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	<title>The Sunday Leader &#187; Politics &amp; Governance</title>
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	<description>Unbowed and Unafraid</description>
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		<title>“This Speaks A Lot About You”  An Open Letter To H.E. The President</title>
		<link>http://www.thesundayleader.lk/2012/01/29/this-speaks-a-lot-about-you-an-open-letter-to-h-e-the-president/</link>
		<comments>http://www.thesundayleader.lk/2012/01/29/this-speaks-a-lot-about-you-an-open-letter-to-h-e-the-president/#comments</comments>
		<pubDate>Sat, 28 Jan 2012 19:12:50 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=57029</guid>
		<description><![CDATA[At the same time it is pointless and unrealistic to deny that the Tamil people have grievances. (emphasis added) The articulation of grievances by the Tamil people continues to remain at the centre of the Sinhala – Tamil relationship and need to be recognized and addressed directly and fairly as the first step in the [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft  wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="209" height="57" /></a>At the same time it is pointless and unrealistic to deny that the Tamil people have grievances. (emphasis added) The articulation of grievances by the Tamil people continues to remain at the centre of the Sinhala – Tamil relationship and need to be recognized and addressed directly and fairly as the first step in the post conflict process of reconciliation and peaceful co-existence&#8230;&#8230;.” (8.153 / page – 292 of the LLRC Final Report)</p>
<div id="attachment_57030" class="wp-caption alignleft" style="width: 460px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-thi.jpg"><img class="size-full wp-image-57030" title="18-thi" src="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-thi.jpg" alt="" width="450" height="171" /></a><p class="wp-caption-text">Derelict paper mill in Valaichchenai, The present state. and One of the machines that were used back then</p></div>
<p>It was no one else but you, as President, who appointed the “Lessons Learnt &amp; Reconciliation Commission” (LLRC) with the mandate to learn and report back on how to avoid another catastrophe, like the one the whole country was through, for 30 years, in armed conflict. But your Commission has, after almost an year of listening to people and reading their submissions, learnt that Tamil people have grievances and most importantly, they are not just 30 years old. They go back at least to the day of independence in 1948 February and there was no LTTE then.<br />
“The Commission takes the view that the root cause of the ethnic conflict in Sri Lanka lies in the failure of successive Governments to address the genuine grievances of the Tamil people. The country may not have been confronted with a violent separatist agenda, if the political consensus at the time of independence had been sustained (emphasis added) and if policies had been implemented to build up and strengthen the confidence of the minorities around the system which had gained a reasonable measure of acceptance.” (8.150 / page – 292 of the LLRC Final Report)<br />
The “political consensus at the time” was clearly not sustained and that was precisely the reason for a “violent separatist agenda” to emerge in Tamil politics. If, you wish to peruse some of the letters written by late C. Suntheralingam who resigned his seat in parliament, after the Official Language Act No. 33 of 1956 was passed in parliament, to then Prime Minister S.W.R.D. Bandaranayake in early 1957 accusing him of trying to shift the proposed construction of a port in Kankesanthurai (KKS) to a location in the South, you would know that the four State corporations KKS Cement, Paranthan Chemicals, Pulmuddai Mineral Sands and Valaichchennai Paper, that went to North – East did not go that way, by virtue of political plurality and clean governance.<br />
Thus the importance of the “Eastern Paper Mills Corporation” in Valaichchennai that had its beginning in 1957. This was later named “National Paper Corporation” during the tenure of Madam B., but was never treated as a national asset. Was finally turned into a government owned business under the name “National Paper Company Ltd.” Apart from economics of running a State corporation efficiently and profitably, what makes Valaichchennai paper corporation important is politics of present day reconciliation, as recommended by your own LLRC.<br />
This is a public business venture that by 1970 had around 3,000 employees and running at a profit. With its raw material – straw – collecting and delivery centres, distribution and sales networks, indirect employment added another 2,00 plus. During that period, Valaichchennai mills was producing exercise books, duplicating and typing paper, ledger paper and different gauges of cardboard. With Embilipitiya Mills that was established with funds pumped from Valaichchennai, the two State corporations met 70 per cent of the paper need of the country.<br />
It was one among the few State ventures that survived the open economy from 1978, till a drastic reduction in duty in 1997 from 35 percent to 10 percent with no turnover tax imposed on imported paper, made production in  Valaichchennai, almost impossible. Even the Government Printer then found importing paper, more cheaper. It was then that  Valaichchennai turned largely into recycling waste paper and established a new network of collecting centres. They were then running into difficulties with their old German machines. Worn out by then after almost 40 years running, they had to go, replaced by new machinery with new technology. That was not what the Chandrika government was looking into. It was obvious they had other interests.<br />
In the 70s running through 80, Valaichchennai mills was preferred by youth for employment, even over bank jobs, say former employees. There was some payment received almost every week. The over time pay, the incentive allowance, then the salary, paid each week. The salary itself was a little more than at banks, which were State owned then.<br />
What was important is that, until it was ditched by the Colombo regimes and left to die, it generated employment for youth in Valaichchennai, in Batticoloa district and in the East. It created a cash flow around, that helped the local economy. It gave a degree of dignity for that society and it helped social mobility for most who would otherwise had to end up, may be toiling the land. Valaichchennai paper mills therefore, seriously meant much more to those people in Batticoloa district, in the East, than the “Mahinda Rajapaksa International Cricket Stadium”, or the “Magampura Port” would ever mean to your people of Hambantota and the people of the South. That is, its political importance in the East, beyond pure economics.<br />
Today it is lying in shambles, whilst the top management appointed under your executive power, lives off by selling cables, iron girders, old machinery and equipment to settle monthly wages of the remaining 170 plus workers and those who had opted to retire on the VRS offered. A Chairman appointed previously by you, an Amarasinghe, stands accused of heavy corruption by the workers. He is accused of importing an outdated Indian boiler for over 32 million rupees, that is now lying huge on an elevated platform, in a debris of a building. The present CEO/ General Manager is accused of total inefficiency and eating out of the remaining assets.<br />
Workers do have a strong case to present. The loss recorded by June 2011 as told by the 04 trade unions representing the Valaichchennai paper mill workers, runs to almost 700 billion rupees. Arrears due on electricity consumed, totals 140 million rupees. While the building that housed the head office in Union Place, Colombo 02, built on profits from the Valaichchennai mills, had been sold for 400 million rupees, neither the operations at Valaichchennai mills nor the workers, had stood to gain.<br />
Since 2008, which period is your period in office as President, workers have not been paid their due EPF and ETF monies, charge trade unions and workers. Now the workers living in their quarters, have no electricity and no water. There is no water source nearby, either. Salaries are not paid regularly. Nor are those who opted for retirement on the VRS offered, paid their promised half pay, till compensations are paid. When that would be, is not in any one’s calendar. This Your Excellency, can not be anything less than plain hell, for human living.<br />
So, let me ask, what has your much hyped “Eastern Awakening” programme, for the awakening of Valaichchennai paper mills ? May be, with your own select men in the board running it, Valaichchennai paper mills can not be listed under the “Revival of Under performing Enterprises and Under utilised Assets Act” as a company running at a massive loss and one that has to be revived. Yet, do you not accept this business venture, profitable as it was in the past, can still be revived and do not have to end up as debris, to be cleared ? That this is an essential economic activity that would also generate direct and indirect employment in thousands for the people in the East ? Is not it your politics, that you do not want it that way ?<br />
This was what, late C. Suntheralingam was stubbornly believing about Colombo Sinhala leadership. He accused, they do not in any way want to develop Tamil areas. As usual Suntheralingam wrote a letter the “Suntheralingam way”, to “Thanthai Chelva” (S.J.V. Chelvanayagam), two days after the B-C Pact was sealed on 26 July, 1957. He wrote to Chelvanayagam, “Into what a sorry pass have you led the Tamils ? … I repeat, while your party wanted federation, I wanted separation, because I am convinced since 1955, that no Tamil should trust a Sinhalese politician and certainly not Prime Minister Bandaranaike, to protect Tamil interests.”<br />
Yet to the dismay of most moderates in Tamil society, PM Bandaranayake walked out to the lawn of his Rosemead Place residence on 09 April, 1958 and tore the signed B-C Pact in front of a group of protesting Buddhist monks, proving Suntheralingam right. “&#8230; I am worried whether Tamils in the future will have trust in the Sinhala leadership.” says Saumyamoorthy Thondaman, in his biography “Out of Bondage &#8211; The Thondaman Story” sketched by T Sabaratnam, referring to the incident of tearing the B-C Pact.<br />
Have we got out of this stupidity, at least after 53 years of bleeding blunders ? Do not we want the country to prosper ? Would not the reviving of the Valaichchennai paper mills add to our national economic growth, if we allow for efficient planning and management of the mills ?<br />
There is much neglected and jettisoned, qualified expertise there at the factory still. They do insist they could draw up a revival plan, that can easily be lobbied for investment, especially with the World Bank, the European Union and more with the Indian government. Why have not the government thought so ?<br />
This government that was worried “SL Cricket” the governing body was reeling in bankruptcy to the tune of 4.2 billion, decided to quickly credit the awfully corrupt organisation with 01 billion rupees from public money. But they don’t have that pain of mind, for the people in North – East. “They are anyway playing  ‘pandu’ with us” said an employee, when I met them in Valaichchennai, a few days ago.<br />
For all the continuing blunders, you will be held responsible as the head of this Rajapaksa government and rightly so. And, you would then go down in political history as another “Sevala Banda”, unless you turn around and prove you are not.<br />
I do wish, you would !</p>
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		<slash:comments>13</slash:comments>
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		<item>
		<title>How Much More To Discuss And What For ?</title>
		<link>http://www.thesundayleader.lk/2012/01/22/how-much-more-to-discuss-and-what-for/</link>
		<comments>http://www.thesundayleader.lk/2012/01/22/how-much-more-to-discuss-and-what-for/#comments</comments>
		<pubDate>Sat, 21 Jan 2012 19:10:08 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=56176</guid>
		<description><![CDATA[At least 25 years of social debate on PCs and power devolution 25 years of PC rule, the people are familiar with 128 meetings held by the APRC to discuss a “home grown” solution Two comprehensive reports by the Expert Panel appointed by President Rajapaksa to support APRC deliberations Over eight meetings between the GoSL [...]]]></description>
			<content:encoded><![CDATA[<ul>
<li><span style="color: #ff0000;">At least 25 years of social debate on PCs and power devolution</span></li>
<li><span style="color: #ff0000;">25 years of PC rule, the people are familiar with</span></li>
<li><span style="color: #ff0000;">128 meetings held by the APRC to discuss a “home grown” solution</span></li>
<li><span style="color: #ff0000;">Two comprehensive reports by the Expert Panel appointed by President Rajapaksa to support APRC deliberations</span></li>
<li><span style="color: #ff0000;">Over eight meetings between the GoSL and TNA after concluding the war in May 2009</span></li>
</ul>
<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/03/logo-PoliticsGover.jpg"><img class="alignleft  wp-image-9628" title="logo-Politics&amp;Gover" src="http://www.thesundayleader.lk/wp-content/uploads/2010/03/logo-PoliticsGover.jpg" alt="" width="187" height="51" /></a>Due to the nature of the issue (power devolution and 13th Amendment) and its sheer complexity, it would not be desirable to suggest a time frame to President Rajapaksa.” S.M. Krishna, visiting Indian Minister of External Affairs (MEA).<br />
“It is a process and we want to continue with substantive discussions. It would be an unrealistic and unhelpful approach to give a time frame to this process” said Prof G.L. Pieris, SL minister of Foreign Affairs, at the same press briefing on  January 17, 2012 in Colombo.</p>
<div id="attachment_56177" class="wp-caption alignleft" style="width: 260px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-how.jpg"><img class="size-full wp-image-56177" title="18-how" src="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-how.jpg" alt="" width="250" height="235" /></a><p class="wp-caption-text">Prof G.L. Pieris</p></div>
<p>If the President is prepared to go beyond the 13th Amendment to the Constitution as made public by the Indian MEA at the media briefing in Colombo, what begs another long, unspecified time with a Parliamentary Select Committee? The Constitution that was amended for the thirteenth time, is extremely clear how power should be devolved to the provinces.<br />
Within such clarity, Police powers, though insisted by the Tamil National Alliance, would not be any more effective than other subjects devolved to the Provincial Councils, but would be definitely less effective. All police personnel, from the lowest rank to the highest in a province, the Deputy Inspector General of Police (DIG), will remain public employees of the Colombo government. This Provincial Police under a DIG, who would ultimately be responsible to the IGP and thereafter to the Executive President, will have little reason to “be responsible to and (be) under the control of the Chief Minister” regardless of the provisions. In fact, the DIG is appointed by the IGP in consultation with the Chief Minister (CM). Where the CM disagrees, it would be the President who would finally decide.<br />
Where police and public order is concerned, that does not even allow the Provincial Governor,  any competence on “Police and Public Order” in the province. “Police and Public Order” would thus remain exclusively with the Colombo regime and in the present political cultural context, with the Secretary of Defence and “Urban Development”.<br />
Where the subject of “Land” relevant to devolution matters, there is a certain amount of power that could help the CM and his provincial council to prevail upon. Under “List I” No.18, it says,  “Land, that is to say, rights in or over land, land tenure, transfer and alienation of land, land use, land settlement and land improvement, to the extent set out in appendix II.” Among other provisions incorporated in Appendix II, it says, under 1:2 “Government shall make available to every Provincial Council State land within the province required by such Council for a Provincial Council subject. The Provincial Council shall administer, control and utilise such State land, in accordance with the laws and statutes governing the matter.” Mark the words. It only says, “shall make available” that would be very much different to “shall be vested with”.<br />
This in every way means, there is more restrictions on provincial powers, than devolved power. Education and Health has seen the severity of Colombo intrusions and interventions into devolved powers. Schools that were developed by provincial administrations, became “National Schools” overnight, gazetted as administered by the educations ministry at “Isurupaya”.<br />
In such a political culture, with a very narrow scope in devolved power in the subject of “Police and Public order”, the Police would basically remain a decentralised department rather than a power devolved subject. But what irks most and puzzles beyond swirling is the reluctance and opposition by the Sinhala racists and their Rajapaksa presidency in carrying out full implementation of the 13th Amendment to the Constitution, within their hard stood “Unitary” State. Why no Tamil patriot has tried any fundamental judicial intervention in seeing who could be held responsible for violating the Constitution of the country by hindering and hampering the implementation of the Constitution.<br />
There was no serious demand for the full implementation of the 13th Amendment, due to political reasons. On the side of Sinhala politics, the origin of the 13th Amendment through the Indo-Lanka Agreement, was one that had heavy and violent opposition through JVP insurgency sympathised by the SLFP. The first provincial councils in April 1988 therefore was more a miscarriage, than a birth. Regardless of all these opposition, regardless of the rejection of PCs by the SLFP and the JVP, they came to be established as a second tier in governance with people’s representation that subsequently compelled the SLFP and the JVP to accommodate them.<br />
On the side of Tamil politics, with the LTTE asserting its power in deciding political demands of Tamil society, PCs were rejected in whole, for an uncompromising “separate” Tamil State. After the Thimpu discussions in July 1985 that became the principle position of all Tamil groups from Devananda’s EPDP which partners the Rajapaksa government, to the LTTE that fought it on the battle field, plus that of the democratic politics of Anandasangaree and the TNA. Therefore, any and all discussions that sought a negotiated settlement to the armed conflict, centred around Thimpu principles. This was no principle position, no government, irrespective of its colour, was prepared to work around in hammering out a workable power sharing solution to the conflict.<br />
With the LTTE subsequently usurping power, to claim superiority over all others as the sole Tamil voice, Thimpu principles based on “right for self determination” on a Tamil “homeland” could never be dropped. On record, there are only 2 attempts, first with President Premadasa initiating direct negotiations with the LTTE and then Ranil W as PM, when a near solution was accepted that could have been further consolidated within a single country with a single Constitution, if the Colombo Sinhala leaders were politically and sincerely committed in concluding a bloody war to live a secular, plural life in a better, decent democracy.<br />
Through all such political and ideological battles around tables, in societal forums, in all media for almost 30 years since Thimpu discussions, there is hardly anything that had not been discussed and debated. Where PCs and the 13th Amendment is concerned, all constitutional provisions and their implications have been discussed from all sides, such reviews and critiques documented in all three languages by now.<br />
The most recent discussion at length was within the APRC that even has an Experts Panel appointed by President Rajapaksa to strengthen the APRC process, which came with two “expert” majority / minority reviews. The APRC was mandated by President Rajapaksa in July 2006 to workout his much touted “home grown” solution that would provide “a comprehensive approach to the resolution of the national question.”<br />
The APRC worked through a very trying time, while the war was being pursued in a savage fashion and the society was being consciously bifurcated into a majoritarian Sinhala and a persecuted Tamil minority. That war certainly weighed heavy on APRC deliberations which included 13 political parties. The JHU, the MEP and the SLFP included, while the JVP withdrew from APRC deliberations on a technical issue. They held the Expert Panel had no mandate to submit recommendations on power sharing. Yet they remained on board, continuing to be part of the All Party Conference (APC). For the JVP then with the government, their decision was a ploy to keep ahead of the JHU in a war that smacked of Sinhala sentiments. The APRC which concluded one year after the war in June 2010, handed over its consensual report termed the “Final Report” to President Rajapaksa in August, 2010.<br />
This is a report that comes with the broadest possible consensus amongst the Extreme Sinhala politics and the “Left” that stood for devolution undeterred through JVP massacres during their insurgency from 1987 – 90, vetted by Tamil and Muslim politics of Devananda, Mano Ganesan and the SLMC. There had never been such broad consensus, ever before. Now it remains to be commented and agreed upon by the UNP and the TNA who were not part of the APRC.<br />
For the UNP, their rebelling Sinhala MPs can not go against what the JHU, the MEP and SLFP had consented to. Their ruling liberal leadership can not oppose power devolution that has Sinhala, Tamil and Muslim consensus. The TNA would be more than happy to accept the APRC proposal that goes much further than the uncertainties of the “13 Plus” offer of the Rajapaksa regime, without much waste of time.<br />
It is time this regime, of course it carries an “elephantitis” limb in Gotabhaya, accepts that there is now easy and democratic space to have these issues sorted out without any time waste, in the absence of the LTTE. The TNA now is on its own. They are more freely accessed by the Tamil constituency and held responsible to the people, in their present role as political leaders of the Tamil people. Its time too, the Rajapaksa regime gives up on exploiting the absence of the LTTE, by avoiding serious commitment in solving the “national question”. Tamil people should not be made to go back to their old premise that it is guns which compel the Colombo governments to sit and discuss issues.<br />
In plain language, it is time the President tells his defence secretary brother, he is only a ministry secretary appointed for administrative work and therefore should keep out of politics like all other ministry secretaries. Tell him, he in fact is a failure, heading the defence ministry with crime rates peaking, rape, murder, abductions making into media almost daily, contract killings creeping to law enforcement agencies, all making a heavy dent as never before on law and order. Unless the President collects such “Dutch courage”, Gotabhaya would be the spanner in the works, who would make this regime the “mega failure” in Sri Lankan politics.</p>
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		<item>
		<title>Now, It Is Very Clear Sir !</title>
		<link>http://www.thesundayleader.lk/2012/01/15/now-it-is-very-clear-sir/</link>
		<comments>http://www.thesundayleader.lk/2012/01/15/now-it-is-very-clear-sir/#comments</comments>
		<pubDate>Sat, 14 Jan 2012 19:18:12 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=55594</guid>
		<description><![CDATA[The Rajapaksa government seems to be extremely careful, with issues they don’t have adequate answers for. They’ve withdrawn 03 Bills that were designed with much importance, since May last year, despite their two thirds majority. How will the Rajapaksas react ? The answer again is a dead horse, the horse they claimed to have killed [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/03/logo-PoliticsGover.jpg"><img class="alignleft  wp-image-9628" title="logo-Politics&amp;Gover" src="http://www.thesundayleader.lk/wp-content/uploads/2010/03/logo-PoliticsGover.jpg" alt="" width="190" height="52" /></a>The Rajapaksa government seems to be extremely careful, with issues they don’t have adequate answers for. They’ve withdrawn 03 Bills that were designed with much importance, since May last year, despite their two thirds majority. How will the Rajapaksas react ? The answer again is a dead horse, the horse they claimed to have killed in war. This is how the rationale for that is being developed.</p>
<div id="attachment_55595" class="wp-caption alignleft" style="width: 269px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-now.jpg"><img class=" wp-image-55595" title="18-now" src="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-now.jpg" alt="" width="259" height="132" /></a><p class="wp-caption-text">Mervyn Silva</p></div>
<p>“While this problem seems to be mostly international, we must realise there is a possibility, though a remote  one at this stage, that terrorists will reorganise within this country. As  mentioned  before, one of the stated objectives of the LTTE-linked groups abroad  is to encourage and facilitate the resumption of an armed struggle in Sri Lanka.”<br />
“We must not forget that there are also LTTE cadres who escaped detection and detention during the Humanitarian Operation, and are still at large in our society. Unlike the detainees and surrendered  cadres, these individuals have not undergone rehabilitation and their terrorist intentions may remain unchanged. Even among the cadres who were rehabilitated and reintegrated into society, there could still be some individuals who have not entirely given up  their belief in militancy.”<br />
“The LTTE was a deadly threat, and it is only two and a half years since its military arm was defeated. We are very much aware of the efforts being undertaken in the international arena by the LTTE-linked groups to keep the separatist cause alive. The  regrouping  and reorganising of terrorists within Sri Lanka is still a threat to our national security.”<br />
“In sum, even though the war ended  two and a half years ago, there is still a need for the continued existence of a strong military within Sri Lanka. This is a fact that the vast majority of Sri Lankans are more  than happy with.”<br />
“It must also be emphasised that, as a sovereign state, Sri Lanka has every right to set up military establishments in any part of its territory. The role of the military is ensuring the safety, security and sovereignty of this country.”<br />
These are all direct quotes from the speech made by the Defence Secretary (DS) Gotabhaya Rajapaksa on 10 January, 2012 at the Sri Lanka Foundation Institute (SLFI), on the topic, “Future Challenges to National Security in Sri Lanka”. Quoting such large chunks off his speech, allows less writing on my part to prove, he is not just contradicting himself, but is posing a bigger threat to society in all its safe and democratic living.<br />
Rubbishing our claims that this whole country is being militarised, which claim the LLRC has also accepted in its report quite cautiously but unambiguously as correct, the Defense Secretary says, “There are military  establishments in every part of Sri Lanka. There are camps not just in the North and East, but also in the South, the hill country and in Colombo. The claim that this represents militarisation is pure nonsense.” (emphasis added)<br />
What then is militarisation ? It is that  very “grand” presence, added to all what the LLRC Report says, the military should refrain from doing. Just to remind the DS of what the LLRC Report said about militarisation, here is a short quote. “The Commission, as a policy, strongly advocates and recommends to the Government that the Security Forces should disengage itself from all civil administration related activities as rapidly as possible.” (page &#8211; 237) That too sums up all talk about “militarisation,” quite contrary to what the DS said about military involvement. He said, “&#8230;.for a short period of time after May 2009, the military stepped in to fill the  breach and assist in administrative activities which are carried out by civilians. However, now that the situation has normalised and the civil service is back in place, the military is no longer involved in administration.”<br />
Is the Commission appointed by HE the President on 15 May, 2010 under the provisions of Section 2, of the Commissions of Inquiry Act (Chapter 393) “reposing great trust and confidence” in the Commission and in the “prudence, ability, independence  and fidelity” in the persons so appointed to deliver on the mandate given, documenting and reporting “pure nonsense” after all their hearings in various parts of the country from many citizens of varied perceptions, including the much hyped lengthy submission made by the Defense Secretary himself ?<br />
There is clearly a difference in perceptions between the two and a clear change of social scenarios from what was there when Gotabhaya made his submissions to the LLRC on 17 August 2010, to what the  Rajapaksa regime is facing on 10 January, 2012 when Gotabhaya spoke at the SLFI.<br />
There were NO signs of student unrest in universities, no worker revolts in factories against a forced pension, no worker agitations for higher wages, no protests by disgruntled university academics for salary increases and an increased budget for education, no mega breakdown in education prompting parent and student agitations, then in August 2010 that was only 03 months and a few weeks after the Rajapaksa led election campaign secured a two thirds majority in parliament. Everything then seemed perfectly under their control here within our shores and the issue was how best the regime could deflect the international campaign on accountability over allegations of serious crimes committed during especially the last phase  of  the war. Campaign against war crimes and crimes on humanity.<br />
Now  the regime is faced with real time trade union agitations, protests and a whole string of disturbances in universities that has taken a viral effect in society. The government was forced to withdraw Bills they planned to present in parliament and offer salary increases going up to 18%. They have prompted protests within their party ranks. The whole of the Kelaniya Pradeshiya Sabha SLFP group with its dissenting Chairman, demand Mervyn Silva’s expulsion from Kelaniya SLFP organisor’s post. They went public, accusing him of extortions in millions of rupees and crimes that nails him as an underworld thug. Kelaniya PS members were supported by another resolution passed by SLFP councilors in Mulatiyana, in Matara district.<br />
There is now a militant mood in society gathering heat on issues the government is seen as deceptive and incapable of providing adequate answers to. That certainly makes the regime itchy with “suspects” and conspiracy stories whispered around within their own ranks. All such regimes go tough saying “no nonsense” with us. Thus the “LTTE terrorists” story given a new spin, with garnishing brought from the Sinhala South.<br />
Speaking in a function in Jaffna, Higher Education Minister Dissanayake was reported saying, that undergrads from universities in the South  with affiliations to the breakaway group of the JVP had come to Jaffna and that, “These students came to the Jaffna University in search of youth who were with the LTTE at that time. They are trying to  go for an armed struggle. We cannot allow that to happen.”<br />
Stories were sent around to say this JVP dissident group is being funded by the LTTE rump in the Diaspora. There is also an attempt at creating an “elusive rebel” from the character of one “Kumar mahathtaya” projected as the key activist in breaking up the JVP. Between Dissanayake and Gotabhaya, the reports spun across media fits into a scheme the regime is trying to establish for a crackdown on all protests.<br />
Here’s Gotabhaya again, “A more  realistic potential threat to our national security is the possibility that certain groups may strive to create instability in Sri Lanka through indirect methods. Having seen political change accomplished in countries such as Tunisia, Egypt and Libya through uprising, some parties  that have failed to achieve their objectives through democratic means might resort to such activities even here. This is only a very minor possibility, but we have already seen certain groups encouraging students to take to the streets in various protests in the recent past.”<br />
Gotabhaya’s prescription for those who want to oppose the government is, they should wait till the next  elections. “Unlike the countries in which dictatorships reigned before being  derailed by popular uprising, if the people wish to change the Government in Sri Lanka, they can do so without any problem at the polling booth” he says, referring to what’s now popularly termed the “Arab Spring”.<br />
His advice would have been nothing less than an innocent joke, in an after dinner talk, had he told those people who dined 18 nights at Tahrir square, continuing with protests that threw Hosni Mubarak out of power, they should do it at the “polling booth”. Well, its not that Egypt was without elections. They were having regular elections to elect the President and for a bi-cameral assembly. Unfortunately for the Egyptians, these  elections were much like those in Sri Lanka, criticized by the domestic  opposition as well as international observers as being grossly fraudulent, bordering on “show elections”.<br />
It would not be relevant here either to all those workers who come out on the streets demanding immediate salary increases, for parents and students who want an urgent answer to the A/L exam results muddle and for university academics who claim they have been badly let down by the regime on their compromise over salary increases. That protest would not and can not wait for elections to come.<br />
Just a reminder to all who may want to feel like Gotabhaya who believes, Sri Lanka is a democratic nation and then adds, “The true value of democracy is that engagement with the Government is not only possible, but also welcome”. No decent, democratic country would deliver a Court Ruling to a university Vice Chancellor, escorted by a high profile police team and security forces in all their might, with TV stations airing the war like bizarre scene, unless it is awfully scared of democracy. Well, I do agree this country would not have an “Arab Spring” for now. But my fear is, it may nevertheless give way for a “SAARC heatwave”.</p>
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		<title>When The Actual Crisis Blows&#8230;</title>
		<link>http://www.thesundayleader.lk/2012/01/08/when-the-actual-crisis-blows/</link>
		<comments>http://www.thesundayleader.lk/2012/01/08/when-the-actual-crisis-blows/#comments</comments>
		<pubDate>Sat, 07 Jan 2012 19:14:17 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=55008</guid>
		<description><![CDATA[Had anyone argued in early 2011 that Libyan “Brother Leader” Muammar Gaddafi would soon be forced out of power, they would have been labeled dreamers at best, insane at worst. But that is exactly what happened. In mid-February,&#8230;” said the host in Al Jazeera’s novel programme “The Cafe” aired on Friday,  December 30, 2011, introducing [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft  wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="176" height="48" /></a>Had anyone argued in early 2011 that Libyan “Brother Leader” Muammar Gaddafi would soon be forced out of power, they would have been labeled dreamers at best, insane at worst. But that is exactly what happened. In mid-February,&#8230;” said the host in Al Jazeera’s novel programme “The Cafe” aired on Friday,  December 30, 2011, introducing the discussion on Libya and its current political “pause”.</p>
<div id="attachment_55009" class="wp-caption alignleft" style="width: 310px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-gadafi.jpg"><img class="size-full wp-image-55009" title="18-gadafi" src="http://www.thesundayleader.lk/wp-content/uploads/2012/01/18-gadafi.jpg" alt="" width="300" height="129" /></a><p class="wp-caption-text">Muammar Gaddafi and Gamini Lokuge</p></div>
<p>Will any “dreamer” or an “insane” at worst, dare make a comment on the “Patriotic Leader” here ? Its worth a serious attempt, though.<br />
All the attraction, respect for and the glitter of “Sinhala” patriotism may not have wasted off yet. But, Sinhala patriotism is not what this regime is wholly dependent on now, as it was, during the war and after, till the end of the elections in 2010. That period came to an end, after Sinhala politics secured a two thirds majority in parliament. The glory of winning the war did allow the regime and its leaders to parade around as “sacred heroes” for a while and that ‘time’ was used by the regime to establish itself as a militarised regime, North to South. That was time which allowed the Rajapaksas to change the Constitution with its 18th Amendment almost unchallenged and gain seemingly unbridled power.<br />
That effectively gave way to a rule, that is “no rule of law”. The worst under any defence authority since independence. Muttetuwegamas in Galle, Lanasas in Negombo showed they decide law within their domains. Mervyns and Duminda Silvas crowned it all to expose the under belly of a regime that had used the under world, drug dealers and a heavily politicised and corrupt police department to grease a regime that had no respect for law and order and very little justice where justice needs to be.<br />
The year 2012 had the worst dawn, ever since independence. Four abductions reported, one after another, during the first four days of the year, with 03 found dead and dumped on waysides. A much flaunted Defence Secretary who prides in talking tough on the LTTE and devolution, remains icy cold on all these abductions, murders and the maniacal breakdown of law and order. The Sinhala urban middle class who expected their war hero will have his coronation as “Dharma Raja(paksa)” after the war, the like Dharmasoka, after his victory over the Kalingas, now remain jilted.<br />
That would not make the regime vulnerable, immediately. Not right now. But that would add to the restlessness that’s emerging, over which the regime has little control. That adds very much, when their two thirds majority in parliament proves wholly inept in providing any answers for organised protests that hit the streets. “May 24”, last year proved the workers don’t go by parliamentary majorities. The Rajapaksas backed off with their Employees’ Pension Fund Bill, the “two thirds” in parliament unable to protect the Bill that had only to be read and passed the third time.<br />
Workers are a social force, who don’t much depend on political leaderships, nor on how effective the opposition is. Its these workers who have been provoked again. Salary increases offered by the Budget 2012 is being called a bluff by the trade unions of the regime itself. They came on the streets a few times agitating for a proper salary increase as promised at the 2010 January presidential elections. A SLFP trade union leader addressing the protest in Colombo said, “We supported our President who said he can only give an increase of 2,500 rupees, when the Common Candidate offered 10,000 rupees. But now we are being fooled with just a paltry allowance. We demand we are given a proper salary increase”. This protest by workers in SLFP trade unions is now gaining ground, despite the TU boss still wriggling around in support of the regime.<br />
Meanwhile those trade unions that led the successful “May 24” protest as the Joint Trade Union Alliance (JTUA) launched on a campaign for a minimum wage of 10,000 rupees with C.o.L added for the private sector, as given to public sector employees. They have a very strong and a justifiable argument that would cash in with all workers without a whimper. The public sector minimum salary adds to about 17,500 rupees with C.o.L also included, while the minimum in the private sector is nothing more than 7,800 which includes a 1,000 rupee budgetary adjustment allowance. The difference alone exceeds their minimum salary, they say, while they both live in the same market as consumers.<br />
Added to the woes of these workers is another attempt by the Rajapaksa regime to tinker with the Employees’ Provident Fund (EPF), with Amendments brought to it, now in the parliamentary agenda for a reading on 18 January. This again allows the regime, slimy access to the biggest superannuation fund in the country that had its last annual report, 02 years ago in 2009. The Central Bank of SL, the legal manager and administrator of this Trillion rupee fund would now have the Commissioner General of Labour (CGoL) interfering to establish Pension/Insurance funds, with the Amendment to the EPF Act No. 15 of 1958. It would have the CGoL accessing monies from the EPF to purchase land and construct a 30 storey high rise Secretariat for Pensions and Insurance Funds and perhaps for the EPF and ETF too.<br />
Minister of Labour and Labour Relations, had agreed at the National Labour Advisory Council (NLAC) to delete all such powers from the Amendment when trade union representations had insisted they would once again oppose the Amendment as on ‘May 24’, but remains to be actually done, when the Amendment is brought up for debate on 18 January. The Amendment with all those powers is a necessity for the regime and the promise at the NLAC is a credibility issue for Minister Lokuge. They no doubt run counter to each other. End of the day, this being an amendment to an Act that manages a fund coming under the purview of the Finance Ministry, how far the Labour Minister’s promise at the NLAC would go, can only be checked on January 18, in parliament.<br />
What this whole conflict with workers and their trade unions mean is that, the Rajapaksa regime is finally pitted against a force, that can flex muscles on its own. If not an organised social force at its best, they remain a social force that would gel and rally quite fast and with ease on demands that effect them and their daily lives, despite past and present political affiliations and sympathies. ‘May 24’ is no lesson forgotten. It wasn’t those unpatriotic, “Eelamist” elements who rallied against the previous Employees’ Pension Fund Bill last May. It was those same workers who came on the street to light fire crackers and dance over the death of Prabakharan, who climbed the 40 ft hoarding at Katunayake to rip off the presidential image, the image of their beloved Sinhala hero, two years ago.<br />
This is a social class, that gets plagued by demands, by the dozens. There was once a huge mobilisation of trade unions in 1964 on “21 demands” that brought together a political alliance as well, the “United Left Front”. It would not be the same again here in Sri Lanka. The “Left” there was then, is no more now. The Left political leaders who were giants in their own making then, are also no more. Nor are there any trade union leader, who could stand up straight in front of the Head of State and say, “Now, you are talking filth” as did Pelis Serasinghe, Secretary of the Government Trade Union Federation, in 1957, when negotiating the Special Living Allowance of 17.50 rupees.<br />
Yes, that will not be the same any more. But all those are also not compulsory factors for any worker mobilisation. “May 24” event was not led by an iconic leader. It was led by careful organising and education of the workers on the proposed “Bill”. That brings forth a new phase in trade union activities. It brings forth a new era where workers can be mobilised on clear presentation of facts instead on personality cults, if trade unionists wish to align with different sectors. The JTUA is one that shows a potential for such a movement.<br />
This would also compel them to take on other issues that may not directly impact on their workplace, but impact on their family and its future. Its this regime that’s providing such glue for galvanising of forces. The chaos the A/L exam results makes in society, is not one alien to workers. It may not effect the urban elite, whose children sit for London O/L and A/L exams. It does not effect those parents whose children are students in so called “international schools”. But for all others, including these workers, who sweat and toil to educate their sons and daughters, their brothers and sisters as those apparel sector workers would say, this A/L exam result mess, is their own issue. And the trade unions may not be allowed to ignore such, in the future, even if they do, now. They would have to lead other social segments, in alliances that would come on their own.<br />
Will this regime learn lessons from any of these issues ? Not this Rajapaksa regime. No other regime would have tried another fast one on the EPF and a private sector pension fund so soon, while the death of young Roshen Chanaka still roams around, asking for justice. Yet to be fair by the Rajapaksas, lets accept, they don’t have any options left either, having around them a wagon load of advisers who wouldn’t know Adam from Eve. Who only want to make the “Lord” happy, for them the vassals to earn a pittance, to gain a tiny fief.<br />
A “dreamer” at best, or an “insane” at worst, may not be required here, to talk of the future turn of events. Events that may not turn out as fast as happened in Tripoli, but would happen differently. Its worth to keep the noses up, to feel the whiff of workers’ demands, the rumblings around, that would come drifting, not from far away.</p>
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		<title>It Is Not Just This Regime But The Opposition Too In 2012 …</title>
		<link>http://www.thesundayleader.lk/2012/01/01/it-is-not-just-this-regime-but-the-opposition-too-in-2012/</link>
		<comments>http://www.thesundayleader.lk/2012/01/01/it-is-not-just-this-regime-but-the-opposition-too-in-2012/#comments</comments>
		<pubDate>Sat, 31 Dec 2011 19:12:10 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=54396</guid>
		<description><![CDATA[By Kusal Perera “Sometimes, all you have is nonsense to deal with and your anger, with which to do so”. - Anonymous “Happy New Year” said everyone to everyone else, after the year had faded off with bursting fire crackers last night. If all wishes made in good faith for a better New Year in [...]]]></description>
			<content:encoded><![CDATA[<p><em><strong>By Kusal Perera</strong></em></p>
<p><span style="color: #800000;"><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft  wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="194" height="53" /></a>“Sometimes, all you have is nonsense to deal with and your anger, with which to do so”.</span><br />
<span style="color: #800000;">- Anonymous</span></p>
<div id="attachment_54397" class="wp-caption alignleft" style="width: 126px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2011/12/16-merniv.jpg"><img class=" wp-image-54397" title="16-merniv" src="http://www.thesundayleader.lk/wp-content/uploads/2011/12/16-merniv.jpg" alt="" width="116" height="215" /></a><p class="wp-caption-text">This regime continues with Mervyn Silva (Picture Courtesy: www. jdslanka.org) and Duminda Silva is tolerated by this government (Picture Courtesy: www.lankanstuff.blogspot.com)</p></div>
<p>“Happy New Year” said everyone to everyone else, after the year had faded off with bursting fire crackers last night. If all wishes made in good faith for a better New Year in the past had made this country better each year, if all wishes in the past were not just ritual and courtesy, but wishes society could aspire for, this country would definitely not be what it is now.<br />
A few days before the end of the year, the media reported an abducted fish trader murdered, a Minuwangoda Pradeshiya Sabha member mysteriously killed and a soldier shooting an officer dead. Similarly, four Narahenpita police officers were arrested for sexual abuse of a young woman and extortion. Latest police numbers talk of over 1,600 rape cases reported during the 11 months in 2011. The first 3 months of 2011 had reports of 241 cases of kidnappings/ abductions. There is unlimited corruption and arrogance in the civil department responsible for law enforcement which is also heavily politicised even in local areas. Two police stations were mobbed and attacked by local people for murder in police cells; custodial killings continued and  recently it was found that officers have been accused of contract killings too. That alone goes to show that this country now has an irresponsible and crumbling State.<br />
A State, wholly corrupt too, cannot take care of any service delivery however important it is. Run by an equally inept but corrupt regime, from primary to higher education, the whole education system is in chaos. One needs no more proof than the unresolved Grade I admissions, the pile of fake certificates and documents offered and accepted for admissions, the stink in the Examinations Department evident by their handling of GCE O/Level and A/L examinations and the university administration that can only suspend students and student bodies with no sustainable answers to any student issue, crowning the hopelessly muddled education system, that will hold a few more generations to come, to ransom.<br />
Burdened with a tottering administration, sluggish, irresponsible and corrupt as it is, the State cannot deliver even the most basic services to the people, with over 90 top administrative positions said to be still held by retired “stooges” &#8211; old timers in service. They are nothing more than office administrators, living with their skill to parrot “Yes Sir” to any dumb politician. The judiciary has also failed in convincing the people on justice and fair play. There is every reason for the public to decry the judiciary when the helm of the judiciary is not only talked about, but is also seen to be having high political patronage. There are open accusations at other levels, from accepting promotions and positions to gifts as large as cars; leaving the independence of the judiciary open to heavy criticism.<br />
Season’s greetings and good wishes apart, the year 2012 begins thus for the ordinary citizen, who is taxed in numerous ways to fund this political lawlessness of all State affairs which is reeking with mega corruption from top to bottom. Politicised and corrupt, this State is run by a regime that refuses to hold itself responsible to anyone. This regime stands no more for governance. The whole democratic concept of citizens voting a political party to power in Sri Lanka now, is a total farce. Political parties are just “brand names” which their leadership uses for the technical purpose of handing in nominations for elections. The party thereafter gets ditched for a nepotistic regime that usurps power.<br />
It begins with the Elections Commissioner (EC) and the Declaration of Assets &amp; Liabilities Act No. 1 of 1975 as amended by Act No. 74 of 1988. This law says, all candidates who fail to declare their assets and liabilities at nominations, shall hand over their declarations on assets and liabilities, to the head of the elected body, at the time of swearing in. Thereafter, all elected representatives sworn in, have to declare their assets and liabilities, every year. This law if adhered to should have all sitting parliamentarians continuing from 2004 April elections, handing over 6 declarations of assets and liabilities, by end 2011 and all other new MPs, at least 2 declarations by now. But have they done so? Can the Speaker instruct the Secretary General of Parliament to provide the public, with a list of MPs who have annually declared their assets and liabilities? He would not, for he is also bound by the same law to declare his assets and liabilities. It is a set of parliamentarians who talk money and dream wealth, that violate the law whilst legislating for the people as elected representatives. That includes the “Red” and the “Green” Oppositions too and the big noise by the Opposition on corruption and fraud are clearly publicity stunts.<br />
How legal and functional are these political parties that nominate lawless men and women as candidates to choose from? For over 16 years, the Sri Lanka Freedom Party (SLFP) has not contested any elections, nor held a proper delegates’ conference. All they had were mass rallies addressed by the party leader, often the President, with sympathisers and family members “bussed” to the venue. These were called “Annual Conferences”. It is interesting to know what their definition of a “party member” is, with local and branch level participation of “members” totally absent in the party decision making process. Whether they submit their annual audited accounts to the EC is a question, though remaining a registered political party. Such a dysfunctional party cannot hold this regime answerable to anyone. That is again how this regime continues with the Mervyns and Duminda Silvas. These are political parties that can go on without sacking a single MP, however grave their disciplinary issues are.<br />
The UNP with all its internal rivalry, but with “reforms” intact now, remains no better and no more democratic than the SLFP. Often, those nominated to contest elections are not even “party members” by any definition, unless they are given a “membership card” the day before. The little “Miss Paba” who won elections purely for her début role in the small screen, is a classic example in proving how political and membership driven the UNP is. How authoritarian, undemocratic and alien the party is, in relation to its local membership is proved by how the powerful Working Committee, which basically decides everything in the party is constituted, by the Colombo power brokers.<br />
Quite obviously, these political parties cannot be democratic by any definition. They do not have the democratic discipline nor the political will to act democratically, even within their own organisations. It is therefore absurd and naive to expect these political leaders to act differently and democratically in an elected government. It is stupid also not to expect them to double their investments incurred in contesting elections. Politics in Sri Lanka has turned out to be the safest business for any quick time hasty investor, to move from a Honda bike to a Porsche Panamera. The Constitution in the country with alarming executive powers and total immunity from judicial investigations, logically, would only make the regime more crude and arrogant down the line, whichever political party gains power.<br />
Their inability and also their reluctance in turning into popular, member based political parties, has left these two main political parties, mere electoral outfits. During elections people vote one, against the other, more out of a 75 year long habit. Between elections, they remain Colombo centred, media trapped power clans with no charisma to lead public protests. The JVP unfortunately is not a people-based party, trying to work round the old, centralised Bolshevik concept that may sound loud but too lean for popular politics. We are thus no different now to countries that had not seen much organised and functional democracies with plurality; countries that had no leadership to move from transitional demands for reforms to democratic life and to a new era of development.<br />
The year nevertheless ends with new citizen formations taking up issues that the Opposition should address and lead. From short film festivals and stage dramas with social criticism, writers moving into critical mode with book launches, citizens’ rights groups establishing advocacy platforms, to independent trade union alliances challenging government policy head on, the Opposition’s presence is almost ignored, as inept and unnecessary. This was also evident with parents protesting on their own in front of Isurupaya and students in front of the Fort railway station, while the Opposition was complacent, issuing statements on the examination results mess and that the minister should resign.<br />
A political scenario that have no effective, organised and pragmatic Opposition political party interventions, often leads to anarchy, when people have to live with a detested, crumbling State. Tunisia and Egypt were comparatively fortunate in avoiding total anarchy, led by political demands for democratic reforms. Yemen since February is in turmoil, with no clear political perspective hammered out, to climb out of a bloody anarchy.<br />
If this regime is unable to hold the tide of more and more dissatisfaction, disillusionment and discontent in society, in factories and in work places, in universities with students and academics, in parental anger across the country, will Sri Lanka ride an Arab Spring or slip to a cold Pakistani winter? It will not be the Rajapaksa regime or the main Opposition that will decide, year 2012. It could be other people’s formations that would dominate this New Year.</p>
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		<title>Tamils, Indians, The LLRC Report And Rajapaksa Politics</title>
		<link>http://www.thesundayleader.lk/2011/12/25/tamils-indians-the-llrc-report-and-rajapaksa-politics/</link>
		<comments>http://www.thesundayleader.lk/2011/12/25/tamils-indians-the-llrc-report-and-rajapaksa-politics/#comments</comments>
		<pubDate>Sat, 24 Dec 2011 19:15:01 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=53966</guid>
		<description><![CDATA[The Lessons Learnt and Reconciliation Commission (LLRC) Report presented in parliament on  December 16, after it was handed over to President Rajapaksa on  December 20, has left a divided international community and a divided local political response, which is nothing unusual, but the larger part is formed by the silent lot, that was expected to [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="224" height="61" /></a>The Lessons Learnt and Reconciliation Commission (LLRC) Report presented in parliament on  December 16, after it was handed over to President Rajapaksa on  December 20, has left a divided international community and a divided local political response, which is nothing unusual, but the larger part is formed by the silent lot, that was expected to take a stand on the “report”. This included the UNP, the “Left” and the major civil society actors here plus the TN lobby and the Delhi administration.</p>
<div id="attachment_53967" class="wp-caption alignleft" style="width: 189px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2011/12/14-tamils.jpg"><img class="wp-image-53967" title="14-tamils" src="http://www.thesundayleader.lk/wp-content/uploads/2011/12/14-tamils.jpg" alt="" width="179" height="210" /></a><p class="wp-caption-text">Victoria Nuland, urged Sri Lanka to address issues not covered by the report(Picture Courtesy of www.newsfirst.lk)</p></div>
<p>International HR organisations have said its not enough and their accusations on war crimes and violation of international law, have not been addressed. They are ONLY concerned about those and not of the Tamil people who survived here. The US and the EU made a very careful “ok, but&#8230;” sort of response. Deputy Spokesperson of the U.S. State Department, Ms. Victoria Nuland was quoted to have said, “&#8230;we urge the Sri Lankan Government not only to fulfill all of the recommendations of the report as it stands, but also to address those issues that the report did not cover.”<br />
The EU was first reported as having said it would need time to study the LLRC Report in detail, which implied the EU would not stand anywhere, before it knew where exactly the US stood. On Tuesday last, Foreign Affairs and Security Policy High Representative and Vice President of the EU Commission, Ms. Catherine Ashton said in a statement, “A detailed and careful study of the measures proposed to implement the recommendations in the report is needed, including on the issue of accountability.” So they came to stand together. Fulfill recommendations in the report and address accountability.<br />
This is not a difficult position for the Rajapaksa regime to tide over once again and buy time, beyond the next UN Human Rights Council meeting, scheduled for March, 2012. That in fact is what the Rajapaksas wanted. A way out of the difficult March sessions. It is Christmas now and then January 2012 would leave just two months and more for diplomatic chivalry, proposed preparations on mechanisms, creating opposition for the “report”, changing positions on recommendations and all the gimmickry that would entail the “crossing” in March, 2012.<br />
The man on the street often says, the police will not come, till the fight is over and when they do come, they would find fault with the passers-by, for being there. That stands right for these international big powers too. These big powers will continue the way they did over the massacres in Rwanda, in Darfur, the massacres in Gaza-2009 and then in Mullivaikkal. They come after the fight.<br />
In Sri Lanka, the fight turned war of almost 30 years which concluded in May 2009, leaves two concerns for two different interests in the political arena. The concerns of the international late-comers, the HR lobbyists and of course the stakeholder Tamil voice in the Diaspora. This certainly leaves the Delhi government, a third player. This also leaves the other main concerns of the Sri Lankan citizen &#8211; Tamil, Muslim and Sinhala.<br />
The LLRC true to its expectations, had paid much time on the Sri Lankan concerns in relation to the citizens living here and used that to clean up the stink in the backyards of this regime. That for sure has annoyed the international community. For them accountability is defined by war crimes, violations of international law and crimes against humanity. If they were serious, that could have been avoided, if they only thought of avoiding the tragedy they allowed in Rwanda or in the Gaza in January 2009 by sitting over decisions and not acting early enough. Now the priorities for those who survived the last phase of the war, are different. They have to go on living and they need to create space for their future, here in their own homeland.<br />
That space for new post war life, recommended by the LLRC is good for social dialogue and also challenges the Sinhala politics of the Rajapaksa regime, which is more than important for democratic life. To that extent the LLRC Report should be commended. They have done a job that most did not expect and was considered, incapable of.<br />
Reading through almost 380 pages of content from the total 407 pages in the Commission’s Report, leaving aside all their efforts, good and bad, right and wrong, in justifying the Rajapaksa regime waging war as the only means in settling the conflict, in pointing fingers at the Norwegian facilitation and breakdown of the 2002 February CFA, in casting doubts on Channel 4, in accepting that the security forces were disciplined, professional and heroic, one is still left with very straight forward talk on the main issues concerning the (i) Tamil and Muslim people in the North and the East, (ii) on major democratic issues valid for the whole country and (iii) serious recommendations on Constitutional reforms. To sum up the Commission’s recommendations as most relevant and politically valid for the future of this country’s citizenry, the LLRC Report wants the Rajapaksa regime to:<br />
Demilitarise society – remove security forces from all civil administration in the North-East as rapidly as possible, re-evaluate HSZ’s in an effort to reduce them, de link the Police from all security work and also leave the people to participate in decision making with a strong and independent civil administration. [check at least No. 6.104(2.4), 6.98 and 8.211]<br />
Rightly legalise detention &#8211; have serious accountability and adhere to the law of the land in handling detainees and in making arrests, inform family and not hold anyone in undeclared locations [check Chapter 5 and No. 5.61]<br />
Disband all para military groups named as “illegal armed groups” &#8211; the report says they are accused of abductions, extortions, killings and robberies and names even Devananda and Karuna, wants independent investigations into incidents reported and the victims adequately compensated, saying any reluctance in doing so would definitely affect reconciliation [check sub title “Illegal armed groups” and No. 5.66]<br />
Establish independent Commissions – contradicting the Rajapaksa regime’s position in repealing the 17th Amendment and politicising all State agencies through the Executive with the 18th Amendment, the Commission wants independent Police and independent Public Service Commissions, clearly recording the ruling party politicians are interfering into all appointments, transfers and promotions, an anti-thesis of good governance. [check No 8.209, 8.210]<br />
Adopt a land policy that would essentially stop Sinhalisation of the war affected North-East areas [check 6.104 (1), 8.106]<br />
Devolve power to the peripheries, by taking lessons from the shortcomings in the present Provincial Council (PC) system, on the assumption that it allows more democracy in local and provincial development [check pages 307 and 308]<br />
These taken together as a very strong democratic package, wholly contradicts the present Rajapaksa regime. It contradicts the military approach of the regime that cannot do without the security forces for even the recently opened “Mahinda Rajapaksa National Art Theatre”. It contradicts Gotabhaya Rajapaksa’s stand that the PCs as they stand deformed now, would be more than enough for Sri Lanka. It contradicts the politics of the 18th Amendment of this regime that controls all State agencies and corruptly so. It contradicts the armed banditry of the Rajapaksas with Devananda and Karuna and the underworld accommodated within their politics.<br />
Unfortunately, the “Left” both within the Rajapaksa government and outside (though a trifle lot) is yet to speak on these democratic proposals. The three ministers still “left” in the folds of the Rajapaksas, of course would have to save their ministry desks. Others outside would have to skin themselves of their dogma of opposing everything that comes with Rajapaksa patronage, good or bad.<br />
Unfortunately also, the TNA has opted to ask for international investigations, without demanding that Mahinda Rajapaksa implements his own Presidential Commission’s recommendations. Of course they are dependent on the Tamil Diaspora than on the voiceless and dissembled Tamil society here. Yet they have a responsibility having collected the votes at the last local government elections, to allow the war affected, surviving Tamil people to live on their resettled land, without any military intrusions into their lives, allow them the comfort of living without marauding illegal armed groups, allow them the right to participate in voicing their concerns in all development work around them, IF NOT all others. The TNA needs to know, sticking ONLY with international investigations would not solve the problems of the people here.<br />
In fact now they lay embattled with a Tamil Nadu (TN) lobby that has no Seimen, no Vaiko and no Nedumaran. The TN Chief Minister, commonly called JJ there, who walked into office last April, 2011 with the promise of doing justice to the war affected “Tamil brethren across the Palk Straits”, wanted Delhi to consider Rajapaksa a “war criminal”, is not interested anymore as she is involved in throwing out her closest friend and ally Sasikala with her kith and kin from her party AIDMK and her residence. Well the TN politicians have their own issues in Koodankulam and Mulleperiar. Their home voters matter most.<br />
Tamil politics in TN had anyway been out of focus in looking at the SL Tamil issue. They have been transplanting it in their own racist politics within TN for vote catching instigations and always going overboard, “Vaiko style”. They had never brought out a positive campaign despite a few civil society activists trying to relocate the whole Sri Lankan Tamil issue in a broader perspective. Thus Delhi gained much out of this Tamil debacle and is now said to be wholly engaged with its own mega corruption issues and the Lokpal protests demanding deadlines.<br />
Yet a regime like in Delhi cannot afford to go blind to what is happening around them. They cannot afford to allow the US and the EU to decide what Rajapaksa should do, without their interests met. Thus it is implied, that Delhi’s silence on the LLRC report thus far, endorses what the EU and the US says. They are in the loop!</p>
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		<title>Your “Privacy” Is At Stake !</title>
		<link>http://www.thesundayleader.lk/2011/12/18/your-privacy-is-at-stake/</link>
		<comments>http://www.thesundayleader.lk/2011/12/18/your-privacy-is-at-stake/#comments</comments>
		<pubDate>Sat, 17 Dec 2011 19:16:08 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=53408</guid>
		<description><![CDATA[The right to privacy is our right to keep a domain around us, which includes all those things that are part of us, such as our body, home, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft  wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="209" height="57" /></a>The right to privacy is our right to keep a domain around us, which includes all those things that are part of us, such as our body, home, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose.”<br />
<em><strong>- Yael Onn, et. al., Privacy in the Digital Environment, Haifa Center of Law &amp; Technology</strong></em></p>
<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2011/12/18-youre.jpg"><img class="alignleft size-full wp-image-53409" title="18-youre" src="http://www.thesundayleader.lk/wp-content/uploads/2011/12/18-youre.jpg" alt="" width="250" height="221" /></a>There was no space for such “privacy” within Saddam Hussein’s model of Bhath Socialist development. If State repression in Soviet Russia under Stalin was crude and brutal as some have written, then, State repression in Iraq under Saddam Hussein was meticulously ruthless. The un-embedded Indian journalist Satish Jacob who covered the Iraqi war, left this passing remark on the surveillance system that Saddam Hussein had for the Iraqi citizens, in his book titled From Hotel Palestine, Baghdad.<br />
“According to him (Nadim Habbash, a retired senior civil servant), there were seven different institutions for surveillance. The Mukhabarat was the first one and its function was to keep a tab on every citizen. It had a dossier on every Iraqi citizen. No Iraqi was permitted to shift into a new home, unless he had taken permission from the Mukhabarat. In many cases, permission was withheld. Every Thursday, each person was required to pay a visit to his or her ‘minder’ and give information about neighbours, employers, colleagues, friends and even family members. This was one country where a son spied on the father and the siblings and the father spied on him!” (page 14)<br />
That was “privacy” in Saddam Hussein’s Iraq. Here in Sri Lanka, it is uncertain how a majority of the citizens expected their privacy to be respected and honoured. May be the urban middle class consumer does expect a certain “privacy” status defined for his/her life. Whether they do or not, personal privacy remains a “Right” in this Democratic world. Privacy is benchmarked in its most general terms by the UN Human Rights Charter under Article 12, as [quote] No one should be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks on his honour or reputation. Everyone has the right to the protection of the law against such interferences or attacks.[unquote]<br />
Added are provisions in The International Covenant on Civil and Political Rights (ICCPR), Article 17, the United Nations Convention on Migrant Workers, Article 14 and the UN Convention on Protection of the Child, Article 16, that adopt “privacy” as a “Right” of an individual.<br />
Privacy and information have a tight co-habitation. There are restrictions for all parties in gathering or collecting information. Citizens are not allowed access to information classified as “national security”. Governments are not expected to infringe on personal information that compromise individual privacy. This compromise between the citizen and the government s/he elects, is one serious factor that decides the depth of democratic life in a society.<br />
That “Right” for personal privacy is one which is now at stake under this regime. If the report in the Daily FT of  December 09, 2011 is right and no doubt it is, considering the source quoted as official, a digital “personal information” database is to be established under the authority of the Ministry of Defence, called the Geo Citizen Information System Project. Explaining the project, Colonel, Dr. Thiran De Silva, IT Advisor to Sri Lanka Army and Head of IT Centre for Research and Development of the Ministry of Defence had claimed, this digital data base would include all SL citizens living in the country and would include “even a month old child”.<br />
Said to be the first of its kind in South East Asia, Colonel Dr. De Silva had said, a pilot project was concluded in Gampaha district, with grama seva officers trained for 12 months with divisional secretaries. This project is not just a personal information gathering effort. It would have family background of the individual and even details such as the road network, electricity, water and even the drainage system to compile a comprehensive data book. It would include satellite image of the person’s residency as well. Latest media reports say, when residents of Gampaha district queried from soldiers who visited to collect information, as to why such information is collected, the reply had been, “Go, ask the Defence Secretary”.<br />
This without doubt, is a clear trespassing of individual privacy. The most valid question therefore is, who gave the MoD the authority to start such a project and under what law ? There is apparently no Cabinet approval for such a project and even if there is, that does not make trespassing on privacy, any legal. All what is known is that Minister of Economic Development, Basil Rajapaksa had thrown the idea for this project and that perhaps made Gampaha the pilot project district. What makes this project appear rather dangerous is not Basil’s idea, but its implementation under the MoD. Its relation to the militarisation that this country is now subjected to.<br />
There is a very intimidating military presence the government had collected by waging war. That was justified during the war in the South, as necessary power in defeating “separatist, Eelam terrorism”. That has left a very heavy militarisation in the North and the East, the Sinhala South is not willing to accept. But sadly, they are now grudgingly falling victim to this same militarisation, gnawing their lives.<br />
Today, there are notice boards in Colombo that inform “This land belongs to the MoD”. Why there are no such notice boards by the Social Services Department or the Education Department may not be, because they don’t have land in Colombo. This new MoD cult in post-war Colombo stands menacingly firm, to tell the people, it now authorises citizens’ lives.<br />
That is what had given the military the arrogance to even ignore Supreme Court determinations. The assurance the AG gave the SC over a FR petition filed against illegal registration of persons in the North in February this year, was not adhered to, leaving the SC blinkered on an apparent contempt of their judicial authority. It is this arrogance of power that had the Commanding Officer of the Central Province making a statement on 14 December, the army would provide security to all lorries transporting vegetables, whatever way they are packed and will not be allowed arrest, while the government was yet to suspend the prohibition imposed on transport of vegetables other than in plastic crates.<br />
With all civil institutes that need not be with the MoD, clustered under it, the security forces have thus come to play a significant role in civil administration and in the life of people, even in the South. Militarisation under this regime does not end, just there. To note a few, most would know,<br />
•    Security officers of high rank has been posted top positions in foreign diplomatic missions<br />
•    Security officers have been appointed to high administrative positions that should be held by persons from the Administrative Service (Ministry Secretaries, District Secretaries, etc.)<br />
•    Land in North and East has been brought under military supervision<br />
•    Fisheries in the North is still dictated by the navy<br />
•    Leadership training for university entrants have been brought under the military<br />
•    All security of universities and some State institutes are now with the “Rakna Lanka” security organisation listed under the MoD<br />
•    All major stadiums built with massive public funds are under the security forces<br />
•    Urban planning and development is now under the MoD<br />
•    A gazette notification allows establishment of STF camps in all 24 districts<br />
•    Security forces are given the opportunity to establish their own independent economy through businesses (direct investments on five star hotels in Colombo and restaurants, cafes, farms run often by proxy in the North-East)<br />
Regardless of the ignorant mood in the Sinhala South, it isn’t a joke when the SC is ignored by the police and the security forces, though in the North. It isn’t a joke when a Commanding Officer makes his own decision, irrespective of government policy. It is no joke either, when the military with the police launch their own search operation of resident areas without Emergency Regulations and without a search warrant obtained. Media reported that both the military and the police spoke persons confirmed they did search houses together in Colombo Modera on 06 December, on a tip off that some houses in that area had illegal “stuff”. But why did not they go for a search warrant and do it legally ? They don’t think they have to. That is the mind set of militarisation. In almost all countries where militarisation roles on regardless, the normal civil law is done away with. That thus allows for a gestating period where no law and order is kept by enforcement agencies. That is reason why there were so many custodial killings and murder in police cells. That is also reason why there were nine abductions reported during the last eight weeks. That also explains how a person abducted from a location in the West coast was taken across the country to finally drift dead to the beach in the East coast. The roaming of the “Grease devil” from Pottuvil in the East, via Kantale and Vavuniya to Putlam in the West had the police and the military accused, for that same reason. The most recent abduction of two youth activists in Jaffna on International HR Day and now, reports of death threats on Jaffna university student leaders and two in the academic staff through public posters put up around university precincts, is unchecked ghostly violence in a militarised society.<br />
Subjecting the society to such violent assaults is a common path to militarisation. Military authority can not be asserted with normal civil law allowed to prevail. This necessitates much more detailed information of citizens, than required by a civil administration. That was what the Saddam Hussein regime proved in plain. They suspect every citizen and thus need as much personal information as possible, to keep a tab on social activities. Society after all, is a collective of citizens. That is precisely why, this digitisation of personal information with all such details, carried out by the army, reminds me of a quote, attributed to Bob Dylan &#8211; “The army does not start wars. Its politicians who start wars. The army only goes marching o’er them”. Not only o’er politicians, but o’er people as well.</p>
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		<title>Left, Right And  Centre Crisis Without Alternatives</title>
		<link>http://www.thesundayleader.lk/2011/12/11/left-right-and-centre-crisis-without-alternatives/</link>
		<comments>http://www.thesundayleader.lk/2011/12/11/left-right-and-centre-crisis-without-alternatives/#comments</comments>
		<pubDate>Sat, 10 Dec 2011 19:15:33 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=52891</guid>
		<description><![CDATA[The latest cold and damp cross over to the government, ends up only with a “Monitoring” desk. But feels quite sane in telling the people its a personal sacrifice for the future of all school going children who need a good education. Gossip is nasty though that says the Inland Revenue Department wouldn’t compromise on [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft size-full wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="220" height="60" /></a>The latest cold and damp cross over to the government, ends up only with a “Monitoring” desk. But feels quite sane in telling the people its a personal sacrifice for the future of all school going children who need a good education. Gossip is nasty though that says the Inland Revenue Department wouldn’t compromise on the 08 million rupee tax arrears due last year. This world is more than insane.</p>
<div id="attachment_52892" class="wp-caption alignleft" style="width: 181px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2011/12/161.jpg"><img class="size-full wp-image-52892" title="16" src="http://www.thesundayleader.lk/wp-content/uploads/2011/12/161.jpg" alt="" width="171" height="237" /></a><p class="wp-caption-text">Rajapaksa can take a swim in Asia’s biggest swimming pool</p></div>
<p>“When God goes mad, who’d remain sane ?” That seems the situation all round in Mother Lanka. Every one in politics feels he or she is saner than all others around them. President Rajapaksa thinks he is the sanest leader ever, since Independence, peddling along with stinking corruption and a crumbling State that cannot or wouldn’t want to have law and order in any sane way. Those who still see him as the right and noble leader, does so, thinking they are sane in supporting this regime than the “insane” who oppose. For they earn more than they would have ever dreamt of earning, during their whole life. That seems the logic for most around and in the regime, including all ministers and deputy ministers.<br />
Those opposing the regime also think they are saner and smarter than all in this regime. Ranil W thinks he is saner and smarter than the rebels, now led by Karu J and Sajith P. He has now offered himself to liberate their Common Candidate Sarath Fonseka and do it better than his rebels. The two Co-deputy leaders think they are better than Ranil and have the sanest lot behind them with a Sinhala backing. They believe they are better Sinhala Buddhists than even the Rajapaksas, but want others to believe they are not racists. That they care for Christian, Hindu and Islamic people, while silently opposing the acting Opposition Leader posting, because he is a Catholic. They even expect the people to believe them as honest men and women, opposing the Rajapaksa regime.<br />
Contesting the UNP claims as the best opposition against this Rajapaksa regime, the JVP leadership has run into a challenge of having to prove themselves right. Their party rebels say the JVP leadership isn’t, but they are. They believe the old Soviet socialist formula is still the sanest development formula in the world. “Socialism” the Russians and the Chinese have dumped altogether.<br />
Where exactly are we, in placing ourselves to create a future in this modern world ? Is there a political leadership, intellectually mature in providing sanity to this ailing society ? The answer is a firm “no” from me. Let’s evaluate the reasons for that negativism and lets begin with the Sinhala South.<br />
Yes. The war, was won with the annihilation of the LTTE, two years and seven months ago. At what cost? Leave the bloody North – East tragedy for a later discussion. This Sinhala majority is now obsessed with their Sinhala superiority mentality. The North-East for them is like their backyard now. They think they can afford to throw all waste and do anything and everything they wish, out there. No political leadership except the TNA, the smaller DPF of Ganesan and the tiny, individualistic “Left” outside the government, is interested in the North and East and the Tamil and the Muslim people living there and in the plantations.<br />
But, are these mainstream big leaders, rebelling within themselves or not, interested in the Sinhala South? In improving the lives of the Sinhala people?<br />
The Rajapaksas have ruined the economy. The national economy and not theirs. All their bogus talk and their hollow projects adds nothing to the economy and to development. All the money in billions dumped on cricket stadiums, would not have even “soft” ball cricket matches, to fix the maintenance cost of those grasslands. The stadiums are now given over to security forces for maintenance and “security”. Perhaps they would continue as billets to maintain security personnel, encamped.<br />
The Colombo Stock Exchange is busted through heavy manipulations by politically very influential businessmen, dabbling in politics. Even the political appointee to the SEC, was eventually pushed out, while the government thinks it could resurrect the stock market with their bully boys. What is hilarious for the sane mind is, this government talks of development within a neo liberal market and foreign investments.<br />
They drained off tax payers’ precious money at St. Kitts on a super hoax of a “development” aimed project called CWG 2018 in Hambantota that was never fit for us in any form for which they had by then wasted over a billion US dollars. The Sinhala South is yet to feel this plunder, or is it they don’t mind?<br />
The Magampura Mahinda Rajapaksa port is turning out to be Asia’s biggest swimming pool, wasting money borrowed from China. There is no skilled and specialised human resources in and around Hambantota for such a harbour, unless taken from elsewhere at high cost and that requires much more expensive infrastructure and social facilities to keep them there, as families. That added to the total neglect in accounting for the new trend in the Indian ocean shipping that has Burma, Thailand and South India accelerating their facilities with much bigger volumes for shipment, would not keep the Hambantota port in an operating mode. Oluvil is already out and the Colombo port is managing itself with no further growth in economic terms.<br />
Worst is the law and order situation in this country that’s deteriorating at break neck speed. Its really that with over six abductions reported during the past two weeks or so. With reports of policemen and army officers taking contracts for killing and people storming police stations against murder in police cells. There is murder committed with impunity and most politically loaded murders are never properly investigated and satisfactorily concluded. Obviously, the police is talked of as the most corrupt State department. Not that the Senior Administrators are without responsibility, with the COPE chairman holding them for most State corruption.<br />
The society as a whole is fast losing trust on the judiciary and the perceived social acceptance is that higher the judicial forum, less independent it is. Regardless of lawyers turned editors getting embroiled in fisticuffs over former chief justices, the issue of creating a malicious and a wrong precedent in coercing the judiciary to accede to the politics of the regime is openly touted.<br />
All of it under open militarising of the society. There is a whole lot of State agencies that needs to be outside the domain of military influence, left under the control and supervision of a Defence Secretary who is not held answerable for the break down of law and order in the South. A militarising that allows the forces to run businesses and allowed to sit in administrative positions that civil authorities should control.<br />
Sum them all up and in any other society, the Tahrir Square would not be large enough. That said, what is the Left, Right and the Centre politics offering as alternative for the whole country? For both North and South? The UNP competing with the Rajapaksas for Sinhala votes has no alternative and is not working on any alternative. There is no political discourse in the UNP other than washing dirty linen in public. Six years for now, the UNP has failed to even sort out their stupidly personalised leadership conflict. Can they ever propose a political alternative?<br />
So is the JVP. While the established bureaucratic leadership is in a quandary as to how they could oppose the regime they brought to fight a Sinhala war and called all others who opposed the war as traitors. How could they now oppose the whole militarising process of this regime, having campaigned for a ruthless Sinhala war hero, to be made the all powerful Executive President? Without Sinhala and without a war hero, what can their politics be?<br />
Their rebels, too slide backwards with no positive answers for the future. They’ve not said where they stand on the war that was brutally fought, with them in the JVP. The brand of State centred “socialism” they talk as the alternative remedy, has been proved a failure for many decades now. Those “soviet” regimes have also not been any better than this Rajapaksa regime, reeking with corruption and a ruthless military hoisting them as powerful regimes.<br />
Neo liberalism having come a miserable cropper once again after the dark slump in 1930, there is this issue of working towards a sensible programme for future development, the UNP is also lost with no focus in a common future for Sinhala, Tamil and Muslim plurality. Unfortunately again, a programme for the future will not be outside market economies, for there is no other choice available. But that needs serious political debate that no political party is seen capable of garnering enough intellectual resource. Unfortunately too, there is no serious and intellectual discourse even within our universities. No new ideological contributions from university academics to adopt any programme on any national issue.<br />
What then is this “patriotic war” worth for the South, other than in establishing an efficiently plundering regime that in effect does not serve even their own vote bloc ?<br />
“One must be a little foolish, if one does not want to be even more stupid.”<br />
-Michel de Montaigne</p>
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		<title>The Metamorphosis Of A “Corrupt” Regime</title>
		<link>http://www.thesundayleader.lk/2011/12/04/the-metamorphosis-of-a-%e2%80%9ccorrupt%e2%80%9d-regime/</link>
		<comments>http://www.thesundayleader.lk/2011/12/04/the-metamorphosis-of-a-%e2%80%9ccorrupt%e2%80%9d-regime/#comments</comments>
		<pubDate>Sat, 03 Dec 2011 19:09:18 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=52333</guid>
		<description><![CDATA[The Committee (COPE) reports to the Parliament and the recommendations contained in their reports are deemed to be directives to the respective Corporations or Statutory Boards for due compliance.” (Official web site of parliament) In Sri Lanka, where politicians are the most stupidly superstitious, number “13”, which is not used in any hotel for any [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft size-full wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="147" height="40" /></a>The Committee (COPE) reports to the Parliament and the recommendations contained in their reports are deemed to be directives to the respective Corporations or Statutory Boards for due compliance.”<br />
(Official web site of parliament)</p>
<div id="attachment_52334" class="wp-caption alignleft" style="width: 286px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2011/12/18-THE-META.jpg"><img class="size-full wp-image-52334" title="18-THE META" src="http://www.thesundayleader.lk/wp-content/uploads/2011/12/18-THE-META.jpg" alt="" width="276" height="349" /></a><p class="wp-caption-text">D.E.W Gunasekera</p></div>
<p>In Sri Lanka, where politicians are the most stupidly superstitious, number “13”, which is not used in any hotel for any room or floor and is avoided by many when registering their vehicles, Senior Minister Dew Gunasekera was proposed to chair the Committee on Public Enterprises as the 13th Chairman of the COPE, since its inception. Claiming to be a “Marxist”, Minister Gunasekera would not have thought of “13” as a bad number. Nor would most heads of those 229 State owned enterprises. COPE recommendations have not been of any importance in the past, after they are tabled in parliament and after the media loses its partial interest, in a week or two.<br />
Yet its being written about here and its present Chairman Minister Gunasekera, was quoted as wanting more teeth for COPE, to summon former heads of State enterprises, listed among the 22 recommendations. Even in the past, then COPE Chairmen had asked for more teeth and had recommended many solutions to reduce corruption and waste. Minister Seneviratne as Chairman COPE, recommended in 2009, that all State Enterprises should recruit qualified personnel as Internal Auditors and vacancies in the Internal Audit staff should not be allowed to stay vacant. That has not changed the situation. No State enterprise takes internal audits seriously. Internal Audit unit in all State enterprises is the most neglected and is manned by very docile clerks. Not by a qualified Accountant.<br />
The COPE report presented under the Chairmanship of MP Wijedasa Rajapaksa that made quite a noise on corruption, only helped the Chairman bolster his image. None who were taken to task in the findings were ever investigated upon or publicly censured. Nor was the Opposition, both the UNP and the JVP, consistent in asking for recommendations of that COPE report to be made effective.<br />
Now the present COPE chairman, Minister Gunasekera says, Secretaries to Ministries as Chief Accounting Officers should take the blame for most losses and corruption in State enterprises that come under their ministries. He is perfectly right on that. He was quoted saying that some Secretaries don’t even respond to audit queries by the Auditor General. That leaves a very serious question. Has the COPE listed those ministry Secretaries who have not responded to audit queries ? Listed those the COPE would hold as responsible for losses and corruption ?<br />
There is also the observation that most losses are due to bad management and that it is due to appointment of unsuitable, unqualified persons to head those State enterprises. Again, none would say Minister Gunasekara or the COPE is wrong on that. Again the issue is, has the COPE recommended that they should not be re appointed, for which they have to be named ?<br />
Will the Opposition ask COPE to table all such lists of names ? That of Secretaries who should be held responsible for losses and corruption, and of persons who should be blacklisted and not appointed hereafter to any State enterprise ? Will the OPA ask for a list of names and press for disciplinary action for breach of professionalism, if there are any who are members of a professional organisation ? Will members of the Corporate world expel from their governing boards or from any responsible position, if any one so named is in their company board or in a responsible position ?<br />
Sadly, none of it would ever happen in this “Land of the Gauthama Buddha”. Not even the “Most Reverend” Buddhist Monks who speak and advice on all “governance issues”, would ask for names of those responsible for losses in the 40 enterprises listed so, or for the Secretaries under whose ministries they are.<br />
No. The COPE and its Chairman don’t have to go that far with naming names. There is no perceived social demand for such action. No serious “civic sense” in our society to know who is wasting “our money” and  robbing “our people”. That reflects very much in how Sri Lanka jumped 03 notches up in the corruption table from previous year’s 91 to the present 88 as ranked on social perception by the Transparency International.<br />
Minister Gunasekera can, for his own guilt in being with this Rajapaksa regime promise scrutiny of all public enterprises every quarter year and report to parliament as Chairman, COPE. He knows too well too, that for these parliamentarians, discussing such reports are not even a pastime hobby. Minister Gunasekera is perhaps the 06th COPE Chairman, since the Rajapaksas took control of this UPFA government. Yet his COPE ended up with 40 bankrupt enterprises, scrutinising some 229 enterprises and telling the media, running some of them is not worth.  That’s what all COPE reports and recommendations have left, being paid by public money, for all sittings.<br />
This regime is not for cleaning up dirt, but for piling them up, for personal benefit. The COPE would remain a procedural matter.</p>
<p><strong>The “civilian slip” in war</strong></p>
<p>Outside the parliament, left to a few individuals who now control the most corrupt regime since independence with a “tailor made dynasty script”, proposing Rajapaksa as the “King of this Asian Wonder” on Jackson Anthony’s fictionally sensuous advice, the world is now told, the patriotic war against Tamil separatists, wasn’t that war they claimed a “zero civilian casualty war”.<br />
After all these years, after their emotive and racist campaign in establishing the Rajapaksa regime and having branded every person who opted to see the war campaign differently as a “Traitor, an Eelamist informer, or as a Tamil Tiger accomplice”, the JVP leader Somawansa Amarasinghe now tells BBC Sandeshaya, “Every war is a dirty war. The war is the worst thing in the world” and wants a Sri Lankan probe on “war crimes”.<br />
This shift in JVP politics comes in the wake of the Rajapaksas trying to wriggle themselves out of their “humanitarian operation” lingo. Taken by sheer surprise  on how evidence on military excesses, on civilian casualties and government implications on crimes against humanity was and is being collected by the Tamil Diasspora, against a war the Rajapaksas made certain would be a “war without witnesses”, the Defence Ministry started pulling back on their most sanctimonious statements about the war.<br />
In July this year, the Defence Ministry, claiming to disprove accusations made by the British “Channel 4” production, launched its own comprehensive official statement, “Humanitarian Operation; Factual Analysis / July 2006 – May 2009”. For the first time after 02 years and 02 months since concluding the war, the Defence Ministry publicly accepted, this was no “zero civilian casualty” war. It said, “Despite the clear intent of the Government of Sri Lanka and the numerous precautions taken, it was impossible in a battle of this magnitude, against a ruthless opponent actively endangering civilians, for civilian casualties to be avoided.” [page 03]<br />
Neither the JVP now outside the government, nor the still piggy backing Champika’s JHU offered to comment on that. Nevertheless, the story making rounds in Colombo gossip circles, said the JHU is not happy with Gotabhaya taking control of most political issues they sacrificed in socialising by taking to the people. The “zero civilian casualty” issue perhaps was one, the JHU wished to keep strictly within the earlier script, while they sent signals to Delhi political decision makers, for a compromise on the 13 Amendment. A political manoeuvre to weaken Gotabhaya’s position.<br />
Over a week ago on 24 November, Gotabhaya made another move, addressing a high profile, select gathering at the Kadirgamar Institute for International Studies by saying, the government is officially counting the war deaths. Explaining the census that he said is in its final stage, Gotabhaya said, there are 04 categories of deaths being counted. The last of the 04, is on deaths due to military action. “It is only for the deaths of people in this last category that the Sri Lankan military can bear any responsibility” he said.<br />
While claiming the numbers are too small for absurd allegations on “genocide and war crime” he had his own reason for such deaths. Gotabhaya was careful with his words, saying, “….. the Sri Lankan military had to be expanded at a rapid pace. In the circumstances, it is possible that a few individuals who lacked the capacity to withstand the pressures of warfare with the required composure may have been recruited. This is not a very unusual thing in warfare, and there have been unfortunate examples of excesses by individuals in each and every war that has been fought, whether in the World Wars, Vietnam, Afghanistan or Iraq.”<br />
So that was how, the only official who maintains complete authority in deciding how the war should be interpreted, now explains “civilian deaths due to military action”. What is not told is Gotabhaya’s bench mark for a big enough number to allow war crimes allegations. For him the numbers the Census &amp; Statistics Dept. is said to be collating, could be too small for such allegations. But, it would not be the case, for those family survivors of the victims.<br />
In such  a major political turnaround in Colombo, what is more important is the distancing of Sinhala political extremists from the regime. The JHU and Weerawansa of JVP time, were the Sinhala campaigners for the Rajapaksa regime. It was they who led the racist assaults in all TV talk shows, in public meetings and in the media. The left over JVP campaigners for the war has also taken a “war is not ours” position, showing the more opinionated Sinhala voter base and their funding source, the Sinhala business community, is now being sidelined by the Rajapaksas. Their displeasure and resentment were not camouflaged, when they missed out on voting for the Expropriation Bill and talked critically about the Southern Expressway. Nor did the Rajapaksas decide to call for any explanations.<br />
This now seems a “parting of ways” for the Rajapaksas to compromise on economic support from the West that would step in, given an excuse. For there is always the talk of China at the door step of the Rajapaksas, valid or not. For the Rajapaksas, its now a struggle to survive within a neo liberal economy, that the famous Chicago gangster Al Capone said, “Capitalism is the legitimate racket of the Rulers”.  Rajapaksas are the Rulers here, and for some time.</p>
<p>Then Chairman of COPE had stated in parliament, “I am proposing to the Committee on Standing Orders that when Standing Orders are amended, any company which has at least 15% of its shares held by the General Treasury, or, any enterprise owned by the government, should be brought under the purview of the COPA and COPE.” (12 January, 2007)</p>
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		<title>‘Lies Agreed Upon’ For Budgets Read Out Loud</title>
		<link>http://www.thesundayleader.lk/2011/11/27/%e2%80%98lies-agreed-upon%e2%80%99-for-budgets-read-out-loud/</link>
		<comments>http://www.thesundayleader.lk/2011/11/27/%e2%80%98lies-agreed-upon%e2%80%99-for-budgets-read-out-loud/#comments</comments>
		<pubDate>Sat, 26 Nov 2011 19:12:11 +0000</pubDate>
		<dc:creator>sanjeewa</dc:creator>
				<category><![CDATA[Politics & Governance]]></category>

		<guid isPermaLink="false">http://www.thesundayleader.lk/?p=51842</guid>
		<description><![CDATA[Debate on the the 2nd complete UPFA budget since the conclusion of the war in 2009 May, is now on both within the parliament and without. Heavy weights both critical and positive about this budget, have access to media. The debate is about urban middle class life and the Western Province economy. Not much is [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg"><img class="alignleft size-full wp-image-14378" title="logo-PoliticsGover-300x82" src="http://www.thesundayleader.lk/wp-content/uploads/2010/06/logo-PoliticsGover-300x82.jpg" alt="" width="231" height="63" /></a>Debate on the the 2nd complete UPFA budget since the conclusion of the war in 2009 May, is now on both within the parliament and without.<br />
Heavy weights both critical and positive about this budget, have access to media. The debate is about urban middle class life and the Western Province economy. Not much is said about the allocation of 230 billion rupees for the defence ministry in this 2012 budget, for that does not seem to weigh on urban middle class life, as yet. North-East is too far off from daily Colombo life to talk of defence budgets. All discussion therefore remain strictly at macro level, in academic form on markets and middle class consumption.</p>
<p><a href="http://www.thesundayleader.lk/wp-content/uploads/2011/11/201.jpg"><img class="alignleft size-full wp-image-51843" title="20" src="http://www.thesundayleader.lk/wp-content/uploads/2011/11/201.jpg" alt="" width="246" height="248" /></a>The arguments are very much about taxing, devaluation of the rupee, growth indexes and inflation. Business chambers are busy discussing expropriations entrenched within the budget and incentives for businesses.<br />
How will the gaping disparity in wealth, in economic life, between the Western Province and the rest of Sri Lanka be addressed in this budget ? Where are “people” within these budget allocations ? Why isn’t criticism of the budget not “people centric” ?<br />
A budget, should be on how this whole country, that is North-East included as well, would be developed within a decent market economy. One that brings not only hitherto marginalised geographical areas, but left out social segments as well, into productive life. That has a cardinal rule to adhere to. This 2012 budget has to be kept alongside the 2011 budget in discussing how Sri Lanka could economically fare, henceforth. The Opposition should ask the Rajapaksa government, how this 2012 budget was planned in relation to what was implemented and achieved from the previous 2011 budget. Unfortunately the most vital question, where  the “assessment on budgetary performance” on the 2011 budget is, has never been asked by Opposition critics, discussing this budget for 2012.<br />
The first observation on that is, revenue expected had ended up as a bad collection failure. The 2011 budget expected an increased total revenue of Rs. 963.5 billion. The Inland Revenue Department report for 2010 shows the department is wholly inefficient in collecting revenue, with a staggering default of Rs. 214.4 billion in gross tax. How the government managed that massive revenue loss, is never asked and never told. For that reason alone, it is now necessary for anyone discussing this budget to know how realistic the projected revenue figure is, for this 2011 and next year 2012, as mentioned in the UPFA budgets. It is also necessary to know what actual percentage is expected to be collected from due revenue, in these years.<br />
Presenting the previous 2011 budget, President promised a 10% increase in exports with a 05 point tax concession offer. He promised to improve exports of value added products through a CESS imposition on raw and semi processed products. There was a tax reduction on import of machinery and equipment, a 05% reduction on income tax for domestic value addition, 03% income tax reduction for export companies and then 07% reduction on income tax from profits.<br />
The President also offered a subsidy of Rs. 50,000 per hectare for the tea industry as incentive for value addition in tea production. How has the export sector responded to all these concessions at the cost of people’s welfare in the current year? Has the export sector grown by 10% as envisaged for the people to benefit ? What is the total subsidy paid for tea so far and where have we gained in value addition ?<br />
What is the outcome of the massive concessions given to the tourist industry ? Where is the refurbishment of all rest houses and government circuit bungalows promised by President, reading out his budget, last year ? Who and how many used the duty waver of 25% on import of passenger transport vehicles for the tourist industry ?<br />
For those who go through untold misery as migrant labour especially in Middle East, where is the promised “Overseas Employment Fund” to live a retired life ? What was instead attempted in May this year was to exploit the private sector employees already enjoying EPF/ETF, through a new pension fund.<br />
Education is one other area all governments have been playing around with, throwing out popular slogans. Rajapaksas have not been any different. With most promises in the previous budget left to be achieved in 2016, President Rajapaksa said, “I propose to establish a knowledge city in each province, linked to university townships.” with a target of USD 02 billion IT export activity by 2016. Where are those “knowledge cities” ?<br />
What of the Government commitment through the  Ministry of Youth Affairs and Skills<br />
Development to train 300,000 youths in a wide range of new skills ? Was Rs. 5 billion  provided for such skills development from the 3 year commitment of Rs. 16 billion ?<br />
For the apparel industry, which the President believed is an industry that adheres to ethical and environmental standards, the offer last year was to invite big buyers, have processing and re-export as well as transshipment of apparel clothing and exempt textile, apparel and leather product related high value added activities from import duties and VAT. All what we know is, the apparel industry is unable to find recruits for their job vacancies and the numbers had grown from 15,000 vacancies at the end of 2010 to over 30,000 vacancies by now, regardless of a Rs.95 million promotional campaign by JAAF.<br />
All these should make the prelude to the discussion on this 2012 budget. But that is not how the Opposition, nor other critics approach this budget discussion. Sadly, they don’t relate the performance of yesteryear, to the budgetary forecasts of next year.<br />
From the many that could be quoted from the previous budget, this 2012 budget presented, has no major relation or relevance to proposals made last year. The promises given to improve Free Education that is going through extreme degeneration, is one big bluff. Last year (2010) in November, President Rajapaksa promised in his budget speech, “I propose to develop 1,000 well equipped secondary schools throughout the island over a period of 5 years. Each secondary school will be linked to a number of primary schools. Required funding of Rs.15 billion has been mobilized from the World Bank and the Asian Development Bank.”[http://www.treasury.gov.lk Budget speech 2011-under No.35]<br />
Where are these “well equipped secondary schools” ? One could have a hearty laugh on that. They are again in the budget proposals for year 2012. Presenting this budget the President said, “The Government proposes to give priority to develop 1,000 high quality secondary schools that could be improved to meet universal standards and 5,000 well performing primary schools that could be connected to such secondary schools.” For sure, nothing had happened to that promise made last year. “Accordingly 300 secondary schools and 700 primary schools will be modernized in 2012.” says this budget. One would have to wait till November next year to see, if its President Rajapaksa who would present the budget for 2013 making the same promise.<br />
Such promises and the few billions allocated from public funds, on Free Education in every budget, every year, is a massive fraud on the whole nation. Free Education serves no purpose now, in any sense. It does not help in providing employable labour. It does not help access futuristic, critical knowledge at higher levels. Nor does it turn out public spirited citizens with a civic sense.<br />
Those who agitate for Free Education along with this government and the President who promise to safeguard Free Education, would not tell that every Cent spent on Free Education, can only help turn out around 20,000 graduates annually, dependent on State employment, leaving almost 400,000 youth in a void, after G.C.E. O/L and A/L exams. This is Free Education and this is not what has to be funded through national budgets.<br />
We need the government to propose constructive changes in allocating funds that could make the education system affordable to the society. A budget that keeps spending on the same fake proposals, is not one that should be approved, regardless of other macro economic arguments. Education is one major component in future economics.<br />
This budget that is also a reflection of this regime’s politics, have no relevance to the political reality of post war Sri Lanka and its demands. Though the President talks of “rural centric” proposals, this whole budget as in the past is wholly “Rajapaksa centric” and is to be driven from Colombo. Therefore this budget would give no worthy meaning to “devolution” even to the extent defined in the 13th Amendment. Thus it leaves no meaning in having any talks with the Tamil National Alliance (TNA), on their demands for power devolution.<br />
The “t”s and the “i”s have been crossed and dotted perfectly in this budget to centralise everything from North to South and East to West. President Rajapaksa while providing a further increased allocation for his defence ministry, that’s afflicted with serious accusations of militarisation and violations of laws and regulations by the military in the North and the East as tabled in parliament in October by MP Sumanthiran, has effectively reduced the role of Provincial Councils in rural development. This budget allocates only Rs. 130 billion for already devolved health, education, social services and for economic activities under PCs. President very proudly said he is confident, with other contributions from stamps, taxes etc. the PCs would have Rs. 162 billion for 2012. That would be 09 PCs spending 162 billion during the whole year, for the most important ministries, health and education apart from social services.<br />
Another intrusion from Colombo is the development of 100 “townships” in 100 LG authorities with funds from the ADB, estimated at Rs. 700 million. Whether these “townships” would end up as those “knowledge cities” promised in the previous budget, is another matter. Failed and forgotten they may be by the time the 2013 budget is presented. But still, for this Rajapaksa regime, everything has to be done from Colombo and kept under their thumb. There is no devolved development allowed.<br />
That’s what this budget is and that’s how it is being discussed. We would therefore as usual end up discussing “lies agreed upon” as “development and prosperity”. That was how every budget, before this, got through. An obedient people, agreeing to be tricked with every budget.<br />
“You are saying, our problem is civil DISOBEDIENCE. But that is not. Our problem is civil OBEDIENCE. Our problem is the numbers of people all over the world, who have obeyed the dictates of their leaders in government&#8230;.”<br />
Howard Zinn &#8211; Educator, historian and political critic.</p>
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