By Camelia Nathaniel

Relaxing in the dining area

Not so long ago we lived in fear of being killed in a bomb attack, or amidst some form of terrorist activity. Parents did not travel in the same bus fearing that if terrorists were to explode the bus their children would lose both parents. Yet four years ago after 30 years of bloodshed, our valiant soldiers were able to end a three decade long war and make our motherland a safer place to live in. However it was not easy. It was an extraordinary achievement that our brave soldiers sacrificed much to accomplish.

While almost 120,000 soldiers have sacrificed their lives to free the motherland from the clutches of the brutal terrorists, about 300 service personnel were disabled and totally dependent on others now.

Many of them have sacrificed their eyes so that others can see the beauty of the world, they have sacrificed their hands and are today deprived of the pleasure of holding their loved ones so that we can be free to hold ours, and they have sacrificed their legs and are today wheelchair bound so that we can walk our children to school. Disabled, many of them cannot enjoy the peace for which they scarified so much. In order to ensure that the sacrifices of these brave personnel are never forgotten, the Mihindu Seth Medura in Attidiya was the first project under the Ministry of Defence.

An evening of music and song and Secretary of Defence Gotabhaya Rajapaksa during the presentation of special wheel chairs

The serene, picturesque location is designed to cater to the special needs of these men sine their needs are not such that can be fully provided for within the confines of a hospital or even at their homes. The concept of Mihindu Seth Medura is to establish a ‘Home Away Home’ for severely disabled war heroes, who require continuous care and assistance. In this special setting, their wellbeing is looked into and their dignity is restored whilst ensuring physical, spiritual and mental care with their family, the army and the society at large joining hands as equal partners.

The facility is on a land of 46 acres bordering by a bird sanctuary and the buildings comprise computer laboratory, library and psychotherapy unit.

The classes of creative works, mystery paintings, IT and Yoga provide opportunities for the occupants to improve their talents. The rooms have attached washrooms, TVs and other basic facilities and each occupant is provided with an assistant.

The Commandant of Mihindu Seth Medura, Col. Vajira Kariyawasam said the facility was equipped to cater to 50 patients. It now accommodates 50; five army officers, two navy personnel and 43 army soldiers. “Established on May 30, 2011 under the Secretary, Ministry of Defence and Urban Development (MOD&UD), it is managed and operated by the Sri Lanka Army with a special Board of Management nominated by the Secretary. The facility also aids to uplift its occupants’ psychological and spiritual well being. About 99% of the occupants were paralyzed and three are totally bedridden, but some have improved after the treatment.”

He added that after treatment and care at Mihindu Seth Medura some of the disabled personnel are able to even walk and perform minor tasks. “When the Pakistani tri-forces commander visited the facility he was really impressed with the facilities provided for our injured soldiers. He said that in his country the relevant authorities have not even identified how many of their soldiers are injured. He said that he has never seen this concept anywhere else in the world,” added Col. Kariyawasam.

According to him, a team of Indian doctors had visited the facility and identified five disabled soldiers paralysed due to spinal cord injuries, to conduct stem cell transplant surgery. “The doctors have agreed to perform the operation free of charge and the negotiations are under way, he said.

He further added that there are plans to conduct musical shows in the USA with 1st and 2nd winners of Rana Viru Real star contest, and build an ayurvedic centre at Mihindu Seth Medura.

One of the Army officers at the facility, 35-year-old Lieutenant Wanigasinghe, the father of a five-year-old son, reminiscing how he sustained injuries on that fateful day said “It was the November 20, 2008 in Kilalli near the lagoon. I served in the 5th Vijayaba infantry regiment and was assigned to destroy an enemy bunker located on high ground. We lost several soldiers in the operation. That fateful day, about 2 am I went crawling with several others on a path with electric mines to accomplish the task. We had to crawl removing the mines, and suddenly a blast occurred and I only felt my face heat up and when I touched my face I could feel it in pieces, next I realised that my right hand was in shreds. The only thought that crossed my mind at that point was not the pain of my injury, but of never being able to see my infant son”.

Even at that point Wanigasinghe had not realised his eyes were injured. “I felt that the whole area was dark and could only hear my comrades shouting to evacuate me saying that I was hit. I vaguely felt that I was being dragged away and put into a vehicle, and air lifted. While on the flight one of the other soldiers had seen my tag and realised that I was from his village and had informed my family,” he said.

Today Mihindu Seth Medura has accommodated him so that he would not be a burden on his family. “There isn’t much I can do now as I have lost both my eyes and also my right hand. I have severe scars on my face as well. My son could not understand at first my blindness and asked why I walked with a white cane. But now he says that he loves me because I keep looking for stuff on the road with a white cane while walking,” he said.

Thanks to facilities set up for injured war heroes, today he is recovering and learning to face life. “I am now learning to play the organ and function without much support. I visit home once a month to be with my family, and I am determined not to let this injury hinder my life. I have made this sacrifice for a noble cause and I am proud to have been able to be part of the liberation of my motherland,” he said with great pride and satisfaction.

Another brave young man who has sacrificed his tomorrow so that we could all enjoy the fruits of freedom is 25-year-old Lance Corporal A. Edirisinghe. He was injured in the Mannar area on April 2, 2008. Having partially lost hands and feet he is now wheelchair bound at the prime of his life. “I was injured in an attack in the Adampan area in Mannar while on a mission with six other soldiers. We were crawling toward the enemy line and I suddenly felt that I had been hit. At first I thought I was hit in the shoulder area by the mortar. I was in a daze for a moment and I wanted to tell my colleagues that I was injured, but the words did not come out. However after several attempts I managed to tell them that I was injured. By then I could feel my whole body going numb. I faintly heard one of my comrades shouting to evacuate me and felt them dragging me away by my head.”

He said that he had regained consciousness some time later when he heard his commanding officer’s voice. “He checked me, but as I was wearing the body armour he did not see my injuries and said that I had not been injured. However I had blacked out again and only regained consciousness at the hospital in Colombo. My stomach was bloated like a balloon and I felt that someone inserting a tube into my stomach. However I later found that I had sustained injuries to my spine and had lost the use of all my limbs. I could move my arm, but I cant move my fingers,” he lamented.

However the doctors have told Edirisinghe that he was improving and that he might be able to regain movement and use of his limbs to a point of being independent one day. “I joined the army because I loved it, I still love the army. If I was called to serve again I would never hesitate. I have not given up on a normal life yet and I am hopeful that someday soon, I will be able to walk freely and carry on with my life without depending on anyone,” said determined and hopeful Edirisinghe.

It is heart wrenching to see a young man like Thilina lying helpless on a bed, totally dependent on others. Had he not been injured he would have been an active young officer. Thirty-year-old Major Thilina Chandrakumara’s life has been restricted to a bed or wheelchair for the past five years. Explaining his life and traumatic experience that shattered all his dreams he said that he was the eldest in a family of three. “On the September 27, 2008 I was ordered to destroy an enemy strong point in Muhamalai. We had tried on several occasions but failed with many casualties. I engaged in reconnaissance for around four days prior to the assault. On the day of the assault I set off with 16 others about 1 am to attack at 6 am. However having noticed enemy movement around 5 am we decided to launch the attack. After about half hour of heavy assault we managed to creep into the enemy trench and destroy their bunker complex. I then gathered my troops and returned to our forward defence line. However on the right another eight man team was engaged in combat with the enemy, and I had lost communication with them. After sending my troops to our FDL I went forward to get the other team,” he said recollecting the horrific moments.

Unfortunately Major Thilina could not reach his comrades. “I could not get to them because I suddenly felt this severe pain in my neck. I just collapsed. I vaguely knew that they were dragging me away and I regained consciousness three weeks later in the ICU of the Colombo Army hospital, where I received treatment for the next 4 ½ months before I was transferred to Rana Viru Sevana in Ragama and then to Mihindu Seth Medura.”

He said he has suffered cervical fracture that made him a quadriplegic. He has no specific future plans and he despises people’s sympathy. “I did my duty toward my country, and joining the army was my dream since my childhood and I was prepared for the eventuality. I have no regrets and I don’t want people to feel sorry for me. My only mission now is to settle my brother and sister. In my condition I won’t fool myself into believing that I could have a normal life and future. If I had to do it all over again, I would not hesitate to take the same decisions,” said the determined Major.

These are only a few of the many brave soldiers who have sacrificed much and are paying the price for the freedom they gave us. It is our duty to remember them, and their sacrifice for you and me. Let us retell their tales, lest we forget, that all gave some, but some gave all.

More than a month after the DMK withdrew support to the Manmohan Singh government over the Sri Lanka vote issue at the UNHRC session in Geneva, no one is talking about the ‘Tamil Nadu factor’ influencing India’s Sri Lanka policy. If anything, after a decade and more, a government at the Centre has survived without parliamentary support from any of the ‘Dravidian parties’ in Tamil Nadu.

It is believed that the differences between the original draft and the final one at Geneva might have been influenced by New Delhi. And tactically, India could not have influenced the draft-changes without supporting the US. Even an abstention at UNHRC could not have helped. On substantial issues, India’s vote would have to be construed as making Sri Lanka ‘accountable’, not on ‘human rights issues’ but on a ‘political solution’. This also seems to be the view of many of the voting members at UNHRC, given the practicalities of the issues and procedures that are involved.

In this background, Sri Lanka President Mahinda Rajapaksa’s reiteration that the elections to the Tamil-majority Northern Provincial Council will be held in September, if implemented, could go a long way in making countries such as India to reconsider their current position in the UNHRC session the same month. Though no vote is scheduled at UNHRC – which becomes due only in March next year – free and fair polls to the Northern PC in Sri Lanka would not only convince India, but also many other nations to reconsider their present position. Tactically, the US too may have to reconsider moving a fresh motion, procedural or otherwise, where even if it were to win, the vote-count at the UNHRC would have come down. There will then be a strong message, not for Sri Lanka, but for the US and its European allies, instead.

Making ‘accountability’ a stand-alone issue?

A lot will depend on the level of fairness and free-play in the conduct of the Northern PC polls. Held in September, before the monsoon lashes the region, it could have a welcome bearing on the prestigious Commonwealth Summit that Sri Lanka is hosting in November. An elected provincial administration in the North, headed by the Tamil National Alliance (TNA), is a distinct possibility, and it may then, will have to be left for them and the Government in Colombo to make the required adjustments, both in terms of approach but more in terms of attitudes and mindsets. A non-TNA administration is still a theoretical possibility. Issues and attitudes would still remain, and they could be equally complex.

If between the NPC polls and the March-2014 session of the UNHRC, the Sri Lankan Government were to commence the consultative process for a negotiated settlement to the ‘ethnic issue’ that could well go a long way in assuaging the genuine apprehensions of the international community on that score. This in turn could render ‘accountability’ a stand-alone issue, where individual nations will be deciding on their experience in the matter – or, perceptions in such matters. For now, Government Chief Whip Dinesh Gunawardene has revived on the floor of the House the call for the UNP Opposition to join the Parliamentary Select Committee (PSC) process. UNP’s Ranil Wickremesinghe has come out with the party’s views on joining the process, whether or not the ‘limited’ TNA ‘ally’ joined in.

It could cut both ways, as nations backing the cause of ‘accountability’ for ‘war crimes’ in Sri Lanka might still want ‘justice’ as they understand – or, want it to be. But it is not always that the rest of the world understands the same, the same way. Counter-arguments on HR allegations against western countries in their engagements in Afghanistan and Iraq may then get more patient listeners than at present. The table then would have the potential to be turned against the protagonists themselves, after a point. At the end of the day, it’s a numbers game, and numbers have a way of swinging on their own after a point.

The UNHRC resolutions of course derive from Sri Lanka’s past commitments, just as India’s vote in the past may have flowed from Colombo not implementing war-time commitments on a political solution in the post-war era. Perceptions remain, as the methodology of post-war solution was not discussed during the war-time. It was obvious Parliament would have to be involved at some stage, but PSC had not been thought of, possibly even by the Sri Lankan Government at the time.

‘Sole representative’?

Now, the PSC has become the talking-point to the talking-point, and that’s where the Government’s negotiations with the TNA collapsed. Today, the TNA itself is facing a threat of collapse, though not to the same degree, but internal differences within the multi-party Alliance could hit the roof, and then the streets, in time for the September polls in the North. Even when talking to the TNA, Colombo left no one in doubt that the Alliance could not be the ‘sole representative’, which status predecessor-Governments had conferred on the LTTE. If the Government of President Mahinda Rajapaksa talked to other Tamil groups as well, others did not take those talks seriously, to confer on Colombo’s efforts the character of multi-layered, multilateral process. That was a problem, too.

Provincial Council elections in the North, as and when held, could be the precursor for reviving the negotiations, either through the PSC or with the Tamil parties, or both. If the TNA were to form a provincial administration, none of the party leaders have had the experience of sitting on the Treasury Benches, and would begin to know where the shoe really pinched, how and why. It could then be easy for them to apprehend the larger and smaller issues involved in political administration. Equally so, they could throw up their hands and cry foul on the devolution front. Either way, they could still begin somewhere, and prove that they are up to it – to themselves and to their people, before proving themselves to the Sri Lankan State, the Sinhala polity and the rest of the world, which is all for further devolution, without possibly knowing and understanding what it is all about.

The TNA began well by the status quo when it contested the Eastern Provincial Council elections under a retired navy officer as the Governor. It has a retired army officer as the Governor in the North. It has sought his replacement with a ‘civilian governor’, since. In a Province where the army’s presence is a reality for its own reasons and possible justification (if only up to a point), and their involvement in infrastructure development has shown results on the ground, a new government with no experience in administrative matters could gain as much in practical terms as it might stand to compromise in political terms – or, contest both, from experience.

The negotiations that the TNA seeks with the government are also one of give-and-take, and hence of compromises – where both sides would not now budge from their past positions, after all.
(The writer is a Senior Fellow at Observer Research Foundation)

The recent arrest of former Colombo Deputy Mayor Azath Salley under the Prevention of Terrorism Act (PTA) sent shockwaves in the political arena reminding most people of the prevalent uneasy environment in the country during and after the war.

The government had removed the emergency regulations after the war, but the PTA remained in force as the government claims that the LTTE once again may attempt to raise its head.

However opposition political parties, civil society and human rights groups feel that it is now needless to keep PTA in force and are demanding that it be repealed.

The National Peace Council says the PTA is itself not the issue but the abuse of its powers by the authorities is where the problem arises.

Speaking to The Sunday Leader Executive Director of the National Peace Council, Dr. Jehan Perera said that many democratic countries have equivalents of the PTA including the US, the UK and India.

He says even though international human rights organisations have criticised these laws saying they can lead to human rights violations, the anti-terrorism laws still remain in many countries.

However, he says the US, the UK and India have strong systems of checks and balances. They have independent institutions of partisan political control. They have independent police, public services and judiciaries. Even their heads of governments would hesitate to try and interfere with them.

“In Sri Lanka, however, the situation is entirely different. Over the past few decades, ruling politicians have humbled our once independent institutions to which the best of our educated people aspired to join. The repeal of the 17th amendment that sought to improve the independence and integrity of the most important institutions of state has been an enormous tragedy. There is a general feeling that every important event is dictated by politics, and not by merit or legal right,” he said.

Dr. Perera says in these circumstances, laws such as the PTA are prone to be abused. There is no effective check on the government’s discretion to do as it pleases. He notes that the sudden arrest of Azath Salley under the PTA and his equally sudden release on president’s orders show how the laws can be abused.

“Therefore, in the absence of a system of checks and balances, and institutions that are free from the whims and fancies of the ruling politicians, I would advocate the repeal of the PTA,” he said.

His views are shared by a well known think-tank and advocacy group, the Centre for Policy Alternatives (CPA).
The CPA is deeply concerned about the use of the PTA when the Government’s own National Human Rights Action Plan (NHRAP) in 2011, pledged to review its application and amend provisions to conform with human rights norms within a period of one year.

It also notes that a number of emergency regulations that would have lapsed when the state of emergency was terminated have been continued in force by the convenient expedient of re-promulgation under the PTA, illustrating how emergency measures can be continued in perpetuity without the need for the declaration of a formal state of emergency, and the attendant checks and balances that follow such a declaration.

“CPA has consistently maintained that the PTA in its current form has no place in a democratic society. CPA strongly reiterates this call in the present context in which the terrorist threat against which the PTA was officially justified for three decades has now been eliminated,” the CPA said in a statement. It is the view of the CPA that the provisions of the PTA fly in the face of almost every conceivable human rights norm pertaining to the liberty of the person, including most prominently, detention without charge for extended periods of time at irregular places of detention, the broad denial of detainees’ rights, admissibility of confessions in judicial proceedings subject only to the most tenuous of safeguards, the shifting of the evidential burden of proof to the defendant, and disproportionate penalties.

“The unchecked detention powers, special trial procedures and absence of meaningful judicial review in the PTA facilitate arbitrary and capricious official conduct, including torture. The PTA also makes serious incursions into the freedom of expression and the media by requiring in certain circumstances governmental approval for printing, publishing and distributing publications and newspapers,” CPA said.

With the government however saying it cannot and will not repeal the PTA now, the London based Amnesty International has written to the UN Human Rights Council (UNHRC) highlighting its concerns over the issue.

UNHRC is meeting next week for its 23rd session and Amnesty International has in a letter to the Council ahead of its meeting, alleged that the Government of Sri Lanka continues to employ the Prevention of Terrorism Act (PTA) to detain critics.
Amnesty says the PTA restricts freedom of expression and association, permits extended administrative detention, and reverses the burden of proof where torture or other ill-treatment of detainees is alleged.

“HRC Resolution 19/2 of 2012 called on Sri Lanka to ensure accountability for alleged violations under international law; Resolution 22/1 of 2013 reiterated this call and expressed concern over reports of continuing violations of human rights. It noted the call of UN High Commissioner for Human Rights for an “independent and credible international investigation into alleged violations of international human rights law and international humanitarian law” in Sri Lanka.

Amnesty International believes international action to secure accountability in Sri Lanka remains essential,” the letter said.
Amnesty International feels the Sri Lankan government’s alleged “intolerance of criticism” combined with an ‘unwillingness’ to rein in its supporters who use violence against their political opponents, threatens to unravel the rule of law in Sri Lanka.
“As long as impunity reigns, and dissent is stifled, the Sri Lankan government’s promises of reconciliation following the conflict are empty,” Amnesty International said.

During Sri Lanka’s Universal Periodic Reviews in 2008 and 2012, in reporting to the UN Committee against Torture and the UN Working Group on Enforced or Involuntary Disappearances, and in addressing the Human Rights Council (HRC), the government had claimed to protect human rights.

Sri Lanka’s public health care service that is intended to benefit many, especially the poor, is plagued with corruption and malpractices. While the government and higher officials at the Health Ministry are allegedly making money from the Health Ministry budgetary allocations, those who go to government hospitals seeking free health services face difficulties as they have to buy their medicines from private pharmacies as a result of an acute medicinal drug and medical supplies shortage in government hospitals in the country. Although sources in all main hospitals on the island including the Colombo National Hospital, Colombo South Teaching Hospital Kalubowila, Kandy General Hospital, Peradeniya Teaching Hospital, Kurunegala General Hospital, Cancer Institute Maharagama, Karapitiya Teaching Hospital, Matara General Hospital and Anuradhapura General Hospital confirmed to The Sunday Leader that there has been a severe drug and medicinal supplies shortage over the past few months. However, Director Medical Supply Division (MSD) of the Health Ministry Dr Kamal Jayasinghe claims otherwise.

Secretary to the President Lalith Weeratunge’s letter to Health Secretary Dr T. R. C. Ruberu requesting to take diciplinary action against Dr Ajith Mendis and The letter sent to Secretary to the President Lalith Weeratunge by the presidential investigation unit informing Dr Ajith Mendis’ frauds

According to Dr Jayasinghe, there is no drug shortage in the country but only a fake drug shortage that has been created by the media to put the government in difficulty. Health service trade unions accused the government for the continuous drug shortage in the country which they said was a direct consequence of not implementing the Senaka Bibile Drug Policy. Prof. Bibile played a leading role in developing a rational pharmaceutical policy aimed at ensuring that impoverished people would get quality drugs at a low price. A careful selection of drugs was an essential component of the policies he advocated. Since there were allegations that pharmaceutical companies in the country made considerable profits by selling drugs under their trade name, Prof. Bibile investigated the issue and recommended the establishment of a national policy and a state body to regularize the trade. He became the founder Chairman of the State Pharmaceuticals Corporation (SPC). The SPC then channelled all imports of pharmaceuticals, calling for worldwide bulk tenders which were limited to the approved drugs listed in the national formulary. The public and private health sectors obtained all their requirements from the SPC. Hence the drug trade was regulated by this body and drug sellers were forced to compete with each other.

“Who says that there is a drug shortage in hospitals when there are adequate stocks,” - Health Ministry When The Sunday Leader contacted Media Officer W. Wanninayake since Minister Sirisena was not contactable, he too said that there is no shortage of medicines in the country. “Who says that there is a drug shortage in hospitals when there are adequate stocks,” said Wanninayake. However Wanninayake did not wish to answer any question posed at him with regard to the malpractice and corruption taking place in the Health Ministry but said that he was unaware of any allegations against any one at the ministry for alleged corruption or malpractice. When asked what was meant by the Health Minister last week in his reference to the mafia, Wanninayake said that he could not make any comment about it and suggested that we speak to the Minister. With regard to the Health Ministry’s failure to take action against the former DG Dr Ajith Mendis as instructed by the Presidential Investigation Unit, Wanninayake said that there was no such allegation levelled against Dr Mendis. “Who said that there is such a directive from the Presidential Investigation Unit? As far as I know there is no such directive,” said Wanninayake.

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“If the Minister knows that there is such a mafia, why cannot he take any action against them?” - Chairman Healt Services Trade Union Alliance

In run up to the 2005 presidential election, Mahinda Rajapaksa in his election manifesto- Mahinda Chinthanaya promised to implement the much needed Senaka Bibile Drug Policy to put a complete stop to the drug shortage and inflow of sub-standard drugs to the country. Nimal Siripala De Silva too gave the same assurance when he became the Health Minister. All became mere promises to words as none of them wanted to implement this as it would affect their stooges who were engaged in medicinal drug supply to the country. Had the drug policy been implemented, these politicians and their stooges would not have benefited,” said Chairman Health Services Trade Union Alliance (HSTUA) Saman Ratnapriya. According to Ratnapriya, it has now emerged that a sizeable amount of public funds allocated to the country’s health sector ends up in the pockets of certain ‘big wigs’ within the administrative setup. “For 2013, the government allocated Rs 125 billion to the health sector out of which only Rs 16 billion was allocated for drugs and other medicinal supplies which was not enough at all. However 30% of this amount too was lost due to corruption. Although we have brought to the notice of the government and the Health Minister that the main reason behind this drug shortage is corruption and malpractices with authentic documents, instead of taking action against the higher officials who earned millions of rupees through shoddy deals only the lower ranking employees who helped to expose the fraud have been transferred to cover up the mater,” alleged Ratnapriya. He further said that although there is plenty of evidence about these shoddy deals and the names of those involved have been exposed, nothing has been done to take action against them. “When the Presidential Investigation Unit wanted the Health Ministry to take disciplinary action against the then Director General of Health Services Dr Ajith Mendis for alleged fraud, the Health Ministry did not take any action but allowed him to go on retirement last August,” said Ratnapriya. According to Ratnapriya, the Health Ministry loses a considerable amount of its allocation for local purchases. “When the Ministry can place orders for medicine and other supplies in advance without waiting till the stocks are over, they prefer to go for local purchases as these Ministry officials too can manipulate the prices. This was what happened when the Medical Supplies Division purchased surgical gloves at a cost of Rs 45 per pair when they could have been purchased for between Rs 20-25 through the tender procedure. The same gloves have been purchased for Rs 67 by the National Hospital. It was the same with examination gloves. When a pair of examination gloves could have been bought for Rs 2.50 through local purchase they have been bought at a rate of Rs 7.68 to 7.80. This shows as to how certain Health Ministry officials and local suppliers have robbed our own money to the tune of over Rs 1 billion on this shoddy deal alone,” alleged Ratnapriya. He further said that action has not been taken against the company that supplied the Cloxaciline vials which contained glass particles in one injection at Kalubowila Hospital. “Although the Cloxaciline vials were withdrawn from the Kalubowila hospital, they were not withdrawn from any other hospital. It has now been revealed that although Cloxaciline is purchased at a cost of Rs 8.78 per vial through tenders, this particular batch of vials have been purchased locally at a cost of Rs 30.38 per vial. The loss to the country through this deal was Rs 25.3 million,” added Ratnapriya. He further queried as to why Health Minister Maithripala Sirisena is not taking any action against his (Sirisena) own officials for engaging in fraudulent drug and surgical instrument purchase deals but only stating that there is a drug mafia in the country. “The Minister recently said that there is a drug mafia in the country. If the minister knows that there is such a mafia, why can’t he take any action against them? He is the Health Minister who has all powers. It was during his tenure as Health Minister that the Presidential Investigation Unit wanted the Health Ministry to take disciplinary action against Dr. Ajith Mendis for misusing public money which ran into billions of rupees. Why didn’t the Minister take action against Dr Mendis? Why can’t the minister implement the much needed Senaka Bibile Drug Policy which has no room for illegal drug purchase which has now become a curse,” added Ratnapriya.

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“Very rarely there would be a drug shortage but it is not bad as the way the media highlighted,”  - Director Medical Supplies Division

While refuting that there is a drug shortage in the country, Dr Kamal Jayasinghe said that out of the 21, 000 medical supplies only 5 or 6 items goes out of stock and that too rarely. “Very rarely would there be a drug shortage but it is not bad as the way the media highlighted. Regularly we have review meetings with Ministry officials and the SPC to discuss the availability of drugs and other medical supplies in the country,” said Dr Jayasinghe. When asked as to why the Health Ministry is very keen in going for local purchases without following tender procedure which costs the Ministry dearly, Dr Jayasinghe said that there is no other option for him than going for local purchase if the supplier has failed to supply the items regularly. Asked as to why the drugs that are imported are not tested for quality and as a result the inflows of substandard drugs have become uncontrollable, Dr Mendis said that it is up to the SPC to follow the criteria. “I am responsible in selecting the necessary drugs, estimating, placing orders with SPC and ensuring the medicine is stored according to the proper standard. I also monitor the drug shortages and if so have discussions with the SPC and Ministry officials and rectify the situation. In an emergency I have to purchase the necessary drugs or any other medical supplies locally,” said Dr Jayasinghe. Dr Jayasinghe meanwhile said that he does not know why the companies that have supplied substandard drugs have not been blacklisted. He said we would have to ask the SPC as it is their responsibility and not the MSD’s.

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“The Ministry officials allow their friends to supply drugs and get a good commission” - General Secretary of All Ceylon Health Services Union

Meanwhile, General Secretary of All Ceylon Health Services Union Gamini Kumarasinghe said that the drug shortage has become a serious issue now and added that under the present government this has become a regular problem. “Although the government boasts that Rs 125 billion has been allocated for the country’s health sector we wish to know as to where these monies have gone. The Treasury does not release the required money to purchase the medicine. As a result the Health Ministry has not paid the drug companies their dues which has resulted in stopping the supply of medicines. Kumarasinghe accused the government of not implementing Senaka Bibile Drug Policy as the budgetary allocations have gone in vain as there is no drug policy in the country. “The Ministry officials allow their friends to supply drugs and get a good commission. Even if these companies are found guilty for importing substandard drugs they are not blacklisted,” said Kumarasinghe. He further queried as to how the 21 complaints that have been lodged against former Director General Dr Ajith Mendis at the Bribery Commission has ignored. “Even the Presidential Investigation Unit has found out that Dr Mendis is guilty but it is surprising why the Bribery Commission with all the documents provided has failed to initiate any investigation. If these complaints were lodged against a person without any political clout, by this time investigations would have been initiated,” added Kumarasinghe

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Unless the drug policy is implemented the irregularities that takes place in the drug purchasing process cannot be revived  - Chairman SPC

Prof. Lal Jayaratne is of the view that in the absence of a drug policy in the country, the prevailing drug mafia cannot be stopped. “The drug policy has to be presented to parliament and approval obtained for implementation if we need to stop the inflow of substandard drugs to the country,” said Prof. Jayaratne. According to him it is the multinational drug companies that control the drug mafia in the country by influencing the higher officials. Speaking on the blacklisting of drug suppliers, Prof. Jayaratne said that unless investigations prove that a particular company has supplied substandard drugs on a few occasions, there is no system to blacklist a company that had a good past record. “If we start to blacklist all the companies that supply substandard drugs on each and every occasion, then there would be no companies for us to purchase medicine. However we have blacklisted many drug companies. Although allegations have been levelled against us for being biased we have taken the right decision at the right time,” said Prof. Jayaratne. When asked as to why there is an acute drug shortage in the country, Prof. Jayaratne said that it was due to many reasons – from quality failure to storage problems. “There is no acute drug shortage at present as the situation is far better than when compared to a decade ago. With regard to the failure to quality check the medicine that enters the country, unless we improve the capacity of NDQAL we cannot quality check all the medicine that comes to Sri Lanka. This is not good and that is why we are getting more and more substandard drugs,” said Prof. Jayaratne.

The chart shows the price difference of some of the medicines sold under generic and brand names

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“Knowing the loopholes, India keeps on sending substandard, quality failed drugs to Sri Lanka,”  - National Organizer of the Prof. Senaka Bibile Commemorative Association

National Organizer of the Prof. Senaka Bibile Commemorative Association Dr Jayantha Bandara said that the long delay in implementing the Senaka Bibile Drug Policy was due to the actions of persons with vested interests. Dr Bandara accused the government for its failure to implement the Senaka Bibile Drug Policy though many assurances had been given by Ministers Nimal Siripala de Silva and Maithripala Sirisena since 2005. “The delay is to please their stooges. If the Senaka Bibile Drug Policy is implemented, drugs and other medical supplies cannot be purchased according to the whims and fancies of those who are near and dear to these politicians,” said Dr Bandara. According to him, all attempts to get the Drug Policy Bill passed in parliament over the years in order to ensure quality medicines for the people was hampered due to the ulterior motives of multinational drug companies. “The government is not concerned with providing quality medicine to its people as the ‘big wigs’ are bribed by multinational drug companies. The Health Ministry dances to the tunes of these drug companies without providing the people a value oriented health service. When the Health Ministry blacklisted eight Indian drug companies in 2011 for supplying substandard drugs, the Indian government got the blacklisting withdrawn immediately. As a result the Health Ministry still purchases substandard, quality failed drugs from these companies,” said Dr Bandara. He noted that multinational drug companies have openly stated that they do not need the Senaka Bibile drug policy implemented but only a national drug policy knowing that in the event the Senaka Bibile drug policy is implemented, there are no loopholes to import quality failed substandard drugs especially from Tamil Nadu. He further noted that this policy was supported by the World Health Organization (WHO) and other UN agencies with enormous benefit to third world countries and this is now being followed by over 100 countries including developed nations. “The advantage would be enormous and people would be able to purchase any kind of drug under its generic name at a fair price. If this policy is implemented the government does not need to spend billions in foreign exchange to import a number of essential drugs, but only a few hundred varieties of drugs. Fixed prices for drugs with quality assurance would come into the market instead of substandard and quality failed drugs,” added Dr Bandara. Meanwhile, Dr Bandara challenged the Health Minister to take action against the officers who have misplaced the government draft National Medicinal Drug Policy (NMDP). “According to Minister Sirisena the draft copy of the NMDP has been sent to the Legal Draftsmen’s Department where it has gone missing. If the draft has gone missing why can’t they send another copy? Why can’t the Health Ministry request the Legal Draftsmen’s Department to take action against the officers who are responsible for the document?” said Dr Bandara. Dr Bandara further explained as to how the drug prices are different when they are sold under brand names instead of the generic name. “When our own State Pharmaceuticals Manufacturing Corporation (SPMC) has the capacity and the knowledge to manufacture most of the drugs that we need with the best quality assurance, the Health Ministry instead of supplying raw materials to them, keep on importing medicines which are commonly sub standard. When I made a field visit to the SPC and some leading drug stores in and around the General Hospital I found out there is a big price difference between the SPMC drugs which are sold under their generic name and the drugs that are sold under brand names. When doctors prescribe these brand names the patients have no choice but to pay higher prices,” said Dr Bandara. According to Dr. Bandara, the Medical Supply and Technology Division of the Health Ministry is the Drug Authority which has the National Drug Quality Assurance Laboratory (NDQAL) that can check the quality of all drugs that are imported. “The SPC Chairman clearly states that 90% of the required drugs are imported from India and have no quality assurance since we have no facilities to check the quality of these medicines. The NDQAL’s role should be to check the sample from the manufacturer to give approval to import the medicine and then to carry out a random check before the stock is shipped. Once the stocks are brought to the country another random check has to be done before they are distributed and to check once again if there are any complaints from the public. Other than carrying out tests to see the quality of the medicine if there are complaints from the public, the other procedures are not carried out. Knowing these loopholes India keeps on sending substandard quality failed drugs to Sri Lanka ,” said Dr Bandara.

The focus of my article in The Sunday Leader of 5 May was on the need for Northern Provincial representation. It now looks as if those elections may be held in September 2013. I will elaborate on the likely consequences of representation, or the lack of it, drawing on past experience in Sri Lanka, India and the USA.

All over Sri Lanka the bulk of the Muslim population are Tamil speakers. It was so almost 100% at every socio-economic level when the Official Language Act was enacted in 1956. But at that time the political leadership of the Muslims comprised mostly Members of Parliament representing Sinhalese majority electorates. All these voted for Sinhala Only, as desired by their mostly Sinhalese voters, even though they were themselves Tamil speaking.

The Muslim MPs representing Eastern Province electorates voted against the Bill, as desired by their voters, nearly all of them Tamil speaking. In the Senate, A.M.A. Azeez, who was not elected by Sinhalese voters, not only opposed the Bill but quit his party on this issue. One of the objectives in forming the SLMC, much later, under the leadership of Ashroff, based in the Eastern Province, was to ensure the election of Muslim MPs responsive to the wishes of the Muslim population.

In India, the Dalits /Harijan /Untouchables and Tribals have enjoyed quota reservations in political bodies and public institutions at all levels for close to a century. The practice had been that the reserved seats had been rotated from election to election with only Dalits standing for elections in the seats reserved for them.  In the 1930s, about the same time as the Donoughmore Commission in Sri Lanka, a dispute arose between the Dalit leader Dr. B. Ambedkar and Mahatma Gandhi as to whether electorates should hitherto be purely territorial or whether Dalits should have separate electoral registers.

Gandhi wanted the former, and Ambedkar the latter, but there was no dispute regarding the need for reservations. Under Gandhi’s proposal even in electorates for Dalits, the majority of the voters would be non-Dalits. Dr. Ambedkar argued that the Dalit candidates would then tailor their manifestos to suit the majority non-Dalit voters. In fact Dalit candidates seeking High Caste Hindu votes would often stand respectfully outside the house, declining any invitation to enter the house or to sit on a chair or to accept a cup of tea. Such practices helped to win High Caste votes.  Dr. Ambedkar wanted Dalit candidates to adopt radical manifestos for 100% Dalit electorates.

The British Colonial Government suspended progress towards independence till this issue was solved. Gandhi started a fast to death and was close to death when Ambedkar caved in, and agreed to purely territorial electorates with both Dalit and Non-Dalit voters in exchange for increased quotas for Dalits. It is this compromise that was embodied in the Indian Constitution drafted two decades later under the Chairmanship of Dr. Ambedkar.

In the USA, Governor Wallace of Alabama, perhaps the most racist of the Southern leaders, had Presidential ambitions. His state had a Black majority but he had ensured that, as in most Southern states, most of the Blacks were denied voting rights on some pretext or the other, such as illiteracy. The Whites all over the South were fearful of being swamped by Blacks if they gained voting rights.

His 1962 campaign slogan was, “From the cradle of the Confederacy, this very heart of the great Anglo-Saxon Southland … Segregation now! Segregation tomorrow! Segregation forever! He bitterly and violently opposed the Voting Rights Act, but when he found that he could not stop it, he did a U-turn on many issues. He thereafter supported many Black causes because his vote base was now more Black than White, though he remained as racist as ever.

Hopefully the NPC elections will not only bring about changes in the administration of the Northern Province, but also compel Colombo to take into account the NPC leadership, which may be why these elections have been long delayed. The elections and their likely outcome will surely have a positive impact on the politics of Colombo and also on National Reconciliation.

 

In India, the Dalits /Harijan /Untouchables and Tribals have enjoyed quota reservations in political bodies and public institutions at all levels for close to a century. The practice had been that the reserved seats had been rotated from election to election with only Dalits standing for elections in the seats reserved for them.  In the 1930s, about the same time as the Donoughmore Commission in Sri Lanka, a dispute arose between the Dalit leader Dr. B. Ambedkar and Mahatma Gandhi as to whether electorates should hitherto be purely territorial or whether Dalits should have separate electoral registers.

Gandhi wanted the former, and Ambedkar the latter, but there was no dispute regarding the need for reservations. Under Gandhi’s proposal even in electorates for Dalits, the majority of the voters would be non-Dalits. Dr. Ambedkar argued that the Dalit candidates would then tailor their manifestos to suit the majority non-Dalit voters. In fact Dalit candidates seeking High Caste Hindu votes would often stand respectfully outside the house, declining any invitation to enter the house or to sit on a chair or to accept a cup of tea. Such practices helped to win High Caste votes.  Dr. Ambedkar wanted Dalit candidates to adopt radical manifestos for 100% Dalit electorates.

The British Colonial Government suspended progress towards independence till this issue was solved. Gandhi started a fast to death and was close to death when Ambedkar caved in, and agreed to purely territorial electorates with both Dalit and Non-Dalit voters in exchange for increased quotas for Dalits. It is this compromise that was embodied in the Indian Constitution drafted two decades later under the Chairmanship of Dr. Ambedkar.

By Mandana Ismail Abeywickrema 

The working masses last week drew battle lines with the government in demanding a withdrawal of the increase in electricity tariffs and are now moving towards a day of protests on Tuesday (21).

The massive protest march organized by trade unions, opposition political parties and the civil society on the 15th in Colombo saw large crowds congregating, shouting slogans against the government for its failure in addressing the issues faced by the people.

The protest march on the 15th undoubtedly was a warning sign for the government of the increasing public dissention against last month’s electricity tariff hike.

Despite a protest being organized by pro-government elements demanding that the hard won peace be protected on the 15th in response to the protest demanding the withdrawal of electricity tariffs, the momentum gained by the people’s demand eventually prevailed in Fort.

Opposition and UNP Leader Ranil Wickremesinghe said that the struggle would continue on the streets and would only end with a change of government.

Hot on the heels of the protest march on the 15th, the nation wide strike on the 21st is another blow by the people to the government to acknowledge the difficulties of the people and to stop burdening them for the corruption, wastage and irregularities in the administration.

The Coordinating Committee for a Joint Trade Union Alliance last week re-affirmed that the nation-wide strike action called for the 21st would continue since the government has so far failed to respond positively to the demand to withdraw the increased electricity tariffs.
The committee consists of over 600 trade unions including the UNP’s Jathika Sevaka Sangamaya (JSS) and the JVP’s National Trade Union Center (NTUC).

Head of the National Trade Union Center, K. D. Lalkantha in a letter to President Mahinda Rajapaksa on Friday, warned that the strike action on the 21st is the first in a series of actions that would be taken to demand the withdrawal of the electricity tariff hike.

He also included 10 proposals for the President to implement before the 21st if the government did not want any workers’ agitations.

Among the proposals are the withdrawal of the electricity tariff hike, issue a circular stopping the payment of electricity bills of ministers’ houses with public funds, cancel and enter into new agreements with private diesel plant owners, set up essential coal power plants with good machinery and equipment, renovate and increase the capacity of the Sapugaskanda oil refinery, set up a new oil refinery and to stop any plans of privatizing the generation and distribution of electricity.

“The government is now in the habit of organizing protests when protests are organized with dissenting views. It is the same when leaflets are distributed. Let’s see if the government would also organize a strike to counter the strike called by the trade unions as well,” Lalkantha said on Thursday addressing union leaders at the Public Library auditorium.

He said the government has resorted to a mud slinging campaign in response to the people’s demand.

According to Lalkantha, trade unions and organizations from various sectors are continuing to join the 21st action.

Trade unions affiliated to governing party allies, the Communist Party of Sri Lanka and the LSSP have written to the Coordinating Committee that they too would support the strike on the 21st.

Bala Tampoe’s Ceylon Mercantile Union and the Ceylon Federation of Trade Unions have also joined the 21st action.
Meanwhile, the strike action has extended to the Northern and Eastern Provinces as well.

The TNA has also decided to extend its support on the trade union action on the 21st by calling all trade unions in the North and East to participate in the strike.

TNA parliamentarian M. A. Sumanthiran said the working masses in the North and East would also join the strike on the 21st.
He explained that despite the fact that many people in the North and East were still facing many issues including the lack of electricity, the TNA had decided to join the strike since it is now a national issue.

 

Govt Trying To Suppress Workers

Trade unions said on Friday that the government has commenced various action to prevent the workers from resorting to trade union action on the 21st demanding a withdrawal of the increased electricity tariff.

The Coordinating Committee for a Joint Trade Union Alliance alleged that some private sector employers had come under pressure to prevent private sector workers from participating in the agitation.

Committee member Mahinda Jayasinghe said the government’s action to prevent workers from participating in the strike action on the 21st was a violation of the workers’ fundamental and human rights.

He noted that the trade unions condemned the move and called on the people not to be deterred by cowardly actions of administrators.

He explained that several state departments and statutory boards have been sent letters from respective ministry secretaries directing the cancellation of leave of all employees next week.

“We have received letters sent by ministries to some departments and statutory boards asking them to cancel leave of their employees and to ensure that they are present at work on the 21st. The department and board heads have also been asked to take note of any person who is absent from work on the 21s,” Jayasinghe said.

The government has also sent circulars to various schools directing the school principals to call on the teachers to sign the register on three different occasions during school time on the 21st to ensure that all teachers are present at work, he said.

Jayasinghe added that schools in the Southern Province have been asked to hold the Vesak sil observation programme in schools that was initially organized on the 23rd, on the 21st instead.

“These are just a few incidents that have taken place and they will increase by the 21st. These are cowardly acts of a government that has got scared of the people and their rights,” Jayasinghe said.
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A Unique Protest Campaign

The Coordinating Committee for a Joint Trade Union Alliance says that the agitation campaign on the 21st would go beyond a nation wide strike action limited to the public, private and estate sector workers.

Committee member and head of the Inter Company Employees’ Union (ICEU), Wasantha Samarasinghe said that the general public could also join in the protest campaign.

He explained that people could put up black flags in their homes and offices to express their protest against the electricity tariff hike.

He further noted that bus operators, three wheeler drivers could stay away from the road, farmers could not take their produce to the economic centers, shops and boutiques could close shop for even a few hours and people could not make any purchases on that day as a mark of protest.

“This is a unique campaign where people could participate even from their homes,” Samarasinghe said, adding that it is all about commitment to a cause and making a sacrifice.

The Committee had decided on extending the campaign from a strike limited to the working masses to a more inclusive form since a strike action would limit people from participating in a national struggle.
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Uni Lecturers To Boycott Lectures

The Federation of University Lecturers Association (FUTA) announced that university lecturers would boycott lectures on the 21st to support the agitation campaign on the 21st.

President of FUTA, Dr Nirmal Ranjith Devasiri said that the executive committee of the federation had reached the decision following discussion on how to support the protest campaign on the 21st.

He observed that the FUTA also participated in the protest march on the 15th and has decided to extend its fullest support to the continuous agitation campaign demanding the withdrawal of the increased electricity tariffs.

“The government, instead of addressing the economic issues properly and putting a stop to the wastage of public funds, has burdened the people with high tariffs,” Dr Devasiri said.

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FTZ Workers To Strike

Workers in the free trade zones (FTZs) are to join the trade union action on the 21st.

Head of the FTZ and General Workers’ Union, Anton Marcus said that while there were about 40,000 workers who participated in the protest campaign against the private sector pension scheme two years ago, there would be an increased participation in the strike action called on the 21st since it is a national issue.

He explained that the workers in the FTZs have been made aware of the 21st agitation campaign through the trade unions.
“We are discussing with the trade unions to speak with employees of companies that do not have any trade unions to join the action on the 21st,” Marcus said.

However, Marcus added that owners of industries in the FTZ have come under pressure from the governing party not to allow any workers to go on strike.
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BASL To Provide Legal Assistance

The Bar Association of Sri Lanka (BASL) has agreed to provide the necessary legal assistance to the working masses in the event of any suppressive action against them.

The BASL has given this assurance to the trade unions during a meeting on Friday evening.

The BASL has noted that the people have been constitutionally given the right to engage in union action to win their demands and that any action to prevent it would be a violation of their rights.

The BASL has noted that the Association in principle recognized the trade unions’ right of association and freedom of expression.

He said the issue of agitations calling for a withdrawal on electricity tariffs would be discussed at the BASL executive committee and the Bar Council since it is a national issue.

Therefore, the BASL has stated that the association would provide any legal assistance to workers who would be victimized for participating in the strike on the 21st.

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.

D. G. Podinona, wife of dissapeared Benet Gamage, during the 1988-1989 period in an emotional mood at Matale court premises, when the Mass Grave case was taken up for hearing on Wednesday
Picture by Saman Kariyawasam

The Matale mass grave issue was back in the limelight last week with families of several persons who had gone missing in the Matale area during the 1988-1989 period requesting courts to carry out investigations to determine whether remains of their loved ones are among the skeletal remains unearthed from the mass grave.

The Matale magistrate and additional district judge Chaturika de Silva last week ordered a full probe into the Matale mass grave – which is by far the largest to be unearthed in the country – after accepting the 13 affidavits that were handed to court by 11 relatives of persons who had disappeared in the Matale area during the period of the mass grave.

Attorney at Law and JVP Central Committee member Sunil Watagala who also appeared before the Matale Magistrate said the magistrate had also permitted the JVP to become an intervening party in the case.

“The judge told the court that after considering Clause 138 of the Criminal Procedure Code and Article 41 (1) of the Judicature Act, she had decided to include the 13 affidavits handed over by the relatives of the missing persons and to call for a full probe,” he explained.
When the affidavits were first handed over to court on the 8th, Attorney at Law, Upul Kumarapperuma had a heated exchange of words with the CID in open court.

Watagala said that Kumarapperuma was angered by the statement made by the CID that the relatives and any others who wanted to complain about their loved ones who had gone missing during the 1988-1989 period should visit the fourth floor of the CID office in Colombo to lodge their complains.

Kumarapperuma had criticized the CID for its attitude towards the aggrieved parties and the lack of interest in conducting a proper probe into the Matale mass grave.

“Kumarapperuma asked whether the CID had even taken steps to publish a notice in the media requesting people who had lost their loved ones during the 1988-1989 period to come forward with their complaints,” Watagala said, adding that the CID was unable to respond.

The Magistrate had then asked the CID to set up a desk at the Matale Police for persons in the area to come forward and make their statements about the persons who had gone missing in the Matale area during the period of the mass grave.

However, when the case was taken up on the 10th, the Magistrate had officially ordered the CID to set up a desk at 10.30 a.m. on the 14th of this month to enable people in the Matale area to give their statements about their loved ones and others who had gone missing during 1988 and 1989.

“The CID agreed to come to Matale. The judge asked for a full report on the probe at the next hearing on May 31st,” Watagala said.
He noted that the JVP was planning on presenting 50 more affidavits from family members of missing persons when the case is taken up again on the 31st.

The Magistrate has also requested for a report on the tests being carried out on the skeletal remains by experts in the Peradeniya University.

Relatives of persons who had gone missing during the JVP insurgency in the 1980s are now starting to come out after holding their silence for over 20 years.

The relatives who appeared in the courthouse on the 8th and 10th with photographs of their loved ones, who had gone missing during the 1988-1989 period, requested the court to provide justice to their loved ones. They requested that DNA tests be carried out on the 154 skeletal remains that were unearthed from the Matale mass grave to determine whether their loved ones were among the dead.
Fathers and mothers held photographs of their children who had gone missing while some held on to photographs of their brothers and sisters they had lost decades ago.

The last memory some of them had of their loved ones were of them being captured and taken away by the military.
A few had seen their loved ones several times in military custody before they had gone missing while some others had never seen their kith and kin again.

Eyewitnesses to the suppression that took place in the Matale area during the 1988-89 period say that youth captured by the military were detained at Vijaya College in Matale and tortured at the rest house in Matale before some were killed. The grave was accidentally discovered when the ground at the Matale Hospital premises was dug for construction purposes last November.

It was initially speculated that the skeletal remains were of persons killed during a smallpox epidemic in the 1940s. However, the court was informed following tests carried out by experts that the skeletal remains that were unearthed from the mass grave belonged to the period between 1986 and 1990.
Judicial Medical Officer (JMO) of the Matale Hospital Dr Ajith Jayasena who carried out the initial investigations noted that tests are continuing on the skeletal remains. He has explained that excessive tests would have to be carried out to determine the sex of the persons buried and other details that could help identify the bodies.

However, Dr Jayasena has also noted that family members or relatives of the persons who had gone missing during the respective time period need to lodge complaints with the police.

“When they come forward, we can carry out DNA tests, which are the last tests to be conducted on the skeletal remains,” the JMO observed, adding that the public needs to be made aware of the need to come forward with information about their loved ones who had gone missing.

Following last week’s court verdict, the CID has now been forced to buckle up and carry out their task of conducting a full probe into the Matale mass grave.

JVP parliamentarian Anura Dissanayake said that the entire issue over the Matale mass grave has clearly indicated the irresponsibility of the government.

“There are 154 skeletons that were unearthed from the Matale mass grave. It is up to the government to carry out the necessary investigations, tests and find who was responsible for such a crime,” he noted, adding that the govenrment does not seem ready to do their part.

He explained that the JVP had intervened due to this reason and had visited the families of persons who had disappeared in the Matale area during the 1988-1989 period.

“We got the families to hand over affidavits requesting the authorities to carry out tests to determine whether the skeletal remains are of their loved ones,” Dissanayake said.

Dissanayake hailed the verdict of the Matale Magistrate to accept the affidavits and allow the JVP to intervene in the case.
“It is a good verdict that would undoubtedly create a good precedence in the future. We hope that justice would prevail,” he said. Nevertheless, the united call by everyone concerned is for the authorities to find the culprits who were responsible for the crime and to bring them to book. The mass grave issue has given credence to the statement that the dead sometimes come to haunt the living.

By S. Sivathasan

When the Jaffna Development Council started functioning a Minister who made frequent official visits to Jaffna was Hon. Gamini Dissanayake. His known closeness to the President lent some significance to the discussions he had with Mr. Nadarajah the Chairman of the Council. A warm rapport developed between the two. To the Chairman it opened a two-way communication connecting the District with the Centre. The Minister perhaps was not unaware of the political fall-out for the government, if things turned out well.

Quite a few meetings with the Minister were held in Colombo. The Chairman, the Government Agent Dr. Nesiah and the writer participated in these meetings. What were emphasized from the Council’s side were substantially larger funding and more devolved powers to utilize the finances effectively. The proposition struck a sensitive chord with the Minister and he took the initiative in arranging for a meeting with President J.R. Jayawardene one evening at his residence. It was in the latter part of 1982.The five of us took part in the discussions for over an hour. Development priorities with central funding were outlined by us. The Jaffna Lagoon Scheme and bridging the Mahadeva Causeway were among them. There was responsive interaction.

J. R. Jayewardene, Lalith Athulathmudali and Gamini Dissanayake

In mid-1982, to mark the first anniversary of the Development Council a special sitting was organized. Policy and programme set out in a document of fifty pages was read out by the Chairman at this ceremonial sitting. It became the base for discussions in Colombo. In a subsequent document, another exercise was undertaken to define objective principles for block grants to Development Councils. The capital votes were taken together and after setting apart a certain percentage for central government works, the balance was to be given to the districts. Distribution based on the criteria of population and area of each district will compose a share and the remaining amount will be apportioned according to a district’s state of growth, development needs and other relevant criteria.

This proposition with figures extracted from the Printed Estimates and worked out with a district perspective was sent to the powers that be in Colombo. To continuous correspondence and personal contact, there was a response from the President. Three from the Development Council, Chairman, GA and the writer were invited for a discussion on a day of a Cabinet meeting. After the conclusion of the meeting, President retained a handful of Ministers including Lalith Athulathmudali and Cyril Mathew and called on the Chairman to address them. The strategy appeared to be to expose them to the suffocation suffered by a Development Council for want of finances and of authority. The Chairman a former Senator had the respect of the President for his outspokenness. He explained the proposition urging the need for meaningful financial devolution and for increased funding. Lalith showed interest and even appeared impressed with the proposition.

The above meeting was about January 1983, after the conclusion of the referendum and the general election in 1982. About two weeks subsequently, I was summoned by the President for a discussion on budgetary support.  Those present included Lalith, Dr. Ranjit Attapattu from the deep South and the DST. Issues related to making the Councils effective were discussed. In passing even the creation of a District based Public Service from among serving officers was touched on. An important decision taken was to appoint a Committee of Secretaries – about six – to suggest ways for greater financial support.

Lalith was to be Chairman and Mr. Bradman Weerakoon Secretary. Mr. Felix Dias Abeysinghe though retired was in the committee for his Local Government background. I was appointed Assistant Secretary, so that as a wearer of the shoe in the Jaffna District, I could explain where it pinched and how hard. After deliberations spread over a few weeks, an Interim Report was submitted in May 1983. The highlight of it was a recommendation for an allocation to all Development Councils of a sum equivalent to the allocation for the Decentralized Budget (DCB). It meant a doubling of Rs. 420 million to 840 million for direct spending by the districts.

This was far from satisfying. The North South dialogue with the President from October 1982 to September 1983 achieved precious little. No meeting ground came about. Each side was reinforced in its own position and policy stance on the scope of devolution. Political power residing in the South prevailed over the North. There was not even a thought of sharing. The failed attempt at building bridges alienated the Tamils still further. They saw the effort and the minimal financial support through the prism of a Tamil saying – show the moon to distract the child that pesters. The simmering Tamil problem only festered. The Tamil side was neither distracted nor convinced nor satisfied. To those who pegged their vision on a federal arrangement, the Development Council with proven impotence was a far cry.

The Chairman did not wish to continue with a position that offered little prospects for meaningful engagement. He relinquished his post and informed the President accordingly, about the 12th July 1983. The next week the Ex-Chairman and I were invited for a discussion on devolution at the President’s residence. At this point of time we had come to the position that a Province and not a District should be the unit of devolution. We wanted to put forward this point of view.  At the conference seated on one side were about five others including Lalith and facing them were both of us. President’s opening sentence was “Chairman, if you are thinking of any scheme outside the Development Council set up, WE PART”. So the discussion was limited to refining the existing scheme.

The next day July 22nd, we travelled back to Jaffna by car with the GA. Explosions that midnight changed the political scene. In late September I was called for a one to one discussion on the Development Council and Devolution.  In a fortnight I was summoned again. At this discussion senior officials too participated. I said “Sir, if we can take up the most sensitive issue of land and make some progress, it will clear the way to success in other subjects”. Devolution of all powers relating to land was put across. After some deliberations on land Mr. G. V. P. Samarasinghe said, “You can’t override the Minister”. After some more discussions the meeting ended. It marked the end of a year’s effort. India’s involvement grew thereafter eclipsing any local initiative.

After the riots many of the MPs were in self-exile. The Development Council lingered on for a few more months making little impact on economic life. When it was born, there were no comets seen. At its demise there was not a whimper. Having lived up to the objective of the President it derived neither power nor finances. It just withered away. There was no devolution and little development. Even the meager expectations of some Tamils were completely belied. In the words of a Tamil recluse, uttered 1,000 years ago, “everything receded as a phantasm, an old tale and a dream”. The Council merged in the Kachcheri, losing its brief authority and identity. The district had to wait for the next five years for the North-East Provincial Council.

The 1st of April is famous around the world as “The Fool’s Day”. This is another European tradition that was dipped in to our culture. In Europe, on the 1st of April, people lie to each other and tease them for joy. And the one who gets caught to these white lies called an “April fool”. Sometimes they are known as “April fish”. However, the speciality of the April fool’s Day is cheating others by telling lies. On that day, both the liar and the victim do not think serious of it. He accepts his buffoonery with a smile and is done with it. These sorts of pleasures are harmless. In Sri Lanka also in the near past, even newspapers were used to publish some fake stories on the April fool’s day. But after realizing the lack of appetite for jokes of the people dipped in the burden of living, such practices are seen rarely today.

However, no one but a person with a mischievous intention would choose another day except the fool’s day to blabber lies. But when we hear that someone has told a 1st of April lie on the 1st of May, then it is much more serious than a lie told on any other day. It is because May Day has nothing to do with lies. That day is soaked with the blood of the market labourers.
That day is the day the workers all around the globe cry out for their rights waving red flags in the air. We all celebrate this day with utmost honour and pride. Thus May Day has no room for joyous lies. It is all about the worker. And all this is relevant to the people who care about the worker.

However, President Rajapaksa, while addressing his party’s May Day rally, said that several people told him about the unfair nature of the electricity tariff hike, when he visited Madamulana. Accordingly, the President ordered the power and energy minister to scrap the hike up until 60 units and then to charge a reasonable amount from those who are in the below 180 unit range. He also ordered to give an extra 5units to those who use up to 90 units.

At once, the electronic media cited President’s “heroic deed” and in the following day it went in to newspapers with smashing headlines.

At the end, what was drawn or was tried to draw in the peoples’ mindsets is that the President was totally unaware of this horrible price hike made by the “officials in the government” and as soon as he figured that out, he intervened and gave relief to the people. Many, who have read these media reports without much attention, must undoubtedly have thought that more relief are on the way as the problem has received the President’s attention.

But before even those who went to May Day rallies cool down, the people who believe anything what the media tells them would certainly feel that they have become April fools. May be the energy minister Pavithra Wanniarachchi had taken down the President’s order wrong, or maybe she has become too proud of her new post and has ignored the President. Somehow or other, the President’s relief has not been recorded as the media now reports that the relief has conditions. Now they say that a 15-30% will be increased up to 60 units. And that there are also conditions for the extra 5 units above 90 units. So ultimately, the whole relief speech has become a fairy tale.

The public objection and protest regarding the electricity tariff hike was more than the government had estimated. Especially due to the protests of political parties including JVP, and the tense situation built up inside trade unions accelerated the public wrath against the Govt. During the initial discussions held regarding the tariff hike in the Economic development ministry, when the officials backed away from increasing the tariff for lower unit ranges, Minister Basil Rajapaksa has said that the officials should do their part bravely and that the government will take care of the public. But the public, who were taken care of, got in to streets protesting against the government and to put final attempt by presenting a relief story out from the President’s mouth on May Day. But the only problem is the speech that should have been delivered on the 1st of April, was delivered on 1st of May.

One can of course argue that is not something unusual, as this is only an extension of the government’s policy of diluting public objections. We do not disagree with it. During the recent drought period, when thousands of acres of paddy went in to ruin without water from Mahaweli River, farmers got in to streets crying out for relief. And the President, who immediately went there, told the media cameras while touching the dead paddy, that all the debts taken by the farmers from banks will be nullified. And the farmers were relieved to hear that and they did not pay that month’s instalments of their debts. But when the banks started to send letters demanding the outstanding balance for 2 months, that news barely made it to the newspapers. Even the Promised 2500 Rupee salary hike in the 2010 elections too is still in the wishing jar. And anyone who checks inside the jar will be able to see a promise made in 2005 about abolishing the Executive presidency too. But above all, no one will ever pardon the government for trying to make the May Day a Fool’s day.

There is no doubt that the government will be more than happy if the was a way out from this without making jest speeches. But they government has to keep on making such funny talks upon the recommendations of their puppet masters, the IMF and World Bank advisors. Their intellectual way of managing the economic structure according to the Liberal Capitalistic way can simply be defined as putting the entire burden upon the consumer. That is the raw deal Ministers Keheliya Rambukwella and Sarath Amunugama are trying to display. It is the same what others are saying in indirect speech. And the final outcome is some people playing the role of the joker, and the general public ultimately playing the role of fool.