The elusive federal idea

By D.B.S. Jeyaraj

The federal idea is not a new concept to Sri Lanka. It is however a controversial theme in the country and is viewed on both sides of the ethnic divide with great hostility. Sri Lankan "patriots" think the introduction of federalism will ultimately lead to division of the country. Tamil Eelam "patriots" think federalism is a ruse to weaken nationalist aspirations for a separate state. The Muslims particularly from the north-east are worried about their place in a federal situation.

Against this backdrop of contending insecurities, federalism has become the "F" word in Lankan politics.It is interesting to note that federalism as a form of governance was proposed in the pre-independence period by Sinhala leaders. There were no takers for it among the Tamils.

Geater decentralisation

Later Sinhala leaders began toying with the idea of greater de-centralisation. But post-independence developments saw the demand for federalism gaining support among Tamils. This resulted in Sinhala leaders losing enthusiasm for the "F"-word. Subsequent events saw federalism becoming discredited among Tamils too as secessionism and armed struggle gained dominance.

Those desiring a federal solution feel that unity is possible amidst diversity but those opposing it opine that only "unitary" will bring about unity. What the unitarists forget or ignore is that the island's current avatar as a single state was made possible only by the British colonialists. It was in 1832 that the British unified the country into modern Ceylon by forging together the Kandyan, low- country, and maritime regions into one entity. The existing 32 administrative divisions were compressed into five provinces.

Some decades later the five became nine provinces.Even as the "new" nation began progressing towards self - government under British rule the necessity for some form of de-centralisation and/or devolution was felt. Both de - centralisation and devolution were used interchangeably. The first person of eminence to propose federalism for Ceylon was none other than Solomon West Ridgeway Dias Bandaranaike.

The Oxford-returned SWRD was of the view then that Ceylon should become a federation.Ironically SWRD first made this proposal in Jaffna in 1926. The Youth Congress invited him for a lecture where young SWRD spoke on the topic "Federation as the only solution to our political problems". Bandaranaike argued that regional autonomy was the ideal way to manage communal differences. The audience was neither impressed nor enamoured by the federalism pitch. The full lecture was later serialised in The Morning Leader.

Politically untouchable

There were few takers for federalism and James. T. Rutnam wrote some articles in the same paper criticising SWRD's proposal. SWRD however adhered to federalism while heading the progressive nationalist party. While the Tamils treated federalism as politically untouchable another ethnic sub-group touted the "F"-word as a manthra in the 20s of the twentieth century. Kandyan Sinhala representives comprising mainly of the Radala elite were suspicious of a system where the numerically larger low-country Sinhalese could swamp them. So they went before the Donoughmore Commission in 1927 and proposed a federal Ceylon comprising three units. One for the Kandyan provinces , one for the low- country provinces and one for the Tamil provinces of the north and east.

Even at that time the Tamils did not think of a federal north - east but argued for communal representation based on greater weightage for the Tamils. The Donoughmore Commission rejected both federalism and communal representation. It was territorial representation and universal franchise.The pan-Sinhala board of ministers set up in 1936 saw Bandaranaike become local government minister.As local government minister SWRD moved away from federalism to de-centralisation.

No antipathy

It must be noted that there was really no antipathy towards federalism then. It was more apathy and dis-interest. SWRD himself had great political ambition and sought to build up his base through the Sinhala Maha Sabha and through enhancing the local government system. So he wanted to re-vamp the local government system and provide greater autonomy through de-centralisation.SWRD envisaged the province as the unit of greater local authority. He wanted to set up provincial councils. The local government ministry's executive committee released a report advocating more powers to these proposed councils.

In 1940 R.S.S. Gunawardena introduced a motion in the state council proposing the setting up of provincial councils. The state council approved it but for some inexplicable reason SWRD did not proceed further and present a bill in the state council during its tenure.Bandaranaike was local government minister in Independent Ceylon's first cabinet under D.S. Senanayake.

It is said that he tried to revive his provincial council formulation again as a means to bring government closer to the people. But his cabinet colleagues enjoying power as full-fledged ministers were reluctant to dilute or reduce their newly gained authority. So SWRD could not go through his plans. This was indeed a great pity because the envisaged provincial councils could have been set up without much problem then as the ethnic dimension was not prevalent then.In 1951 Bandaranaike crossed over to the opposition and founded the Sri Lanka Freedom Pary (SLFP). Sadly SWRD saw a short-cut to power through pandering to communalism.

The Sinhala-only wave saw Bandaranaike becoming prime minister in 1956. In fairness to Bandaranaike he did try to incorporate provisions accommodating Tamil grievances in the official languages bill. But the hardliners who brought him to power did not permit it. Likewise SWRD revived his pet project of regional autonomy by trying to set up up regional councils. Again his moves were aborted through hard-line opposition.There was now a new political phenomenon on the political horizon.

A new party

The main Tamil party the All Ceylon Tamil Congress had split and the splinter group had formed a new party. Earlier the Tamil Congress fought hard for a scheme of balanced representation popularly called "fifty - fifty". This was rejected by the Soulbury Commission.It is indeed noteworthy that the Tamil political leadership of the pre-independence period had not campaigned for separation or federalism before the Commission. They had wanted a scheme where the minority community representation should be given weightage whereby the non-Sinhala communities together could counter-balance Sinhala domination.

One reason for the Tamil leadership not opting for federalism was due to the fact that it was essentially comprised of the Colombo based elite. With Tamils enjoying a larger proportion of prestigious professions, government jobs and commerce in Sinhala areas the dominant Tamil elite perceived the community as being "all -island" rather than "regional".

Subsequent events proved how short-sighted this belief was.G.G Ponnambalam was leader of the Tamil Congress then. His deputy was S.J.V. Chelvanayagam. GG as he was generally known was seen as a pragmatic politician by his supporters

A revised approach

After full independence dawned Ponnambalam revised his approach. With balanced representation an impossibility GG now articulated the concept of "responsive co-operation". Ponnambalam opted to join the D.S. Senanayake cabinet. The price he paid for that was the stigma of betraying the up-country Tamils who were deprived of citizenship and franchise by the UNP regime. G.G.P became industries and fisheries minister and established many factories and fisheries harbours in the north-east.But some of his deputies like Chelvanayagam, C. Vanniyasingham, E.MV Naganathan and V. Navaratnam rebelled against Ponnambalam. They broke away and formed a new party. It was called the Ilankai Thamil Arasu Katchi (ITAK) in Tamil. Its English translation should have been Ceylon Tamil State Party but instead it was called Federal Party (FP).

Autonomous Tamil state

The new party wanted an autonomous Tamil state comprising the Tamil dominated northern, and the Tamil- majority eastern provinces within a united Ceylon.The advent of the ITAK was a water-shed in Ceylon politics as it was the first party to espouse the federal idea as its main ideology and goal. Unlike SWRD who emphasised regional autonomy for good governance the FP wanted federalism to protect Tamil interests and achieve ethnic harmony.

Precept and practice

Unfortunately there was a hiatus between precept and practice. The federal idea as promoted by the ITAK was embroiled in controversy . It was mis-represented, mis-understood and therefore much maligned and much hated.Initially the opposition to federalism came from the Tamil Congress itself. With the ITAK calling Ponnambalam a traitor for accepting a cabinet portfolio the Congressmen hit back by distorting the federal idea.

Even before Sinhala politicians started distorting the meaning of federalism as secessionism the Tamil congress did so. The Tamil voters were "terrorised" by the propaganda that federalism meant a break with the rest of the country and that the Tamil businessmen and government servants in the south would have to return. "The Yal Devi won't run that side of Elephant pass" was one such threat.

The ITAK wanted a federal union between the Tamil autonomous Tamil state and the residual Sinhala state. This demand too was ridiculed by G.G. Ponnambalam who pointed out that such union entailed consent by both parties. "Are the Sinhalese prepared for federalism" he queried. Doubts were also raised whether Eastern Province Tamils, Muslims and Wanni Tamils were ready for federalism. The plantation Tamils and Tamil leftists too were not receptive. The Communist Party later advocated regional autonomy.

The newly formed ITAK won only Trincomalee and Kopay in the parliamentary elections of 1952. Even there the personal popularity of Rajavarothayam and Vanniyasingham had more to do with victory than the federal idea. The Tamil votes had overwhelmingly rejected federalism at the polls. The idea of power sharing at the centre through holding cabinet portfolios seemed more lucrative than sharing power at the periphery through federalism.

The 1952 - 56 years saw a sea change in Sinhala and Tamil politics. The SLFP began raising the communal cry and advocating Sinhala as the sole official language. This in turn created insecurity in Tamil areas. The ITAK vowed to resist Sinhala imposition and began mobilising support. In this raucous atmosphere saner voices calling for parity of status like the LSSP were shouted down.

Downplayed

Interestingly the federal idea was downplayed by the ITAK during these years. It was the language issue that galvanised Tamil voters. The ITAK retained its demand for an autonmous state of both provinces but in practice did not emphasise it too much. Instead the ITAK projected an impression that it would not object to district based autonomous units being set up.

In the '50s  there were only three districts in the north and two in the east. The present Jaffna and Kilinochchi districts formed the Jaffna district. Vavuniya and Mullaithivu districts were one called Vavuniya. Mannar was the third. In the east the present Batticaloa and Amparai districts formed one Batticaloa District. Trincomalee was the other.

New approach

Chelvanayagam's new approach was a recognition of regional and sub - national differences within the north - east. The district based units it was felt would lessen fears among non-Jaffna Tamils as well as the Muslims. The ITAK adopted an inclusive approach towards the Muslims by embracing them under the "Tamil speaking people" concept. The north-east was the traditional homelands of the Tamils and Muslims it was argued.

If Sinhala became the sole official language the counterpoint to it would be the setting up of a Tamil "linguistic" region comprising north and east.The 1956 election results saw an ethnic polarisation with the ITAK winning most seats in the Tamil areas and the MEP-SLFP- Bhasa Peramuna combine sweeping polls in the Sinhala areas. Political violence set in when government-sponsored mobs assaulted Tamil Satyagrahis protesting the imposition of Sinhala as the only official language.

Driven away

 Violence also spread in the east where Tamil agriculturists were driven away from lands in newly set up irrigation schemes. This led to a situation where the ITAK re- asserted its demand for an autonomous region of both provinces.Once again , in fairness to Bandaranaike, it must be said that he tried to resolve the political conflict by trying to address Tamil grievances. He promoted dialogue with the ITAK and tried to arrive at an understanding with Chelvanayagam. This included provisions for usage of Tamil language, preferential poilicies in land alienation and above a sceme to establish regional autonomy. For this Bandaranaike signed a pact with Chelvanayagam called the Banda-Chelva pact.

Subsequently legislation to set up regional councils was introduced. Despite his good intentions Bandaranaike found it impossible to honour the pact in practice. The genie he had released from the bottle refused to go back in. The communal forces unleashed by SWRD in his bid for power became uncontrollable. Bandaranaike described by Tarzie Vitachi as "weak and vacillating" went back on his word in deference to the forces who installed him in power. Ultimately those forces destroyed him . The federal idea remained elusive and unattainable.

To be continued next week.

HRW urges donors to pressure Sri Lanka

Human Rights Watch (HRW) making a presentation at the Sri Lanka Development Forum in Brussels last week came down hard on both the LTTE and the Government of Sri Lanka over the increasing human rights violations and the deteriorating security situation in the country. We reproduce below the report that was presented to the European Union Parliamentarians.

European Parliament Committee on Development.

Public Hearing: The Human Rights Situation and Humanitarian Space in Sri Lanka.

Your Excellencies and Colleagues,

Thank you for giving us the opportunity to speak at this gathering. This event could not be happening at a more timely moment.

Sri Lanka faces a human rights crisis. The cease-fire between the government and the LTTE exists only in name. Over the past 14 months, as major military hostilities between the two sides have resumed, civilians have paid a heavy price. This has happened both directly in the fighting and in the ever-increasing number of abductions, killings, and enforced disappearances.

The LTTE has consistently violated human rights and international humanitarian law. In its fight for an independent Tamil state, the armed group has directly targeted civilians with claymore mines and suicide bombers. It has summarily executed persons in its custody and forcibly recruited for combat boys, girls, men, and women. It continues to murder its political opponents, largely in the Tamil community, and runs a near totalitarian state in the areas of the country's north and east under its control.

At Human Rights Watch, we have consistently documented abuses by the LTTE, particularly the LTTE's systematic recruitment and use of child soldiers and the group's heavy-handed fund-raising tactics abroad. This is something we will continue to do in the future.

However, what has become a source of deep concern to us is the Sri Lankan government's human rights track record over the past year, which has taken a decisive turn for the worse. As hostilities increased, eager to destroy the LTTE at all costs, the government's respect for Sri Lankan and international law has sharply declined.

Serious violations

Some of the most serious violations have taken place in the areas of open conflict, where civilians have died and been displaced. Both the government and the LTTE have shown a brazen disregard for the well-being of civilians.

The treatment of internally displaced persons remains a paramount concern. Some 315,000 people have had to flee their homes due to fighting since August 2006; 100,000 fled in March 2007 alone. This comes atop the 200,000-250,000 people made homeless by the 2004 tsunami and the approximately 315,000 displaced from the conflict prior to 2002. Since January 2006, more than 16,000 Sri Lankans have fled to India as refugees.

Both the LTTE and the government have failed to provide for the needs of the displaced. The LTTE has at times blocked civilians from leaving areas of conflict, while the government through its indiscriminate shelling and restrictions on humanitarian aid has encouraged civilians to flee. The government has forcibly returned scores of displaced persons after it deemed their home areas 'cleared' of the LTTE, but without adequate security or humanitarian assistance in place.

The spiraling number of enforced disappearances is also cause for alarm. As of mid-May, more than 1,100 people had 'disappeared'. The vast majority of these are Tamils. While the LTTE and other armed groups are responsible for some disappearances, many occurred in government controlled territory and involved government forces, either directly or with their complicity.

Some of the 'disappeared' may be in detention or may have been arrested under newly imposed Emergency Regulations. If so, the government should announce the names of such persons, as well as the charges against them, and the locations at which they are held. Such persons should be detained in accordance with international legal standards, and enjoy all the basic. rights of detainees including for example access to medical care and legal assistance. Based an the pattern of enforced disappearances in Sri Lanka, we believe that many are dead.

Involvement of security forces

On Jaffna peninsula alone, an area of strict military control, the quasi-governmental Human Rights Commission recorded 707 cases of missing persons since December 2005, 492 of whom were still missing as of March 2007. In the vast majority of reported cases, witnesses and family members allege that security forces were involved or implicated in the abductions. Jaffna residents reported 55 abductions over the past three months during curfew hours, when only security forces are on the streets in this heavily militarised region.

We are deeply concerned about the Emergency Regulations that came into effect after the LTTE's assassination of Foreign Minister Lakshman Kadirgamar in August 2005. These vaguely worded regulations allow for the detention of any person "acting in any manner prejudicial to the national security or to the maintenance of public order, or to the maintenance of essential services." The authorities may search, detain for the purpose of a search, and arrest without a warrant any person suspected of an offence under the regulations. Detainees can be held up to 12 months without charge. This is a clear violation of international law, and specifically Sri Lanka's obligations under the international Covenant on Civil and Political Rights (ICCPR, Article 9).

While most people arrested are ethnic Tamil men between the ages of 18 and 40, some arrests expanded beyond the Tamil community. By February 2007, security forces had arrested and detained 11 Sinhalese civilians under the regulations, charging them with supporting the LTTE.

Tough regulations

In December 2006, the government introduced another Emergency Regulation called the Prevention and Prohibition of Terrorism and Specified Terrorist Activities. The broad, sweeping language allows for the criminalisation of a range of peaceful activities that are protected under Sri Lankan and international law. Some of the regulations could be used to justify a crackdown on the media and civil society organisations.

Throughout late 2006 and early 2007, the Sri Lankan government continued its support for the abusive Karuna group. This Tamil armed group split from the LTTE in 2004 and now cooperates with the Sri Lankan military in their common fight against the LTTE. Despite ongoing international scrutiny and criticism, including from the United Nations, the Karuna group has continued to forcibly recruit children for use as soldiers with state complicity. There is now a clear pattern of the state being complicit with or turning a blind eye to abductions, extrajudicial executions, and extortion committed by this group.

As the armed conflict intensifies, the government has taken active steps to silence those who question or criticise its militaristic approach. It has dismissed critics as 'traitors,' 'terrorist sympathizers,' and 'supporters of the LTTE.' And it has used anti-terror legislation to prosecute those with alternative information or critical views.

Press freedom

Freedom of the press has taken a serious blow. Eleven media persons have been killed in Sri Lanka since August 2005, placing the country second after Iraq for media worker deaths worldwide. To date, no one has been convicted for any of the killings.

Tamil journalists work under severe threat from both the LTTE and government forces. The circulation of some Tamil newspapers was unofficially banned in parts of the north and east. In October 2006 and again in January 2007 the Karuna Group blocked the delivery of the newspapers Thinakural, Virakesari and Sudar Oli in Batticaloa and Ampara.

In LTTE areas, media freedom is severely restricted. The LTTE has been implicated in abductions of media workers and the killing of journalists. The LTTE has routinely pressured Tamil journalists and attempted to force Tamil media practitioners to resign from state-owned media.

Disturbing impunity

Impunity for crimes by government security forces, long a problem in Sri Lanka, remains a disturbing norm. As the conflict intensifies and government forces are implicated in a longer list of abuses, from arbitrary arrests and enforced disappearances to war crimes, the government has displayed a clear unwillingness to hold accountable those responsible for serious crimes under Sri Lankan and international law. Government institutions have proven inadequate to deal with the scale and intensity of abuse.

The non-implementation of the Constitution's 17th Amendment which -provides for the establishment of the Constitutional Council to nominate independent members to various government commissions, including the Human Rights Commission, poses a barrier to accountability. Ignoring the amendment, the President has directly appointed commissioners to the bodies that deal with the police, public service, and human rights, thereby placing their independence in doubt.

Special commission

In response to rising domestic and international concerns about human rights violations, in November 2006 the government established a Presidential Commission of Inquiry (Col) to investigate serious cases of human rights violations since August 1, 2005. Instead of an international commission, as many human rights groups had urged, the commission is composed of Sri Lankan members, along with an international group of advisors and observers, called the International Independent Group of Eminent Persons (IIGEP).

The commission is restricted to investigating 16 serious cases of violations, although the mandate allows the commission to add cases to that list. Still, the commission lacks the resources and mandate to investigate the serious offences that continue to take place on a regular basis, such as indiscriminate attacks on civilians, abductions, and political killings.

Second, the commission has no enforcement power, it can only recommend to the government the steps to take. The president is not even required to make the final report public. Third, the absence of an adequate witness protection program endangers those who may step forward to report abuse by the military or police. Fourth, the attorney general's office, which has a direct role in the commission's investigations, has already refused to provide the commission with some requested information, suggesting that the government will impede the commission's work. Finally, the head of the commission is trying to limit the work of the international experts to an observer-only role, which would prohibit them from conducting investigations and speaking with witnesses on their own.

All of these problems suggest that the Commission of Inquiry will have little impact on breaking the climate of impunity in Sri Lanka today. The present government has shown no willingness to seriously address the downward spiraling human rights crisis, and the commission seems more an effort to stave off domestic and international criticism than a sincere attempt to promote accountability and the rule of law.

Important role

Given the Commission of inquiry's shortcomings and the rapid escalation in human rights violations, foreign governments and international organisations have an important role to play. They can and should act to help protect civilians and to promote the rule of law.

In particular, international donors should encourage and pressure the government to take the necessary steps to end abuse. International donors should encourage Sri Lanka to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the United Nations General Assembly on December 20, 2006 and opened for signature on February 6, 2007.

The Sri Lankan government has time and again pledged to the international community and its people that it will protect human rights and promote democracy. And now the donors should hold them to respect that claim.

The international community should work with the government and the LTTE to establish a United Nations human rights monitoring mission to monitor government, LTTE, and Karuna group violations of human rights and international humanitarian law.

Sripathi takes Telecom deal to court

By Kumuthu Amerasingham

Ousted SLFP Minister and Attorney at Law Sripathi Sooriyaarachchi filed a fundamental rights application in the Supreme Court Friday challenging the sale of SLT shares by Japan's NTT to a company established in the Netherlands.

The petition filed in terms of Article 156 of the Constitution also asked the Supreme Court to "direct the Commission to Investigate Allegations of Bribery or Corruption to conduct investigations into the said proposed sale of 25.3% shares of NTT Communications Corporation of Japan held in Sri Lanka Telecom Ltd, and the actions taken by the respondents.

Respondents

Sooriyaarachchi in his petition cites 29 respondents including the Minister of Finance, Minister of Posts, Secretary Defence, Gotabaya Rajapakse, Presidential Secretary Lalith Weeratunga, and Chairman, Bribery Commission.

Sooriyaarachchi who states he first came to know of the deal through the media states, "The petitioner came to know more fully the details set out herein below on or about 27th May 2007, from the media.with shocking disclosures of a highly questionable and surreptitious transaction, with allegations of bribery. A true copy of The Sunday Leader newspaper of 27.05.2007 giving the above disclosure is attached".

According to the petition, following the article in The Sunday Leader, Sooriyaarachchi obtained copies of the PERC report on the NTT sale.

"Upon reading the above, the petitioner was able to obtain copies from parliamentary colleagues of a report dated 16.04.2007 prepared by PERC on the proposed sale of 25.3% of SLT shares belonging to NTT Japan," the petition stated.

Request for leave to proceed

Consequently Sooriyaarachchi applied for leave to proceed and asked the court to hold that the deal was a violation of fundamental rights of all Sri Lankans.

He further asked that the proposed sale of 25.3% of SLT by NTT be declared illegal and and ab-initio, null and void and no force or avail in law.

Sooriyaarachchi also prayed the court to "set aside -the sale of 25.3% shares of Sri Lanka Telecom Ltd. held by NTT Communications Corporation of Japan to Global Telecommunications Holdings NV, or in the alternative to make order that NTT Communications Corporation of Japan give the first option of refusal of the sale/ purchase of the said 25.3% shares held by NTT in Sri Lanka Telecom to the Government of Sri Lanka."

The petition called for an interim order directing the secretary to the cabinet to deliver to court confidentially cabinet memoranda and all other documents connected to the NTT share sale.

Disclose earnings

The petition further prayed that NTT be directed to disclose all earnings it has so far made from Sri Lanka Telecom.

Sooriyaarachchi finally appealed to the Supreme Court to direct relevant authorities to investigate the matter thoroughly and take appropriate measures to halt the deal.

"Direct the Inspector General of Police and the Deputy Inspector General of Police, Criminal Investigation Department to conduct investigations into the said proposed sale of 25.3% shares of NTT Communications Corporation of Japan held in Sri Lanka Telecom Ltd. and the actions taken by the respondents or any other persons, and to take warranted action under the law, particularly in terms of the Public Property Act No. 12 of 1982," and "direct the fourth respondent and the 20th respondent to forward originals of all documents and correspondence pertaining to the proposed sale of the aforesaid 23.5% shares in Sri Lanka Telecom Ltd. to Your Lordships' Court grant for costs; and grant such other and further relief as to Your Lordships' Court shall seem meet," the petition said.

More burdens for Sri Lanka's tax payers

By Dilrukshi Handunnetti

Shedding good financial practice, the top heavy UPFA government is now pushing a series of supplementary estimates to allocate urgent finances for the running of new ministries for which budgetary allocations were not made last December.

During the past week, three supplementary estimates were approved by parliament for three such ministries whereas several weeks ago, two supplementaries were approved.

Following the cabinet reshuffle to accommodate 18 UNP defectors, the SLMC and the CWC, the government created ad hoc portfolios for which budgetary allocations were not made.

The move followed a hasty gazetting of subjects and institutions that has created further chaos, requiring the Treasury to transfer funds coming under one line ministry to another. Further, it required the Treasury to make additional allocations to ensure the new ministries had some funds.

The Ministry of Public Estate Management and Development headed by Milroy Fernando got a sum of Rs. 125.5 million approved for the running of his Ministry.

The estimate, submitted to the House even without the signature of the minister concerned, his deputy or the ministry secretary has only five institutions coming under its purview.

They are the State Development Board, State Plantations Corporation, Elkaduwa Plantations Ltd, Kurunegala Plantations Ltd and Chilaw Plantations Ltd.

The explanatory note submitted states that the Ministry was established as a new ministry in 2007 and provision for the year 2007 under the Appropriation Act No 47 of 2006 has not been made.

Advances

It added that provisions of Rs. 79.8 million or capital expenditure allocated to the Ministry of Plantation Industries has been forwarded and only Rs. 12 million has been allocated as advance from the Contingency Fund to incur the expenses of this new ministry.

Likewise, the Ministry of Construction and Engineering Services headed by Dr. Rajitha Senaratne has moved a supplementary estimate to the tune of Rs. 127.94 million for the functions of his ministry, which is also a new creation.

The explanatory note adds that the amount should be payable out of the Consolidated Fund of the government or any other fund or moneys of or at the disposal of the government or from the proceeds of any loans obtained by the government for the services of the financial year beginning January 1, 2007 and ending on December 31,2007.

No approved spending

It adds that there had been no approved spending head and allocation provided for Construction and Engineering Services Ministry and the Treasury, under a supplementary estimate has allocated Rs. 12 million which now required settlement.

The third supplementary approved last week belonged to the Ministry of Export Development and International Trade coming under the purview of Dr. G. L .Peiris.

In an explanatory note, it is stated that it is a new ministry with no specific financial allocation and that a sum of Rs. 12 million has been allocated from the Contingency Fund of the General Treasury for the new ministry to meet necessary expenditure until a new supplementary estimate is passed in parliament.

It adds that as parliament has already voted a sum of Rs. 750,000,000 to the Sri Lanka Export Development Board (SLEDB) currently functioning under the new ministry, and hence the requirement would be 'merely' for Rs. 99 million.

Approval sought

It further adds that certain subjects and functions that were earlier under the Ministry of Trade, Commerce and Consumer Affairs and Marketing Development now came under the purview of the newly created ministry. "Therefore, action is being taken by the Department of National Budget to transfer a sum of Rs. 7,673,000 allocated to the present Ministry of Trade, Marketing Development, Co-operatives and Consumer Services", seeking approval for a sum of Rs. 92,088,000.

With six more months to go and the December 2006 allocations significantly exhausted, the coming months could pave the way for more and more supplementary estimates a national budget planning takes a backseat over political decision-making.

The uncertainty of life in Weli Oya

By Mandana Ismail Abeywickrema
in Weli Oya

Bunkers outside every house and a siren maintained by the army to warn the people of an impending mortar attack by terrorists. Sounds like a scene out of a war movie, or is it? But this is very much reality for the people of Athawetunuwewa in Weli Oya.

A walk through the village shows many signs of a place under siege. Craters created by mortar explosions, houses damaged by artillery firing, abandoned houses and the fretful eyes of the few villagers we came across spoke loudly of the dangers faced by the people in Athawetunuwewa.

The fear that has gripped the village has taken its toll and it is today a deserted village as the people have fled to Parakramapura in Padaviya. It is now a ghost village with all 361 families who lived there seeking temporary shelter elsewhere.

Walking through the village we came across deserted houses and several villagers who had come back to clean their houses. We were informed that several men from the village made it a point to visit the village every morning to make sure that the houses were in order.

Be careful

Even as we entered the village, we were informed by the security personnel at the checkpoints and even by several villagers of the dangers that could befall us if we were to remain in the village for long.

"It is a risk to go to the village. You never know when the LTTE would start firing mortars, so be careful," several villagers and security personnel said.

However, the sense of uncertainty that prevails in the area was unmistakable making us experience first hand what it is like to live in a border village.

The village has been under the constant threat of the LTTE since it was founded in 1984. The villagers were first forced to leave Athawetunuwewa on July 11, 1999 when the area came under LTTE attack and the terrorists captured  Monarawewa and Gajabapura, two adjoining villages.

Once the security forces established the defence line in Athawetunuwewa, the villagers returned to their homes, but the threat of terrorist attacks loomed large.

It was in this backdrop that the village came under constant mortar attacks by the LTTE. However, it was the attack on May 31 that made the villagers once again  leave their homes.

Security threats

Unable to bear the security threats any further, families in the village made their way to Parakramapura in Padaviya. Last Wednesday (6) most villagers decided to return to their village after a delegation of villagers met President Mahinda Rajapakse at Temple Trees in Colombo.

However, several villagers were still hesitant to leave their temporary shelter at the Elikimbulagala Vidyalaya in Parakramapura. The villagers finally decided that till the defence line was moved forward by the security forces as promised by the President, the villagers would remain in the camp at Elikimbulagala Vidyalaya in Parakramapura.

Nimal Karunathileka, a villager from Athawetunuwewa who is currently living in the camp said "Initially the people decided to return to their homes after the assurance given by the President; but after attacks on the village continued, the people decided to stay back till the defence line is pushed forward."

He also observed that the death of one of the wounded during the May 31 attack has increased the fear in the minds of the villagers as well. M. P. Sugath Marasinghe, a home guard was injured on May 31 and succumbed to his injuries on Tuesday (5). (See box)

Athula Padmasiri from Athawetunuwewa while pointing at a bunker outside a house in the village said, "It is not safe to live here. Every house in the village has a bunker and when the sirens are sounded we have to run to the bunker. We cannot even build our houses due to the prevailing uncertainty."

Run for cover

W. Ariyasena who agreed with Padmasiri observed that the villagers were unable to carry out work in their paddy fields due to the security situation.

"We go to work in our paddy fields and sometimes the LTTE starts firing and we have to leave all our equipment in the field and run for cover. Life is so uncertain," he said.

According to Ariyasena, the ongoing attacks by the LTTE on the defence line adjoining the village started about eight months ago.

Recalling the last time the villagers of Athawetunuwewa were compelled to vacate the village due to an LTTE attack, Ariyasena said, "The last time we had to go to a temporary shelter was in 1999. Ministers who visited us said that they would solve all our issues, but nothing happened. We stayed over an year in the camp."

In 2000, the government had promised to pay compensation to the villagers, but nothing was given to them.

"We did not get the promised compensation. But we returned, as this is our home. Now we cannot work in our paddy fields due to the recent spate of attacks. We have no livelihood. There are no jobs, not even as labourers. The only income generator for families now is for the men to become home guards," Ariyasena said shedding light on the plight of almost every villager in Athawetunuwewa.

Safe from attacks

The solution to all these problems according to Ariyasena is to push the government defence line by another kilometer.

"When that happens, the village will be safe from LTTE attacks," he said.

Amidst the security threats the villagers of Athawetunuwewa also lament about the lack of political leadership and a sense of belonging to any district.

"The administration of the village comes under the Anuradhapura District, but we are in the electoral list of the Vavuniya District. Politicians, who visit the village during elections, vanish soon afterwards. We do not know who exactly is responsible to look into our welfare," they said.

Yet to receive compensation

According to T. B. Jayathileka, a villager from Monarawewa, which is now under the LTTE, the only solution to the present security concerns is to push the defence line forward and for the security forces to regain the villages of Monarawewa and Gajabapura from the LTTE.

"Then the Athawetunuwewa village would be secure," he said.

Jayathileka recalled the LTTE attack in 1999, which resulted in many villagers from Monarawewa and Gajabapura losing their homes.

"That day we left our homes without carrying anything. We only had the clothes we were wearing at the time. Some people went back as they could not live in camps any longer, but others stayed back and tried to build their houses elsewhere," he said.

Jayathileka also pointed out that the villagers were yet to receive any compensation from the government, which promised money at the time. "We were given Rs. 95,000 to build a house and that was it. We had to find ways to survive," he said.

Sitting at the camp, the hope of every family is to return to their homes and live without fear. "Where else can we go? That is our home. At least we hope that our children would be able to live a better life than us," they said with hope. A few feet away, several children oblivious to the fears of their parents, were busy talking of school assignments and the impending grade 5 scholarship exams, which they would have to face in August.

Supreme Court stays further eviction

Operation ethnic cleasing 

By Jamila Najmuddin

The lodge at No. 29, Messenger Street  looks more like a run down building than a guest house.

     It is dark and dimly lit inside. Cardboard sheets divide the Rs. 300 per day, rooms. Urine smell reeks through the hallways, where women squat and wait, and men smoke.

On June 7 morning, police arrived at the lodge and informed the temporary residents that whoever had stayed over two weeks had to leave unless they could prove a valid reason to stay.

Ordered to leave Colombo

Saroja packed her bags and left for the Fort bus stand to catch a bus to Vavuniya. Her daughter is getting married in India and her passport was with the Indian High Commission. But she was not about take a chance by staying.

"There are no buses," she said, returning to the lodge. "I don't know what to do now, whether to go back or stay."

This was the common story at  lodges last week, from Wellawatte to Kochchikade, till the Supreme Court stayed the expulsion of Tamils.  No. 29 in fact fared better, as at some of the other lodges, the pack and go operation gave only a half hour notice.

"Many lodge managers and the remaining tenants complained to us that people were given less than half an hour to pack all their belongings and board the CTB buses that were parked outside these lodges. They were also not told their exact destination - only that the return to their homes was being 'arranged'," a group of rights activists including the Centre for Policy Alternatives and the Free Media Movement told President Mahinda Rajapakse, in  a letter before the stay order was delivered.

Looks belie inner fears

At first glance, 50 year old Sinnathambi may seem to have a radiant look on her face. But the fear which exists inside her can be only explained at the sight of armed forces walking into the lodge she is housed at, to question her and the several Tamils residing in the adjoining rooms. Sinnathambi who is in one of the lodges in Pettah, has been questioned several times by the army, and although she has been asked to go back to Jaffna within a deadline of two weeks, she fears the worst is yet to come.

"I am frightened that I will be harmed. We are not terrorists and we have harmed no one. If we do not come to Colombo to do our work, where will we go? If the government does not want us to come to the city then they should stop fighting in Jaffna and develop it," Sinnathanbhi told The Sunday Leader.

Legitimate reasons

This 50 year old grandmother arrived in Colombo just two weeks ago with her son and daughter-in-law in order to gain visas for her son to travel to England, as he had already obtained a UK work permit last month. Lakshmi, her daughter-in-law who is five months pregnant, says that she too has not been spared as she has been forced to pack her bags and leave for Jaffna within two weeks. "How can I go back to Jaffna where there is a severe food shortage in the area? There is absolutely no aid reaching us. I came with my mother-in-law and husband to Colombo because the security situation in Jaffna is unstable, and I want my husband to go to the UK so that we can raise my child well. Are we to return to Jaffna and starve?" 26 year old Lakshmi cried.

She adds that she is even unable to stay with her parents who have been residing in Colombo for over 15 years, as she did not posses the relevant documents for her stay in the city.

Lakshmi however explained that since the IGP ordered all Tamils back to Jaffna last week, the plight of many Tamils in the city has been pathetic. "Look at the conditions we are forced to live in. We are human too. Every- day the armed forces pack Tamils in trucks and take them away. We too will be taken away like this very soon," Lakshmi said.

Return at a price

She added that although the IGP had pledged to make all arrangements to return the Tamils back to their home towns, they had to pay Rs.2500 to the army for their voyage back to Jaffna. According to Lakshmi, they had been issued orders by the security forces to keep the money ready the day they are taken away, to pay for their bus tickets to Trincomalee, and then for a boat ride to Jaffna. "We can hardly afford to eat and we have to pay Rs.2500 per person. I thought all arrangements were made for us to return," Lakshmi said in despair.

Above the third floor in which Lakshmi's room is located, 23 year old Jegaraj, his 21 year old brother Kumar and their mother Seetha,live. Cramped in one tiny room, Jegaraj's mother produces all the relevant documents which are needed by the German Embassy for a visa. "My husband is in Germany for the past six years and due to the ongoing situation in Sri Lanka, he wants both our sons' to travel to Germany as well. We are from Jaffna and I cannot keep two young sons' in an area where there are so many problems created by both the LTTE and the army," Seetha told The Sunday Leader.

Legitimate documents rejected

Seetha also lives in Jaffna and had arrived in Colombo one and a half weeks ago in order to apply for her sons' visas. "The army came and checked us and I produced all the relevant documents. I also told them that my sons' have an interview at the German embassy this week. But they did not want to see any of my documents and just wanted me and my children to leave as soon as possible. I thought the government said that all those who have a valid reason can stay in Colombo," Seetha said.

The journey to Jaffna is not a comfortable one. It is bus ride to Trincomalee and then  a journey by ship.

Police say no forced expulsion

On the night of June 7, seven buses arrived in Vavuniya, Batticaloa and Trincomalee with those who had to leave Colombo. In the morning, the police had said that there was no forced expulsion, and only those who had agreed to leave were on the buses.

Their overnight stay was at Gamini Vidyalaya in Vavuniya, and there were fears that other large compounds would have to be taken over if more arrived. The stay order by the Supreme Court had put an end to all that for the time being. There will be no more new arrivals but the fate of those who had left remain unlcear. Some of them had started travelling back to Colombo on June 8 evening.

Protests against eviction

As police moved ahead with evicting the Tamils, criticism mounted with human rights groups in the country voicing their opposition to the eviction. Protests were held in Colombo on Friday, a day after Tamil MP T. Maheswaran bared his chest in parliament.

While those staying in lodges live in fear and wake up each day to sounds of security personnel banging on their doors, Tamils living in houses and apartments in the city also have the same fears.

They say that while the evacuation operation on the lodges is now suspended, evacuation operations would begin -  this time evacuating all Tamils in general.

While many say that their only hope now remains in fleeing the country, they would at no cost go back to the north to face torture at the hands of both the LTTE and the security forces.

Tamils live in fear

At a time when abductions are on the rise, Tamils residing in areas such as Dehiwala, Mount Lavinia and Wellawatte, said that it is unsafe for them to even remain in the city, as they feared that they would be amongst those forced into a white van, very soon. "I have been living in Colombo for the past 25 years. I am a doctor and have my own clinic where I see patients every day. It was just last week that I was checked by the army and was forced to present my medical licence because they did not believe me," said Dr. Yogaraj Ganesharatnam. He added, "I very well agree with what the government is doing in raiding the lodges because they have to protect the city. And by doing so I hope the government will catch all the culprits. But just because of one culprit, that does not mean that all Tamils are culprits. We are innocent human beings, just like Muslims, Buddhists and Christians," he charged.

Bleak future for children

Many Tamil residents in the city also fear for their children, claiming that the future looks very bleak for all Tamil residents in Sri Lanka.

Mothers from all ethnic communities said that while forcing innocent Tamils to return to the north was a great injustice, the children are the ones who suffered the most as their education and lives were being disrupted. "The children are our future and we have to realise that they do not deserve to witness the war. Sri Lanka is going back to the period of the late 1980s when many innocent people were harassed and tortured at the hands of the JVP," Aiysha Zubair, a Muslim resident in Wellawatte told The Sunday Leader.

For time being, the macabre comparison with Germany under the Nazis, and  South Africa under apartheid,  have been brought to an end. But the fate of the thousands of Tamils seeking refugee in Colombo rests in the hands of the courts, as their own government deserted them last week.

Media in a stupor

By Bacchus

Ousted SLFP heavy weight Mangala Samaraweera, just last week also evicted from his official residence, was to once snicker that a journalist can be bought with a bottle of arrack. Perchance the new Minister of Tourism Milinda Moragoda was listening at the door.

For no sooner than he took over as Tourism Minister, negotiations of a different and more robust and fortifying kind were taking place between his Ministry and the Sri Lanka Press Institute (SLPI) representing also the Editors Guild and The Sri Lanka Newspaper Society. The intoxicating deal? To set up a Press Club in premises which come within the purview of the Ministry, with a fully equipped bar and restaurant.

Media gets high

Even as Mahinda Rajapakse implemented his ban on liquor and cigarettes and implemented his Mathata Thitha (stop to inebriation) policy a section of journalists were excitedly negotiating a sweet package. Simply put the bar at the press club was to serve foreign and local liquor and cigarettes at a 30%, 22% and 15% mark up respectively.

Mind you a letter by the Director General of the Sri Lanka Press Institute, Ranga Kalansuriya to all the members of the board of management gives an outline of what is on the minds of the great media moguls at a time Sri Lanka is facing its darkest hour, and at a time others including several journalists continue to everyday fight for the right to live, the right to work and the right to have a home.

Clearly wining, dining and carousing has more appeal to some media personnel than the fourth estate's incumbent responsibility to the country and to the people to fight for justice and fair play.

Carousing

This is demonstrated by the cavaliar atmosphere that obviously led to the writing of the letter. The tone of the letter is palpably superficial and uncaring. At one point it says 'This will make the Press Club the cheapest place to drink and eat in the country outside home or when somebody else is paying. (Can't beat the last one)."

Indeed the latter statement in parenthesis the Sri Lanka Press Institute, under which operates the College of Journalism and the Press Complaints Commission, so well maintained by foreign donor funding must understand and appreciate very well.

But according to the letter, the Director General of the Press Institute in writing this letter is only going by a proposal put forward by that one time champion of different causes Waruna Karunatilleke. In fact the day before the letter was sent to the board of management, Kalansooriya wrote:

"Waruna - just check whether I have done justice to your document. If so I will send it to the board tomorrow."

Timing

Be that as it may, it is rather the timing of such an absurdly trivial pursuit rather than the pursuit itself that we take umbrage at.

There is something so tragically comical in the SLPI Director General's assertion in his letter to this august journalistic body which states that The Press Club will sell beer at a 15% mark up to 'encourage people to drink beer-better for the health.' The statement is particularly jocund when one realises that the worst thing for one's health during this despotic regime is to either be a journalist or an NGO volunteer.

This is not to say we do not applaud efforts to set up a dignified Press Club where erudite speakers both international and local are invited to speak perhaps at a weekly luncheon. Where journalists are able to speak freely and bounce ideas off of each other and relax with his/her peers. Where a library could be maintained and journalists can shed themselves of their institutions and become part of a larger fraternity.

 However what is repugnant in today's context where the Government of Mahinda Rajapakse has intimidated a large section of the media into silence if not submission is for the very teachers of media ethics to look to the very government to set up a Press Club with bar facilities to boot. Surely, could not these self appointed media lords do so using their own initiative as in the case of setting up the SLPI with foreign funding? And pray could they not have used their leverage with the Minister at least to push for the media reforms as a first priority? And what does the Media Minister Anura Yapa have to say about a UNP Minister cutting the grass under his feet and invading his domain? Is it the case as seems to be the fashion today for the SLFP members to roll over and allow the UNP defectors to run their show?

But late last month on May 29, while civilians were being forced out of their homes, searched and sent back to a war zone, while journalists were being killed or harassed, while organisations were gathering at locations like the Fort Railway Station and shouting themselves hoarse protesting the culture of impunity and the despotic regime, the Sri Lanka Press Institute had more pressing matters to attend to.

Samaraweera reviled as a media hating hooligan when he uttered his words perhaps looked into a crystal ball and gave his findings that slight cynical exaggeration. But he most certainly gazed into that glass ball.

Buddha Dhamma

Ergo let's reflect a moment on the fact that Minister Milinda Moragoda is a deep follower of the Dhamma. He was recently on the electronic media stating that the best gift Sri Lanka could give the world was the Dhamma. Whether this would have any ramifications on the anti conversion front it is hard to say.

However by and large in the West one's faith or philosophy is one's own business, so a saffron clad preacher teaching the Dhamma and walking the streets of the Bible belt would not perhaps be readily frowned upon.

Not only that Moragoda has recruited Buddhist priests into the Ministry of Tourism as special advisors who would tell him no doubt what to do when the tourist arrival figures take a beating or Zimbabwe and Sierra Leone issue travel advisories against Sri Lanka.

What would these Buddhist priests recruited as his advisors, the Dhamma to which he so clearly adheres, have to say about the alcoholic debauchery of a Press Club situated in premises coming under the purview of the Tourism Ministry?

Minister Moragoda when he crossed over this January took a leaf out of the Rajapakse book. It is certainly not a book one would even allow one's children to read, nevertheless for Moragoda it obviously seemed a good idea at the time.

It was however Mahinda Rajapakse who put a stop to hotels and guest houses serving liquor after 11.30 pm and also made hotel premises smoke free zones to the detriment of the hotel managements. In keeping with his Mathata Thitha concept Rajapakse launched a campaign of bans that many called the kill joy factor while the more discerning knew was also to impact adversely on an already ailing tourism industry.

While some felt that Rajapakse with his mathata thitha not only put a stop to drunkenness but to good ideas the more pressing question for the Tourism Minister with regard to the Press Club, The Sri Lanka Press Institute and it's members including the Editors Guild is this.

Would the Minister be able to countenance the smoking and drinking that is envisaged inside the Press Club situated in his own premises while halting any such activity in the hotels and restaurants that exist on tourism?

Keeping feet dry

And pray what would Mahinda Rajapakse have to say about it all. Moragoda after all is a man who likes to keep his feet dry and on both sides of the divide if he can.

In the final analysis look at it this way.

When George Leigh Mallory, the English mountaineer was asked in the early 1920s why he wished to climb Mount Everest, he is famously to have replied, 'because it is there.'

No longer can a young Tamil woman dazzled by the city lights.  make such reply on why she is in Colombo. It would perhaps earn her a one way bus ticket courtesy the Rajapakse regime to a wasteland somewhere in the east.

No longer can a journalist handle a media accreditation card issued by the Information Department without fear of terrible reprisals and a beating by the defence forces. No longer can one walk along the beaches of this resplendent isle for no other reason than to feel the salty breeze in one's hair.

When did a legitimate government in a civilised society endorse the death of human rights during a time of war. When did the rules of war? and the rule of law lose itself in the politics of blinding hate and blatant racism? Yet, Minister Rajitha Senaratne says the government cannot wage a war while protecting human rights.

Ironically it was Dr. Senaratne who marched in the forefront of the Anti War Front movement calling on the government to respect human rights. But at that time he was still in opposition.

While cutting the first sod of soil at the proposed site of the Hambantota Port, the country's Prime Minister Ratnasiri Wickremanayake said their would be no end to the military operation until the LTTE is wiped out.

And while truth is the first casualty of war there are others for whom lies have become a way of life. Minister Keheliya Rambukwella assured parliament of the government's altruistic motives in merely providing transport to Tamils who volunteered to return to their native places in the north and east.

This country is facing its darkest hour. Yet the Sri Lanka Press Institute has more to worry about. And its 80 percent proof.

The ghost town of Vavuniya

By Mandana Ismail Abeywickrema in Vavuniya

Children playing hide and seek in their gardens are quickly called in by their mothers amidst the loud shelling. The children slowly walk back into their houses with an understanding look.

The sound of shells being fired by the security forces and the LTTE, which commenced last Sunday (3) reverberated through  Vavuniya town, especially among the threatened villages.

The heavy fighting that erupted last week. between the security forces and the LTTE at the Vavuniya forward defence line (FDL) increased the sense of uncertainty among those living in threatened villages.

The loud shelling and the disruption to the power supply to the Vavuniya town prompted people to  close shop and leave  as soon as they could. The Sunday Leader observed that even the fair was not being patronised by people who wished to remain indoors due to the fighting.

At one point the noise of the artillery firing was so loud that it caused the ground to vibrate and the few who remained in the town started to run helter skelter seeking shelter under the nearest  roof.

Tense situation

The main A9 road that leads to Jaffna was closed at Thandikulam, Vavuniya. The security personnel at the checkpoint informed us that they had received orders not to permit anyone to pass through due to the tense situation beyond.

As we stood by the checkpoint, the noise of shelling grew worse and army buffels and trucks carrying soldiers sped past the checkpoint.

We were also cautioned by the security personnel not to travel to any Tamil villages that day due to the evolving situation.

"You are free to go, but it is at your own risk. We would advise you not to go to any of the Tamil villages near the defence line today," they said.

The Vavuniya District is a multi ethnic area where folks from all religions have lived in harmony through out the years.

Unfortunately, the situation today is quite different. Although people still communicate with each other, there is an unseen division between the various ethnic groups.

Irrespective of the ethnicity, the fear and uncertainty in the minds of those in the villages bordering the FDL remain the same.

The Mahakachchakodiya village borders the Vavuniya FDL and M. Mutu Menika's house is the last house in the village and is situated just a few feet away from the FDL.

Started again

Hearing the shellfire, Mutu Menika says without batting an eyelid, "They have started again. It started last night. We only pray that all this would end soon."

Mutu Menika's grand children are forced to play indoors that day due to the artillery firing taking place outside. This according to the villagers is the plight of all the children in border villages.

H. M. Sudharma however was thankful for the security provided for them by the security forces. "Although there is much uncertainty prevailing, it is the presence of the security personnel that give us the strength to remain in the village," she said.

However Sudharma lamented that the families in the village were left with no proper livelihood or means of income.

Farmers living in villages near the FDL in Vavuniya keep lamenting the loss of their paddy land.

Over 500 acres of paddy land have been lost as they are now beyond the FDL in Mahakachchakodiya, Vavuniya.

Some of the people in this village bordering the FDL have left for other 'safer' destinations.

Mutu Menika did not have any worries about her security, at least for the time being, as her house was also in close proximity to an army camp.

However, she too lamented the loss of paddy land.

Become home guards

"My family have been farmers, but now we have no way to cultivate paddy as our lands are beyond the FDL. The boys are now left with no option but to become home guards," she said.

According to farmers in the village, many efforts were made to work out an arrangement where the farmers could cultivate their lands. However, none of them were successful.

"LTTE's Elilan, who is now in Trincomalee also came here and we made representations to him and we went with him to show our land, but at the end of it he did not agree to give the land back to us," the farmers said.

Now left with no means of generating an income,the men in Mahakachchakodiya have become home guards as a means to generate an income.

Apart from Mahakachchakodiya, many villagers in the  threatened villages have now decided to agitate for increased security. People of several villages recently held a protest requesting  additional security and calling on the authorities to address their grievances. (See box)

The uncertainty that prevails in the island has also resulted in a growing suspicion between the Tamils and the Sinhalese in Vavuniya.

People in the threatened villages say that if the present situation does not improve, they would be forced to leave Vavuniya in search of safer abodes, leaving most parts of Vavuniya deserted and further widening the gap that is slowly emerging between the two main communities.

British Govt's damning report card on Sri Lanka

Forces complicit in child recruitment by paramilitaries

SLFP proposals seen across the political/ethnic spectrum as inadequate

UK is concerned about growing impunity

Early signs from the Commission of Inquiry and IIGEP are not encouraging

A growing case for introducing international human rights monitors to SL

 There have been 50+ abductions in and around Colombo over the previous year

The British Government in a devastating note to its members in the European Parliament has focused attention on the situation in Sri Lanka. The note raises serious concern over the deteriorating security situation in Sri Lanka and the serious erosion of human rights. The note also states that British Prime Minister Tony Blair has written to President Mahinda Rajapakse, outlining the British Government's concern over the situation in Sri Lanka. We reproduce below the briefing note to the British MEPs.

1. The UK is a close friend of Sri Lanka, we value our wide-ranging ties, and we would like to see Sri Lankans themselves achieve a negotiated settlement that satisfies legitimate aspirations of all communities. We hope that the All-Party Conference will present a way forward. We stand ready to help.

2. The UK's high level engagement on Sri Lanka continues. The Prime Minister has written to President Rajapakse with the key messages of

  -   The war is unwinnable;

  -  The need to win hearts and minds and ensure protection of human rights; and that it is

  -  Vital to have a credible constitutional framework.

3. The Rt. Hon. Paul Murphy hopes to visit in July to share the UK's experience of the Northern Ireland peace process and devolution. The Rt. Hon. Kim Howells hopes to visit in June. We stress to partners that they are not peace envoys. We are in close contact with the Norwegian facilitators of the peace process, and they support our efforts. We remain, committed, and ready to talk to the LTTE.

4. The UK continues to express deep concern to the government about their military action to defeat the LTTE, which brings an immense human cost, damages Sri Lanka's international standing; and ultimately will not work. The Defence Secretary (Rajapakse's brother) continues to talk publicly of needing two to three years to finish off the LTTE. Both sides need to do more to ensure that the civilian population is protected better, through the supply of essential supplies, access for humanitarian agencies and by avoiding causing civilian casualties. The forced return-of internally displaced persons, and extra judicial killings by security forces is not acceptable. Sri Lanka's standing in the international community is being seriously damaged.

5. The UK has also expressed concern at reports that Government of Sri Lanka forces have been complicit in child recruitment by paramilitaries (operating in the east). This has been an issue where HMG and Government of Sri Lanka have for many years joined forces in publicly condemning the LTTE. It is imperative that the government takes immediate steps to stop child recruitment by paramilitaries in areas it controls access to.

6. The capacity of Sri Lanka's domestic human rights mechanisms has to be strengthened. The Constitutional Council needs to be appointed legally so it can fulfill its role of ensuring independence in key institutions such as the police, judiciary and human rights.

7. The UK supports the work of the All-Party Committee (APC) on a devolution offer. International partners, including India, are concerned that Sri Lanka Freedom Party's (SLFP) initial proposals fell short of expectations. The UK hopes the final devolution offer will be bold and credible, and provide a good basis for dialogue between all communities.

8. Shortly after his election in late 2005, President Rajapakse tasked an All Party Committee (APC) with producing framework for an overall political settlement, effectively an offer on devolution of the southern polity that the government could endorse and put to the LTTE.

9. On 1 May 2007, the President's SLFP party offered proposals to the APC that were seen across the political ethnic spectrum as inadequate, and in no way a basis for a credible offer to the Tamils. The Indians have made clear their displeasure. The government has stressed however that the SLFP proposal is not final and that proposals from all the parties would be open for discussion at the All Party Representative Committee (APRC). We expect the APC to take another couple of months at least to- arrive at its consensus offer.

10. In September 2006, following international alarm over the deaths of 17 local employees of the French NGO Action Contre la Faim in Muttur, the government announced it would hold a Presidential Commission to investigate the 12 most high profile human rights cases. An International Independent Group of Eminent Persons (IIGEP) was established to oversee the process. In December 2006, the UK nominated Sir Nigel Rodley to the IIGEP.

11. The UK is concerned about growing impunity, despite the establishment of the President's Commission of Inquiry. We believe IIGEP can play a useful role, but it has a narrow remit to tackle only past human rights violations. The IIGEP is not a human rights panacea. Early signs from the Commission of Inquiry and IIGEP are not encouraging, the process is too slow, the Attorney General's Department role undermines the commission's independence and there is inadequate witness protection. The Commission of Inquiry cannot be used as a reason to avoid addressing current human rights abuses. With on-going human rights violations, and an ineffectual Commission of Inquiry and Sri Lankan Monitoring Mission, there is a growing case for introducing international human rights monitors to Sri Lanka.

12. An EU text for a UN Human Rights Council resolution on Sri Lanka has been on the table at HRC since the third session last autumn. As Sri Lanka currently has the Chair of the Asia Group, influencing voting in that group, they have so far managed to prevent the resolution from being tabled. The fifth session of the HRC in June will have little time for country specific issues. In the likely event that the situation in Sri Lanka continues to deteriorate, support for the resolution may increase. Various NGO groups are lobbying for an EU-US, and possibly India co-sponsored resolution.

13. Despite NGO pressure, the Government of Sri Lanka strongly contests any notion of an international human rights monitoring mission. There appears little prospect of a change of position. An international attempt to push for a UN-led mission seems likely. It would probably see Sri Lanka retreat to the hard line group of the like-minded. It is not clear who might lead such an effort.

14. The UK's payment of the œ41m post tsunami assistance to Sri Lanka is subject to condition that government would not:

  - Instigate hostilities;

  - Have an unjustifiable increase its military spending;

  - Be in significant violation of international obligations; and

  - Have a breakdown in the GoSL's accountability systems.

15. Earlier this year the Rt. Hon. Hilary wrote to GoSL asking what measures were to be taken to ensure that these conditions would be met, but did not receive a satisfactory response. Following discussions between officials and ministers in DFID and FCO as well as No 10, we have decided to release half of the funds. A decision on payment of the rest is subject to consultation with GoSL over our concerns about continuing hostilities, rise in military expenditure, and the human rights situation.

16. At the Sri Lanka May 2, Adjournment debate, Mr. Keith Vaz, MP, announced an initiative to establish an all-party parliamentary group for Tamils. He also announced that he would hold a peace conference in London with the President, the LTTE and the Norwegians. Subsequently, all three parties expressed surprise at -this announcement. We have been responding to -enquiries on this by referring to the Ministers' speeches and pointing out that this is a personal initiative of  Mr. Vaz, and that his comments do not represent UK policy.

NGO concerns and statistics

There are 100,000+ displaced persons in Batticaloa in the east. They face threats of violence and abductions by the LTTE and pro-government armed groups. Some displaced persons have been returned to Vaharai against their will.

 The Karuna Group abducts and uses children as soldiers, with complicity of the Sri Lankan forces. Armed Karuna cadres roam the streets in Batticaloa District in sight of/alongside security forces.

 There are 700+ recorded cases of missing persons in the Jaffna peninsular since December 2005. There have been 50+ abductions in and around Colombo over the previous year.

 Emergency regulations give security forces wide powers of search, seizure of property, arrests without warrants and unacknowledged detention of individuals for up to 12 months.

 There has been an increase in anonymous death threats against NGO workers (in 2006 according to OCHA).

 Recently nine NGO workers died, and no one was charged. There has been Karuna Group death threats to some distributors of Tamil-language newspapers.

 There are over 600,000 internally displaced people (IDPs) in Sri Lanka created by the current fighting, the tsunami and legacy IDPs from the 1980s and 1990s. Over 300,000 have been created in the last year, causing pressure on delivery systems. Numbers spike and decline as fighting moves. Threats to people's safety, human rights violations, widespread displacement and the destruction of livelihoods contribute to the humanitarian situation. A major concern is the diminishing humanitarian space as fighting intensifies and attitudes harden towards humanitarian agencies. There are frequent reports of forced displacement, abductions and targeted killings. The humanitarian co-ordination system, led by the UN, is characterised by systems and forums developed during the co-operative period of immediate response to the Asian tsunami.

The Dulles-Rajitha alliance that has rocked the SLFP

Local politics have on many occasions brought into the open individuals who are rank political opportunists but show to the public the most innocent face.

One such character is now emerging fast within the SLFP. It is none other than Minister Dulles Alahapperuma. The other who has become an apologist for the government is the one time champion of human rights, and anti-corruption, Rajitha Senaratne.

However, Alahapperuma's antics are well known by those in his constituency in Kamburupitiya, Matara.

According to the people of Matara, Alahapperuma 'gracefully' bowed out from politics in 2000 under the guise of being a principled politician who could no longer function in the government, simply because he foresaw that the people of his constituency were planning to vote him out at the next election.

He then left politics saying he would only return once a pious government, which is not corrupt is voted into power.

Alahapperuma then migrated to the US. However, when President Mahinda Rajapakse was sworn in as prime minister, Alahapperuma made several visits to Sri Lanka. During his visits to the island, Alahapperuma made sure that he met Rajapakse.

It was only when Rajapakse was named as the SLFP presidential candidate that Alahapperuma decided to lengthen the duration of his visits to Sri Lanka. From then on, Alahapperuma played a key role in Rajapakse's election campaign.

Till Rajapakse won the election in 2005, Alahapperuma always said he would leave for the US once he ensured Rajapakse's victory. However, soon after Rajapakse assumed office as President, Alahapperuma was made a national list MP in parliament.

In order to obtain the position, Alahapperuma kept feeding misleading information to Rajapakse. "Mahinda Aiya, you do not have anyone in the SLFP. Everyone inside are either Mrs. Bandaranaike's or Chandrika's. So the first thing you need to do is to put your team inside the party and the parliamentary group and consolidate your power," he said.

First split

It was the constant repetition of these words that caused the first split between Rajapakse and former President Chandrika Kumaratunga.

After appointing Alahappe-ruma as a national list MP, the President inquired from him if he wanted a portfolio. Alahapperuma however said he would prefer to sit as a backbencher for some time before taking up a portfolio. Although he did not hold a portfolio, Alahapperuma already had the privilege of occupying an office at Temple Trees.

Since being appointed as a national list MP, Alahapperuma started to chant a new mantra. That there was no one supportive of Rajapakse in the cabinet.

Alahapperuma's plan worked perfectly and a few months later, the backbencher parachuted into the cabinet while ousting Ministers Mangala Samaraweera and Sripathi Sooriyaarachchi from their portfolios and taking over the Transport Ministry from senior SLFP Minister A. H. M. Fowzie.

Even after being sworn in as a minister, Alahapperuma continued to change his mantra. "Mahinda Aiya, you have no say in the party headquarters. Maithripala Sirisena has no idea on how to manage the party. Therefore, the power of the party headquarters has to be taken over by you gradually," he said.

The President who called a party convention took steps to make several key changes within the party. Alahapperuma also ensured that he too was appointed to a post in the party.

However, every word uttered by Alahapperuma reached the ears of Sirisena, who in turn decided to meet fire with fire.

Amidst all this, Alahapperuma, sent a strong message to Sirisena, which caught him unawares.

It was the controversy surrounding Samaraweera and Sooriyaarachchi that Alahappe-ruma used to get back at Sirisena.

Disciplinary action

Soon after the breakdown in talks between the President and Samaraweera, which was brokered by Western Province Governor, Alavi Moulana, Samaraweera decided not to accept a portfolio and join the government. The President then discussed the matter with Alahapperuma and his brothers and decided that  disciplinary action should be instituted against Samaraweera by the party.

Sirisena, who was unaware of this decision, only learnt of it when he arrived at the party headquarters where he was asked to sign a letter calling for explanation from Samaraweera.

Sirisena who was expected to sign the letter, was annoyed for several reasons. First among them was that being the party secretary he was not informed of such action. Secondly, he was annoyed that even after arriving at such a decision, he was not kept informed about it until the letter was sent for his signature.

Sirisena also knew that the continuance of the clashes between the Samaraweera-Sooriyaarachchi duo and the government would be detrimental to the government's stability and the President as well.

After considering all this, Sirisena decided not to sign the letter till he found out the story behind the letter. He immediately inquired as to who decided on issuing the letter.

It was then that Sirisena found out much to his annoyance that the decision was arrived at by the President after a discussion with Alahapperuma and several others the night before at Temple Trees.

Finally Sirisena signed the letter. Although he signed the letter, he requested the officials at the party headquarters to delay posting the letter till he spoke directly with the President on the issue. However, the President's media unit acted swiftly and released a story to the private media that Sirisena had signed a letter calling for an explanation from Samaraweera.

As soon as the news item was published, SLFPers started to find fault with Sirisena. The SLFPers charged that instead of trying to find ways to sort the matter, Sirisena was trying to aggravate the situation and further deepen the split within the SLFP.

A few days later, the same media unit released another story. This time the story was that Alahapperuma had stopped the letter signed by Sirisena from being posted to Samaraweera and that he had also requested Moulana to try to resume the dialogue between the President and Samaraweera.

This move resulted in Alahapperuma becoming the new hero in the party and also showed Sirisena that a new power was emerging within the party.

However, Sirisena also wanted to show that he too was no fool. Sirisena took steps to publish articles in newspapers about the conspiracy behind the letter and he also sent out word that the letter was not his doing.

Mastermind

Sirisena also made it a point to tell several SLFPers who called him inquiring after the whole issue that it was Alahapperuma who was behind the letter and it was he who had once again misled the President.

Sirisena, who managed to escape Alahapperuma's trap decided to keep a much closer watch on him to prevent such incidents from happening in the future.

When allocating portfolios for ministers, the President inquired from Alahapperuma if he wished to become media minister and control the state media. A shrewd politician, Alahapperuma declined the offer, as he knew well that trying to whitewash the Rajapakses through state media would be detrimental to his political future.

However, after becoming Transport Minister, Alahapperuma wanted to take charge of the state media as well.

He then started to recite a new mantra. "There is no use of the state media. All what Anura Priyadarshana does is watch DVDs at home. He has no plan as to how the state media should be managed. When the opposition attacks the President and his brothers, Anura Priyadarshana has not put in place a mechanism to respond to them," Alahapperuma said.

The mantra worked and the President wanted to speak against Anura Priyadarshana Yapa either at the cabinet or parliamentary group meeting. Rajapakse called on Alahapperuma to take up the matter.

Alahapperuma decided to use the help of one of the UNP defectors - Minister Rajitha Senaratne. Since defecting to the government, Senaratne has been in close contact with Alahapperuma as the UNP defector knew well that people of the caliber of Alahapperuma were important for his survival in government.

Senaratne and Alahapperuma held several rounds of discussions. The outcome of the discussions was witnessed at the convention held by the UNP defectors in Maharagama last week.

Addressing the gathering, Senaratne said that most members of the government worked against the President during the election campaign and that the 17 UNP MPs who defected to the government hold the future of the government.

Although Senaratne's words created quite a controversy among government ministers, it was a statement the President had always wanted said in public.

And the first action on Alahapperuma's latest mantra was taken by the President at the special cabinet meeting summoned last Monday to discuss the rising cost of living.

At the cabinet meeting, Senaratne said the state media did not give enough publicity to everything that has been done by the President and the government for the masses. Not stopping at that, Senaratne said that it is the inaction of the state media that has made people believe the accusations leveled against the President and his brothers by the opposition.

Yapa helpless

The President, who usually laughs down Senaratne, did not do so this time and allowed him to speak uninterrupted.

"We need to have a good plan. The state media has to strategically respond to these allegations, but it does not happen now," Senaratne said.

Yapa, who was helpless at the time, tried to defend the state media. The President did not support Yapa and decided to side with Senaratne.

Yapa was immediately asked to draw up a plan to protect the government through the state media.

It took two days for Yapa to find out the real story behind the comments made by Senaratne. That was when Senaratne and Alahapperuma started to give Yapa names of people to be taken into programmes conducted by the state media and the kind of programmes that should be produced by them as well.  Some of the names received by Yapa to be invited for the talk shows include Kingsley Rodrigo, Kumar Rupesinghe, Rivira Editor Upali Tennakoon, Sunday Lankadeepa Editor Ariyaratne Dombagah-awatte and Ravaya Editor Victor Ivan.

It was also proposed that the message to be sent to the public through these programmes should be the decline in the number of human rights violation cases and corrupt deals. 

Tiran's lament to Ranil on Mahinda's gratitude

Former Chairman, Civil Aviation Authority and owner of Standard Newspapers, Tiran Alles, who played a key role in President Mahinda Rajapakse's election campaign, is now in police custody.

Rajapakse himself admitted soon after the election that it was Alles' contribution to the campaign that secured his victory.

Alles celebrated his 47th birthday in police custody last Sunday (3). Opposition Leader Ranil Wickremesinghe and UNP MP Ravi Karunanayake visited Alles in hospital.

There was another visitor at the hospital when Wickremesinghe and Karunanayake made their way to the hospital. It was Udaya Gammanpila from the JHU.

As soon as Wickremesinghe and Karunanayake made their way to Alles' room, Gammanpila tried to walk out.

"Where are you going? There are no political differences here," Wickremesinghe told Gammanpila.

Gammanpila stayed back and Wickremesinghe started to speak to Alles.

"Tiran are these statements you have made about the LTTE true?" Wickremesinghe asked Alles.

"Yes, but I have only spoken a little," Alles said.

"Why Tiran are you the only one here? Basil should also be here," Wickremesinghe said.

Alles gave a lengthy response to the comment. He said that apart from Basil, P. B. Jayasundera and Lalith Weeratunga, the President too had called him in June 2006 and inquired into the well-being of Emil Kanthan.

Wickremesinghe asked once more as to why Alles was taken into custody. "For having transactions with Emil Kanthan," Alles said.

It was an emotional moment for Alles and the room was silent for a moment till Karunanayake spoke up.

"Is this your Dharmarajjya Udaya?" Karunanayake asked. Gammanpila smiled but refrained from answering.

"If we are treated like this, then imagine how the others would be treated. I have said a lot in my statement. I will only sign it if everything I have said is in it," Alles told Wickremesinghe.

Not stopping at that, Alles made a moving statement to Wickremesinghe.

"We who formed the government are here and those who attacked the government are now inside," Alles said.

They then discussed many issues including the violation of human rights and media freedom. Gammanpila then left to participate at a bodhi pooja held to invoke blessings on Alles.

When Alles spoke of the government and its actions that have caused much concern among the people, Wickremesinghe said, "Why do you say that? This is a government brought to power by you."

"Yes, that is true and we are paying for that sin," Alles said.

It is after this meeting that Wickremesinghe went public with the call to arrest Basil Rajapakse, Lalith Weeratunga and P.B. Jayasundera.

Fuel rationing and the losing battle over the cost of living

Last Monday (4), was one of the busiest days in the life of President Mahinda Rajapakse.

The meetings, which began at 10 a.m., including a special cabinet meeting to discuss the rising cost of living, ended only at 9 p.m.

Before the cabinet meeting, the parliamentary group met at Temple Trees. At the meeting, the President highlighted the lethargic attitude of the government ministers and MPs.

Rajapakse charged that the inaction of government ministers whenever the UNP and the JVP leveled various accusations at the government gave the impression that they too endorsed the statements made by the opposition.

The President also charged that many ministers did not support him during the last presidential election campaign, but that he had put all that aside.

On the attack

Rajapakse then said that the UNP and the JVP were gearing up to attack the government in parliament and added that it was the responsibility of the government MPs and the ministers to retaliate and protect the government.

It was then decided at the parliamentary group meeting that from now on the government group would be on the offensive and retaliate whenever the opposition leveled any accusations against the government or the President.

The next in line was the special cabinet meeting. Apart from the cabinet ministers, several officials from state institutions were also present.

The first issue to be discussed was that of fuel prices. Petroleum Minister A. H. M. Fowzie observed that if the petroleum prices were not increased the losses incurred by the CPC would keep increasing.

However, the other ministers objected saying such a move would result in the increase in price of essential items.

Fowzie and CPC Chairman Asantha de Mel at the outset of the meeting said the fuel prices have to be increased. Treasury Secretary P. B. Jayasundera who agreed on the price hike said there was little space for any price controlling mechanism. Jayasundera who explained the various mechanisms also noted that Sri Lanka recorded a very high level of fuel consumption.

Reducing consumption

Jayasundera proposed that the best mode of action to be adopted is to introduce ways of reducing fuel consumption in the country.

It was then discussed how to reduce fuel consumption in the country. The President observed that even in Iran, an oil producing country, fuel was rationed to the people.

"As far as I know, an oil litre there in our currency would cost Rs. 11. In Iran, only a certain amount is released for Rs. 11. If you want to purchase more, you have to pay more as well. I believe such a scheme of rationing would be appropriate for our country as well," Rajapakse said.

Minister Bandula Gunewardena observed that the only option was to use some mechanism to reduce the fuel consumption, as increasing fuel prices would have a cascading effect on consumer items as well. He further said that although it was a difficult move, that was the only option left.

"I asked for a fuel price hike after taking into consideration the real situation. There is no personal gain for me in it. If I make this statement, the political disadvantage is for me. But if the government can do something like this it is good. It would be even better if the Treasury too can help. But the CPC would not be able to bear the losses," Fowzie said.

There was no final solution at the end of the discussion and the President appointed a special team to present to the cabinet a full report on the fuel prices within two weeks.

Rations

It was also requested for the committee to look at ways to ration fuel in the country as well.

The next to be discussed was the rising cost of living.

The President said that he was aware of the disgruntled public who were finding fault with him for the situation.

It is Gunewardena who took charge of the matter and he started to explain everything in detail. Unable to bear more, another minister said, "Mr. Minister, we see these statistics on TV and in papers. The people say these are lies. They are right. No one can buy goods for the prices you have mentioned. So don't try to solve the problem by speaking of statistics."

"Yes, you are right. Most of the times, goods cannot be purchased for these prices. But I too find it difficult to do this. When we keep saying the prices of goods have gone down through TV and newspapers, the people tend to believe it. Then even if they buy at a higher rate, they think it is less. That is why I always speak of prices," Gunewardena said.

Gunawardena's plan

The other ministers laughed, but Gunewardena did not stop. He continued to read out the 'plan' to reduce the prices of consumer goods. "The problem is the go-between. If we can look at a way to eliminate him we can reduce prices," he said.

Citing an example, Gunewardena said that when a ship carrying flour reaches the port, the flour is first sent to Pettah. "The importer then keeps a margin and gets another man to distribute it around the island. The man who purchases flour from the trader in Pettah, keeps a margin and sells it around the island. What we need to do is to make sure those goods that are to be sent outstation should leave for the destinations from the Colombo port itself. Then there won't be a middleman and the prices would be less. The only problem then would be to release the controlled price for each district," he explained.

Another minister then inquired if the new theory would mean different prices for different districts. "Yes, that is right, but the prices of goods will be less," Gunewardena said.

The cabinet meeting ended there with the President nodding approval at Gunewardena's latest theory.

Destination: Dreamland?

Is Sri Lanka heading to Slumberland?

Airports anywhere in the world are a hive of activity come day or night. Infact, disembark at any international airport and one finds it difficult to fathom whether it is night or day.  But when it comes to our very own Bandaranaike International Airport, come nightfall and it is destination Slumberland for all. How symbolic is this of the  state of affairs of our economy and our prosperity!

While the Bandarnaike International Airport remains closed at night due to the 'security situation' there seems to be no reason for those at the airport and at the duty free shops to be awake and alert. Thus, come nightfall and comes the  innocent sleep.

So, will this habit-forming night-time sleep be it at home or work continue into the future? Will it continue at a time when the airport will open at night-time and flights and tourists will come back here again come sun or moon?

But on the other hand, is there a future for Sri Lanka? If so where? Is it in dreamland? Or will the living nightmare continue, as the whole nation sleeps. 

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