Although the airline is in a dire need for 275-300 pilots there are only 200 pilots working at present and the entire workload has to be shared amongst them which has been strenuous over the years. Although the situation is as such, it is learnt that many have been recruited for other posts through alleged political influence although they do not have any specified jobs to be carried out.

Hence it is a 13 month year for the SriLankan Airlines pilots as they have got to work 28 days per month which is 13 months per year as the airline has failed to recruit the required number of pilots over the past 10 years.

On conditions of anonymity sources from SriLankan Airlines told The Sunday Leader that due to breaking rest over the years, the pilots are now prone to critical illnesses and more than 10 pilots have already undergone bypass operations during the past four years which is a high percentage comparing to the past 30 years.

“This is all due to the accumulated stress and fatigue the pilots are undergoing. Over the past 30 years not more than 5 pilots have fallen critically ill but it is now getting worse since we break rest more often. Even the doctors have warned us not to break rest as we do now, since it gives rise to many medical complications. Once we fall sick the airline will certainly cancel our flying licenses and either we will have to quit our jobs or will have to do ground work. It is not worthwhile for us to put our health at risk knowing well that the company will not look after us once fallen sick,” claim the sources.

The sources further accused the SriLankan Airlines management of not paying them the extra month (13th month) salary although they work an extra month a year.

“When you calculate 28 working days per month into 12 months we work for 13 months a year. It is the company’s obligation by the pilots to pay the salary for that extra month although the management claims that there are no funds to pay for an extra month. If the company does not have enough of funds to pay us for what we have worked risking our health, why should they keep on recruiting more staff especially to managerial posts although they do not have any work to be carried out but only to idle and get a thumping salary at the end of the month. If the company has money to waste to please political goons why should we put ourselves at risk by overworking without a salary? We have been requesting the Management to fill these vacancies over the years as it is really strenuous to all of us. To work 28 days per month is not an easy task for any person. We as pilots have to be vigilant when flying and when we are breaking rest it compromise with passenger safety as well,” said the sources.

According to him, it is tiresome to pilot night flights and added that it is only at SriLankan Airlines that have many night flights than day flights comparing with other international airlines.

“If you take other international airlines most of them have 85% day flights and only 15% night flights where as we have more than 75% night flights and 25% day flights. It is very disappointing as to how SriLankan Airlines want its pilots to continue work for one hour more than the legal flying limit. This flying limit has been made to give a break for the pilot within a specific time but our management wants us to work more hours which is illegal,” added the sources.

He further said that due to same reasons, most of the foreign pilots who are working for SriLankan Airlines are to tender their resignation next month.

“Most of them have worked only for 5-6 months at SriLankan Airlines and if they feel it is very stressful to work for 28 days breaking rest then what have we got to say after working for so long. Most of our pilots are to join the new TATA Air Asia airline which will be starting from next month.

If we lose more pilots then the situation would be worsened and certainly the airline would have to cancel many flights until new recruitments are made,” said the sources.

Meanwhile, sources further queried as to why the salaries of Grade 10 and above officers which amounts to 700 are made in a private company – Ernest and Young. Although all other posts too are overstaffed their employment cannot be considered as a burden as they are drawing small salaries. However the temporary managers are the real burden to the company as they get higher salaries which we do not know. That is why their salaries too are prepared by Ernest and Young Charted Accountants wasting millions of rupees when SriLankan airlines have their own payroll department.

“During Peter Hill’s tenure their salaries were made by a private company in order to conceal their salaries from the local staff. We could understand that theory since they are foreigners they had to draw a high salary.

But what is the reason behind the present management wanting to follow the same procedure without getting their salaries prepared by the payroll department staff. Isn’t it dubious? If the higher grade officers are drawing salaries of reasonable amounts why do they want to hide it from the other staffers,” alleged the sources.

The sources further alleged that Chairman, Chief Executive Officer and Chief Operating Officer are getting a monthly salary of more than Rs.5 million each per month and added that all temporary managers that have been recruited on political influence too are getting higher salaries although they do not discharge any duties.

Sources further raised concern as the SriLankan management has taken a dubious decision to reduce the pass mark at the pilots intake in order to give chances to two of their ‘friends’ who have come down at a test held recently.

“The international standard of the pilot intake pass mark is 70 but recently the management has decided to reduce it to 60 as two of their ‘friends’ have obtained less than 70 marks. This is very dangerous. Why cannot these two learn more and sit for another exam later instead of trying to get in with lower marks. When Garuda Airlines too recruited pilots with less knowledge, most of the foreign countries stopped them flying over their country as it is a risk. Later they had to abide by the international standards and get the clearance to fly over these countries,” added the sources.

According to the sources, when this was informed to President Mahinda Rajapaksa, he had immediately asked the Chairman as to why the company is going to bypass the airline rules to which the Chairman has said that it was solely to recruit more local pilots.
“The Chairman had completely misled the President. Even President’s niece had to sit for the same exam a few times to obtained the necessity pass marks but the President never pressurized the SriLankan Management to take his niece with less marks,” added the sources.

The sources meanwhile said that flying aircrafts to Mattala is a great risk at the moment as birds collide with the engines, they could stop and there are possibilities of a plane crashing in such instances.
“An A320 airbus had to make an emergency landing to Hudson River in New York some years ago when a flock of birds crashed into the aircraft engines. They immediately stopped working as the blades got damaged and if the pilot had not landed the aircraft to the Hudson River the entire plane would have crashed. This is possible at Mattala as well,” said the sources.

‘Flight Time Limitations Strictly Observed’

Meanwhile, Manager Media Relations and PR SriLankan Airlines Deepal Perera confirmed that there is a shortage of pilots but added that it is being addressed by an aggressive recruitment drive.

“We have not stopped recruiting pilots. This is an ongoing process,” said Perera.

However Perera denied that the pilots have to work continuously as claimed by the staff, and said that the pilots fly in accordance with the Civil Aviation Authority of Sri Lanka (CAASL) flight time limitations which are strictly adhered to.

“The pilots fly the industry average of approximately 75 flying hours a month. The statement on pilots falling sick due to fatigue is not correct. Pilots are paid a monthly salary and not a salary based on the 28-day roster cycle as claimed by them. This is the international norm,” said Perera.

Perera further said that Pilots do not fly beyond the permissible limits stipulated by the regulator.
“In regard to annual leave, it is distributed in a fair and equitable manner, due to the nature of the job. There are occasions when requested leave may not be granted during holiday periods to ensure there are sufficient crew to man the flights,” added Perera.

When queried as to why the airline has given Ernest and Young to make salaries of officials in Grade 10 and above and whether it is to hide the amounts from the rest of the employees, Perera said that the airline do not have a separate payroll department and it is a normal practice for any private firm to outsource the handling of salaries of the managers.

Asked as to why there is a go slow campaign and whether it was because the management wanted to reduce the pass mark of pilot intakes from 70 to 60 solely to take two of the applicants who came down at the test, Perera said it is because of working to roster.
“The pilots in SriLankan Airlines are ‘Working to Roster’ which means that Captains and First Officers of the airline are reporting to duty according to the Technical Crew Schedule drawn up by the Flight Operations department in line with the airline’s current Flight Schedule. “In regard to aviation hazard at Mattala, bird strikes are considered as a common feature and are considered as part of the industry hazard. Because of this reason globally airports adopts their own way of managing the situation. As for us this is not a serious issue,” said Perera.

While Bodu Bala Sena has been making the headlines with their call to remove Halal certification, it appears that the group also has plans to modify the way Buddhism is taught. Hundreds of children attend daham paasal every weekend to learn about Buddhism. But according to the Bodu Bala Sena, the daham paasal teachings are out of touch with modern-day thinking, and they would like to modernise daham paasal syllabus.

This sentiment was first expressed at a recent Bodu Bala Sena press conference, when Secretary of the group, Ven. Galagodatte Gnanasara Thero said the bana sermon currently being preached by some monks is “not even suitable for a funeral house”.

What was needed instead was a more positive message, Gnanasara Thero said. “We need young people to be more energetic and to be more prosperous and successful. In order to create that, even the daham paasal textbooks need to be changed,” Gnanasara Thero said.
This statement comes in the wake of an announcement that a new Buddhist leadership centre was opened in Galle this Saturday (9). The Chief Guest was Defence Secretary, Gotabhaya Rajapaksa.

The Government has up until now distanced themselves from the halal certification issue, with the President even meeting with members of the Bodu Bala Sena and asking them not to inflame public sentiment with their rallies, and appointing a commission to investigate the issue.

Open question

Bodu Bala Sena Executive Committee Member, Dilantha Withanage was quick to point out that their organisation was not heavily involved in the new Galle centre. Instead, it was an initiative of the Nedimala Buddhist Centre, Withanage explained. Incidentally, the Nedimala Buddhist Centre is owned by Ven. Kirama Wimalajothi Thero, who happens to be the leader of Bodu Bala Sena; so whether the latter group will be as uninvolved with the centre in Galle as they claim, remains an open question.

Despite their claim to being only distantly connected with the new centre, the Bodu Bala Sena seemed quite up to date on what the centre was to be used for.

The newly built Centre in Galle will be a meditation and cultural centre to promote Buddhist culture and philosophy, Withanage said.
Clarifying the Gnanasara Thero’s earlier statements on modifying Buddhist teachings, Withanage explained that religious teachings in Buddhism often focused on leading a good spiritual life and being a good citizen in society. According to the Buddha’s teachings, worldly possessions often lead to suffering because of people’s desire for them. As such one part of Buddhism focused on letting go of such feelings of ownership and desire. However, because of this aspect pious Buddhist youth were not going into business and were focusing only on the spiritual aspects of Buddhism, ignoring the need to be a productive citizen.

Withanage said that for this reason, the Gnanasara Thero had called for more “positive” thinking when it came to Buddhism. He contended that the syllabus was out of date and the methods used in teaching too were outdated, as were the textbooks and curriculum, which needed to be updated. The Bodu Bala Sena hopes to update these teaching methods, including modifying the daham paasal textbooks in this context, he said.

Tuition and Daham Paasal

Withanage also spoke of the ‘competition’ Buddhist schools faced from tuition classes, as children often skipped daham paasal to go for extra classes, which was compounded by the fact that the religion classes were not ‘attractive’.

Withanage conceded that more traditional clergymen within the community would oppose such a move, but the Bodu Bala Sena was promoting ‘positive change’ within the religious teachings.

The announcement was met with some skepticism from members of the Buddhist clergy.

JHU’s Ven. Omalpe Sobitha Thero in response to the statement made by Ven. Gnanasara Thero, said that in recent times we even see posters advertising time-appropriate Bana. “However Buddhism is not confined to any particular time period, but is eternal. Even when we worship we say the words ‘Akaliko’ which means eternal. Hence the Bana or preaching is aimed at helping people in this life and thereafter as well, and is preached parallel to each other.Therefore, there is nothing in Buddhism that anyone needs to change or modify.”

However with regard to the revising of the Daham Paasal textbooks he said that what is required for people is to use Buddhism more practically in their lives.

“Buddhism teaches us how to live a happy and peaceful life. Buddhism is not learning about strange beliefs from faraway lands. It is about looking at and thinking about our own lives. It shows us how to understand ourselves and how to cope with our daily problems.

A very deep philosophy is not required to make a country or a person, but establishing and adhering to the ‘Panchaseela’; the five principles, which have to be observed for realising the divinity in man. This is not something that can be changed or amended according to anyone’s whims and fancy. The doctrine of the Lord Buddha is eternal and does not require amendments from time to time. The real Buddha Poojawa is to live a righteous life, and as Lord Buddha has said, it is not required to offer flowers but to offer one’s virtuous deeds,” he added.

Four Factors in Buddhism

Responding to the statement made by the Bodu Bala Sena that young persons of today need to be more robust and earn well and prosper, Ven. Maduluwawe Sobitha Thero said that Lord Buddha had in his preaching referred to this issue as well.
“In order to make one’s life prosperous you need four factors, and the first is to earn one’s fortunes in a moral manner, and secondly to live righteously, thirdly to live well and fourthly to gather merit for the next life. His teachings are so simple. The Lord Buddha has also said in his preaching to be determined in achieving one’s goals and live life in a balanced manner and manage with what you have and never spend more than you earn.

The Lord Buddha’s preaching is very basic and simplified, in a manner that anyone can understand it and apply the principles to lead a just and peaceful life,” he said.

However, the problem in our country is that we do not practice Buddhism in a practical manner and apply the Lord Buddha’s teachings to our daily lives, said Sobitha Thero. “Moreover our people are not lazy as portrayed by some. Take for instance the Anuradhapura and Polonnaruwa eras where all these great lakes and tanks were built by our ancestors, built Dagobas and temples reaching up to the skies, and were able to produce enough rice stocks to feed them three meals a day.

Are these the works and achievements of a lazy race? Our country was known as the grain storage of the east, and was that because we were a lazy race? Therefore in my opinion these are just idle and empty words (Sobana Katha) by these people. Therefore, it is not required that anyone should make a new testament in Buddhism,” he said.

While Withanage and the Bodu Bala Sena seemed to expect skepticism from more traditional members of the clergy, their goal remains to update the way Buddhism is taught and instill ‘positive’ change, but whether their efforts will be received in the same light remains to be seen.

Discussion On Halal Certification: Businessmen Speak Out

In a continuation of the halal certification issue, Minister of Technology, Research and Atomic Energy, Champika Ranawaka met with some business leaders on March 3. At the meeting, the nature of halal food was discussed. It was alleged that the All Ceylon Jamaiyathul Uluma (ACJU) has been in existence since only 2000 and further charged that it was only in Sri Lanka that a theological group was issuing the halal certificates. It was charged that the ACJU had no right to issue halal certification.

Ven. Athuraliye Rathana Thera said that indicating the ingredients of the commodity is enough for a consumer to decide whether it is appropriate for him to use it or not. At the beginning halal was confined to meat eating but now it has gone to the extent of certifying even water and yogurt which is obviously causing a social division, he contended according to a public statement issued following the meeting. It appears that profound moral values of Islam have been overshadowed by superficial issues like halal. In this connection more flexibility and receptiveness is required from the Muslim community, the monk had said.

However, a couple of export companies had pointed out that their businesses largely depended on their being able to provide halal certification. Minister Ranawaka had told these companies that having halal certification for export products was not an issue. The Minister was not available for comment during the course of the week, but several of the companies who had voiced their concerns at the meeting spoke to The Sunday Leader.

The managing director of Ceylon Biscuits Limited said that if halal certification was removed or made illegal, the company would have to shut down as 50% of their exports were to countries, which required the certificate.

Surprisingly, these were not Muslim majority countries, as might be assumed- Ceylon Biscuits Ltd. exports their goods primarily to countries like the USA, South Africa, Australia and New Zealand- all countries with diverse, multi-cultural populations. (Islams, Hindus, Buddhists and Judaism collectively comprise just 4% of the USA’s population, according to US Census Bureau in 2012) “If we remove halal certification, we would have to shut down,” the managing director said. He added that the company maintained many standards certificates- including ISO 9000 and even kosher certification- a process they had maintained for years.

Meanwhile a director from Promoteas said that trying to stop halal certification would cause an adverse effect on their business as well, as the company exports primarily to Malaysia.

“If it’s not halal, they won’t buy a single kilo,” the director said. The company usually makes at least 150,000 USD a month, but on one occasion when a shipment had not been delivered, the buyers were quick to turn to Indonesia, which sold tea for 70 cents to a dollar cheaper, if not necessarily as high quality. Stopping shipping freight for two months to sort out the halal issue would mean that buyers would turn to countries like South India, Kenya and Indonesia, resulting in loss, the director pointed out.

Although these exporters were reassured with the sentiment that export companies would not be affected, it was singularly interesting to note that several countries where Islam was a minority religion had no problem with halal certification – indeed, they demanded it, such removing it would mean loss of profits to Sri Lanka. What’s sauce for the goose though, does not appear to be sauce for the gander.

By Nirmala Kannangara

Depriving families of the disappeared in the North from travelling to Colombo to join in a peaceful protest is to be brought to the notice of the United Nations Human Rights Council (UNHRC) this week, claimed K.J. Britto Fernando, from the Right to Life Human Rights Centre.

According to Britto, a petition is to be handed over to the UN office in Colombo this week to notify the UNHRC as to how the families of the disappeared were deprived of travelling to Colombo last week to join in a peaceful protest, which was to be held in front of the Viharamahadevi Park, Colombo.

Britto said he had to travel to Vavuniya to meet the family members of the disappeared and was informed that the Vavuniya Police had not allowed permission for them to travel to Colombo.

“No sooner this was brought to our notice, Leader of the Democratic People’s Front (DPF) Mano Ganeshan, had tried to contact the Inspector General of Police (IGP) to inquire into the matter. All attempts had failed and the IGP had returned his call only after one-and-a-half hours,” Britto said.

Police Threats

“These Tamil people were to leave Vavuniya on March 6th morning. They were to travel in 13 buses – 11 from Vavuniya and two from Mannar. On the 5th evening there was a vigil in Vavuniya in memory of the disappeared. When the family members of the disappeared gathered near the Vavuniya municipal grounds to get into the buses, the police had threatened the bus drivers not to take the crowd to Colombo,” Britto said.

According to him, police placed nail boards to the tires of one of the buses that were ready to bring the people to Colombo from Vavuniya.

“They threatened all 11 bus drivers claiming that they will set fire to the buses if they take the people to Colombo. Further, it is alleged that the police had even put pistols to the mouths of some of the drivers threatening them to withdraw their service immediately, failing which, they had to face the consequences. As a result, eight buses left in fear amidst the protest of the family members,” Britto said.

He queried as to why the Vavuniya Police had taken such an inhumane decision to prevent these people from travelling to Colombo, as they were neither terrorists nor carried any weapons with them.

“They were only carrying the photos of their loved ones who have gone mission after surrendering to the army. When the police was strict claiming that this group cannot be allowed to go to Colombo at that time, which was around 1am on March 6. Fr Sebamalai had requested the ASP Vavuniya to open the road for him to take the people to St Anthony’s Church. Out of the remaining three buses the ASP allowed only one bus to take the people and the other two buses were not allowed to move. The bus had to ply four journeys to bring all 650 people,” Britto said.

He further claimed how the Government Agent Vavuniya, who is a Sinhalese, refused to meet the family members of the disappeared when they wanted to handover a petition to him on March 6.

“As these people were prevented from travelling to Colombo they decided to hold a protest in front of the Kachcheri and demanded the GA to come and accept the petition. Fr Sebamalai and three TNA Parliamentarians requested the GA to come out and accept the petition from the aggrieved family members. The GA refused to come out and as a result the parents blocked the road claiming that they will not get up until the GA accepts the petition. It was then the GA sent his deputy to accept the petition,” Britto said.

Army Remains Silent

Meanwhile, Anandi, wife of Elilan – the LTTE political leader, queries as to what has happened to her husband who surrendered to the Sri Lanka Army on May 11, 2009.

“My husband surrendered to the Sri Lanka Army (SLA) on May 11 together with some of his friends. Although the army assured to send them back safely after rehabilitating them, neither my husband nor any of his friends were sent back although the government claimed that they had released all those who had been rehabilitated. The army has nothing to say when questioned about my husband,” Anandi said.

Describing how her husband and his friends decided to surrender to the SLA after a public announcement was made requesting all former and present LTTE members to come forward and surrender for rehabilitation, Anandi said she and her family have lost all hopes and they are sure that Ellilan was killed while in custody.

“If he is still alive, the army should tell us his whereabouts. The reason why they do not make any comments is clear,” Anandi said.
She also said how she saw Tamils lying dead in Munni Vaikkal and Dharmapuram when she and her family were moving from Trincomalee to a safer shelter.

“From January 2009 until May, not a single day passed without shells being fired all around killing civilians. My husband wanted us to move from Trincomalee and while we were going to Munni Vaikkal from Dharmapuram I saw bodies of civilians scattered all over.

Some were abandoned and some were ready for burial by their kith and kin. When the LTTE knew that they had lost the battle they stopped fighting on May 11. It was then the SLA addressed the people via the public address system and wanted all LTTE former and present carders, to surrender ensuring safety. My husband Elilan, Yogi, Ratnadurai, Ilamparathi, Priyan, Thangan, Ilangkumaran and Balakumaran, were all together when Fr Francis Joseph came one afternoon and wanted them to surrender to the SLA to save their lives. When my husband and the rest agreed to do so, Fr Joseph interacted with the army and they surrendered. Before they surrendered they wanted their wives and children to move to safer places. It was the last day I saw my husband and the rest, including Fr Joseph,” Anandi said.

Meanwhile, Leader of the DFP, Mano Ganeshan, accused the government of preventing the Tamil protestors to travel to Colombo by closing down the A9 Road, which was the only LLRC recommendation that was implemented.

“We arranged a peaceful protest march of the families of the disappeared and detainees in Colombo on March 6. The aim of this protest was to seek justice from the law enforcement authorities to find out what happened to their loved ones who were detained and disappeared in the North. They were to come to Colombo to share their agony with the people in the South. It isn’t an illegal activity. We did not arrange it clandestinely. It was to be a public event,” Ganeshan claimed.

Govt’s Bogus Claims

He further said that although the government was trying to defend itself in Geneva claiming that they have implemented most of the LLRC recommendation, it is contrary to their bogus claims. “They implemented only one recommendation of the LLRC which is the opening of the A9 Road. However, the police have now restricted passage on A9 for our own brothers and sisters. Our people cannot travel freely from Vavuniya to Colombo along the A9. Is Vavuniya part of this country or another separate State? I am asking this government not to divide the country and not to act based on language, ethnicity and religion. I know communalists and fundamentalists are performing from within the government,” Ganeshan said.

He further alleged that blocking the A9 Road and preventing the protestors from travelling to Colombo is a deliberate act of sabotage.
“I tried to convince the police to allow the people to come to Colombo. I communicated with the diplomatic corps in Colombo and with media. I spoke to the leader of the opposition. I spoke to the IGP around 10 pm. Interestingly the IGP was not aware of what his officials were doing in Vavuniya. I also spoke to the DIG Vavuniya.

I was told that they had to take such a decision as the police had received information that people at Madavachchiya and Anuradhapura were waiting to stone the buses these people were travelling in. I then wanted the DIG Vavuniya to provide security to the buses if illegal elements were waiting to attack,’ Ganeshan said.

Ganeshan further queried as to why the government is claiming that only 11, 500 Tamils surrendered to the SLA when earlier it was said that 17, 500 surrendered.

“First the government said that 17, 500 surrendered to the army and then claimed only 15, 000 surrendered. Later they say that it was only 11, 500. What is this discrepancy? What has happened to the rest of the 6, 000? The government has violated their own LLRC recommendations. They have failed to divulge the names of the disappeared and detainees,” Ganeshan said.

Private sector trade unions have commenced a campaign against the government’s failure to intervene in securing a salary hike for private sector employees since 2005.
The private sector employees, consisting of a 6.5 million workforce, make the largest contribution to the country’s economic growth, and yet earn a minimum wage far less than public sector employees.
Given that the cost of the market basket has increased to Rs. 47,600 in the month of January, the private sector employees are in dire straits unable to meet their monthly expenditures.
The Janatha Vimukthi Peramuna (JVP) affiliated Inter Company Employees Union (ICEU) has urged the government to intervene in increasing private sector minimum wages by Rs.10,463.
Chairman ICEU, Wasantha Samarasinghe, said it is unfair by the private sector employees to receive a minimum wage of Rs.9,660 in comparison to the public sector minimum wage of Rs.20,088.
“When the JVP was with Chandrika Bandaranaike’s coalition Government in 2005, for the first time in history we were able to get a salary increase of Rs.1,000 for the private sector.
As such, if the government is really committed they can get a salary increase for the private sector the same way they increase public sector salaries. It is the private sector employees that contribute more towards the country’s GDP, but unfortunately the government does not want to get their minimum wage on par with the public sector,” Samarasinghe said.
Samarasinghe also said why the government is dragging their feet without gazetting the 2009 cost of living index; “The government’s failure to gazette the 2009 cost of living index of Rs. 280 too has impacted much on the private sector wages. Although it is the Central Bank and the Department of Census and Statistics that release the CoL index, it is surprising as to why the government under President Mahinda Rajapaksa, who was a onetime Minister of Labour, does not want to put his signature to the gazette notification. Had this been gazetted no sooner the 2009 CoL index was released, it would have helped the private sector employees to get a much better salary,” Samarasinghe said.
According to Samarasinghe, the reason why President Rajapaksa delays in signing the gazette notification is to please private sector employers who are his personal friends.
“In order to please his friends who are private sector employers, Mahinda Rajapaksa has ignored the entire private sector employees,” Samarasinghe claimed.
He further accused the wages boards for their failure to get any salary increase for the private sector, but added, it was the JVP that could get a salary increase, with much agitation, with the wages board.
“There are 43 wages boards in the country and only 2.3 million of private sector employees are covered by them. The wages boards do not cover the rest of the private sector employees. That was why we had to agitate against this system and get a 40% minimum wage increase from Rs.6,900 to Rs.9,660. Although the Central Bank says that monthly income of Rs.47,208 is needed to run a family, the government is silent over the private sector minimum wage issue,” Samarasinghe said.
Several attempts were made to contact Labour Minister, Gamini Lokuge, to get a comment as to why the 2009 CoL index, which would have benefited the private sector employees, is not gazetted, and to find out why the government cannot interfere to get the private sector minimum wage on par with the public sector.
Nevertheless, the government would have to address the grievances of the private sector workers in order to prevent the private sector employees from resorting to trade union action thereby crippling the already ailing economy.

Movement for Equal Rights staged a protest at Fort last Tuesday demanding that abductions stop and calling for the release of Jaffna University students. Picture By Saman Kariyawasam

As coincidence would have it, the TNA could not have chosen another day for protesting the alleged security forces’ excesses on the Jaffna University campus on the extinct LTTE’s “Heroes’ Day” observances on November 27. Friday, December 21, when the TNA observed a day-long protest at the foot of the late Tamil leader, S. J. V. Chelvanayagam, was the perceived ‘Doomsday’, purportedly under the Mayan Calendar. The world has lived through that day, nonetheless, as it has done with other ‘Doomsday’ predictions in the past. The Tamils still say their political salvation in a united Sri Lanka is not yet on call.
Close to a month after the controversial police action against an equally controversial “Heroes’ Day” observances, the students of Jaffna University in the North have refused to return to their classes. For a change, Defence Secretary Gotabaya Rajapaksa’s personal intervention seems to have failed in restoring normalcy on the campus. With sympathetic teachers standing by, the Tamil students are protesting ‘excessive police action’ when they were observing the memorial day for their fallen men through the four ‘Eelam Wars’, and the continued detention of three of their friends arrested in this connection.
The question is not if the police and the security forces acted under the law. Years after what the Government continue to tom-tom as the successful conclusion of the ‘Eelam Wars’ and the military elimination of the LTTE, both forces continue to come under the Defence Ministry. Through the war years, the police force, for logical reasons and otherwise, came under the unified command of the Defence Ministry. It has remained so even after the war.
In peace-time, their respective purpose and role, training and attitude are different. They have to be so. If anything, post-war, the police should have been restored to the Interior Ministry and retrained and reconditioned to undertake their traditional peacetime role. In peacetime situations anywhere in the world, the police often view the armed forces as an unnecessary intrusion in the discharge of their traditional duties – an added political burden, whose blames it would have to shoulder in the public perception. In post-war Sri Lanka, nothing has changed on this score, particularly in the Tamil areas.
Instead, the question should be asked if the police and the security forces, starting with their intelligence wing, overreacted to an emerging situation on the Jaffna University campus. Going by scarce media reports – that too confined to limited sections of the Tamil media from the North in a tri-lingual media scenario at the national-level – the students were planning to light lamps on the occasion, and also take out a procession, without prior permission.
The Gregorian calendar for the day coincided with the Tamil calendar month of ‘Karthigai’ where on the traditional star-day, also of ‘Karthigai’ – women light lamps, praying for the wellbeing of their brothers. It is thus likely that the Sinhala soldiers and police officers may have misunderstood the overlapping of the two. Yet, that does not justify the Tamils’ argument that the lighting of the traditional lamp on the day also denoted praying for the soul of departed male siblings.
Under the Hindu tradition, lighting of the lamp is common to all forms of ceremonies – auspicious and inauspicious – but a celebration of lamps is confined to joyous occasions, like praying for the wellbeing of brothers that are living, not dead. The ‘Karthigai deepam’ festival is a celebration with lamps, not of women mourning with a single lamp. Yet, decades after it all began, for the Government and the armed forces, ignorance of Tamil as a language and Tamil customs cannot be an excuse for overreaction.
Whether the situation demanded the security forces to allegedly enter the campus, beat up students on the campus and in their hostel rooms, destroy their furniture and books, and also extend some of the acts to the streets outside, are questions that only an impartial judicial inquiry can address. Such an inquiry would also help the Government to retrain its strategies for the post-war era, to delineate between the legitimate Tamil claims and consequent political actions, and not so legitimate overreaction.
The legitimate Tamil action is aimed at delineating the post-LTTE political action from the LTTE’s terrorist ways and militant methods. The coercive action of the security forces is supposed to be aimed at ensuring the non-return of the LTTE. Excesses of the kind in the past were the ones that took Tamil ethnic politics away from the moderate elders of the community, to the militant youth, who were frustrated by the methods of both.

Not a Tamils’ Memorial Day

Sections of the Tamil society and polity, the TNA in particular, seek to make out November 27 as martyrs’ day being observed by the community for souls that departed in the past for the Tamil cause. It is far from the truth. Anyone remotely familiar with the ethnic issue, war and violence in the country would recall November 27 only as “Heroes Day” of the LTTE. It was nothing more, nothing less.
There is a history to the choice of this day, and it needs no repetition. It was also on this day, LTTE supremo Prabhakaran used to present the annual report of the Tamil community and also upcoming action plans, for the whole world to take note of. What he said, and what he did not say would be dissected in global capitals and media analyses. When he did not speak, or appeared via pre-recorded videos, that itself made news for LTTE-watchers, starting with the Sri Lankan security forces and intelligence agencies, and their political masters.
Hence for the Tamil polity and society now to argue innocently that there was nothing illegal or illegitimate for their population to observe November 27, as martyrs’ day of the entire community is presumptuous and unconvincing. Politics cannot be but presumptuous in some ways, but it is also such irrational arguments that make the security agencies suspect the TNA to be the hidden arm of the LTTE, post-LTTE too.
Such presumptuousness and consequent assumptions have already recreated mutual suspicions all over again. The Jaffna university incident has revived forgotten memories of the pre-war past, which had accumulated to the levels of justifying the Tamil youth’s militant make-over in the eyes of their societal and family elders – and sections of the international community, at times with retrospective effect.
For the present-day parents and their wards in the Jaffna University and other educational institutions in the Tamil-majority North, it may end up signalling the arrival of the new and youthful generation all over again in the Tamil ethno-political arena, which is otherwise dominated by the frustrations of an old, tired generation. The failure of the TNA to create a moderate, political second-line since the conclusion of the war may create the kind of vacuum that had existed at the time the Tamil youth took to militancy.
The credibility of the older generation is also coming to be questioned by the younger generation, while their loyalty to the Sri Lankan nation remains suspect in the eyes of the Government and the Sinhala-Buddhist nationalist forces. In the absence of clarity on where they were heading, or lead to by their otherwise respected polity, the confused youth of the previous generation took it upon themselves. They took to militancy.

Diaspora factor

The role of the Tamil Diaspora in whipping up pan-Tamil sentiments in those that are left behind at home, post-war, violence and destruction, need not be under-estimated, either. Their first-generation comprised not only those that ran away from the country, post-‘Sinhala Only’ and post-‘Sinhala Only’ violence. Among them were the Tamil militant youth of their generation, already angered by the Sri Lankan State and the Sinhala majoritarian mobs. They were also frustrated with the moderate Tamil political leadership even before it had all begun.
They were the ones who fed, financed and facilitated Palestine-type militant training to their second generation, often direct victims of majoritarian excesses and hunted down by the security agencies of the Government. There were then those that would disappear to the jungles, to join one militant group or the other, often without informing their parents, who would have none of it, whatever their ethno-political persuasion. For the next generation, the house searches were not for the Tamil youth, by the State agencies. To escape the LTTE’s hunt for child soldiers, the parents would often smuggle out their children elsewhere, to their own siblings and cousins, to grow up with. Not everyone was lucky enough.
If much of the Tamil Diaspora is perceived to be pro-LTTE, there is history to it. Yet, in the post-war, post-LTTE scenario, presumptions of their overreaching dominance of Tamil politics back home derives from perceptions of their visibility and role in influencing the international community at forums like the UNHRC, Geneva. It is here that moderates in the TNA get painted with the same brush by the authorities in Colombo. This is what has now descended to the Jaffna University campus – nothing more, nothing less.
The consequences are predictable. It is here that the TNA owes itself to the Tamil community. It is here that the Sri Lankan State, the Sinhala polity and moderate sections of the society owe to the nation. They would all have only themselves to blame in the written history of the future, taking them all away from the annals of war victory on the one hand, and balancing act of politico-ethnic moderation on the other. It did not serve any purpose in the past. It will serve none in the future, either.
(The writer is Director and Senior Fellow at the Chennai Chapter of the Observer Research Foundation, the multi-disciplinary Indian public-policy think-tank, headquartered in New Delhi. email: sathiyam54@hotmail.com)

Last Sunday, the body of a man was found on Marine Drive, his throat slashed. On the same day, an 80 year old was found in Mirihana, dead due to ‘mysterious circumstances.’ The very next day, a twenty two year old was killed in Boralesgamuwa- a case of mistaken identity. These are just a few of the tragic tales we read – tales of violence, which seem to be occurring with increased frequency. A crime wave is sweeping the country, many charge, and the Government is dragging its feet in terms of preventive measures. More ominous is the whispered claim that many of the offenders are either lower-rung ruling party politicians, or those who are ‘well connected’ politically. However, the police say that the crime rate is in fact on a downward trend, a claim that they support with statistics. The Sunday Leader sought the views of some prominent members of civil society on this issue.

J.C. Weliamuna

Prominent human rights lawyer and Executive Director of Transparency International, J. C. Weliamuna said that the issue of violence is not purely post-war. “This just shows that the police doesn’t have time to solve crime, because on the one hand they are entrusted to do things that the police is not supposed to do, for instance to be security guards to politicians,” he said.
In terms of root causes, Weliamuna said that he did not know of any survey done by criminologists or sociologists on the issue of rising violent crime. He added that Sri Lankan society had grown used to seeing killing, and added that impunity afforded to politicians often played a factor.
”The culprits of major crimes are mostly connected to politicians, especially those on the Government side. Even Opposition politicians can commit crimes with impunity and they can simply cross over and get protection,” he said adding that police would often not touch the case.
The law enforcement mechanism is subject to political dictates, he said- and often, law enforcement themselves are responsible. He cited the recent Welikada prison riot, saying the police response amounted to an ‘absolute crime’ with no justice provided for victims. Weliamuna also spoke of killings and abductions in the North and South, which to this day remain unsolved. The spike in violence can be seen even at the Magistrate Courts level, he added.
“Occasionally, you will see families murdered. Once, that was exceptional. These days, one day in court you will hear about the rape and murder of a family, or a large number of people killed in one place, and so many other crimes,” Weliamuna said.

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Professor Rohan Gunaratne

Security specialist Professor Rohan Gunaratne said that it was expected that there would be a rise in ordinary and serious crime as Sri Lanka was still returning to normalcy after three decades of conflict. The strategy to fight crime is not to address the symptom – the act of crime – but to take preventive and rehabilitative steps, he said. In order to reduce crime, the Professor said, three steps should be taken. First, National Crime Prevention Council should be set up where policemen build partnerships with community organizations, religious bodies, educational institutions and the media. Through neighbourhood watch programmes and essay competitions, for instance, a more disciplined society could be built, he said. The Government should also have a better rehabilitation system so that prison inmates and detainees do not go back to crime, he added. Claiming that Sri Lanka’s terrorist rehabilitation programme was hailed as a global model, he advocated using a similar model for prisoners as well. As a deterrent step, the Professor also called for the re-introduction of the death penalty for drug traffickers, murderers and terrorists.

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Professor Harendra De Silva

Professor Harendra De Silva provided some much needed insight into the situation, saying that the law of the land does not adequately deal with the crimes taking place today. ”The respect the common man has for the judiciary is lessened and the fear of committing crimes, even murder is less, as people are aware of the fact that the law does not apply to people in high positions,” said Prof. Harendra De Silva.
The professor also observed that during the conflict period, there were many deserters from the Army who were desperately seeking some sort of income. For many such persons, violence, including murder was nothing new. Many had become mentally aligned towards such heinous activities. Citing the period soon after the Vietnam War, the Professor pointed out that many soldiers returning from Vietnam to the United States suffered from Post Traumatic Stress Disorder that prompted them to take part in various sorts of violent behaviour. However, according to Police, in the year 2008, about 1924 murders took place. The data is not very accurate but it gives a picture of the violence that is steadily increasing in the country, said Professor Harendra De Silva. 579 people were killed this year alone up until November. While this is a drop from last year’s figures, what is disturbing is that reported crimes are growing steadily more violent; despite continued police presence and recruitment. Could this be, as Professor de Silva said, growing bravado due to political impunity? That is for the reader to decide.

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Murder In Dehiwala

Manjula’s brother Amila AND Manjula’s family

It was just around midnight when four youth came to meet Manjula Deshapriya at No. 2489 in Saranankara Road, Dehiwala on November 18. The woman, who owns the house Manjuala has rented, tapped on the door and said some persons from Manjula’s mother’s village in Galle had come to meet him. However, Manjula noticed that the group of visitors was persons whom he had frequently seen around the area. It appeared that the persons who had come wanted to speak to Manjula out in the open and there seemed nothing suspicious about it. It was an L-shaped lane and they began their discussion a few metres away from the house.

This is Manjula’s story:
They are not my friends, but I have seen them often. They were drunk. They said that one of their three-wheelers had been stolen and claimed that some of my friends were responsible for it. So you are also involved in it, so make sure that you return the three-wheeler.”
“I told them that, ‘I don’t know anything about it. I’m a mason earning daily wages. My mother is a domestic. We may be poor but we never resort to robbery. Please leave me alone,’ I said. However, they assaulted me several times and despite my pleadings, one person drew out a knife and threatened me. I was really scared. However, the others said it would do and they got on to a three-wheeler and left. I didn’t go home but walked to the Kohuwala Police. It was around 1 am and they told me it was handled by the Boralesgamuwa police and as it was not a very big incident, told me to make the complaint in the morning.” When he came home around 2 am all his family were outside the house and looking for him. After some time he went into the house to drink some water. Suddenly all heard Manjula crying out loud. Manjula’s younger brother Amila, who was suffering from a mental ailment, had been hacked to death on his bed. The assailants had entered the house from the back door and had murdered Amila mistaking him to be Manjula. He had been stabbed 18 times.

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Dr. Paikiasothy  Saravanamuttu

Meanwhile, Dr. Paikiasothy Saravanamuttu from the Centre of Policy Analysis said there were serious problems in terms of law and order and rule of law in Sri Lanka. Dr. Saravanamuttu said he needed to look closer at crime statistics before he could say if crime had, in fact, increased. He added that often issues which were buried in the background in the midst of war were often highlighted post-war, and thus this issue might have existed even earlier.
”Before we can say there has been an increase in violent killings, murders and lawlessness, we have to find out whether it is a consequence of the end of the war, of people having weapons and being able to use them, or…the unwillingness to deal with the problems that arose from war,” he added. Alluding to the popular speculation that army deserters were also behind some of the violence, he said that while he did not have evidence to support the claims, it would make sense that those who had witnessed scenes of terrible violence would inflict it themselves. “It might not be a primary cause, but it could be a contributing cause,” he said. “The population has been brutalised by war, and the value of human life has been degraded, sad to say,” he observed.

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Dr. Jehan Perera

Dr. Jehan Perera of the National Peace Council however was of the view that Army deserters were involved in the spike in crime, though he added that he had not done much research on the topic. “We need to invest in healing these people too, we can’t just ignore them. Just as we reach out to the Tamil people, we must reach out to these deserters too and give them healing. Using law and order alone isn’t enough,” he said.
”The increase in the level and brutality of violence is an indication that our society has still not healed from the war. Robberies and thefts have always been a problem. What is particularly a cause for concern is that these are now accompanied by murder,” he said. Dr. Perera attributed this to the fact that the war was brutal — a no-mercy war, on both sides, from the massacres at Mullaitivu when the army camp was overrun, and the surrender of police in the east, the execution of prisoners and the bloody final stages of the war.
However, Dr. Perera observed that the violence seen is happening despite massive investment being made in security and security forces. Therefore, he said, “A heavy responsibility lay upon Supreme Court judges for being the guardians and protectors of the constitution to uphold the canons of the constitution’s predominance and its supremacy over all other institutions and authorities. Alas, in Sri Lanka, the Supreme Court is itself under siege.” “There is a need for post-war healing.
The government must set the example. It has by far the most power and influence in the country. They have to make a special effort to restore moral order. What happened during the war must be made an aberration,” he said. He bemoaned the fact that people in power were openly using thuggery to get their way and called for Government leaders to set a good example.
“The police cannot act with the integrity they would like to act with as they are under the power of the same government leaders who use violence when they want to,” Dr. Perera said.  “I believe that in these dark times, we need our religious leaders to give moral leadership and educate people that outward rituals of worship matter not, and that we need to treat others with the same devotion and concern we treat our own,” observed Dr. Perera.

By David Stone

Floating armouries could be accused of transporting the arms for illegal purposes

The floating armouries are on the fringe of legality because they take on arms that belong to someone else (Company XYZ). This company has no connection with the owners of the floating armouries (Company ABC) and is in breach of their End User Certificate (EUC) and any other licenses they may have.
Any company, UK or otherwise that uses these legally ‘dubious’ methods of storage that are not controlled and owned by a government agency are in breach of their EUC’s. The UK companies in particular, owing to the draconian arms laws in the UK, will be heavily penalized because of this. UK companies holding the OGTL Maritime – Anti Piracy (Open General Trade License) and other UK licenses will not be able to legally store their weapons in this way.
Another factor that plays in this is that the registration of some of these vessels is of a highly suspicious nature, e.g. when you register a vessel as a fishing vessel, tug or pleasure craft and in fact use it for something else you are concealing the true commercial purpose of the vessel, and doing it in such a way that it is bypassing certain regimes e.g. inspections by oversight regimes for safety, pollution control, engineering and other inspections.
Companies that give their weapons to anybody that is not authorized to hold them can find themselves in breach of their EUC’s and any other export licenses they may hold -  as such they will also be in conflict with UN & International arms laws. They could be accused of illegal arms proliferation by transferring their weapons to a third party without proper authorization.
The Armouries could be accused of transporting the arms for illegal purposes, even though they are stationary- when the storage facilities are non-governmental & the storage facilities are private and are as such not recognized by foreign Governments. Sri Lanka is still on the “B” list of countries that require a special license from BIS (UK Secretary of State) to allow people to export SALW’s legally to that country, then this means that a private enterprise has control of a thirds party’s arms.
In short an EUC is a sworn statement signed by the END USER that the mentioned items on the EUC will not be transferred to a third party, amongst other stipulations. Therefore, if these items listed on the EUC are given to a third party there is a breach of the sworn statement given by the End User.
UK registered PMSC’s or even PMSC’s registered in foreign countries owned by UK citizens must abide by the UK government’s export control dept. laws (BIS) – (SPIRE). There are various licenses that can be obtained to allow a (for this purpose UK PMSC) to be able to work in the Maritime Security arena as an Anti-Piracy company.
“Maritime Security is not just about Anti – Piracy, it includes all areas of the Maritime security aspect which include but are not limited to Port Facilities, Pollution, Fisheries, Oil and Gas installations”,  in fact all areas that have anything to do with the Maritime areas. Anti-Piracy is a small part of this arena.
Companies wishing to work in the armed areas of this must abide by Flag and port state laws. Whether or not they (UK PMSC) can operate without a license from the UK BIS dept. is highly debatable. In international waters the laws of flag state of the particular vessel apply on the vessel transiting international waters. So a UK flagged vessel would require flag state permission to have armed security onboard. However when that vessel enters the contiguous zone (24nm) they can possibly come into conflict with the Port State laws, anyway, whenever they are in territorial waters (12nm) the laws of that port state apply. Some countries do not like weapons in their territorial waters (understandable), therefore the weapons must be declared, normally minimum 24hrs beforehand and locked in a safe with the master and/ or the person responsible for the weapons holding the keys.
The UK BIS recently issued the new OGTL Maritime Anti-Piracy license, but failed to take into account the UNCLOS (United Nations Code on the Laws of the Sea) whereby it states that “Under Article 91 of the United Nation Convention on the Law of the Sea, the ship “takes on the nationality of the State whose flag they are entitled to fly.” The status of these ships is defined in Article 92 that states that the ship shall “sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. Further to this, the ship may not change its flag change during a voyage or while in a port of call unless there is a real transfer of ownership or change of registry.” Those familiar with Port State Control issues will understand this issue clearly.
So, consider this…where the law of flag doctrine provides that a merchant ship is part of the territory of the country whose flag she flies (from US interpretation of the international law through Justice Garza), can UK companies provide armed services to vessels whose flags are listed on the Schedule of the OGTL Maritime Anti-Piracy amendment (including countries such as China and Liberia)? These two countries are on the list as countries that are not allowed to have arms exported to thereby denying UK PMSC’s the right to work legally on vessels flagged with either Chinese or Liberian flags, in 1986 vessels with over 17 million DWT flew the Chinese flag, which amounted to 46.3 per cent of the aggregate international shipping tonnage. In 2009 the size of the Liberian flag fleet grew to a record 3,140 ships, aggregating 97.2m gross tons. That is quite a chunk of the market for UK PMSC’s not to be able to work on legally.
Unfortunately there will always be those companies that only think in terms of money and are not interested in quality, compliance and safety, this applies obviously not only to UK PMSC’s but to all PMSC’s in whichever country they are registered that carry out this kind of business.
It is still possible to “rent” from Sri Lanka military weapons for armed security companies to carry out transits, this happens on a daily basis and not only in Sri Lanka but places such as Djibouti also issue licenses and rental weapons to “paying customers”.
This is also a highly “dubious” practice considering UN and International arms laws. How can a country rent out Military weapons even with a so called “Guardian” that accompanies the weapons?  Obviously these countries have their own national laws that apply to their territorial waters & contiguous zone.
The problem is that these weapons go further than that and often transit the whole of the Indian Ocean to end up in countries like Kenya, Tanzania, Mozambique, Oman, Egypt etc. From there it is the responsibility of the PMSC that “rented “them to return them to the home country where they came from. This is not always possible which is why the “boom” in Floating armouries has happened, being in place in “OPL” Fujairah, 17N Latitude (Red Sea), Sri Lanka, West coast of Africa etc.
There are PMSC’s that pay on a monthly basis thousands of US Dollars just for a “license”, the rental fees & floating armouries are on top of that. If the weapons are stored in a Navy or Police armoury there are also charges but nowhere as near as what is being asked for by the floating armouries plus the fact if stored in governmental armouries they are legally held.
The business of Anti-Piracy operations is an extremely profitable one but I must ask myself sometimes who the real pirates are? – David Stone commented on our internet edition www.thesundayleader.lk

For those who are troubled by the muted voice of democracy in our country, the Presidential debates in the United States between the incumbent Barrack Obama and his challenger Mitt Romney should come as a sterling inspiration of what a society made up of free men is all about. In order to win the privilege of leading the most powerful nation in the world, these two men have to face public scrutiny to a degree very few humans have had to undergo. Even when elected to office, the public/media focus on the chief executive is relentless. No American politician, leave alone the President, will think of personal aggrandizement the way so many Middle Eastern and African leaders do. The media and of course the people in that country are too free for that to happen.
In the process of these grueling Presidential campaigns we see the concept of holding public office in a democracy being redefined. As had happened repeatedly in recent history, the standards set by that extraordinary country may eventually become a benchmark to measure the reality of other purported democracies.
One thing clear to a viewer of these debates from an ‘older culture’ such as Sri Lanka’s, would be the absences of obvious pretences and poses in the two presidential candidates. Neither candidate claims office on the basis of a ‘family tradition’ or some such thing. Barrack Obama for all his undoubted talents was an obscure community organizer in Chicago. His ancestry can be traced to the dark chapter of African slavery. Most countries, including our own have historical experiences of slavery in various forms. But even today very few cultures have given descendents of such disabilities the opportunities that Obama has had in his life.
Mitt Romney typifies the famous ‘American dream’, a battler who through his hard work has amassed an impressive wealth and eventually ventures into public life. Romney does not hail from a rich and famous family.  Coming from modest beginnings he has experienced many hardships in his life. But today he is knocking on the door to becoming the world’s most powerful man. Whoever eventually wins, there is something inspiring about a system and a people that make all this happen.
In Sri Lanka too we swear by the idea of democracy. We have many  institutions, of course foreign in the sense that  none originated from our own history ethos or ideas, such as a parliament, an independent judiciary, a constitution , a free  media, regular elections,  etc. which are taken as standard features of a   functioning democracy.
Nevertheless, these foreign concepts have found root, if not exactly flourished, in a manner, in our country. Although the actual meaning of these foreign concepts have been distorted due to our uncertain grasp of their essence and spirit , it is noteworthy that many of the symbols of the institutions that represent them such as the structures, systems, wigs, robes, the mace and the coat of arms have been replicated here. As we know these symbols have no historical or cultural basis in our national evolution.  When there is a formal state function, we even make it a point to have a mounted cavalry leading the procession, just like in England.
But that gap, huge and obvious, between the cultures that created the various ideas of democracy and that of the imitators goes to create anomalies which are in reality tragicomic.  In the mind of the imitator, an election victory can be won by intimidation, ballot stuffing or impersonation and yet have the same legitimacy. Political office in the countries of the imitators is not only a license to serve the people; it is also a divinely given opportunity to promote oneself to the ranks of the wealthy, and of course respectability.
In the originating cultures politics is not a vocation in a general sense. You come forward when sufficiently prepared and move out while still able. But the imitators take great pride in taking to politics when in their late teens and thereafter desperately try to hog the public stage until or unless terminated by mortal limitations. In true democracies a politician does not become rich doing politics. In the lands of the imitators the politicians while in public office enrich themselves in every possible way.
As we know in the United States the presidential elections will be held on the 6th of November, the first Tuesday of that month. But the winner, even if it is the challenger Mitt Romney, will assume office only in the third week of January next year. In the lands of the imitators such a long wait by the winner, especially if he was the challenger would lead to a blood bath. The winner will be too impatient while it will be assumed that the losing incumbent will attempt to sabotage a smooth transition.
It will not ever occur to any democratic leader to bring his family members to public office in a whole-scale manner. The underlying principles of elections, party system, avoidance of conflict of interest situations, division of power and the need to be fair, etc. militate against such actions. It is true that President John F Kennedy brought his brother Robert Kennedy while more recently we had the case of Bill Clinton bringing his wife Hillary to public office. But the merits of these two individuals are so overwhelmingly obvious that their appointments can hardly be considered as instances of nepotism. Barrack Obama who had to overcome a spirited challenge from Hilary Clinton for the nominations of the Democratic Party ended up inviting her to be his Secretary of State. Such is the general recognition of her talents and capabilities.
It is very clear that democracy cannot be really practiced as an imitation of a foreign idea, and that too only imperfectly understood, by the imitating culture. No mimic can really equal the original. In such situations the very institutions that represent those ideas end up as grotesque caricatures of the real thing. We can have a judiciary pronouncing independence in a very artificial way. But in reality it could be manned by persons who have no concept of a life of real independence. Similarly, we can have a media declaring that it is free, unbiased and intelligent, but in reality having little of those attributes.
For sure, we want to be considered a democratic country. A lot depends on that, including aid and investments. Even our Constitution declares us a democracy.
And we cannot be a democracy unless we have elections, a parliament, a free media and an independent judiciary. So there is a need, even as a showcase to imitate all these institutions. Seeing the pathos of the workings of these institutions in the imitating countries the creators of those institutions can very well tell us that “imitation is the sincerest form of flattery ….”

Navi Pillay High Commissioner for Human Rights

Extracts from the Summary prepared by the Office of the High Commissioner for Human Rights for the Working Group on the Universal Periodic Review- November 2012

AI noted that in September 2010, Sri Lanka enacted a constitutional amendment, which abolished the Constitutional Council and replaced it with an advisory Parliamentary Council, empowering the President to make direct appointments to the HRCSL and other key institutions, including the Judicial Service Commission, the Public Services Commission and the National Police Commission. According to AI, this has destroyed the political independence of these commissions. Joint Submission 1 (JS1) expressed a similar concern.

Institutional and human rights infrastructure and policy measures

Whilst noting Sri Lanka’s voluntary commitment to strengthening national human rights mechanisms and procedures by initiating a national plan of action on human rights during the previous UPR, AI stated that progress on this commitment had been extremely slow. AI specified that the Cabinet approved the proposed Action Plan in September in 2011 and appointed a sub-committee to oversee its implementation in February 2012, but there has been little progress on implementation. AI expressed the view that this National Plan of Action on Human Rights (NHRAP) must not become another vehicle to evade international scrutiny and delay necessary reform.

Right to life, liberty and security of the person

Referring to the accepted recommendation in the previous UPR to prevent kidnapping, enforced disappearances and extrajudicial killings, CWVHR stated that many enforced disappearance cases were part of a wider pattern of arbitrary arrests and detentions. Front Line Defenders (FLD) and Migrant Rights Group International (MRG) noted the continuing cases of abduction and enforced disappearance.
AI continued to receive reports of enforced disappearances, including activists protesting human rights violations by the authorities. Those at particular risk included Tamils who have an actual or perceived association with the Liberation Tigers of Tamil Eelam (LTTE) and recommended taking immediate and effective measures to investigate all acts of torture and ill-treatment, and prosecuting and punishing.
According to CIVICUS, a number of members of civil society organizations and individual activists exposing human rights violations have been abducted to prevent them from continuing their work. The state media and news outlets controlled by the Government had been running a slanderous campaign against human rights defenders engaged in activities at the UN Human Rights Council accusing them of being traitors and aligned to the LTTE.
Human Rights Watch (HRW) stated that since 2008, no measure had been taken to prevent threats and violence against those who are critical of the Government, and prosecute those responsible. The Government and state media engaged in threatening criticisms of specific human rights defenders and journalists who supported the Human Right Council resolution in the months leading up to the March 2012 HRC session. Tamil Youth Organization (TYO) expressed a similar concern. JS1 also stated that human rights defenders had been systematically denigrated and their work disrupted, which made the climate for engaging in human rights work both challenging and dangerous.
CIVICUS recommended that Sri Lanka adopt a national policy on the protection of human rights defenders to ensure investigation of complaints regarding attacks on them by an independent investigative agency and/or senior police officers. FLD recommended conducting an independent inquiry into the source of threats, ill-treatment, and all forms of intimidation and harassment directed towards all human rights defenders.

Administration of justice, including impunity, and the rule of law

JS1 stated that the review period witnessed a further deterioration in the rule of law in Sri Lanka with challenges ranging from the increased centralization of power by the executive and politicization of independent institutions to the lack of investigation and prosecution into serious human rights abuses and the introduction of draconian security laws, all of which contributed to the consolidation of a culture of impunity.
According to AI, impunity for human rights abuses is perhaps the greatest obstacle to reconciliation in Sri Lanka.
CWVHR stated that Sri Lanka had consistently failed to apply the rule of law and due process in prosecuting war crimes on both sides and in legal proceedings relating to prisoners. This was due to politicized, weak and corrupt police, public service and judiciary. CSW recommended taking significant steps to bring an end to the climate of impunity within the state.
People for Equality and Relief in Lanka (PEARL) stated that impunity reined which the Government had repeatedly made promises to set up commissions of inquiry for accountability and recognition of crimes.
HRW stated that since the war ended, the Government had not launched a single credible investigation into alleged abuses.
JS7 noted that the remedy of habeas corpus in Sri Lanka had proved an ineffective remedy due to long delays in the disposal of complaints; lack of cooperation from security agencies and increasing unwillingness of the judiciary to exercise its duty to protect the liberty of the individual.
ICJ recommended enacting habeas corpus legislation clarifying that the applicable standard of proof imposed on the petitioner is “balance of probabilities”.
AI noted the establishment of Lessons Learnt and Reconciliation Commission (LLRC) in May 2010 to investigate events between the February 2002 ceasefire with the LTTE and the end of the conflict in May 2009, which was, in the view of AI, neither independent nor impartial in composition or performance.  AI also noted that the UN SG’s Panel of Experts on Accountability in Sri Lanka, established in June 2010 reached similar
conclusions, particularly in relation to the LLRC’s lack of witness protection.
According to AI, the LLRC acknowledged that civilians, including those in hospitals, suffered directly as a result of LTTE and government shelling, but was unable to establish the facts about the conduct of the armed conflict.
AI further alleged that the LLRC’s rejection of allegations that the Government had targeted civilians and deliberately downplayed the number of civilians caught up in the final phase of the conflict was not backed up by evidence.  In addition, AI recommended that no amnesties be considered or granted to perpetrators of violations of human rights or humanitarian law identified by the LLRC investigations, regardless of their status or role in the Government.

Human rights and counter-terrorism

AI noted that the PTA, which permits extended administrative detention, had been retained. According to AI, the authorities introduced new regulations under the PTA to continue detention of LTTE suspects.
ECCHR also noted the high level of militarization in the North and East. The PTA has empowered members of the police and military to search and question Tamil women suspected for association with LTTE creating a climate of intimidation.

Situation in or in relation to specific regions or territories

CWVHR noted that the majority Tamil Northern province of Sri Lanka was under intense militarization. According to MRG, in the Jaffna peninsula, there are some 40,000 army personnel, a ratio of approximately 1:11 of military personnel to civilians. The situation in Vanni is much worse with the ratio reportedly being 1:3. The military has been given key civilian administrative positions, including the Governors of the Northern and Eastern Provinces.  GTF expressed a similar concern.

By Dinouk Colombage Pictures by Thusitha Kumara

Without any warning the cinema has been demolished and Illegally locked out from their own premises

The Urban Development Authority’s (UDA) demolishment of the Central Cinema in Maradana appears to be illegal with inside sources claiming a permanent stay order had been issued against the UDA preventing them from entering the premises back in 2005.
The Central Cinema is owned by Imtiaz Cader Director of Cinema Entertainment, who is also the owner of Liberty Cinema.
The UDA has said that the lack of payment of taxes by the cinema owners was the reason behind the seizure of the premises. However, sources countered these        allegations claiming that all payments are up to date.
According to the sources all taxes have been paid in full and before the due date so as to avoid this sort of issue. They also said that in 2005 the cinema management had obtained a permanent stay order against the UDA which prevented them from entering the premises due to interference by them in the running of the cinema.
Director of the Enforcement Division (UDA), G. Abeygunawardana, said that the owners had not paid the taxes for the cinema property and so the land was reacquired. He did not specify who acquired the land or on what orders the UDA was dispatched.
However, the sources denied that this was the case adding that “the UDA or the CMC (Colombo Municipal Council) had not given any prior warning. If taxes are not paid then it is the duty of the CMC to give a warning to the owners, not the UDA.”
Abeygunawardana denied that no prior warning had been given saying “of
course notification would have been sent to them. We have also obtained a court order allowing us to enter the premises and demolish the old building. If we had not followed procedure then a court order would not have been issued.” He      denied any knowledge of a permanent stay order being issued against the UDA.
Sources questioned how a court order could have been obtained if there was an existing permanent stay order against the UDA. “To date there has been no contact from the UDA, they sealed the premises and then demolished it,” sources said.
Abeygunawardana said that the cinema was demolished as it was in dilapidated state, and that the area would be redeveloped. He did not say what the land would be used for.
Sources have claimed the opposite, saying that for numerous years they had approached the UDA to help develop the premises only to be met with no response.
The CMC authorities were unavailable for comment on this issue.
On Friday (June 6) security forces surrounded the Central Cinema in Maradana following the final screening of the day. They notified the cinema management that they had been sent by the UDA and were acquiring the premises. The management was given a few hours to remove their equipment from the cinema before it was sealed up.
On Tuesday (June 10) members of the UDA, accompanied by police and army personnel, demolished the cinema with the use of heavy machinery.
The Central Cinema, one of the first in the country, had been in operation for over 65 years and had been the recipient of presidential awards. At one time it was classed as an “A” class cinema, before continual interference by the government led to management neglecting it.