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

Sunday, February 24, 2019

High Time For Sri Lanka To Investigate Well-Known Alleged Perpetrators Of Torture: ITJP


If Sri Lanka is serious about tackling ongoing torture it needs to suspend and investigate a number of well known security officials named in United Nations reports in connection with torture. Vague assertions by successive Sri Lankan Governments of a “zero tolerance” policy for torture are meaningless in the light of multiple reports of past and ongoing torture and the impunity for those named in a number of reports as alleged torturers. 
The ITJP has identified the names of 47 alleged perpetrators of extremely brutal torture in one security unit alone, not to mention a number of alleged rapists of Tamil detainees in the Sri Lankan Army (including one recently training abroad) and perpetrators of torture in the Sri Lankan Navy. One alleged perpetrator of torture is currently posted in an overseas embassy, while two others have been living in Australia recently.   
“If we sitting abroad can collect such a huge body of evidence, think what could be achieved by a credible team inside the country with appropriate investigative  powers reporting to an independent authority.  From the outset we offered to help this Government establish an independent international investigative unit, such as the one in Guatemala, but we never heard back from them. It’s crucial to dismantle these entrenched structures of repression otherwise the broken brutalised victims just keep increasing in number,” said the ITJP’s executive director, Yasmin Sooka. 
Torture Continues
The latest report of continuing torture by the police and army in Sri Lanka comes from the UK’s main rehabilitation charity, Freedom From Torture based on 16 victims alleging torture between 2015-17. The ITJP has previously documented 76 very similar cases from 2015-17.  In 2017 the Associated Press news agency released a major investigation into ongoing torture and male rape based on 20 interviews with victims and 32 medical reports. 
“The UN report on Sri Lanka described systematic torture by the security forces and said sexual violence was part of “an institutional policy”. Illegal detention and torture doesn’t just go away with a few prison visits – the alleged perpetrators and commanders need to be suspended, investigated and prosecuted,” said Ms. Sooka.  
Immediate Steps
The ITJP believes if Sri Lanka is serious about preventing torture, the following well-known individuals, among many others, should be suspended and investigated immediately: 
1. Nandana Munasinghe: The UN Special Rapportuer on Torture Manfred Nowak in 2007 called for him (and other named officers of TID) to be promptly investigated in connection with police torture. Instead he has been repeatedly promoted and is now a Senior DIG. In 2016, astonishingly he was appointed to the body for witness protection in Sri Lanka and in 2017 put in charge of investigating an attempted white van abduction. 
2. Sisira Mendis: He is named in the 2015 OHCHR report as being in charge of the “fourth floor” – the most notorious torture site in Sri Lankam where among others a number of prominent journalistswere detained and tortured. Mr. Mendis was brought out of retirement by the coalition government and appointed as director of the Centre for National Intelligence in the Ministry of Defence and sent to Geneva as part of the Government’s delegation to the UN Committee Against Torture. Felice Gaer of the UN Committee told the New York Times “He was the person with command responsibility over the most notorious center for abuse in the country just at the end of the civil war, at a time when so many of the horrendous things happened”. Sri Lanka has yet to answer formal questions from the UN Committee about the role of Mr. Mendis. 

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Batticaloa residents condemn PTA and CTA

190222 Batticaloa protest PTA CTA EA 6.jpg

 23 February 2019
Locals in Batticaloa yesterday held a demonstration condemning Sri Lanka's current anti-terror legislation, the Prevention of Terrorism Act (PTA) and the proposed Counter Terrorism Act (CTA)

Protesters condemned both Acts as the 'death of democratic dissent' and accused the state of using such laws to crackdown on legitimate opposition. 
"CTA and PTA legalises state terrors" and "CTA creates a permanent state of emergency" read banners. 
 


19th Amendment, one more stage act in a long running political drama



The admixture of sanctimony and sheer hypocrisy in the condemnation of Sri Lanka’s Constitutional Council (CC) and the 19thAmendment to the Constitution by President Maithripala Sirisena and former President Mahinda Rajapaksa in Parliament this week is unmistakable.
The Sunday Times Sri Lanka
President Sirisena’s likening of the 19th Amendment to a ‘legitimate child’ born under his authority who was thereafter deformed and abused (presumably) by his warring erstwhile coalition partner, Prime Minister Ranil Wickremesinghe’s United National Party, is deplorable, both in language and in content.

Focusing on unpalatable truths

The 19th Amendment is not a ‘legitimate’ or an ‘illegitimate’, (pejorative terms that have gone out of modern legal usage by the way), child. Rather, it is a ‘political child’, created in a moment of extreme constitutional stress. Undoubtedly flawed in various respects, it was a necessary step in moving away from the reprehensible inequities of the 18th Amendment.

That said, the fact that the 19th Amendment could not have been a better bulwark to political power despite a conducive environment post January 2015, speaks to many unpalatable truths. First, it testifies to the poverty of the political class which, inclusive of the UNP, did not want a stronger constitutional challenge to its authority through the prism of a stubbornly independent CC having a majority of civil society members in line with its predecessor under the 17th Amendment. Citation of objections put forward by politicians belonging to the Sri Lanka Freedom Party and affiliates to this proposal does not suffice to excuse the ‘yahapalanaya’ coalition of its responsibility to ensure this, at the time.

Second, this speaks also to the shortsightedness of ‘yahapalanaya’ supporters, seduced by being ‘welcomed back’ to the inner circles of the Government after the long Rajapaksa drought and willing therefore to overlook many warning signals. Quite apart from the content of the 19th Amendment, it could have been worked in a much more strategic manner, in the minimum, to prevent the current storm that has arisen over the criteria that it uses to recommend individuals to high public office. If a vigilant civil society had demanded and insisted that these standards are observed, perhaps we would not be in this state where the Constitution is subjected to a full frontal attack.

Reasons why we are in this plight

So in these weeks of ceaseless acrimony directed rightfully against a sitting President and a former President for transparently trying to do indirectly (through undermining the Constitution) what they could not do directly (the events of October 26th 2018), it is very important to remember the reasons as to why we are in this plight presently. For example, it is difficult to ignore the President’s annoyance on the floor of the House regarding the manifest unsuitability of the Inspector General of Police (recommended by the CC to be appointed at the time) to hold office.

That happens to be true and must be conceded as such even though this Presidential criticism may well be an artful device to give legitimacy to an overall attack on appointments to the judiciary and the National Human Rights Commission which must be castigated in the strongest possible terms. While the IGP’s appointment was clearly problematic, the failure of the Government to do anything about his highly erratic conduct in office was even more so.

These are factors that support the cynical argument peddled by the Rajapaksa led ‘pohottuwa’ (flower bud) party that, having the CC in place is of no practical use. As former President Mahinda Rajapaksa proclaimed brazenly a few days ago, the CC cannot be ‘independent’ given that it has politicians as part of its composition. So the final result of this Rajapaksa logic is that, even if a President or Prime Minister appoints with political authority unfettered by a CC, it will be the same as a CC dominated by politicians.

Making sure institutions work

This coordinated pincer movement by both politicians on the CC and the 19th Amendment is in the context of critical appointments being made to the superior courts, including the potential appointment of the next Chief Justice of Sri Lanka. So we must make no mistake in understanding the deadly seriousness of the political rhetoric that we hear now. These are attempts to reverse the constitutional clock that must be resisted with strength.

However, when ordinary people actually see institutions and/or high public officers malfunctioning or acting to political agendas as the example of the IGP well demonstrates,  it only buttresses such critiques. So apart from issuing flowery press statements or expostulating in Parliament on how magnificent the 19th Amendment is, it would serve UNP seniors better if they spent more time on the nuts and bolts of making good institutions work.

The fact of the matter is that, there are many things wrong regarding the functioning of seemingly independent constitutional institutions, the tussle between the IGP and the National Police Commission being just one. These ills cannot be cured by a visit to the office of the Speaker like naughty children being summoned to the principal’s office. Calculated institutional reforms are needed.

Illusionary to expect politicians to give up power

But it would be illusionary to think that politicians want institutions to check their power. Our history illustrates that in no uncertain terms. Under the 17th Amendment, a distinctly more robust Constitutional Council was undermined by far less open hostility. Indeed, the subversion of the constitutional standard was so covert and stealthy that it went virtually unnoticed. At that time, former President Chandrika Kumaratunga who assumed the ‘yahapalanaya’ (good governance) mantle with ease in 2015 to the delight of her cheering supporters, refused to appoint a nominee of the CC then including jurists of no mean repute, as the Chairman to the Elections Commission (EC).

The other new independent National Police Commission (NPC) was hampered at every turn by politicians who took umbrage at its efforts to prevent political transfers of police officers prior to elections. As much as the National Human Rights Commission is being attacked now, it was the NPC that was attacked then. The reason for this was the NPC’s decision to interdict police officers indicted for torture and its forthright interventions into the political command of the Police Department.

 Astonishingly, government politicians proposed that the IGP should form part of the NPC despite the fact that this would obviously negate its independent character.

These were only precursors to a far more serious attack on the Constitution in the Rajapaksa years. But it is useful to recall that the undermining of the 17th Amendment took place long before that.

That happened by consensus of the political establishment. No party or political leader can shrug off his or her responsibility in regard to the same.

The present fracas unfolding on the 19th Amendment and the CC is just one more stage act of the same drama.

Need for multi-partisan approaches in resolving problems 


article_image

By Laksiri Fernando-

Many countries and their leaders are like crabs in boiling water without realizing the impending disasters. Sri Lanka is no exception. While the global warming, the pollution of rivers and seas, and the degradation of arable land are continuing, the leaders and their political parties are indulging in confrontational politics without offering or finding solutions to these or other related social problems.

What are the other or connected social problems? Increasing income gaps between the rich and the poor, continued extreme poverty worldwide, and neglect of the poor in public policies stand prominent in the world and in Sri Lanka.

Indicators of Neglect and Disaster

Let us gather some relative perspectives. The human induced global warming index has increased from 0.2 to 1.0 percent between 1980 and 2017, compared to 1860 as the base line or zero. This means an increase of five times in less than forty years. Air pollution index in Colombo is still moderate (89) compared to many other cities. However it is rapidly rising. In Mumbai it is 199. There are serious possibilities of the ecosystem collapsing.

The poverty estimates both internationally and in Sri Lanka are distrustful due to political and economic influences. The World Bank and others argue that absolute poverty has decreased during this period, because they want to protect a particular kind of economic policies worldwide which appear to be the basic cause of many of these problems. Poverty is relative and relative to the rich. According to the World Inequality Report (2018) "inequality has increased worldwide despite substantial geographical differences, with the richest 1% twice as wealthy as the poorest 50%."

It is heartening to note that school children in many countries have come forward asking the ‘old’ and the political leaders to protect the environment. ‘Don’t burn our future’ is one of their slogans. This is in contrast to the elected MP’s in many parliaments who are inactive or sceptical about the problem. This month showed thousands and thousands of school children in the UK come out of their classes to protest peacefully.

This is something that even the Sri Lankan school students could resort to. They may not have the vote yet, but they have a voice to express. They also could combine their voices against global warming with their concerns about poverty in the country. Democratization of the economy could be a slogan. Children are the best to understand humanitarian issues where the old generations have failed.

Confrontational Politics

Confrontational politics have become a global menace. The trade war between the US and China is threatening the world economy with disastrous consequences. Australia is also caught up unnecessarily in between. While the world economy is already not going in the right direction, if there is another recession there could be disastrous implications for both the poor and the rich. Climate change will be further neglected.

Talks between the leaders are not sufficient. Solutions are the most important. If there are concerns about ‘technology theft’ those should be sorted out. However, the claims or accusations should not be levelled against each other without evidence. Why not countries share and exchange technology without inhibition to serve the global people? There are many slogans about the globe or the global. But when it comes to the ‘global poor,’ they are roundly neglected.

The President and the Congress in the US are at loggerheads without being able to sort out a question of a border wall. Such a wall is already there in some parts of the border. Who built that wall? Strong walls are not good between countries. However, one should not oppose policies, just because the other is proposing. As a result of the conflict, there was a ‘government shutdown’ and nearly a million of workers were without their pay cheques for over a month.

The oldest Parliament in the world in UK is in chaos without being able to agree upon a deal to leave their EU partners. The Prime Minister and the Leader of the Opposition are at loggerheads. This has been dragging on now for over three months. In the meanwhile, the European Council President has ‘condemned the Brexiteers to hell’! That is how they conduct negotiations. There is no agreement or consensus within political parties on the issue. They are not discussing matters in Parliament but shouting at each other. Some disgruntled MPs have resigned from both Labour and the Conservative Parties to be independent MPs. This is a new trend going on in Australia as well.

The above are only some instances of confrontational politics hampering the respective countries and the world at large. More violent confrontations can be seen on the issues of the Israel-Palestine question, the Middle East in general, and now on the question of Venezuela etc.

Situation in Sri Lanka

Although the people have hoped for a new era in Sri Lanka after the January 2015 change, that has not happened or not happened as hoped. It is true that all reasons cannot be attributed to confrontational politics. But most of them are related to power and other confrontations at the leadership level, political party level, community level or even grassroots level of the people. People’s mindsets are also confrontational given the existing political culture and social ethos.

It is true that Sri Lanka is still a poor country, the debt burden is high, most of the infrastructural conditions are underdeveloped and there are adverse international influences. The latter however is largely a part of what we have identified as confrontational politics at the international level.

To outline some of the confrontations that hamper Sri Lanka’s progress, the breakdown of communication between the President and the Prime Minister stand as the most crucial and tragic. The national government that was formed had terribly failed to develop bipartisan approaches to resolve the country’s economic, constitutional, ethnic and foreign policy problems to name the most crucial. All talk about ‘democracy,’ but not democracy in the economy.

Although the 19th Amendment managed to obtain a near unanimity in Parliament, the current developments reveal that it was an illusion. Either the present confrontations are due to the differences between the law and practice, or the MPs supporting that Amendment without much commitment or awareness. This is not a question about the MPs alone, but about the President himself. An independent assessment also shows that there has been some constitutional cheating behind the 19th Amendment. Therefore, it is no surprise why the government failed to forge necessary consensus for a new constitution.

Most dramatic was the change of President’s apparent allegiance from the UNF government to the Joint Opposition in October 2018. JO was not the official opposition at that time, but the actual opposition which was denied its due status. That was part of confrontational politics and denial of democracy.

If the President had decided to be above the confrontations between the government and the opposition, and dissolved the Parliament on that basis, there was much rationale in it whatever the 19th Amendment says about the possibility. Because a major deviation from democracy on the part of the UNF government has been not holding elections in due time.

During the last four years, the government has largely exhausted its potential. The inclusion of a fixed term in the 19th Amendment without people’s knowledge or consent also appears some cheating. It is still not too late for the President to play a mediating role in promoting multi-partisan approaches in politics, if he is willing and committed.

Scientific Governance?

There is much merit or novelty in what Champika Ranawaka has advocated as ‘scientific governance.’ It is still not clear what he has fully meant by it. There is no clear proposal for it yet. However, the sounding of it is attractive and the general line of thinking may be appreciated. Perhaps he is asking the government to utilize more and more science and technology in the administration of government or governance.

However, as he has invited the TNA or the TNA MP, Sumanthiran to join the government, it has more merit. It is important that this invitation has come from the JHU. The question is why he was too late in this invitation? Ranawaka relates this invitation to the necessary development work in the North. However, this invitation or the cooperation of the northern Tamil parties are important in resolving the most excruciating national questions of the country. The need for a new constitution also hinges on this matter. This is also part of what I am talking about as the need for multi-partisan approaches in resolving problems.

Can politics be considered a science? At present the claim is limited to the study of politics, yet with enormous deformities. Most deformities come from ‘political scientists’ themselves being part of partisan struggles or affiliations. I am not referring to necessary policy or political advocacy. At present, politics is more of a power struggle. Changing that ‘power’ component from politics is not an easy task. Promotion of multi-partisan approaches in resolving urgent and pressing problems can be a start.

It is too ideal to think that the present day politicians would forget their animosities and work on completely multi-partisan manner on all issues in the future. However, it is worth forcing them to do so. Some of the immediate issues that they could resolve on that basis are: (1) holding of elections for provincial councils without delay, (2) resolving the disputes over the Constitutional Council and Independent Commissions and (3) the questions related to the abolition of the executive presidential system. If they can agree upon holding parliamentary elections without much delay, it might be the best for the country.

If the political leaders and their archaic parties fail to resolve the pressing problems of the country on a multi-partisan manner, it is high time that the people get together disregarding their ethnic, religious, caste, gender and other differences and overthrow the present rotten lot. This is becoming a priority in Sri Lanka and in other countries as well.

http://www.dailynews.lk/2019/02/22/business/178200/three-major-policy-priorities-rebuild-economy

Time for tough action



Editorial-Monday, February 25, 2019

Parliament is often referred to as an August Assembly, a sort of hallowed ground where a country’s lawmakers gather to debate crucial issues and pass laws that directly affect the lives of the people who elect them. There is ample room here for heated exchanges of words and ideas because it is a forum for expressing diverse opinions. It is through such a dialogue that a consensus or a majority opinion emerges, which finally becomes law.

It is generally understood that all this is done in line with a strict code of conduct that is partly governed by Standing Orders and partly by moral and ethical considerations. Members of Parliament are regarded as an example for lower-ranking politicians in the provincial and local bodies, especially the younger politicians aspiring to become leaders one day.

But recent events have cast a shadow over this reputation, as MPs have gone berserk in the Chamber even in the presence of schoolchildren and the general public. Many of these sordid acts took place in the 51 days of anarchy when a “government” helmed by the former President was in power. From throwing chili powder in the faces of political opponents to breaking down the expensive microphones in the Chamber, these offences are too numerous to mention individually. The errant MPs showed absolutely no respect to the Chair and Parliamentary traditions.

But the MPs who committed these offences did not perhaps think of one thing – the power of live television. The whole country saw the unruly and violent behaviour of these MPs, who got further negative publicity when the TV networks aired the clips repeatedly during news broadcasts. Predictably, there was a backlash against the MPs from the media and the wider society. Disgusted voters naturally felt betrayed by the deplorable behaviour of the representatives they had sent to Parliament.

This resulted in an outcry for a proper investigation into these incidents that would forever be a black mark in the history of local politics and the appointment of a Parliamentary Committee to probe them. If the offending MPs thought that they could seek cover behind the cloak of Parliamentary Privileges and get away scot-free, they are sadly mistaken because the Committee that investigated the unruly incidents in the Chamber on November 14, 15 and 16 has observed that the immunities and privileges of MPs do not obstruct taking legal action against the MPs’ misbehaviour in the House.

The report of the six-member committee chaired by Deputy Speaker Ananda Kumarasiri had recommended taking action against 59 MPs (54 UPFA MPs, four UNP MPs and one JVP MP) who were found to have misbehaved in the Chamber. Senior Deputy Solicitor General Rohantha Abeysuriya who represented the Attorney General’s Department had told the Committee that either Parliament or the Supreme Court could impose punishment on the offenders. The maximum punishment that Parliament can impose is the suspension of the Parliamentary service, while only the Supreme Court can impose harsher penalties.

The Committee in the report has emphasized the need to expeditiously continue investigations conducted by the CID and thereafter institute judicial proceedings upon the advice of the Attorney General.

“Activities such as approaching the Speaker’s chair, accusing and intimidating the Speaker are not in conformity with the ‘Gentlemanly Behaviour’ expected from the MPs. Throwing objects into the Speaker’s chair and damaging equipment can be considered an inestimable blemish to the reputation of Parliament, notwithstanding of the financial loss incurred. Such activities cannot be justified under any circumstances,” the report has stressed.

This is a landmark development in local politics that will have far-reaching, hopefully positive consequences. The naming and shaming of the MPs will make them and other MPs think twice about repeating such mistakes in the future. Some political leaders have floated the idea that an external body such as the Police should not be involved in probing incidents that happen in Parliament. Under the 19th Amendment, even the President’s actions can be legally challenged under certain circumstances and we therefore see no reason why normal laws of the land should not apply to ordinary MPs and Ministers. We also believe that the MPs who damaged Parliamentary property and equipment should be called on to pay for the damage out of their own pocket instead of the State dipping into public funds for same.

But this is not the only question mark hanging over the House. Just a few days ago, State Minister Ranjan Ramanayake dropped a bombshell when he said that as many as 24 MPs were in the habit of consuming illegal narcotics. This has created an uproar within and outside Parliament, with calls for a thorough investigation. Law enforcement and Parliamentary authorities must expeditiously investigate his claims. Even if partially true, it points to a dark nexus between the narcotics trade and politicians.

All these incidents point to one inescapable conclusion – we need more educated, professional young men and women in Parliament. All political parties must keep this in mind when they give nominations at the next provincial and general elections. 

Ranil Wickremesinghe (Photo | AP)

Sat, Feb 23, 2019, 10:41 pm SL Time, ColomboPage News Desk, Sri Lanka.


Feb 23, Colombo: Sri Lanka's Prime Minister Ranil Wickramasinghe says politics in a country should be based on law and democracy.
Lankapage Logo
However, certain political leaders have acted contravening the law, democracy and traditions, the Prime Minister pointed out addressing a public rally in Kantale.

The Premier said the country should be governed according to the Constitution through the independent judiciary established.

"There was time that there was no law in the country, the courts of the judiciary were undermined. These institutions were politicized," he said.

He said the 19th Amendment was created with the aim of eliminating these practices and they expected with the enactment of 19th Amendment the lawless practices would end. But now he said he sees a great danger to the democracy.

The Premier added that those who tried to destroy democracy in the past are now trying again to attack. They were encouraged by the results of the local government elections.

"We must work according to the law of the country. The police should remain independent," he said urging all to join hands to strengthen democracy.

The Premier, who visited the Kantale Thambalagamuwa Gal Pokuna Rajamaha Viharaya today, engaged in religious practices and took part in alms giving to 100 Buddhist monks.

The religious ceremony has been organized under the guidance of the Chief Monk of Gal Pokuna Rajamaha Viharaya Ven. Kantale Wimalasiri thera.

Speaking further, the Premier said total peace has been prevailing in the area and no need to even think about terrorism again. "Now we have to develop these areas," he said.

Minister P. Harrison, Deputy Minister Abdullah Maharoof, Parliamentarians Sandith Samarasinghe and Arshu Marasinghe were present on the occasion.


SRI LANKA’S EX-NAVY CHIEF KARANNAGODA FACES ARREST FOR MURDER

mage: Former navy chief, Wasantha Karannagoda in the middle.

Sri Lanka Brief23/02/2019

(/Feb 23, 2019) Former navy chief, Wasantha Karannagoda, has been accused of conspiracy to murder and made a suspect in the internationally-condemned killing of 11 young men a decade ago.

Colombo Fort Magistrate Ranga Dissanayake impounded the retired admiral’s passport on Friday after police named him the 14th suspect in the botched abductions for ransom carried out between 2008 and 2009.

The police Criminal Investigation Department (CID) told the magistrate that Karannagoda, 66, had also aided and abetted the illegal confinement of the 11 young men by navy personnel directly under him. He was also accused of concealing information as well as trying to mislead investigators.

The former admiral is accused of conspiring to commit offences under sections 296 and 338 of the Penal Code which carries death penalty on conviction. He is also accused under sections 199 and 200 relating to failure to inform about a crime and providing misleading information.

The magistrate was also told that the attorney general will indict Karannagoda and the 13 other co-accused in the high court.

CID detectives have uncovered chilling details of how men directly linked to Karannagoda carried on a lucrative “white operation” abducting children of wealthy business families and killing them after extorting money from them.

One of the naval officers had used a car from the victims and given it as a birthday gift to his wife. While investigating the abduction of the young men, the CID stumbled on another double murder of businessmen carried out by a naval unit which operated from the Welisara camp. A van stolen from those two victims had been cannibalised, but police were able to trace some of the parts.

There were reports of some navy personnel meeting with mothers of the victims and forcing them to part with their gold jewellery in exchange for the return of their children, a promise never kept.
The most chilling evidence presented to the magistrate on Friday was that Karannagoda knew about the killings, but took no action to prevent them or secure justice for the victims.

An internal naval investigation had revealed sordid details of the organised criminal activities of navy officers and men under Karannagoda who not only kept silent when he was told about the plight of five of the 11 men.

“Had admiral Karannagoda taken steps at the time he was told about the five children who had been illegally incarcerated by the navy, they could have been saved,” an investigator told the magistrate.

One of the victims, Rajiv Naaganathan, while in navy custody had been able to communicate with his parents using mobile phones of his captors till May 21, 2009. The CID found evidence that the young men had been detained in locations controlled by the then navy spokesman D. K. P. Dassanayake and Commander Sumith Ranasinghe.

Police have found evidence in respect of the abduction and murder of 11 children belonging to Sinhala, Tamil and Muslim communities, but the authorities believe many more would have been killed in similar fashion at a time when “white van” abductions were common.

Eight suspects – all navy personnel – are currently on bail and four are in remand custody. Karannagoda is most likely to join the four in remand custody, but police have failed to track him down till Saturday.

Police also investigated the background of the 11 victims and found they had no links or involvement with the separatist Tamil Tiger guerrillas and that they had been abducted by the navy purely for the purpose of extorting money from their wealthy parents. Two of the victims were Sinhalese – Kasthuriarachchi brothers from Kotahena. There were three Muslims. The tri forces — army, navy and the airforce — had in writing confirmed that the victims were in no way wanted by them.Investigators have uncovered evidence to show that the abductions were purely to extort money from the families of the young men.

The investigation has emerged as a test of the new government’s commitment to ensure accountability, according to international rights groups. They have raised the issue at several international fora, including the UN Human Rights Council.

-Second admiral involved-

Two months ago, the country highest-ranking military officer, Admiral Ravindra Wijegunaratne, was granted bail under strict conditions that he will not interfere with witnesses and investigator probing his cover up of the abductions and the murders.

He was freed on two sureties of one million each. He was also warned not to interfere with witnesses or use his official position to intimidate investigators.

Wijegunaratne had influenced the police Inspector-General Pujith Jayasundara to transfer the CID’s lead detective handing the case, Inspector Nishantha Silva, according to a letter the IGP wrote in ordering Silva’s transfer. However, following an international outcry, the transfer was cancelled and Silva was reassigned to the case.

Wijegunaratne is accused of helping the escape of Chandana Prasad Hettiarachchi, a navy intelligence officer and chief suspect in the murders. Hettiarachchi, who is separately accused of involvement in the 2006 murder of a Tamil legislator, was captured in August.

Prosecutors also told the court that Wijegunaratne and his bodyguards tried to abduct a key witness, another navy officer Lt. Commander Laksiri Galagamage, who had previously testified against him.

Karannagoda initial complainant

The case came to light in May 2009, just 10 days after the end of the war against the Tamil Tigers. Karannagoda in a letter to the then Colombo Deputy Inspector- General Anura Senanayake had complained against his own aide-de-camp L. Commander Sampath Munasinghe. That report alleged Munasinghe was suspected of involvement with “terrorists” and wanted police to investigate what had been found in his room.

Investigators found that a day before Karannagoda complained to the police against his own ADC, with whom he had a personal issue, the navy chief had been informed of the organised criminal racket navy personnel were carrying out.

Karannagoda had tried to get Sampath Munasinghe arrested while shielding the others involved in abduction, extortion and murder, the magistrate was told. Sampath Munasinghe had by then gone underground.

The police at the time had made no progress, but the case was revived after the new government came to power in January 2015. Much of the incriminating evidence had come voluntarily from navy personnel who knew about the criminal activities of their colleagues.

Sections of the Penal Code under which Karannagoda has been reported to court on Friday:
296. Whoever commits murder shall be punished with death.

338. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, constraining the person confined, or any person interested in such person, to do anything illegal or to give any information which may facilitate the commission of an offence shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to a fine.

199. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

200. Whoever knowing or having reason to believe that an offence has been gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both
The identified 11 victims:

Kasthuriarachchi John
Thyagarajah Jegan
Rajiv Naganathan
Soosaipullai Amalan
Soosaipillai Roshan
Kasthuriarachchi Anton
Prageeth Vishvanathan
Thilakeshwaran Ramalingam
Moahmed Dilan
Mohamed Saajid
Ali Anwar
The 14 accused are;
1) Sampath Nilantha Munasinghe
2) Ranasinghe Pedige Sumith Ranasinghe
3) Thilakarathnage Lakshman Udayakumara
4) Nalin Prasanna Wickremasuriya
5) Thammita Ihalaghedara Dharmadasa
6) D. K. P. Dassanayake
7) Kithsiri
8) Muthuwa Hennadige Mendis
9) Kasthuriarachchige Gamini
10) Chandana Prasad Hettiarachchi
11) Sanjeeva Prasad Dilanka Senaratne
12) Imbulana Liyanage Upul Chaminda
13) Anton Fernando
14) Wasantha Karannagoda
EN

Budget 2019 should be an innovation-inspiring budget


Finance Minister Mangala Samaraweera

logoMonday, 25 February 2019


It is the habit of every finance minister to call his budget a development budget. This is despite all budgets since around 1956 having allocated a bulk of resources – about 75% – for consumption and not for capital formation.
Even then, the monies spent on consumption had been on such unproductive expenses like expanding the public sector, bailing out loss-making public enterprises or offering unaffordable subsidies generally to people rather than extending them to deserving target groups.

The private sector chambers are not better in this game. They are also used to joining the chorus with the Finance Minister and labelling it a development budget by looking at only the selective proposals favourable to them. Minister Mangala Samaraweera should see to it that his truncated Budget covering only the balance eight-month period left over from the vote account does not fall into this pitfall.

A budget is a development budget when it has taken a medium to long term view of the economy and aligned its expenses, goals and priorities to meet the aspirations of the people. It has been the avowed goal of both Mahinda Rajapaksa and Ranil Wickremesinghe administrations to elevate Sri Lanka to the status of a rich country within a generation.

A generation in economic terms normally covers about 25 years. Thus, Rajapaksa expected to make Sri Lanka a developed country by 2035. Wickremesinghe, who took over the reins of administration in 2015, sought to attain that goal by 2040. However, the budgets that have been presented by both administrations have been opposite to the attainment of this goal. They have boosted consumption by the public sector rather than allocating resources for development.

The Budget 2019 is being presented at a time when Sri Lanka’s economy has been in a dire state. Its growth has been slowing down from 2013 to about 4.5% per annum on average. It had accumulated debt which required almost every penny the Government raises as revenue to pay annual interest and repay the maturing debt. 


The so-called development budgets had sought to resolve the debt issue by reissuing the same and thereby postponing the burden of repayment to future generations. Since the budgets also had run deficits, the new issues as well as the reissues had led to a massive accumulation of debt which Samaraweera warned would be more dangerous than a garbage dump that is like to collapse on itself. The country’s exports had been falling, the current account of the balance of payments recording deficits of high magnitudes and the rupee coming under depreciation due to depleting foreign exchange resources.

The next three years appear to have painted even a worse picture as predicted by the World Bank in its recently issued Sri Lanka Economic Update 2019. Its prediction has been that growth will further slowdown to 3.1% in 2019 before it would recover to a still low growth rate. This has been confirmed by Central Bank Governor Dr. Indrajit Coomaraswamy in a recent press conference. All in all, the country’s economic growth will not exceed 3.5% during 2019-21. This would be further exacerbated by a lack of needed foreign exchange resources to defend the rupee.

Hence, Budget 2019, in my view, should lay foundation to address this issue and push the economy back to a high growth path. As I have argued in my previous article in this series, it requires the country to change its production model from labour intensive to tech-intensive. That could be achieved by creating a critical pool of innovators initially and allowing the rest of the crowd to imitate them later. Without innovations, Sri Lanka cannot think of becoming a rich country. Thus, Budget 2019 should be an innovation inspiring budget.
Modern economies should be aptly termed innovation or creative economies

Modern economies are often called knowledge economies because they rely on knowledge for survival and sustenance. The period within which knowledge is said to have reigned the world spanned roughly for about five decades starting from the middle of the 20th century to its end. During that period, the development of knowledge creating activities, namely, education, training and learning received the highest priority in public policy making.

However, with the onset of the 21st century, the order of the world has substantially changed making knowledge a necessary but not a sufficient condition for continued prosperity of nations. In the current context, knowledge still has to lay the foundation for a nation to survive, sustain and prosper.

It has now been recognised that with knowledge, there should be two other conditions that have to be put in place for knowledge to deliver its intended promise. They are ‘innovation and creativity’ which are used interchangeably to denote the same requirement. Hence, modern economies are called ‘innovation economies’ or interchangeably, ‘creative economies’.
Knowledge that creates ‘inventions’ should be followed by ‘innovation’

It was Austrian-American economist Joseph Schumpeter who made the distinction between knowledge and application when he emphasised that inventions made by scientists and researchers should be followed by innovation by entrepreneurs. To complete the process, two other activities have to be undertaken: diffusion of that knowledge of innovation in the economic system so that there would be massive imitation of same by others.

He showed that inventions made by scientists, researchers or engineers are converted into usable goods and services by entrepreneurs by resorting to the process called innovation. Accordingly, without innovation, inventions just remain prototypes created by scientists with no benefit to society. Hence, modern economies should be properly termed ‘innovation economies’ or ‘creative economies’ and not mere ‘knowledge economies’
Inventions should be commercially harnessed 

Knowledge will enable researchers to create new things called ‘inventions’. There are thousands of such inventions made by knowledgeable people every day. Unless they made commercially viable, they just remain as prototype inventions incapable of going through an assembly line of a factory. That process, says Schumpeter, is ‘innovation’ or ‘doing things differently in the realm of economic life’. According to him, innovation leading to continuous economic growth of a country is a process and it consists of four stages.
Researchers lack capacity to use inventions commercially

The first stage in the invention is coming up with a prototype of a new product. At the time of creating these inventions, the scientist or the researcher concerned has no idea about whether they would be commercially viable. He only knows that it would change the prevailing world habits or systems.

Commercial viability comes from two other factors. One is that there should be a demand for the new product in preference to what is presently available in the market. The other is that the producers should be able to produce it at a cost that would generate him a profit when he sells it at prevailing market prices. If these two conditions are not met, the prototype invention will just remain an invention only on paper. Hence, it is the entrepreneurs who convert inventions into innovations.

A good example is the first Apple Macintosh Desk computer, created by Stephen Wozniak, being commercially produced by Steve Jobs.

The third stage is the dissemination of knowledge which Schumpeter called ‘diffusion’. Once the knowledge become public, others will soon imitate it creating a critical pool of innovators. 
Government’s role is to promote innovations 

Thus, it is not knowledge per se that would usher prosperity to Sri Lanka. It is the conversion of knowledge into marketable goods and services through innovation, spread of the information on innovation through diffusion and imitation of such innovators that would bring a continuous high economic growth to a country. Hence, the role of the Government is to create an environment conducive for invention, innovation, diffusion and imitation. This is where Sri Lanka lags behind many nations in the world as revealed by the latest Global Innovation Index or GII published by Cornell University, INSEAD and World Intellectual Property Organisation for 2015.
Sri Lanka’s innovation efficiency is low

The index value is the combined outcome of two sub-indices, one on innovation inputs and the other on innovation outputs. The ratio of outputs to inputs depicts the innovative efficiency of a country. If a country has an innovative efficiency ratio of more than or close to one, that country has a high innovative efficiency. Sri Lanka in this case has an efficiency ratio of 0.76 needing much improvement on the innovation front.

The innovation inputs consist of five broad categories, namely, institutional structure, human capital and research, infrastructure, market sophistication and business sophistication. In innovation outputs, there are two categories, namely, knowledge and technology and creativity. In all these categories, Sri Lanka’s performance as an innovative economy has been far from the desired. It also opens a wide policy corridor for the Sri Lankan Government to adopt for implementation if it is really interested in building its knowledge base and its application in business.
Spend more on research and development

The report has highlighted that it is the research and development that leads to technological inventions. A country should secure its technological potential by investing a sufficient amount of resources in R&D. Sri Lanka’s current R&D expenditure stands at 0.2% of its GDP in 2013 in comparison to a world average of 1.7%. In the case of highly-innovative countries like Israel, R&D expenditure has been as high as 4% of GDP.

Sri Lanka is currently planning to increase its expenditure on education progressively to 6% of GDP. It is necessary that at least a half of this expenditure be incurred in the R&D area in order to gain the full technological potential that is necessary for Sri Lanka to elevate its status from a lower middle-income country to a higher middle-income country within the next decade.

The report has also presented six key principles which a country has to follow in order to make it an innovative nation. 

A budget is a development budget when it has taken a medium to long term view of the economy and aligned its expenses, goals and priorities to meet the aspirations of the people. It has been the avowed goal of both Mahinda Rajapaksa and Ranil Wickremesinghe administrations to elevate Sri Lanka to the status of a rich country within a generation. A generation in economic terms normally covers about 25 years. Thus, Rajapaksa expected to make Sri Lanka a developed country by 2035. Wickremesinghe, who took over the reins of administration in 2015, sought to attain that goal by 2040. However, the budgets that have been presented by both administrations have been opposite to the attainment of this goal. They have boosted consumption by the public sector rather than allocating resources for development

Introduce innovations across all the industries
Principle 1 requires a country to have an innovation policy aiming at improving innovation in all the industries. A country seeking to move from an upper middle-income country to a rich country should necessarily improve innovations in manufacturing industry in general and high-tech industry in particular. However, for a developing country like Sri Lanka where innovations are at a low level, it is necessary at first to improve innovations across the economy.

Sri Lanka has been concentrating on producing simple products for the global market by using simple technology as revealed by the Economic Complexity Atlas prepared jointly by Harvard University and the Massachusetts Institute of Technology. The problem with such a production structure is that any other nation can copy it and become a competitor thereby out-beating Sri Lanka easily.
Don’t allow inefficiency of one sector to rub on others

Principle 2 is a further development of principle 1. It highlights that a country should support through its innovation policy, all types and phases of innovation not necessarily confining itself to high-tech industries. This is because the innovation gains in high-tech industries are negated if other sectors in the economy are lagging behind causing their inefficiencies to rub on improved sectors as well.

Hence, it is a macro level efficiency improvement that is needed rather than the efficiency improvement in a given sector of the economy that leads again to the development of a dualistic economy.
Go for disruptive innovations

Principle 3 requires a country to adopt what is known as ‘disruptive innovations’ so that a country can directly get itself linked to the advanced economies in the world. This is what Joseph Schumpeter termed as ‘creative destruction’.

The mistake which many countries do in introducing innovations is to go for marginal improvements in the existing industries. On one side, such marginal improvements are incapable of generating a sufficient prosperity for the nation. On the other, they also widen the technological and innovation gap between the country concerned and other competitors making it difficult for competing with them in the global markets.
Make available capital goods at an affordable price

Principle 4 relates to making available capital goods imports, especially those products relating to information and communication technology, at an affordable price keeping such prices low. This is to enable a country to replenish its worn-out capital quickly. If it is not done, innovation processes started by the country loses its steam in midway, productivity improvements stagnate and competitiveness started by businesses starts declining.

The way out for countries to do this, according to the report, is to keep tariff and trade barriers low so that advanced capital goods can be acquired to make their economic enterprises competitive with the rest of the world. This is highly pertinent if Sri Lanka plans to develop a competitive healthcare sector to attract healthcare users from the rest of the world.
Support key innovation inputs as well

Principle 5 highlights the need for supporting the key innovation inputs on a wider scale. In addition to the availability of ‘best-in-class’ ICT, the other inputs such as reliable digital infrastructure, a skilled workforce and new knowledge should also be available to businesses. It is necessary to support both the production and the transfer of such key innovation inputs to businesses.

For instance, if a State-owned research institution comes up with an invention, the government should have clearly laid out policy principles for private businesses to acquire such inventions having paid the due amounts to such research institutes.
Create a dedicated outfit to implement national innovation strategy

Principle 6 is concerned with developing a national innovation strategy and suitable organisational structures to implement such strategies. Successful innovation nations have benefited from the creation of such dedicated organisations to carry their national innovation strategies forward.

If such organisations are established under the direct supervision of the head of the state, it would immensely facilitate them to attain their goals easily by coordinating with other state and private organisations.
An innovation economy uses ideas as raw materials

An innovation economy differs from a traditional industrial economy in several respects. First, in an industrial economy, it is natural resources, labour and capital that matter as inputs for economic activities. But an innovation economy is ruled by ‘ideas’ that are used in actual businesses that harness those inputs.

Second, an industrial economy focuses on mass production for use by customers. An innovation economy too produces for consumers but gives priority to design and quality based on information and communication technology.

Third, industrial economies are organised as large corporations that depend on economies of scale. Innovation economies, on the other hand, are composed of small-scale entrepreneurs who use networks and agents to do business.

Fourth, the success of industrial economies is based on labour and its availability, quantity of products, low costs and ability to control organisations and markets. Innovation economies depend on talents, speed of delivery, innovation flexibility and customisation of the products for success.
Researchers should be linked to industry

The knowledge-makers should also be effectively linked to business and industry. In the past, this did not matter so much because it was the inventors themselves who put their inventions into commercial production as well. But today, inventions are made at a rate and all inventors are not entrepreneurship-savvy. This makes it necessary for outsiders who are enterprising to absorb inventions and make them available in the form of goods and services to consumers.

Large companies have the capacity to acquire and command over inventions without the help of an outside party. But small start-ups and entrepreneurs need the services of networks and agents to get connected to funding, inventions and markets. Such innovation facilitators are called ‘innovation brokers’ who have now become an important element in a proper innovation economy system.

Surely, Budget 2019 cannot address all these issues. But it can lay foundation for future emulation.

(W.A. Wijewardena, a retired Deputy Governor of the Central Bank of Sri Lanka, can be reached at waw1949@gmail.com.)  

The Land Of Short Political Memories

Emil van der Poorten
logoImmediately after I coined the title of this piece I was struck with its inadequacy in the matter of describing the Sri Lankan “reality.”After all, it seems that political memories are not simply short, they appear to be non-existent most of the time.
Take the continuing discussion in the electronic and print media of politicians, particularly in the matter of their being placed in a position to dictate the fate of the vast majority of Sri Lanka’s citizenry.
You have what passes for Sri Lanka’s “first family” in the matter of politics, the Rajapaksa’s. The most prominent of these is Mahinda who, literally, wielded power of life and death over most of us and, if circumstantial evidence is to be believed, didn’t hesitate to demonstrate that po
wer and authority. A very interesting tidbit here is the fact that, on more than one occasion, an anecdote has been trotted out when, thanks to his intercession, the life of one who was being “white-vanned” to a final resting place was saved. The simple reality of a relationship with murderous abductors/killers seems to have escaped those making “objective” assessments of this episode in our recent sorry history: if you have a congenial enough relationship with the worst criminal elements in the country aren’t you a part of the problem rather than a part of the solution?
The foregoing is but one head of a Hydra-headed monster called complicity that Sri Lankans either fail to see or, more logically, choose not to. That attitude towards actions than are considered completely unacceptable in any society calling itself civilized, is the stage on which our political tragi-comedy has been performed, seemingly, since the time of that most cynical of Constitutional documents was brought into existence by J.R. (“Yankee Dick”) Jayewardene.
Take for instance the other names that are being bandied about as candidates for the most powerful positions in this country, if they aren’t already in them.
One thing that is forgotten about Ranil Wickremesinghe when his active supporters display their loyalty to him and the party he leads is the fact that he was, if an unobtrusive one, one of the premier and most consistent supporters of all that Yankee Dick stood for; not the most liberal or democratic of principles as anyone claiming to be even slightly objective would have to admit.
In the matter of dynastic politics in the ranks of the United National Party (UNP) you have the only son of a past President from that party whose assassination was greeted by the (joyous) lighting of firecrackers that I was witness to while visiting my homeland from North America where I was then domiciled. There is a certain irony that that man’s son is now held in quite high esteem in some UNP quarters and is allegedly the favourite of a very powerful electronic media outlet which has for a long time conducted a vendetta against Ranil Wickremesinghe and his supporters in the current government. “Byzantine“would be an accurate description of this corner of Sri Lankan politics. While maintaining an aura of loyalty to the UNP, this man plays his share of petty politics a part of which resulted in the resignation of a recent, widely-respected head of the Wildlife Department because he wasn’t permitted to act in the best interests of the real residents of the Yala National (Wildlife) Park, bending essential rules to accommodate the jeep-drivers who are more of a menace than an asset to the operation of that facility.  When push comes to shove, this man continues to display the political cunning of his father, sans the vision that the father displayed, however flawed it might have been.
Then there is the current Speaker of the House of Representatives who, some would have us believe, is a candidate for elevation to the ranks of the saints for simply adhering to Parliamentary procedure.  This is the man who led seventeen of his UNP colleagues across the floor to provide Mahinda Rajapaksa with the numbers to visit upon this country the most violent of administrations through exercising the might of numbers to make more draconian the already-draconian constitution of this country. Oh! But you say, “He saw the error of his ways, and returned to the fold.” Even if that contention is accepted, he did so after irreparable damage was done to the political fabric of this country and leaving behind his seventeen acolytes to continue the mayhem with the Rajapaksa Royal Family. And Sri Lankans can’t see these facts that have been staring them in the face for so long? Or is it simply a 21st century instance of a collective Nelsonian blindness? Pardon me, but I tend to lean to the latter explanation.

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