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, March 28, 2019

First living HIV-positive donor provides kidney for transplant in medical breakthrough

Johns Hopkins University said it has transplanted a kidney from a living, HIV-positive donor to an HIV-positive recipient. 

Surgeons at Johns Hopkins Hospital have transplanted a kidney from a living HIV-positive donor to an HIV-positive recipient, a medical breakthrough they hope will expand the pool of available organs and help change perceptions of HIV.

The donor, 35-year-old Nina Martinez, and the recipient, who chose to remain anonymous, are recovering in the hospital after Monday’s surgery, doctors said. The recipient no longer needs kidney dialysis for the first time in a year.

The procedure is another step in the evolution of HIV — considered to mean certain death when the AIDS epidemic began in 1981 — and an advance for the 1.1 million people who carry the virus. Medication today can suppress the infection to undetectable levels in many people, and President Trump recently vowed to end transmission of it in the United States by 2030. But stigma still remains.

“Society perceives me, and people like me, as people who bring death,” Martinez said in an interview Saturday before the operation. “And I can’t figure out any better way to show that people like me can bring life.”

Martinez, who acquired HIV from a blood transfusion as an infant, appeared at a Hopkins news conference Thursday to announce the surgery, the first of its kind. She said she feels well and is looking forward to training to run in this October’s Marine Corps Marathon in Washington.

“People with HIV today can’t donate blood, but now they’re able to donate a kidney,” said Dorry Segev, a professor of surgery at the Johns Hopkins University School of Medicine, who led the research team and removed Martinez’s left kidney. “They have a disease that 30 years ago was a death sentence. Today, they’re so healthy they can give someone else life.”


Nina Martinez is the first HIV-positive live kidney donor. (Andre Chung/for The Washington Post)

Surgeons have transplanted 116 organs from deceased HIV-positive donors to recipients with HIV since 2016, when a new law allowing that surgery took effect. Among people without HIV, more than 152,000 kidneys from living donors have been transplanted over the past 30 years, and a few hundred livers from live donors are implanted each year.

More than 113,000 people are on the U.S. waiting list for organ transplants, most of them seeking kidneys. Others are too sick to be listed, or are taken off the list when their disease progresses too far.
Until now, leaving an HIV-positive person with just one kidney was considered too dangerous because the infection and the medications that control it increase the chances of kidney disease.

But a 2017 study of 42,000 people led by Hopkins researchers showed that for some healthy HIV-positive donors, the risk of developing serious kidney disease is not much greater than it is for many HIV-negative people, especially those who engage in behaviors such as smoking.

Martinez’s organ was implanted in the recipient by a separate team of surgeons, the normal procedure in transplantation. The operation was performed by Niraj Desai, an assistant professor of surgery at Hopkins.

The kidney was implanted near the recipient’s pelvis through a six- to eight-inch incision in the abdomen, and the recipient’s kidneys were not removed, as is common practice, Desai said. Kidney recipients can expect 20 to 40 years from a transplanted kidney, Segev said, with those who receive live kidney donations doing a little better than those who get the organs from deceased donors. After that period, the recipient would require another transplant or go back on dialysis, he said.

Martinez and the recipient will remain on antiretroviral medication indefinitely to control their HIV. Because they may have different strains of the virus and different resistance to HIV medication, doctors must monitor the recipient closely in the months after the donor organ is introduced. The recipient will also take drugs to prevent organ rejection. Those are not expected to significantly interfere with the HIV-suppressing medications.

Martinez is in near-normal physical health. Her viral load is undetectable. “Her health is excellent. Her HIV is well-controlled. Her immune system is essentially normal,” said Christine Durand, an associate professor of medicine at Hopkins and a member of the team that evaluated Martinez.

In 1983, Martinez and her twin sister were born 12 weeks prematurely in San Jose and soon developed anemia. The daughter of a naval officer, Martinez was taken to a military hospital in San Francisco for a blood transfusion in the days before the supply was tested for HIV, and she acquired the infection. She and her family were not aware of it until she was checked before eye surgery at the age of 8.

She was watched in school to ensure she wasn’t a health hazard to other children, she said. She later learned that one principal asked, “Why are we educating her with public dollars if she’s going to die?”

When a housemate found out she had HIV, he moved out, leaving his belongings behind.
“It gives me great joy to know that I’m putting a story like this out there,” she said. “Because those people need a mental reboot.”

A public health consultant who lives in Atlanta, Martinez was aware of the HIV Organ Policy Equity Act, the law allowing the surgery, when it was passed in 2013. The next year, she saw an episode of the television show “Grey’s Anatomy” in which the writers invented a story about a transplant from a live, HIV-positive donor.

When an HIV-positive friend needed a kidney, Martinez grew more serious about the idea and contacted Hopkins to volunteer for the grueling test regimen that enabled her to become the first donor in its clinical trial. But Martinez’s friend died before she could donate to him.

She believes her choice will ripple down the transplant waiting list.

“When I take this recipient off the list, everyone moves up,” she said, “whether they have HIV or not.”

Dogs can smell epileptic seizures


Dog nose

French scientists say they have proof that dogs can pick up the smell of an epileptic seizure.
The University of Rennes team hope the findings could lead to ways to predict when people will have a seizure.
These could include dogs or "electronic noses" that pick up the precise odour being given off during a seizure.
Dogs have previously been shown to be able to sniff out diseases including cancers, Parkinson's, malaria and diabetes.
  • Epilepsy is caused by disruption to the electrical signals in the brain causing seizures
  • The disease can run in families or be caused by a stroke or oxygen deprivation at birth
Some people with epilepsy already rely on the animals.
One sleeping in a child's bedroom can alert family members of a seizure in the middle of the night.
The latest study, in the journal Scientific Reports, trained five dogs from Medical Mutts, in the US, to recognise the smell of sweat taken from a patient having a seizure.
They were then given a choice of seven sweat samples taken from other patients while they were either relaxing, exercising or having a seizure.

First step

Two of the dogs found the seizure sample about two-thirds of the time and the other three were 100% accurate
The report says: "The results are extremely clear and constitute a first step towards identifying a seizure-specific odour."
That would require detailed chemical analysis to identify the specific compounds involved.
It is also unknown how an epileptic seizure leads to a change in smell.

Help patients

Dr Amelie Catala, from the University of Rennes, told BBC News: "Further research is needed but it is possible that the change in electrical activity triggers the releasing of some neurohormones that will in the end trigger the scent or that it is linked to stress-related molecules and pathways, or anything else - all hypothesis are still to be considered."
But the researchers hope the field could eventually help patients.
"It could lead to significant improvements in terms of seizure detection or prediction systems," the report adds.
And that could give time for someone to call for help or get themselves somewhere safe before their seizure begins.
Follow James on Twitter.

Wednesday, March 27, 2019

SRI LANKAN OFFICIAL MISREPRESENTS DISCUSSION OF UN HUMAN RIGHTS REPORT — BACHELET



Sri Lanka Brief27/03/2019

GENEVA (27 March 2019) — UN High Commissioner for Human Rights, Michelle Bachelet said Wednesday that a newspaper article quoting a senior Sri Lankan official “seriously misrepresents” her discussion of the recent UN Human Rights Office report1 on Sri Lanka with a Government delegation attending the Human Rights Council in Geneva on March 20.

Monday’s article in Sri Lanka’s Daily Mirror newspaper cited a member of the Government delegation, Northern Province Governor Dr. Suren Raghaven, claiming the High Commissioner “admitted that certain facts incorporated in the UNHRC report against Sri Lanka could not be condoned whatsoever.” It also said he claimed she had advised two of her senior officials who attended the meeting “to be more responsible and cautious hereafter.”

“Neither of these claims are true,” Bachelet said. “Either the newspaper misunderstood the Governor, or the Governor misunderstood – or misquoted – me.” The High Commissioner said she stands fully behind the report and the oral statement2 she made when presenting it to the Human Rights Council, and that she believes it fairly and objectively reflects the situation in Sri Lanka.

 “I am deeply disappointed by the spin that has been put on my discussion with the Sri Lankan Government delegation,” she said, noting that other news outlets in Sri Lanka were also continuing to significantly misrepresent the Human Rights Council process in Geneva.

In line with normal practice, the UN Human Rights Office report – which had been requested by the 47-member-state Human Rights Council – was shared with the Sri Lankan Government in advance of its publication. The government’s views were taken into account when finalizing the report, and a delegation of senior UN human rights officials discussed its contents with a wide range of Government officials during a visit to Sri Lanka in February.

The High Commissioner said she and her Office remained committed to assisting the Government and people of Sri Lanka to implement the Human Rights Council’s resolutions 30/1 (2015) and 34/1 (2017). And last week the Human Rights Council in another resolution (40/1) gave the Government two more years to deliver fully on the set of commitments it originally accepted four years ago.

 Bachelet said the Sri Lankan Government should now refocus its efforts on fulfilling its obligation to provide justice and accountability for the grave human rights violations and abuses that took place during the conflict that ended in 2009, and honour its commitments to establish the truth about what happened and to promote reconciliation.
ENDS
 1 Click here to view the report https://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session40/Pages/ListReports.aspx
 2 Click here to view the oral statement https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24371&LangID=E

Sri Lanka hesitates on Japan loan citing conditions too harsh

27 March 2019
The Sri Lankan government is reported to be hesitating over Japan's US $1 billion loan for the third phase of the Central Expressway project, stating the conditions attached are too severe. 
Japan has reportedly said the project would be cancelled if there was bribery or corruption involved. 
Speaking to the Sunday Times, Sri Lankan Treasury External Resources Department Director General, Priyantha Rathnayake said, "the government was not agreeable to such conditions as it was difficult to negotiate on these terms."
"The loan under negotiation had no link with the IMF facility and the government could not be held responsible if a third party got involved in a bribery issue."
"The loan under negotiation had no link with the IMF facility and the government could not be held responsible if a third party got involved in a bribery issue," he added. 
Read more here

Army At Odds With Prez, Lauds HRCSL

logoContrary to the President’s view on Human Rights Commission of Sri Lanka, Sri Lanka Army has today expressed their gratitude and respect for the work done by the Commission.
Issuing a communique Sri Lanka Army said: “It is Human Rights Commission of Sri Lanka (HRCSL) that assists Sri Lanka Army, as in the case of other sister services and Police, in obtaining HR clearance for its troops who have been selected for embark on this noble duty of UN peacekeeping. In that effort Sri Lanka Army and HRCSL maintain highly cordial and professional relationship with mutual understanding and respect for difficulty of carrying out their respective roles which are open to the public domain.”
“It is the opinion of the Sri Lanka Army that we as Sri Lankans, should be proud that UN selected HRCSL, our own organization, to carry out the domestic mechanism in HR screening process. However, the task is not that easy as thousands of applications have to be scrutinized as all three Services and the Police are engaged in UN peacekeeping, apart from the duties that HRCSL has to perform according to its prime mandate,” Army Headquarters further said.
We publish below the statement in full:
PRESS RELEASE ON DEPLOYING OF SRI LANKA ARMY TROOPS IN UNITED NATIONS PEACEKEEPING MISSIONS AND OBTAINING OF HUMAN RIGHTS CLEARANCE FROM “HUMAN RIGHTS COMMISSION OF SRI LANKA (HRCSL)”
Sri Lanka Army (SLA) has rendered a significant contribution to United Nations peacekeeping missions and assisted the UN in its effort to maintain peace and security throughout the world. Participation of Sri Lankan Army peacekeepers in the UN missions goes back to late 1957, to the first ‘classical’ peacekeeping mission, First United Nations Emergency Force (UNEF 1), to end the Suez War. It followed up with a small scale contingent deployed in Democratic Republic of Congo (MONUC) in 1960. After several decades of silence, due to domestic upheavals, Sri Lanka Army re-commenced its contribution to United Nations with a deployment of an infantry battalion in Haiti in 2004 (MINUSTAH), which lasted till the close down of the mission in 2010.
As at present, troops of Sri Lanka Army deployed in 06 UN missions and working as Staff Officers in the UN Headquarters – New York. There more than 400 troops deployed as members of three contingents in Lebanon, South Sudan and Mali, and 35 officers serving as Staff Officers and Military Observers in number of UN missions and also in the UN headquarters – New York. There have been altogether  more than 18600 troops have served as UN peacekeepers and some have paid the supreme sacrifice in their effort in making the world a peaceful planet to live with harmony.
Apart from being subjected to strict selection process, one of the compulsory prerequisite for anybody to don the “blue Helmet” is, being cleared of Human Rights (HR) violations. It has been the practice throughout in UN for all nationals, and Sri Lanka Army has been enthusiastically engaged in that process in view to produce the best of peacekeepers. 
It is Human Rights Commission of Sri Lanka (HRCSL) that assists Sri Lanka Army, as in the case of other sister services and Police, in obtaining HR clearance for its troops who have been selected for embark on this noble duty of UN peacekeeping. In that effort Sri Lanka Army and HRCSL maintain highly cordial and professional relationship with mutual understanding and respect for difficulty of carrying out their respective roles which are open to the public domain.
It is the opinion of the Sri Lanka Army that we as Sri Lankans, should be proud that UN selected HRCSL, our own organization, to carry out the domestic mechanism in HR screening process. However, the task is not that easy as thousands of applications have to be scrutinized as all three Services and the Police are engaged in UN peacekeeping, apart from the duties that HRCSL has to perform according to its prime mandate. 

Read More

Christchurch attacks changed online journalism irrevocably



27 March 2019

From the boiler room level 34C in Colombo, I had just landed in the cooler levels of 20C of Kathmandu for a few days and was looking forward to the drop in heat. I was preparing for a talk with a group of transnational journalists later in the morning, when a message appeared on my twitter feed that said that there was a shooting in Christchurch, New Zealand. Tragic news, but seemed very ordinary. 

Soon several other messages appeared that said police had effectively put the city on lock-down – a suggestion that the incident could be potentially serious. Then came the most ominous update which said that the attack may have been live-streamed. 


Soon the details of the attack and the live-stream became clear. My talk was going to be on trauma sensitive journalism. I also wanted to talk of a new line of research that I had been interested in the last year or so – the trauma dangers of online journalism. This attack had suddenly made that talk all the more important and pertinent. 

There were around ten to a dozen participants, all of them relatively experienced and some whom I knew personally. Before I began my talk, I warned them that the Christchurch attack had changed the way we would look at trauma impact and online journalism irrevocably. I showed a small portion of the live-stream to the participants, at least one left the room during that time but returned after the video ended. 

The live-stream itself had not been viewed that much, less than 200times according to Facebook. But Facebook itself took down 1.5m uploads of the video or parts of it within the first 24 hours. That is a massive figure. 

Journalists and other media professionals have been engaging in online journalism for decades now – it is probably as old as the internet itself, or may be a bit younger. In 1998, I did my first international report when a Norwegian tabloid saw my story of a Norwegian paedophile arrested in Negombo. I was able to get his home town details off the net using a dial-up connection and Netscape Navigator. 
The live-stream itself had not been viewed that much, less than 200times according to Facebook. But Facebook itself took down 1.5m uploads of the video or parts of it within the first 24 hours. That is a massive figure
Since then potential of web based journalism has evolved like we never anticipated. The web is a possibility of billions of sources and billions of consumers. In the same breath, it is also a source of billions of dangers – from trolls, to threats, to attacks to impact of being confronted with graphic content. 

The impact of graphic content can be slow on-setting but devastating. From photo-editors, to content managers, to others mining the net for information could be confronted with such content by choice or otherwise. It is the same as the psychological dangers faced by reporters who go into conflict zones, or those who cover the police beat or regularly go into natural disasters. 

It could also be someone who does not cover these beats regularly or someone new is thrusted into covering such graphic content purely by coincidence. It is not safe, not safe at all, for journalists and others to view and consume such content without preparation for the impact. 

Commenting on the Christchurch video Andy Cravin, Senior Research Fellow with the Digital Forensic Research Lab wrote – “It’s incumbent upon all of us to care for ourselves and make sure we’re not harming ourselves or others through unnecessary exposure to graphic imagery. It numbs our sensitivity, damages our psyche, and distorts our worldview in ways that help no one except the people who want us to fall prey to online violence and violent propaganda.” 

Sanjana Hattotuwa, a close friend who is currently based in New Zealand wrote, “terrorists know and now increasingly exploit it, weaponising the unending global popularity of social media to seed and spread their ideology in ways that no existing form of curtailment, containment or control can remotely compete with.” 

When I filed by first report on that Norwegian paedophile, any picture off the net would have worked, unless it was pornographic or extremely graphic. Later years these too made the cut.
Now we know better or we should, we know better that the open space of the net can be and is being abused. We know better that exposure to graphic imagery could be extremely dangerous. We know better that those who act as interlocutors between the massive audience and individual content providers need to balance their mental well-being as well as the good of the larger audience. 

We are working in a universe where there is danger hiding behind each swipe. It is important we understand that danger and its evil reach into the innermost core of our well-being. We need to prepare ourselves for the impact, save ourselves from it and make sure that others are saved as well.

The author is the Asia-Pacific Coordinator for the DART Centre for Journalism and Trauma, a project of the Columbia Journalism School Twitter - @amanthap

SRI LANKA: Recognising the missing legal system



A well-functioning legal system can be measured by its response to daily crimes and complaints. This is a much better test in fact, rather than a country’s constitution (in Sri Lanka’s case, the 1978 constitution still remains a major barrier to the functioning of a legal system), or statutes, or judicial presence, all of which are often portrayed as an indicator of a good system.

Several such crimes and incidents occurred in the last few days, which did not receive their due publicity and national attention. It was reported from Rawathawatha, Moratuwa that when some drug dealers were arrested and taken for questioning, quite a sizable number of people gathered on the roads and congratulated the police by clapping and cheering. This unusual response to a police arrest indicates the anxiety of people experiencing the ill effects of illicit drugs on their children and loved ones. The clapping and cheering is the people’s appreciation at the rare concrete action taken by the government to address this particular social ailment.

In another incident, some people traveling in the expensive and elitist Defender, driving at unusual speed and without respecting road rules and traffic lights, knocked down the OIC Traffic Officer of Borella. With the vehicle being a Defender, and the subsequent attempt to shirk responsibility, there is a general apprehension that those involved in this crime have high political connections. Meanwhile, after struggling for nine days in Colombo National Hospital’s ICU, the OIC passed away. The funeral was attended by the Honourable President, Honourable Prime Minister and Honourable Speaker, among others. Two million rupees are reported to have been given to the OIC’s widow, and five hundred thousand each for his underage children. It may be asked whether this sum represents the value of the deceased OIC.

The OIC, like other officers engaging in risky operations, needs to receive the same attention as those soldiers and others who are killed during the war. They both do their duties under the risks for their lives, and this should be recognized. The lifelong payment of their salary to their families should be the minimum done for those officers who die in duty.

What is important here, however, is the people’s apprehension to the incident, and the seeming protection enjoyed by those driving the vehicle. As yet another instance of reckless driving occurring throughout the country, leading to many injuries and deaths, the accident indicates general lawlessness in the country. The political protection and impunity enjoyed by the alleged perpetrators is yet another indicator of the lawlessness prevailing in the country.

A more shocking incident happened around the case of KARANNAGODA VS CID, a fundamental rights application petition to stop the possible arrest of KARANNAGODA. It has been pointed out that once the investigation into the crime is over, and the suspect is to be brought before the court, he should be arrested. In the case of an ordinary citizen, the arrest happens even before the inquiries begin or are completed. In this case, however, it has been reported in the Colombo Telegraph and other reputed publications, that it was the intervention of the President himself, which prevented such arrest through his intervention with the Attorney General’s department.

It was revealed that the two officers to be prosecuted on behalf of the state have been visiting the President asking for a place in the Supreme Court. This recalls Mr. Mohan Peiris, who was disgracefully removed from the Chief Justice position in 2015, and thereafter visited the President twice, asking the President keep him in the same post, and that he will do whatever the government and the President wants.

The two officers, in this case, are charged with abetting the crime of abduction and murder. Their status as war heroes in a war that ended in 2009 cannot absolve them from responsibility or equality before the law. The world over, there are numerous examples of war heroes and national heroes who have been subsequently punished for crimes committed. The very notion of equality before the law recognizes no special place for any heroes.

The accusation that the President has influenced the Attorney General’s department on this issue needs a clear answer from the President or his office. This amounts to the head of state destabilizing the legal system in a very serious manner.

All the above incidents point to a serious crisis of the state. A crisis of the state is far more consequential than an economic or social crisis. A well-functioning state is essential for any possibility of resolving other crises. However, the country’s media and others are largely silent on these issues. Living inside a sinking ship, they listen to the political speeches of how prosperity and economic progress was brought to the country. Each day proves the folly of this situation, but there is hardly any attempt to correct it. In 2009, the Asian Human Rights Commission published a book entitled, Sri Lanka’s Legal System as The Phantom Limb. Phantom limb refers to the belief of an amputee that his lost limbs still exist. They complain of pain in those missing limbs. In Sri Lanka’s current legal system, continuing the rituals and filing fundamental applications is simply addressing a phantom limb that does not even exist. The only way forward is to recognize the missing limb, and then move ahead.

The Second Child Abuser Of Sri Lanka: The Judiciary 

logoI think all of you have heard about Dr Tush Wickramanayaka’s struggle against corporal punishment. Few days ago, the highest court of the land deemed her fundamental rights petition, seeking justice for her daughter subjected to corporal punishment at Gateway International School, not worthy of leave to proceed. If an ex-Prime Minister’s daughter, a “privileged woman” by Sri Lankan norms, cannot negotiate even a crumb of justice from the judiciary for an eleven year old child, we can only imagine the plight of the “commoner” seeking justice.
Dr. Tushara Wickramanayaka
On March 22, 2019, the Supreme Court has refused granting leave to proceed Dr Tush Wickramanayaka’s fundamental rights case seeking justice for her daughter.
In this backdrop, this is the Part 2 of my previous article on the subject of corporal punishmentand child abuse titled “First Child Abuser Of Sri Lanka”. 
Child Abuse – How Big Is The Problem?
On 24th March 1996, Prof Harendra De Silva, renowned paediatrician delivered a keynote address at the Annual Sessions of the Sri Lanka Medical Association (SLMA) where Dr. Tara de Mel was the Secretary to SLMA and was also an advisor to President Chandrika Kumaratunga. 
Since the early 90s Prof Harendra De Silva has been an advocate for child rights in general. Upon the request of a group of media personnel he initiated a series of public lectures and media interviews on the subject. Independent of De Silva, certain NGOs such as Don Bosco and PEACE had lobbied President Kumaratunga against sexual exploitation of children by tourists and issues on child soldiers.
Chandrika Bandaranaike Kumaratunga – Pioneer Of Reform
It was almost always the natural tendency of President Kumaratunga to spend most of her office in self-destructive political practice which earned her the disdain among her colleagues and people, rapidly declining her initially unprecedented popularity to the pits of the political earth. However, the child rights activists would forever remember her as the one politician who had the vision to initiate the ground breaking policy reforms in the sphere of child rights. 
*In 1994, as the Chief Minister of the Western Province, Chandrika Bandaranaike Kumaratunga, took up the issue of sexual exploitation of children by foreigners. Later as President she spearheaded law reforms that resulted in the Penal Code (amendment) Act No. 22 of 1995. The highlight of the amendment was a provision that strengthened the law governing sexual offences and offences against children. The amendment concentrated on defining offences that were previously not defined or described adequately. Further they increased sentences, and included mandatory jail sentences for some offences. 
Chandrika Kumaratunga
Professor Harendra De Silva – Unsung Hero
In December 1996, President Kumaratunga appointed a task force on child protection, chaired by Prof Harendra De Silva. De Silva’s commitment and expert contribution was largely considered a tipping point of the Child Rights discourse in Sri Lanka. 
* The task force recommended several legal amendments, including the establishment of a National Child Protection Authority (NCPA). In addition, the task force recommended a number of amendments to existing law that were subsequently enacted and are now in force. These are:
* The new amendment to the judicature act dispensed with the non-summary inquiry in the case of statutory rape (the rape of children below sixteen years of age). This reduced the duration of the court procedure that the child must undergo. Previously practiced preliminary hearing was often protracted and sometimes psychologically traumatised the child.
* Expansion of the magistrate’s authority to detain alleged perpetrators of child abuse (Code of Criminal Procedure Amendment, Act No. 28 of 1998). Previously, the magistrate was only empowered to detain an alleged perpetrator of child abuse for investigative purposes without a warrant for one day. The new amendment expanded this period of investigative detention to three days. It also gave priority to cases of child abuse and introduced a referral form for victims of child abuse. 
* Increasing the scope of prohibited conduct. For example, Act No. 29 of 1998 amended the penal code to prohibit the use of children for purposes of begging, procuring sexual intercourse, and trafficking in restricted articles. The amended penal code also imposes a legal obligation on developers of films and photographs to inform the police of indecent or obscene material involving children. 
* The presidential task force recommended other legal amendments that are now in the process of being enacted and implemented. One proposed amendment was the Evidence Ordinance that would admit video evidence of’ a child witness’s preliminary interview. Other recommendations were, dispensing with the requirement that a child witness take an oath and enabling age indication on a doctor’s certificate to serve as prima facie proof of age where age is relevant in a case and there is no better evidence available. 
Prof. Harendra de Silva
Birth Of The National Child Protection Authority (NCPA)
* One of the most important recommendations of the presidential task force on child protection was the establishment of a National Child Pro­tection Authority (NCPA). The NCPA bill was presented in Parliament by the Minister of Justice in August 1998 and was passed unanimously in November 1998 (NCPA Act’, 1998). The act was gazetted in January 1999, and the board of the NCPA was appointed in June 1999. Prof Harendra de Silva was its first chairman. 

Read More

Electing a set of effective leaders who could lead the country to prosperity

logoWednesday, 27 March 2019

Readers might remember the article by this writer that appeared in the Daily Financial Times on 26 February titled ‘How can Sri Lanka avoid imminent economic collapse and extreme poverty?’
(http://www.ft.lk/columns/How-can-Sri-Lanka-avoid-imminent-economic-collapse-and-extreme-poverty-/4-673514).

The Sinhala version of this article appeared in the Sunday Divaina of 24 February.

In these articles the strategies that have to be adopted to overcome political and policy instability particularly to attract Foreign Direct Investment (FDI) and measures to promote the improvement of the competitiveness of goods and services especially for export were mentioned.

What was not mentioned is that Sri Lanka needs to elect leaders who are capable of making all this happen to realise prosperity. Examples of such leaders are Park Chung Hee of South Korea, Deng Tsiao Ping of China, Mahathir Mohammad of Malaysia and   of Singapore. Sri Lanka unfortunately has not been blessed with such leaders up to the present time.

Deng Tsiao Ping
Park Chung Hee
Lee Quan Yew
Mahathir Mohammad
The people of this country in fact feel that their leaders have not only failed to deliver on their basic needs but have also led the economy into a situation of bankruptcy, while robbing the taxpayer and in addition apparently conspiring to protect each other from prosecution. Hence the need to elect two new but effective leaders – a president and a prime minister – at the forthcoming elections.

What is the definition of an effective leader anyway? According to the Business Dictionary it is ‘the style of leadership in which the leader identifies the needed change, creates a vision to guide the change through inspiration, and executes the change with the commitment of the members of a group’. In fact in this article, effective leadership is described as, a) the ability and passion on the part of a person to convert a dream or a vision on behalf of the people into reality, b) by making ethical or moral judgments about the most practical key result strategies and actions to be implemented, c) by continuously communicating them among followers and d) inspiring a small team of people with the right kind of skills for executing them in an extraordinary manner; note the words used to describe an effective leader, especially the word ‘passion,’ which pushes the person concerned to overcome any difficulty to realise his/her dream or vision.

An entire chapter is in fact devoted to the subject of leadership in my book ‘Export Competitiveness and Poverty Alleviation’ published by the Godage Bookshop in 2017.

Vision

What could be a suitable vision for the country? South Korea desired to emulate or outdo Japan. Singapore strived to become the Switzerland of the East. Both these countries realised their visions right on target. Leaders of a country (or a firm or any other organisation) should have a vision or a dream of a desired long-term (20 to 30 years or more) and short-term state of greater goodness, rooted in the wishes of the people, for peace and prosperity.

Where Sri Lanka is concerned, one could be modest and just desire ‘to be a well-integrated, a well-governed and highly-prosperous nation state in South and South East Asia’, or we could be more ambitious. This vision is too broad and even vague. So the leaders have to convert it to goals (long-term objectives), qualitative objectives and quantitative targets.

How does one go about formulating a vision with strategies? Well, get an experienced strategist or corporate planner to conduct a few brainstorming sessions with a small group of leading citizens representing a cross section of society from among those representing the racial and religious groups, women, youth, workers, farmers, leading businessmen and so on to arrive at a suitable vision and strategy for the country.

The group has to first survey the present situation and identify the factors that impede or impel the realisation of the selected vision. These are the Strengths, Weaknesses, Opportunities and Threats (SWOT) in the way of realising the vision, goals, objectives, targets, etc. The person leading the discussion has to get the participants to stick to certain ground rules such as limiting the interventions to a couple of ideas under each of the SWOT for avoidance of lengthy and time wasting debates.

From these, the main strands only should be picked up as the selected short-term and long-term strategies, which could build on the strengths and opportunities and devise ways and means of overcoming the identified weaknesses and threats. The short-term strategies could be used create trust among the people.

It should also be mentioned that the vision document needs to be short as it is difficult for people to read and understand lengthy statements like the 50-page Vision 20/25 document of the present Government.

Moral purpose 

The process or strategies advocated by the leaders to realise the vision must have an ethical and moral (righteous) purpose behind them to attract a mass of followers among the people. There is no moral purpose behind some of strategies proposed by most SL leaders.

For instance higher ethical and moral standards could help to reduce widespread corruption, which according to parliamentarian Vasudeva Nanayakkara who stated some time ago that 45% of public revenue is normally diverted into private hands annually. Since this extent of corruption is basically due to the opportunities for it created by the 1978 Constitution, it is clear that the new leaders to be elected have to commit themselves to a strategy of formation of a new constitution like that of the USA or India, to realise their vision.

It may also be very worthwhile to ask the question whether present day society in SL can produce leaders with a foundation of ethical and moral values; if not, what can parents, teachers, educationists and religious leaders could do about it?

Key result areas 

The strategies have essentially to be selected on the basis of Key Result Areas (KRA)that yield most of the results needed (for instance 80% of output from 20% of input as in the case of the Pareto Principle); most governments in SL have tended to ignore certain KRA particularly national integration, development of technical and soft skills, export-oriented investments and land reform for alleviation of rural poverty; out of these the first KRA is the most important since SL can never hope even to begin to be prosperous without first integrating the various racial communities (described by some as ‘tribal’ groups) into a single nation state with a consensus to move forwards.

In fact our leaders tend to divide and rule taking advantage of the multi-racial nature of the population giving rise to frequent clashes among the different groups that obviously frighten particularly foreign direct investors who would be able to establish a flourishing export oriented manufacturing sector, which could provide well-paying jobs, especially to stop the outflow of foreign job seekers and even absorb the unproductive excess employment in the public sector as well as in rural agriculture, besides helping to pay off the large external debt of over $ 50 billion by expanding the export earnings of the country; to make this significant outcome to happen, a strategy of reconciliation among the racial groups is obviously needed, which of course requires the formation of a new constitution.

Practical strategies

The strategies and actions selected by effective leaders have in addition to be practical (as in the case of Communist China opting to adopt capitalist methods as well for economic development) and not ideological or theoretical, to succeed.

For instance in SL the decision to opt for ‘big’ government with running State-Owned Enterprises (SOEs) at a loss and continuing with massive public expenditure on defence even several years after defeating terrorism, in the midst of continuing government budget deficits, cannot be described as being practical; public private partnerships to infuse capital and better management practices in the case of the SOEs and quick reconciliation with the Tamil-speaking people to solve the ethnic problem, would have resulted in large budgetary savings for the Government (in addition to a better investment climate) and faster real economic growth to alleviate poverty which would have benefited the population, especially the majority community as they have the majority of the poor among them.

Import substitution by way of heavy import tariff/duty protection adopted by SL at present is also not a practical policy as the prices the consumers have to pay for such products tend to ‘sky rocket’ on account of the high unit costs (due to the smaller scale of production adopted to cater to the small internal market) plus the border taxes imposed to ensure protection of such industries. The competition among firms created by open market policies, (with a reasonable degree of protection for essential products) with an enabling environment of good governance and stable macro-economic (balanced budgetary) policies of the government on the other hand would encourage investors to start large-scale global-oriented projects with low unit costs or high productivity to produce value added goods and services for the export market.

Communication

The next attribute of great leadership is the rare ability of communication of the vision and the strategies clearly to the followers and the people in a language they could understand to create trust and ultimate consensus. An example is the ‘it does not matter whether the cat is black or white as long as it catches mice’, speech made by Deng Tsiao Ping of China, that persuaded over a billion people in a communist country to accept a capitalist approach to economic development in the late 1970s.

Leaders in certain countries as in SL and firms do not make the effort to create such consensus resulting in continued controversies and distractions from the right path to a vision. For instance leaders in SL even after 70 years of independence have not built a consensus regarding the type of economic policies to be adopted as to whether it is socialism, where the state assumes the role of promoter of growth as in the failed socialist state of Venezuela, where according to reports, thousands of people are either leaving the country or are dying of hunger, or social market economic policies where the private sector is the ‘engine’ of growth as in the case of the East Asian countries that have reached prosperity in spectacular fashion.

Small team

Wise leaders tend to surround themselves with righteous and wise advisers who may not have the correct political connections but have the right kind of experience and in addition select a small team of ministers (large teams being inefficient, ineffective and expensive as is the case of SL in recent times) and officials with the right skills and experience for implementation of the strategies. This can be done successfully only by selecting them on merit alone as in Singapore.

The merit that is in great demand and most suited for achievement of success is management ability, knowledge, and experience and not mere qualifications. Unfortunately in SL it is the politicians (most of whom are barely literate) as well as heads of institutions selected on the basis of political affiliations (article 55 of the constitution permits this), who seem to take important administrative and policy decisions with questionable consequences.

Above all leaders also have to inspire their followers and their team members in the implementation of strategies to be used to realise the vision, to prompt them to achieve extraordinary results, by giving credit where credit is due, striving for excellence and living by example.

Conclusion 

So, at the forthcoming elections the people of SL have an unavoidable duty to perform, that is to elect a set of leaders with the characteristics mentioned above, especially a ‘passion’ or devotion to serve the people, first to avoid economic collapse, and second to lay the foundation for a system of development that encourages investment for the production mainly of globally competitive export products, leading to a faster rate of economic growth and higher real(inflation adjusted) incomes for the people.

(The writer is a Development Economist.) 

Rajapaksa’s hollow call: Discipline for them freedom for us? When the Rajapaksas were in power how d


“Man, never made any material as resilient as the human spirit.’’ - Bernard Williams

28 March 2019


It is time that a debate of classical genre between freedom and discipline emerged in the socio-political spheres in Sri Lanka. Engagement of the country’s learned ones, academics, intellectuals, professionals and thinking politicians is an indispensable component for a lively, robust and meaningful exchange of ideas, ideals and enlightening thoughts.

It is not only essential that the participation of all shades of Sri Lankan thought be brought forward for a lively deliberation of content and processes, it is vitally significant that the participation of the free media in the country is sought for the success of the debate as those who are engaged in the trade of dissemination of information to the public are often the victims of a regime that practises draconian rules, regulations and physical thuggery and intimidation.

  • Time to debate concepts of freedom and discipline
  • Ill-educated and lusty men of power might opt to place discipline before freedom
  • This is the dynamic that is drawing the greedy men to power

But it is important to find out as to who is preaching that discipline is more important than freedom as mere concepts or functional and organic mechanisms of governance. Pundits, more often than not, would argue as to the conceptual significance of freedom and discipline. But when it comes to the day-to-day practice of the real substance and processes, both freedom and discipline get enmeshed in unforgiving chaos of human folly.

When ill-informed would-be politicians get entangled in the process of high-sounding concepts, they invariably resort to their usual exercise of sloganeering. They fail to see beyond the slogans; they refer to these concepts as if they comprehend the inner meanings of the concepts. They never read; their understanding of modern developments of age-old practices is limited to simplistic interpretations of complex concepts. Yet, they succeed in the short term because they, unlike the authentic intellectual men and women, politicians know the fine art of reducing a complex issue to a couple of mere slogans and delivering them with an even finer art of mob-oratory.

In the early days of post-Independent Ceylon’s political field, S W R D Bandaranaike singularly dominated this field. His great ability to engage his gullible electorate in the same wavelength and then extract their support for the cause that he was purported to have championed was unique. His understanding of the then electorate and attack at its core values generated enormous results. But those successes were essentially short-lived. After propping up the Maha Sangha as the driving force of modern-day Sri Lanka, he himself became a pathetic victim of that same force.

Bandaranaike never ever tried to communicate either freedom or discipline. His manner of governance emanated the wrong signals of freedom and lacked basic discipline. His unwillingness to pay any attention to the alleged illicit relationship between a Buddhist Monk of repute and a Cabinet Minister of the fairer sex was sufficient evidence of this lack of attention resulting in a breakdown in Ministerial discipline.

But today’s scenario is different.

The war victory against the Liberation Tigers of Tamil Elam (LTTE) had a decisive effect on the mindset of all Lankans, Sinhalese as well as Tamils. The forces Bandaranaike unleashed gained new legitimacy and validity. Yet, those who presided over that victory began raping the country, the Rajapaksas, came in for a humiliating defeat at the hands of a well-coordinated election campaign in 2015.

The complexities of liberty and discipline emerged and they were, though not addressed in depth and detail, highlighted by the men and women who argued for the validity of liberty as a fundamental right of all citizenry of the country.
They succeed in the short term because they, unlike the authentic intellectual men and women, politicians know the fine art of reducing a complex issue to a couple of mere slogans and delivering them with a even finer art of mob-oratory
The people at large saw the rise of a phoney patriotism; they beheld the cruel aspects of a regime that was instrumental in enjoying freedom among themselves, while imposing so-called discipline on the citizenry of the country.

The transparent phoniness of the rulers surfaced thanks to some extremely vocal and eloquent illustrations by the speakers of the national coalition organized to oust the corrupt Rajapaksas.

This is the fundamental issue today: when the Rajapaksas were in power how did they exercise freedom and discipline? It is only in that unforgiving context that we need to analyze the current call for discipline over freedom so promulgated by one of the Rajapaksa brothers (in fact by the one who has been alleged to have been engaged in cruel and unkind acts of dictatorial conduct). What was the discipline exercised when Lasantha Wickrematunga, the then editor of Sunday Leader newspaper, was brutally murdered in broad daylight by four bikers? What was the discipline so exercised when Prageeth Ekneligoda was abducted? What was the discipline when dozens of other journalists were abducted, manhandled and killed by the forces who reported exclusively to the then Secretary of Defence who happens to be the one who is now trying to determine that discipline over freedom matters more than anything else?

What was the discipline exercised when the Rathupaswala murders were committed by the Sri Lanka Army Soldiers? What discipline was present during the massacre of the prisoners in 2014? These questions demand answers. They simply cannot be thrown into the dustbin in the name of discipline.

This convoluted practice of discipline for ‘them’ and freedom for ‘us’ needs to be stopped and it actually did stop. That was on January 8, 2015. The most chaotic society with freedom is any day better than a band of cruel and disciplined murderers.

Let us not be deceived again. Freedom has no price. It cannot be bartered away for the mere satisfaction of lust for power and a sense of apathy. In fact, apathy is the greatest enemy of freedom.
Highly motivated media personnel, who have opted to barter away their freedom for king-making ambitions too need to be exposed to the fullest degree possible.

In the winding journey of human drama, many actors and artistes choose to play different and enchanting roles. In that drama, those who deliberately choose to be apathetic become the greatest villains of liberty and freedom.

The enunciation of high-sounding slogans would not matter in this greatest Act of human drama. Those villains have to be brought before justice and fair-play; in this exercise, the need for due process is indispensable.

The laws of the country, the constitution from which cascade the basic legal norms and rights and legitimate privileges of office, need to be upheld above all else.

This is a very difficult task even for great people, leave alone for an apathetic few. From Buddha to Einstein, all religious leaders and great scientists and men and women of letters have attempted to bring forth the priceless nature of man. A nature that would endure despite the gruesome attack on itself from within or without would survive until the end of time. The essential spirit of man is to set itself free. Then discipline will follow.

Ill-educated and lusty men of power might opt to place discipline before freedom; they may even try to destroy such freedoms enjoyed by their fellow men and try to set up exclusively destructive governing apparatuses whose solitary objective is to protect and serve the men and women in power.
This is the dynamic that is drawing the greedy men to power.

In order to maintain a dynamic and just equilibrium between freedom and discipline, one has to be extraordinarily attentive and focused; one needs to be learned and sensitive to the mundane needs of his fellow men.

Yet he has to be, at all times, mindful that freedom takes priority when all the chips are down and all other options have been ruled out and done.

The inglorious garb of those leaders needs to be torn away and the naked nature of those who profess discipline above freedom must stand the test of discipline themselves. Any day, a free and liberated but undisciplined mind is better than a disciplined slave.

The writer can be contacted at vishwamithra1984@gmail.com