CJ does it again

Supreme Court cushions
shock therapy

In the latest of a series of landmark judgements by the highest court in the land, domestic electricity users were, last Wednesday, relieved of the CEB's phenomenal tariffs imposed in March.

A three judge bench of the Supreme Court led by Chief Justice Sarath N. Silva and including Justices K. Sripavan and P.A. Ratnayake quashed the CEB's current tariff structure, ordering the board to present a new pricing regime from November 1, 2008.

In a time where the cost of living is increasing every day and offering little relent, the Supreme Court has delivered the public its first significant tariff decrease for a utility in the life of the UPFA administration.

The new pricing structure has done away with the arbitrary 30% fuel surcharge and allows consumers to be charged at lower rates for the first units of electricity that they consume in a billing period.

What will come as a surprise is that the method of calculation endorsed and ordered by the Supreme Court brings the greatest relief to consumers who use around 100-110 units, who will see their bills drop by as much as 40% from their current rates.

Using the old system a person whose bill formerly was  Rs.1,500 (using 108.45 units of electricity) would now pay only Rs.919 per month, a saving of Rs.580.

Consumers benefit

Savings for consumers who use more electricity are slightly more modest but all groups who use more than 90 units of electricity (over 1 million households according to CEB statistics) would benefit from a reduction of at least 25% in their monthly bills.

At the lowest end, even consumers who use between 30 to 90 units of electricity - around 1.7 million households by CEB records - would save 5% to 10% on their bills under the Supreme Court ordered pricing structure.

The new structure will also have a massive impact on middle class households using over 120 units of electricity. Households in the 200 unit consumption range are currently paying bills of around Rs.4,000 per month to the CEB. Their bills, after being reduced by 34% under the Supreme Court tariff structure would drop to around Rs.2,600 - translating into a saving of nearly Rs.1,400 per month.

The few mega-consumers of 1,000 or more units will also note a huge drop in their bills. A 1,000 unit consumer household, now paying Rs.35,500 per month would have to pay Rs.24,600 with the new tariff and would thus save nearly Rs.11,000 per month.

While the biggest winners are those in the 110 unit consumption range, there is a comparable sweet spot for consumers of around 700 units of electricity. These users, who now pay around Rs.25,750 will see their bills drop by nearly 40% down to Rs.15,600 rupees, and they will save Rs.10,000 per month thanks to the prudence of the Supreme Court.

Hushed up

The tables and charts on this page provide a more detailed illustration of the savings for various groups of electricity users but there is no gainsaying that once again the Supreme Court has come to the rescue of a beleaguered public, this time by easing the pocket book.

Apart from restoring the tariff system to the old block system, the Supreme Court did away with the most ridiculous part of the current tariff, the 30% fuel surcharge. It was brought into effect in small print, not only hushed up in government announcements, but also buried in page 11 of the 12-page Gazette notification for the prices published on March 15.

According to the Gazette, the 30% charge on all consumption was meant to "recover some of the expenses incurred on account of fuel in the generation of electricity with the use of petroleum fuel."

This was a convenient excuse at the time, before oil prices peaked at nearly US$147 a barrel. Oil prices have since almost halved (Brent crude oil was selling at below $63 per barrel as of Friday) and yet CEB did not remove or even reduce the fuel surcharge.

This would not have even required a new Gazette, since the one in March clearly stated that the rate of the CEB fuel surcharge "will be adjusted monthly at the discretion of the General Manager, Ceylon Electricity Board" - likely with the intention of increasing the charge at some point!

Sri Lanka's electricity production and consumption costs are among the highest in Asia and this has been largely attributed to poor management and rampant corruption within the CEB.

The government sought in March to make up for these failings by squeezing the necks of consumers to cushion CEB and its own pocketbook from the sins of public officials. The Supreme Court judgement will severely slash the income of CEB, and has made no allowance to allow the Electricity Board to maintain its income by taxing the public.

CEB will have to look inwards in its attempts to make ends meet.

The Supreme Court has once again come to the rescue of the people, and not on an issue of convenience such as sound pollution or roadblocks, but down to what matters most in these days of runaway double digit inflation: the pocketbook.

Melamine scam and its implications

The recent controversy regarding products containing melamine being freely available in the market has now gone from laboratories to the courts with companies fighting for their right to have products on the shelves and rejecting claims that their products are melamine contaminated.

The market vs health authorities battle took a new turn on Friday with the Colombo High Court issuing a stay order against the Colombo Magistrate Court's ruling on Edna Group until October 28. Court also ordered fresh samples of Edna products to be tested for traces of melamine.

This order was received when the Edna Group filed an application on Friday at the High Court of Colombo challenging an order issued against them by the Colombo Magistrate.

The magisterial order on the same day stated that Edna products should come off the shelves.

The prohibition order more specifically said the production distribution and sale of Edna products should be suspended forthwith. It also ordered that stocks should be collected and destroyed under the supervision of the Consumer Affairs Authority (CAA).

Ministry bans

As consumers the world over began worrying over the Chinese made food products for possibly containing melamine - an industrial chemical, the Health Ministry banned some 60 items based on an international list that identified various products that were contaminated with melamine.  

The contamination of Sri Lankan products came to light on October 13 when the Swiss Health Ministry announced the suspension of the sale of three Chinese-made food products containing traces of melamine. They were careful to stress the fact that there was no grave risk to public health despite traces of melamine being discovered.

As Switzerland acknowledged traces of melamine being received in two types of biscuits and a caramel sweet, in a separate statement, the Swiss authorities identified the three products as White Rabbit sweets from China, Milk Cookies S&P from Thailand, and Munchee Lemon Puff biscuits from Sri Lanka.

Sales of White Rabbit's milk-flavoured sweets was stopped in China when melamine was discovered, the chemical being allegedly added to Chinese milk to make its protein content appear higher.

The Swiss Health Ministry claimed that the levels of melamine in the products would only pose a danger to children aged up to three years "if they consumed more than one kilogramme of the biscuits every day for a long period," and that there was no danger for adults.

"However, this contamination with melamine is still not to be tolerated, and the products concerned will be immediately taken off the shelves," the statement added.

In other reports, it has now come to light that tainted milk has killed at least four children and sickened 53,000 in China with growing awareness of the country's vulnerability to food adulteration and lack of standards and corporate accountability.

Implicated

Other players too have been implicated in the growing global scandal with multinational companies such as Unilever having to recall milk powder after finding melamine in its Lipton tea products, Cadbury ordering back all mainland China-made chocolate products and Heinz recalling baby food that were already on the shelves the world over.

However, it was not the common commercial uses of melamine (there are many) or the recent scandal that caused melamine to become a central topic of discussion. The topic emerged with a scandalous series of pet food adulteration in the Untied States. 

Last year, when veterinary scientists determined melamine to be the cause of hundreds of pet deaths, the US authorities woke up to the reality that melamine was the potential cause of pet food contamination. Prior to these reports, melamine had been regarded as non-toxic or minimally toxic.

However, because of the unexplained presence of melamine in wheat gluten added to mass-produced dog and cat food, melamine was considered the most possible cause. Pet owners reported symptoms that are commonly associated with renal failure.

The pet death issue was followed by reports of milk food contamination in China that allegedly caused deaths of infants that made the world to put Chinese milk food products under the microscope.

With the new scandal coming to light, a Sri Lankan biscuit maker, Ceylon Biscuits Limited, the manufacturer of Munchee, too got identified as having sold products containing melamine. But subsequently, the Health Ministry had declared that Munchee Lemon Puff biscuits are safe to eat.

A scientific report prepared by the Health Ministry on the product was released indicating that Munchee Lemon Puff has been removed from the list of food products that are banned as the country was seized by a melamine scare.

The statement added that  Singapore's Health Science Authority lab had tested Munchee Lemon Puff biscuits and found it free of melamine.

Ceylon Biscuits had earlier temporarily withdrawn the product to reassure customers, though the company does not use any Chinese milk ingredients.

Investigations continue

In the meantime, Sri Lanka on October 18 banned the sale of 60 local and imported food products on fears they may be tainted with melamine, as a precautionary measure.

The products include milk powder and those using milk as an ingredient such as chocolate and biscuits.

Authorities are currently investigating the possibility of contaminated Chinese milk powder being used in other products in Sri Lanka such as biscuits and chocolates.

A week ago, chocolate manufacturing company Edna was ordered by courts to halt chocolate sales, pending an inquiry by the Consumer Airfares Authority (CAA) into the use of Chinese milk.

Many countries have pulled melamine-contaminated sweets and drinks from supermarket shelves amid the widening scandal over Chinese milk products tainted with the toxic chemical.

Melamine, which is usually used for making plastics, has been detected in snacks made in China by food multinationals.

Since first appearing in baby milk formula, melamine has been found in a range of other products containing Chinese milk and has now become a massive scandal threatening terrific health implications.

With Edna successfully obtaining an enjoining order on the prohibition order by the Colombo Magistrate, the products consumer worthiness will become known only on October 28. In the meantime, more samples are to be tested for melamine.

Lows in India-Sri Lanka relations: opportunity for turn around

By Malladi Rama Rao

Many commentators see in the present lows in the India-Sri Lanka relations a repeat of history - what had happened 21 year ago, June 1987 to be precise, when President J.R. Jayewardene was in the midst of 'Operation Liberation' for Vadamarachchi.

Delhi had airlifted a plane load of journalists to Rameswaram and sent them along with a 'relief flotilla' to Jaffna. Some of us, who were engrossed in catching up with the history of Rameswaram, missed the flotilla. The Indian diplomat, who was of the rank of a director in the foreign office, was amongst the 'left out'. We caught up with the 'journalists' ship' by hopping on to a barge.

The Sri Lankan navy stopped the flotilla short of the maritime boundary. The navy commander was very polite but did not mince his words. "You cross the line. We will fire at you," he told the Indian official, who, we felt, was not willing to take any risk what with so many journalists listening to them on the 'open radio.'

Food drop

By the time the flotilla returned to the shores, it was past midnight and we all missed our deadlines. Compensation of sorts came the next day afternoon by way of an aerial 'food drop' mission.

This incident comes back to mind because once again 'humanitarian' issues have become the talking point in India-Sri Lanka relations.

And questions are being asked particularly in the Sri Lankan circles whether what had happened at the door step of Vadamarachchi will repeat at the gateway to Kilinochchi. India has not directly or indirectly asked Colombo to stop the Eelam War. Foreign Minister

Rohitha Bogollagama has frankly conceded this point as recently as October 21 on the floor of Sri Lanka's parliament.

MP Vijitha Herath (JVP) asked him 'What are the pressures created by the India government on the Sri Lankan government to stop the military operations against terrorism.'

The Foreign Minister replied in the negative. Herath persisted (according to the transcript of the proceedings) by asking 'What is the action taken by the Sri Lankan government regarding such pressures.' Replied Bogollagama: "Doesn't arise." And categorically emphasised that the Government of Sri Lanka has not faced any kind of external pressure from any quarter regarding the operations by the security forces to defeat terrorism and disarm the LTTE.

Sweet music

President Mahinda Rajapakse picked up the refrain the same day and it should have been sweet music to Prime Minister Manmohan Singh, because the media and political verdict in Colombo is very harsh against him.

Interacting with media heads and editors at Temple Trees, Rajapakse said there was no demand from the Indian government to halt the military campaign when he spoke to Singh on telephone.

A statement circulated later by the President's Office said: "It is the primary responsibility of his government to look after all the citizens. He carries out this responsibility to the fullest especially with regard to the people who are temporarily displaced in the north, due to the ongoing military operations to defeat terrorism.' The statement went on to quote President Rajapakse to say, 'There is a wrong impression created in Tamil Nadu that this is not being done. This is furthest from the correct position. All these are our citizens and we take every measure to look after and provide for them.'

Misplaced euphoria

As some Colombo dailies noted, the tone was 'conciliatory.' It was quite a contrast to the report aired on the Sri Lanka Broadcasting Corporation's main news bulletin on October 14. It reflected what has come to be identified as Sinhala-Buddhist euphoria and gave currency to the view that whatever be Tamil Nadu compulsions and vote politics, Prime Minister Singh is a chicken in an elephant body and hence would like to do a Rajiv Gandhi.

The all-party meeting convened by the President sent out the same message and declared its opposition to any Indian intervention.

Interestingly, at no point of the escalating Wanni war has India called for an end to the military campaign. Its advice: try for a political solution which will be long lasting. And any solution should be within the framework of unity and integrity of the island nation.

This is what the Indian Prime Minister reiterated when Rajapakse managed to speak to him last week end (after failing to meet him in New York on the sidelines of the UNGA sessions).

External Affairs Minister Pranab Mukherjee elaborated the theme when he made a statement in the Indian Parliament on Wednesday, October 23. So much so, there is the question of India in general and the Tamil Nadu chief minister in particular orchestrating a campaign to bail out the LTTE.

No change in stand

In fact, any observer will agree that there is no change in the stand of Delhi and it is not music to Pirapaharan. That is why the high decibel propaganda emanating from Colombo that India is surrendering to the killers of her great son Rajiv is amusing to say the least.

Whatever be one's political inclinations, it cannot be held against Karunanidhi that he is supporting the LTTE at the present juncture.

The humanitarian concerns were first voiced by CPI, which is not known to be Tamil Chauvinist. Others including the DMK chief picked up the issue. In all his recent public remarks, Karunanidhi only spoke about Tamils and the Tamil race in the context of SL developments.

"I am unable to sleep whenever I think of it. Let us avoid the racial genocide in Sri Lanka." he wrote in Murasoli, the DMK mouth piece.

One may turn around and ask what about his 'ultimatum' to Delhi and threat to withdraw his MPs if Delhi doesn't act by October 28. It should be remembered that the Indian parliament has entered its slog overs with the talk of a general election in early February. To that extent, Karunanidhi's threat doesn't hurt Manmohan Singh and influence his government's policies.

Continuity

Anyhow, there is continuity in India's foreign policy whoever is in power in Delhi. It may be recalled Jayalalitha Jeyaram of AIADMK as the TN chief minister led a delegation to then Prime Minister Vajpayee on the Sri Lankan issue. And the BJP led government articulated India's concerns just the way the Congress led government is doing now. In other words, unlike in other democracies, India's foreign policy is based on national consensus and is not dictated by coalition blues

Delhi-Chennai wavelength

Will Karunanidhi execute his threat spurred by his own local concerns in Tamil Nadu? One intelligent guess is that he will not. His close aide T.R. Baalu, who is also a minister in the Manmohan Singh government, has already said that they (DMK) have no intention to bring down the government. "We are not doing anything to help or save the LTTE. We only want to help the orphaned Tamils," he said in Chennai.

Put differently, there is not much of a difference between Chennai and Delhi on issues related to Sri Lanka. There is a clear distinction between LTTE and ethnic Tamils wherever they may be living in the island nation.

India has umpteen options to make Sri Lanka realise that it is but an island by itself in today's global village. Yet it chose to be the true friend in need, and not an adversary in distress.

It also ignored Colombo's half baked attempts to bring in other players into the SL theatre. That is not because of any magnanimity but because India knows its backyard and knows, if it comes to crunch, how to protect its interests and influence without much ado.

Obviously, most mainstream politicians and commentators in Sri Lanka have horribly failed to read the TN pulse and the Indian mood. They allowed themselves to be straight jacketed as before and started indulging in cheap talk like why not Colombo also fund fringe terror movements across India. And it got carried away by pseudo-nationalism.

Like Sarath Fonseka, for instance. Since he is the army commander, the government, if not the defence minister, should have 'checked' his excessive exuberance. That did not happen.

Requiem for APRC

A quiet requiem has been said for the APRC and to the much talked about devolution package. There are enough signals that the ruling party will like to ride over the crest of Wanni war euphoria and secure a two third majority in parliament.

Politicians have a tendency not to look beyond the immediate. They also tend to be economical in what they say and do as is the case now when a major humanitarian problem is rocking the north of their own country.

It defies logic why Colombo needed to be reminded of the heavy costs in terms of human suffering in the course of the latest military campaign.

The 270, 000 Tamils caught in the conflict zone are Sri Lankans first and foremost. Till Chennai first and then Delhi spoke up for these hapless people, Colombo refused to acknowledge their plight. Otherwise, it would not have ordered the exit of international relief workers (except the Red Cross).

It should have corrected its act when Sri Lanka was voted out of the United Nations Human Rights body and worked to win over the northern Tamils and removed their mistrust of the government agencies, the armed forces in particular. An element of empathy with them is essential as they are caught between the might of the state and the gun power of a non-state player. Turning its ire on NGOs accusing them of indulging in anti-Sinhala propaganda doesn't help.

Time to act

The situation in Sri Lanka was the subject of a recent debate in the British Parliament. The Minister for International Development, Michael Foster termed the situation as 'grave.' As the intensity of fighting has risen, the space in which humanitarian agencies could operate has been constricted, he said, virtually echoing the sentiments of Delhi.

Both he and members who took part in the debate were concerned over restrictions on the media in Sri Lanka as well as 'harassment, physical attacks and even assassination' of innocent persons.

Suffice to say, humanitarian concerns are something no civilised society can afford to ignore. It is not an issue that should be used to score political points either at home or across the Palk Strait in India. Instead of anti-Indian sentiment, what is needed is Colombo, Chennai and Delhi working together to help an estimated 150,000-200,000 people in the uncleared areas.

Relief to them should not be tied to end of the Wanni war. Firstly because, the LTTE is reportedly preventing them from coming down south. Secondly because, an end to the war is still not in sight (at the time of writing this article).

A senior SL politician (who is still around and active in the power circuit), once told me India is like an old lady whom Colombo should keep telling that she is looking beautiful. We both laughed at the analogy. That was three years back. I don't know whether the government in Colombo subscribes to this view. What is however essential is that neither India nor Sri Lanka should make an enemy of each other.

Return of Sri Lanka's death squads

By Basil Fernando

A group calling itself the Mahason Battalion has sent threats to the registrars of Colombo courts and a number of human rights lawyers, saying anyone who represents terrorists or suspected terrorists in court will face death.

If someone in Sri Lanka says, "I will kill you," it should not be taken lightly. Many who have received such threats lie in their graves - and there are thousands. It is easy to make such threats, and it is also easy to carry them out.

Addressed "To those who represent the terrorists today," the document delivered to the courts said, in part: "The innocent people of our motherland have been subject to the killing sprees of terrorists for over three decades. But there is no one today to speak for the human rights of these innocent people.

"However, we know that there are many traitors who voice their concerns for the human rights of the evil terrorists and those who assist them in carrying out these indiscriminate killings."

Same fate

It warned, "In the future, all those who represent the interests of the terrorists will be subject to the same fate that these terrorists mete out to our innocent people."

Mahasona is a Sinhala word meaning "the ghost that brings death." The majority of those charged under terrorism laws are Tamils suspected of belonging to, or supporting, the separatist Liberation Tigers of Tamil Eelam.

This type of threat was widely delivered, and carried out in the 1980s, which became known as the "period of terror." Around 30,000 people disappeared during this time according to official estimates and most of them from the south. At that time groups associated with the state acted under a variety of names to issue and execute death threats. One well-known group at the time was the "Black Cats."

Sri Lanka has experienced extremely sophisticated death-squad operations. During the period of terror, a list of persons to be killed would be circulated to several groups operating in secrecy. This meant that even if one group found a reason not to assassinate a person on the death list, another group operating independently would carry it out. Once on the list, a person had little chance of escape.

The mushrooming of death squads meant there was little chance of identifying the assassins. This virtually prevented investigations. "Unidentified persons" were always blamed for the killings. Another sinister aspect of the situation was that, once a state agency got involved with death squads, criminal gangs imitated their methods, giving the appearance that their deeds were state-sponsored. Some carried out the instructions of those seeking personal revenge, some were used to abduct people for ransom, some simply injured or killed business competitors.

Another unique aspect of Sri Lanka's experience with death squads and extrajudicial killings has been that large numbers of innocent persons have been killed in order to ensure that wanted persons did not escape. For example, the usual estimate of members and associates belonging to the group called the Janatha Vimukthi Peramuna, or People's Liberation Front, in 1971 was around 2,000. However, the number killed in a purge of this group is estimated at around 15,000 - 750 percent more than the estimated number of unwanted persons.

Period of terror

In the late 1980s this was exceeded when 30,000 people were forcibly "made to disappear." The deputy minister of defence who masterminded the operation later claimed that police officers acted excessively due to over enthusiasm.

A Dutch video journalist who reported on the killings in the late 1980s titled his presentation Sri Lanka - Murder Land.

There have been no estimates of the number of people killed in this manner in the north and the east in the last 30 years. But the south is now witnessing a return to the period of terror. As for the north and east, it has always been a period of terror in which the forces of the state, the LTTE and others have made no secret of eliminating their opponents.

The following is an extract from the Final Report of the Commission of Inquiry into Involuntary Removal or Disappearance of Persons in the Western, Southern and Sabaragamuwa Provinces, made in September 2007. It reminds us that Sri Lanka has done nothing to change its behaviour regarding death squads.

Distortion of relationships

"We are mindful that our recommendations should have relevance and be meaningful to citizens living in all parts of Sri Lanka. Priority must be given at all times to the avoidance of situations of disappearances arising.

"The security forces and the police are necessary adjuncts of a state. They are required for the protection of the state and the protection of the citizens of the state. The average citizen looks to them for protection. The tragedy of Sri Lanka lies in the distortion of relationships between the citizens and the security forces, including the police, which has resulted from the acts of both politicians and subversives."

(Basil Fernando is director, Asian Human Rights Commission based in Hong Kong. He is a Sri Lankan lawyer who has also been a senior UN human rights officer in Cambodia. He has published several books and written extensively on human rights issues in Asia.)

Canada for UNHCR field office in SL with full mandate

The Governor General of Canada, Micha‰lle Jean Speech has said her country believes civilians in conflict zones need to be protected and that they strongly support the presence of the office of the UN Commissioner for Human Rights in Sri Lanka with a full mandate to report on the human rights situation.

The Governor General made these comments on the occasion of the presentation of credentials of Sri Lanka's High Commissioner to Canada, President's Counsel Daya Perera on October 22.

Said the Governor General: "It gives me great pleasure to welcome you to Rideau Hall, especially at this time of the year, when the vibrant colours of fall are on such brilliant display.

We have come together this afternoon in the spirit of sharing, dialogue, and reconciliation among peoples, and I am delighted to be here with you.

Our perspective - long limited to our own village, region or country - has now expanded to global proportions. This openness calls for greater solidarity and more cooperation and opportunities for partnership. The actual economic crisis calls for more solidarity than ever and shared perspectives on possible solutions.

Furthermore, through our membership in the Commonwealth, Canada and Sri Lanka have strong bilateral ties.

In fact, Canada is home to 200, 000 Canadians of Sri Lankan descent who are helping to make our society more dynamic and prosperous.

Of course, our friendship with the Sri Lankan people extends far beyond the diplomatic arena. Following the tsunami that devastated the region in December 2004, Canadians reached out to your people, offering unprecedented levels of assistance to support the relief, recovery and reconstruction efforts.

High Commissioner Perera, we are deeply concerned over the future of the Sri Lankan people. We hope to be able to continue supporting your government in its efforts to find viable solutions to the ongoing conflict, solutions that will fulfill the aspirations of your fellow citizens, regardless of language, religion, or ethnicity.

Canada believes it is important to ensure that civilians in conflict zones are protected, that they have access to humanitarian organisations, and that their human rights are respected.

We strongly support the presence of the Office of the UN Commissioner for Human Rights in Sri Lanka with a full mandate to report on the human rights situation.

It is my understanding, Excellency, that your government is preparing to offer Sri Lankans services in Sinhalese and Tamil.

Canada has a great deal of experience with bilingualism, and I can assure you that we would be more than happy to share that experience with you during your mandate here in Canada.

Each of our countries could benefit from the best practices of the other as your country begins to make these services available."