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Issues

   
 

   Tragic story of a war refugee 


Helplessness and fear -- the fate of all war refugees

By Shruthi Mathews

The ethnic battle continues to rage back and forth; the insurgency may have been defeated, but conflict remains in the form of words and increasingly polarised ideologies. Yet, in the midst of these vociferous exchanges, who can hear the IDPs themselves; the ones who have been firmly planted into a situation that is the direct result of a conflict they have no say in?

Although their state of being is generally known to the public, their individual stories go untold and therefore unheard. Their tragedy is so far-reaching and widespread that it is spelled in the form of figures and statistics instead of real and poignant accounts of individual and personal suffering.

Kala, a mother of three from Kilinochchi, provides a personal account of her experience. Her family fled their home following the army takeover of Kilinochchi in January, and since their departure she recounts that they have lived in 19 different places. She is now with her husband in a location where he is undergoing hospital treatment.

However, during the course of their displacement she was separated from her children, who she now believes to be residing in an IDP camp. Her story is heartbreaking, but it is one of many. She is merely one out of thousands who have lost families and homes as a result of the civil conflict, making the waves of suffering concentrated in the north all the more overwhelming when examined in such individual terms.

Speak openly

Furthermore, Kala is one of the few IDPs who has the opportunity to speak openly of her experiences. Although she has not been in an IDP camp herself, she has undergone numerous suffering and traumas at the hands of war, and her story serves as a reminder of the widespread tragedy that afflicts the civilians of this country, who continue to pay in pain, lives and tragedy for a war they had no desire to be a part of.

Kala is only 30 years old, but she appears frail, with three children all below the age of seven. “We used to be a happy family of my husband, three sons, my mother-in-law and brother-in-law” says Kala. “Unexpectedly, because of the problems in the country, we lost everything; our house, belongings and wealth. We have had to live in 19 different places, including a bunker, and we have endured untold poverty and sadness.”

Separated from children

In April, Kala and her husband were injured and then transported to Padaviya Hospital for treatment. They were both rendered unconscious by the attack, and on waking up in hospital did not know the whereabouts of their children. “We both had heavy hearts and were sobbing together as we could not find our boys” says Kala.

Kala and her husband have been moved between various hospital around the island. They are currently together, but are still estranged from their children. They have no money, family, or a place to stay. Kala is desperate to find her children but cannot travel back to the North without her husband, who is yet undergoing hospital treatment. She has been away from her children for two months now, and is unsure of their safety and wellbeing.

Helplessness and fear are etched on her face and she is torn between the need to look after her husband and returning to the North to search for her children. The decisions she faces are tough, and her problems are only further intensified by the fact that she lacks finances and even the most basic of possessions, such as clothes and soap. She is visibly distressed at the thought of her children alone in a camp.

Although she has not been inside one herself, she knows of their conditions and says that water and toilet facilities are poor and there is little shelter from the sun, making habitation a difficult experience.

Wants to live in peace

When asked about her opinion regarding the ethnic conflict, Kala states quite simply that all she wants is to be able to live in peace, to be reunited with her family and have a stable home, and to not live in fear any longer. Kala wants her story told because “no one should have to suffer the way we have suffered”.

Fear makes her somewhat reticent, but it is evident that her sole concern is for the wellbeing of her family. She has no political inclinations, as these seem trivial compared to her humanitarian plight. It is reasonable to believe that her view represents that of the majority of IDPs, who do not want any form of conflict or political victory, but simply the basic human rights and dignities that have been denied to them.

All around Colombo the radical protests of the Tamil diaspora are heard and jubilant posters of military victory are seen, yet ironically, it is the urgently tragic stories like these – the ones which require immediate and compassionate responses — that are the most silenced and suppressed.


Ceylinco Shriram Capital Management (CSCM) :
a path of relief for depositors

By Jeevan Thiyagarajah 

The purpose of this feature is to emphasise the utmost urgency of meeting the anxiety of depositors who have invested in two companies carrying deposits  of close on 7000 depositors. None have received the expected relief yet in 2009, though  infrequent payments were made to some by Ceylinco Capital Investment Limited (CCI) and CLC Asset Management (Pvt) Ltd (CLCAM.)

 Orders of the Supreme Court have triggered some action by the Central Bank, some directors were remanded, talk of  a credible payment plan has been formally mentioned in Court on Wednesday, a few Hall of Fame icons have used intimidation to forcibly extract and write over assets in lieu of deposits, employees of the CSCM are without means of a monthly salary, while Ceylinco group employees have in general suffered considerably, the cream of our lawyers arguing criminal cases have been commissioned while their dignity has been on occasion taken to the fish market and placards have harangued Courts. The means to fast track relief to depositors incrementally though exists as explained hereon. 

Background 

The Sakvithi deposit scam was followed soon after by the unraveling of the Golden Key Credit Card company which set in motion a domino effect, affecting confidence of depositors in finance companies in particular and the market in general.  

CSCM is the official money manager who made investment decisions for CCI and CLCAM who are two separate legal entities, who solicited depositors funds to be placed in money and capital market instruments through CSCM.  

85% of funds were invested in group companies. Liquidity and interest rate risks followed. CCI and CLCAM drew more funds to meet withdrawals. 

Confidence in Ceylinco Group Companies was tested with depositors of CCI and CLCAM seeking withdrawals of investments both at maturity and pre-maturely. The Management decided to prevent or stop premature withdrawals initially whilst trying their best to accommodate maturity payments & payment of interest. 

Development of payment plans 

Directors of CCI and CLCAM commissioned Wealth Lanka Management Pvt Ltd (WLM) for a payment plan to settle depositor claims. In March, 2009 WLM presented an overview of the Assets & Liabilities of CCI and CLCAM. With a detailed Payment Plan option in early April. An alternate revival plan, was proposed and  feedback was sought from the Investor committee also in April. In May, where depositors participated, at meeting with the Central Bank of Sri Lanka the revival plan was presented. The group was reportedly advised that a state institution be sought as a strategic/management partner. This meeting was attended by four representatives of the Investors. At a 6th meeting with depositors in early June the payment plan option had been discussed. At the 7th meeting on the  July 2, a payment plan proposal was handed over to the Technical Committee of the Investor Association for their approval. 

Remand and bail for directors

On  July 3, all present and past Directors of CCI, CLCAM and CSCM were asked to come to the CID for a conference. Four out of 10 directors showed up and were produced at the Fort Magistrate’s court. On the submissions made by the Defence  Counsel , the Magistrate granted bail, with the lawyer representing the investors ratifying the efforts made by the Management to find a workable solution. The next hearing was scheduled for  July 29, the Attorney General’s Department. filed a motion in court and called up the case on  July 16,  with all 10 directors being summoned and the State Counsel requested the reversal of bail granted citing that the credibility of Depositors Association was not acceptable based on representation from other outstation depositors. Resulting from the hearing, five out of the 10 directors were remanded.  

Payment plans and options. 

CLCAM

                                                               Year  2009

Rs Mn

Total  Realisable Assets                                 2,337

Add :Realiable Amount from CCIon a/c
 of Renewal Transfer                                       975

                                                              --------------      

                                                                     3,312

                                                            ---------------- 

Total  Liabilities                                              2,478

Transferred  Renewals of CCI                        2,477

                                                             ---------------

                                                                      4,955

                                                           ---------------- 

CLCAM investors would have total realisable Asset value of Rs. 3.3 B to meet Rs. 4.9 B deposits.

However, if we discount the transfer of CCI investment renewals to CLCAM, the CLCAM investors would have Rs. 2.3 B realisable assets to meet Rs.2.4 B deposits. The reason to discount arises from the fact that CCI was the original company floated to collect clients’ funds. The management in 2008 decided to form a new company (CLCAM) to take over this function. Liabilities of Rs. 2.3 billion originally shown in the books of CCI were transferred to CLCAM. No physical transfer of assets representing this liability was made.

CCI

                                                                                        Year  2009

Rs. Mn.

Total  Assets Realisable for Unsecured Creditors                     1,947

Less : Payable  Amount to CLCAM on a/c
of Renewals transfer                                                                ( 975 )

                                                                                        ----------------      

Realisable Assets Available to meet actual Liabilities                 972

                                                                                        ---------------- 

Total  Liabilities                                                                        4,965

Less : Transfer of Renewals to CLCAM                                   (2,477)

                                                                                        ----------------

Adjusted Liabilities after transfer of Renewals to CLCAM        2,488        

                                                                                        ---------------- 

CCI investors would have total realisable Asset value of Rs.972M to meet Rs.2.4 B deposits.

However, if we discount the transfer of CCI investment renewals to CLCAM, the CCI investors would have Rs.1.9 B realisable assets to meet Rs.4.9 B deposits. 

Conclusions

We have not sought to malign or attribute motive for actions which may have been taken in  conducting  the work of either CSCM, CCI or CLCAM nor gone into the innards which make up the totals in the previous section. The author has seen the agony of depositors, the struggle of an investor to be heard and the effort of a director to bring into the domain of public knowledge the fiscal position of the depositors. Many have waited anxiously, while clearly those who could make it a reality are struggling to retain their  liberty while convincing those in authority to act without delay. It though is patently clear that even in a week relief can be brought on line.


 

 

  More Issues Articles...

  People’s opinion from Jaffna

   Ceylinco Shriram Capital Management
      (CSCM) : a path of relief for depositors


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