Sinhala novelist faces opposition from certain quarters

Shakthika Sathkumara

BY AANYA WIPULASENA-7 April, 2019

When post-modernist, award winning novelist Shakthika Sathkumara walked into the Polgahawela Police Station on 1st April morning along with his lawyer and two other associates, what followed was completely unforeseen.

About four Buddhist monks were at the station already. Sathkumara, a 33-year-old father of two, was hoping to avoid a confrontation with the monks. When he was first called to provide a police statement he refused and requested a day that did not overlap with the time the monks will also be present. But the police turned a deaf ear to his request.

Sathkumara knew all too well why the monks were there. One of his short stories, published on Facebook about two months ago was subjected to extreme criticism. Its message, (irrespective of whether it be true or false) did not sit well with the monks.


His fiction ‘Ardha’ that translates from Sanskrit to ‘half’ revolves around a de-robed monk. Towards the end of the story Sathkumara indicates that the former monk was sexually harassed by the chief priest of the temple to which he was attached. The incident results in the “abbithaya’s” de-ordainment. However, his layman’s life turns out to be no different. He befriends a man whose inclination seems not dissimilar to the chief monk’s.

Homosexuality and sexual harassment within Buddhist temples, (taboo subject areas in our country), are the key subjects that caused the uproar. After reading the story, a group of Buddhist monks first complained to the Nikawaratiya Divisional Secretariat where Sathkumara worked as a development officer. Though an internal inquiry was launched no action was taken. Later the monks had protested and handed a petition to the District Secretary. Another inquiry was launched but no action, as demanded by the monks, was taken. The monks then went to the police.

Convener of the FMM Free Media Movement (FMM) C. Dodawatta said creators have to explore their content sensibly to not harm or insult a religion or culture. He said however involving the police to act against a work of a creator sends a bad message to all of society.

On April 01 when Sathkumara was at the station he knew why he was there and that he would be charged under the 292 of the Penal Code which states, “Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture or any place set apart for the performance of funeral rites, or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.” A bailable offence.

The relevant section has been quoted at length, a careful reading of which indicates to any layman (let alone any Lawyer), that Sathkumara’s criticism bears no relevance to and does not seem to fall within the ambit of the said section 292, which, as can be seen, is designed to protect “trespass” or “disturbance of …”an assembly”.

However, in a devious turn of events for Sathkumara and his lawyer, the Police charged him under the International Covenant on Civil and Political Rights (ICCPR) Act of 2007. It’s Section 3 (1) which states “No person shall propagate war or advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”. This left Sathkumara no avenue to apply for bail as only a high court judge could permit bail.

To many people, this seems like a paradigm shift from the original purpose of the ICCPR. Shedding light on the matter Attorney-At-Law and human rights activist Gehan Gunatilleke said, “ICCPR Act is designed (among other things) to deal with cases of incitement to violence. Many rights advocates have pressed for the implementation of the Act to punish those who have incited violence against religious groups.”

However, he continues, no conviction has thus far been secured against any such perpetrator. “By contrast, it seems to have been (now) invoked against a writer who has supposedly offended the Buddhist clergy. Causing offence to a religious group must be contrasted with inciting violence against that group.”

Gunatilleke said invoking the ICCPR Act to punish those who cause mere “offence to the clergy” is clearly an abuse of the Act. He added that the added feature- that bail cannot be granted except by the High Court under the ICCPR Act- makes this potential abuse even more serious, as Sathkumara cannot apply to a magistrate for bail, and must wait to be produced before a high court judge to apply for bail.

Sathkumara was remanded till April 9 by the Polgahawela Magistrates Court.

Speaking to the Sunday Observe his lawyer P. W. W. Ratnayake said Sathkumara’s intention was not to incite violence but to explore a storyline using his creativity. “He has written over 30 books. Among them are three Buddhist books,” the lawyer said. Sathkumara has also won several awards for his work.

Gamini Viyangoda, co-convenor of the civil society movement Purawesi Balaya, reveals another factor about Sathkumara’s work. He said, through ‘Ardha’, the young author hoped to protect Buddhism and not destroy it.

“He is telling monks ‘look, you are supposed to be celibate’, and also reveal sexual abuse in temples,” he said. According to Viyangoda the young writer expected to remove undesirable elements from the Buddhist priesthood by exposing them. Writer’s rights of free expression are constrained by taking such strong legal action against them, he said. “This is a bad omen for the country,” he warned.

This is not the first time Sri Lanka’s “religious policing” of artistic work has taken an ugly turn. Last year, several creations were ‘deemed ‘offensive’, towards “religion and culture”. Among them were the radio dramas by Malaka Dewapriya.

General Secretary of the Jathika Hela Urumaya, Omalpe Sobitha Thera condemned the dramas, sponsored by the Office of National Unity and Reconciliation, and branded them as anti-Buddhist. Dewapriya stressed that the material in the dramas were not religious at all. The titles ‘Tharuwan Saranai’ and ‘Nihon Sapa Labewa’ that ignited criticism were later changed.

Budunge Rasthiyaduwa penned by K.K Srinath saw a much harsher fate in the same year. An investigation was launched by the Inspector General of Police to probe the novel’s ‘anti-Buddhist’ material. It was reported that bookstores were threatened and demands made to remove the novel from their shelves, and those involved in publishing were threatened on Social Media.

Much earlier in 1992 Stanley Jeyaraja Thambiah’s “Buddhism betrayed?’ was banned in Sri Lanka upon publication. The uproar was focused on the cover of the book which depicted Maduluwawe Sobhitha Thera gesturing with a clenched fist. And even earlier, 1975, beloved author Martin Wickramasinghe’s final publication “Bhava Tharanaya” triggered and offended fragile sensitivity of certain ‘Buddhist’ who claimed the novel, that observed the life of Prince Siddhartha in cultural and pragmatic terms, “insulted the religion”. The author died a year later.

Former President of the Federation of University Teachers’ Association, Dr. Nirmal Ranjith Dewasiri who wrote a paper titled ‘New Buddhist Extremism and the Challenges to Ethno-Religious Coexistence in Sri Lanka’ (available online) said religious extremism goes against such manifestations. He Sri Lanka was always sensitive towards literacy work when it explored Buddhism in any other way than the conventional..

“During the last 30 years we see a gradual increase of intolerance of such work. Anyone who says anything against the established religious beliefs, is attacked - thus Freedom of Expression is challenged,” he said.

He says this is fuelled by State mechanisms, including the Judiciary, which is flexible towards extremistvoices than shun artistic work.

Dr. Dewasiri added that the motive of most of the religious groups which create a hullabaloo, is not necessarily to ‘protect’ Buddhism but to seek popularity as “Buddhism saving” vigilantes.

Treasury Bond Inquiry Samarasiri, Geoffrey Aloysius, three others get bail

By Shehan Chamika Silva  -6 April 2019 

Central Bank’s former deputy governor P. Samarasiri, Perpetual Treasuries Chairman Geoffrey Aloysius and its directors Pushyamithra Gunawardena, R. Hulugalla and M. Surendran were  released on bail by Colombo Chief Magistrate Lanka Jayaratne yesterday.  

Mr. Samarasiri and Mr. Aloysius were each released on a cash bail of Rs.100,000 and two sureties of two million rupees while the three directors were released on two sureties of one 
million rupees each while their passports were impounded. 
Even though the allegations levelled against the suspects are bailable on the discretion of the Court, on the earlier occasion the chief magistrate pointed out that under Section 14(1)(B) of the Bail Act the suspects were alleged to have been involved in an offence where large amount of public money was misappropriated and as such the Court had reason to believe that the particular gravity of and public reaction to the alleged offence may give rise to public disquiet. Therefore, the Magistrate rejected to bail application on that occasion.  

At the onset of the inquiry, Senior Deputy Solicitor General Haripriya Jayasundara informed Court that the prosecution has also pointed out some details in the further report seeking remand extension of the suspects. However on the last occasion the prosecution did not request from court to remand the suspects.  

Appearing for Mr. Aloysius, Senior Counsel Jeewantha Jayathilake addressed the issue relating to the public disquiet and said there had been no protests against these suspects which could be regarded as public disquiet. “ We could have said that initially there was a public outcry on this matter but now more than 13 months later since the arrest of Mr. Aloysius and Palisena the public outcry had gradually reduced,” Counsel said.  

President’s Counsel Upul Jayasuriya appearing for Mr. Hulugalle said being a director alone cannot be considered as an offence committed under the Registered Stocks and Securities Ordinance and in this instance the law required special provisions to level strict liability on directors over the offences.  

He cited some of the latest SC decisions with regard to the prevention of possible arrests of former navy commander and former defense secretary and said even though those cases were in relation to the abduction of 11 youths and huge amounts of public funds being allegedly misappropriated, there had been no public disquiet in those cases.  

President’s Counsel Nalin Ladduwahetti appearing for the former deputy governor said the allegations leveled against his client are compoundable offences. He said the public disquiet is not connected with his client as his name came to known two weeks earlier. The Counsel said also of the view that the public disquiet which may have happened thirteen months ago is now reducing. He said during the questionable bond auction his client had done everything in his official capacity and therefore there could not have been any conspiracy.  

The Magistrate after considering the submissions observed that suspects had never attempted to abscond from the inquiry and neither had they interfered with the evidence and do no have reports of similar wrong doings in the past. Even though the charges leveled against them has some serious concerns, the Court had considered the downward trend in the public disquite and that the suspects had been in remand custody for two weeks before releasing them on bail.  

Five directors of PTL have been named as suspects in the inquiry. However, one director named Ajan Punchihewa is reported to have gone abroad. Acceding to the prosecution’s request Court directed to issue a notice via express mail to the suspect to appear before the CID to record statements. 

The prosecution has levelled allegations against all directors over the violation of the Section 56(A) of the Registered Stock and Securities Ordinance (RSSO)  

The prosecution also levelled allegations against them for abatement and conspiracy arising out of the violation of the above section of the RSSO.  

The prosecution also levelled allegations separately against former deputy governor P. Samarasiri over the violation of the Section 56 of the RSSO and conspiring with former governor Arjun Mahendran to commit the main offence. P. Samarasiri was the Tender Board chairman during the February 27, 2015 bond auction.  

All these allegations were levelled parallel to the allegation levelled previously against Arjuna Aloysius and Kasun Palisena accusing them for abetting and conspiring with Arjuna Mahendran to misappropriate public funds worth Rs.688 million during the bond auction on February 27, 2015.  

The case was postponed for April 30, 2019

Brexit and UNHRC. Parliament vs the President

Rajan Philips-April 6, 2019, 6:33 pm 

As I indicated in my article last week, the Brexit crisis has brought into relief not only Britain’s internal institutional challenges but also the external constraints under which the country is laboring to negotiate its qualified divorce from the European Union. In a new development, Prime Minister Theresa May has at long last reached out to Labour Party leader Jeremy Corbyn to find common ground and, hopefully,strike a new Brexit deal that will have bipartisan support in parliament. The hardcore Tories are livid, but this is a positive development that was long overdue. Still there is no certainty how and where it will all end. In the case of the US, the internal constraints are far more pronounced than its external challenges. In fact, some of America’s recent external challenges are the result of the Trump presidency. Sri Lanka’s constraints and challenges are different, and they are more than a handful.

The country is burdened with the double whammy of the parliamentary and presidential systems, and it has limited power and resources to deal with its external challenges. In the UNHRC matter, neither the approach taken by the Rajapaksa government nor its reversal by the Wickremesinghe segment of the present government (with Sirisena now playing the disclaimer card) seems to have made any headway in addressing the out-sourced challenge in Geneva. From 2010 onward, the Rajapaksas built their enterprise on corruption, on the concentration and abuse of state power, by allegedly taking out those who complained too much or crossed their private paths, and by rewarding everyone who uncritically supported the family and the regime. In Geneva, at the UNHRC, the Rajapaksas tried to divide the world and conquer the west, while dividing the country into patriots and traitors and hopingto keep winning elections at home for ever. The strategy backfired at both ends and was brought to an abrupt end in 2015. Now they want a rerun of the old play with Gotabhaya Rajapaksa in the saddle.

The approach of the Wickremesinghe government has been to co-sponsor roll-over resolutions in Geneva year after year, while effecting little change at home and losing support all the while. This year has been peculiar because of the spat between the President and the Prime Minister. So, we had the spectacle of a three-headed performance before, during and after the UNHRC sessions in Geneva, involving the President, the Prime Minister and his Office, and the Foreign Ministry. It became quadra-headed when the loquacious Mangala Samaraweera pitched in with his self-enthusing grandiloquence that may have impressed his core followers but did not contribute to resolving anything.

Brexit and UNHRC

There is fundamentally no comparison between Britain’s Brexit and Sri Lanka’s UNHRC entanglement at any level, except the appearance of one at the level of a country’s internal-external dynamic. The intellectual premise of hard-core Brexit is the opposition to the compromising of British sovereignty to the "supremacy of European law." Intellectual opponents have ranged from the Labour’s Hugh Gaitskell in the 1960s to constitutional traditionalists like Sir William Wade two decades later. The experiential and demographic manifestations of the opposition were the ‘Leave’ voters at the 2016 referendum, who ranged from disgruntled English oldies to well-settled old immigrants from the former colonies who were disturbed by the influx of upstart immigrants from East European countries. Those who support Britain’s stay in the European Union are not by any means lacking in intellectual arguments or counter interpretations of British constitutional history. But the best argument for the ‘Remain’ side has been and remains, the economic argument of experience. After all, "what is truth is a practical question!

There is also the other truth: But for his expedient and foolish decision to hold a referendum on Brexit, David Cameron would still be Prime Minister and the United Kingdom of Great Britain and Northern Ireland would be Brexit-free in the European Union. At the macro-political level, Brexit represents the clash between the prospering forces of globalization and the backlash populism of the left-behinds. It is also the clash between the old school of national sovereignty and the new realities of supranational constraints. Ultimately, the Brexit crisis and its eventual resolution do and will demonstrate the reality of our times – the permanent tensions between national sovereignty and international constraints. The archaic notions of national sovereignty are constantly being challenged and modified by internal and supranational demands, but the old nation-state is not withering away anywhere. The right of self-determination, if any, will be mostly internal and hardly external.

Sri Lanka’s entanglement at the UNHRC might be fitted into this narrative, but more as patchwork than a seamless weave. It is not modernity that has dragged Sri Lanka to Geneva, but its atavistic hangovers. It is the continuation of the war that ended in 2009, by other means in faraway Geneva. The war itself was not a historical inevitability, but the result of mistakes and missed opportunities by the Sri Lankan state after independence. If the 1972 Constitution opened the Pandora’s box, its 1978 successor failed to put a lid on it despite President Jayewardene’s pre-(1977)-election assurances to address the fallouts from 1972. Instead, came 1983 and blew open and threw worldwide Sri Lanka’s innards from atavistic contentions to communal conflagrations. The Tamil diaspora was born.

The Tamil diaspora did not create itself to create Eelam, but its creation after 1983 made Eelam –an otherwise materially infeasible project, a politically viable goal. The creation of the diaspora meant population depletion in the north and east, which in turn enabled the LTTE to establish its brutal supremacy very much easier than it would have been possible in the presence of a critically larger population. The diaspora was also enabled - but in a different way – to be involved in long-distance politics while being insulated by the same long-distance from the brutalities in their natal provinces. But this is all water, even blood, under broken bridges.

There should be no surprise that sections of the diaspora have a stake in what transpires before the UNHRC in Geneva. So, when Minister Sarath Amunugama, who won his spurs in the Maldives as Sri Lanka’s October-November Foreign Minister and who went to Geneva as the President’s special emissary, rises in parliament and blames the entire UNHRC entanglement on the Tamil diaspora, he is only showing that he is being diagnostically simplistic and prescriptively pathetic. Blaming the diaspora is not going to disentangle the Sri Lankan from the UNHRC in Geneva.

The recurrent resolutions at the UNHRC are commonly believed to be the result of two factors : (1) western countries, who outlawed the LTTE and gave strategic assistance to the government to win the war, expected quid pro quo that the Sri Lankan government would positively work towards reconciliation after the war; and (2) assurances to this effect were given by President Rajapaksa to the then UN Secretary General Ban Ki-Moon when he visited Sri Lanka soon after the war. The postwar tragedy is not that the Rajapaksas did not live up to these expectations, but that they showed no empathy to the tens of thousands of people in the north and east who were caught in the middle and got pummeled by the war.

Immediate humanitarian redress and incremental political responses could have been taken over the five years after the war and within the framework of the government’s own LLRC recommendations. Instead, the Rajapaksas chose to play too clever by half on the international front, and turned Geneva into a biannual pilgrimage. Worse, they let the country’s economy suffer doubly, first watching Sri Lankan exports lose their preferential status in the west, and then walking the whole economy into a Chinese debt trap.

The Wickremesinghe government made a complete U-turn at the UNHRC, but has not been able to bring the pilgrimage to an end. Sri Lanka is left on a permanent roll-over mode in Geneva. There is no one in the government who has been able to articulate the government’s position and commitment on hybrid courts and on investigating breaches of the law during the war. The ambiguities in this matter, whether deliberate or not, would appear to be consistent with the management style of Ranil Wickremesinghe. He promises too many things to too many people and it is impossible to pin him down on delivering on anything.

The government has also been ambiguous about the investigations and indictments of acts of state corruption and what the UNHRC has called the "emblematic crimes" by state actors against individual citizens that went on from 2010 to the end of 2014. Those who protest too much about hybrid courts have shown no concern at all about the failure of the present government to produce even a single indictment for any of the murders that were committed during that period. And those who insist on establishing hybrid courts as a fundamental condition of reconciliation, be it the TNA, its detractors at home and abroad, or even the UNHRC, have shown little concern about the state of the provincial councils and their non-functioning in the northern and eastern provinces, as well as the rest of the country. The roll-over resolutions speak to the need for major constitutional reforms, but have nothing to say about the chronic neglect of institutions that were set up for devolving state power and government authority to the provinces.

Parliament vs the President

Just as with Brexit in Britain, a general election, presidential or parliamentary, by itself is not going to address Sri Lanka’s UNHRC entanglement, or solve any other problem for that matter. There were cautious expectations that the new president and the government elected in 2015 would embark on a path toward getting Sri Lanka’s political and governance fundamentals right, perhaps better than they were at any time after independence. When they look back at what was expected of them in 2015, and when they find where they are today, President Sirisena and Prime Minister Wickremesinghe owe it to the country to ask themselves the question as to how much of what has happened, and not happened, is due to their personal failings and how much is due to institutional flaws, not to mention the combined effects of personal failings and institutional flaws. And what are they going to do about it, except run separately for same flawed office of the presidency that they ran for together earlier, and vowed to get rid of it in just one term of the Sirisena presidency?

Even though he has done nothing to abolish the executive presidency as he had promised, President Sirisena by his actions since last October has exposed the flaws of the hybrid presidential-parliamentary system and its un-workability when the elected president does not have the support of an elected majority in parliament. The first experience of this dichotomy when Ranil Wickremesinghe became Prime Minister (December 2001 to April 2004) with Chandrika Kumaratunga as President, went reasonably well with President Kumaratunga acting primarily as the Head of State and not head of government, until she mistakenly decided to take matters into her own hands and started firing (UNP) ministers in October 2003, and ended dissolving parliament in April 2004. The two actions were wrong, and the former President has since regretted them both.

To argue now that the current crisis is because of the 19th Amendment that removed the President’s powers to arbitrarily sack the Prime Minister and dissolve parliament any time after one year following its election, is to ignore the fact that both these powers were the result of the failed marriage of the parliamentary and presidential systems that was mistakenly forged by President Jayewardene. The marriage went against the fundamental premise of parliamentary supremacy in the parliamentary system that Sri Lanka had inherited from Britain, on the one hand, and, on the other hand, the marriage was based on the misapplication of the separation of powers in the presidential systems of the US or France. President Jayewardene may have intended a healthy separation of powers to contain what was called ‘parliamentary tyranny’ in the 1970s, but what the 1978 constitution provided for and what was achieved until the 19th Amendment was the replacement of parliamentary tyranny by presidential tyranny.

With President Sirisena refusing to abide by the terms of the 19th Amendment, which he proudly and justifiably claims credit for, the entire government has become unworkable. And the unworkability travelled as far as Geneva to the UNHRC in September. It would be interesting to see what the new presidential candidate, Gotabhaya Rajapaksa, has to say about the resolutions at the UNHRC and how he will address them if he were to relinquish his US citizenship and become Sri Lanka’s next president. Elections and new governments, or presidents, may produce positively different results only if the political and economic fundamentals are properly in place. Sri Lanka is nowhere near that situation, and the current examples of the United Kingdom and the US show that elections can create more problems than solutions even in the more advanced polities.

Sri Lanka: Understanding The PSO, PTA And CTB – Qs & As

Emergency rule can be declared when there is the existence or imminence of a state of public emergency.

 

by Mass L. Usuf-2019-04-08

 Lankans after independence have lived lesser number of years freely and more years under emergency rule. Prior to the Janatha Vimukthi Peramuna insurrection in 1971, there were several instances when emergency rule was proclaimed. With the advent of the year 1971, emergency rule became almost a permanent feature. The longest being from 1983 to 2011 with short breaks in between. The last and the shortest of them all being the emergency proclamation in March 2018 during the Digana Sinhala/Muslim riots.

 

Emergency rule has serious implications on good governance, rule of law and human rights especially, because the police and armed forces are by law given extraordinary powers. These sweeping powers vested in the Police and armed forces have often been abused by them and such abuses have been documented by human rights organisations. Arbitrary arrests, detention, torture, disappearances, extra-judicial killings, so called ‘white vans’ are some of these misuses. Even the media had not been spared. This is a serious situation because the bureaucratic machinery, the Police and the security forces all work with the emergency rule ‘authoritarian’ mindset even at times when there is no emergency rule. Typically, what this means is that Sri Lankans have been, and are, literally continuing to live in a sort of Police state. This is the psychological impact of nearly 40 years of emergency rule – state actors with an authoritarian mindset and a submissive citizenry!

 

THE Q & A FORMAT

 

This column in the format of question and answer is an effort to create some awareness among the readers about the basics of the subject laws and the proposed CTB. It is expected that this will appear in several parts. The relevant legal provisions are cited to enable check accuracy and for further reading. I believe, it will help to understand how our rights and liberties can be subjected to violation under the above laws namely, PSO and PTA. The CTB is the proposed legislation which also has to be looked into with great care and caution. The PSO which is the first of such overarching pieces of legislation will be dealt with in this part.

 

Question (1) What does PSO, PTA and CTB mean?

 

The above abbreviations represent the Public Security Ordinance No. 25 of 1947 (PSO), Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA) and the current Bill in Parliament titled Counter-terrorism Bill (CTB) which was published in the Gazette on September 17, 2018

 

Question (2) For what purpose was the PSO passed?

 

The PSO was passed in 1947. The purpose of the PSO was to provide for the enactment of emergency Regulations or the adoption of other measures in the interests of the public security and the preservation of public order and for the maintenance of supplies and services essential to the life of the community. (See preamble to the PSO).

 

Question (3) When can a state of emergency be declared and by whom?

 

Emergency rule can be declared when there is the existence or imminence of a state of public emergency. It is declared in the interests of public security, the preservation of public order, and the suppression of mutiny, riot or civil commotion, or for the maintenance of supplies and services essential to the life of the community. For example: the insurrections of 1971 and 1989, the separatist war, the 1983 ‘black July’ riots, racial riots in 2018. The proclamation can come into operation throughout Sri Lanka or in such part or parts of Sri Lanka as may be so specified.

 

The Proclamation can be made only by the President by Gazette notification upon which provisions of Part II of the PSO shall come into operation. (See Section 2 to the PSO).

 

Question (4) Can the proclamation of emergency be challenged in a court of law?

 

The answer to this is, ‘No’. A Proclamation under the Public Security Ordinance or the law for the time being relating to public security, shall be conclusive for all purposes and shall not be questioned in any Court, and no Court or Tribunal shall inquire into, or pronounce on, or in any manner call in question, such Proclamation, the grounds for the making thereof, or the existence of those grounds or any direction given under this Article. (Article 154 (J)(2) of the Constitution).

 

Further, Section 3 of the PSO also ousts the jurisdiction of the courts. It reads, “Where the provisions of Part II of this Ordinance are or have been in operation during any period by virtue of a Proclamation under section 2, the fact of the existence or imminence, during that period, of a state of public emergency shall not be called in question in any court”.

 

Question (5) What is meant by Emergency Regulation?

 

Under normal circumstances, it is the parliament that makes laws. However, upon the proclamation of a state of emergency, the President under the Public Security Ordinance has power to make regulations. These regulations which are made while the country is in a state of emergency are called emergency regulations (Section 5 of PSO).

 

Question (6) What are the dangers of Emergency Rule?

 

Under Emergency rules the President enjoys wide powers and authority. Also, many civil liberties of the citizen may be severely curbed. Civil liberties include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life.

 

In the past, Emergency regulations have been used to requisition property, to control meetings, protests and publications; to supervise, arrest, and detain individuals; to influence investigations and trials and the list goes on. Unbridled powers under emergency rule pave the way for draconian laws to be made. By this, there is the potential for power and authority to be abused and the rule of law compromised as has been seen in the past.

 

According to the PSO, emergency rule is declared in the interest of the public. Ironically, the very same public are ‘terrorised’ both by the government and non-state actors who perpetrate violence. The security establishment often acts with impunity and conduct themselves in an obnoxious manner towards the public. The wish of the public is always to avoid the police and the armed forces. They do not want to even have eye contact with them.

 

The danger of an emergency regime is that a citizen who enjoys rights under the normal rule may be deprived of such rights under emergency rule.

 

Question (7) How can emergency Rule restrict our civil liberties?

 

As noted above, the President has the power to proclaim a state of emergency which cannot be challenged in a court of law. By virtue of this proclamation the President also has the almost unbridled power of making new regulations. The regulations are so powerful that it has the legal effect of over-riding, amending or suspending the operation of the provisions of any law, except the provisions of the Constitution. (Article 155 (2) of the constitution).

 

However, even under the constitution certain fundamental rights can be restricted in the interest of national security (Article 15). For example, the Constitution prohibits the making of retrospective penal legislation. What this means in simple words is that if a person commits an act today which is not against the law, it will be a violation of his fundamental rights to pass a law in the future making such act an offence and then punish him for his past act. This guarantee of fundamental right ‘prohibiting retrospective penal legislation’ can be restricted in the interests of national security which includes regulations made relating to public security, see Article 13 (6). By this, the President has the power to make yesterday’s non-criminal act a crime today and, then, punish that person today for what he did yesterday, when the act was not considered a crime.

 

There are several other restrictions that can be imposed depriving the citizen of his fundamental rights, in the interest of national security, public order etc. These include the right to equality before the law, right to equal protection before the law, the right not to be discriminated based on race, religion, language, caste, sex, political opinion, place of birth. All of these rights can be restricted.

 

Many more of a citizen’s fundamental right entitlement like the freedom of speech and expression including publication; freedom of peaceful assembly; the freedom of association; freedom to form and join a trade union etc. also can be restricted by emergency regulations (Article 15 (7).

 

Question (8) Describe the Emergency Regulations that can be made under Part II of PSO which deprives a citizen of his rights?

 

The President may make any emergency regulation as appear to him to be necessary or expedient. Without prejudice to the generality of the powers conferred, the President can also authorise:

 

(a) The detention of persons;

(b) Taking of possession or control of any property or undertaking;

(c) The acquisition of any property other than land;

(c) To enter and search any premises without a search warrant;

(d) To suspend the operation of any law;

(e) To arrest and punish offenders as may be provided for by the regulations.

 

As citizens belonging to a constitutional democracy, it is the absolute right of everyone to defend, protect and safeguard our rights, freedom and liberty. To do this one ought to primarily know what these rights are and how can such rights be stolen under the pretext of democratic legislations.

 

Part II of this Q & A format will follow shortly. In that it is proposed to give an understanding of the Prevention of Terrorism Act and its impact on our rights, freedom and liberties.

‘Titanic Sri Lanka’ Rocking Again – Take Heed!

By Mohamed Harees –APRIL 8, 2019

Lukman Harees

The terrible Titanic disaster over a century ago, today stands as a memorial to mankind’s over-confidence in technology and a reminder of how weak we are compared with the forces of nature. Captain Smith, the man directly responsible for the loss of Titanic, failed to heed timely warnings. Metaphorically, after the end of the war in May 2009, euphoric Sri Lankans built a Titanic filled and decked with immense hope and aspirations for a united, peaceful and prosperous Sri Lanka, to take them to their dream destination. Not even two years in voyage, Rajapaksa too, like Captain Smith, made many serious mistakes, ignoring distress signals. Throwing all caution to the winds, he allowed many corrupt and the racist elements to virtually hijack his engine control room and have their hands on his steering wheel. Titanic thus gradually began to sink, leaving the people of Sri Lanka in dire straits in mid sea ,isolating their country in the international arena. Then in 2015, the passengers commenced another Titanic voyage under new Captains, to travel to their dream destination. Four years in voyage, Titanic once again is rocking, sending distress signals and Maithri/RW are proving themselves to be  another set of Captain Smiths, if not worse. Will we take heed?

The measure of a country’s stature and quality is gauged by the quality of its’ leaders. Our present narcissist Head of State and the bunch of clueless and pointless public representatives from the PM downwards, representing the people of this so- called Dharma Dweepa in the House by the Lake, however provides no positive credence that Sri Lanka presently enjoys a credible image among the community of nations. Fish rots from the top, and unruly and undemocratic events which followed after the constitutional coup in October 2018, engineered by Maithri  was just a prime example of the decaying political culture. The country rightly recoiled in shame when this head crackpot, in the aftermath of that political coup,divulged with admirable candour what had gone awry with his Plan A with Rajapaksa: how offers of millions and ministerial posts did not appear to engineer  prospective “crossovers”. Sri Lanka has thus become a diseased nation with its’ moral fibre being corrupted to the core, ably facilitated by a losing credibility of a political and also a religious leadership.  In this grim scenario, it is thus an open secret that mass dissatisfaction and frustration about the way the country being ruled and governed, has been growing at an alarming rate. However, sadly this mass dissatisfaction has not given rise to more articulate expression within the country and public activism to hold their rulers to account has also not been to the expected levels. The people are still seeking alternatives along the widely despised two party continuum, despite bitter lessons learnt. How ironic! 

There seem to be no shortage of political drama and spectacles in the corridors of power. Even parents cover their children’s eyes when footage from the Parliament, appear on TV or teachers do so when kids unwittingly watch the proceedings of this ‘House of Hell by the Lake’, from the public gallery. Proceedings are regularly disrupted by MPs’ disgusting unruly behaviour and MP’s free flowing filthy verbosity compels the Speaker to regularly expunge them from the Hansard. Their contributions during debates are mostly ‘out of point’ and not relevant to the subject under discussion, when compared to the quality of debating during NM Perera/Felix DB/Colvin days (which we followed with much enthusiasm). The worse possible scenes were witnessed by the nation during the constitutional crisis in October 2018  when the ‘law makers’ ( law breakers) were engaged in fistfights, flinging furniture, drawing knives, and throwing chili pepper at ostensible opponents in the chamber.

Ironically, Maithri preached about moral values to the world, when he made a candid statement at the UNGA in New York  in 2016. He then pointed out that ‘in many parts of the world we see the unfortunate proliferation of anger, hatred, and brutality. The contemporary society is experiencing a crisis of morality. I believe that all States should pay heed to the cry for moral values. I believe that every society must dedicate itself to raise its share of positive moral values”. Perhaps, those words were not meant to be translated into action domestically! Moral compass has been declining since Independence, with this country being driven along a divisive path, with Tamils and Muslims made to feel like second class citizens while the grievances of the Sinhala people also on the increase. Thus, the entire feels cheated by this corrupt political class.  

One of the most unfortunate crises of our time is how hate and bigotry, consciously used as a political tool have divided communities which have lived in amity for centuries. Hate is not inherited; but learnt as the world digested this reality since WWII. Whether it was Hitler’s holocaust, Ruwandan genocide, the massacre in Norway in 2011 or this year in Christchurch, New Zealand, or in Sri Lanka, the 1983 anti-Tamil program, Aluthgama/Digana anti Muslim communal violence in 2014/2018, the hate mayhem and killings did not just happen. It arose from the feeding of hate, irresponsible language and the demonising of people based on differences – colour, race and religious. The real cause was the build-up of prejudice, hate, and a passion for violent action, aided and abetted by self-centered political and religious leaders as well as some sections of the Media, who exploit fear and ignorance for their narrow gains. 

Today, sadly, in Sri Lanka, the bitter lessons of 1983, Aluthgama and Digana communal violence have not been learnt and therefore once again the nation can see racist sparks emerging out of the mouths of politicians in and out of Parliament and some sections of the Media as well as hate peddlers in the social media, as in the case of Wilpattu deforestation issue. This Wilpattu issue crops from time to time in public discourses when there are narrow political objectives to be achieved. No one in the right senses will object to any individual belonging to any community being punished for destruction of valuable forest resources. However, it is shameful that these public discourses seem to be having racist undertones and harp on the nationality of the Minister and the community he hails from, more than debating on the real issue of deforestation. Then again, problem of deforestation is not confined to Wilpattu, but even in Sinharaja, and in other forest reserves too. Many other forest lands have also been reclaimed for several development projects as well (Moragahakanda, Kalu Ganga, Uma Oya, Maduru Oya for example) which are conveniently ignored. This deforestation issue hence, is a very critical issue which should be taken as a holistic issue rather than a selective one. Thus, there are ulterior motives in bringing only this Wilpattu issue with racist undertones at this time. Besides, when the Sinhala and Tamil New Year draws closer, many hate posters have begun to appear on city walls in many areas asking the people to buy only from Sinhala shops, indirectly launching a boycott on Muslim shops. The culprits can be easily identified and punished; but this does not happen due to lack of political will and indifference of the law enforcement authorities. 

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TRUTH CASUALLY ASSASSINATED IN POLITICS

Fr. Augustine Fernando (Diocese of Badulla)-Monday, April 8, 2019

All citizens are free and equal in a democracy and are obliged to contribute to the common good of all in society each one according to his/her recognized capacity. All are supposed to know that no one is to use one’s freedom to commit any of the many evils that are destructive to oneself or to anyone else in society. No one is expected to make special promises to refrain from each of the several harmful social evils of a society. Every citizen is expected to live as a civically responsible person knowing how to behave in privacy or in public.

Citizens eligible to vote are confronted by politicians who wish to be elected as their representatives. Among them are candidates hoping to become the President and Prime Minister, Ministers and MPs of Sri Lanka. Each one of them seems to be confident that he is very suitable and capable. They are attempting to present themselves broadcasting their aptness. To the people, they do not seem truthful, just, upright and fit to rule. There is a mass vote of Sinhala-Buddhists which seems pliable in the hands of shrewd manipulators. And so each politician devises a plan to suss out the vote in his favour. Yet those who attempt to exploit prejudices seem blind to the danger of the social fabric getting ignited with religio-racial tension and violence associated with an economic backlash and the resultant fall-out of international condemnation and commercial disaster.

STATE THE TRUTH WITHOUT BLUFFING

The people need to penetrate their heart and mind and interpret their real and true intentions as to how and why they are contesting. The politicians who come forward could outline as clearly as possible a true depiction of the vision, the hopes, the aspirations and the proposals for the good of the country or how as an unselfish member of a political party, he/she would participate in implementing the economic and other development projects that have been planned.

When they are short on transparency there may be other peripheral reasons for it. Is it to find an avenue of lucrative employment including opportunities to make big money through sleaze and financial trickery? Is it to find a way of helping close family members and friends who will in turn pay back handsomely for favours received? Or is it to have power to shield relatives and friends from investigations and inevitable punishment overshadowing them? The citizens should know that none of these reasons are good enough for anyone to be elected to a position of grave responsibility as a representative of the sovereign people.

Rather than create grandiose and romantic dreams to arrest the people’s imagination, it would be wiser on the part of the candidate to outline a realistic and feasible plan that could be carried out with the resources available to the country. The citizens could then weigh and analyze the plans set before them, review the views and past actions of politicians, assess their credibility, truthfulness, honesty, integrity and moral standards and make judgements of their own. It would also make sense for most politicians to assume that the people do not believe them totally. The citizens also know that the politicians desire to be popular rather than truthful and do not transparently set before them the whole truth about themselves as they bluff habitually.

FOREIGN AFFAIRS MIRROR DOMESTIC RELATIONS

The country needs to have a climate of trust, genuine solidarity and fraternity to solve the national questions and remove racial hostility and religious bitterness among the people. All political leaders should promote frank dialogue among religious leaders and communities to lead all citizens towards reconciliation and unification. The people observe that certain slanted ideas and views surfaced for political advantage could bring about disharmony, alienation and even violent conflict among ethnic and religious groups.

Quality and integral education is of crucial importance to build in every citizen a sound character, good social relationships individually and community-wise on the basis of law and order, discipline and good manners, for all citizens’ healthy national aspirations and the country’s social and civic progress. When the home front is peaceful and domestic affairs just and fair, foreign affairs will be a true reflection of good domestic relations and not a playing out of local political party intrigues on the international stage.

VIABLE PLANS IN EVERY MINISTRY

Therefore education should be depoliticized and educational policy should be the responsibility of educationists who think of the good of all those who are getting formed to be adult, mature, civic-minded responsible citizens of their motherland.

Allocating equitably, justly and fairly the resources needed for uplifting education and providing space for an education that is an ongoing formative cultural process is the responsibility of good governance. The intelligent and the educated will then create new avenues of employment, gainful activity and human services needed in the future.

Also, the health of the people should not be in any way a means of filthy exploitation by any agent directly involved in the sector of health and in the health-life of the people. Some experts in health as well as producers of drugs and all other materials and facilities needed by patients may also need a wholesome formative education to have a social consciousness to be saved from a dehumanizing greed.

When our environment is sufficiently taken care of, our land and the vast sea surrounding her could produce all that we need and more for our food and drink endowed as we are with an abundance of resources of water, sunshine and wind that could be used also for producing energy and power. Our agriculture should provide a major share of the food we need while generating worthwhile and rewarding employment to those engaged in it. Agriculture could also open avenues for many other industries that will produce commodities marketable locally and abroad. As industries give employment to many men and women, people’s representative should be imaginative and creative enough to initiate new industries that generate employment. This requires a higher intelligence and a quality education than the low level of education shown by many Ministers and MPs with blunted intelligence whose capabilities are limited to enrolling their political henchmen in state agencies and corporations that are overstaffed already.

Even though there is a Ministry of Planning and Plan Implementation, Political parties that have come to power have neglected well thought-out national development plans involving the coordinated engagement of all ministries.

The people have had the experience of politicians with elaborate and impressive plans in their election manifestos which have been completely forgotten after election campaigns. This is nothing but spawning of lies and deceiving the people.

DO NOT HIDE TRUE INFORMATION

Politicians should not distort and assassinate the truth in local and national politics and on the international stage. Truth is the correspondence of one’s words to one’s thoughts. It is what we say conforming to reality. When a government minister says, for example, “I could only give this particular directive; I cannot do otherwise. I keep to this principle; it is the right one”, it sounds very reasonable. But that is not what it actually is or what actually takes place. Take another example. A minister says, “The former regime has borrowed from another country US$ 150 million 10 years ago at 5% interest p.a. and has not settled the debt, it means that this country is now in debt to the extent of $220.5 million. When the borrowings are in the thousands of billions, one could calculate what an enormous debt the country has to pay back. And now we have to carry this burden and pay the debt”.

 But when the new regime comes and shows no lessening of corruption or wastage, no frugality or economizing in expenditure, no lessening of borrowing, no significant increase in production, earnings from exports and services but a substantially higher increase in the debt, people begin to see that the truth about the real state of affairs is not set before them.

Among the questions on which people need true clarifications, the main are: How economically viable were the projects financed by the debts? How feasible is the manner of settlement of the debts agreed upon and how prudent and credible was the minister/s of the former regime who negotiated the debts, how economically or wastefully was the money spent; how much was robbed and banked abroad and how credible are the ministers who are now speaking about turning round and making the erstwhile white elephants generate a viable income, and are we not getting deeper into debt even now?

These are not always easy matters for the citizens to discern when much of the information needed is glossed over and hidden from them.

It is important for the people to know the true state of public affairs whether it is about the New Constitution and the principles of government, about the state of agriculture, education, health, tourism, foreign trade and work of expatriates etcetera and about the viability of development projects (Megapolis, RDA, Norochcholais, Uma-oyas, Hambantota Harbour, Mattala Airport, Arms and Aircraft Deals), the work of incompetent and corrupt political appointees as ambassadors and policies regarding various economic issues, along with the possibility of their implementation. It is important for the people to know well the true state of public affairs and the integrity of those who wish to deal with them on behalf of the people.

The political stability and economic progress that contribute to the pursuit of peace, happiness of the people and freedom from undue worry can never be divorced from truth. When truth is compromised and even assassinated and seen to be so, space is created for misinformation, fake-news and naked lies to rise and prevail leading to social disorder, lawlessness and fratricidal conflicts.

Sri Lanka needs to discard and dump in a limbo the noted corrupt political and administrative figures. The citizens should take the initiative to summon a new generation of honest persons, genuine patriots into politics and public service. 

Ex-Tigers complain military obstructs their political activity 

By Dinasena Ratugamage-April 7, 2019, 9:28 pm

Some former LTTE cadres have recently alleged they are under constant surveillance by the military though they have undergone rehabilitation. They have also claimed that military interference has hampered their political activity.

US human rights activist Critina James, last Friday, (April 05) received a briefing from former LTTE cadres during a visit to the Jaffna peninsula.

The ex-LTTEers said that they had also complained to the Geneva-based United Nations Human Rights Council (UNHRC) about military interference. They met the US activist as members of a North-based political party consisting of ex-LTTE cadres.

The LTTE is still a proscribed group in Sri Lanka.

They alleged the people were still suspicious of them due to the military constantly watching their movements.

Exalting People Professionals: Explore, Expand and Excel

Handing over the hosting of World HR Congress 2020 to Prof. Ajantha Dharmasiri representing CIPM, Sri Lanka, in Chicago, by WFPMA former President Peter Wilson from Australia and current President Leyla Nascimento from Brazil

 Monday, 8 April 2019 

The most premier HR event in the world will come to Colombo in 2020. It will bring prestige to the pearl of the Indian Ocean. We have selected a simply significant theme with wide-ranging implications ‘Exalting People Professionals: Explore, Expand and Excel’. Today’s column is a look at the prospects to Sri Lanka in hosting such a premier event, with multi-faceted benefits.
Overview

Exalting is all about promoting, elevating, acclaiming, or strengthening. In exalting people professionals, what we want to showcase is the lasting value of the most precious resource in any organisation. It is an invitation to all people managers to explore the fascinating facets of human resource management. It in turn will invite them to expand their knowledge, skills and attitudes. In doing so, they will exceed performance expectations in exceling themselves.

The main overarching theme was carefully selected also to incorporate global, regional and local best practices. One’s best practice can be someone else’s next practice. The Chartered Institute of Personnel Management (CIPM) Sri Lanka is geared to generate a memorable mega event in showcasing what talented Sri Lankans can offer to the world.

The steering committee with CIPM President Dhammika Fernando being the chairman and me, the immediate past president, being the deputy-chairman, are making steady progress in making a lofty dream a lasting reality.

It is an opportunity not only for HR managers but all ‘people professionals’ to sharpen their skills and to upgrade themselves with cutting-edge knowledge. In an era where rapid change is the only unchanged reality, the World HR Congress will be an oasis for knowledge-thirsty managers who handle people, deal with people and get work done through people.
World HR Congress and WPFMA

World HR Congress is initiated by the World Federation of People Management Associations (WFPMA). Reflecting its international origins and concerns, the meeting location moves among its member countries.  The World Congress has been held since 1986 in twelve different countries.

The most recent one was held in Chicago, USA in 2018 and they handed over the organising reigns for CIPM Sri Lanka to host it in 2020. I was so happy to be there as the then president of the CIPM (then IPM) in receiving the hosting rights. 



The World HR Congress aptly enables managers to build a global community of peers, to discuss new developments in HRM, and to network with colleagues from around the world who face similar complex challenges in HRM. It is a glamorous event in bringing in managers for a refreshing reflection collectively done through a mega event rich in both intellectual and interactive dimensions.

In fact, WFPMA is an organisation representing more than 700,000 people management professionals in over 950 national personnel associations around the world. It was founded in 1976 to aid the development and improve the effectiveness of professional people management all over the world.

The founding members of WFPMA were European Association for People Management (EAPM), Inter-American Federation of Personnel Administration (FIDAP), Inter-American Federation of Human Resource People Management Associations (FIDAGH) and American Society for Personnel Administration (now SHRM – the US Society for Human Resource Management). Subsequently, the Asia Pacific Federation of Human Resource Management (APFHRM) joined as a full member in June 1980. Further, North American Human Resource Management Association (NAHRMA) was established and admitted as a full member in April 1997. Also, African Human Resources Confederation (AHRC) (formerly African Federation of Human Resources Management Associations), established and admitted as a full member in March 2004. AHRC members are the AFHRMA, and the Federation Africaine des Formateurs et Directeurs du Personnel (AFDIP).

Against a background of significant global disruption, change and the quest for competitive advantage, there is a growing awareness of the value of professional human resource management in helping to deliver that vital edge through people. The WFPMA advances its objectives through several frontiers. 

The premier among all is the World Congress held once in two years. Research on critical and emerging HR issues that have a positive impact on business is another front. Recognising outstanding world HR leaders through the WFPMA Petitpas Award is another initiative.

Convening twice-yearly Board meetings and specialist working groups, facilitating networks among member countries, federations and external bodies, promoting the use of a website for the dissemination of relevant information are also significant aspects of WFPMA. They have a WorldLink newsletter published five times a year.
WFPMA and APFHRM

The APFHRM is the network of human resources and people management associations' representative countries in the Asia Pacific region. It is duly affiliated to WFPMA. The Institute of Personnel Management (IPM) Sri Lanka is a vibrant member of APFHRM.

The APFHRM collectively intends to advance the standing of the HR and people management profession within the region. It does this through its member representatives regularly meeting to exchange knowledge and research on best practice in HR. From the member associations' geographical proximity to one another, the Federation's major focus is in matters relating specifically to HR in the Asia Pacific region.

The countries that form the federation are Australia, Bangladesh, Fiji, Hong Kong, India, Japan, Maldives, Malaysia, New Zealand, Pakistan, Papua New Guinea, Philippines, Singapore, Sri Lanka, Taiwan, Thailand and Vietnam. With the active participation of these country HR organisations, APFHRM aims to serve as the umbrella organisation of all human resources institutes within the Asia Pacific Region. It also aims at improving the quality and effectiveness of professional human resource management in the region.

Further, it encourages and supports human resource professionals in creating and developing their own associations in Asia Pacific countries where they do not yet exist. Also, APFHRM provides guidance and assistance to all member countries especially with regards to their programs that will uplift the human resource management profession.



The APFHRM strives to create a network of communities of practices in the region. It encourages national HR associations to identify research and report on invaluable lessons and stories of human capital management practices that will impact personal, organisational and business effectiveness through the creation of values by different groups of human capitals.

CIPM Sri Lanka has been the PRESIDENT of APFHRM in the past and currently occupies a Vice- President role.
APFHRM and World HR Congress

Based on the rotational nature of hosting, APFHRM will get the opportunity to host the World HR Congress in 2020. This is after the WFPMA World Congress 2018 held in conjunction with the Society for Human Resource Management (SHRM) Annual Conference and Exposition in Chicago, IL, USA on 17-20 June 2018. Reflecting its international origins and concerns, the event ‘moves’ around the world. The World Congress has been held since 1986 in the following cities.

2018 Chicago, USA, 2016 Istanbul, Turkey, 2014 Santiago, Chile, 2012 Melbourne, Australia, 2010 Montreal, Canada, 2008 London, UK, 2006 Singapore, 2004 Rio de Janeiro, Brazil, 2002 Mexico City, Mexico, 2000 Paris, France, 1998 Caracas, Venezuela, 1996 Hong Kong, 1994 San Francisco, USA, 1992 Madrid, Spain, 1990 Buenos Aires, Argentina, 1988 Sydney, Australia, 1986 Washington DC, USA. 


We can clearly see that it has been held twice in Australia that covers Pacific region. It was also held in Hong Kong and Singapore that covers the East Asian region. What has not yet covered in the Asia Pacific region is South Asia, which houses one-fifth of the world population.

That was our competitive advantage. Myself, together with Dhammika Fernando and my predecessor at IPM Rohitha Amarapala, outbid Australia, Thailand and Philippines in winning the hosting rights through very competitive process in Hong Kong in 2017 November.
Benefits for Sri Lanka 

Now the ball is in our court. We need to do justice for the Asia Pacific Region in not only showing the organisational capabilities of CIPM Sri Lanka but also showcasing Sri Lanka as the ‘Wonder of Asia’. It will be a collaborative effort of CIPM and other professional bodies representing multiple fronts. 

The Postgraduate Institute of Management (PIM), being the nation’s ‘management mentor’ will be a partner for this endeavour. Sri Lanka Tourism Development Authority (SLTDA) and Sri Lanka Institute of Tourism and Hospitality Management (SLITHM) also have already expressed their willingness to collaborate.

The World HR Congress will show the world the potential of post-war Sri Lanka with its multiple investment offerings. Also, being the knowledge-hub of South Asia with a very high literacy rate and other Human Development Indicators (HDIs), Sri Lanka can make an impactful impression among the global and regional participants of the event. Opportunities for knowledge sharing, research collaborating and professional networking will be in abundance.
Way forward 

As Walt Disney said: “If you can dream it, you can do it.” This is what keeps us going. As the logo of the event depicts, the national flower holds the globe, significantly depicting the island nation of Sri Lanka.  Despite the bumpy rides we often see in the political circles, our motherland has many things to be proud of. Surely, we will make the World HR Congress 2020 such a meaningful and memorable event. This is how we exalt people professionals in inviting them to explore, expand and excel.

(Prof. Ajantha Dharmasiri can be reached through director@pim.sjp.ac.lk, ajantha@ou.edu or www.ajanthadharmasiri.info.)

Royal Institute Chairman’s Daughter Slamming Supreme Court – Audio Proof

APRIL 5, 2019

A group of alleged loyalists and close acolytes of the management of Royal Institute International School have commenced a media smear campaign to safeguard their Academic Director Dr. Nirodha Bandara, when she lashed out calling the three bench Supreme Court Judges as heartless, due to an order that was given by them to demolish their Nugegoda Branch School and also the cancelling of its business license.

Dr. Nirodha Bandara

Whilst addressing a group of teachers, parents and students at their Kohuwela, Nugegoda Branch at 92, Sunethra Devi Place last Saturday, Dr. Nirodha Bandara besides calling the Supreme Court Judges heartless not once, but on two occasions (listen to at audio 7 mins 38 seconds), vowed to exhaust all avenues legally and politically (listen audio 3 mins 58 seconds) and also instigated the members of the audience to go and scold the residents who filed a case against the school (listen to audio at 3 mins 34 seconds).

Colombo Telegraph in its publication yesterday under the caption “Royal Institute: Kamal Gunaratne Resigns – Owner’s Daughter Says Supreme Court Is Heartless & Vows to Use Political Influence” confirmed that it does have an audio recording of Dr. Nirodha Bandara speaking at the event.

Listen to the audio below:

Video Player

01:28

08:17

However despite stating that evidence to the facts published in the story is in Colombo Telegraph’s possession in the form of an audio recording (8 mins 17 seconds), it was not uploaded with the published story.

Meanwhile a group of individuals named Chathura Muthukumara, Miuranga Suriyapatabendi, Thushmi Sooriyaarachchi and Sarith Abeygunawardena using their Facebook profiles went on to smear the published Colombo Telegraph story with some saying they were physically present at the meeting and all claiming in unison that Dr. Nirodha Bandara had never made such statements as published.

Please see some of the comments posted below.

Chatura Muthukumarana: As alumni of Royal Institute who was present at yesterday’s meeting, I can assure you this did NOT happen. She was quite respectful toward the Supreme Court judges and their decision.

Chatura Muthukumarana: She said she respected the Supreme Court decision at yesterday’s meeting. Article is false.

Miuranga Suriyapatabendi: What a false article. I was there at the meeting and there was no mention of going against the sc and using political power

Thushmi Sooriyaarachchi: This is actually a false interpretation of what was actually discussed

Sarith Abeygunawardena: This article is inaccurate and fabricated. I was at this meeting and Dr. Nirodha said nothing of this sort. In fact, she affirmed to abide by the Supreme Court’s ruling.

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