Dilan Perera

Sri Lanka’s Ministry of Foreign Employment Promotion and Welfare is at the centre of what appears to be a poor attempt at providing insurance cover for female domestic workers employed in the oil-rich Kingdom of Saudi Arabia. Without so much as a call for a request for proposals (RFP) from interested companies the Ministry has entered into an agreement with a relatively new purpose-registered company whose address is that of a little known travel agency in Saudi Arabia. The proposal calls for an insurance protection policy to be taken out by the Saudi employer and for the local agents to be duty-bound to ensure that the migrant worker has this cover in place prior to departure. The ‘programme’ calls for the payment of the premium by the Saudi employer but inevitably it is a matter of conjecture whether the employer will truly bear the cost or make up for it by reducing the annual salary. Sri Lanka’s housemaids earn in the region of Rs 15,000 to 25,000 per month and are considered to be some of the world’s least paid domestic workers.
Writing to the Minister of Foreign Employment Promotion, for the attention of his private Secretary at the Ministry, M. Somasundram,  one “Mohammed Al Kahttani”  extols the virtues of imposing another cost yet completely disregarding the fact that the Saudi employer is extremely unlikely to take kindly to a de-facto increase in his costs. Indeed it is highly likely the employer will either reduce the salary on offer or merely deduct an amount each month from the domestic workers’ salaries.  In the alternative he may wish to consider recruitment from other nations instead.  The potential revenue stream that  may accrue from the full implementation of this scheme is mind boggling to say the least: with over 400,000 domestic workers employed in the oil rich Kingdom,  and with a premium of USD 200 per worker  the  potential revenue amounts to an astounding USD 80 Million.
The proposed insurance cover carries exclusions that are almost impossible to prove without recourse to a Labour Tribunal. For instance the cover is invalid in the first 90 days if “the worker refuses to work with no fault on the part of the employer”.  Additionally if the “Escape Rate” of the domestic workers exceeds 2% of any one agent’s dealings, the insurance cover will not pay out. Traditionally the escape rate is very much in excess of 2% – indeed the market is completely polarized with domestic workers being paid a premium in Sri Lanka to agree to go abroad. Previously the worker paid a premium to the agent to gain employment!
An independent analysis of the controversial proposal to implement the “International Social Security Program” (ISSP) uncovered many flaws in the manner in which this has been approved.  Namely:
The consortium of companies involved in this scheme according to Mohammed Al Kahttani the CEO of ISSP includes an insurance company and an insurance consultancy company. However none of the reinsurance details or confirmations from the insurance company have been provided to local agents.
On the surface it appears this is a win-win situation for all concerned. However with the stringent cover exclusions and the contentious nature of labour relations in terms of domestic workers, it is highly unlikely that the programme will be of any real benefit to the Sri Lankan domestic workers in Saudi Arabia.

(faraz@thesundayleader.lk)

INTERNATIONAL SOCIAL SECURITY PROGRAM (ISSP)
An independent analysis of the controversial proposal to implement “International Social Security Program” (ISSP) uncovered many flaws in the manner in which this has been approved.  Namely:

•    No Tender / RFP / Evaluation carried out
•    Saudi Agents claim that they have not received any official letter from the Ministry of Labour asking for this “program” to be implemented
•    Prior to the implementation being agreed with the Saudi Arabian Ministry of Labour, the Sri Lanka Bureau of Foreign Employment  (SLBFE) has already requested that domestic workers and their agents visit the local ISSP office in Colombo to pay the premium to their foreign counterparts which appears to be in violation of what the SLBFE states in its Chairman’s Circular to all foreign employment agencies

Officials from the Department of Wildlife Conservation (DWC) conducted a raid on the Ahungalla Nature Park on March 13 and took into custody several protected animals, said OIC DWC Flying Squad R. A. D. D. Samaranayake.
The case has been referred to the Balapitya Magistrate Court and will be heard on March 28. The 29 animals are protected under the Fauna and Flora Protection Ordinance, and include 5 spotted deer, 1 salt water crocodile, 1 python, 3 giant squirrels, 4 Indian peafowl, 1 purple faced leaf monkey, 1 brahminy kite, 2 serpent eagles, 1 white bellied sea eagle and 2 Alexandrian parakeets.
According to Environmental Lawyer, Jagath Gunerwardena, all the birds are protected under Section 31 of the Fauna and Flora Protection Ordinance, which states that it is an offense to keep such birds in captivity.
The python is protected under Section 30 of the same Act, and under Section 30 sub section 2, the salt water crocodile is a strictly protected species, and it is a non-bailable offense to keep one.
“Under Section 55 of the Fauna and Flora Protection Ordinance, only the National Zoological Gardens can keep these animals,” he said. The rescued animals were sent to the Udawalawe Transit Home.
Chairman of the Ahungalla Nature Park, Dr. Danawardena Guruge however said that the some of the animals at the park were already there at the time the park was purchased from the previous owner. “We were asked by the Ministry of Environment to keep the animals at the park until they found a place for the animals,” he said. “Unfortunately, without looking into it, the DWC raided the park. We had already informed the Ministry about the animals and despite this, the park was raided,” he said.

Mahinda Rajapaksa, Mangala Samaraweera and Tiran Alles

“A UNP SOURCE TOLD POL CHIEF THAT TIRAN ALLES HAD EXECUTED AN AFFIDAVIT DETAILING BASIL RAJAPAKSA, JAYASUNDERA AND WEERATUNGA’S INVOLVEMENT IN THE ARRANGEMENTS WITH EMIL KANTHAN, A PROMINENT TAMIL BUSINESSMAN AND SUSPECTED LTTE INTELLIGENCE OFFICER, SOME TIME AGO. ALLES HAS DEPOSITED THE ORIGINAL IN A SECURE PLACE ACCESSIBLE TO HIS ATTORNEY. FURTHER, ALLES HAD RECORDED AT LEAST ONE OF THE MEETINGS BETWEEN KANTHAN AND RAJAPAKSA’S ELECTION TEAM (BASIL RAJAPAKSA, JAYASUNDERA AND WEERATUNGA ) WITH HIS MOBILE PHONE’S VIDEO CAMERA. (NOTE: AT LEAST ONE OF THE MEETINGS REPORTEDLY TOOK PLACE IN ALLES’ OFFICE.)” THE US EMBASSY COLOMBO INFORMED WASHINGTON.
The Colombo Telegraph found the related leaked cable from the WikiLeaks database. The cable was written on June  14, 2007 by the US Ambassador to Colombo, Robert O. Blake.
The Ambassador wrote “According to the source, Alles also kept a copy of the video in a secure location. Several Embassy contacts report having seen at least parts of the video.”
“On June 13, Alles was released on one million rupees bail (roughly 90,000 U.S. dollars) under stringent conditions that include a weekly check-in with the TID. While Alles and his family members were in court for his bail hearing, his house was reportedly ransacked. The burglars seemed to pay special attention to Alles’ home office. Alles’ close friend, former Port Development Minister Sripathi Sooriyarachchi, was quoted in the Daily Mirror alleging that the video disk was taken. In addition to the video, Alles stated that one million rupees was taken from his house. Despite this, Sooriyarachchi added that Alles has “important things to disclose, which will be done in the near future,” implying that Alles may have other copies of the video. Blake further wrote.

Below we give the relevant part of the confidential cable;

VZCZCXRO5025
OO RUEHBI RUEHLMC
DE RUEHLM #0844/01 1651036
ZNY SSSSS ZZH
O 141036Z JUN 07
FM AMEMBASSY COLOMBO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6253
INFO RUEHRL/AMEMBASSY BERLIN PRIORITY 0458
RUEHKA/AMEMBASSY DHAKA PRIORITY 0195
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 7176
RUEHKT/AMEMBASSY KATHMANDU PRIORITY 5283
RUEHLO/AMEMBASSY LONDON PRIORITY 3831
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 1081
RUEHNY/AMEMBASSY OSLO PRIORITY 3902
RUEHKO/AMEMBASSY TOKYO PRIORITY 2988
RUEHCG/AMCONSUL CHENNAI PRIORITY 7762
RUEHBI/AMCONSUL MUMBAI PRIORITY 5422
RUEHON/AMCONSUL TORONTO PRIORITY 0247
RUEHGV/USMISSION GENEVA PRIORITY 2119
RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION PRIORITY
S E C R E T SECTION 01 OF 03 COLOMBO 000844

SIPDIS

SIPDIS

DEPARTMENT FOR SCA/INS
MCC FOR D NASSIRY AND E BURKE

E.O. 12958: DECL: 06/14/2017
TAGS: PGOV PREL PTER PHUM MOPS CE
REF: A. COLOMBO 788

¶B. 2006 COLOMBO 1622
¶C. COLOMBO 824

Classified By: Ambassador Robert O. Blake, Jr., for reasons 1.4(b,d).
¶3.  (S) A UNP source told Pol Chief that Tiran Alles had
executed an affidavit detailing Basil Rajapaksa, Jayasundera
and Weeratunga’s involvement in the arrangements with Emil
Kanthan, a prominent Tamil businessman and suspected LTTE
intelligence officer, some time ago.  Alles has deposited the
original in a secure place accessible to his attorney.
Further, Alles had recorded at least one of the meetings
between Kanthan and Rajapaksa’s election team (Basil
Rajapaksa, Jayasundera and Weeratunga ) with his mobile
phone’s video camera.  (Note: at least one of the meetings
reportedly took place in Alles’ office.)  According to the
source, Alles also kept a copy of the video in a secure
location.  Several Embassy contacts report having seen at
least parts of the video.

¶4.  (SBU)  On June 13, Alles was released on one million
rupees bail (roughly 90,000 U.S. dollars) under stringent
conditions that include a weekly check-in with the TID.
While Alles and his family members were in court for his bail
hearing, his house was reportedly ransacked.  The burglars
seemed to pay special attention to Alles’ home office.
Alles’ close friend, former Port Development Minister
Sripathi Sooriyarachchi, was quoted in the Daily Mirror
alleging that the video disk was taken.  In addition to the
video, Alles stated that one million rupees was taken from
his house.  Despite this, Sooriyarachchi added that Alles has
“important things to disclose, which will be done in the near
future,” implying that Alles may have other copies of the

COLOMBO 00000844  002 OF 003

video.
BLAKE
Courtesy:
Colombo Telegraph

–

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO              001622
SIPDIS
SIPDIS

E.O. 12958: DECL: 10/04/2016 TAGS: PREL PTER PHUM PREF MOPS CE
SUBJECT: SRI LANKA: PRESIDENTIAL ADVISOR BASIL      RAJAPAKSA SPEAKS FRANKLY ABOUT HUMAN RIGHTS AND KARUNA FACTION
REF: A. COLOMBO 1617 AND PREVIOUS
B. COLOMBO 1604 AND PREVIOUS

Classified By: Ambassador Robert O. Blake for reasons 1.4(b,d).
“President is Keen on Human Rights”

5. (C) Basil told the Ambassador that the President genuinely  seeks the help of the Co-chairs, and the US in particular, to improve Sri Lanka’s human rights capability by lending experts, assisting with inquiries, and building up the indigenous Human Rights Commission (HRC).  The Ambassador agreed that President Rajapaksa and Development and Human Rights Minister Mahinda Samarasinghe have strong reputations as human rights advocates, but noted the UNHCR lacked credibility.

6. (C) Speaking with surprising candor, Rajapaksa explained
the GSL’s efforts to prove that members of the Security Task
Force (STF) murdered five students in Trincomalee in January:
“We know the STF did it, but the bullet and gun evidence
shows that they did not.  They must have separate guns when
they want to kill someone.  We need forensic experts.  We

COLOMBO 00001622  002 OF 002
know who did it, but we can’t proceed in prosecuting them.”

7. (C) He said that the Sri Lanka Army (SLA) has been sufficiently trained in human rights, but that the Sri Lanka Navy (SLN) has been credibly implicated in harassment and human rights violations.  “We have few complaints in areas of SLA presence, but we have a problem with the SLN,” Rajapaksa explained. “We didn’t expect them to work with civilians and they weren’t trained.”  He said the President has prioritized human rights training for the Navy. Rajapaksa added that with a new law requiring that police notify the magistrate before they can detain a suspect for longer than 24 hours, “We have minimized harassment by the police.”

Comment

11. (C) The Ambassador’s first meeting with Basil Rajapaksa sparked a candid response from the Presidential Advisor and laid the foundation for a pragmatic relationship with the embassy.  Rajapaksa’s frank discussion of the GSL’s human rights struggles with its security forces and request for international assistance in human rights capacity building is welcome.

(Courtesy: Telegraph)

Faiszer Musthapha

The UNP after a prolonged silence has thought it necessary to issue a statement on the report of the Lessons Learnt and Reconciliation Commission (LLRC).  Apparently the statement echoes the concerns of the unpatriotic parties working against the sovereignty of Sri Lanka, rather than representing the interests of the minority communities in Sri Lanka – particularly the Tamils and Muslims.
The UNP in criticising the LLRC report states that its findings to the effect that the Ceasefire Agreement (CFA) is conceptually flawed and untenable. In support of this argument, it implies that the Commission had relied on statements of Mr. Javeid Yusuf and the University Teachers for Human Rights of the Jaffna University. The UNP had conveniently supressed the fact that the Commission had also considered vital facts placed before it by very knowledgeable persons on the subject including Mr. Austin Fernando the former Defence Secretary at the time of signing the CFA. He had stated that, “the CFA was structured on demarcating the territory of Sri Lanka into LTTE-controlled and government-controlled areas. This had the effect of undermining the territorial integrity of the State. It was also contended that the attempts to demarcate ‘no-go’ areas/exclusion zones in respect of the movement of the Sri Lanka Navy, off the coast of certain parts of the Eastern sea port, allowed the LTTE to facilitate illicit smuggling of weapons and war material”.
In addition, the Commission had before them the statements of Mr. Bernard Gunatilleke, the first Secretary General of the Secretariat for Coordinating the Peace Process (SCOPP – the Government Peace Secretariat) and Mr. Jayantha Dhanapala among others. Thus, it would be seen that the LTTE which only had a de-facto administrative command in a specified area had been given de-jure status. Hence, the Ceasefire Agreement is not only conceptually flawed, but also had bargained away the sovereignty of the nation. It would be remembered that the then Head of State was required to obtain permission from the LTTE hierarchy to visit the sacred Madu Church premises.
The UNP statement attempts to imply that, the Mahinda Rajapaksa government failed to hold direct talks with the LTTE after the election; but the fact is that shortly after winning the Presidential Election in November 2005, the Mahinda Rajapaksa government recommenced the stalled talks with the LTTE.
In 2006, the LTTE delegation flew to Norway for talks with the government of Sri Lanka, as facilitated by the Norwegian government, but they refused to come to the negotiating table on the flimsy excuse that the LTTE was not satisfied with the Government of Sri Lanka (GoSL) delegation.
Then again, in October 2006, the LTTE refused to proceed with talks until the GoSL agreed to open the A9 highway, knowing very well that the government would not agree to grant it, for security reasons.
It is not only amusing, but also hilarious that the UNP talks of so-called positive effects the CFA had on Sri Lanka’s economy. It is an accepted fact that the LTTE exploited the ceasefire period to increase its military strength. The Ministry of Defence in its publication titled, ‘Humanitarian Operation – Factual Analysis (July 2006 – May 2009)’, (p37) states, that there is documented evidence to the effect that the LTTE built “stockpiles of weapons and ammunitions and engaged in a large-scale recruitment drive to markedly increase its strength”.
It is during the CFA period that the LTTE acquired aircrafts adding a new dimension to its warfare by resorting to aerial attacks. These attacks were aimed at several military as well as economic targets. Furthermore, the government was compelled to procure defence systems and counter-attack military equipment, the cost of which were enormously high. Therefore, the impact caused by the CFA on the Sri Lankan economy has been disastrous.
The aim of the UNP either to wilfully or otherwise appease the pro-LTTE elements, both internationally and domestically, is well demonstrated in the fact that the statement of the UNP had conveniently forgotten the trauma of the minority Muslims and even the Sinhalese, who were a minority in the North and East.
Has the UNP forgotten or wilfully omitted the plight of Muslims who yet undergo trauma, consequent to the ethnic cleansing program of the LTTE? The most striking example of their dream of creating a mono-ethnic state under the guise of the liberation of Tamils is the expulsion of the 75,000 Muslim residents from the Jaffna Peninsula. The LTTE ordered the Muslims to leave within 48 hours and a total of nearly 600 Muslims had been massacred.
The effect of the LTTE ethnic cleansing program is aptly demonstrated by the fact that the Sinhala civilian population in the Northern Province which stood at nearly 20,000 in 1981 had been reduced to zero, a few years later.
The reference to the so-called “Report of the UN Panel of Experts” is yet another instance of the UNP’s subordination to the LTTE line of action after its military defeat. In the first instance, it must be made clear that there was no report of any UN Panel of Experts on Sri Lanka, probing into our domestic issues. It is the report submitted by a committee headed by Mr. Marzuki Darusman, appointed by the UN Secretary General to advise him on certain matters. The UN General Assembly, Security Council or any other arm of the UN had not appointed any commission to probe into matters concerning Sri Lanka.
The UNP laments that “no meaningful steps were taken to investigate the deaths and the disappearances of the civilians which were reported to the relevant authorities together with credible information”. The appointment of the LLRC is only the beginning of a process of reconciliation and addressing issues, if any, for long lasting peace and communal harmony. Therefore, the findings of the LLRC will have to be addressed over a period of time. Already the President himself has declared the commitment of the government to implement the recommendations of the LLRC.
The LLRC report is very clear that any reported human rights violations should be probed. Vide Chapter 9.37 which states, “(Investigate the specific instances referred to in observation 4.359 vi (a) and (b) and any reported cases of deliberate attacks on civilians. If investigations disclose, the commission of any offences, appropriate legal action should be taken to prosecute/punish the offenders)”.
The report of the LLRC has already been hailed by the international community including the western bloc countries such as Canada. What the international community requests of Sri Lanka is to implement the recommendations of the LLRC. As anybody could see, this process is moving fast.
The Sri Lanka Army has already appointed a court of inquiry to probe into matters mentioned in the LLRC report. The government has already appointed the Police Commission. Hence it is clear that the government is committed to implementing the recommendations of the LLRC as expeditiously as it could.
Therefore, the duty of all patriotic political parties and Sri Lankans should be to stand together to create a Sri Lankan identity and safeguard the integrity of the country and the sovereignty of the people. However it is a pity that the UNP, rather than aligning itself with the patriotic forces has chosen to provide ammunition to the separatist elements.