By Camelia Nathaniel

Reading leaflets distributed during a protest campaign over the hike in electricity tariff.

Private and Public sector employees are disgruntled with not receiving their long due Cost of Living payment when they are facing the sky-rocketing cost of living.

Due to the government’s failure to gazette the Cost of Living Index new value, many employers calculate the cost of living allowance based on the old unit value of Rs. 180. As a result, many employees are facing severe hardships because they receive very slow increase in their salaries in comparison to the skyrocketing cost of living. Stagnating wages and rising cost of living continue to push household budgets beyond breaking point.

Market Basket

UNP parliamentarian Ravi Karunanayake told The Sunday Leader that according to the statistics of the Hector Kobbakaduwa Research Institute the market basket of a family of four was Rs. 46,500.

“However their current income is not even close to this level creating a huge problem. We are forcing the government to come out and say what its answer because even government institutions are saying so? Government does not provide them with any direction, assistance or no way forward,” he said.

About three years ago Karunanayake said that the Colombo Consumer’s index had been changed, and although the opposition had pointed out the error, the government ignored opposition’s concern. “According to a family per capita income the families’ highest expenditure is on liquor and cigarettes. We don’t understand what the government is doing. It is tampering with the figures for its benefit not taking corrective measures yet,” he added.

Commenting on the stagnant wages Karunanayake said that the government was exploiting the situation to deceive the people.
“The cost of living index was earlier linked to the wages. But now they have completely taken the link away while adding certain things as and when they feel like it, and that is how things have been going on for the last three years, remorselessly ignoring the fact that this is part of the legislation. So this is the government we are talking about. It hoodwinks the people every day, but people are giving into them,” he said.

Head of the National Trade Union Centre (NTUC), K.D. Lalkantha analysing the cost of living between the first quarter of last year and this year said that in the first three months of 2012, the monthly minimum expenditure for a family of four stood at Rs. 43,773.

The real CoL

“It is made up as follows; in January 2012 the Cost of Living Index unit was 154.8, meaning the market basket value would be Rs. 43,344. It is so because the value of each unit is at Rs. 280.00. In February the index increased to 155.04, and when you multiply it by 280, the value of the market basket stands at Rs. 43,512. By March the index was 158.08 and when that is multiplied by 280 the value of the market basket stands at Rs. 44,064. If you take the average value for the first three months, the value of the market basket is Rs. 43,773.

“When we look at the figures of January 2013, the cost of living index unit stands at 170, meaning the market basket value would be Rs. 47,600. It is so because the value of each unit is at Rs. 280.00. By February the index increased to 170.7, and the value of the market basket stood at Rs. 47,796. By March the index was 170.8 and when that is multiplied by 280 the value of the market basket stands at Rs. 47,824.

If you take the average value for the first three months, the value of the market basket stands at Rs. 47,740. The difference between the first quarters of last year and this year is an increase of cost of living by Rs. 3,966. However the income per family has not increased to match with the rising cost of living. The country has 6.5 million private sector work force and the 1.3 million public sector employees and the total is 7.8 million, but they have not received any increase in salaries. Hence the worker’s purchasing power has decreased by Rs. 3,966 from the first quarter of last year to the first quarter of this year. So, under the present government people are forced to cut down on their expenses to make ends meet,” he said.

Governmental ignorance

Meanwhile, the head of the Inter Company Employees Union (ICEU), Wasantha Samarasinghe said that private sector and public sector employees have been burdened with severe injustice because of the government’s inability to gazette the Cost of Living index since 2010.

“The cost of living index was gazetted in 1952, based on data from 2002 a unit of the cost of living index was valued at Rs. 180 in 2010. This conversion rate was decided to be Rs. 67.00 taking into account the 180 increase for statistic adjustments. However the employers’ federation insisted that they might have been paid only the Rs. 67.00 increase because it was the gazetted figure. We have been opposing this decision continuously for the past three years asking the government to rectify this error and to gazette it.

However based on figures of 2006 -2007, the value of the market basket was estimated and published in 2009 as Rs. 27,976.00. They published the value of the market basket as Rs. 17,996.00 in 2002 when the cost of living index was estimated at 180, and then according to the market basket value of Rs. 27,936.00 in 2009 the Cost of Living Index was estimated at 280. Therefore, the government should gazette the Cost of Living Index as 280,” he explained.

However since 2010 President Mahinda Rajapaksa could not give the necessary instructions to gazette it. Therefore workers of certain state, semi state and private institutions including banks face great obstacles in receiving salary increments to match with the sky-rocketing cost of living.

“The Cost of Living Index by the end of March indicates the value of a market basket for a family of four should be Rs. 47,824.00. But if you take into account the increase in unit value for the past 12 months, it has increased only about 15 units – Rs. 4300,00. The employees do not receive salary increments to match with the increase in the COL, purely because the correct index was not gazetted. Non-gazetting the cost of living index severely affects about three million workers,” Samarasinghe added.

Freezing the CoL Index

According to Samarasinghe, certain private companies decided to freeze the Index value by paying a lump sum to their employees to prevent it becoming an issue.
“In certain instances we had to agree to 67, 104, 117 etc., until it is gazetted to reach an agreement. The most crucial factor is the privileges enjoyed by the employees now they do not receive because of the government’s stubborn decisions. Since the living standards of the people have changed, the cost of living index has to be amended accordingly,” he said.

“It is being revised every five years. The last revision ended in 2012 and a new index needs to be gazetted this year,” he said.
However the trade unions have expressed doubts whether the government is going to do it, since the cost of living index now is about 480.

“The government would not gazette the index because when they do the employees will realise that their salaries have not increased to match with the increase in the cost of living. The irony is that the president while claiming that he was a labour force leader, and while having the power to do justice to the workers is depriving them of their privileges. We have been told that the Minister of Labour had intervened on behalf of the workforce, yet we have no faith that his intervention is sufficient to win the workers’ rights because today all our cabinet ministers have become puppet. They are being manipulated by the whims and fancies of the leading family.

The labour minister can gazette the Cost of Living Index only if the president approves it. Although the Census and Statistics Department and the Ministry of Labour jointly came up with a Cost of Living Index, they have not considered employees’ cost of living increments. This has become a grave dispute within the companies. I believe that this situation has been deliberately designed by the government, and to rectify it the Minister of Finance should instruct the Secretary of the Finance Ministry to gazette the Cost of Living Index, but they won’t do it,” Samarasinghe observed.

He added that on one instance the Census and Statistics Department Director General had drawn up the gazette notification putting the Cost of Living Index as 180, but she was not allowed to present it.

Strike action

“The government and the employers prevented her from doing it. She said that although she has gazetted the cost of living index earlier, under the present instruction of the Secretary of Finance Minister, she could not do it now without the Finance Minister’s approval – the president. The government has somehow manipulated the situation favouring the employers thereby depriving the labour force of their grant to the extent of Rs. 300,000. The only thing that the president and his government have succeeded in doing for the past seven to eight years is to keep piling the burdens on the employees and filling the employers’ pockets.”

He further said that the ICEU has by now drawn up the necessary documentation to take this matter before the courts, and warned that a strike has been scheduled on May 21 against the increase in fuel prices.

“We have also drawn up plans to take the matter of cost of living index not being gazetted to court,” Samarasinghe said.
The majority of the workforce is sceptical about receiving any sort of pay rise this year even though the prices of goods sky rocketing. There is widespread anxiety among consumers about rising living costs. Many believe that things could only get worse because the government is oblivious to the ordinary people’s burdens.

By Mandana Ismail Abeywickrema

K. M. Wijerathna, A. G. Sunil Ranaweera, Anura Kumara Dissanayaka and K. D. Gunarathna

The JVP has vowed to continue to demand justice for the comrades killed en masse in Matale during the insurgency in the 1988-1989 period.

Following the discovery of the mass grave in the Matale Hospital premises and the announcement made by court that the skeletal remains belonged to the period of 1986 and 1990, the JVP says that it is now clear that the remains unearthed from the mass grave are of persons killed during the insurgency in the late 1980s.

The party has also expressed a lack of faith in the proposed Presidential Commission to inquire into the Matale mass grave.
According to the JVP, it is yet another tactic to buy time to caste aside the matter.

The question posed to the government is why a Presidential Commission is needed to probe the mass grave when the Judicial Medical Officer of Matale Dr. Ajitha Jayasena and Prof. Raj Somadeva of the Post Graduate Institute of Archeology have already informed court the time period of the mass grave and the fact that the skeletal remains unearthed had been subjected to torture.

The judicial medical report has stated that the skeletal remains had been subjected to torture while some skulls and body parts have been cut away by a saw like instrument and electric wires used to electrocute persons as forms of torture have also been found among the skeletal remains.

Evidence sufficient

Attorney H. M. Sarath Wijeratne who is handling the matter of the Matale mass grave on behalf of the party said that the evidence presented was sufficient to prove to the country that murders have been committed.

He observed that the court, through the Judicial Medical Officer, has determined that the skeletal remains belonged to 88 – 89 period and according to criminal law that matter cannot be pushed under a carpet and legal action can be taken whatever period it belongs to.
“The police now have an opportunity to fulfill justice,” Wijeratne said.

Several persons who had lost their loved ones during the 1988-1989 insurgency in the Matale area spoke to the media at the JVP headquarters on Wednesday (10).

K. M. Wijeratne said that the Army killed his second brother when he was in hiding.

“When my youngest brother was in the vegetable plot with his friend the Army took them away at 2.00 a.m. They were detained at Vijaya College for about one and a half weeks. He disappeared later,” he said.
He added that even his brothers’ bodies were not found.

“It was my eldest brother who was taken in next. Army personnel in civilian clothes took him away from home. He was detained atThavalamkoiya camp and to date we do not have any information of what happened to him,” Wijeratne said, adding that he suspected that his brothers might have been buried at the Matale mass grave.

K. D. Gunaratne also said that he too believed the remains of his brother might have been buried in the grave at the Matale Hospital.
He said that his elder brother K. D. Ilangaratne had gone to the Matale town on November 13th 1989 when an unidentified group abducted him.

“We still don’t know his whereabouts. I suspect that my brother’s skeleton could be in this mass grave,” he observed.
Speaking about his lost cousin, Sunil Ranaweera said that his cousin lived in a house at in Rattota in November 1989.

JVP’s firm stand

“An Army group had arrested the youths in the area during this period and my cousin was also taken in. They were detained at Vijaya College in Matale,” he said.
According to Ranaweera, his cousin was tortured by the Army and was hospitalized.
“We later heard that he was murdered. I do not have even a photograph to show,” he said adding that the murderers should be brought to book.

During the 1988-1989 period, Gajaba Regiment had a camp at Vijaya College while a torture chamber was operated at the nearby Matale rest house.

JVP politburo member and parliamentarian Anura Kumara Dissanayake said that justice must be meted out to the comrades killed during the 1088-1989 period.

“The JVP will not allow this matter to be swept under the carpet like the rest. We will not stop until justice is served,” he said.
He called on President Mahinda Rajapaksa to show his sincerity to the cause of bringing justice to the youths killed during the late 1980s.

“The President who was an opposition MP at the time championed as a human rights activist by taking the case to Geneva. He can now show whether he was genuine in his actions or whether it was a double game played to gain power,” Dissanayake charged.

The JVP is also exploring the possibility of initiating legal action to bring the persons responsible for the Matale mass grave to book.
“We want to see if we should file a fresh case or join the ongoing case and make representations,” Dissanayake observed.
He explained that the murderers and those responsible for the murders are disturbed and are showing such signs through their recent statements.

“The statement made by the UNP about the mass grave and the recent statement made by the director general of the MCNS Lakshman Hulugalle also show that some people are disturbed by this incident,” Dissanayake said.

“It is not only the UNP, but, surprisingly the government is also disturbed by the mass grave,” he added.

All these, he said created a reasonable doubt whether there would be an attempt by the higher offices in the government to cover up the issue of the mass murder in Matale without taking appropriate action.
“There is a need for an independent judicial process to address the mass grave issue or else priority should be given to it even in the existing court system,” Dissanayake said.

IGP Reported Of Suspicious Activities At The Mass Grave

JVP Leader Somawansa Amerasinghe on Wednesday (10) night had written a letter to the IGP regarding a covert Army operation at the Matale mass grave.

Amerasinghe has noted that the JVP Matale District organizer had informed him of a suspicious Army activity at the mass gravesite on the 10th night.
The JVP leader has stated in his letter it is in response to the telephone conversation he had with the IGP at 10.28 p.m. on the 10th.

The JVP Matale District organizer had informed Amerasinghe that a group of persons dressed in fatigues had arrived in a Bolero vehicle at about 9.00 p.m. and had carried out some suspicious activity.

Amerasinghe has reminded the IGP that a judicial process was on going regarding the mass grave and has noted that the purpose of bringing the incident to the attention of the IGP is to ensure that the legal procedure could be carried out without any hindrance and for him to take necessary action.

While the Commonwealth Secretariat insists that no foreign government has formally requested that the Commonwealth Heads of Government Meeting (CHOGM) scheduled to be held in Sri Lanka this year be shifted out over human rights concerns, a last minute push is now underway with parties urging their governments to make that move ahead of the Commonwealth Ministerial Action Group (CMAG) meeting to be held later this month.

A Commonwealth Secretariat spokesman had told The Sunday Leader recently that Sri Lanka is not part of the CMAG agenda this month but it is now understood that attempts are being made to discuss Sri Lanka outside the main agenda.
The current membership of CMAG is Australia, Bangladesh, Canada, Jamaica, Sierra Leone, Tanzania, Trinidad and Tobago and Vanuatu.

Stephen Harper

The main push to have the Commonwealth summit shifted out of Sri Lanka is expected to come from Canada with Canadian Prime Minister Stephen Harper already issuing a warning that he may boycott the summit if there is no progress in Sri Lanka on the human rights issue.

Last week Canadian opposition Liberal Party leader Bob Rae added to the chorus calling on the Canadian government to stick to its word and boycott the summit in Sri Lanka.

“There is neither truth nor reconciliation after the end of the civil war. Ethnic and religious discrimination is growing, not decreasing. Attacks on journalists and opposition politicians are getting worse and more lethal. The abuse of the rule of law is increasing; the impeachment of the country’s Supreme Court Chief Justice was a deep abuse of power. The situation has escalated to such a degree that Canada can no longer in good conscience attend the upcoming Commonwealth Heads of Government Meeting in Colombo. The Sri Lankan regime has not earned the right to host this international summit, and we urge other states to boycott the meeting and push for a change of venue. The Commonwealth is too important to allow its business to be disrupted by a single rogue member’s violation of the association’s beliefs and values. Canada must work with other member states to create stronger mechanisms to deal with governments failing to uphold the Commonwealth’s shared commitment to democracy, human rights and the rule of law,” Bob Rae said.

Another push is coming from leading human rights groups like the US based Human Rights Watch. The rights group has sent letters to Commonwealth heads recently expressing grave concern about the Commonwealth’s decision to press forward with the holding of the CHOGM in Sri Lanka in November 2013.

“A summit in Sri Lanka will cast serious doubts on the Commonwealth’s commitment to supporting human rights, democratic reform, and fundamental human rights enshrined in the Commonwealth Harare Declaration of 1991.[1] Holding the summit in Sri Lanka is likely to prove to be a major embarrassment to the Commonwealth and its participants,” Asia Executive Director of Human Rights Watch, Brad Adams said in the letter.

Adams noted that Commonwealth concerns about human rights violations perpetrated by Sri Lankan government forces during the war prompted Commonwealth leaders in 2009 to defer a decision on Sri Lanka’s candidacy to host the summit.
“Despite the failure to bring the perpetrators of these and other abuses to justice and a worsening human rights situation that include clampdowns on basic freedoms, attacks and threats against civil society, and executive actions that imperil Sri Lanka’s democracy,

Commonwealth leaders in 2011 agreed to allow Sri Lanka to host the 2013 summit,” Adams said.
He said that since then, impunity for past abuses has continued and democratic space has been severely narrowed.
He also noted that despite credible allegations by both the United Nations Secretary-General’s Panel of Experts and the government’s own Lessons Learnt and Reconciliation Commission (LLRC) of numerous violations of the laws of war, the government has undertaken no serious investigations or prosecutions.

Human Rights Watch says the government should not receive the honor of hosting the Commonwealth summit unless it makes major progress, particularly in accountability for alleged war crimes, crimes against humanity, and other serious conflict-related abuses; loosening restrictions on and ending threats and harassment against civil society activists and journalists; and conducting credible investigations and prosecutions of ongoing rights violations, including extrajudicial executions, enforced disappearances, and torture.
Human Rights Watch is also deeply concerned that in addition to hosting the 2013 Commonwealth Summit, Sri Lanka will also hold the chairmanship of the Commonwealth from 2013 to 2015.

“Handing Sri Lanka leadership of the Commonwealth at a time when democratic institutions are under direct and sustained attack by the Sri Lankan government will be an affront to the victims of rights violations in the country and around the Commonwealth,” Adams said.

The government is however undeterred by the attempts to have the summit shifted out and is going ahead with plans to host the conference as scheduled.

A committee handling the hiring of equipment and other items for the summit has called for tenders for such items.
The External Affairs Ministry is also confident the summit will go ahead in Sri Lanka as scheduled and refers to a statement made by the Commonwealth Secretariat last month.

In that statement the Secretariat said that the choice of each CHOGM venue is a collective decision taken by Commonwealth leaders.
At the 2007 CHOGM in Kampala, Uganda, Heads took note of the offer from the President of Sri Lanka for his country to host CHOGM.
At their meeting in Port of Spain, Trinidad and Tobago, two years later, Commonwealth leaders accepted the offer from the Prime Minister of Australia to host the 2011 CHOGM. They also accepted the offers of the President of Sri Lanka and the Prime Minister of Mauritius to host the 2013 and 2015 CHOGMs respectively.

At the meeting in Perth, Australia in 2011, Commonwealth Heads of Government reaffirmed their decisions to meet next in Sri Lanka in 2013 and thereafter in Mauritius in 2015. They also welcomed the offer by Malaysia to host the 2019 CHOGM.

As a result, the Sri Lankan government does not foresee any last minute move to shift the venue of the November meeting.
Meanwhile, adding to the pressure of demands for low level participating at the summit, if the summit is to go ahead as scheduled in Sri Lanka, is now coming from the Indian main opposition.

Senior BJP leader Yashwant Sinha urged Indian Prime Minister Manmohan Singh to skip the summit. Addressing a hall meeting on the Sri Lankan Tamils issue in Chennai last week, Sinha said India was the pivot of the Commonwealth body. “If India does not go there, CHOGM cannot be held,” he said.

The BJP leader also called for the suspension of Sri Lanka from the Commonwealth membership by the Commonwealth Ministerial Action Group for violations of the Harare Declaration. “The CMAG is responsible for protecting democratic values and any country which acts in violation of those norms or human rights can be suspended if allegations are proved,” he said. “This is where India should take action and see that Sri Lanka is suspended.”

Tamil Nadu Chief Minister J. Jayalalithaa and India’s DMK president M. Karunanidhi have also called for a boycott of the summit.
Jayalalithaa and Karunanidhi demanded that the venue for Commonwealth Heads of Government Meeting be shifted from Sri Lanka, failing which India should boycott the summit and lobby among member states to follow suit.

“Any high level participation or engagement from the Indian side in the CHOGM will not only embolden the Lankan regime but also incense public opinion and sentiment in Tamil Nadu on this very sensitive issue even further,” said Jayalalithaa in a letter to Prime Minister Manmohan Singh, strongly urging him not to attend the November 15-17 meeting in Colombo.

India’s Union Minister V. Narayanasamy had said that Prime Minister Manmohan Singh will meet External Affairs Minister Salman Khurshid to decide on calls by Tamil Nadu Chief Minister J. Jayalalithaa and DMK President M. Karunanidhi for India to boycott the Commonwealth Heads of Government Meeting to be held in Sri Lanka.

India was one of the 25 countries that voted in favour of a US-sponsored resolution at UNHRC against Sri Lanka where New Delhi pushed for an independent and credible probe into human rights violation charges and loss of civilian lives in the war in Sri Lanka as demanded by political parties in Tamil Nadu.

Britain is also considering its level of participation at the summit with Britain’s opposition Labor party and demanding that the summit be shifted out or the British government boycott the event.

By Nirmala Kannangara

The damaged windscreen of the aircraft

The Aviation Ministry’s failure to heed the warnings issued by the environmentalists over the birds’ movement in Mattala airstrip has now become a great threat for air travel, environmentalists claim.

Following the second accident faced by SriLankan Airline flight – UL 114 on its way from Male to Katunayake via Mattala on Monday March 25, environmentalists claim that these accidents could have been averted had the Aviation Ministry listened to them when plans were drawn to construct the country’s second international airport.

“All attempts to educate the Aviation Ministry of the consequences that have to be faced in future when plans were drawn to construct an international airport at Mattala were ignored. Since this area is populated with migrant birds throughout the year we told the government to shift the location to a place with less vulnerability, but their failure to listen to us has now brought several consequences,” Director, Environment Conservation Trust, Sajeewa Chamikara said.

Meanwhile, the Central Environment Authority (CEA) and Department of Wildlife Conservation (DWC) too have come under severe criticism for granting permission to construct an airport in an area where migrant birds are in plenty, disregarding the strong opposition from environmentalists.

“There was no reason for the CEA to allow the Aviation Ministry to carry out an Environmental Impact Assessment (EIA) for the Mattala airport project as it was clear that the area is not suitable for such a project as the lives of birds and animals as well as humans that travel in aircrafts were always at a risk. When the EIA was opened for public comments, we submitted our proposals showing what the impact would be to the wildlife as well as to the Aviation Ministry. As a result the CEA had to hold back granting their approval for the project, but ultimately due to strict presidential orders approvals had been given disregarding our proposals and warning. We know that government institutions cannot overrule presidential directives but what is the purpose of maintaining such institutions with public money if they are not given a free hand to discharge their duties. As a result of these shortsighted ideas the country is losing millions of rupees,” said Chamikara.

Environmental impact

Due to the Aviation Ministry’s failure to ignore the environmental impact, aircrafts are now faced threats when landing and taking off flights from Mattala.
According to SriLankan Airline sources, UL 114 flight from Male to Katunayake Bandaranaike International Airport via Mattala had collided with a flock of birds in midair after taking off from the airport. This has caused a crack on the cockpit windscreen.

Although the windscreen was not shattered according to sources, there was a great threat to the lives of the pilots had the windscreen shattered due to the pressure, which would have been a dangerous situation.

“The pilots were able to bring the aircraft to Katunayake within a short period. In case of a crack on the cockpit windscreen, there are chances to get it shattered due to the air pressure. Fortunately such an unfortunate incident did not occur, if not the lives of the pilots would have been in danger. It was not an issue since this aircraft was to be landed within a shorter period, but it would have been a complete different story had this happened to an aircraft that was going out of the country,” said the sources.

Meanwhile, Chamikara said that this situation would have been made worse had the government constructed the airport in Bundala as planned before.
“Before the Mattala proposal was forwarded, the government wanted to construct the airport in Bundala where migrant birds are in flocks in midair all the time. It was the farmer organisations and the environmentalists that agitated against the idea and filed a fundamental right application in Appeal Court and got an injunction order. That was how the initial plan had to be shifted to Mattala,” said Chamikara.

Pressure from the top

Chamikara further accused the Department of Wildlife Conservation (DWC) for releasing 2000 hectares of wildlife land for the Mattala airport project once again due to the pressure from the ‘top’.

“When we inquired the DWC as to why they were releasing 2000 hectares for the airport project, we were told that only 800 hectares would be given and the rest would be used to build an elephant corridor to bring more elephants to the area in order to boost tourism in the country. They wanted to make the surrounding area populated with elephants, so the tourists that were flying over the Mattala tarmac could see the elephants and other wildlife clearly,” added Chamikara.

According to Chamikara, an electric fence is to be installed around the airport to prevent wildlife coming to the area, but added that it would not be easy to keep away the wildlife from the airport premises once their day- to-day life is disturbed due to loud noises during landing and taking offs.

“In the wild, the animals want to live a peaceful life. These loud noises will change their lifestyles and when they get panicked they can break the electric fence and come to the airport. In such instances, the airport officials have no other options, but to shoot at them with air riffles the way how they kill birds that come to the Katunayake tarmac. Although birds come rarely to Katunayake, it is completely different at Mattala. It would be a difficult task for the airport and aviation officers to monitor the movements of birds and other animals within the premises,” claimed Chamikara.

He further said that some air control officers at Mattala had wanted the environmentalists to urge the Aviation Ministry to change the air path towards Australia as it would disturb the wildlife in Yala National Park.

“According to these Air Control Officers, the flights that take the route towards Australia fly 3500 feet above the Yala National Park. The vibration would disturb the wildlife. It would not be a big issue for the Aviation Ministry as this path can be changed from the signal light system,” claimed Chamikara. Meanwhile, Chairman CEA Wimal Rubasinghe said that there was no issue of granting permission for the airport project as all stakeholders have given their clearance.

“Since there was no objection from any stakeholders we gave permission to Mattala project. I refute the allegations leveled against this institution by the environmentalists. Those allegations are made to mislead the people,” said Rubasinghe.
Director General Wildlife Conservation H.D. Ratnayake was not available for a comment.

Metal quarry in Kantale

Eastern Provincial Council Chairman Ariyawathie Galappaththi is accused of threatening a Senior Environmental Officer in Kantale in order to obtain illegal quarry licenses in the Kantale forest reserve and Naval Headwork Sanctuary in the Trincomalee district.
Galappaththi has threatened Jayalath Balasooriya – a Senior Environmental Officer attached to the Central Environment Authority (CEA) in Kantale for not giving quarry license to her party supporters.

“Galappaththi is going on a rampage to get these illegal licenses to her supporters. It is interesting to note as to how the Chairman CEA Wimal Rubasinghe too is supporting Galappaththi to give these licenses violating National Environmental Act,” sources from CEA told The Sunday Leader on conditions of anonymity.

According to sources, Galappaththi has threatened Balasooriya on Monday, March 25 over the phone and has warned him not to try to obstruct her (Galappaththi) to get the quarry licenses.

“She has also told Balasooriya not to work within the legal frame as it can bring serious consequences to him,” added the sources.
Meanwhile questions have been raised as to why the Chairman CEA is making all efforts to issue licenses to Galappaththi’s supporters when the CEA has cancelled their previous licenses that have been taken illegally.

Director, Environment Conservation Trust, Sajeewa Chamikara said that there are over 30 illegal metal quarries within the forest reserve in Kantale and the Naval Headwork Sanctuary in the Trincomalee district.

“Although steps were taken to cancel these licenses which were obtained illegally, it is surprising as to how the Eastern Provincial Council Chairman is threatening government officials not to carry out their duties lawfully in order to get licenses for her supporters. Using her political affiliations she was able to obtain metal quarry licenses for her supporters earlier but the officers at the CEA Kantale cancelled them a few years ago as they have been obtained illegally,” said Chamikara.

According to him, it is questionable as to why the Forest Department is not taking any action when these politicians are violating section 7 of the Forest Ordinance (amended) No: 65 of 2007.

“Under the forest ordinance, it is strictly illegal to remove trees, construct road network, and construct permanent or temporary structures in a forest reserve although all these illegal activities are taking place without any obstruction at the Kantale forest reserve. In order to remove the metal a road network has been constructed destroying the forest. Although this has been brought to the notice of the forest department officials they do not want to take any action,” added Chamikara.

Chamikara further accused the Wildlife Department for their failure to protect the sanctuary from illegal mining.
“This was declared as a sanctuary on June 21, 1963 and spans over 18,130 hectares. Although there are private lands within a sanctuary, at the Naval Headwork Sanctuary there are no private lands within its limit. It is strictly illegal to carry out any development work within a sanctuary as it could affect the wildlife habitat. Although we have informed Wildlife Department about the illegal metal quarries in the sanctuary, they too are not interested to take any action solely due to political pressure,” alleged Chamikara.

When asked as to why the CEA is planning to give mining licenses within the forest reserve and the sanctuary, CEA Chairman Wimal Rubasinghe said that there is nothing wrong in giving licenses as the stakeholders have given their consent.

“Once the wildlife and the forest departments gave their approvals we cannot object but to give the licenses. These parties had licenses earlier but our officers have cancelled them for no reason. It is not fair to cancel licenses that have already been given. Chairman Galappaththi too visited me a couple of days ago to inquire as to why the delay is in granting approvals. She is from my hometown and I have to consider her request. I wanted my officers at Kantale to send all the files to the head office as I want to issue the licenses,” said Rubasinghe.

When asked as to whether the parties that have requested for licenses have carried out any EIA to request for approvals, Rubasinghe was clueless as to whether they have followed the proper procedure to obtain the environment protection license.

“These environmentalists are misleading the media. I am not aware whether they have carried out an EIA or not as I was appointed Chairman CEA recently. There is no issue over it as we have to consider the request made by Galappaththi,” added Rubasinghe.
Eastern Provincial Council Chairman Ariyawathie Galappaththi refuting allegations said that she has never threatened any environmental officer but made a kind request to Balasooriya to consider her request.

“How can I become a politician if I am threatening people? I made a kind request to him and he agreed to issue the license. But later I came to know that he was delaying this because he wanted a bribe. Being an honest politician I will not allow any person to take bribes to discharge the duties. I spoke to the Chairman CEA and he said that he will issue the licenses,” said Galappaththi.

By Faraz Shauketaly

Aidan Lynam, Deputy Regional Head, The document showing payment to an account in Dubai and Paul Hugentobbler

One of the larger corporate takeover transactions in Sri Lanka was more remarkable for the way in which the foreign company paid significant sums out of Sri Lanka, in contravention of the exchange control rules at the time. The full impunity and extent with which Holcim ignored Sri Lanka’s laws can today be revealed. A source close to the transaction said, “The scale of impunity with which this Swiss company – from the land of independence, cuckoo clocks and banking secrecy – treated our laws beggars belief. Would they do this in their country?”

A senior figure and central to these charges is Paul Hugentobbler, a senior Management Executive with Holcim. Hugentobbler is on the Executive committee that oversees Asia and ASEAN countries with the exception of the Philippines. Sri Lanka is very much his domain. On the Holcim website an explanation accompanies the Holcim management structure. “Members of the Executive Committee have specific geographic and/or functional responsibilities, and encourage an environment in which Holcim is able to capitalize on new ideas and new opportunities”.

In Sri Lanka they certainly did capitalize on new opportunities and ignored at will the regulations in force at the time. In January 2001 Paul Hugentobbler was Senior Vice President of Holderbank AG – the name Holcim used till 2001. He arranged for a payment of USD 200,000 to be remitted to Yasasiri Kasturiarachchi the majority owner of Ruhunu Cement.

Hugentobbler also signed into motion an agreement with Kasturiarachchi to pay him up to USD 3 Million more subject to the settlement of a legal battle between Peoples’ Bank and Ruhunu Cement Company Limited (RCCL). Most significantly and certainly against the law of this land, the monies were paid into the Yashodha Group of Companies’ king-pin’s bank account in Dubai, UAE. The recipient bank was Bank Indosuez, located then at the World Trade Centre, Dubai.

Holcim’s entry to Sri Lanka and their majority purchase of what is known as the Puttalam Cement Company Limited (PCCL) appears to be pock-marked with numerous breakdowns in their agreement with Sri Lankan’s government bodies, like for instance the BOI (Board of Investment Sri Lanka) and the Ceylon Government Railways.

Holcim – having failed in its bid in 1993/94 to take control of Puttalam Cement as its bid then was Rs 1 Billion lower than the winner of the bid, Tawakkal of Pakistan – took control of PCCL in 1996 by purchasing 46% of the shares from the then foreign and local investors and 5% from the Vanik Corporation, giving Holcim the sought-after majority they wanted.

The majority of these funds – nearly USD 20 Million at a time when the exchange rate was around the Rs. 68 mark was improperly paid overseas. However during this period PCCL owed the Treasury funds and eventually the monies owed to the Treasury by Tawakkal were never paid.

Adding further to the controversial actions of Holcim Lanka was that the company has contravened its BOI agreement. The BOI generally envisages that a foreign investor will bring in funds from outside of Sri Lanka for investment here. In the case of Holcim Lanka it has been alleged that the funds to expand the Puttalam Plant – 825 and 925 – came from locally borrowed finances – beating the essence of what the spirit of BOI agreements envisage for the people of Sri Lanka. A veteran industrialist whose fortune is entirely home grown and homemade said, “these are the realities of inviting foreign companies to Sri Lanka without the prerequisite checks and balances to ensure that the spirit of the BOI rules were strictly adhered to. As a result foreign conglomerates which measure their corporate profits in billions of dollars gain unfair concessions to the detriment of Sri Lankan companies which have been loyal and have flown the flag forever and a day.”

A company source told The Sunday Leader, on strict anonymity, that Holcim Lanka has actually reduced the workforce from 2,500 to just over 650. According to our source the BOI agreement precludes for a reduction in staff strength on the basis of unilateral decisions.

Most intriguingly are the arrangements in place that force the local company into making purchases from foreign subsidiaries of the parent company. This practise ensures that Holcim Lanka is unable to function as profitably as it would wish if it did not have the impeding strictures from the Swiss headquarters and its far eastern subsidiaries.

For instance, in the matter of purchasing raw materials, Holcim Switzerland imposes terms that require Holcim Lanka to make those purchases of raw material from yet another subsidiary Holcim Trading. In this region Holcim Trading is based in Singapore. With an apparent USD 2 margin for Holcim Trading and an equal sum by the source for the parent company, Holcim Lanka is required to pay at least USD 4 above market rates for its purchases. This, insiders say, forces Holcim Lanka to operate on the fringes of profitability and also raises the question of a conflict of interest. An accounting source at Holcim Lanka told us, “This is a classic scam to move money out so that the local company’s profitability is down, resulting in lesser taxes for starters. In terms of the contribution to the Sri Lanka economy, Holcim Lanka is quite stymied. What is the contribution they can make when it appears that the 650 workers are working for some remote outfit in Switzerland?”

For a company that has been established for over 17 years it also beggars belief that the fundamental usage of Sri Lanka railways is continuing on the basis of a temporary MOU – with no conclusion to reaching a fair, balanced and equitable agreement for payment. The railway line is leased on a payment of Rs. 10 per ton. An E&Y India report at the behest of Holcim Switzerland is alleged to have found that strange unofficial payments made to railway workers for extra work on behalf of Holcim Lanka was in effect a ‘bribe’. The payments stopped for around three months, say our sources, only to have been restarted in the form of a payment to a legal firm in Colombo. (name known to the Sunday Leader and withheld).

The issue of Royalty payments to Holcim Switzerland has also become a bone of contention to the staff at Holcim Lanka. Our sources maintain that without much value addition, the USD 5 Million royalty payment will escalate to approximately USD 20 Million by 2015. Other issues include the continued use of expatriate staff – even 17 years later – that costs the company well in excess of USD 2 Million annually.

The Sunday Leader contacted the current CEO, Swiss national Philippe Richart and the Executive Committee Member Paul Hugentobbler for their comments. At the time of going to press we had no response. Our questions to both are reproduced in a box below.

(faraz@thesundayleader.lk)
Tel: 0772 300305

Questions Posed To Holcim Switzerland And Sri Lanka

1. Is it correct to say that Holcim, entered into an agreement to pay Mr. Yasasiri Kasturiarachchi approximately USD 3 Million in connection with the conclusion of the sale and purchase of Ruhunu Cement?

2. That of the above agreement, USD 200,000 was initially paid

3. That payments were made outside of Sri Lanka to an account maintained in Dubai and that Holcim knowingly and in the full knowledge of the laws operating in Sri Lanka at that time, therefore were in contravention of the financial rules governing such payments?

4. That expansions to Puttalam Plant (825 and 925) were done with BOI approval thereby Holcim Lanka were granted a 12-year tax holiday. However, the funds were locally borrowed. There was no Foreign Direct Investment. Does Holcim find that this is unfair on the spirit of BOI concessions which exists to facilitate foreign inward investment as opposed to resorting to local investment and funds which do not carry such glamorous concessions?

5. Annual payment for the use of the quarry is USD 200,000 – after 17 years of operations?

6. No royalty paid to Government of Sri Lanka?

7. Railway line leased for Rs. 10 per tonne and MOU as yet not formally finalised?

8. MOU for railway line still running on a temporary basis?

9. That there is an unofficial cash payment made by Holcim Lanka on a monthly basis in order that railway staff will do extra work for Holcim Lanka? i.e. a bribe

10. Is it not true that an external audit carried out by E&Y India commissioned by Holcim Switzerland categorised this payment as a ‘bribe’ and payment was stopped for at least three months?

11. Is it also true that since January 2013 a legal firm is being used to pay the same monies namely to (name withheld known to The Sunday Leader)

12. That contrary to the BOI agreement Holcim after taking over has reduced the staff strength from approx 2,500 to 650. The BOI agreement precludes a reduction of staff.

13. That a royalty payment is remitted to Holcim Switzerland for using the name but there is zero value addition. That in 2012 this sum was USD 5 Million and from 2013 this figure is set to escalate to over USD 10 million. How does Holcim Lanka justify these royalty payments when the Government of Sri Lanka for all its input receives no royalty of any sort but Holcim Switzerland without any value addition is receiving significant sums giving rise to the impression that monies are being remitted out to the detriment of this country and its people?

14. That several expatriate staff are maintained by Holcim Lanka at a cost of over USD 2 Million. Is it not possible that Sri Lankan personnel are suitably qualified and knowledgeable to carry these jobs out at a significant cost reduction?

15. Is it not true that a ‘conflict of interest’ situation arises in the purchasing of clinker, Kraft paper, gypsum etc., where a total margin of USD 4 is charged which Holcim Lanka is forced to pay without the opportunity to use other cheaper sources? Does this not mean that the local company avoids paying local taxes and levies robbing the GOSL indirectly of earnings that could be legitimately made in the pursuit of business by the local company?

By Camelia Nathaniel

Some symptoms of arsenic toxicity

Although the Health Ministry denies that the Chronic Kidney Disease (CKD) slowly killing thousands in the North Central, Eastern, Wayamba, Ruhuna and Uva Provinces is due to pesticides and fertilisers containing arsenic being used for agriculture, studies now confirm that the use of fertilizer has contaminated the tanks and ground water in the area with Arsenic and Cadmium.

The study has found that at least two persons die daily due to kidney failure, while over 200,000 patients suffer from CKD, while thousands more are at risk.

Secretary of the Patriotic National Front Dr. Wasantha Bandara accused the registrar of pesticides of defending the pesticide and fertiliser importers and denying that there was any link between CKD, pesticides and fertilisers.

“The registrar in spite of being aware of the high levels of arsenic and cadmium found in samples of fertilizer and pesticides used in the Raja Rata area, which was proved to be the cause of the increasing number of patients with CKD, blatantly denied the report findings. These officials are in the pockets of these multi-national companies that import huge amounts of fertiliser and pesticides to the country,” he said adding that studies carried out in the areas clearly confirms the link between the pesticides and fertilisers and CKD.
However, according to Bandara the fertiliser and pesticides that are imported to the country do not contain high levels of arsenic. “Tests have been conducted on the various types of pesticides and fertilisers that confirm this. However when the samples of the same brand of pesticides and fertilisers that were distributed to various areas were tested individually, it was found that these samples contained arsenic and cadmium in extremely high doses. This proves beyond doubt that these pesticides once brought into the country are adulterated with arsenic to make additional profits. These samples clearly indicated that the amount of arsenic found in the adulterated pesticides and fertilisers were thousand times higher than when it was imported.”

He accused the Government Medical Officers’ Association (GMOA) of maintaining silence in this issue while innocent people are dying of CKD due to arsenic poisoning. “The GMOA who strikes for the most trivial reasons has not spoken a word about the whole issue that is affecting thousands of people’s lives. Most people are afraid to address this issue as these are multinational companies and they all have benefits, or are anticipating benefits. Most of the higher-ups of the health sector are afraid to bring up this issue due to fear of losing their privileges, and are silently ignoring the catastrophe that is slowly killing our farmers,” he said. He pointed out that the authorities are hoodwinking the people by claiming to appoint committees to investigate the issue. “The president appointed a committee to investigate the arsenic issue, who in turn had appointed a subcommittee. However it is ironic that this sub committee comprised representatives of the very companies that import fertilisers and pesticides,” he added.

Even Children As Young As 10 Affected

CKD unidentified which has mainly affected the people of the North Central, Eastern province, Wayamba and Uva province, had been detected in these areas around 20 years ago, but it has spread progressively in the Ruhuna region as well and the situation has reached catastrophic proportions. Today, even children as young as 10 years have been found affected by the disease, while by the age of 40 they reach the critical conditions.

Studies have found that in Anuradhapura, Polonnaruwa and Badulla districts around 15% of the total population (around 200,000) between the ages of 15 to 70 are suffering from CKD, while it is still rapidly spreading.

According to Prof. Priyani Paranagama of the Kelaniya University, extensive research on this issue commenced in mid December 2010. “The danger of arsenic is that it has no smell, taste or colour, making it difficult for people to even know that they are consuming water and other substances contaminated with arsenic.”

She added that she began her research at the Padaviya hospital where over 50% of the patients who had come for treatment had shown symptoms of arsenic poisoning. “The most distinct characteristic of chronic arsenic toxicity is the classical skin lesions including hyper pigmentation and kerotosis in the palms and soles of the patients. Even those who were found healthy in these affected areas were found to have doubled the amount of arsenic and cadmium in their urine samples, in comparison to people outside the affected areas. This increased levels of arsenic and cadmium not only puts them at risk of falling victim to CKD but there is also an increasing prevalence of cancer and diabetes with the biological gradient of arsenic, cadmium, mercury and uranium levels in drinking water,” she said.

The study had also found that the majority of those diagnosed with CKD and are facing imminent death are males between the ages of 40 to 60 and they are the breadwinners of families. She added that in addition a large sum of money has to be spent on medication needed for the treatment of such patients. “Not only in the most vulnerable areas, the entire population of this country is believed to have higher levels of arsenic and cadmium in their bodies. We have also found higher than stipulated levels of arsenic and cadmium in vegetables, lotus yams, fresh water fish and tobacco. In addition vegetables were found to contain dangerous levels of led and mercury as well,” she added.

According to the study it was revealed that the arsenic, cadmium and led levels in phosphate fertilisers for sale in the affected areas were higher than the fertiliser sold in non affected areas. “Therefore it has been clearly established that there is a direct link to the high rate of CKD, cancer, and diabetes with the fertilisers and pesticides being used in the Rajarata area. This is a bigger predicament than the 30 year long war that the people are facing today, as arsenic poisoning is slowly but surely killing our people,” she said.

Urine and hair samples of people in these areas were used for the study, while body parts of those who had died due to CKD were also tested to gather information and confirm the link between fertilisers and pesticides, she said.

The final report by the World Health Organization (WHO) titled Investigation and Evaluation of ‘Chronic Kidney Disease of Unknown Aetiology in Sri Lanka’ prepared for the Ministry of Health, which was released recently highlighted that Chronic Kidney Disease of Unknown Aetiology (CKDU) is being identified as slowly progressive, probably starting in the second decade of life, and asymptomatic until very advanced.

The research scientists headed by Dr. Shanthi Mendis, Senior Advisor and Co-ordinator, Chronic Disease Prevention and Management, WHO in Switzerland and was supported by a group of reputed scientists concluded that there is a CKDU prevalence of 15.3% with a higher prevalence among females (16.8%) than males (13.3%) though more severe condition of CKDU were seen more frequently in males.

The WHO permissible limit of Arsenic for drinking water is 0.01 mg/L and the FAO permissible limit of Arsenic for irrigation water is 0.10 mg/L. However in most of the water samples taken from the affected areas the detected level of arsenic was 20 – 100 μg/L.

North Central Province – ­­High Risk Region

Meanwhile, in addition to the study conducted by the team from the Kelaniya University, a separate study has also been conducted by the Institute of Research of Indigenous Medicine. The research study covered high risk areas of the North Central Province.

Speaking to The Sunday Leader Dr. Parakrama who was part of the team that conducted the research said that the group found most vulnerable to the disease is people who are between 45 to 69 years. He said that they had found that 87.8 % in Anuradhapura and 90% in Polonnaruwa had been those who had consumed water-based plants, freshwater fish and consumed either water from tanks or well water, which had recorded high levels of arsenic and cadmium.

He added that 98.5% of the persons affected were farmers while only 11% of those with CKD were found to be persons not engaged in farming.

He pointed out that due to the adverse effects of arsenic many countries had banned the use of pesticides and fertilisers containing arsenic. However he said that estimates indicated that more than 500,000 MT of arsenic containing pesticides were in stock at the time of it being banned.

A previous study conducted by Dr. Channa Jayasumana revealed that 95% of patients complained of generalised body weakness, 91% headache, 84% burning eyes, 74% anaemia and 76% complained of nausea, while 55% showed mild to moderate hepatomegaly and spleinomegaly (Hepatomegaly is swelling of the liver beyond its normal size, while Splenomegaly is a larger-than-normal spleen.) and 63% had epigastric pain.

According to Dr. Jayasumana’s study rice was found to be more susceptible to arsenic accumulation compared to other cereals. It was discovered that baseline levels of arsenic was 10 folds higher in rice than in other cereals. In a study conducted in 2010 by Tilak Abeysekera it was revealed that 90 – 260 μg/kg of arsenic was found in rice.

Meanwhile Ven. Athuraliye Rathana Thero of the JHU stated during a forum in Colombo recently that the authorities were reluctant to admit that these pesticides and fertilisers were the cause for CKD, due to financial gains.

Highlighting one such incident he said “a container load of fertiliser that was imported was found to be containing high levels of arsenic by the customs. However although the customs seized this container for not conforming to stipulated standards, a directive was issued by the ministry of finance for the release of this container to its importer. The customs officer who made the detection had to leave the country for fear of losing his life,” he added.

Ven. Rathana Thero accused the registrar of pesticides should be removed from his position for failing to implement the stipulated regulations, accusing him of being in the pocket of these pesticide and fertiliser companies. “He had the audacity to even mention in a program on a state radio station that arsenic was vital for the human body, which is such a foolish statement,” he charged.

The Medical Health Officer (MOH) of the Kebithigollewa hospital told The Sunday Leader that they only do the follow-up treatment while the patients suspected of having CKD are sent to Anuradhapura for diagnosis. According to him, 63 patients diagnosed with CKD in the Kebithigollewa area were registered at his hospital while so far this year 21 patients have been diagnosed with CKD.

“In total around 200 patients diagnosed with CKD in the Kebithigollewa area are receiving follow-up treatment. In most instances these patients have lost the function of both kidneys and are sure to die of the disease. Therefore it is pointless to perform transplants, or dialysis, and we generally only provide them follow-up treatment,” he said.

CKD – Mysterious Disease

He further added that having served in the area hospital for the past five years he has seen a rapid rise in the number of patients being diagnosed with CKD. However in spite of the numerous studies that have been conducted in these areas regarding CKD and the direct link to the use of pesticides and fertilisers, the health ministry still claims that there is no link between the two.
Commenting on the issue the health ministry spokesman W.A.D. Wanninayake said that CKD still remains a mysterious disease, where the cause for it is yet unclear.

“Even in Scandinavian countries over the past 15 years many CKD cases had been discovered. Using the information gathered from various areas that the disease is most prevalent, we drew up a map to study the pattern of the spread of the disease. From that information we gathered we found that even in vulnerable provinces, the disease was found only in certain areas,” he said pointing out that this disease could be due to the long term use of medication, consumption of alcohol and various other factors. However CKDU was only prevalent in certain areas.

He said that although fertiliser is being used in many farming areas, the disease has been mostly widespread in just a few areas, adding that if the condition was due to the use of fertiliser, then the disease should have mainly affected areas such as Nuwara Eliya, ‑ an area where the most amount of fertiliser is being used.

He said however that people need to be educated on the proper safety measures to be adhered to when using pesticides.

“In most instances farmers mix two to three different types of pesticides to enable easier spraying. The mixing of these pesticides could create adverse chemical reactions. Another observation was that since the fertiliser is given to the farmers free, they spray these fertilisers on their crops repeatedly with the hope of raking in a bumper harvest,” he pointed out.

However while the health ministry attempts to put the blame on the farmers and safeguard the fertiliser and pesticide importers the WHO report is a clear indication that there is a link between the use of these chemicals and CKD. Hence, the Health Ministry should take up the matter seriously and set proper standards for the pesticides and fertilisers that are brought in to this country, to prevent the entire population of this country from suffering a slow and painful death due to CKD.

By Nirmala Kannangara

The controversy that surrounded the confiscation of two containers that had allegedly carried ethanol sprits, by the Excise Department in Peliyagoda, has now taken a new twist.

The containers were said to have been transporting thinner, but the Excise Department claims the contents in the containers were in fact ethanol spirits used in the manufacture of alcohol.

The Sunday Leader learns that the containers had been imported by a resident in Padukka and that the consignment of thinner was for the manufacture of paint.

Cause of controversy

However, the controversy surrounding the two containers has been partly attributed to the involvement of certain governing party politicians trying to get the consignment released.

Sri Lanka Customs deny the Excise Department’s claim that they have released two containers of ethanol spirits, but added that the two containers were on their way to Gray Line II yard in Peliyagoda, when they were taken into custody on Wednesday night.

“On what basis did the Excise Department say that Customs have released these two containers carrying ethanol sprits? They have got their facts wrong. These two containers were on their way to one of our yards in Peliyagoda – Gray Line II, for investigations, when they were arrested,” reliable Customs sources told The Sunday Leader on conditions of anonymity.

According to sources, the Excise Department was not aware that Sri Lanka Customs has three container examination yards in Colombo – the RCT yard and Gray Line I yard in Orugodawatte and Gray Line II in Peliyagoda. He further said that all containers that come to the Board of Investment (BOI) are being checked at three yards – the Katunayake zone, Biyagama zone and RCT yard in Orugodawatte.
“This was the major mix up. They may have got a tipoff that Customs have released two containers carrying ethanol sprits that were moving away along the Negombo Road. Excise Flying Squad arrested these two containers, as they were about to turn to the Gray Line II yard. They said that they were not aware of the Peliyagoda yard and that was why they were arrested,” the sources said.

Customs general procedure

The sources meanwhile explained the procedure Sri Lanka Customs follows when sending containers to their yards for investigations.

“When we receive containers at the port, we check the details on the documents. These documents should carry the agent’s seal and the container too should carry the same seal for our perusal. Before these containers are sent out of the Customs premises to the container examination yard, as we do not have enough space to examine them within our own premises, we put our own seal on it.

Even the Customs gates maintain records to show when the containers left the premises and to which yard it was directed to. Having all these records how can the Excise Department claim that we have let the two containers escape from the Customs net?” the sources questioned.
According to the sources, in the event the containers get delayed reaching the yards as expected, the customs mobile unit is sent to check on it.
The sources further denied the allegation levelled against the Customs Department by the Excise Department.

“They alleged that these two containers were carrying ethanol sprits, but we cannot come to a conclusion before carrying out any examinations. The documents of these two containers have declared that there is thinner in the containers. It was addressed to a place in Padukka, but the name cannot be revealed as the investigation is in progress. The name of this person is not familiar. We wanted this person to be present at the yard last Friday for the examination process, but he did not turn up. We were told that his father had died and will be coming at the next date,” the sources claimed.
The sources meanwhile accused the Excise Flying Squad Unit of attempting to confiscate the two containers and take it to one of their locations.

Wrong facts

“Although our officers have tried to explain to the Excise Flying Squad Unit that they have got their facts wrong, and the containers were not released, but on their way to the examination yard, they were still adamant to confiscate them. They were claiming that these containers cannot be released as they did not have the Excise license. The Excise Department can confiscate stocks of ethanol spirits for not having their license if the stock was released from Customs. When the stock was still in the custody of the Customs, there is no necessity to have had the Excise license,” the sources said.
According to the sources, if the Excise Department wanted to carry out a raid, they would have followed the general procedure.

“If there was such a need, the Commissioner General of the Excise Department should have written to the Director General Customs.

Once Customs is informed, the Excise Department could carry out any raids to which we too would help,” he added.
The two containers carried 310 barrels, which is said to be thinner.

“Each barrel contains 250 litres and the entire stock would be worth Rs 35 million,” the sources claimed.

The sources further accused the Excise Department of not taking action against the distillery companies that avoid paying excise duty, but try to tarnish the customs image by showing that we are carrying out a racket.
“If we assume that these containers carried ethanol sprits, the stock would surely go to the distillery companies, but not to any other place. Since the excise officers are deployed at every distilleries factory, they would certainly find out if these illegal stocks come to them. Instead of carrying out their duties properly, these officers allow the companies to avoid paying the excise duties,” alleged the sources.

Joint investigation

Meanwhile, Commissioner General, Excise Department D.G.M.V. Hapuarachchi, told The Sunday Leader that a joint investigation is now being carried out at the Gray Line II yard in Peliyagoda.
When asked how much excise duty they charge from each litre of arrack, Hapuarachchi said it depends on the strength of the sprit.
“Generally, the excise tax for 750 ml of arrack that has strength of 33.5% is Rs 450. This varies,” Hapuarachchi said.

When asked why the two containers were arrested while going to the Customs yard in Peliyagoda, Hapuarachchi said he couldn’t make any comment as they were arrested not in a Customs yard, but on the road.
“I do not want to make any further comments till the investigations are over,” Hapuarachchi said.

The Water’s Edge

By Nirmala Kannangara - Pictures by Lalith Perera

Questions have been raised regarding the Department of Wildlife Conservation’s failure to take legal action against the Management of Water’s Edge at Battaramulla for keeping deer and sambur in their premises.

According to the Fauna and Flora Protection Ordinance (FFPO) section 30, sub section 2, sambur is a strictly protected animal while spotted deer is also a protected animal. Unless it is for scientific research with a special permit from the Department of Wildlife Conservation (DWC), protected animals cannot be kept in the custody of any private party.

Water’s Edge Flaunt The Law

However, violating the FFPO ordinance openly and fearlessly, the Management of Water’s Edge that comes under the purview of the Urban Development Authority (UDA), has kept four adult deer and a fawn that was born recently, and a sambur in captivity.

The place where these animals are
kept is not suitable for them

Reliable sources at the Department of Land Reclamation told The Sunday Leader on conditions of anonymity, it was Colonel Jayasundara, who works as a Coordinating Officer to the Defence Secretary, who brought these animals to Water’s Edge a few months ago.

“Earlier, three deer were brought to Water’s Edge from the National Zoological Gardens Dehiwala. These three animals were transported from the zoo under anaesthesia and were accompanied by a veterinary surgeon. When they gained conciseness they panicked after seeing people around them, a condition which they never overcame. Since they were kept in a place that was close to the walkway bordering the Diyawanna Oya and the weekly flower show, people came to see them from morning. This made them scared and after a few weeks, two of the deer were found dead in the Diyawanna Oya as they had run amok seeing the crowd around. Since the third deer too was still in a state of panic, it was taken back to the Zoological Gardens,” the sources claimed.

Following this unfortunate incident, Colonel Jayasundara, according to the sources, had brought four deer and a sambur from the open prison at Pallekelle, Kandy.

“Unlike the deer that were brought from the zoo, those that were brought from Pallekelle are friendly with people,” the sources added.
However, the source observed, the place where these animals are kept is not suitable for them.

“The hot weather conditions in Colombo are not suitable for sambur as they are used to very cool climate conditions. Although that does not apply for deer, still we have seen them struggling when the sun is very hot. Since the evening sun falls directly onto the place where they are kept in captivity now, Water’s Edge cover the entire area with a thick black net to prevent the sun’s rays falling straight on them,” the sources said.

However, when General Manager Water’s Edge, Thusith Samaraweera, was contacted to find out who had given approval to keep these protected animals in their premises and from where they were brought, Samaraweera said he did not have any details about it as he was out of the country when the animals were brought in.

Wildlife Flying Squad’s Failure

Meanwhile, reliable sources at DWC on conditions of anonymity said, deer and sambur in the possession of any private party is completely against the FFPO and added that it is surprising why the Wildlife Flying Squad had failed to raid Water’s Edge and take legal action against them for keeping protected animals in their possession.

“During the tenure of the former National Zoological Gardens Director, Bhashwara Gunaratna, a Cabinet approval was obtained to give away excess animals from the zoo or from Pinnawala, to private parties or organizations. Since our department and the National Zoological Gardens were under the Economic Development Ministry, without any consultation with us, a Cabinet approval was given to pave the way for the Zoological Gardens and Pinnawala to give away animals in excess to any private party. The sole reason to make such a decision was to allow their ‘henchmen’ to obtain animals without any restriction,” the sources said.

According to the sources, it is the DWC and the Wildlife Ministry that have to take responsibility to safeguard wildlife, not any other institution.

The sources also said that although there is unseen and unscrupulous Cabinet approval, DWC can still take legal action against the Management of Water’s Edge as they have neither brought these animals from the zoo or from Pinnawala, but from the open prison in Pallekelle.

“Since these animals have been brought from Pallekelle, why the DWC cannot take action against Water’s Edge, like how they raid other places, is questionable. Is it because that institution comes under the UDA, which is headed by the Defence Secretary, and many of the board members consist of high officers in the defence sector?” the sources questioned.

According to the sources, even though there is a Cabinet approval as such, the Zoological Gardens has no authority to release protected animals to a private party other than to the DWC if there is no room in the zoo to keep the animals.

“They could have given these animals to the DWC. We could check whether the animals have any diseases and if so after treating them we familiarize them to the wild little by little. When we know that the animals are confident, then we set them free back to the wild. Other than this procedure, it is not ethical for the zoo to giveaway these animals to private parties,” the sources said.

Meanwhile, Zoologist Dilan Peiris, said it is illegal to cage any animals under the animal cruelty law and added that the place where these deer have been held captive is not a place for them since the area is thickly populated.

According to Peiris, the National Zoological Gardens has never taken any steps to carry out any researches about animals in captivity in the zoo and added, their main aim is to earn money.

Questionable Cabinet Approval

Meanwhile, Attorney-at-Law, Jagath Gunawardena, specializing in environment studies, told The Sunday Leader the DWC has the authority to confiscate the protected and highly protected animals that are kept at the Water’s Edge garden.

“Based on a Cabinet paper that was submitted to the Cabinet on March 25, 2011 by the Economic Development Minister, the Cabinet approval has been given on June 11, 2011 enabling Pinnawala and Dehiwala Zoo to give away their excess numbers to any private party or institution to look after. This Cabinet decision has overlooked the existing laws,” Gunawardena said.

Gunawardena also said the reason behind the Cabinet approval is questionable as the reason would be to allow ‘their own people’ to own these wild animals.

“On what basis did the Cabinet give approval to Pinnawala to giveaway their excess numbers to private parties? Since there are only elephants in Pinnawala, but not any other animal, why was such an approval given to Pinnawala, as to my knowledge there are no excess numbers of elephants there. Was this move taken to help ‘their people’ to obtain elephants from Pinnawala?” Gunawardena questioned.

According to him, under the pretext of the new laws, the general public has now got the opportunity to catch any animal from the wild and claim that they received it from the zoo.

“It is up to the new Minister of Wildlife and Agrarian Services and the Minister in charge of the Zoological Gardens, to get this unscrupulous Cabinet approval cancelled and revert back to the earlier system to prevent private parties or institutions from keeping protected species with them,” Gunawardena said.

Deputy Director National Zoological Gardens, Dhammika Malsinghe, said she doesn’t know whether there is Cabinet approval to release excess animals to private parties.

“This is the first time I came to know that there is such an approval. However, in regard to the Water’s Edge issue, we have never released any animal to the hotel, but on the request of the Sri Lanka Army, who carries out beautification programmes in the area,” Malsinghe said.

She also said the Zoological Gardens would never release any of their animals without the approval of the DWC.

“In collaboration with the DWC we gave three deer to the Water’s Edge a few months ago. Not only to the army have we given animals, but also to other forces as well in recognition of the service they have rendered to safeguard our motherland,” Malsinghe said.
When asked who requested these deer from the Zoological Gardens, Malsinghe said she couldn’t reveal names of the army officers that made the request.

Although Malsinghe knew that three deer were given to Water’s Edge about 1 ½ months ago, she did not know whether they were given anaesthesia before they were transported to Battaramulla.

According to Malsinghe, these animals were given to the army for their safety, but added not to the benefit of the hotel.
When asked how she could say these animals were given for their safety, when two of them died due to negligence, Malsinghe said it is an unfortunate incident.

“Unfortunately they died falling into the water and I do not know what happened to the third. Most probably it may be there still. We also release all our excess animals to national parks,” Malsinghe said.

She further said the Zoological Gardens did not give more deer to the army after the previous incident and added that the deer that are now at Water’s Edge may have been brought from somewhere else, but not from the zoo.

Passing The Buck

Wildlife and Agrarian Services Minister, Vijith Wiyamuni Soyza was not available for comment as he was out of the country.
When questioned as to why the DWC does not take any action against Water’s Edge for keeping deer and sambur in their premises, an irritated Udeni Wickremasinghe, Secretary Wildlife and Agrarian Services Ministry, said it is not under his ministry’s purview, but to ask the Zoo Director or the Minister in Charge of that Minister.

“I do not know anything about this. Although you ask whether I know about a Cabinet decision granting the zoo and Pinnawala to give away their excess animals to private parties, I do not know about such a decision. Our ministry has not submitted a Cabinet paper as such. If you want ask Minister, Basil Rajapaksa. In regard to the Zoological Gardens, why do you want a comment from me? Ask them for a comment. The Sunday Leader always criticizes the government and whatever we say is always misinterpreted,” the irritated secretary said.

Meanwhile, Director Operation and Acting Director General DWC, W.K. Pathirathna, said his department has not given any approval to the Zoological Gardens to giveaway any animal.

“I thoroughly reject Zoological Garden’s Deputy Director’s claim that they have obtained our approval to release these animals to the army. If there are excess numbers, they should give them to us and not to anyone else. Once these animals are given we check whether they have any diseases. After treating them we put them back to the wild. Other than to the DWC, they cannot giveaway animals to any private party, which is against the FFPO,” Pathirathna said.

Khuram Shaikh, Nasir Shaikh and Simon Danczuk

The quote “Justice delayed is justice denied” is very near to the family of British national Khuram Shaikh after he was killed in Tangalle on Christmas Day 14 months ago.

Words and more words is all Shaikh’s family has heard from the Sri Lankan authorities promising justice and action against the killers, but to date those assurances have remained confined to words and not action.

Khuram Shaikh’s brother Nasir Shaikh was in Colombo last week together with British Member of Parliament Simon Danczuk to demand a speedy trial into the murder.

“After 14 months I want more clarity that the case is moving in the right direction,” Nasir Shaikh told The Sunday Leader after meeting a few government and opposition politicians to raise his case.

Among those he met were Deputy Speaker Chandima Weerakkody, government MP Thilanga Sumathipala, UNP MP Dayasiri Jayasekera and UNP MP Rosy Senanayake.

Nasir Shaikh and British MP Simon Danczuk were however clearly disappointed that requests for higher-level meetings with the government to discuss the issue had not materialized.

“We were hoping to meet some senior Ministers. We gave them plenty of notice that we were coming. We were pushing for the meetings so they could tell us exactly what the situation is in relation to a trial moving forward for Khuram Shaikh,” Labour party MP Simon Danczuk told The Sunday Leader.

Khuram Shaikh, who had just spent months fitting prosthetic limbs in Gaza as a Red Cross worker, was spending Christmas and the new year in Sri Lanka when, early on Christmas morning in 2011, he became involved in an altercation at his hotel in Tangalle.

Eight men including Tangalle Pradeshiya Sabha Chairman W. G. Sampath Chandrapushpa were accused of killing the British national and injuring another foreign lady.

Sampath Chandrapushpa was arrested over the incident and later released on bail.

“There were eight suspects who were in custody over the killing. I was informed that a thorough investigation is taking place with lots of witness statements. And that felt that the compelling evidence will require that the magistrate keep them in custody till the point of the trial,” Nasir Shaikh said.

Simon Danczuk said that despite assurances from the government that those responsible for Khuram’s murder would be severely dealt with, so far the suspects have not been charged in court.

He said the issue had even been raised in the British Parliament and he had also met with the British Foreign office to urge them to push the Sri Lankan government to ensure justice for the victim.

“The jury is still out on if the United Kingdom attends the Commonwealth Summit in Sri Lanka in November; not least because of this particular case. This would be a reason not to come because it is all about the rule of law. This is an example where the rule of law is not being applied and that’s a mistake,” the British MP said.

Simon Danczuk is a Member of Parliament for Rochdale, an area where Khuram Shaikh lived with his family and Danczuk says it is for this reason that he is campaigning on behalf of Shaikh’s family.

He rejected the assumption that his visit to Sri Lanka to push for justice was timed with the ongoing UN Human Rights Council (UNHRC) session in Geneva or the upcoming Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka.

“A horrific murder took place 14 months ago. At that time assurances were provided to Khuram’s family by government Ministers and we have the quotes where they say they will expedite the case and that there will not be a cover up and that it will go to trial quickly.  We took them at their word. We were patient. Twelve months on, on the anniversary of the murder, I went to see Nasir’s father. He explained to me that he is still grieving and that he visits his son’s grave every day. He said a trial will help him and his family get closure in terms of the grieving process. So we decided to push further. So it is a coincidence. This is not political. We have not come here with a political agenda,” the MP said.

Nasir says there is no need for another country to put pressure on Sri Lanka when the tragic incident should naturally be investigated and the suspects charged and presented in court.

“Part of our grieving process is the healing process and that healing process requires answers and an honest understanding of what actually went on that day. And 14 months on we still don’t know,” Nasir said.

Simon Danczuk said that during his visit to Sri Lanka last week he had received some positive assurances from the government with regard to the case but he noted that it was still important to put those words into action.

Recalling the telephone call he received on Christmas day of 2011 with the tragic news of his brother’s death, Nasir said it was traumatic and shocking.

The following January Nasir flew down to Sri Lanka and met with the police and other officials over the incident. In a blog posting last December on the first anniversary of the killing, the British Deputy High Commissioner to Sri Lanka and the Maldives Robbie Bulloch had also expressed frustration at the failure to try the suspects involved in the murder.

In the posting on his blog which had been linked to the British High Commission website, Bulloch said that while it may be legal, it must also be difficult for the family of the victim to learn that the suspects have been released on bail.

“Many Sri Lankans were personally touched by the story of this young man who had given so much to others through his humanitarian work with the International Red Cross. Dealing with such a tragic and senseless loss is made even more difficult when a death happens overseas. Khuram’s brother, Nasser, came out to Colombo in January (2012) to try to make some sense of what had happened. It must have been a very bewildering and difficult time. It was at least encouraging for him to learn that the key suspects had been detained and to hear that the Sri Lankan authorities were hopeful for a swift prosecution,” Bulloch said in his blog post.

He noted that given the quick arrests and early assurances it is disappointing that one year on the case has yet to make it to trial.
“As a diplomatic mission, we can’t and shouldn’t get involved in the particulars of the case. But we do share the frustration of the family that the perpetrators of a very brutal murder have yet to be brought to trial. I know that this is a frustration shared by many Sri Lankans too,” Bulloch added. Simon Danczuk said he is sure the Sri Lankan public would, even now, like to see justice done for Khuram Shaikh and his family as the incident brought a black mark on Sri Lanka.

“We get the feeling the Sri Lankan public is embarrassed by this, that they are concerned about it. So they can understand our cause,” the British MP said.

He said that he will be meeting diplomats from other countries to brief them on the case and to try and get their support as well to put pressure on Sri Lanka.

Asked if they have faith in the Sri Lankan justice system even if a trial were to proceed, the British MP said having a trial would be the first step and then they could see what needs to be done next. “We will not give up,” Simon Danczuk said.

The MP also praised the Sri Lankan media for highlighting the incident and added that if a trial does take place then local media reports would help in the push for justice.