Lasantha’s Daughter Sues Gota In LA; “Mr Nandasena, Here Are The Summons”

By Suranimala Umagiliya –APRIL 8, 2019

The daughter of Sunday Leader murdered Editor Lasantha Wickrematunge, Ahimsa filed action against Nandasena Gotabaya Rajapaksa in the courts of Los Angeles, California requesting a Jury trial and compensation. Gotabaya who was the Secretary of the Defence Ministry was widely known to be single minded and ruthless. His ruthlessness pervaded all he perceived and was not restricted to the LTTE.

Unlike strictures that bound other Secretaries of Ministries Gotabaya was not bound to follow any such rules. He was often seen making political speeches on behalf of his brothers and extended family. Any other government servant would have been issued a show cause and summarily dismissed. No, not Gotabaya. Apart from the whispered stories of white van abductions alluded to Gotabaya many were the published news of threats to journalists such as Poddala Jayantha and Fredrica Jansz. Yet this man wishes to be President of this country.

“There is no progress without discipline”, says Gotabaya throwing his hat into the ring to run for President. What about discipline for him? White vans, abductions, murder??? Is he a psychopath? Discipline? Certain signs of a budding dictator.

Gotabaya Rajapaksa was seen singing and partying with his ex Army buddies at the residence of his buddy Malraj de Silva ex Army surveyor whose wife runs montessori schools in Los Angeles. Never did he envisage that action would be filed against him as he had hired a legal firm headed by an Indian to cover his back.

Summons were served on Gotabaya on Sunday evening when he was shopping at a Trader’s Joe store. A tap on his back, “Mr Nandasena Gotabaya, summons for you” whilst photo evidence was also obtained shocked the once all powerful man. Let us watch how this action unfolds. Whilst Gotabaya answers whether he gave orders, executed the dastardly deed or supervised. That is the killing of the Internationally celebrated journalist Lasantha Wickrematunge recipient of the World Journalism Hero award and the UN award for Integrity. Lasantha was vilified by the Rajapaksas. But perhaps like all cowards he gave the nod to his trusted ex Army Intelligence Chief who passed down this to the next line and finally to foot soldiers who simply kill people not
known to them for the perks that come with it. Maybe overseas appointments to Embassies et al.

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Sri Lanka: Chambers For Peace Initiates

April 8, 2019, 8:50 pm

With a view to preparing private sector partners for a possible role in initiating peace dialogues through the business community, the Chamber initiated a programme on mediation techniques and skills for ethnic conflict resolution.

 

The United Nations office in Sri Lanka assisted in this initiative by providing Resource Persons from the Mediation Support Unit of the United Nations, for a workshop which was held in March 2019.

Following the workshop, the Ceylon Chamber of Commerce (CCC), along with other Chambers from across the country met early on Monday (08 April) to discuss businesses’ roles in peacebuilding.

 

During the meeting, CCC’s CEO DharaWijayatilake stressed the importance of the private sector playing an active role in peacebuilding, especially since a survey conducted by the United Nations revealed that the general public has invested a lot of confidence in the sector.

“We believe it is important to prevent conflict. The potential for conflict is there, and it is very natural that conflict happens — but we often forget that it’s much wiser to respect people,” she said.

 

Moving forward, the Chambers discussed the possibility of linking up with regional chambers and identifying ‘hotspots’ for ethnic tensions, then strategizing preventive measures by engaging youth and local businesses to mobilise in moments of need to intervene in the event of conflict. They also discussed the need to enhance communication and financial skills to strengthen trade associations and the business community, while identifying peace-specific programmes to engage in.

 

Representatives from the United Nations, the Central Province Chamber of Commerce, the Hambanthota District Chamber of Commerce, the Sabaragamuwa Chamber of Commerce and Industry, and the Employees Federation of Ceylon were among the organisations present at the discussion.

THE EUROPEAN UNION & THE LIKE MINDED COUNTRIES CALL ON SRI LANKA TO MAINTAIN ITS MORATORIUM ON THE DEATH PENALTY.

08/04/2019

The Delegation of the European Union (EU) issues the following statement in agreement with the Embassies of France, Germany, Italy, Netherlands, Romania and the UK High Commission, the Embassies of Norway and Switzerland, as well as the High Commissions of Canada and Australia.

The Government of Sri Lanka has recently taken measures towards resuming executions and bringing an end to Sri Lanka’s 43-year moratorium on the death penalty as part of its stepped up anti-drug policy. While acknowledging that combatting the proliferation of drugs is a serious challenge for countries around the world, and that action to counter the illicit drug trade is important and necessary, the evidence does not support the argument that the death penalty is an effective deterrent. We are ready to share our experiences in addressing the threat posed by drugs.

 More than two-thirds of countries around the world, with a variety of legal systems, traditions, cultures and religious backgrounds, have either abolished the death penalty or do not practise it. The death penalty is an unacceptable denial of human dignity and integrity.

We call on the Sri Lankan Government to maintain its moratorium on the death penalty in line with its vote at the 73^rd United Nations General Assembly in December 2018.

Gota Sued In USA

There has been some discussion that Rajapaksa has given up his U.S. citizenship in order to run for higher office in Sri Lanka. 

by Beth Van Schaack-April 8, 2019,

Human rights lawyers have sued Sri Lankan presidential hopeful Gotabaya Rajapaksa in federal court in the Central District of California. Rajapaksa, who is a joint Sri Lankan-U.S. citizen, was served with process in the parking lot of a Trader Joe’s, of all places.

Plaintiff Roy Samthanam, who is a Canadian citizen, alleges that he was detained and tortured from 2007-2010 by the Terrorism Investigation Division of the Sri Lanka police. He tells his harrowing story of physical and mental torture here and in this video. He is represented by the International Truth & Justice Project, under the leadership of the indomitable Yasmin Sooka, and a private law firm. The U.N. Human Rights Committee, which evaluates states’ compliance with the International Covenant on Civil & Political Rights, has already ordered Sri Lanka to pay him compensation. A separate case was apparently filed on behalf of the family of assassinated journalist Lasantha Wickrematunga. Rajapaksa is known to own property in California, which could be attached for the purpose of any civil judgment against him.

Just Security has extensively covered the aftermath of the war in Sri Lanka, which is characterized by an entrenched impunity. In particular, we have offered a number of proposals for how the Department of Justice could prosecute Rajapaksa under the U.S. War Crimes Act, which has never been activated to date. That statute grants jurisdiction over war crimes committed by, or against, U.S. citizens.

There has been some discussion that Rajapaksa has given up his U.S. citizenship in order to run for higher office in Sri Lanka. This does not affect the viability of these civil cases because he was served with process while in the United States, and was—in any case—a U.S. citizen at the time he allegedly acted. The Torture Victim Protection Act (28 U.S.C. § 1350 note) is expressly extraterritorial, so does not raise the extraterritorial issues presented by the Alien Tort Claims Act.

GR faces legal action in US

Assassination of Lasantha

Summons served in grocery

By Shamindra Ferdinando-April 8, 2019, 9:31 pm 

Sri Lanka Podujana Peramuna Chairman Prof. G. L. Peiris, yesterday, said, that legal acton against wartime Defence Secretary Gotabaya Rajapaksa, in the US, should be viewed against the backdrop of him being widely considered as SLPP candidate at the presidential polls later this year.

Former External Affairs Minister Prof. Peiris said so in response to a barrage of questions at the regular SLPP media briefing at its Nelum Mawatha Office in Battaramulla. The former Law Professor explained how interested parties could move court against Gotabaya Rajapaksa to hinder his efforts to renounce US citizenship.

In terms of the 19th Amendment to the Constitution enacted in April 2015, dual citizens cannot contest presidential or parliamentary polls.

Prof. Peiris confirmed that a case had been filed in the State of California by Ahimsa Wickrematunga, daughter of the slain Sunday Leader editor Lasantha Wickrematunga.

Wickrematunga was killed in early January 2009 in Colombo.

Prof. Peiris pointed out that action had been filed a decade after the assassination though, Gotabaya Rajapaksa almost every year visited the US over the past decade.

Prof. Peiris queried whether judicial system was being abused for what he called collateral purpose.

Summons on Gotabaya Rajapaksa is said to have been served in a grocery store in California.

The UNP led government relaunched investigations into Wickrematunga’s assassination after the change of government in January 2015. Among those questioned in connection with Wickrematunga assassination probe were Gotabaya Rajapaksa, Field Marshal Sarath Fonseka, former President Mahinda Rajapaksa and several members of the Directorate of Military Intelligence (DMI) including its wartime head and later Chief of National Intelligence retired Maj. Gen. Kapila Hendavitharana.

Ahimsa filed action in the US close on the heels of Lasantha’s elder brother Lal Wickrematunga, Sri Lanka’s Counsel General in Sydney, scotching speculation in Colombo political circles that he was to resort to legal action. Ahimsa has sought a jury trial.

Prof. Peiris discussed what he called legal impediments faced by a popular presidential election candidate. Recently, Gotabaya Rajapaksa declared his intention to contest 2019 presidential election and launch a campaign in support of his candidature.

In addition to Wickrematunga’s assassination, two other senior journalists, namely Upali Tennakoon (Editor Rivira) and Keith Noyahr (The Nation) were attacked during the Rajapaksa administration. The previous administration is also under fire over the alleged disappearance of media personality Prageeth Ekneligoda on the eve of January 26, 2010 presidential election. The DMI has been investigated in connection with all four incidents.

Prof. Peiris also dealt with the SLPP’s reorganisation project with the focus on talks with the SLFP. In spite of the SLFP again squandering an opportunity to undermine the UNP in parliament by collectively voting against the latter at the third reading of budget 2019, the SLPP was determined to explore every available avenue to reach consensus with the SLFP.

Prof. Peiris said that the SLPP would go ahead with the third round of talks with the SLFP tomorrow (April 10).

Responding to a query, Prof. Peiris said that the SLPP programme was on track and the National Convention of the party was tentatively scheduled for August 2019.

Prof. Peiris said that the party was going ahead with planned activities in accordance with overall plans worked out by architect Basil Rajapaksa, former SLFP National Organizer.

The Spirit Of Sinhala New Year & The ‘Boycott Of Muslim Goods’ 

By Lakmal Harischandra –APRIL 9, 2019

Lakmal Harischandra

Robert Knox has said that the “Sinhala New Year is the greatest feast of the Sinhala race”. Sinhala/Tamil New year is the annual traditional cultural event of the Sinhala and Tamil communities in our country.  The purpose of this event is to build bridges among people and break the dividing walls if any. The whole island takes on a festive mood as people gear up for the upcoming celebrations by cleaning homes, shopping and making New Year sweetmeats, to begin the New Year on a joyous and positive note. The best part is the preparation of sweetmeats and purchasing new clothes. In Sri Lanka it is the cuckoo that heralds the dawn of the New Year. The mood of the occasion is such that none can stay aloof, isolated or dissociate themselves with the hubbub that is annually made. Today the Sinhala Ayurudda has become a national fiesta engaging all in celebration of family and togetherness and harmony between all communities. As such Hela Avurudda is symbol of togetherness and “harmony.

The sound of firecrackers and the rhythm of ‘rabana’ (drum) signal that it’s the dawn of a new beginning. The hearth is lit by the lady of the house facing the designated direction (which varies every year) and either the traditional new year dish, Kiribath, is cooked or a pot of milk is boiled, both signifying prosperity. Families sit around the table and share the kiribath, as the head of the family offers it to all members. After this the oil lamp is lit and the feast commences. After meals, children show respect to their elders by offering sheaves of betel and elders bless them. The elders in return would give them money and commence the first financial transaction (ganu denu) of the New Year. Plates of sweets and other goodies are exchanged between neighbours ( of all nationalities) and it is a tradition that the plates should not be returned empty. Families visit their relatives and friends forgetting resentments and to strengthen their relationships during this joyous season.

When this is the brotherly spirit with which our ancestors celebrated the new year, there has been an unsavoury trend in recent times to create divisions and bitterness among communities through various hate ruses. One of the worst developments has been the advocacy of a boycott of goods from Muslim shops, promoted among Sinhala people, in the period before the New year by disgruntled elements and vested interests. This hate campaign starts off in the social media followed by both colourful posters on city walls and dog whistles in the run up to the New year. This campaign carried out by hate peddlers possibly supported by some sections of the Sinhala business competitors, naturally make the gullible Sinhala peasantry to take the boycott as an act of  displaying ‘Jathiya-aalaya’ (nationalistic fury) with much emotion and misplaced enthusiasm.

It is recalled that during the Post-war period , the Bodu Bala Sena along with other sister bodies called for the boycott of Halal goods and also Muslim owned companies including clothing stores such as No-Limit and Fashion Bug. Many stores were set on fire as well.  This resulted not only in a loss of business to the individual companies but also placed the stores and their staff at risk, growing to a larger economic boycott of Muslim businesses. Then, it was brought to light that anti-Muslim leaflets were being distributed in many Buddhist Temples during Poya days. The leaflets asked the Buddhists to boycott halal products, not to sell properties to Muslims and boycott Muslim businesses. Posters and banners also appeared threatening  the Sinhalese to boycott Muslim businesses and not to sell properties to Muslims. Eggs were also thrown at the shoppers who purchased from Muslim shops. It was also comical that propaganda in websites asked people to boycott the “Mohideen beg” songs in Buddhist Temples. Even though he was not a Buddhist, Mohidin Beg sang the most popular Buddhist theme songs in the Sinhala language. 

BBS Secretary Gnasara thero also appealed to  the Sinhalese people to boycott Muslim businesses and reject Muslim doctors as they appear to administer contraceptive pills to reduce the expansion of the Sinhala population. This latter propaganda about contraceptive pills in foods served to the Sinhalese also came up as a pretext to wage the Ampara attack in 2018 which was subsequently proved to be a canard. Thus, the ultra-nationalist BBS led by the firebrand hate monk Gnanasara Thero had been then on a nationwide rampage spreading anti-Muslim venom to cause material and psychological harm to the Muslim community. Other hate outfits like Ravana Balaya and Sihala Urumaya lent their support too. When the government changed, the people expected that status quo will change and Yahapalana regime will reign in these elements spreading hate and bigotry . They seemed to do at first, but then another repeat hate campaign was observed more as undercurrents which culminated in the Digana incident. Today, the same hate peddlers will similar agendas have sprung up and continue to inflict irreparable damage on community relations between the  Sinhala and Muslim people by way of  boycott calls and social media hate. 

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Sri Lanka: Time To Tame The Presidency

Scrapping the presidency would solve the problems that the present political leaders face. All of them seem to be in a quandary and weighed down by their personal vendettas and ambitions, and unable to take a decision that is good for the country. 

 

by N.A.DE S. Amaratunga-April 8, 2019

 

Presidential system is a burden on the country and its people, and when it is like the present arrangement where the president and the parliament do not see eye to eye, it could be disastrous as being proved now. During the last four and a half years, nothing was done to develop the country as consensus was not possible on any issue, and investors sensing the discord would not take a chance with their money. At present the president is trying to enhance his image and the prime minister his, in view of the elections that hover in the horizon. The two have conflicting interests, and nothing gets done except heaps and heaps of promises. Therefore, the people would be better off without an executive presidency, and the burden of maintaining a more or less useless institution.

 

The recent budget allocation for the president shows the magnitude of this issue. Further, a presidential election would cost about Rs. 500 Million, which this almost bankrupt country can ill afford. Moreover, the parliament is also proving to be ineffective in solving the country's problems as it depends on minority ethnic parties for its existence, and has to dance to their tune forgetting the people's woes. We need a stable government instead of a weak president and a tottering parliament.

 

There is no guarantee that future elections would bring in a better arrangement. Future elections too could result in a situation such as the present, with the president and prime minister belonging to two rival political parties with opposing national policies. It has happened in the past and may happen in the future. Consequently there will be two heads vying for supremacy and they will be eternally at loggerheads, and the country would slowly decay. This weakness will be exploited by corrupt politicians to make money, minority political parties to demand the moon, separatists to plot for a separate state, and foreign powers to pursue their geopolitical agenda, with the president and the prime minister tripping each other to please these devils.

 

The argument in support of an executive presidency is that the central control it has on the provincial council system is essential, without which the tendency for secession could be high. We must remember that the presidency came before the provincial councils, and neither made the other compulsory. One problem cannot be solved by another problem as clearly seen. We realize this after a long haul and great expense. Provincial councils are worse than the presidency, both in terms of cost and benefit. Our small economy cannot carry this dead wood any longer. However, an attempt to get rid of both at the same time might jeopardize the whole project and end up in total failure. Until Tamils realize that PCs are an "Anna round the neck" our poor people may have to carry the Tamils’ burden as well.

 

Another argument is that the war would not have been won if not for the presidency. On the contrary, a strong government and a determined prime minister would have done the job equally well. We have had presidents before, but none had the determination and the courage to fight to a finish. The preservation of the unitary nature of the state is said to be dependent on an executive president elected by the entire country. On the contrary, a strong parliament with a good majority, and with crossing over of MPs prevented by law, would be able to achieve whatever that an executive president could achieve.

 

Scrapping the presidency would solve the problems that the present political leaders face. All of them seem to be in a quandary and weighed down by their personal vendettas and ambitions, and unable to take a decision that is good for the country. If none of them take a step backward and all of them enter the fray, a chaotic and uncertain situation could result and the country could get into anarchy. To avoid such a situation all of them could get together and pool their resources to get rid of the inimical presidency, revise the electoral system according to the recommendations of the Dinesh Gunawardena Committee, bring the PCs under the control of the parliament, in the same way that the president has control over them at present, and enact necessary laws to prevent cross-overs by MPs.

 

Such an action plan would solve the problem of the incumbent president and also those who are vying to get presidential nomination and their supporters, who are waging a battle within their parties to the consternation of all concerned. These battles, if they continue in their present intensity and venom, have the potential to divide these composite parties irreparably, which in effect would be a tremendous loss to the country at large. Abolition of the presidency would also pave the way for an easier merging of fractions of like minded parties and forge stronger alliances to face the common foe. Also, a stronger common front against separatism and foreign interference could be coalesced if the intra-party bone of contention is removed. These parties must realize that their personal differences had not only cleaved their parties, but it had created an opportunity for separatists and foreign powers to exploit the political weakness thus created. And at present the country is in such peril due to the personal weaknesses of our leaders. To pursue with a presidential system, with all its immediate destructive possibilities and its long term cost to the people is to court disaster.

 

Small political parties may want the presidential system to continue for they fear that an abolition of the presidency would have concomitant electoral reforms, with a change in the present PR system which they think would be disadvantageous to their parties. This is a selfish attitude. If these leaders of small parties cannot win on their own, but has a role to play in the country's politics and governance, the best for them would be to be absorbed into their respective patron parties; instead of holding those parties to ransom and forcing them to follow a policy inimical to the country. After all it is the votes of the patron party that carry them through, their inability to win on their own prove the point.

 

Abolition of the presidency, changing the electoral system, and enactment of other laws mentioned above would entail a constitutional reform. Time may not be enough to do all that before the declaration of the next presidential election. Yet, it may be possible to postpone the presidential election by a few months to find the time to do what is good for the country and all the present leaders. Let the leaders get together and do themselves a favour.

Sri Lanka at crossroads?

The latest LMD-Nielsen survey: 55% say economy will get worse

• The recent LMD-Nielsen report stating that 55% are saying the economy will get worse does not augur well for the Yahapalana Government  

 April 8, 2019, 8:50 pm 

The Sri Lankan economy is worth around $ 93 billion with the per capital income at $ 4,310 and the country achieving most of the Millennium Development Goals. However, the country is going through some tough times with questions on governance stemming from the Central Bank fiasco to the recent power cuts that have taken the Government’s popularity to the wire.

The latest update on the 2019 economic growth is being forecasted at 4% GDP growth for the year in the backdrop of a 1.8% GDP registered in Q4 of 2018 which does not augur well for the country where its neighbours are growing between 6-7%. We expected the Yahapalana Government to bring us in step with the South Asian region but looks like the domestic issues have overpowered the hope of the nation that we voted in 2015.

2019 to date 

In this backdrop Budget 2019 was presented, which further fuelled the expectations of the average customer. The pre-poll expectation was that 90% of the people wanted the prices of essentials reduced whilst over 50% wanted a reduction of the price of fuel and gas which did not become a reality except an increased burden due to the power and water issues.

The recent LMD-Nielsen business confidence report stating that over 55% of the corporate community is stating that economic conditions will get worse whilst 57% is stating that sales have declined over last year does not give much confidence to the negativity that exists in society due to the water/power issues. What is more worrying is that the powers in rule are not understanding the reality.

SL losing out regionally?

Global research done on Sri Lanka reveals that apart from the GDP performance of a country, a country’s image tends to have a positive correlation on inward investment, adding value to exports of a country and attracting quality tourists whilst having a positive impact on skilled migrants.



Whilst Sri Lanka is becoming strongly linked to the world post 8 January 2015, it’s also important to understand the reality of the country from a global image perspective. As per Brand Finance, Sri Lanka as a nation is valued at $ 74 billion and ranked 55 globally up from the 76 ranking way back in 2011. In South Asia it is at number four as against powerful brands like India at $ 2,066 with a rating of A+. The report states that whilst Sri Lanka is weak on the area of reforms for economic growth, the problem is that it is also very weak on the area of brand equity building which is a very serious issue as normally the ‘Greens’ are known for strong economic growth and very close engagement with the private sector.

Technically, this can be conceptualised with the rating for the reputation of a country as a society, rather than an economy. In other words it is the political and social reputation of the country globally which we thought would be addressed by the IMF. But sadly this perspective has been coloured with only financial stability being the focus which will push the growth agenda of Sri Lanka by over 100 years. This was mentioned by business tycoon Dammika Perera at the ‘Fireside Chat’ that was staged recently attended by the Prime Minister.

Brand value – Sri Lanka?

A point to note is that Sri Lanka has grown 221% on brand value since 2011, but if we benchmark against Bangladesh which was considered a lower performance country 10 years back, it has beaten us to register a 261% growth and a commanding 170 billion dollar economy. This is very sad given that we were the blue-eyed country to the great Lee Kuan Yew way back in 1960.

The reforms done by Bangladesh on the export front is a lesson for Sri Lanka that we are yet grappling to take control of. Sri Lanka on the export front is more a supplies issue than demand driven but the reality is that in 2018 the growth is just 4.7%. If one does a deep dive the volume growth is by 0.5% whilst the export unit value growth is at 4.1% which does not augur well in the back drop of stellar performance by Bangladesh and India on exports with all its economic and weather issues

Pakistan – Strong in reforms 

Believe it or not Pakistan is the trailblazing nation that has grown its brand value from a mere 93 billion in 2015 to 128 billion dollars during the test period up to 2016, at around 38%, which is rooted to the deep cutting-edge reforms that the country has implemented.

The country is implementing the IMF reforms though it is hurting the people which is a key pick up to Sri Lanka in my view. Sadly the other issues on governance and the workings of a political economy is marring this vision in Sri Lanka. For Pakistan, the lower oil prices and improving security situation despite the issue with India on Kashmir is working for the country.

So Sri Lanka 

Even after four years Sri Lanka has failed to position the country on the tourism front with the industry struggling to make the P&L look pleasing to an investor. As much as 1,500 properties are up for sale, including two hotels in the city whilst we see March tourist arrivals hitting single digit to achieve a cumulative performance of 4.7%. Research reveals that there is a positive correlation between nation brand building and quality of tourism coming into a country.



The global nation brand policy expert and advisor to many governments globally Simon Anholt advocates from his experience that manipulating the imagery with strong marketing techniques does not help build a strong nation brand. Reputation must be earned over time by the actions that governments implement and people inside the country emanate to the world, which is the exact problem in Sri Lanka.

Even today we see many governance issues that have made it to viral media that is globally accessible – the CBSL bond issue, the resignation of the Bribery Commission DG and the many other arrests that are made of high profile individuals from the earlier regime which affect brand imagery globally even though as a policy we must do these course corrections.

Building image?

Whilst advocating strong campaigns on tourism and tea, Simon Anholt goes on to say that building brand imagery with diplomacy and marketing campaigns are a waste of taxpayers’ money and must not be done. His logic is that a product sells a promise and hence advertising will help communicate this promise and make the consumer surrender some money to purchase the product (brand).

But, in the case of a country, it is different as with the advertising you are asking someone to ‘change the way they think towards a country’. This cannot be done via sexy advertising. You have to get people to experience the change with actions. On this front the continuous demonstrations we see in Colombo do not augur well for the country. In fact a typical demonstration costs the country Rs. 100 million is the latest research from the think tanks.

Malaysian example

Countries like Singapore and Malaysia have shown the world that image can be corrected if it is channelled from the Central Government, not by way of brand marketing but by actions that have earned the respect of the people in the country which has garnered a positive image globally.

Malaysia in particular realised that first impressions count. Many people globally purchase brands by first understanding from where the brand originated. Malaysia also realised that to attract the top end tourist into the country, one must have a strong reputation globally which is conducive. If not, a country cannot garner the best return for the assets they possess.

Next steps 

Much needs to be done and many are saying it but sadly implementation lacks passion and attention to details which leads to inaction. The only remedy is for the people to be more vocal and it is fast becoming a way of life in Sri Lanka.
(The thoughts are strictly the writer’s personal views and not the views of the organisations he serves.)

A courageous woman’s struggle for survival

Ramani works at her plot of land

10 April 2019

This is a story of a courageous woman who lives in Watawala Dewahuwa in Galewela. She labours hard in agriculture for her survival without the help of others. When we met her on the day when the whole globe was celebrating ‘World Women’s Day’ there was no change to her daily work routine. 

She is P.P. Champa Ramani Pathirana, aged 46, and lives with her two daughters. She is separated from her husband. The village she and her offspring live in is an extremely remote-rural area. Living is very hard here. She spends her day engaged in cultivation. She starts her day early in the morning and works till night. Her struggle for existence takes places in a five acre plot of land. They spend very little on food because most of the vegetables and fruits they need are grown on their land. They sell the excess produce at the market. But they do have to buy their essentials like salt, dried-fish and other sundry food stuff.   

Deserted by her husband, 46-year-old Ramani labours in agriculture to feed her children

Ramani works hard like a man from early in the morning. She prepares the soil for planting, nurses plants, fertilizes them and attends to other needs of cultivation. She is toiling now to secure the future of her two daughters; one is preparing for the 2019 GCE O’Level Examination and the other is a year 07 student.   

She takes the agricultural produce from Watagala to Dambulla Economic Centre covering a distance of 30 kilometrers on her mini motorcycle to sell them. 

Ramani says she is never distraught by the difficulties life presents her with. She takes pride in saying that she alone toils to cultivate the five acre land. As much as two acres of the land comprises paddy. She does the ploughing herself. 

She does not like to depend on anyone for the survival of the family. This is a classic example of a determined woman sweating for the sustenance of her family. 

Ramani has studied up to the GCE Advanced level in the commerce stream. After her unsuccessful marriage she had taken up agriculture as the means of her survival.   

Her struggle for existence takes places in a five acre plot of land. They spend very little on food because and fruits they need are grown on their land

Her ambition is to educate her daughters and make them valuable citizens and also see them engage in paying careers. 

Though living in a small house having to toil hard to make a living she appears to be happy with her life, which she devotes to her two daughters. 

This courageous woman deserves appreciation for her determination and self-reliance. She has made all women proud on World Women’s Day.

Over development, decreasing public space for quality of life

By Siri Gamage, Sydney-April 8, 2019, 12:00 pm 

In the last couple of decades, modern day cities like Sydney and Melbourne have been going through a boom time in terms of construction. Construction of infrastructure such as roads, metro lines, bridges, tunnels, schools, hospitals as well as shopping centres, houses and apartments. Cranes, bobby cats, concrete mixers, and helmeted engineers plus workers can be spotted at various points throughout these cities. In a matter of weeks low level buildings being constructed become high level structures as such ventures utilise modern construction technology for high rises. In these cities the influx of immigrants-permanent and temporary-keep the demand for housing, transport, consumer goods, and services such as education and health intact.

In this mad rush to build, the value and demand for empty land have become intensely contested. Developers look to buy or lease every available vacant lot for high rise buildings to accommodate office and living space, i.e. apartments and hotels for hungry buyers and those who want to rent. Thus, various streets that used to inhabit buildings with different architectural designs with diverse aesthetic value are being transformed into uniformity with square shaped concrete structures like enlarged boxes while blocking the natural sunshine to pedestrians. Developers who desire to build housing complexes purchase large blocks of farm land in outlying areas, block them and develop infrastructure to be sold at a higher price for would be buyers. On average a block of land suitable for housing costs over A$ 500000 in outer Sydney. When the house is completed the price tag comes closer to one million if not more. Here I am talking about places more than 30-40kms away from the Sydney city centre.

Governments -both state and federal-are slow to cope with this increase in construction activity and influx of immigrants to the cities in terms of social impact. Nonetheless, they have committed to building necessary infrastructure to address what they call congestion. Even in the budget announced last week by the federal government for the year 2019-20, several congestion busting infrastructure projects were announced involving several billions of dollars. The New South Wales and Victorian governments have put in place some infrastructure programs such as the building of metro lines between outlying population centres and the city. They have also invested significantly in hospital and school building programs as well as early childhood education.

Amidst this effort of governments to address issues of transport, education and health, community groups in various parts of these cities who are unhappy about the congestion, clogging of roads, time taken to travel for daily needs with delays, and even road accidents are complaining about the decreasing public space due to the expansion of construction activities of the government and the private sector. In particular, spaces such as public grounds, recreational facilities, foot paths and cycle ways, trees and grassland, swimming pools, community centres, upgraded libraries are among these. The mantra being used by political leaders and bureaucrats who want to push the ‘development agenda’ is to say ‘more is better’. This means more population, more businesses, more buildings and what is perceived as development. The cry of the community or the residents in these cities who notice the speed of construction and disappearance of their cities as they had known them is to say ‘less is better’. Surely there must be a middle ground between these extreme positions.

Those who live in rural and regional cities and towns as well as farm land seem to view these developments in major cities with an ‘I told you so’ attitude. One can’t blame them. The open space, lack of traffic jams, easiness with which one can get from one point to another, community and neighbourly feeling, less stress that one can find in country/rural areas are positives by any measure. One could also argue that family values and networks are stronger in these places compared to big cities under stress. However, from a planning perspective where the governments have failed is in bridging this city-country gap even by utilising the same construction logic. For example, until now they have not focused on building fast trains either between major cities such as Melbourne, Sydney and Brisbane or such major cities and outlying areas to facilitate movement of people and goods. New South Wales State government recently promised to build high speed rail between Sydney, New Castle, and Wollongong. In country towns, there is a high demand for more population, businesses and industry. (There is one project to build an inland freight line between Melbourne and Brisbane which is under construction).

To address the population congestion in cities, the federal government announced a reduction of annual skilled immigrant intake from 190,000 to 160,000. However, informed sources have indicated that even with such reduction, the net immigration will be around 230,000 a year when those who come on student and temporary visas and succeed in obtaining permanent residence is taken into account. The government has also increased the number of visas issued to those who like to reside in rural and regional areas for a period of time. These measures coupled with congestion busting infrastructure initiatives announced recently and those underway may not be the nirvana that average citizens who are consumed by the growing capitalist enterprises cum user pay systems aspire for. Those who have to utilise tunnels and motorways built on private-public partnerships charge fees from motorists. It is said that for some, one quarter of their income is spent on such fees monthly. In addition to taxes, there are a plethora of indirect taxes charged by State governments and local government by way of levis and charges e.g. insurance and fire charges. Modern technology that has facilitated circulation of money easier via ATMs, online transactions etc. ultimately serve the interests of private sector companies who charge fees for utilities and other services.

Amidst all these trends, people are asking one major question. It is about the deteriorating quality of life. Ideally, when a society progresses the citizens ought to enjoy a better quality of life. However, the evidence on the ground is a different story. Those who consume super market foods, particularly manufactured ones, complain about various health issues including allergies due to the additives included in them. There is a growing preference for organically produced food –though they are expensive. Western medicine cannot address some ailments though everyone desires to get an MRI and catscan these days as they have become trendy. More and more people are looking to alternative medicine. Many mums with young children are stressed at work and at home. Some seek counselling for their conditions. Some seek spiritual help. The time available for working population has become less and less. Even weekends are consumed by work issues for many. Travel time between home and work is considerable. It is no wonder that people are asking for more public green space, more public transport instead of more tunnels and highways, more hospital facilities, more alternative energy facilities such as solar and wind.

If the influx of peasants to cities in Europe during the industrial revolution and associated social problems are any guide, contemporary problems that have been created as a result of high immigration and resulting congestion in Australia’s major cities should serve as a contemporary case study of social problems arising from so-called development. Political leaders who did not prioritise congestion busting measures during their terms of office are only too happy to come up with various proposals closer to the elections. The federal election is due in May 2019. We can only hope that Australian politicians will pay more attention this time to the voices of people who experience low quality of life and other challenges of living including measures to break down existing geographical barriers between the cities and regions.

Animal Welfare Act, a long overdue need

Lionel Wijesiri-Tuesday, April 9, 2019

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” -Mahatma Gandhi

Sri Lanka’s animal-friendly cultural heritage really began 2300 years ago at the time when Arahant Mahinda encountered King Devanampiyatissa at Mihintale. Arahant Mahinda declared: “Oh! Great King, the birds of the air and the beasts have an equal right to live and move about in any part of this land as thou. The land belongs to the peoples and all other beings and thou art only the guardian of it”.

Historical records tell us that King Devanampiyatissa after his conversion to Buddhism created the very first animal reservation in the world and outlawed hunting.

In spite of the long history of such a heritage, regular reports expose cases of immense cruelty imposed on animals in Sri Lanka. Food animals are clubbed to death; The livestock farms are in appalling conditions; Zoo animals are kept caged for human entertainment, resulting their undergoing severe physical and mental suffering; Pet shops reminding us of Gestapo prisons; Some home pets are being chained, confined and left without sustenance when their owners are away; Stray cats and dogs are poisoned; Captive elephants are severely bruised due to heavy chaining.

Indian experience

While many countries now recognise animals as sentient beings with a “Right to Life” by law and even Constitutional status, sadly Sri Lanka lags way behind.

Take for example, our neighbour - India which is also home to several religious traditions advocating non-violence and compassion towards animals. This country has passed a number of animal welfare reforms since 1960. India’s first national animal welfare law, the Prevention of Cruelty to Animals Act, 1960, criminalized cruelty to animals. The same law also created the Animal Welfare Board of India with legal powers to ensure the anti-cruelty provisions were enforced and promote the cause of animal welfare.

Subsequent laws have placed regulations and restrictions on the use of draught animals, the use of performing animals, animal transport, animal slaughter, and animal experimentation.

The amendment in 2006 added limitation clauses on Breeding of and Experiments on Animals (Control and Supervision). The clauses specified that experimenters must first try to use animals “lowest on the phylogenetic scale,” use the minimum number of animals for 95% statistical confidence. In 2014 India became the first country in Asia to ban all testing of cosmetics on animals and the import of cosmetics tested on animals.

In 2017 India released further amendments to regulate dog breeders, animal markets, and aquarium and “pet” fish shop owners.

India has made vast strides in animal welfare legislation and effective mechanisms to implement laws. Sri Lanka can learn a lot from Indian experience.

Welfare vs Rights

Animal welfare has been described as a complex, multi-faceted public policy issue. Improving our understanding of animal welfare, involves the study of animal behaviour as well as the challenge of accessing the emotions of animals.

Some writers use the terms animal welfare and animal rights interchangeably, suggesting that they represent more-or-less the same concerns and practices. But the differences between the two are significant.

Animal rights means that animals, (like humans), have interests that cannot be sacrificed or traded. However, animal rights, just like human rights, must be limited. For example, if animal rights are fully implemented, we cannot use animals for food, clothing, entertainment, or experimentation. However, animal welfare allows these uses as long as “humane” guidelines are followed.

Five Freedoms

 

If we take an entirely practical approach, we can quote 5 “freedoms” which are internationally accepted as standards of care that affirm every animal’s right to humane treatment. (a) freedom from hunger and thirst - by ready access to fresh water and a diet to maintain full health and vigour; (b) freedom from discomfort - by providing an appropriate environment including shelter and a comfortable resting area; (c) freedom from pain, injury or disease - by prevention or rapid diagnosis and treatment ; (d) freedom to express normal behaviour - by providing sufficient space, proper facilities and company of the animal’s own kind ; (e) freedom from fear and distress - by ensuring conditions and treatment which avoid mental suffering.

Embracing these five freedoms support the health and welfare of the animals in human care. They also provide adopters with the best possible insight into the personalities of the adoptees.

Welfare Bill

But do the animals in Sri Lanka truly enjoy these freedoms? Definitely not! That is why cruelty to animals in our country has become a key issue today. The published incidents of animal cruelty are just the tip of the large iceberg. A few of them might have happened due to a lack of awareness but majority of them were deliberately done. Our existing legal framework related to animal welfare is pathetically inadequate to protect animals from such inhumane treatment.

The Prevention of Cruelty to Animals Ordinance in Sri Lanka under which welfare is 112 years old, and obviously an outdated piece of legislation. Our failure to repeal this antiquated statute has created a public impression that the successive Governments lacked the political will to bring about legislative improvement of the laws governing the welfare of animals.

In spite of this deadlock, there were two significant developments on animal welfare during the last ten years. In February 2009, Ven. Athureliya Rathana Thera, M.P. introduced to Parliament a draft Animal Welfare Bill. At the same time, the Law Commission of Sri Lanka, after extensive consultations with the public and examination of laws of other jurisdictions, prepared Animal Welfare Bill. It was introduced in Parliament in February 2009. Both bills have now lapsed.

In 2015, the present Government also brought forth this Bill under its 100-day programme. However, the draft Bill has not yet been presented to Parliament. The Bill is supposed to replace the Prevention of Cruelty to Animals Ordinance, No. 13 of 1907 and bring the law in line with modern legislation by providing for natural justice and basic freedoms to be extended to animals.

There are four objectives of the Bill: i) to recognise a duty of care on part of persons in charge of animals to treat the animals humanely, ii) to prevent cruelty to animals and to secure the protection and welfare of animals, iii) to establish a National Animal Welfare Authority and to provide for Regulations and Codes of Practice, and iv) to raise community awareness on animal welfare and foster kindness, compassion, and responsible behaviour towards animals.

The Bill also has redefined the term “animal” to encompass every living being other than a human-being. The current law applies only to animals in captivity or domestic animals, leaving important sectors such as wildlife without any protection. Welfare issues related to animals in pet shops, animal experimentation, animal performance and the live transport of animals, (though not included in present legislation), are also included in the new Animal Welfare Bill.

Animal Protection Index

The Animal Protection Index issued yearly by an international non-profit animal welfare organisation, establishes a classification of 50 countries around the world according to their commitments to protect animals and improve animal welfare in policy and legislation. For example, India has a grade of C out of possible grades A, B, C, D, E, F, G on Animal Protection Index-2018.

Grades are given based on the achievement of following: Formal recognition of animal sentience, Support for the Universal Declaration on Animal Welfare, Laws against causing animal suffering, Protecting animals used in farming, Protecting animals in captivity, Protecting companion animals, Protecting animals used for draught and recreation, Protecting animals used in scientific research, Protecting the welfare of wild animals, Government accountability for animal welfare, Engagement with the World Organisation for Animal Health.

Sri Lanka is not registered with this international organisation. Therefore, there are no ratings or statistics of us.

We are a country with a historical and cultural tradition of animal welfare. The Animal Welfare Bill is clearly aligned with Sri Lanka’s cultural heritage and values. It could be easily passed with the full support of all right-thinking leaders. What is needed is only the Government’s commitment.

UNAIDS and sexual harassment: More than a storm in a tea cup

 Tuesday, 9 April 2019 


It is with great concern that I read the article in The Lancet of December 2018 on UNAIDS and Michel Sidibe. I am not privy to the sexual harassment complaint, investigation and the report of the independent committee. The allegation by a female staff member was not against Michel but a male official and the insinuation was that Michel did attempt to influence the investigation.

Sexual harassment within the UN system is not new.  On 23 December 2018, The Sunday Times of Sri Lanka reported that a female Sri Lankan employee in the UN in New York made allegations of sexual harassment against an UN Under-Secretary General who prematurely resigned before the case was over.

As someone who has been involved with the UN response to HIV/AIDS for over 30 years, this piece is intended to highlight some of the fundamental structural and operational problems that had a negative impact on the ability of UN and its specialised agencies to cope with the AIDS pandemic meaningfully and with ubiquitous petty staffing issues looming large. 

My association with the UN and its specialised agencies on programs relating to HIV/AIDS goes as far back as 1987 when I was appointed by WHO then Director-General Dr. H. Mahler as a Consultant on the very first day when the Special Programme on AIDS was created under the late Dr. Jonathan Mann.

There was uncertainty as to the trajectory of the virus and the worst case scenario. Jonathan was instrumental in mobilising international attention and introducing a human rights approach to the issue. His program management skills were, however, not very strong. He alienated the heads of relevant WHO Divisions and Units by issuing a circular that no one can issue a public statement on the crisis without his authorisation.

My mandate was to develop some guidelines on testing and more importantly to liaise the Division of Drug Policy and Management to get approval for a fast track approach for drug testing. Dr. John Dunne who was the Secretary of the WHO Committee for the approval of drug testing protocols quite rightly refused to authorise procedures which glossed over certain fundamental safeguards and requirements.

My stint was rather short-lived and I reverted to the substantive division in which I was previously working. Dr. Mann’s stint was also short-lived. With Dr. Hiroshi Nakajima at the helm of WHO, the new D.G. found himself uncomfortable that Dr. Mann was getting wide publicity. Jonathan left for Harvard University.

Dr. Michael Merson’s tenure witnessed the expansion of HIV-related work by other agencies. With more funds than WHO’s AIDS program, some of the other agencies upstaged WHO in country program interventions. The emergence of a coalition of UN agencies to tackle AIDS was thus inevitable. Dr. Peter Piot became the head of UNAIDS and later Dr. Sidibe became his trusted lieutenant and ultimately his successor as well.

My career on HIV-related work involved working with UNESCO and UNDP and finally as UNAIDS Country Head and Programme Coordinator.  Turf issues among the participating UN agencies as well as international developmental agencies stymied the UNAIDS response from the outset. UNAIDS struggled to carve out a niche for its role and this varied from country to country depending on the availability of funding, the personality of the UNAIDS staff and degree of inter-agency cooperation.

Corruption in the disbursement of funds was rampant in some countries and this was well documented a few years ago by Transparency International. UNAIDS Country Programme Coordinators who highlighted this issue won the wrath of national AIDS program managers and others who were complicit.

It cannot be gainsaid that much progress has been made by many countries in slowing down the spread of the virus and in minimising prejudice and intolerance. But yet there is no room for complacency.

I served UNAIDS during the tenure of both Peter and Michele. What exactly was Michele Sidibe’s contribution that once deserved him to be the worthy successor to Peter and what has led to his downfall? Michel was a strong advocate that irrespective of the number of funding agencies, countries must have ‘one policy’ and ‘one evaluation modality’. Many national program managers spent most of their time filling out forms. Michel also advocated a strong public health and human rights approach, including equal rights to gay and lesbian sub-populations.

He galvanised some of the worst affected countries in Africa to put HIV/AIDS control measures and the distribution of drugs as top items on the unfinished health agenda. He was successful in getting top political leaders and their spouses to lend support to grass-root interventions. 

From the outset, UNAIDS was a virtual dumping ground for many unwanted staff from partner agencies. This problem got compounded with the passage of time. Michel increasingly found it difficult to manage ‘problem cases’ and complaints by some country program managers of undue interference by such personnel at headquarters went unheeded to such an extent that a few country program managers quit in disgust.

Michel’s efforts to accord prominence to African and other Third World leaders might have been a cause for concern of certain prominent members of the AIDS community from so-called First World countries. Michel was handpicked by James Grant to lead the UNICEF program in Timbuktu, his first appointment with the UN after he qualified in France.

Like Kofi Anan, he knew what poverty was and he was always prepared to lend a helping hand to countries struggling to cope with the epidemic. Leaders of African nations have recently passed a resolution acknowledging the unique contribution made by Michel, thus exacerbating the North-South struggle for supremacy when it comes to matters of integrity and transparency.

Michel was to be made the scapegoat by an influential lobby. He warded off pressure to step down immediately but announced that he would resign before the expiry of his term. The new search process for a successor is estimated to cost more than $ 250,000, an amount sufficient in some countries to save the lives of thousands of HIV infected kids.

Sexual harassment is no doubt ubiquitous in the UN system and it is always difficult to deal with such cases that at the end all the parties feel that justice has been meted out. There is no doubt that sexual harassment has to be outlawed and there must be a ‘zero tolerance approach’ without exception. We all remember the difficulty that was encountered when a nominee judge in the US-faced sexual harassment charges.

Michel might have tripped over some of the fundamental steps that he should have taken as reported by the committee. No one is perfect and certainly Michele is no exception to this. However, the current major onslaught on his professional managerial capacity and leadership qualities is perhaps unwarranted given the structure of UNAIDS and its operational context.

What is urgently required is to revisit the basis for UNAIDS so that the organisation, as adapted, itself becomes more robust and less vulnerable to external influences and internal manipulations.