරිසි ප්‍රජාව”.

Dr Weerawardhana further noted that despite this development and many other positive elements in the NIO policy document,

“The NIO is yet to make progress on a very important matter, gender equality and parity. Very few women have so far been given key positions and responsibilities. At the National Convention, we saw only a few women taking the floor. If you are a serious political advocacy body of the left that intends to impact a polity in 2019, it is very important to focus on 50:50 parity. In the Sri Lankan context, this would set a tremendous precedent. Some people seem to assume, even within the left, that we do not need to focus on gender parity in this way, or that Sri Lanka is ‘not ready’ for such a development. All I have to say to them is to look at the power of Sri Lankan women from all backgrounds, levels of education and identities, and take stock of the importance of ensuring full parity. The equality and justice-related elements in the NIO programme of action would not be fruitful in the absence of a proper parity policy. To me, as a queer woman, full gender parity, robust gender equality/justice policies and the rights of the සමරිසි ප්‍රජාව go hand-in-hand”.

Speaking to Colombo Telegraph, Thiagaraja Warathas, a political activist, Senior Lecturer at the University of Colombo and Commonwealth doctoral scholar at the University of Bath, noted

“I think this is a very significant moment for the LGBT+ community in Sri Lanka, where a multi-front body like the NIO, that is known to be aligned with a political party that represents parliament and has a rural and semi-urban voting bank, has agreed to accept LGBTQI+ rights as something that should be enhanced and protected. No other political party representing parliament has ever initiated such an endeavour in Sri Lankan history.”

“And this change did not come overnight. There have been a number of discussions and fostering processes, which have culminated in such a positive policy transformation. And this should be enhanced and further strengthened based on mutually beneficial political dialogue between the political parties and the LGBT+ community. Instead of demanding the full pie all at once, certain elements of the Sri Lankan LGBT+ community must also realise that the consolidation of political recognition is a gradual and incremental process”, Warathas further said.

Gota’s predicament: A legal perspective

Gotabaya Rajapaksa has been held responsible for the Avant-Garde case/misuse of public property, disappearances of journalists, assault on media institutions, killing of journalists, authorising the attack on the Welikada prison rioters, war crimes allegations and the alleged involvement in the procurement of MIG aircrafts – Pic by Shehan Gunasekara

Must Basil necessarily be the Foreign Minister?

Friday, 22 February 2019

This writer is not a card-carrying member of any political party, neither does he have any affiliation to any of the Rajapaksas either personally or officially. This article is purely a legal and political analysis of the stakes involved if Gotabaya Rajapaksa decides to contest the next Presidential election. The references to some of the stories are taken from the mainstream media.

The media reports that GR is a citizen of the United States and that he is making a frantic effort to contest the next Presidential election from the Sri Lanka Podujana Peramuna – SLPP which is under the direction of the former President Mahinda Rajapaksa. GR has now taken the membership of SLPP and just a couple of days back confirmed his interest in running for the Presidential election. In ethics conduct is ‘end idealised’.

What are the common accusations level against the GR? According to media reports, he has been held responsible for the Avant-Garde case/misuse of public property, disappearances of journalists, assault on media institutions, killing of journalists, authorising the attack on the Welikada prison rioters, war crimes allegations and the alleged involvement in the procurement of MIG aircrafts.

Besides being a US Citizen, he has undergone training at a university in China on a grant/scholarship given by the Government of China. If he had held a US citizenship how could he have functioned as Defence Secretary of Sri Lanka? GR now wants to renounce his UScitizenship and the crux of the matter is that all these cases are still pending, no verdict has yet been pronounced – neither incriminating him nor exonerating him.

President Sirisena even set up a Presidential Task Force for the recovery of illegally acquired State assets and the media reports indicate that USGovernment has extended cooperation as it borders on money laundering. GR does have the ‘presumption of innocence’ before the Lady Justice. Some of the cases are being postponed either because the Judges have recused themselves for personal reasons or owing to some legal point. How will this be seen by a foreign observer?

US Government’s possible concerns/Statute of Limitations/Prescription

There have been some media reports that outgoing US Ambassador AtulKeshap has had a meeting with the Former President Mahinda Rajapaksa at which the Ambassador has expressed his displeasure over GR contesting the Election. Here the issue is GR is not an ordinary US citizen with a clean track record in public life. An ordinary US citizen could renounce his citizenship either to get married to someone in another country or for some personal reasons.

In the case of GR, he is renouncing his citizenship to become the President of Sri Lanka who would enjoy the Head of State Immunity for five hears. During this five-year term, GR would enjoy the Head of State Immunity hence he cannot be brought before a court of law either in Sri Lanka or in the United States. The cases pending against him in Sri Lanka would have to be jettisoned for five years.

Let’s assume for a moment, if he has committed a tax offence or any other offence in the US, the US prosecutors will not be able to lead evidence against him for five years. Yet another assumption – if GR is sure of his presidential bid he could even purposely circumvent the US law and remain ensconced under Head of State Immunity. The writer has not looked into the US law on prescription, the time frame within which an action could be brought against a person. E

Even if GR renounces his US citizenship, and if Presidential bid fails, the US laws would still apply to him because the US has laws that have ‘extraterritorial reach’ irrespective of the nationality. The US laws have undergone radical reforms in the wake of the 9/11 incident. This includes criminal laws, powers of investigations, securities laws where prosecutions have been initiated on the basis of the extraterritorial reach of these laws. The US law enforcement authorities have often resorted to kidnapping suspects wanted for criminal investigations from foreign countries and brought them before US courts.

However US law enforcement authorities would not be able to touch GR once he has become the President of Sri Lanka on any violations of US law, if the evidence of which are unearthed only after he has become the President. This proves that GR’s presidential bid would surely be a dilemma for the US Government. The Head of State enjoys absolute immunity. He can even attend UN General Assembly without any fear of being arrested because Heads of State visiting New York are protected by a separate Immunity under United Nations Headquarters agreement with United States and UN Headquarters District in New York is inviolable for visiting Heads of State.

Assume for a moment, if GR wins his second term, he would enjoy Head of State Immunity for yet another five years by which time, he will have spent 10 years in power and would have skirted the prescription law. However ‘statute of limitation’ does not apply to crimes such as genocide, crimes against humanity, and war crimes. That will continue to haunt him even after 10 years.

According to Rome Statute of International Criminal Court (ICC), it does not recognise the statute of limitations. Sri Lanka has not signed the Rome statutes hence it has no bearing. The US too has not ratified the Rome Statute hence the US nationals are prevented from being prosecuted at ICC. Given the above scenarios, it would be highly unlikely that the US Government would grant GR a procedural consideration for his application to renounce the US citizenship which an ordinary citizen would undergo.

The state department’s official position on renouncing citizenship by those who seek a public office in a foreign country states that ‘certain policy level positions may be inherently incompatible with retaining US nationality. Cases of this nature generally involve heads of state or foreign ministers. Except with respect to these positions, the Department will not typically consider employment in a policy-level position to lead to loss of nationality if the individual says that he or she did not intend to lose their US nationality and if the individual’s actions were consistent with the retention of US nationality.

Actions consistent with the retention of US nationality include, but are not limited to, travel on a US passport, voting in US elections, payment of US taxes, maintenance of a residence in the United States, etc. In any event each policy-level position case is fully evaluated on a ‘case-by-case basis’. So the criteria that defines ‘case-by-case basis’ is an administrative matter for the Department of State.

Will he grant a blanket Amnesty to security forces personnel?

What would be the situation if GR grants Amnesty to all the security forces personnel including himself through an enabling law/a special clause which will shut the door for a domestic war crimes inquiry? This will have far-reaching political appeal to the majority Sinhalese as a rallying point and would compel them to save the security forces personnel from being persecuted abroad.

How will this be seen by international community? Will this precipitate an international crisis over which Sri Lanka will receive a whacking at Geneva? Will the Separatist lobby have a feast in Geneva? Will Sri Lanka be hounded overseas under GR leadership once again? Will the image of Sri Lanka be tarnished once again? Will GR be able to manage the unfolding scenario overseas? Will GR be able to visit overseas countries with ease?

If GR grants a blanket Amnesty, there will be other repercussions, the scholarships, overseas military training for armed forces and UN assignments for security forces personnel would be in jeopardy as international community would not sit idle by and would surely mount a campaign against Sri Lanka. The nature and the ferocity of such a campaign cannot be fathomed. It would be pertinent to remember the incident surrounding Mahinda Rajapaksa’s hiatus at Oxford Union, where he could not deliver the speech due to protest from pro-separatist lobby and the UK Government’s inability to provide security. Will there be similar occurrences targeting Rajapaksa family members whenever they visit overseas?

Though China and Russia would support Sri Lanka, it would be highly unlikely that India would support Sri Lanka given the current global power alignments. Will GR be able to govern the country only with the help of Russia and China without India being in the equation? Since there is an increased Chinese economic and strategic footprint in Sri Lanka, any undue tilt towards China, for further funds and other infrastructure projects, would cause yet another foreign policy dilemma for any GR-led government.

Basil must necessarily be the Foreign Minister – Congo precedent
Since GR faction is formed mainly of parties and personalities who have had nationalistic sentiments, any concessions to resolve the ethnic problem in Sri Lanka would be an uphill task. The overseas situation would remain so with threats to arrest regime actors under ‘universal jurisdiction’. The outgoing UN High Commissioner for Human Rights, Prince Zeid Al-Hussein emphasised that if there is no progress in accountability and transitional justice in Sri Lanka he would encourage Member States to explore the use of ‘universal jurisdiction’.

If foreign countries resort to exercising the ‘universal jurisdiction’ it would hamper the free movement of our brave security forces personnel who did a splendid service of defeating terrorism. The pro-separatist lobby would invoke the ‘universal jurisdiction’ to GR family members hence Basil Rajapaksa must necessarily hold the Minister of Foreign Affairs position, so that he could enjoy the absolute immunity – yet again this will have an impact on the BR’s US passport as stated above.

The customary international law determines the immunity of the Minister of Foreign Affairs. The immunity is granted to ensure the effective performance of his/her functions on behalf of the State of Sri Lanka. The functions of the Foreign Minister require frequent travel to other countries. The international law recognises him as a representative of the State solely by virtue of his office. The functions of a Foreign Minister are such that as long as he remains the Foreign Minister he enjoys absolute immunity from criminal jurisdiction and inviolability when he is abroad. This is now a settled matter in international law after Congo challenged Belgium at the International Court of Justice in The Hague.(Ref; Arrest Warrant of 11 April 2000, Democratic Republic of Congo vs. Belgium, decision rendered in 2002)

SLPP has not articulated its political position vis-à-vis ethnic issue
The SLPP has carefully avoided discussing any matter on how they would resolve the ethnic issue. The only plank on which they intend to ride the wave is on the Bond Scam and demonising the incumbent Government through sustained media attacks. There has not been any serious discussion with the political parties representing the Tamil community. Almost all the arguments are against a new constitution being adopted and near zero attitudes to reconciliation.

The SLPP is also fielding public figures who conduct regular media conference are ideologically ‘nationalistic’ hence with these type of individuals, it is highly unlikely that any concessions to ethnic issues could be expected. The country’s ethnic issue has become very polarised and more visible when the extreme views are manifested in the north and the same in the south.

Given the above scenarios, the choice of the Presidential candidate from SLPP must be a carefully thought through.

The country would be ungovernable if the right choice is not made in keeping with the requirement to ensure that Sri Lanka maintains foreign relations with all the countries. The incumbent Government has somehow managed to maintain that balance. Its achievements must not be reversed for narrow political gains. The call for a War Crimes Inquiry has to a great extent diluted since the incumbent Government took the reins of power. Will the separatist lobby intensify the fight against Sri Lanka politically which they could not do militarily? Will the West, if antagonised by domestic politics, review the ban on LTTE?

This game must be played very carefully not through emotional outbursts but through soft power in London, Brussels and Washington. Former President Mahinda Rajapaksa has made a public statement that he would not mind if war veterans are prosecuted for crimes which have no connections with war such as rape. At long last he has realised the importance of upholding the rule of law. However to win Tamil votes a clear message must be conveyed to the war-battered Tamil community that SLPP would support a new Constitution that would guarantee their dignity which would be on par with other communities. Let there be peace and harmony in this blessed land.

(The writer is a political commentator and holds an LL.M in International Commercial Law and a Post Graduate Diploma in Diplomacy and World Affairs.)

Australian teacher named one of the top 10 educators in the world

A teacher from Sydney’s western suburbs has just been named one of the top 10 educators in the world.

BY CLAUDIA FARHART-Feb 21, 2019

Tamil Sri Lankan-born Australian Yasodai Selvakumaran has been named a finalist for the $1 million Global Teacher Prize.

Australian actor Hugh Jackman did the honours, announcing the list of 10 from a field of 10,000 applicants spanning 179 countries.

The actor known for his role as Wolverine in X-Men said teachers are “the real superheroes…the ones that change the world.”

Yasodai Selvakumaran - fondly known as Ms Selva to her humanities students at Rooty Hill High School - has made the final shortlist for the 2019 Global Teaching Prize.

More than 10,000 teachers from around the world were nominated, but Ms Selvakumaran was the only Australian to make the top 10.

At a school where more than half the students come from culturally and linguistically diverse backgrounds, Ms Selvakumaran said inclusive teaching is vital.

Yasodai Selvakumaran says if she wins the prize she would spearhead efforts to improve collaboration between academia and practitioners in education.

Supplied

“Something I really strive for with my students is for them to understand they have a place in the world and to help them find their voice,” she said.

“That’s why it’s so important to teach the humanities, and it’s so important for students to see that Australia is multicultural and they do belong here.”

Ms Selvakumaran is not the first Australian to make it this far, with Sydney maths teacher and YouTube sensation Eddie Woo getting to the same stage last year.

This year, Ms Selvakumaran’s fellow top 10 teachers hail from all around the globe, with educators from Japan, Brazil, India, Georgia, The Netherlands, the UK, and the USA also making the final cut.

Yasodai Selvakumaran grew up in rural and regional Australia before moving to Sydney to complete university study.

Yasodai Selvakumaran grew up in rural Australia before moving to Sydney to complete university study.

Supplied

The winner will take home $1 million in prize money to use towards an innovative education project of their choice.

Born in Sri Lanka, Ms Selvakumaran’s Tamil family moved to Australia when she was 10 months old and quickly settled in the western NSW town of Hay.

She said the motivation to become a teacher was inspired by the high value placed on education in her family and community.

“I’ve always come from a family that values education above everything, so when I told my parents I wanted to go into teaching, they were thrilled,” she said.

“I knew it wasn’t just about teaching for me. It was about pursuing history and promoting that all stories are important.”

Ms Selvakumaran’s Tamil family moved to Australia when she was 10 months old.

AAP

The head teacher of Humanities at Rooty Hill High, Thelma Vuki, said it is her ability to connect with students from all backgrounds that makes Ms Selvakumaran unique.

“More than 50 per cent of our students are from non-English speaking backgrounds, so her ability to connect with these students and use examples from their context is what sets her apart as a teacher,” Ms Vuki said.

“Here at Rooty Hill, even though we’re in Western Sydney, we project ourselves as innovative and as a school that tries to be the best it can be.”

Ms Selvakumaran will travel to Dubai in March where she will meet her fellow nominees and learn who is crowned the winner of this year’s Global Teaching Prize.

The Battle for 19 is struggle for Democracy

February 22, 2019, 9:23 pm

Nineteen is the last of the teen years, and many think that moving to 19 was still being a teenager and not an adult.One had to hit 20/21 for that.

We are caught in a different number issue. Today, 19 is the stuff of crooked political debate. Those who were most active in supporting the move to 19 from 18, in the Constitution, are showing they wish to take a huge step back.

Yes…back to 18. The fight is led by movers of the two amendments to the Constitution, Mahinda Rajapaksa who removed 17 and brought 18, and Maithripala Sirisena, who brought 19 as a pledge given to the people.

Those who worry about being 19, a gap year in life before hitting the responsibilities of adulthood, also know there is no turning back. But it is different with our fight against 19.

What is being promoted, without being said, is to move from the progressive milestone of 19 to the millstone of 18. Take a huge stride back in democracy from the 19th Amendment to the 18th Amendment; a move to restore the autocracy of the Mahinda Rajapaksa Regime.

To the leaders ageing in their sixties and seventies from Polonnaruwa and Hambantota, and their supporters, it is good to give a reminder of what Maithripala Sirisena said when he presented the first copy of his manifesto at the Viharamahadevi Park on December 19 2014. With elections just three weeks away he pledged to scrap the 18th Amendment to the Constitution, and hold parliamentary elections under the terms of the amended Constitution, within three months of being elected.

We do recall how the power supply to the Viharamahadevi Park was interrupted while Sirisena was giving this speech; how he spoke without a microphone, and also that he presented his manifesto to the Ven. Maduluwawe Sobitha Thera, who then led the National Movement for Social Justice.

Recalling such history is of value, because one must know why he pledged to rescind the Rajapaksa Special 18 A – which MR brought in by rescinding the 17th Amendment that had many democratic features; not the stuff for the Rajapaksa Autocracy.

The 18A removed the two-term limit for the Executive Presidency, which was a democratic thinking of JRJ. The result of such removal is seen today in many African countries, where presidents remain in power for two or three decades. It was the constitutional line of support for family dominance and the continuance of the crooked in power, with little chance for the voice of the people.

It also provided for the appointment of special commissions for the Police, Public Service and key administrative institutions that did not even have an image of independence, but total control by the President. That was the ‘democracy’ the people of Sri Lanka was trapped in, and paved the way for the campaign for renewed democracy and lively social justice, which saw the election of Maithripala Sirisena.

Today’s fight against 19A – with all its wider democratic actions, although with many shortcomings too because of political reality – is the battle to restore the autocracy of the Rajapaksas.

We have heard MR say the removal of the two term presidency was to ensure stability in government, because with the dawn of the second term the thinking was about a successor and not wider national issues. He is silent about not having a three-term limit. The world has seen such changes rapidly move to the enthronement of crooked families.

The attack on the 19A, also targets the Constitutional Council with unstated concerns about the failure to manipulate the judiciary of the country. The seven-judge verdict of the Supreme Court against the dissolution of parliament by President Sirisena, and the necessity for the ‘coup Rajapaksa’ Cabinet to move out, are the key causes of this attack on the CC. There have been many vague and even direct criticisms of the present independent judiciary by the Rajapaksas and Sirisena too.

Let us not forget that Sirisena was a silent supporter of the Rajapaksa move to remove Chief Justice Shirani Bandaranayake, with all others in the SLFP and UPFA, too. The magnetism of such non-democracy keeps emerging among those who are loudly verbal about democracy, but are actually supportive of autocracy and political dominance.

The fight against 19A is the key political battle in the coming months. It will see the advance of corrupt politics against the values and institutions of democracy. The limited democracy we have retained through the past 71 years is no joy to the promoters of autocracy and dictatorship, especially with the continuance of family dominance over the country and the people.

The forces of democracy lined up in our society, in trade unions, civil society, social organizations, even genuine religious movements, will have to line up in the coming months in the fight to preserve the 19A, and also move to the 20A - a wider democracy with the complete abolition of the Executive Presidency,

The people must recall and revive the promises by Maithripala Sirisena at the Viharamahadevi Park five years ago, and rekindle the hopes given by the late Ven. Maduluwawe Sobitha Thera.

The Battle for 19 is the struggle for Democracy.

Protecting Wetlands & Addressing Climate Change

By Malintha Halkewela –FEBRUARY 21, 2019

Malintha Halkewela

Human civilizations have grown and thrived in river valleys and coastal plains with abundant wetlands for thousands of years. These wetland systems, with their rich natural resources, have been critical to the development and survival of humanity and are part of our natural wealth. Wetlands exist in every country and in every climatic zone, from the polar regions to the tropics, and from high altitudes to dry regions. They are places where the land is covered by water, either salt, fresh or somewhere in between, including marshes and ponds, the edge of a lake or ocean, the delta at the mouth of a river or low-lying areas that frequently flood. Wetland ecosystems include mangroves, peatlands and marshes, rivers and lakes, deltas, floodplains and flooded forests, rice-fields, and even coral reefs.

Wetlands, a Lifeline for All Beings

The scientific community estimates that wetlands cover 6% of the world’s land surface with mangroves covering some 15.2 million hectares and coral reefs are estimated to cover 60 million hectares. Further reach indicates that wetland ecosystems contain about 12% of the global carbon pool, playing an important role in the global carbon cycle. Important wetland functions include water storage, groundwater recharge, storm protection, flood mitigation, shoreline stabilization, erosion control, and retention of carbon, nutrients, sediments and pollutants. Wetlands also produce goods that have a significant economic value such as clean water, fisheries, timber, peat, wildlife resources and tourism opportunities.

In Sri Lanka, wetlands have been a lifeline for both humans and animals for well over two thousand years. Sri Lankan ecosystems include a variety of wetlands including inland natural freshwater wetlands, numerous lakes, marshes, streams, swamp forests and villus as well as marine and salt water wetlands such as lagoons, estuaries, mangroves, seagrass beds, and coral reefs and man-made wetlands. Bundala, Anaiwilundawa and Maduganga wetlands are renowned worldwide for their unique biodiversity.

Threats of Climate Change

Climate change is recognized as a major threat to the survival of species and integrity of ecosystems worldwide. Scientific data predicts the ecological and hydrological impacts expected to result from climate change have increased considerably over the past decade. Potential climate change impacts on wetlands are likely to be caused through changes in hydrology, direct and indirect effects of changing temperatures, and changing land use patterns.

Hydrologic impacts due to climate change may range from sea level rise and salt water intrusion to increased inundation on a seasonal or annual basis and loss of soil moisture due to drying or drought. As wetlands move nutrients, pollutants and sediments from land to water, decreasing water flows due to drought will cause these substances to accumulate in the wetlands and seriously endanger animal and plant life. As water levels decrease it would also increase the exposure of wetland sediment and increase the concentration of salt in the soil. In drier areas it will decrease the movement of water from regions of higher potential to regions of lower potential, overall restraining the ability of plant life to take up water from the soil. The concentration of other toxics in the soil may also increase and cause problems to both plants and animals due to the increased rates of evapotranspiration.

As our planet becomes warmer, in general, biological productivity increases with temperature. Most aquatic birds in coastal areas depend upon seasonal flood pulses and gradual water reduction. Changes in the timing and severity of this flood pulse due to climate change will affect the availability of safe breeding sites for birds and amphibians, causing some wetland species to move away from their natural habitats and paving the way for extinction.