Plunder of public property by rulers

It can be described as a system introduced deliberately and consciously by late President J.R. Jayewardene and pursued throughout the long period of his rule 

Friday, 14 June 2019 

While the failure to build the modern nation has been the prime factor that had caused the wretchedness of Sri Lanka, plundering of public property by rulers when they are under their custody can be considered the next vital factor that had exacerbated this situation.

I have briefly discussed the issue on the failure to build the modern nation in a previous article. In this article, I intend dealing with the question on plundering of public property by ruling parties.

Under a democratic system, the property belonging to the State constitutes public assets collectively owned by all citizens of the country. The ruling parties elected by the people from time to time are only the temporary custodians of public property. It is one of the main responsibilities of the custodians of public property to safeguard them and keep the income generated from them at an optimal level.

Strict laws preventing public property being misappropriated by their custodians or allowing those to be misused by their kith, kin and cronies are in force in all countries where there is a democratic system of governance. The acquisition or plunder of public property by the ruling party or party members or appropriating them to a third party or to their cronies are considered a disgusting and serious offence punishable by law.

Plunder of public property 
But, in Sri Lanka, this acknowledged principle on the ownership of public property was operative only up to 1977. Since then, it can be said, that the misuse and plundering of public property which are under the custody of the rulers of the country has become a widespread national defect, a permanent and salient feature of the State rule.

So much so, this situation has rendered the contest among political parties to acquire the ruling power of the country, an expensive, ugly and fierce struggle for gaining the opportunity to plunder the public property.

This deep-rooted and loathsome practice in the State rule of Sri Lanka has enabled the ruling party to exploit, at their whim and fancy, the public property which comes under their custody during the tenure of their rule.

The ruling parties are engaged freely in plundering public property with impunity and without any sense of fear or shame as the laws that protect and prohibit the misuse of public property by their temporary custodians have been rendered completely defunct and non-operational.

This practice occurs in different forms. Acquisition of valuable state lands by politicians themselves or appropriating them to their kith and kin and cronies can be considered one form of it.

Similarly, the acquisition of land belonging to the Land Reforms Commission on long-term leases at a nominal price is a popular form in which this process is carried out in the sphere of State lands. Acquirement of prime lands of very high commercial value belonging to various government departments, located closer to major tanks and reservoirs and adjacent to the sea is another form of this abuse. 

Taking over the government contracts by themselves or granting them to their family members and cronies can be described as another form of this process. Business licences yielding exorbitantly high income such as radio waves and frequencies, liquor permits, ethanol permits, re-export permits, passenger transportation permits, timber, sand, soil and rubble business permits are common forms of this process.

The acquisition of State enterprises by politicians or conferring them to their family members and cronies on instances when they are divested to the private sector can be described as yet another form of this process.

Establishment of the system 
The loss incurred to the country and the State due to plundering of public property by the rulers themselves, who had steered the country for a very long period of over 42 years without any restriction or challenge, can amount to many billions of rupees. It can be reckoned to be a major factor that had caused the present level of bankruptcy that the country is facing.

This situation has invariably resulted in depriving the legal and ethical legitimacy of the people’s representatives viz the presidents, ministers and the members of Parliament, elected from time to time, by public vote to the Executive and the Legislature and making them a group of chartered plunderers of public property.

Moreover, this situation has resulted in debilitating the rule of law, weakening the efficiency of the institutional system which had been established and maintained by public money to restrain corruption. In short, this scenario has rendered the entire State and its institutional system a sordid entity of rampant corruption.

This corrupt and wicked system is not a mere outcome of an accident or a spontaneous process. It can be described as a system introduced deliberately and consciously by late President J.R. Jayewardene and pursued throughout the long period of his rule. It has now been firmly rooted as an essential element in the political culture of the country.

Despite the fact that there were many defects and shortcomings of the rulers who were JR’s predecessors, none of them had attempted to implant and establish such a wicked and destructive system similar to this. But, all the other rulers who succeeded J.R. Jayewardene had further reinforced and intensified this corrupt system by adding more and more new elements into it.

Perhaps JR might have learnt this system from emperor Napoleon. Napoleon was his ideal hero. Napoleon was a leader who built an enormous empire employing a massive mercenary army. To sustain militant spirit of the mercenaries, Napoleon allowed them to plunder the cities captured by them. Similarly, the policy adopted by Napoleon for war, J.R. Jayewardene applied for his politics.

The supreme status of the Parliament as well as the powers shared by the members of Parliament were drastically diminished by the presidential system introduced by JR. The position of the parliamentarians was reduced to a level of a rubber stamp in the hands of the president.

In this backdrop, it can be construed that JR had introduced this corrupt system, allowing the MPs of the ruling party to amass wealth in undue and unlawful means, with a view to overcome their dissatisfaction and getting them to extend their unconditional support to him throughout the long term rule that he envisaged to maintain.
Role of JR 
JR went to the extent of setting extremely ugly and lowly examples in order to persuade the MPs of the ruling party to abide by the wicked and predatory system that he introduced.

He exchanged an unproductive coconut land at Madampe which was owned by him and his family members for a flourishing coconut land at Nattandiya (Keenakale Watta) belonged to the Land Reforms Commission. By any standard this infamous deal was a lowly act, contrary to the law which cannot be desired from any leader or the head of State, the leading symbol of the nation.

With this example set by JR, a large number of ministers and MPs of the ruling party were able to become landed proprietors and planters by appropriating valuable lands of the Land Reforms Commission on long-term lease at a nominal price.

Thus, by allowing the president, the ministers and MPs to acquire public lands, they and their family members were able to acquire valuable lands belonged to the Government, together with the buildings stood on them including the estate bungalows, in large scale and at a nominal price.

At the same time, the MPs of the ruling party were allowed to become government contractors and license holders and amass wealth from them and become rich. J.R. Jayewardene was fully aware that this dishonest practice was contrary to the law of the country.

Yet, his intention was to make the MPs of the ruling party a contented and happy lot who are rich and driven by the desire to amass wealth and retain their political power by hook or crook, no matter how.

It was when this system of pillaging public property introduced by JR was in progress that Albert Silva, the MP elected to the Galle constituency at the General Election in 1977, was deprived of his parliamentary seat by a court decision on the grounds that he had held a kerosene permit issued by the Government. This decision can be considered an instance that had demonstrated the illegality of the scheme introduced by President Jayewardene.

Yet, what was the response of former President Jayewardene to this decision? Instead of withdrawing his policy which allowed the MPs to transact business with the Government respecting the decision of the judiciary, he reappointed Albert Silva to the Kamburupitiya electorate as a nominated MP.

It was during September 1979 that the Judiciary deprived Albert Silva of his parliamentary seat. He was appointed the MP for Kamburupitiya electorate in November of the same year.
Deceptive underarm play 
Undoubtedly, J.R. Jayewardene might have imagined that any issue arising from the illegal and exploitative system that he pursued could be suppressed by using the presidential immunity that he enjoyed, according to which the President during his tenure of office was absolutely immune from legal proceedings in his official or private capacity.

In addition to using the presidential immunity for his own protection, JR had the capacity to protect his favourite henchmen as well who had committed offences, by using his immunity.

Despite his keenness and interest in persuading the people’s representatives elected by public vote to misappropriate public property he had the audacity to include a clause prohibiting MPs engaging in business transactions, in the 1978 Constitution which was his brainchild, with a view to giving the Constitution a solemn look and creating an image that it is espousing the cause of justice and fair play.

The Constitutional Clause 91 (1) (E) relevant to this prohibition is as follows.

“No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament, if he has any such interest in any such contract made by or on behalf of the State or a public corporation as Parliament shall by law prescribe.”

I wish to draw the attention of the reader to the following section of this clause “as Parliament shall by law prescribe”. This implies that the Parliament should enact specific laws if it is to implement the provisions specified in this clause to disqualify anyone for election as a Member of Parliament.

But, former President Jayewardene didn’t initiate action to enact laws to give effect to this provision. There is no doubt that he may have prevented enacting necessary laws when he had a five-sixth majority in the Parliament, merely because he wanted to safeguard the illegal right he had conferred on the members of the ruling party to exploit public property.

This ugly and improper situation came to light only after 20 years of the enactment of the ‘78 constitution when the case against Rajitha Senaratne was taken up at the courts in 1998, in which he was unseated for doing business with the State while being an MP.
The case of Rajitha Senaratne 
By this time, a large number of parliamentarians had become large scale business dealers transacting various kinds of unlawful businesses with the Government. But, legal action had been initiated only against Rajitha Senaratne.

It was proved that the company that belonged to Rajitha Senaratne had entered into an agreement with the Government to supply dental surgical appliances to the Sri Lanka Navy, the Air Force, the Department of Health and State Pharmaceutical Corporation.

However, as there were no specific laws enacted in keeping with the provisions of the 1978 Constitution to deal with the MPs committing such offences, in this case Rajitha Senaratne was found guilty and was punished under the Soulbury Constitution. He was unseated by the panel of judges who heard the case.

The judgment of this case had highlighted that it was a serious matter difficult to understand as to how such a strong tradition that had been in operation to safeguard the integrity and sanctity of public life of people’s representatives had been totally ignored.

This can be construed as a serious allegation made by the Judiciary against the Parliament for not enacting laws in reference to the implicit requirements of Clause 91(4) E of the 1978 Constitution.

The next surprising thing was the reappointment of Rajitha Senaratne as a national list member to the Parliament by Ranil Wickremesinghe following the precedent created by the J.R. Jayewardene regime. In doing so, not only had he justified and consolidated the shameful tradition that allowed people’s representatives to plunder public property, but also issued a strong signal that he would not allow to change this despicable tradition.

An important lesson on the corrupt nature of the Parliament can be learnt from this judgement. Until this judgment was passed the Parliament had refrained from enacting laws essential for maintaining the integrity and sanctity of the people’s representatives in the Parliament.

It is a pity that the Parliament had not attempted to rectify this error even after a long period of 21 years had lapsed since it had been pointed out by the Judiciary. Doesn’t it imply that the Legislature, the main law-making body of the country is not willing to change the corrupt and exploitative character of the legislators themselves?

In consequence of this situation, a majority of parliamentarians had become businessmen transacting business with the Government. Some of them had purchased government lands and had become planters.

How large is the number of MPs having houses and hotels in the vicinity of major tanks of the country? Aren’t these lands belonged to the State? How many of parliamentarians do who work as government contractors? How many of them are holding tavern licences, licenses for rubble, sand, soil and timber business, having re-exportation permits, etc.?

Can the MPs who fall into this category be treated as qualified to sit and vote in Parliament in terms of the law applicable to them? How can the Parliament of Sri Lanka be considered a legally and morally legitimate institution, if the majority of parliamentarians fall into this category? Hasn’t the Speaker of the Parliament a responsibility to investigate into this situation? Hasn’t the Auditor General a duty to investigate into this situation?

This situation can be reckoned to be the worst defect of the State rule of Sri Lanka. It is unavoidable that a country becomes a hapless chew if those elected to the Executive and the Legislature by the public vote to steer the rule of the State, are inclined to adopt a ruthless policy of pillaging the public property under their custody. That is what exactly had happened to Sri Lanka.

If those who steer the wheel of the State are bent on misusing their power to amass wealth in undue and illegal means, it will invariably lead to weaken the rule of law of the country and render the entire system of public institutions corrupt and inefficient.

It diminishes the income of the country, makes the country poor and deprives the State of the vital attributes of wisdom and quality of being on alert. A team whose main object would be to plunder the public property cannot be expected to possess essential elements of discipline, interest and ability to develop the country except for making it bankrupt.

In view of above, it is important and essential that the priority should be given for the removal of this deadly cancer from our society. 

HRC SL REQUESTS LOCAL GOVT AUTHORITIES TO SUBMIT INFO ON MUSLIMS BEING DENIED COMMERCIAL ACTIVITIES AND ACTIONS TAKEN

Image: Jaffna public market ( File photo)

13/06/2019

In a letter to all commissioners of local government authorities the Human Rights Commission of Sri Lanka has requested to submit (by 10th June) all complains received on Muslims being denied public space for commercial activities and actions taken.

The letter follows:

Joint Statement

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, as well as the Embassies of Norway and Switzerland.

Joint Statements-Colombo, 12/06/2019

We are deeply concerned by political and religious pressure being directed at Sri Lanka’s Muslim community which is undermining peace and reconciliation in the country.  Prejudiced and unsubstantiated allegations repeatedly published by media serve only to fuel intolerance.

We shared our views during a meeting today with the Prime Minister. On that occasion we welcomed the government's commitment to address hate speech and to set up a religious reconciliation council.

We stand by all Sri Lankans working to preserve the peaceful coexistence between all communities, and expect religious and other community leaders to support them and speak out against violence.

We urge the President, Prime Minister, and all political leaders to reassert the state’s commitment to mutual respect, tolerance, and equal treatment under the law for all, irrespective of faith or ethnicity.

190612_-_joint_statement_-_sin.pdf

190612_-_joint_statement_-_tam.pdf

Cardinal Blunders Should Worry The Catholics – Reply To Shyamon Jayasinghe

By Reverend PJ Fernando –JUNE 12, 2019

Reverend Dr PJ Fernando

The recent article which appeared on Colombo Telegraph under the caption ‘Cardinal Blunders Should Worry The Catholics’ on the 5th June has shown very poor journalistic standers, and must be said, it was right at the gutter. It is nothing but a scathing personal attack on the Cardinal. It in some ways reflects the standard of journalism we have generally in the country, not to mention the comments that appear on the social media. I at times wonder how one could not feel ashamed of oneself, let alone the quality of communication in social media as a nation and country. The renowned journalism, if there is one, should take the lead in restoring the dignity and respect in the media, in reporting and commenting, setting an example and a standard to the easily accessible social media widely used today. The manner we write and comment, must avoid crossing decency and courtesy. We must rise above, as is said in age old Greek logic, argument ad baculum, it is the fallacy committing to arguing by the cane; ridiculing and insulting someone personally or threatening someone. I am sorry to state; I am appalled by the standard of journalism that the Telegraph has promoted through the article of Shyamon Jayasinghe. 

I salute Cardinal Malcom Ranjith, on his bold standing taken in public in leading the country at a time of crisis. Since the victory against the Tamil Tigers who sought a bloody discriminating war, the Sri Lankan political leadership is in decadence with their personal, family’s or cronies’ ambitions raising their head reducing the state into a corrupt pariah regime. The lack of leadership in the country today has plunged it into its depths and has made it vulnerable to the fundamentalist, separatists and the extremists’ ideologies, be it religious or otherwise. Not too long ago, the people suffered the failure of leadership in the country when we were faced with the constitutional crisis. It was fortunately the judiciary that took the lead by taking a stand to save the day restoring the country back to near normalcy. I was wondering where were the religious leadership that should have guided and led the people. But unfortunately, the religious leaders too can be so divided succumbing to their political allegiances and so failing to guide the country and its leaders. With the Easter Massacre in the churches the Cardinal, whatever his allegiances have been in the past, fortunately took a firm and bold leadership uniting the country and all religions against violence and hatred. Which was remarkable. Well, very little could be said about the political leadership let alone, as Shyamon does praise, any political leader. Instead they must rightly be accountable to the people not just in mishandling the intelligence, but also how they dealt with the aftermath of the massacre and now, trying to help restore those broken lives, assuring security for normal ordinary people, making sure that such gross negligence is accounted and brought to justice, and guarantee that it shall not be repeated in the future. The least one would expect is creating a debate on some political ideology simply to score for one’s own advantage, and a coverup for one’s own negligence and failure. 

I have tried, painstakingly, to read through carefully between the lines what Shyamon writes, to tease out the arguments that he wishes to put forward beyond a very personal attack on the Cardinal and a praising of the minister Mangala – for what? 

To the contrary to what Shyamon writes, I find that Cardinal giving bold and courageous leadership, risking his own privileges as Shyamon says he should have enjoyed by keeping to his counsel as a Cardinal, by raising a critical issue with regards the future of our beloved country. It is much easier to say that Sri Lanka is not a Sinhala Buddhist Country appealing to the international community, for cheap popular, personal gain and political victory ransoming the country, the history, the culture and its people. Cardinal has taken the leadership in bringing to debate and discussion which we should have had long ago, soon after the war. As many have commented, yes we have fought a war and won so to say, as there are no winners in a war. But we have not had this debate and discussion defining the country and its future, settling the real score with the real separatists, and so letting us all play again roulette with the separatist movements and now with the new addition to the complex problem, the religious fundamentalism. One asking for a separate Tamil state and the other soon will be asking for an Islamic state. Both will use the same tack ticks; international isolationism – making Sri Lanka vulnerable in the international stage, human rights cases against Sinhalese Buddhist leaders. Targeting the Sinhalese Buddhists and so easily the Buddhist monks. Attacking trade and tourism – so that the countries economy will be at the mercy of foreign nations that could dictate and control the future of the country favouring the separatist’s agenda. Rewriting the historical identity of the country – defining the country as a multireligious, multicultural country. Dismantling any historical proofs – Remove Sinhalese language from being the official language, systematically destroying historical sights, records and books, and even rewriting them and creating their own. I cannot but applaud the Cardinal for his stand. 

Read More

Deals and deals: behind procuring emergency power

Eyebrows have been raised as to why the five-member Ministerial Committee headed by Prime Minister Ranil Wickremasinghe, that was appointed by the Cabinet of Ministers to propose urgent remedial measure to avoid power cuts, took a decision on April 10, 2019 to announce an emergency situation in the country and gave permission to the Ceylon Electricity Board to procure emergency power, when the country was not facing an emergency situation.

• All three bidders agreed to provide supplementary power at their selected sites for six months

• This Ministry will take action to obtain covering approval of the cabinet to award the contracts

• It’s learned that the CEB report had been submitted to the subject Minister

 14 June 2019

It is alleged that the sole reason to go for procuring emergency power is a direct consequence of the CEB and the line ministry’s failure to implement the Least Cost Long Term Generation Expansion Plan (LCLTGEP) 2015-2034. 
It is alleged that this decision had been taken to procure 200MW from Turkey without calling tenders at a much higher price than that of the prices the CEB is now in the process to procure 100MW from three selected companies after competitive bidding. These three companies are from the UK, Dubai and Hong Kong.

Deals and deals behind proc... by on Scribd

Spy Agencies And Parliamentary Select Committee In Sri Lanka – Part One

No country on the planet shall be protected without its intelligence, the second oldest profession in the world

by Bentota Unnanse-2019-06-13

Why do we need intelligence services? Many people are questioning, after so-called Easter Sunday Bombings by the extremist group ideologically inspired by Islamic State, though most of the bombers never maintained any direct contacts with the Global terrorist movement. This is first assault by such terror outfit on this nation. Challenges are ahead.

The new global enemy is emerging before the tiny Island ten years after suffering from chronic internal-unrest which killed unaccounted numbers of people. Different crises and opportunities require suitable solutions, and we can’t apply the old methods and strategies to solve the new problems.

However, Easter Sunday carnage is not only a tragedy but an opportunity. This heinous crime tested the capability of a nation and its political leadership. It is evident that the success of these attacks and propaganda afterwards is a collective failure of the deteriorated system. It is very difficult to agree with those who are trying to understand this attack as an intelligence failure because there was no intelligence outburst in this attack.

Meanwhile, most of the politicians, with no surprise, are engaging in blaming and shaming games to justify themselves. Three major political “clans” came up with three different ideas instead of working together to understand, monitor, evaluate and engineer the short term and long term counter-terrorism strategies as a part of state policies of national security.

Few days after the attacks, former President Mahinda Rajapaksa and his team consisting of ex-armed forces commanders and ex-inspector general of police came up with the counter-terrorism mechanism which report was handed over to President Maithripala Sirisena. Hence, the report was not available for public reference; reliable sources indicated that was an assembling of strategies during the battle against the Liberation Tigers of Tamil Eelam followed over ten years ago.

Prime Minister Ranil Wickremesinghe, the possible driving force behind the second move, where the Speaker of the Parliament has appointed the special Parliamentary Select Committee (PSC) to “investigate” the Easter Sunday Bombings. At least five key members of the security apparatus were called by members of the PSC for the hearing and most of their testimonies were aired on the public domain. The method followed by this committee is different from all committees we have had in the past to investigate various sort of crimes including alleged financial frauds.

The third step was taken by President Maithripala Sirisena who has appointed a special Presidential Committee to investigate the Easter Sunday Bombings. The report of this committee was handed over to the President, and the details of the report are yet to be published. However, reliable sources say that the report finds criminal charges against the former Secretary of Defence Ministry, Hemasiri Fernando and former Inspector General of Police Pujith Jayasundara. Both officers are fighting to defend their reputations while blaming the higher authority for not taking proper actions to prevent terror attacks.

It is indeed unfortunate to see the biased media reports on a serious event like this and political motivations which are cynically attempting to manipulate everything but the truth. These politically motivated behaviours, we are afraid, will enhance the capability of the common enemies, the Islamic extremists, while weakening the local investigative mechanism.

While keeping these three major steps in mind, it is time to understand and take immediate precautions not only to identify the common enemy challenging the nation but restore a system that would be capable enough to prevent future adversaries.

No country on the planet shall be protected without its intelligence, the second oldest profession in the world.

Therefore, intelligence is the first defence line of any nation and it has to be treated as priority by any ruler coming to power. Needless to explain why this most dynamic and evolving subject is important to protect the nation.

With present-day technological advances, intelligence is everywhere. Ample intelligence is spreading through public domains every moment. Some are deceptive but others are enlightening and lead us to independently know our enemies. The most difficult task is how to get the right information at the right time.

President Maithripala Sirisena; To be or Not to Be 

The track records of the Sri Lankan intelligence agencies have confirmed the capability of our intelligence community. At the same time, the records confirm that this community has been facing the brunt of political attacks and how it has suffered from uneducated but cunning political groups.

Sri Lankan intelligence with highly committed intelligence officers was left in vain due to this flippancy and levity in political culture in an embattled society. We as a nation failed to groom professional politicians who would execute the duties and responsibilities of intellectually balanced public leaders in relationship with their citizens.

In the name of “democracy,” the country has produced hollow-gangs whose ultra-motivation is dacoity of the national assets. Here, we find, Socrates is morally and ethically correct in his strong protest against “democracy”. “Socrates’s point is that voting in an election is a skill, not a random intuition. And like any skill, it needs to be taught systematically to people. Letting the citizenry vote without an education is as irresponsible as putting them in charge of a trireme sailing to Samos in a storm.”

Can’t we think Sri Lanka is a prime example of this tragicomedy? Sri Lanka, a sorry state, is continuing to suffer from this ill-fated system. In this brief background let us deconstruct the steps taken by the political authority to understand the Easter Sunday Attacks.

Former President Mahinda Rajapaksa and present President Maithripala Sirisena have taken their own steps and two reports were produced. But the Speaker’s suggestion to have the Parliamentary Select Committee is continuing with its proceedings.

In a statement by Speaker Karu Jayasuriya and over the telephone with this writer, the President of this Committee Dr Jayampathy Wickramaratne reaffirmed that there will be no harm to the national security, by this step.

Can these two gentlemen give us the definition of the national security in the Sri Lankan context? Certainly, Mr Jayasuriya being a former armed forces officer turned politician and Dr Wicramaratne being a student, who then studied physics and turned his areas of interest as law later due to some personal reason, will give us their perspectives on national security.

But neither of these gentlemen is expert on national security? In fact, we, Sri Lankans, are lacking the genuine support of such an expert in the subject. Therefore, our minds are often trapped by namesake experts who sneaked into the system to steal the information and sell it for selfish purposes. This is why we should constructively oversight the core notion of the Parliamentary Select Committee and its motivation - keeping in mind the past records of the persons involved and their lack of insight to foresee the problem.

We are confronted by more and more sophisticated enemies all the time, and one should not forget that even by spending trillions of dollars annually, the most advanced nations led by the United States of America are not able to successfully conquer this challenge. In this war, Sri Lanka and its capability are even harder than before to see at microscopic level. Therefore, the legislators should have the sense to understand the danger of revealing any information that matters to national security. 

It is truly shocking to hear the highest ranking military officer the country ever produced was insulted by one of the units of Long Range Reconnaissance Patrols, operating under the Directorate of Military Intelligence of the Army.

Field Marshal Sarath Fonseka when he was questioning one of the witnesses asseverated that the group based in Athurugiriya Millennium City was a group of incapable lost-men in Army. This comment itself is clearing the very point of the capability of this Parliamentary Select Committee and its political motivation behind the outer show. Most of those who have at least a little knowledge about the battle against the LTTE would know the role played by this LRRP group.

Most of the questions flagged were direct or indirect attempts to reveal the state mechanism the authority maintained to transmit information on national security. This, amounts to a threat to national security.

What is regular routing that was followed by authority to share intelligence, how often and how many officials were meeting to discuss the matters on national security and what are a weaknesses ( political or technical) prevailing in the systems - are all gems for the enemies. Therefore it is the prime responsibility of every legislator to protect the system and solve its wrongdoings not by taking issues into the street but in closed-door rooms where real decisions are taken by groups bound by common belief.

True, the government as the manager of the general public has ratified the Right to Information Act, and therefore the public’s rights to know the truth without dismantling national security. About denial of access to information, the RTI protects National Security by excluding sensitive information as follows:

“(b) disclosure of such information–

(i) would undermine the defence of the State or its territorial integrity or national security;

(ii) would be or is likely to be seriously prejudicial to Sri Lanka’s relations with any State, or in relation to international agreements or obligations under international law, where such information was given by or obtained in confidence;

(h) the disclosure of such information would-

(i) cause grave prejudice to the prevention or detection of any crime or the apprehension or prosecution of offenders; or

(ii) expose the identity of a confidential source of information in relation to law enforcement or national security, to be ascertained;” Then the authority shall deny accessing such information, the RTI affirmed.

Unfortunately, the PSC has shockingly acted in breach of these areas in public eyes several times through its proceedings. The PSC has forced witnesses to reveal the procedure that the officials are following in transmitting intelligence. The PSC has repeatedly urged witnesses to reveal the sources which gave the information on possible attacks. The effects clearly confirm undermining of the defence of national security.

In which country, would the Speaker of the Parliament compel their senior security officials to answer to a person who has not even basic knowledge on national security and its impact? The value of the information is proportionate to the intelligence already in the mind of the receiver.

In which country, would the Speaker of the Parliament allow members of his committee investigating heinous crimes to force senior security persons to unearth the sources that passed on the top secrets?

In which country, would the Speaker of the Parliament urge senior security officials to unveil the intelligence mechanism used to transmit intelligence?

Members of the Parliamentary Select Committee "investigating" the Easter Sunday Bombings 

It is very clear; the PSC has not undertaken relevant homework not only to understand the intelligence mechanism in the country but also the constructive objectives of the committees which will help to strengthen national security and public safety. Almost all members of the committee were not only confused about the intelligence agencies but their insufficient knowledge dilutes the potentiality of such committee.

The bottom line expectation is that the Speaker should revisit the true motivations of the PSC before it creates destructive impacts on public safety. With this background, it is important to understand how the intelligence about a possible attack by Islamic extremists was transmitted and what the questions that can be raised are.

According to the information available on a public domain, the first-hand intelligence received by the State Intelligence Service (SIS) and the director of the institute has followed the official and unofficial procedures to inform the relevant authority of the threats. What else could one expect from the intelligence agencies?

But, there is an unheard question yet to be unearthed in relation to this scenario. What roles did the other parallel intelligence agencies play during the same time? In addition to the SIS, there are five intelligence agencies, the Chief of National Intelligence ( earlier National Intelligence Bureau), the Directorate of Military Intelligence of the Army, Navy Intelligence, Air Force Intelligence, as well as Special Intelligence Unit (Special Branch) under IGP - they are all in existence to work on the intelligence in the country.

Did any of these agencies receive intelligence on possible attacks by Islamic extremists? If yes, what did they do with such information? If not, did they not receive such information? Do they honestly collaborate with the other intelligence agencies and sources?

Directorate of Military Intelligence of the Army is an independent agency under the purview of the Commander of Army and Chief National Intelligence. DMI is the biggest intelligence agency in the country. It has its own funds and better resources compared to the SIS. Yet why did they did not receive the intelligence? How many studies have the other intelligence agencies conducted on this new threat from the local part in global terrorism which is fast- evolving into social-phenomena on the planet?

What shall we do? There is no single answer but it is time for the key members of each intelligence agency to come forward and sit together with others concerned to discuss - what went wrong? Each can identify their loopholes which led to this collective failure and design updated mechanism to improve the reliability of the system to prevent and to protect.

What has happened has happened, but the most important thing is how to prevent future attacks. The success of intelligence is relying on nothing but collaboration. As Sun Tzu penned, “Knowledge of the enemy's dispositions can only be obtained from other men.” Therefore intelligence shall pay pivotal role against any threat.

Is it time to protect them than depolarizing them? Is it time to stand for them than sidelining them?

It is time to allow them to practice their duties than pulling them down. It is time to protect their reputation than allowing adverse parties to assassinate their characters and demoralize them. It is time to promulgate strong state policies that will not undermine national security, but protect it as a priority. It is time to bury petty political thoughts but stand tall for the betterment of the nation.

The next part: Let’s examine the HUMINT structure prevailing in the country and response to the intelligence sources on possible attacks by Islamic Extremist.

Danger of landslides looms large

When the soil layer becomes saturated as rainfall exceeds 1 inch per hour, the rain ‘lubricates’ the surface of the bedrock, and all of the soil, trees and rocks pulls away and slides down the hillside.

By Thushara Dissanayake-June 12, 2019, 8:46 pm 

(Chartered Civil Engineer)

South-west monsoonal rainy season has started and heavy downfall can be expected. Rains will be most welcome following a long spell of drought. Ongoing power crisis can be tackled to some extent if the hydro reservoirs receive enough rains. On the negative side, landslide risks in the western slope of the central hills will escalate. Hence, the people have to remain vigilant as we have lost many lives and property due to natural disasters in the past.

Landslide is a general term for the results of rapid movement of earth or rock mass downward from one place to another that would occur with or without human activity. At its simplest, the reason for this scenario is the inability of the earth or rock mass to remain stable under the gravity force. However, landslides are determined by a combination of factors including geology (nature and strength of materials), geometry (slope steepness), and moisture content. Heavy rainfall, steepening of slopes through human activities and the removal of stabilizing vegetation trigger landslides. Besides, factors such as vibrations due to an earthquake, rock blasting or heavy vehicle movements may also cause landslides.

Landslides are commonly identified as socio-natural hazards, and the districts of Badulla, Nuwara Eliya, Ratnapura, Kegalle, Kalutara, Kandy, and Matale are most prone to landslides in the country. As a whole, nearly one-third of the land area of the country is prone to landslides. Percentage wise, when all types of disaster events are concerned, it is about 8 %. In particular, aforementioned regions consist of steep slopes and heavy rainfall increases the risk of landslides. During 2014-2017, more than 160,000 people were affected by landslides, while the death toll stood at 202 according to National Disaster Relief Services Centre.

As stipulated by the Disaster Management Act, National Building Research Organization (NBRO) is the mandatory organisation to deal with landslides. The identification of landslide prone areas and hazard zonation mapping, issuing early warnings, instructing the public on landslide mitigation measures, and enforcing necessary regulations in development works are the main functions of the NBRO.

In Sri Lanka, landslides are mostly initiated by rainfall and disturbance of slopes by construction works. Landslides in undisturbed mountain areas are due to excessive rainfall. Meeriyabedda, Samasara Kanda and Meethotamulla garbage dump are recent locations of massive landslides, which caused many deaths in addition to property damage. Meanwhile, a huge increase in the number of events is visible in the recent years.

Landslide warning signs

The commonest signs of imminent landslide are objects such as progressively leaning trees, fences, retaining walls and utility poles in the area. Apart from that following are other signs, which need attention and regular monitoring. However, it is noteworthy that the list does not include every possible sign of an impending landslide. Further, it should be noted that things mentioned here will not immediately lead to a landslide, but, initial warning signs which have to be ascertained with the help of an expert.

In buildings new cracks appear in plaster, tile, brick, or foundations, and sometimes, gradually widening.

Slowly developing, widening cracks or unusual bulges appear on the ground or on paved areas such as roads or sidewalks.

Water comes through the ground surface in new locations.

A sudden decrease in stream water levels, even though rain is still falling or has just recently ceased.

Protecting your properties

There is a higher tendency for recurrent landslides in areas, where there are records of past incidents. If you are living in a landslide hazard prone area as broadly demarcated by the relevant authorities, learn about your local geology and the potential for landslides in your premises consulting an expert. A ground assessment; a construction clearance as done by NBRO, will be important before doing any development works. It is not suitable to undercut a steep bank, build near the top or base of steep slopes, fill on steep slopes, and allow water flow down steep slopes. Planting ground cover on slopes and building retaining walls, where necessary to make the ground stable, is also important.

If you are indoors when a landslide hits

If you are indoors when a landslide occurs and unable to escape, unfortunately, only few things can be done to protect yourself. You have to find cover in the part of the building that is furthest away from the approaching landslide and take shelter under a solid piece of furniture like a strong table. Then curl up into a tight ball and protect your head until all movement has ceased.

If you are outside when a landslide hits

Landslides move very fast and trying to outrun a landslide is impossible. Instead, move quickly away from its likely path, keeping clear of embankments, trees, power lines and utility poles. Stay away from the area as additional slope failures can occur even after few days.

How to reduce landslide Hazards

The best option to reduce landslide damage is to avoid the most landslide-prone areas altogether during development work.

One of the important measures to reduce landslides is keeping cut slopes geometries during constructions works at suitable safe angles. Removing unnecessary loads acting on the slopes, planting suitable vegetation for stabi

lization and maintaining drainage paths appropriately are other steps.

As policy measures, though some are already in place, imposing strict regulations and controls on development in the area at risk can prevent

damage and loss of life. If adequate data on rainfall are available in the pre-identified risk zones early warnings will also help reduce the risks.

Ragging in Universities Mental and physical abuse in our Universities reaches crisis proportions

• We must make the violence in universities a talking point, bringing it to the fore, make witness protection more accessible, and sanction the culprits, even if they are faculty members
• The anonymous complaints system that was introduced a little over a year ago is helping students come forward with their stories

13 June 2019

You find them along pavements or near markets or even on trains, till in hand, raising funds to assist undergraduates and other students who cannot afford to even purchase an exercise book. However, the monies thus collected don’t actually go towards the purpose they tell you about, rather, it’s a ruse to raise money to build “thoran” (pandals) or even rent places to rag new batches of university students.   

For instance, one such Thorana had cost nearly Rs. 7 lakhs, a source who wished to remain anonymous said. It is conducted under the guise of “social work.” Another source confirmed that they are capable of raising more than a million rupees at times in this manner. “They are good at raising money in many ways, public money,” the source said.   

This was confirmed by several people Counterpoint spoke to, who pointed out that the students are quite good at finding methods to obtain public funds to carry out the ragging of freshers’. The “Thoran” are put up to welcome the freshers. But freshers are expected to memorise whatever is displayed on the Thorana, and recite them when demanded to do so. Being unable to recall them would mean paying a heavy price.   

So, is it actually ragging that is going on in our universities or something more vile? Some insist that it is just a mild form of teasing to break the ice, or a necessity to preserve the university culture, while others, including the Minister of Higher Education, the Chairman of the University Grants Commission, (UGC) and lately even President Sirisena claim that it is far more than that.   

I can tell you, we do not have ragging in the universities, what we have is a dangerous form of violence and sexual abuse

Professor Mohan Silva, UGC Chairman

Professor Mohan Silva, the UGC Chairman told Counterpoint, “I can tell you, we do not have ragging in the universities, what we have is a dangerous form of violence and sexual abuse.”   

He pulls out a file at least two inches thick with letters of complaints the UGC has received. There are more such files,” he says, adding, that the in the past one and half years since the anonymous complaints mechanism has been set up, they have received around 480 letters. Students and parents have written in, while others have visited the Complaints Centre. “These, he says, are the few brave enough to complain. He picks a few of the letters; ones he hopes would not shock us too much, and reads some para’s. One student had been hit in the stomach, and when things got out of hand, taken to hospital by another batch of seniors who had threatened him with death if he told the medical authorities how he came to be injured. But the medical report had shown that the boy had been assaulted.   

The Centre for Gender Equity and Equality of the UGC operates a 24 hour help line to assist students who are undergoing the physical and mental trauma they are subjected to. 
Prof. Silva states that in the past year 1989 students, registered with the UGC and enrolled at universities, have dropped out. They are not students who have gone abroad to study or joined private educational institutions he claims, explaining that the UGC calls for registrations soon after the Advanced Level results are out. The admission process takes about a year. The UGC follows up with the relevant universities twice, once soon after the list of students is sent to the Faculties, and again three to six months later. It is during the second round of checking that they find out that some students have not turned up for the courses, he says, explaining that a child who has spent 13 years of his or her life preparing to enter university, would not miss out on that opportunity on a whim. Those who go abroad for studies do so soon after their results are out, and even those who join private educational institutions do not wait out the year. And that number is minimal, he points out.   

The so-called “social work” is a cover up to get the freshers to do their bidding, he says, adding that the April 1998 Act, “Prohibiting of Ragging and other forms of violence in Educational Institutions,” carries a two year term of Rigorous Imprisonment if found guilty by a Magistrate, for committing or participating in ragging, and 10 years RI where sexual harassment or grievous hurt is caused during ragging to students or staff. However, it is not the intention of the UGC to prevent any student from achieving their dream of higher education or send them to jail, but to create a safe and conducive learning environment for all. Many methods are used to inform students and their parents about staying safe and of the outcome if they are found to be in violation of the Act. It is an unbailable offence.   

What goes on now is extremely violent and hostile. There was physical violence previously too which was not condoned in any way

Dr. Wijaya Jayathilake. Faculty of Agriculture, University of Peradeniya

The police have so far been reluctant to enter universities, as the Marshalls are expected to handle the situations, but of late, the Inspector General of Police has written to all DIG’s explaining the Act and urging them to be pro-active in helping to curb this problem according says Professor Silva.   

Unlike popular belief, those indulging in these acts are not always from socially underprivileged backgrounds, explains Professor Silva, adding that the undergraduates involved in the recent violent acts of ragging of Peradeniya University students, were not from under-served or rural communities. “We all have an animal within, he states, and that comes to the fore when pulled into such acts.” There is myth about these actions ensuring equality in universities, which makes all Sri Lankans happy, he says, but it’s a sub-culture in the university to break down anyone who shows some spirit, “seniors have to be addressed as Uththamaya.” It has come to a point, where first years’ are being picked by the seniors to rag their own batch; they keep a look out and choose students with their own mindset to carry out the ragging, the Professor alleges.   

A student who opposes ragging and wished to remain anonymous described his experience, where at his campus too, newcomers are barred from eating at certain canteens, walking along some paths etc. “On one occasion, I was made to stand for six hours, before I was allowed to leave; my legs were shaking by that time.” “After 8 p.m., they take first year students, one by one to the front of the room and ask them to do disgusting acts. Most are to imitate sexual activities or singing “kunuharapa kavi”. It’s a total mental abuse.” Students are not allowed to display any religious symbols either.   

The pathetic situation is that most of the lecturers know these things happen at the university but do not take any action. Actually some lecturers support these actions, because they believe we must face what they faced, and others want it to preserve the culture of the university. The Senior Student Counsellor, who is a member of the Faculty, usually advises them to carry out their actions in a manner that they would not get into trouble.”   

Dr. Wijaya Jayathilake of the Faculty of Agriculture, University of Peradeniya says what goes on now is extremely violent and hostile. There was physical violence previously too which was not condoned in any way, yet when compared to what is happening today, at least there were some checks and balances at that time, he points out. Super seniors would openly intervene and reprimand the seniors if any unacceptable methods were practised. Hitting or certain forms of sexual violence were taboo. When the JVP student unions were in control, ragging of students stopped. But now, it’s a different story. It’s the rule of the forest, says Dr. Jayathilake, who pointed out that the form of violence used now, has resulted in spinal injuries, broken limbs, burst ear drums, extortion and sexual harassment. The anonymous complaints system that was introduced a little over a year ago is helping students come forward with their stories, he added.   

Ragging was a Western concept that crept into Sri Lanka’s universities. So this has a history of about 60-70 years

Retired Professor Sumanasiri Liyanage

What takes the form of ragging today, explains Dr. Jayathilake, is beating out the spirit of the individual. The dynamics and rationale has changed, and new undergraduates must conform; be it the dress codes, not speaking in English, not performing well in class or interacting with lecturers, using the canteen or library. Four years of that and the end result is a mediocre graduate. Anyone who stands up to it is ostracised and their spirit broken; most students give up their education, he says.   

He confirms Professor Silva’s assertion that students are dropping out of University. According to data received by the Anonymous Complaints Centre, more than 1500 students enrolled at various universities have dropped out in the last one and half years, says Dr. Jayathilake. 

While it is suspected that inhuman forms of ragging may be the cause, Dr. Jayathilake said a study is currently underway to determine factors that result in students giving up on their chance for a higher education. The study involves all universities, but focuses on 8 in particular. The study, while triggering more questions, would also help determine the reason behind the intensity and prevalence of this violent behaviour, and is expected to be completed in three months.   

The zero tolerance policy declared by the Minster of Higher Education, Wijedasa Rajapakshe is a good move, he says, because university administrations too would be required to be pro-active in discouraging this ugly behaviour.   

Unfortunately, in instances where university administrations have taken a tough stand, more often than not, political pressure is brought to bear, negating the action taken. 
Treasurer of the Federation of University Teachers Union and management lecturer at the University of Ruhuna, Rohana Laksiri points out that the situation has come to what it is today because of political interference. Successive governments have seen it as a political tool, and when it suits them, when they need the support of minor political parties, they turn a blind eye and allow those parties to establish their power within the universities. That is how student unions are controlled, he explains. While he commends the introduction of an anonymous complaints mechanism, he points out that most students may not complain, because they may want to perpetrate the same acts when they are seniors. As well, he advises that a scientific analysis is necessary to determine whether all those who have dropped out, did so because they were ragged. “Second, third and fourth year students drop out too, and some go to Korea to work as labourers instead of completing their degrees,” he points out.   

Professor of Gynecology at the Colombo Medical College, Hemantha Senanayake told Counterpoint that there have been instances where freshers have pushed aside the protection given and asked to be ragged.   

Ragging is a well thought out modus operandi. He explains that while one group carries out the physical and mental attacks on the fresher, another group then befriends him or her, sympathises with them and uses that to lure them into being compliant and conforming to their demands. Mentally and physically broken, the victim sees no way out, but to do the bidding of the other, not realising both groups are in this together.   

I think it is alright to ask new students to wear certain clothes, make them sing a song. These are not violent

Hansa Jayarathne,  University of Colombo

While the Colombo Medical Faculty has been free of this menace, Professor Senanayake states, this is not the case in most other Faculties. With the online complaints mechanism set up by the UGC, and more students and parents coming forward to report incidents, there is hope this menace could be eradicated for good.   

Students of a particular university are claiming that Marshalls enter their dormitories etc., carrying poles to hit them with, but investigations have revealed that the students have trained a dog to attack on command and that is the reason the Marshalls are carrying poles to protect themselves, Counterpoint learnt.   

Retired Professor Sumanasiri Liyanage has a different take on the whole issue.   

“Ragging needs to be eliminated from the university system. Ragging was basically a Western concept (bullying) that crept into Sri Lanka’s universities. So this has a history of about 60-70 years.   

“Everyone is in the understanding that ragging should be eliminated but no one knows a proper way of doing it. There is no proper mechanism to tackle this matter.   

“And what the government is trying to do now is to eliminate student unions in the guise of fixing the ragging issue. This should not happen. There is no direct link between ragging and student unions.   

“The government is trying to kill two birds with one stone, he told Counterpoint.   

J. Yogaraj, a, lecturer in computer science and media communications who teaches at several institutions including the Kalutara Police College, sees it differently. He believes some ragging is important to break the ice and for freshers to form bonds with the seniors. 

Hansa Jayarathne, Lecturer in the Arts Faculty, University of Colombo explains that “There are two key student bodies in the university. Most often there is a clash between these two unions. They try to recruit students to be in power, so they are not very harsh on students. There is an app to tackle ragging. But there is a practical issue about it. Not all students use this technology. They don’t even check their emails.   

“I think it is alright to ask new students to wear certain clothes, make them sing a song. These are not violent. There is a sub-culture in universities. Something like a tradition that makes university experience unique.”   

Tharindu Neranjan, a second year student of the South Eastern University disagrees.   

“Ragging should be eliminated from the university system. Even harmless ones such as giving freshers a certain dress code should not be allowed. Universities need to be places where students are safe, he says.   

Dr. Jayathilake says, that it is not that students are without genuine grievances; food is one, and accommodation another, though the latter issue has been adequately addressed. Their inability to function in English, and the poor quality of education, where students entering university lack many skills must also be resolved so they can compete with others in the market place. University Councils must be pressured upon to ensure we produce quality graduates Dr. Jayathilake states. Professor Senanayake concurs, stating he recently received a message which said, it’s not an atomic bomb that would destroy a nation, but a lowering of educational standards. “What we now see are qualified people, but not educated, it’s an education, free of education,” he quipped.   

Alumni don’t see the reality. The case of where an undergraduate Buddhist Monk attempted suicide is a case in point, where there was hardly any coverage even in the media. It is possible that some of the journalists were raggers themselves and are reluctant to raise the issue.   

Primary prevention is the need of the hour, emphasised Professor Senanayake, “we must make the violence in universities a talking point, bringing it to the fore, make witness protection more accessible, and sanction the culprits, even if they are faculty members. Ragging is only the tail of the animal; all of the issues must be addressed collectively.” With the new complaints mechanism the Vice Chancellors, the Deans, the Marshalls all have to be pro-active, he pointed out. Dr. Jayathilake agrees, “There is some conversation taking place already on social media, and even if it’s about unpleasant stories, people are taking note.”   

Professor Silva added that some Vice Chancellors are committed to arresting the trend, and it is clear that student protests take place in universities where the administration is strong and don’t make compromises. Where the Student Union has the upper hand, it’s a different situation.   

Though some may still argue that ragging is good, or it is not as bad as it is made out to be, the number of complaints received by the UGC, the number of students who have opted out of State Universities and the despicable acts being perpetrated are a clear indication that this is a beast that must be caged without further delay. The perpetrators of these unspeakable actions will be the country’s future leaders; therefore it is imperative that we do not look askance and allow more student lives to be destroyed.