Govt. moves to stifle dissent over war as
India turns on the heat
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Mahinda Rajapakse, Karunanidhi,
Rajitha Senaratne and Anura
Priyadarshana Yapa |
JHU sees stalemate and missed
opportunities in war front
APRC takes up President's
'undivided Sri Lanka' concept
India
rules out role for Sri Lankan govt.
in distribution of Tamil Nadu food aid
Rajitha takes battle to Yapa for media
freedom in cabinet
Sunday Leader has many reporters
in cabinet warns President
With the economic crisis confronting the
country set to explode in all its fury by
end year, President Mahinda Rajapakse
presented a budget last week which held
little real hope of alleviating the people's
living conditions while news from the
battlefront was anything but promising for a
government that placed all its political
eggs on a military solution to the ethnic
conflict, signaling in the process desperate
months ahead.
It is a realisation of the dark days ahead
which prompted the government to look at
ways and means of silencing the media so the
people will not get a full measure of the
crisis facing the nation. However that
attempt too appeared to be coming a cropper
making a bad situation worse and with even
the ministers frowning upon the unfolding
tragedy, the search was on for scapegoats
to pin the blame.
Hitherto the government survived on a full
dose of war hysteria with regular updates on
the LTTE's inevitable decimation and the
people lapped it up as they pledged to
tighten their belts in the face of economic
hardships to see an end to the menace called
the Tigers.
Possibly believing the government and the
people can survive on propaganda alone the
media advisors in the administration thus
continued to trumpet victories with news of
various bunkers, culverts and Tiger
strongholds captured almost on a daily
basis, massaged by high LTTE casualty
figures.
Casualties
What the government did not place before the
people on a daily basis however was the full
extent of the casualty figures on the side
of the security forces who were fighting
heroic battles or the large number of
deserters, thus reinforcing in the minds of
the people, victory was imminent.
And having in August said the security
forces were within hooting distance of
Kilinochchi and the fall of LTTE's
administrative capital was just days away
the people waited with bated breath, only to
realise something was not quite right with
what they were being dished as the days
became weeks and the weeks turned into
months.
This reality started dawning on the people
slowly but surely with the government going
silent on the fall of Kilinochchi and the
Prime Minister in parliament giving monthly
updates on security forces' casualties
numbering over thousand, further to the
Defence Ministry finally deciding to put a
lid on releasing the casualty figures.
Day-dream
Confusion was worst confounded when the
government last week started talking of
moving towards Pooneryn without reference to
liberating Kilinochchi in the teeth of LTTE
Chief, Velupillai Pirapaharan's boast that
doing so is a Rajapakse day dream. Add to
this the botched attempt in parliament not
to disclose the security forces casualty
figures for the month of October through the
Prime Minister and finally having to do so
under opposition goading by Energy Minister
John Seneviratne.
The grim statistics finally disclosed for
October were: 171 security forces personnel
killed, 1122 injured, 38 civilians killed
and 62 injured. In the month of September
the forces personnel killed were 200 and the
injured over 950.
Thus, the fact all was not honky dory on the
war front the President realised compelling
him to look at alternate strategies
including one that is political while
keeping a lid on dissent through means such
as the Gazette regulations to control the
electronic media with even the JHU becoming
disgruntled.
Ironically, having goaded the President to
go on an all out offensive irrespective of
ground realities including human rights
considerations which would impact on Sri
Lanka's international relations and the
economy, the JHU members are now privately
conceding the war effort is not going
according to plan and that the economy is in
serious trouble.
Economy
Not only are JHU members who steadfastly
opposed placing a political package on the
table now conceding these factors in
private, but are also stating the overall
war effort will suffer if the economy
continues to deteriorate and finds in Army
Commander Sarath Fonseka a convenient
scapegoat for the status quo.
The point these JHU members make is that the
war could have been finished one month back
but that the Army Commander did not want to
do so until his extension due in December
was given and as a result a golden
opportunity was missed, resulting in a
stalemate situation due to the onset of the
monsoons.
While the Army Commander no doubt would
scoff at such allegations, the fact remains
the JHU thinking reflects a ground reality,
which their members feel will only get worse
due to the economic disaster waiting to
happen in the backdrop of a global economic
recession.
That the economy is starved for funds is no
secret with the government unable to even
meet its day to day commitments and this
fact was best underscored by Health Minister
Nimal Siripala De Silva on Wednesday,
November 5 when he met the food suppliers to
the government hospitals and issued a stern
warning.
The cash crunch is such the government has
not been able to pay contractors for
services rendered in several sectors with
suppliers providing food to the hospitals no
exception, prompting them to withhold
supplies until the millions owed to them for
months of supplies were paid.
Given the seriousness of the situation,
Minister Silva summoned a meeting of the
contractors and promised to pay them 25 per
cent of their dues with a warning not to ask
for anymore payments at least for another
two months whilst also demanding that they
continue to supply food on credit during
that period or face blacklisting.
Mind you, the case of the hospitals is but
one with the economic crisis and the cash
crunch hitting virtually every sector, at a
time the government has to continue funding
a war which is also not going according to
plan further to the pressure mounted by
Tamil Nadu setting the stage for a political
and economic nightmare scenario for
Rajapakse.
Solution
Having talked tough on foreign interference
with regard to human rights and a political
solution despite warnings by sections of the
media and the opposition on the overall
consequences such a course of beating the
war drums alone will have on the security
effort, the government was finally forced to
concede a role for India in Sri Lanka's
battle against the LTTE, limiting President
Rajapakse's options in facing the political
and economic challenges ahead.
So much so, following Senior Presidential
Advisor Basil Rajapakse's visit to New Delhi
where he had to listen to some tough talking
by Foreign Minister Pranab Mukherjee and
National Security Advisor M.K. Narayanan,
the President had to concede in an interview
to the Chennai-based Hindu newspaper there
can only be a political solution to the
ethnic conflict and it would be within an
'undivided Sri Lanka.'
This interview was seized upon by CWC's R.
Yogarajan at Monday's All Party
Representative Committee (APRC) meeting
chaired by Science and Technology Minister
Tissa Vitharana, where he said the debate
over the 'unitary' and 'federal' state
concepts have not been resolved by the
President no less with the use of the
'Undivided Sri Lanka' concept.
That apart, India of course was not averse
to the government defeating the LTTE
militarily going so far as to even encourage
it but on condition that a political package
which is an advancement of the 13th
Amendment is placed on the table further to
ensuring the civilians are not impacted in
battle.
Having placed the government in that strait
jacket, India added salt to the festering
wound by insisting on providing food relief
to the civilians in the Wanni despite Basil
Rajapakse's protestation "Sri Lanka had
enough food to meet the requirements of the
internally displaced people."
Eat parippu
Not only did India say it will send 800
metric tonnes of food aid, but added Tamil
Nadu would do likewise, and embarrassed by
the outcome of his visit, Basil Rajapakse
made it known such food aid will be
distributed through the Sri Lanka
government.
That claim led to a howl of protest in Tamil
Nadu, which saw the Sri Lankan government
once again being forced to eat humble
parippu with New Delhi making it known the
food aid collected in Tamil Nadu will be
distributed through the Indian High
Commission in Colombo using the good offices
of the UN and ICRC and not the Rajapakse
administration.
It was Tamil Nadu Chief Minister Muthuvel
Karunanidhi who fired the first salvo on the
food aid distribution following reports it
would go through the Sri Lankan government,
claiming the promise made to him was
otherwise.
Considering Tamil Nadu is already on the
boil due to the civilians' plight in the
Wanni and the issue generating a momentum of
its own where even popular film stars have
come out, Karunanidhi was not to miss
gaining maximum political capital and wrote
to both Prime Minister Manmohan Singh and
Foreign Minister Pranab Mukherjee early in
the week over reports of the Sri Lankan
government's involvement in distributing
Tamil Nadu food aid.
Drawing attention to the promise made to him
by Mukherjee that the food aid would be
distributed through the Indian High
Commission in Colombo, Karunanidhi made
reference to media reports which were to the
contrary and asked for the Union
Government's position on the matter.
Response
The implications of the Karunanidhi query
was not lost on the Indian Central
Government and an immediate response went
out stating, "The relief material will be
shipped to the High Commission of India in
Colombo who will arrange for its
distribution in the affected areas in
northern Sri Lanka through the ICRC and the
United Nations." The External Affairs
Ministry Communication to Karunanidhi's fax
query was addressed to the Tamil Nadu Chief
Secretary K.S. Sripathi.
What the Central Government of India told
Karunanidhi through that communication was
that the Sri Lankan administration will have
no role in the entire exercise, in effect
that
Sri Lanka
has abdicated its sovereignty over the issue
to
New Delhi.
And that from an administration which
refused an investigation to qualify for the
GSP Plus and save over 200,000 jobs on the
very sovereignty and national integrity
premises.
Little wonder then the government wanted to
keep a lid on media freedom by introducing
draconian regulations and that was the hot
topic of discussion at Wednesday's cabinet
meeting with Media Minister Anura
Priyadarshana Yapa seeking cabinet approval
to present the already gazetted regulations
to parliament, helping in the process to
identify the 'shame list' of those who did
the drafting of the report.
(See box for full Cabinet Memorandum)
At the outset, Minister Yapa who was also
minister in charge when The Sunday Leader
was sealed in the year 2000 said he met with
heads of the electronic media institutions
where certain clarifications were sought of
him and that he had given them four weeks to
place on record their concerns.
Approval
Continuing, Yapa, a lawyer by training said
what he wanted to do through the cabinet
paper was seek approval to place the
regulations before parliament in terms of
the Sri Lanka Rupavahini Corporation Act,
comments which saw President Rajapakse
coming in with some advise on the futility
of misleading the media.
Yapa in fact also lied to cabinet when he
said heads of the electronic media were
given four weeks time to send in their
concerns in writing, when in fact no such
time-frame was given as later disclosed in
writing by TNL's Shan Wickremesinghe and the
Sirasa Group.
Said the President - "By virtue of you
gazetting the regulations, it has become
law. You are bringing it before cabinet to
merely keep the ministers and parliament
informed. Now that you have gazetted the
regulations, let us give approval but since
you have given four weeks for the media
organisations to respond, wait till that
period is over before presenting it to
parliament. You cannot fool the media. Some
of the editors like the Leader Editor
Lasantha are lawyers. They know with
gazetting, it has become law. You cannot
fool them."
Making his own contribution at this point
was Environment Minister Champika Ranawaka
who took a broadside at Minister Yapa for
not following proper procedure. Ranawaka
said while Yapa must be commended for
discussing the regulations with the media
industry, he added the Minister should have
done it before issuing the Gazette.
Responded the President in support of Yapa -
"True but the Minister had appointed a
committee. The Minister listened to their
views before finalising the Gazette."
Coming in at this stage was Construction
Minister Rajitha Senaratne, who not only
championed the cause of the media but
clearly showed he had studied the subject
although careful to not ruffle too many
feathers in making his comments.
No doubt realising the regulations were
targeting the Sirasa Group in particular,
Senaratne in what was seen by many
colleagues as a smart move did a dummy
stating the government should not push all
parties onto one platform through such
gazettes because of one or two media groups.
Ammunition
Said Senaratne - "Why should we give more
ammunition and publicity to Kili Maharaja
and Shan Wickremesinghe by bringing in such
regulations? They can be anti government but
why give them more prominence and ammunition
by doing this and in the process getting
other media groups also against us? We must
win those not with them by having a dialogue
and the way to do so is not by bringing
regulations to punish them. These
regulations are too wide in scope and
arbitrary. It is not helpful to this
government."
Added Senaratne - "So don't approve these
regulations and push them away. Wait till
the discussions with the media groups are
concluded and then decide. After the four
week period is over, this can be
considered."
Having said that Senaratne dealt at length
on the legal implications and the impact the
regulations will have on media freedom and
added he cannot support it with good
conscience, a similar view which was later
articulated by Human Rights Minister Mahinda
Samarasinghe.
Said Samarasinghe - "If you look at the
cabinet paper, what is being asked for is
only approval to place the regulations
before parliament. That being the case, let
us wait till the Minister brings it back
after the four week period."
Interjected the President - "Yes that is all
the cabinet paper is asking for. Then why
don't we give all the ministers an
opportunity to present their views also and
take it up in four weeks."
Added the President - "Now all this will go
in the Leader paper. Like I was accused of
being the reporter in the past, there are
many reporters to the Leader in the cabinet
today. Some are doing my job now."
The hat
Not stopping at that, the President looked
at Minister Ranawaka and said an even bigger
problem is the Daily Mirror with the
newspaper calling some ministers soon after
the cabinet meeting is over to find out what
was discussed and the President's comments
were received with good humour leaving it to
those who thought it fit to don the hat of
the 'Reporter.'
During the course of this discussion, the
President was to also say there were many
legal pundits in cabinet who should know the
law regarding Gazette regulations and called
upon International Trade Minister G.L.
Peiris to bat on the issue, which he
proceeded to do.
The Minister said once the regulations are
gazetted they have the force of law. It
could be amended when the regulations are
presented to parliament. He said only once
parliament approves them that the
regulations will come in to force.
Not to be outdone, Foreign Minister Rohitha
Bogollagama came up with his own legal
interpretation of the law with Minister
Sarath Amunugama claiming the regulations
must be presented to parliament within three
months after gazetting.
The other ministers disagreed with that view
and the President finally said approval will
be deferred until the view points of all
the ministers are received, possibly not
realising the issue was already before the
Supreme Court with several media
organisations and MTV challenging the
validity of the Gazette in the Supreme Court
that very Wednesday.
And the following day, the President met
with the ministers again to get approval for
the budget with none daring to voice any
disapproval though their long faces said it
all.
The people would, given the contents of the
budget and the ground realities on the
war-front be thus best advised to tighten
their belts further and ready for the long
haul.
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Cabinet Memorandum
Ministry of Mass Media and Information
November 2008
Cabinet Memorandum No. 05/49/2008
Private Television
Broadcasting Station Regulations of 2007
Herewith I submit the extraordinary
Gazette Notification No. 1570/35
dated 10.10.2008, which consists of
regulations cited as the Private
Television Broadcasting Station
Regulations of 2007 made by me in terms
of the powers vested in me as the
Minister of Mass Media and Information
under Section 31 of the Sri Lanka
Rupavahini Corporation Act No. 06 of
1982.
02. The draft report was prepared by
a Committee comprised of following
members headed by Mr. W B. Ganegala, the
Secretary to the Ministry, with regard
to the process of setting up
regulations.
|
Dr.
Rohana Lakshman Piyadasa
|
Senior Lecturer,University of
Kelaniya |
|
Mr.
Sisira Kotalawala |
Director General,Sri Lanka
Rupavahini Corporation |
|
Mr.
Sanath Panawenna |
Deputy Director (Engineering), Sri
Lanka
Broadcasting Corporation |
|
Lt.
Col. Ajith Wijesinghe |
Communication Advisor, Ministry of
Defence |
|
Mr.
Shiran Gunaratne |
Senior State Counsel, Department
of Attorney General |
|
Mr.
G. V. S. Senevirathne |
Deputy Director, Ministry of Posts &
Telecommunications |
|
Mr.
R.G.H.K. Ranatunga |
Deputy Director, Frequency Manager |
|
Mr.
E.M.W.B. Ekanayake |
Additional Secretary, Ministry of
Cultural Affairs & National Heritage |
03. Arrangements were made to submit
the draft report of the said committee
to the Attorney General on 8 th
September 2008. The amended draft as
suggested by the Attorney General was
directed to the Legal Draftsman and the
proposed final draft was sent by him to
the Ministry on 15.09.2008. The
regulations made accordingly were
published by me in the Extraordinary
Gazette No. 1570/35 dated 10.10.2008.
04. Further, with regard to the Court
of Appeal Application No. CA 476/2004,
the Attorney General has urged the need
of making regulations under the SLRC Act
and he has also information that action
be taken to submit regulations under the
SLBC Act before 05.12.2008, concerning
another Application No. CA 76/2003 of
the Court of Appeal
05. Approval of the Cabinet of
Ministers is therefore sought to present
the aforesaid regulations in parliament
as per Section 31(3) of the Sri Lanka
Rupavahini Corporation Act. No. 06 of
1982.
Sgd/ Anura Priyadarshana Yapa
Minister of Mass Media and
Information |
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