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

Thursday, February 28, 2019

The Elections Commission: A madhouse within a madhouse

The Constitutional Madhouse – Part 5


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By C. A. Chandraprema- 

The 19th Amendment led to the setting up of the following independent Commissions with the stated objective of depoliticising the conduct of the day-to-day affairs of the government.

The Election Commission

The Public Service Commission

The National Police Commission

The Audit Service Commission

The Human Rights Commission of Sri Lanka

The Commission to Investigate Allegations of Bribery or Corruption

The Finance Commission

The Delimitation Commission

The National Procurement Commission.

Article 41B (6) of the present Constitution, as amended by the 19th Amendment, states that all these commissions other than the Election Commission, shall be responsible and answerable to Parliament. Thus, according to Article 41B (6), which appears in Chapter 7 of the Constitution dealing specifically with the Constitutional Council, the Elections Commission will be the only independent Commission that will NOT be responsible to Parliament.

However, Article 104 B (3) of the Constitution, which was also introduced by the 19th Amendment which falls under Chapter 9 of the Constitution, dealing specifically with the Elections Commission, states as follows: "The (Elections) Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge of its powers, duties and functions and shall forward to Parliament for each calendar year a report of its activities for such year."

So, which one of these provisions is true? Is the Elections Commission responsible to Parliament or not? Under Article 41 B (6) the Elections Commission is not responsible to Parliament. Under Article 104 B(3) it is not only responsible to Parliament but also required to report annually to Parliament on its activities. Personally, this writer would prefer 104 B (3) because all Commissions dealing with public affairs should be responsible and answerable to the supreme legislature of this country. If I remember correctly, at the committee stage of the 19th Amendment Bill, Prof. Tissa Vitharana put up a fight to get these Commissions made responsible and answerable to Parliament. However, because of contradictory provisions in the Constitution, today no one knows whether the Elections Commission is responsible to Parliament or not.

When the question of the President’s power to dissolve Parliament went before the Supreme Court, it was held that while Article 33 (2)(c) conferred the power to dissolve Parliament on the President, the manner in which it was supposed to be done was laid out in Article 70(1) and that this was buttressed by the provisions in Article 48(2) which referred only to Article 70(1). If the question of whether the Elections Commission is responsible to Parliament or not goes before the SC, it will not be that easy to solve it. Article 104 B (3) says, ‘It is’, and Article 41 B (6) says ‘It is not’. How is the SC to decide between such provisions, by tossing a coin?

The legality of a legally invalid meeting

Under Article 103 (1) of the Constitution as amended by the 19th Amendment, the Elections Commission consists of three members appointed by the President on the recommendation of the Constitutional Council. Article 104 (1) states that the quorum for any meeting of the Commission shall be three members. It is what comes after this that would have many people scratching their heads.

Article 104 (2) (a) states that the Chairman of the Commission shall preside at all meetings of the Commission and in the absence of the Chairman, a member elected by the members present from amongst themselves shall preside. (However, the Chairman is only one of three members on the Elections Commission. Since three members are required for a quorum, If the Chairman is absent, there will be no quorum and a meeting of the Elections Commission cannot be held legally. What then is the point in having a provision in the Constitution saying that in the absence of the Chairman, a member elected by the members present from amongst themselves shall preside at such meeting?

Article 104 (2) (b) states that the decisions of the commission shall be by a majority of the members present and voting and in the event of an equality of votes, the Chairman or the member presiding at the meeting shall have a casting vote. (This is a meaningless provision because if a decision is to be taken by a majority vote, it will always have to be a two to one decision and any talk of a casting vote for the Chairman makes no sense.)

Article 104 (3) has a mind-numbing provision. What it says is that the Elections Commission ‘shall have power to act notwithstanding any vacancy in the membership of the Commission, and no act or proceeding or decision of the Commission shall be invalid or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member’. (Can anyone even imagine the implications of such a provision? The Elections Commission consists of only three members and the quorum is three members. No meeting of the Elections Commission can take place legally without the quorum. Yet Article 104 (3) clearly states that the Elections Commission ‘shall have power to act notwithstanding any vacancy in its membership and no act or proceeding or decision of the Commission shall be invalid or be deemed to be invalid by reason only of such vacancy. What Article 104 (3) is saying, in other words, is that an illegal meeting of the Elections Commission without a quorum, will still be legally binding and valid.)

This develops further in Article 104 A (a) and (b) of the Constitution, which states that no court shall have the power or jurisdiction to entertain or hear or decide or call in question on any ground and in any manner whatsoever, any decision, direction or act of the Elections Commission, made or done or purported to have been made or done under the Constitution or under any law relating to the holding of an election or the conduct of a Referendum as the case may be, which decisions, directions or acts shall be final and conclusive; and that no suit or prosecution or other proceeding shall lie against any member or officer of the Commission for any act or thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions under the Constitution or under any law relating to the holding of an election or the conduct of a Referendum as the case may be.

Under Article 104 A, the only instances in which the Elections Commission can be taken to courts will be over fundamental rights issues under Article 126 of the Constitution, the writ jurisdiction of the Court of Appeal which in the case of the Elections Commission will be exercised by the Supreme Court and not by the Court of Appeal, and with regard to petitions pertaining to the conducting of presidential elections, referendums or appeals relating to election petitions pertaining to parliamentary elections.

Thus, no one knows whether the Elections Commission, which was set up under the 19th Amendment is responsible to Parliament or not. And there is a question mark over the legality of meetings of the Elections Commission when one member is absent. One provision of the Constitution says that such a meeting will not be valid in law while another provision says that such meetings will be fully valid and cannot be called into question in a court of law.

The Elections Commission is arguably the most important of the independent commissions because it presides over the process of electing governments into power. Can any country afford to have such constitutional uncertainties in relation to such a body? But that’s Sri Lanka under the 19 th Amendment.

It’s not surprising that there is much talk of drug addiction and substance abuse among MPs in Parliament. In the opinion of this writer, the first people to be tested for substance abuse should be the drafters of the 19th Amendment and the drafters of the proposed new Constitution.

The entire speech by former US Secretary of State Samantha Powell at the Celebration of Minister Mangala Samaraweera


(Lanka e News - 01.March.2019, 7.30AM)

At Bandaranaike Memorial International Conference Hall

LEN logoColombo, Sri Lanka

Thursday, February 28, 2019

Gratitudes:
  • His Excellency President Maithripala Sirisena
  • The Honorable Prime Minister Ranil Wickremesinghe
  • The Honorable Minister Mangala Samaraweera
I am extraordinarily honored to be here today. It is wonderful to be back in Sri Lanka, for the first time since 2015, when I visited as a member of President Obama’s cabinet.

Sri Lanka has been a true partner of the United States, and I am grateful that many of the relationships I was able to form while working with your country have endured, and become very meaningful friendships.

Right now, I am in the final weeks of finishing writing a new book. I have been working non-stop to meet my deadline. I won’t even leave my house to buy groceries. But if there is one person who could get me to travel over 8,000 miles at the moment, it is Mangala.

Mangala is one of the most remarkable people I encountered during my eight years serving in the US government. So I simply had to be part of this occasion.

Those of you who know our guest of honor will not be surprised that, when I asked him how I should approach my remarks today, he said, “The less said about me, the better.” Now, considering this is an event about Mangala, this was surprising to my American ears. I come from a country where, as President Teddy Roosevelt’s daughter once said about her dad, politicians want to be “the corpse at every funeral, the bride at every wedding and the baby at every christening.”

I have decided to compromise. I will speak today about what we can learn from Mangala’s 30 years in politics about the central challenges of our time – and how we must confront them. The three themes I believe run through Mangala’s life’s work are dignitymodernization, and democracy. So in his honor, I would like to say a few words about each.

Dignity

We have heard about how Mangala began his career, thinking he might become a fashion designer. The late fashion photographer Bill Cunningham once said that, “Fashion is the armor to survive everyday life.” Well, Mangala seems to have concluded from an early age that the most meaningful way to spend one’s days is to use one’s influence to help people. And, specifically, to help people to not only survive daily life, but to help ensure that they are able to build lives of dignity.

His inspiration to get involved in politics came in the late 1980s, when the government was suppressing the Marxist youth insurrection in the South, and dead bodies were being hung on lampposts in his home town. The son of a remarkably enlightened, trailblazing mother and a pioneering human rights lawyer father, Mangala thought to himself, “Maybe I can make a difference.”

“Maybe I can make a difference…”

Mangala, rest assured, you have made one hell of a difference. And you are only getting started!
When I asked his colleagues and peers about his lifetime of service, the word I kept hearing was “dignity.” Dignity, dignity, dignity. The belief that every individual is worthy of respect. The word comes from the Latin, dignitas, or “worthiness.” The pursuit and promotion of individual dignity seems to be the animating principle in Mangala’s career.

When I think of dignity, what springs to mind is the last civil rights protest Martin Luther King, Jr. was involved in before he was gunned down. It was in Memphis, Tennessee in 1968, when sanitation workers decided to go on strike to protest poor pay and the crushing to death of two workers in garbage compactors. The striking workers carried signs that said simply, “I AM A Man.”

I think of June 1989 and a slight man in grey slacks and a white shirt carrying two shopping bags, who decided to confront one of the hundreds of tanks that were mowing down student protesters in Tiananmen Square. This Chinese man, seemingly on his way home, who we have not seen since, standing before the turret of that tank, embodied the assertion of dignity.

I think of December 2010 and a Tunisian fruit seller named Mohamed Bouazizi who was so worn down by the humiliation and corruption he endured every day that he decided to set himself on fire in protest, sparking uprisings that would cascade across the Middle East and North Africa into the Arab Spring.

And I think of the mothers I have met here in your country, who clutch the weathered, faded photos of their missing sons and daughters, begging people to hear their cries. Or the heads of household who, needing money to feed their families after the war, relied on micro-lenders for small loans – micro-lenders who extorted them, charging spiraling interest that these families would never be able to pay back.

Respecting human dignity means not patronizing those who are less fortunate, but listening to – hearing – the reality of the lived experience of others. Making sure that nobody is invisible.

If decision-makers or leaders – whether of countries, of companies, or of classrooms -- can put themselves in the shoes of others, if they can cross this essential imaginative threshold, they will have the motivation we need to act.

Mangala did this back in 1990 when he founded the “Mother’s Front” with Mahinda Rajapaksa – creating a network dedicated to tracing down information on the disappeared and pressuring the Sri Lankan government to provide compensation.

Mangala is well known for taking the fundamental step of recognizing past abuses and the critical need for reconciliation. As Foreign Minister he spearheaded the creation of the Office of Missing Persons, which is now finally operational. He helped push a law through parliament that will provide for reparations for war victims and survivors.

And more recently, as Finance Minister, he has orchestrated the forgiveness of loans taken out by those desperate families after the war. And he has just launched another debt relief program for those affected by the crisis of severe drought. As Nelson Mandela once said, “Overcoming poverty is not a gesture of charity. It is an act of justice. It is the protection of a fundamental human right, the right to dignity and a decent life.”

But the best measure of Mangala’s regard for the dignity of those who have lost their loved ones or their livelihoods is that he knows none of this is nearly enough.

It is the deficit of human dignity that explains so much of the tumult of our age. We ignore it at our peril.

Modernization

Second, Mangala has shown his belief in modernizing Sri Lanka. He has prioritized opening up this beautiful country to the rest of the world, including to the United States.

He secured the launching of the first-ever US-Sri Lankan strategic dialogue. He announced in 2015 Sri Lanka’s joining of the Open Government Partnership. And he shepherded Sri Lanka’ application to the Millennium Challenge Corporation through a long and tortured approval process—dedication that is now paying off, as it will soon bring some $480 million in concrete benefits for a number of infrastructure projects in transportation and agriculture.

Long before this recent phase in his career, when he was Minister of Post and Telecommunications, it was Mangala who spearheaded the privatization of Sri Lanka’s telecommunications industry. This initiative introduced competition for the first time and knocked down barriers between the privileged Sri Lankans who had phones and those who had to wait as long as seven years to get one. Today Sri Lanka has one of the highest number of phones per person in all of Asia, and, despite being a country of 21 million, Sri Lanka is apparently home to 34 million cell phone subscriptions.

This progress has been absolutely essential as a foundation for economic investment and growth. However, for all of the good we know technology can do, rapid advances in fields from social media to AI to automation are also posing profound risks to our democracies. These tools are going to be decisive in global development going forward, but governments must confront their dark uses as well as their boundless possibilities.

I believe we need to dramatically increase our scrutiny of the effects of new technologies. That will require fresh thinking, critical perspectives, and bold steps by policymakers to find a better balance than we currently have—a balance that takes into account the impact that tech is already having on politics and human rights.

In the United States, in the wake of Russia’s interference in our elections, and because of the deep divisions in our society, we are seized with the question of how falsehoods and echo chambers enabled by social media impact our domestic politics.

But these platforms also have potentially deadly impact when it comes to the rights and well-being of marginalized groups.

The UN, for example, has found that the spread of violent hate speech and falsehoods on Facebook in Myanmar played a “determining role” in the mass atrocities perpetrated against the Rohingya. From the Philippines to India to Mexico to Indonesia, technology that barely existed 15 years ago is being used to scapegoat vulnerable populations, exacerbate societal cleavages to the point of violence, and empower the most extreme voices.

Last year, here in Sri Lanka, after hate speech and conspiracy theories about Muslims disseminated on social media led to violence and destruction, one of your government officials made a profound observation that I believe the entire world must heed: “The germs are ours, but Facebook is the wind.”

Mangala himself was one of the first political leaders to take to Twitter during the crisis to condemn the viciousness, sending a clear message of zero tolerance for politicians and others who incited racial violence.

In societies like ours – with mixed ethnicities and religions, with free speech and extreme voices – we ignore this reality at our peril.

I cannot overstate the impact of social media platforms. Despite going worldwide just 13 years ago, “Facebook has as many adherents as Christianity.” Thinking about it another way: at its height in 2018, Facebook was worth more than the economies of 167 countries in the UN – that is more than 85% of nations in the world!

Here in Sri Lanka, apparently some 6 million people regularly use Facebook. This will surely grow as mobile technology becomes cheaper and more widespread. Asia is already the company’s fastest growing market. And when you include the total percentage of people who use WhatsApp, YouTube, Twitter, and even newer platforms, you are already talking about a significant portion of the population.

When it comes to companies like Facebook, Twitter, and Google, which failed for too long to grapple with the dangerous uses and effects of their products, it does now finally seem that they are seized with the abuses that their platforms have enabled. Excellent investigative journalism, public outrage, and the threat of oversight has certainly helped. But these companies need to prioritize contributing to the health of democracy as a goal, right alongside making yet more money.

I was encouraged to hear that Facebook has committed to serving up to 20,000 Sri Lankan children in a digital literacy program to be run this year, and that they are participating in the Information and Communication Technology Agency’s SMART Social Circles initiative, which aims to prepare people to better discern, as Mangala puts it, “the good from the bad, and the true from the false.”

This is important: the education and leadership of well-rounded, tech-savvy and civic-minded young people is going to be critical to reigning in the negative effects of new technologies.

However, given the human consequences, this is a drop in the bucket. We need to think far bigger. In my country, I would like lawmakers and policy leaders to think about a number of approaches:
  • Instituting regulations and heavy fines for failing to remove hate speech;
  • Greatly restricting the ability of advertisers (or nation states disguised as such!) to micro-target users with messages designed to mislead and enrage;
     
  • Re-thinking the type of anonymity afforded to users so as to cut down on the spreading of lies with impunity;
  • And probing seriously whether some of these tech monopolies have become so dangerously big – and so dangerous to open society – that they need to be broken up.
Governments like yours also have an essential role to play. You are going to have to insist that Facebook uphold its “Community Standards” for all of Sri Lanka’s national languages, or face serious repercussions. It is simply not acceptable that Facebook has not invested more in equipping itself to monitor posts in languages like Tamil or Sinhala. A platform with this much influence and reach cannot get by just doing the bare minimum—Facebook needs to be far more transparent, so that experts and civil society can guide the company in how to do better in the context of the unique challenges Sri Lanka faces.

As always, talking about technology is complicated – many countries would like nothing more than to have the grounds to regulate social media and the internet or to enhance censorship and surveillance—not to protect their people, but to protect themselves from scrutiny.

Indeed, at the other end of the spectrum, repressive governments are increasingly able to use technology to control and manipulate their populations.

Women in Egypt have been tracked down and arrested for sharing their experiences under the #metoo hashtag.

The Mexican government has infected the phones of local journalists and members of civil society with sophisticated spyware that allows them to capture every text and conversation.

Turkey – a member of NATO! – currently blocks access to 100,000 websites.

But I think what Mangala’s career shows us is that we in public life have a responsibility to take into account the human consequences of our tools – and our laws. At all of his stops along the way, Mangala has demonstrated how public policy can be crafted to address societal ills that others would prefer to ignore. The tech companies won’t have any sustained urgency to change unless those with power – all of you – make it known that you care, and insist that they care too.

Democracy

Third and finally, Mangala has not only been a believer in democracy and the institutions that are the cornerstone of our respective systems, he has himself worked to strengthen them. He has been, in his way, an institution, a one-man check and balance.

I am not sure what is on the best-seller list here, but in the United States people are buying books with titles like:
1984.
How Democracies Die.
How Democracies End.
The People vs. Democracy.
Can It Happen Here? Authoritarianism in the US.
Fascism: A Warning.
These books, and the feeling that democracy is in retreat, do not come from nowhere. They are moored in disturbing trends.
  • Thirteen straight years of freedom in decline around the world, according to Freedom House, which has documented that it is consolidated democracies that are suffering from the worst setbacks. Overall, 68 countries suffered net declines in freedom in 2018 on measures like individual rights, freedom of expression and belief, and rule of law.
  • Instead of rule of law, the Carnegie Endowment has documented how more than seventy governments in the last ten yearshave instituted rule by law, taking a number of serious measures to restrict civil society (from legal means like regulation to straight-up intimidation campaigns).
There are no silver bullets when it comes to trends like these. But fatalism cannot be the answer. Yet a confidence gap seems to have overtaken our world – authoritarians strutting around, though their model rests on very fragile foundations; democrats, meanwhile, seem to be running for cover.

When I graduated from college in 1992, a book about the global triumph of liberalism – Francis Fukuyama’s The End of History and the Last Man – had spent a month on the best-seller list, with its thesis “that there is a…common evolutionary pattern for all human societies…in the direction of liberal democracy.”

Things did not turn out that way. Today, though, people have begun speaking of democracy’s decline with the same certainty.

We must not make the mistake of replacing one triumphalist narrative – about the inevitable spread of democracy – with its doomsday opposite.

Recent events within established democracies like the United States are a wake-up call. We cannot take for granted all that we have taken for granted – the durability of liberal institutions, the status of science, attachment to facts.

But if you look at most autocracies and what lies ahead in terms of their ability to deliver for their people, I believe each of us would choose the resiliency and possibility for self-renewal of democracy.

And recall: despite the very real and worrisome backsliding, looking at all four of the most widely used and accepted databases that assess democracy over time, the percentage of democratic countries in the world in 2018 were at or near their all-time high.

You will unfortunately hear very few democratic politicians making these points, but allow me to summarize the essence of the argument: democracies have the better model!
  • In autocracies economic growth is likely to be impeded by stagnant state-owned enterprise and a lack of transparency in the economy. Even in China growth is slowing, and one wonders how secure investors will feel with the arrest of expatriates and the absence of due process and property rights.
  • Autocrats often overreach because they don’t hear from critical voices in their inner circles and often prefer the company of sycophants. If you worked for a strongman, you would likely be reluctant to be the bearer of bad news to your leader.
  • In the military, the most capable officers may be less likely to rise than the most loyal.
     
  • When you have no term limits or put in place a President for life, it can breed decay.
     
  • While innovation is flourishing in some sectors within certain autocracies, we have reason to question whether innovation will be undermined in the long term by the absence of freedom of speech and the presence of fear.
  • And finally, one of the biggest factors explaining the appeal of illiberal or populist leaders is inequality and the feeling of many that they are being left behind – a trend that will increase with growing automation. But there is no reason to expect that autocratic or authoritarian systems that concentrate power at the very top will more equally distribute benefits than liberal democracies.
I do not mean to understate the challenges of maintaining a truly democratic society. My country and your country are facing turbulent times.

The last time I was here, I could never have guessed that an American President would attack the judiciary, the press, women, minorities, our diplomats, our intelligence professionals, our law enforcement officers, and many of our closest allies.

In the US, many of the ills we face – intense inequality, big money in politics, gerrymandering and restrictions on voting rights, corruption, polarization, racism and exclusion – have raised serious questions among our own people about how functional our democracy is in the twenty-first century.
Sri Lanka has experienced its own political crisis, which raised alarm bells all around the world.
But critically, while our respective institutions have bent, they are not breaking in the US, and they are not breaking in Sri Lanka.

In the United States, journalists have done an extraordinary job investigating corruption and calling attention to abuses of power. In a number of cases, dogged reporting has led to resignations and exposed terrible wrongs. After doing almost no oversight for two years, our Congress has just been reinvigorated. There are more than 100 women in the House of Representatives for the first time in American history. More young people and women and minorities are running for office than ever before. And our state and local governments have taken a stand on many pressing issues, from climate change to immigration to voting rights, that the federal government is failing to address with any seriousness.

Here in Sri Lanka, during the recent crisis, your citizens made themselves heard, with many of them speaking not for parties or personalities but in defense of your hard-earned democracy. Your streets were home to the country’s first-ever spontaneous, popular protests not initiated by a particular party, proving US Supreme Court Justice Louis Brandeis’ great wisdom that, “the most important political office is that of private citizen.”

One woman who participated in a protest commented, “As a mother, as a grandmother, I want to see democracy restored. I’m not against any person or any party but as a citizen of Sri Lanka.” Another said, “We’re doing this for the next generation, for the future of this country.”

Both traditional and new media outlets were able to play a key role in keeping Sri Lankans informed and keeping institutions accountable. Civil society – and again, both new and established groups – were active and effective. And your judiciary stood by the Constitution and enforced the rule of law with great independence and seriousness of purpose.

All of this is a credit to the resilience of Asia’s oldest democracy and to the checks and balances that Mangala championed over the years.

I hope that for both of our countries, the response to the challenges we are facing – and navigating – will end up affirming the enduring strength of democratic institutions and necessity of democratic accountability.

Your hope, Mangala – that Sri Lankans “create a civilized society where humanity and decency flourish and the rule of law is respected” – is what I hope for both of our countries. And I look forward to the continued friendship between our two nations as we work together to make it happen.
Allow me to conclude with a little history. Around a century ago, German sociologist and economist Max Weber was invited by a liberal student association at the University of Munich, in Germany, to give a series of lectures on the theme of intellectual or spiritual work as a vocation.

Germany had surrendered in the First World War not long before Weber delivered one of his lectures, “Politics as a Vocation,” on January 28, 1919. The utter destruction wrought by the war – human, physical, moral – was unprecedented in its scale. It was not a time of much confidence in the capacity of politics to be a force of human progress. It was surely one of the more difficult times and places in which to make the case for politics as a vocation.

Yet against that backdrop, Weber set about trying to answer, in his words, “what kind of a human being one must be to grasp the spokes of the wheel of history.” Weber laid out three interdependent qualities, each of which he considered indispensable to the vocation of politics: proportion, responsibility, and passion.

Proportion, in Weber’s view, was about maintaining the appropriate distance from a policy decision or endeavor in order to be able to analyze it rigorously and objectively, and to bring a necessary degree of humility to one’s ability to shape the world.

Responsibility involved remembering to think through the likely consequences of proposed actions and interventions – regardless of how well-meaning or logical the motivations behind them.
Passion was what Weber defined as a kind of “inner gravity” – the driving force behind one’s convictions.

At the end of his lecture to the students at the University of Munich, Weber declared: 

“[O]ur entire historical experience confirms... that what is possible could never have been achieved unless people had tried again and again to achieve the impossible in this world… The only man who has a ‘vocation’ for politics is one who is certain that his spirit will not be broken if the world... proves too stupid or base to accept what he wishes to offer it, and who, when faced with all that obduracy, can still say ‘Nevertheless!’ despite everything.”

We are not coming out of a harrowing world war, but Sri Lanka suffered a brutal 26 year civil war that ended only a decade ago, and all of us are living in times that can test our faith in politics.
And yet I am as convinced as ever that despite all the cynicism out there, our strength will rest where it always has – in those individuals willing to serve, and the convictions they bring to the human endeavor of politics. Individuals who see the flawed world as it is, but are willing to say, “Nevertheless!” and strive to build a better world.

Mangala is one of those individuals, and I join you today and all days in thanking him for his thirty years of service.

We all know the best is yet to come.

WIJEWEERA AND CINEMA MAGIC – SRILAL JAYASURIYA

Image: 1989 a woman walked passed a bodies of a massacre by JVP at Menikhinna.
26/02/2019

Sri Lanka Brief26/02/2019

(Daily Mirror 29.02.19) In Anuruddha Jayasinghe’s Ginnen Upan Seethala, Kamal Addaraarachchi as Wijeweera gives life to a revolutionary on the run!

All that the country needs now is a really honest hundred per cent corruption-free, dedicated leader who has democratic principles – to pull this country out of the rut!

The plan was to take into custody, Premier Sirimavo Bandaranaike and to force her to make a statement abdicating her Premiership and hand over the reins of the Government to JVP.
Ginnen Upan Seethala directed by Anuruddha Jayasinghe, now being screened in cinemas halls around the country tries to explore the background which pushed the founder of the JVP Rohana Wijeweera to react – the way he did – to various changing situations that prevailed in the country from 1971 to 1989

On 5th April 1971, Rohana Wijeweera made the wrong call, when he ordered his faithful followers – mainly the youth of the country – to attack the Police stations around the country with hand bombs filled in empty condensed milk tins – and take control of villages and towns.

Along with the mob attack on police stations, his plan was to take into custody, the then Premier Sirimavo Bandaranaike and to force her to make a statement abdicating her Premiership and hand over the reins of Government to JVP.

His plan ended in a flop and over 10,000 youths lost their Jives in this lunatic exercise.

But the Director of the Film “Ginnen Upan Seethala” conveniently chooses to forget this initial setback in the career of a political cum revolutionary leader. thereby preventing the viewers from making a just and a fair assessment of his subsequent actions leading up to the uprising in 1988-1989 and prefers to commence the film with the pronouncement of Life Sentence on Wijeweera delivered by the Criminal Justice Commission – for waging war against a democratically elected government.
In 1971 a strong left-of-centre government elected only a year before in 1970 was in power with the leaders of leftist parties N.M., Colvin, Leslie and Pieter holding Cabinet portfolios. In addition, youthful left leaders like Sarath Muttetuwegaama and Prins Gunasekera had also gained entry into the Parliament. The giants in trade union sector, D.G. William, M.G. Mendis and L.W. Pandith were in control of the public and private sector work forces.

In such a situation there was no way for Rohana Wijeweera to muster public support for an uprising – maybe he wanted to emulate Fidel Castro and his comrades in Cuba – but when Castro and his comrades stormed the Military Barracks in Havana, a ruthless dictator was in power. That situation never prevailed in Sri Lanka in 1971 and Wijeweera’s uprising was doomed to fail from the word go. The director should have devoted at least 10-15 minutes to highlight this debacle – consequently, the director of the film had made a false start!.

JVP in the formative years exhibited a talent of designing handwritten propaganda posters in black and yellow which delivered a message in just three to four words – A talent which had not found a place in Anuruddha Jayasinghe’s film. It had been reported that JVP had the ability to paste thousands of posters within a certain time frame of a day in all Grama Niladari Divisions of the country at one and the same time.

In 1971, Wijeweera was the star speaker and the sole attraction at JVP meetings. Standing on makeshift platforms – sans a roof – the bespectacled bearded leader with long hair, dressed in a military-style shirt, sporting a Cheguevara Cap – was the cynosure of all eyes – as he addressed the gatherings for hours at a stretch.

It had been reported that no one who had come to listen to his 5 lessons, had left the gatherings without obtaining the membership of JVP. With more dedicated research, the gist and essence of the 5 Lessons should have been uncovered and included in the film. Instead, the film wastes much time showing the Central Committee members of JVP shifting a feeble looking leader from one location to the other.

Actor, Singer and TV presenter Kamal Addaraarachchi, whom we encounter in romantic scenes in films and teledramas comes down to earth with a solid performance in the midst of restrictions imposed on him by the director.

Credit should go to him in the first place for agreeing to portray the role of a besieged revolutionary – always on the run! Versatile actress Dilhani Ekanayake as the Doctor’s wife plays her role spot on.
When the JVP goes underground consequent to a ban imposed by J.R’S Govt. Wijeweera is portrayed in the film as a weak character, shivering with fever after being caught in heavy rain in a jungle hideout – while all others around him are shown hail and hearty!. Even at the purported Central Committee and Politbureau meetings, Wijeweera is portrayed as a leader who cannot take a prompt decision. He seems to rely too much on his comrades – this is contradictory to real life Wijeweera. Wijeweera is reported to have taken all the important decisions by himself without relying on others – and his word was the final word!. Maybe the director wanted to convey a message to the viewers, that Wijeweera alone was not responsible for the cruel decisions taken by the JVP.

For a good part of the film, the scriptwriter and the director had taken pains to justify the actions taken by Wijeweera, in retaliation to the ban imposed on JVP and signing of the Jr-rajiv Gandhi Treaty.

Over 60,000 people including hundreds of university students perished when JVP went on a rampage to show their dissent to J.R. – Rajiv Gandhi Treaty.

Police and Armed forces personnel were dragged from their homes and killed. Even the members of their families were not spared. CTB buses and depots were burnt to cinders.

Hundreds of Agrarian Offices which served the rural farmers were burnt down, Intellectuals and film artistes too were not spared. While al1 these were happening around the country, Wijeweera was shown happily fathering six children, in whatever location he was shifted to by his comrades!.
Wijeweera was even shown pacing up and down in a hospital corridor while his wife Chitranganie was experiencing labour pains in a hospital bed in a Govt. Hospital – A simple luxury he denied to thousands of expectant mothers – to deliver their babies in a peaceful environment – when his military wing under “Keerthi Wijayabahu” – as shown in the film is one of JVP Central Committee member’s pseudonym – forced all hospitals and nursing homes in the country to close down by delivering a handwritten sheet of paper.

I was also a victim of this cruel act. At that, we were living in a coastal town 45 Km south of Colombo. My wife was expecting our third child in September 1989. We had made all arrangements to admit her to a private nursing home in the town, for her confinement on 4th September as advised by doctors.

But on 30th August all hospitals and nursing homes in the country were forced to close down. The doctors, nurses and supporting staff just abandoned the hospitals and ran for dear life. The members of our family, close relations as well as neighbours spent sleepless nights wondering what to do next. Even the neighbours were coming in and going out of our house making various suggestions. Some suggested that we should get down a midwife to stay 24 hours in our home. Time was ticking by. My wife kept her nerves and stayed unruffled in the face of unfolding uncertainties. Luckily, the unborn baby seemed to have relished the extended stay in the mother’s womb and may have waited for the opportune time to make a move.! – and that opportune time arrived when we got the news on 6th September that the Army had started clearing the Castle Street Hospital – removing the dead corpses on hospital beds, washing and disinfecting the wards and labour rooms. By noon the hospital started admitting patients. At this point, my brother-in-law who was a final year Medical Student at Colombo University came forward to help me out. He made arrangements to get my wife (his sister) admitted to Castle Street Hospital on 6th evening through the back door – since she had not attended any clinic in the hospital or consulted a specialist in the hospital, and we were blessed with a baby girl on 7th Sep. 1989 (Thank You, Malli! for coming forward to help me in the hour of my need).

How many expectant mothers lost their lives during this period? How many innocent infants were prevented from seeing the light of the day? The film maintains a deafening silence on all forms of cruelty imposed on the population of this country – in the name of ‘Liberation’!

The estate Bungalow at St. Mary’s Estate Ulapane was not the ramshackle shed of a house as shown in the film. Maybe the director of the film wanted to convey to the viewers, that JVP as a fledgeling political party did not possess funds to provide their leader with a comfortable house. But he had been living in a spacious luxury estate bungalow – with all the conveniences – situated in around 10 acres of land. In the living room there had been a chest full of imported liquor and in the study room there had been a rack full of latest editions of the British Encyclopaedia – may be to protect his new identity as Attanayake and to detract anyone who steps into his bungalow.

When Col. Janaka Perera arrived at the doorstep of the Bungalow on 11th November 1989 and confronted him, with his battalion positioned around the bungalow, the initial reaction of Wijeweera had been to insist that he was, in fact, Attanayake and not Wijeweera and did not remain silent as shown in the film. Here again, the director of the film seems to impress on the viewers that Wijeweera was a man of truth even in the face of death.

And in the final scene the film ends with the comic parting words uttered by Wijeweera to his wife – ‘ Daruwanta Hondin Uganwanda’ (Give a good education to the children) and here is the man, whose folly made the country to lose hundreds of university students – wishing his children to get the best education available come what may.how many parents lost their children in the prime of their lives? Even today university students are being used by certain political groups as Guinea pigs to further their own political ends and once a month they happily get a free Cannon shower from police vehicles on the centre of highways!.

In his heydays Wijeweera’s, clarion call to the youth had been “Dhanin Weti Jeewathwanawata Wada, Depaying Sita Gena Miyayema Wati” (It’s better to die standing on one’s feet – rather than live begging on knees”) It was only two weeks back, when the 31-year-old Uvihdu Vidura Wijeweera, the eldest son of Rohana Wijeweera who is following a course in Political Science in a University in Russia, came on TV in a talk show telecast by a Private TV Channel, he stated that he was known and called “Uvindu Vidura” and does not use the surname “Wijeweera” as he wants to create an independent identity for himself to go forward in his life !.

It’s understandable – the young man knows very well that he will be at a disadvantage if he goes to the world as Wijeweera’s son – Rohana Wijeweera had earned a place in the history, as a revolutionary who led the youth of the country in the wrong path, twice within two decades and ended up destroying nearly 60,000 young lives. Let no one in the future lead our youth in the path of destruction. All that the country needs now is a really honest hundred per cent corruption-free, dedicated leader who has democratic principles-to pull this country out of the rut!

Cry salt tears against Govt. complicity in crime

 STATE OF THE NATION: grave, when power covers up its crimes, and often even in tandem with its political opposition

logoFriday, 1 March 2019

What’s worse? A. A hit-and-run where the perp flees the scene; only to surrender himself to the cops the next day; after any evidence of allegedly DUI has been flushed down the tube; literally; or the local constabulary reviews surveillance camera footage and traces your vehicle? Or B. Bond scam culprits who flee the scene; never to surrender; in fact be offered alternative employment and defended to the hilt; by the highest powers in the land today? Or C. Complicity in systematically robbing state coffers in a time of war while enforcing ‘discipline’ against dissenters and dissidents?

Well, it depends on whom you’re talking to and who you are perceived to be. The moment you bring up the bond scam these days, you’re likely to be lumped with the media house that has an ostensible axe to grind against the incumbent prime minister. Their modus operandi may be egregious, and only time will tell if their audiences wise up to it and lose their loyalty to ‘we report, you decide’. However it doesn’t mean that justice has been served in the case of the now four-year -old Central Bank heist.

Nor does it exonerate the previous government under whose administration a similar if not more deeply-entrenched racket existed. In fact, while juxtaposing ‘Yahapalanaya’ with the Rajapaksa regime was once like comparing apples with ‘papols’, in terms of the ongoing CBSL rip-offs at least there’s nothing much to separate the green old boys from the blue dirty old men.

But when it comes to holding one or the other accountable for the rape of the people’s trust – to say nothing of plundering national assets – it depends on what shade of blood runs in your political veins. (And the camp which holds that both recent scam and erstwhile schemes should be thoroughly investigated and all the usual and unusual suspects properly prosecuted is very thin on the ground.)

Impunity and the sands of time

Which raises the issue: How far back can accountability go before it descends into being a travesty of justice? Will any citizen, state or independent mechanism ever be able to encompass the gamut of abuses to which the principal government banking regulator has been subject since the opening of the economy? Does it make sense even to start an investigation into scams and schemes of decades under the current culture of impunity where a silence has fallen in legacy media on the hit-and-run talk of the town of less than a week ago? The mind boggles and the stoutest heart quavers.

With that said, does civil society not have an obligation to try? Is it not part of the transformational justice process that our civilisation attempts closure for its citizens on the most outstanding issues of its day? From what I see in plain sight and can discern with the dimmest of intuitions, the powers that be are broadly divided into three camps on this issue…

Olympians

Firstly, there are the lofty ‘Olympians’ whose highfalutin ideals hardly match their praxis. These would embrace both noble ideas like transitional justice – and bring closure to grieving families afflicted by war losses – and less than noble brothers-in-arms whose thieving has caused inestimable national loss.

On the one hand, these internationalists are probably the last best hope we have of extricating Sri Lanka from a primitive culture ruled by superstitious ultra-nationalism into a global milieu where we have a half-decent chance of finding our place in the sun. On the other, with the possible exception of their penchant for white-collar crime over blue murder, they’re not very different in terms of pulling the wool over a gullible baa-lamb silly-sheep public’s eyes.

(I won’t even bring up the bodies of the JVP dead again. Or mention the alleged complicity of born-again liberal democrats in brutal crackdowns on inconvenient insurrections. The question is still alive – how far back can or must we track the transparency of even whitened sepulchres?)

Dionysians

Secondly, you would find that ‘Dionysians’ who grimly take no prisoners would have all wrongdoers hanged from a high yardarm. Such drunken sailors are loose cannons on the deck… and would have absolutist accountability for selected crimes – in the main, cocaine use and abuse. Sad that their moralistic rants and macabre resolution to implement the death penalty doesn’t extend to those whom they would protect with ‘pinkamas’. Those accused of war crimes as well as offences against the common grain of humanity.

So abjectly hypocritical are those in this camp that they would now offer tea and sympathy to the families of two murdered businessmen. While suffering severe memory loss in a litany of abductions and assassinations – from cartoonists and editors to children – in which they remain the chief suspects.

Epimetheans

Thirdly, look no farther than our emerging neo-capitalist city-state for the ‘Epimetheans’. Who, unlike the Ethiopians, have changed their colour. Where once they chauvinistically espoused total war against terrorism, today even the rising tide of neo-nationalism cannot temper their newfound globalist sensibilities.

Perhaps the only way in which such ‘megalopolitical’ mandarins stay true to their leopard-spots is in taking a pragmatic view of the war-dead? Let bygones be bygones! And let’s issue death certificates to everyone – including petitioners against the state (who, by now, are themselves probably gone with the wind).

Maybe the personal fortune of such opportunists, taken at the flood, helps them forget the widows and orphans in the same breath as the street victims whom they mowed down… only to flee the scene – and surrender under duress to the good offices then of good governance turned traitor to its mandate now?

Talk of the town

Which brings me back to the hit-and-run talk of the town: How well so far have the police managed in their efforts to bring the case before a magistrate? Is it only on social media that keyboard warriors are agitating for a full investigation and prosecution? Can only these armchair tacticians see the pattern of old – the patriarchal protection of political brats across the spectrum? Has legacy media divorced itself from the social contract incumbent on it to speak truth to power?

All in it together

I’m not holding my breath and waiting for justice to be served, and both hit and run artist and failure to report a crime aider and abettor, to be handed suitably stiff sentences. But hope springs eternal in several respects. Not the least of which is that at least now we the people of these political pastures will open our eyes to the collegiality of crime across party lines and the complicity of the powers that be in protecting political brats. Since the norm is that the governmental (administration plus opposition) super-class sticks together through thick and thin when the going gets tough against one of their own, we’ll all be very surprised indeed if there is a prosecution in this case such that all the old closed cases of politically covered up hit-and-runs are opened up again.

Not holding one’s breath

However hearts may grieve for real war heroes loved and lost, as much as for the Richards and the Lasanthas and many more unnamed and unknown of yore, let us allow the dead to bury their own dead in the land of the living where power is sweeping truth and justice under the carpet. Therefore if there be any vestige of life left in our common spark of culture and decency and civilisation, let us unite in these dark times to demand that at least some light be shed on the misdeeds of those in charge and control who would conceal their misdemeanours in broad daylight.

(Journalist | Editor-at-large of LMD | Writer #SpeakingTruthToPower)

Prisons Department gets 102 applications for executioner’s post


Chamikara WEERASINGHE-Friday, March 1, 2019

The Prisons Department had received 102 applications for the executioner’s post advertised with the deadline ending on February 25, Justice Ministry spokesman Nalin Rajapaksa said yesterday.

Two women were among the applicants. An American native is among the 101 men applied for the post, Rajapakhsa said. “The Ministry and the Prisons Department will not release information of any of the applicants and put their lives at risk,” he said.

Justice Minister Thalatha Athukorala has instructed the Ministry and Prisons Department to ensure the security of the applicants.

The Justice Ministry advertised the executioner’s post in newspapers after President Maithripala Sirisena had vowed to resume the death penalty for drug criminals as part of a hard-line anti-drugs crackdown inspired by the Philippines. The President has maintained consistently that he will enforce capital punishment and will use strong-arm tactics in dealing with illegal drugs.

Rajapaksa said, the Prisons Department and Justice Ministry had yet to process the candidates’ applications. The department will soon hold interviews for them.

The ministry will recruit two persons for the executioner posts at the Prisons Department following the interviews.

The Prisons Department had called for applications for the executioner’s post after four decades since a moratorium was imposed on capital punishment in 1976. The department’s advertisement says that “selected candidates will be referred to a test conducted at the National Hospital to check their mental strength.”

The Justice Ministry said it would go through the applications and would not give a timeline as to when the appointment will be made.

There are 400 convicts on death row, according to Prisons Commissioner Thushara Upuldeniya.

The Justice Ministry has completed administrative procedures for the execution of five drug convicts.The President has yet to sign a death warrant of a drug criminal.

Venezuela; Is It Reminiscent Of Socialist Suffering In Sri Lanka?


Mano Ratwatte
logoIntellectually superior academics on this forum have also commented about benefits of socialism, given expert ideological commentaries and talked about Venezuela and what went wrong. It is probably a good idea to share two messages received at two different times from a friend from Venezuela about their crisis and the tragedy of the once most prosperous nation in Latin America.   
This writer will not give much commentary, but these letters , copied and pasted below, give one perspective that is far better than expert commentaries about socialism, and global imperialism etc from Sri Lanka. To protect the sources, this writer will not give much background on the people. But this young man was someone we knew quite closely once.  He is an educated professional. This writer will not edit his comments nor spell check for authenticity. But will love to hear solutions from socialist academics and experts on this forum about what next? Sri Lanka went through enough absurd state controlled inefficient, incompetent and corrupt events to know socialism of that nature fails and it was an epic failure that led to haal polu, miris polu, bread queues and suffering of the masses and overnight rich low and middle level bureaucrats who played the system 
 This writer was fortunate to be a student at a government school with people from all segments of society who were relentless in venting their anger and frustration openly and sometimes with invectives in his face for no sin of his but, sadly because of this writer’s life fate to be part of the ruling family that imposed such hardships on the masses and deservedly got routed in 1977. This writer was blackguarded at the local Samuupakaaraya or Cooperative store in Colombo 5, when he went with his ration cards and the driver for the state blessings of sugar and karawala and maldive fish etc. Are Venezuelans suffering the same way because of blind state control and nationalization? In response to this writer’s question about the images about food shortages he sent this picture with the comment below it taken just now.  Just like in Sri Lanka, it will always be the poorer classes who suffer first and foremost.
This is just now as we speak… you tell me about people starving and looking out for something in the trash… now you tell me… I didn’t even have yo look for that… I see that everyday almost everywhere
More than likely Maduro will fall and his army will not fight if the US intervenes; even if their intervention will not be entirely altruistic because of the tremendous oil reserves in Venezuela. But how did it become such a basket case? Whichever way, this young man’s commentaries from inside are far more valuable than pontifications from self-proclaimed intellectuals.
Current message received today early morning Feb 27-2019
Hey mano how’s it going? We’re just fine! Actually waiting for our fellow American’s arrival… as well as 90% of Venezuela’s population. Crazy things have been taking place in the last days here. Here are some facts That you might not know and could help you understand the situation: – Guaido (president in charge) was out of political sight a month and a half ago. He was in the congress but sincerely hi didn’t stand out. – Guaido is from Leopoldo Lopez ‘s party “Voluntad Popular. – Leopoldo is a key figure for Washington in Venezuela. He’s home arrested right now. – A very close friend of mine is in Cúcuta (Colombia) right now working for Voluntad Popular’s Lester Toledo (he has political asylum in the US right now) and she told me a few days ago that the whole movement is being planned by Toledo, Guaido and Leopold, supported by the US government as well as Colombia and Brazil. – Maduro claims the lack of medicine and food is due to US and Europe’s sanctions over some memebers of the government (he actually says that the money “That was stolen” was mente to be used for humanitarian resources). – between 85-90% of our population wants maduro out
 and around 65% agree for an international intervention. – Maduro and his gang want to hold on to the power doing whatever it takes: according to some military members that deserted and escaped to Colombia and Brazil last week (around 160 officials between national guard, special forces and the political police) they took prisoners and armed them to “defend the revolution” in the border line with Colombia and Brazil. – Their propaganda right now is about victory. They claim they beat Americans and Colombians that wanted to invade. – The government says they are going to arrest Guaido when he comes back to Venezuela (He’s in Bogota right now) because he had a restriction for going out of Venezuela. – The US said they would react dramatically if Maduro and his gang mess with Guaido or his family. They would consider that action a kidnap since They are no long government. They would be acting as a guerrilla. In other things… people here are very ancious. Some are pressuring Guaido for him to call on the international intervention right away, others like me are just eating pop corns and waiting for the action sequence, and other want maduro out but do not share the idea of an intervention…. at last there are the chavistas but they’re a piece of shit so their opinion doesn’t matter whatsoever LOL. Nice to hear (or see) from you. Greeting to ****************. If you have any other question please let me know.

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President can’t delay punishing PRECIFAC probe culprits - JVP


RANMINI GUNASEKARA-FEB 28 2019

There’s no excuse for the President to delay punishing the culprits identified by the Presidential Commission of Inquiry (PCoI), to investigate and inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC), said JVP Leader Anura Kumara Dissanayake today (28).
Dissanayake was speaking at a Media conference at the JVP headquarters.

“The President has now said that he cannot punish the culprits of the Central Bank Treasury Bond scam because they’re part of the current Government. But PRECIFAC found frauds committed by 33 people. These are the likes of Opposition Leader Mahinda Rajapaksa, former Defence Secretary Gotabaya Rajapaksa and Parliamentarian Wimal Weerawansa. But none of these people are part of the Government. So what’s stopping the President from bringing these culprits to justice?”

He further alleged that the President’s private secretary was also one of the culprits identified by PRECIFAC.

“So right now, the President has employed people who were accused by his own Presidential Commission. This is a desperate attempt from a President vying for a chance to become the Presidential Candidate again.”

SriLankan ordered costly VIP kit

Ex-SC judge: ‘Do we need Air Force One like facilities?’


No photo description available.

By Rathindra Kuruwita- 

SriLankan Airlines had requested Airbus a VIP kit in 2013 though it was earlier stated that it was Airbus’s idea to offer us the kit as a token of appreciation, the Presidential Commission of Inquiry (PCoI) on irregularities at SriLankan Airlines, SriLankan Catering and Mihin Lanka was informed, yesterday.

Senior State Counsel Fazly Razik, who led the evidence presented the PCoI with a document, from Airbus which indicated that it was UL that had requested the VIP kit.

"This shows that it was UL which requested a VIP kit and two VIP aircraft, in which the kit can be fixed," he said.

Razik then asked Mayuka Ranasinghe, Head of Group Legal Affairs, who gave evidence yesterday, whether such a kit would affect the commercial activities of the aircraft as the Kit required the removal of a number of seats. The VIP kit included two beds, conference facilities, sitting area and space for security. "I don’t know what the CEO and the Senior management thought," Ranasinghe said. "Maybe they wanted to use it in a charter flight."

Chairperson of the PCoI, retired Supreme Court Judge, Anil Gooneratne commented that SriLankan must think about the situation of the country before thinking of creating Air Force One like facilities. "Why do we want VIP kits on our planes? Is it a necessity? We are a third world country. Even though Colombo is now colourful, we have a long way to go," he said.

Earlier this week SriLankan officials told the PCoI that Airbus offered SriLankan Airlines a VIP kit, worth USD 15 million, for former President Mahinda Rajapaksa’s use, as a goodwill gesture. It was to be installed to A330 – 300 aircraft during the re-fleeting programme in 2013.

The free tabs initiative is a worthy investment if the objects are articulated and outcomes monitored



logoFriday, 1 March 2019 

The Budget of the Government of Sri Lanka for 2017 included a line item for Rs. 5 billion to provide free tabs for students who enter the Advanced Level (A/L) classes in public schools. It was a long overdue allocation of funds to fulfil a campaign promise made by the UNP in 2015. Unfortunately, the issue has become a political football while initial costs are escalating. Poor articulation of the initiative is to blame, I believe.

Once the politicians layout the vision, it is the responsibility of bureaucrats to articulate the vision as a convincing proposal. Such a proposal should inform the Cabinet and the public as to what learning outcomes are expected. Besides the cost of devices what other support systems are needed? How would we know the success of investment? It is not rocket science. It is essentially how one would write a good policy proposal.

So far we have heard nothing but details of a questionable procurement process. Once procured, what would the students or the teachers do with a shiny new tab in each student’s hand? How would that device translate into learning outcomes? A map of such a process is what we call a ‘theory of change’, a tool used in public policy design. Procurement specifications should match the intended mode of use. Since the bureaucrats have not done their homework, this column is an attempt to inform the Cabinet sub-committee looking into the free tabs proposal.

Computers and learning

The link between computers and student learning is hard to establish, but it is universally accepted that without the experience of using of technology for learning, students will be ill-equipped to deal with the rapidly changing work environment where learning to learn using technology is the only way to survive. Further, the GCE (A/L) is a highly competitive examination where we choose less than 10% of a given youth cohort for a free-of-charge higher education. In spite of decades of investments in public education, opportunities to qualify for these free-of-charge slots are not equally available. Tabs could make access to quality content more equitable.

A tab is a more portable version of computer which is suitable for young adults. In the context of Sri Lanka, our research point to at least three good objects for handing out free tabs for A/L students:
  • Digital content for students sitting for GCE (A/L) academic stream 
  • Hands-on learning for students entering the new vocational education stream
  • Digital literacy for all 16+ youth attending school
Whether such objects have been thought out or not in the tabs initiatives, it is not too late for the Ministry of Education to better articulate and communicate their budget request.
Digital content for GCE A/L
The GCE (A/L) curriculum is overloaded with content and teachers find it difficult to cover the material during the course of two years students spend in Years 12 and 13. Syllabi are available online but not textbooks. Students depend on teachers, more importantly the tuition masters, to deliver the content which students then take down as notes. In particular, students find previous years’ marking schemes as content directly relevant to the exams.

Tuition masters are good at directing lessons to the examination questions, and not surprisingly, students flock to them. In fact, in a recent study by the National Institute of Education, the researchers found that 72% of students do not attend school in the second-half of Year 13.

If the tabs are loaded with the subject matter matching the subjects each student is offering for A/L, the teachers can spend more time doing tutorials and laboratory work which are more interesting. If the students still prefer to miss school and use the tabs in combination with tuition classes, it is up to the teachers to work harder to make their lessons more meaningful.
Hands-on learning for the vocational stream
The ‘13 years of schooling’ policy of the present Government is currently in an advanced pilot stage and is to be fully implemented in 2020. It means that the full cohort of about 275,000 who sit for GCE (O/L) examination in 2019 December will enter their Year-12 of schooling with or without securing the required number of passes and credits at the GCE (O/L). Those who do not expect to receive the required number of passes or wish to opt out of the academic stream now have the option to follow a vocational education stream. Recently I had the opportunity for an informal chat with a group of students from one of the pilot schools. Their most pressing problem was lack of access to computers with internet. Their curriculum which is of an applied nature is indeed well suited for delivery around a tab.
Digital literacy
Currently, almost 50% of a given youth cohort drops out of school before or after the GCE (O/L). The tabs initiative coupled with the 13 years of education program can be used as an opportunity to attract more of our 16+ youth to schools and give them the digital literacy and other cross-cutting competencies critical for facing an the workplace of the future.

In its sustainable development goals UNESCO defines digital literacy as the ‘ability to access, manage, understand, integrate, communicate, evaluate and (synthesise) information safely and appropriately through digital technologies for employment, decent jobs and entrepreneurship (Indicator 4.4.2). It includes competences that are variously referred to as computer literacy, ICT literacy, information literacy and media literacy’.

The first step in digital literacy education is access to digital sources of information. In a good practices study of ICT use in a selected set of ‘popular’ schools, we found that teachers, principals and parents use a variety of approaches from a strict ‘no-no’ to ‘guided-use’ of the internet for their students. A first step in the tabs program would be to develop a set of guidelines for accessing the internet at school. Use during school should be strictly for education purposes. What these adolescents do at home is harder to control. A video on safe use of the internet should be developed and made mandatory for students receiving the tabs and their parents to view the video. It will be up to the parents to decide how the students use the tabs at home. The curiosity of youth would not be any different from the ‘60s or earlier when, at least for us girls, reading Lady Chatterly’s Lover, was the guilty pleasure. Unfortunately, less literary internet porn is the equivalent for youth today. I would not be surprised if most of the adolescent students today, with or without free tabs, have had some experience with internet porn. The tabs initiative can be used to educate them in a more systematic manner to deal with the onslaught of porn on the internet.

A method to assess digital literacy is needed next. The list of tasks that are part of the definition of digital literacy provides a guide I believe. For example, a selected set of school assignments can be graded for indications of digital literacy they demonstrate including competency in search-screen-assess-synthesis tasks. Such assignments of course should be first given to the teacher in charge to assess his/her own digital literacy.
Consider a pilot 
The price tag for a system-wide implementation of the tabs initiative is likely to exceed the initial 5 billion by 1-2 additional billions. What is more prudent at this stage would be to implement the initiative as a pilot project which is also an action research project in order to design a better and more efficient program for the future.

There is little time between now and a general election. A costly full-scale program increases the chances of misadventures and attacks from the opposition. A comprehensive pilot program, well-articulated and implemented as an action research project, will give the Government more bragging points and a reason for seeking re-election to continue a tried and tested innovation.
(The writer can be reached via sujata@lirneasia.net.)