Struggling Mullaitivu fishermen demand release of coast from Sri Lankan army

30Sep 2017

Mullaitivu fishermen are struggling to engage in their livelihood due to the Sri Lankan military occupation of coastlines in the district.

With around fifty boats engaged in fishing in the Mullivaikkaal West area, fishermen are struggling without sufficient docking space.

Much of the Mullaitivu coast remains heavily militarised and inaccessible to Tamil residents.

The Mullivaikkaal beach where the Sri Lankan military forces committed widespread atrocities towards the end of the war remains guarded but is accessed by Sinhalese fishermen.

Mullaitivu residents have requested Northern Provincial Council member T. Ravikaran to secure the release of enough coastal land to establish a harbour of at least 100 metres, to accommodate the fishing boats.

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30 July 2017 : Myliddy fishermen struggle to rebuild livelihood with inadequate government support

10 May 2017 : Militarisation is primary cause of Mullaitivu's poverty representative tells NPC

03 April 2017 : Limit Southern fishermen's use of Mullaitivu waters - NPC

FOREMOST POSITION FOR BUDDHISM - PRESIDENT

UNITARY STATUS enshrined UNDER NEW CONSTITUTION :

Saturday, September 30, 2017

President Maithripala Sirisena yesterday assured that there would be no room for a division or a separation of the country under the proposed new constitution.

He also assured that his government would not in any way dilute the position given to Buddhism that has already been guaranteed in the present constitution. He made these remarks yesterday in response to the comments of several Maha Nayaka Theras,participating in a ceremony held at Gemunupura in Ampara.

President Sirisena also said that several nayake theras had commented to the media, that the new constitution is to be drafted based on Federalism, which is incorrect.

“I phoned Jayampathi Wickramaratne and inquired about the truth of this statement”, the President said.

“He said that nothing will consist in the constitution that will dilute the foremost position given to Buddhism. I asked his twice and he assured me that such clauses will not be included in the constitution”.

He also said that the former President had said that there should be a new constitution for power devolution. 

Terrorism Investigation Department summon Mannar civil society leader over planned protest

Sivakaran arrested by TID, released on bail ( Apr 28, 2016)

 Sep 29, 2017

The Terrorism Investigation Department has summoned a Mannar civil society leader for questioning in Colombo.

V. S. Sivakaran, who heads the Federation of Community Organisations in Mannar was served the summons in relation to a letter he had sent to the Sri Lankan president criticising the president’s plans to attend the opening of an illegally constructed vihara in the environs of Thiruketheeswaram Kovil.

In the letter Mr Sivakaran had warned that if the President chose to ignore local concerns and attend the opening, Mannar locals would protest his visit.

While the opening of the vihara is due to take place this Friday (September 29), Mr Sivakaran has been instructed to appear before the Terrorism Investigation Department in Colombo the following Monday (October 3).

http://tamilguardian.com

Presidential Rule of Provincial Councils

By Neville Ladduwahetty-September 29, 2017, 9:57 pm 

The Provincial Councils Elections (Amendment) Bill was passed by Parliament with a 2/3 majority and signed into law by the Speaker. The need for a 2/3 majority is reported as being based on the advice of the Attorney General. Whether the Bill provides for the Governors to take over the functions of the Provincial Councils at the end of their statutory period or not, the present understanding is that the Governors would be responsible for the functioning of the Provincial Councils at the end of their statutory periods.

The Constitution however, does not provide for the Governor of a province to take over its functions at the end of the statutory period of a province. What it provides is for the President by proclamation to "assume to himself all or any of the functions of the administration of the Province and all or any of the powers vested in, or exercisable by, the Governor or anybody or authority in the Province" (154L, 1. a). However, such assumptions of power by the President are only under special circumstances such as public security (154J), failure to comply with directions (154K), failure of administrative machinery (154L), financial instability (154N).

Since none of these special conditions listed above exist at this time in any of the provinces, the arrangement for a Governor to assume functions of a province amounts to a violation of the Constitution. However, although it may be a violation as far as the Provincial Councils are concerned and therefore the need for a 2/3 majority as recommended by the AG, in so far as the people of the province are concerned, it is a denial of their franchise. This is a violation of a fundamental right which is an important component of the sovereignty of the people. The impact of the measures adopted by the government could very well have far reaching consequences, unless corrective measures are adopted.

PROVISIONS IN THE INDIAN CONSTITUTION

Article 154L of the Sri Lankan Constitution is an almost verbatim copy of Article 356 of the Indian Constitution. Although this provision is intended to be used sparingly and only in instances of failure of domestic machinery or a democratically elected government being unable to form a government, it has almost always been used by Indian governments to sack state governments whenever it was politically expedient.

For instance, the process started with Jawaharlal Nehru in 1959 dismissing the government in Kerala followed by and Indira Gandhi’s government dismissing elected governments "just to teach their rivals a lesson". The provision of Article 356 was abused to such an extent that India set up the Sarkaria Commission in 1983 to bring about balance between the Central government and State governments.

Although Sri Lankan governments have acted more responsibly in the past, the current arrangement could tempt governments to operate selected provincial and even local government administrations without elected bodies. Despite this, the procedures adopted, however disingenuous and improper, are being perceived as acceptable on grounds that whatever was done by Parliament has the sanctity of Parliamentary privilege because of the supremacy of Parliament. This is a flawed notion.

PARLIAMENTARY PRIVILEGE

There is an understanding within the Judiciary and among Parliamentarians in Sri Lanka that Parliamentary privilege is sacrosanct. This notion has skewed judgments relating to previous applications for interpretations of resolutions passed by Parliament relating to the meaning of a "National Government". As a consequence of this notion the judiciary considers measures adopted by Parliament as being out of bounds for the judiciary to intervene unless specifically requested. This belief is based on practices adopted by former British Parliaments and recorded in Erskine May’s several editions, but have since been revised.

The practice in the British Parliament had been (according to the UK Parliament’s website):

42. "From at least 1818 the practice in the House of Commons was that its debates and proceedings could not be referred to in court proceedings without leave of the House".

43. "One of the uses the courts now make of parliamentary proceedings is as an aid when interpreting Acts of Parliament. This follows from the decision in Pepper v. Hart" 1993.

44. "The House of Lords in its judicial capacity decided that clear statements made in Parliament concerning the purpose of Legislation in the course of enactment may be used by courts as a guide to the interpretation of ambiguous statutory provisions. The Lords held such use of statements did not infringe article 9 because it did not amount to questioning proceedings in Parliament. Far from questioning the independence of Parliament and its debates, the courts would be giving effect to what was said and done there".

It is evident from the practices in the UK Parliament cited above, the Judiciary has every right to "interpret Acts of Parliament".

However, instead of seeking inspiration from current thinking in UK, it would be more appropriate to rely on Sri Lanka’s own Constitution and file a Fundamental Rights case for denying the franchise of the People by bringing Provincial and Local administrations under the President’s rule through his agent, the Governor.

CONCLUSION

Despite the fact that Sri Lanka is a Republic and the Preamble to its Constitution states "do hereby adopt and enact this CONSTITUTION as the SUPREME LAW of the DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA" its operations are guided by the notion that Parliament is supreme as in UK. This is not so.

The Parliament is not supreme. What is supreme in Sri Lanka is its Constitution and as the Preamble unequivocally states, it ratifies "the immutable republican principles of REPRESENTATIVE DEMOCRACY". Therefore, the denial of the franchise of the People to appoint their representatives to Provincial and Local administrations is a violations of the foundation on which rests Sri Lanka’s Constitution.

Govt. meets consolidation targets: IMF

• Passage of Inland Revenue Act hailed
• Macroeconomic performance mixed with weather taking a toll on growth
• Says growth will be below 4.5%
• Calls for rebuilding reserves, flexible exchange rates and inflation targeting  

Saturday, 30 September 2017

The passage of the landmark Inland Revenue Act is a major achievement which in turn will support the Government’s ambitious social and developmental program, the International Monetary Fund said yesterday but voiced concern over macroeconomic performance, which it described as “mixed” with drought and floods taking a toll on growth and inflation.

The rebuilding of net international reserves should continue to strengthen economic resilience, it added.

A staff team from the International Monetary Fund (lMF) led by Jaewoo Lee visited Colombo to hold discussions on the third review of the Sri Lankan authorities’ economic program that is being supported by a three-year Extended Fund Facility (EFF). The program aims to support the authorities’ ambitious reform agenda to put public finances on a sustainable footing and create space for a social and development program. The mission met with Prime Minister Ranil Wickremesinghe, Minister of Finance Mangala Samaraweera, State Minister of Finance Eran Wickramaratne, Governor of the Central Bank of Sri Lanka Indrajit Coomaraswamy, other public officials and representatives of the business community, civil society and international partners.

At the end of the visit Mr. Lee made the following statement:

The mission made significant progress toward reaching a staff-level agreement with the government on completing the third review of the EFF. Discussions will continue in October in Washington D.C. during the Annual Meetings of the IMF and the World Bank.

Overall, macroeconomic performance has been mixed. Growth has been subdued and inflationary pressures have increased reflecting the drought since late 201-6 and the floods earlier this year. Growth is projected to remain below 4.5% for 2017, and to rebound next year as agricultural production normalises and infrastructure projects pick up. The current account deficit is projected to widen somewhat this year due to higher imports of food and fuel related to the drought and floods. Capital inflows continue, supported by improving market confidence from the progress in reforms. As weather-related supply disruptions dissipate, headline inflation is expected to stabilise in the mid-single digits.

The mission commends the authorities for the strong efforts in implementing their IMF supported economic reform program with all quantitative performance targets through end-June 2077 having been met and the landmark Inland Revenue Act (iRA) legislation passed by Parliament.
Progress, on the other hand, has been mixed in implementing structural reforms-especially in relation to state-owned enterprises (SOEs) and public financial management.
Fiscal consolidation based on stronger revenues remains essential for reducing high public debt. To remain on this path, further broadening of the tax base is needed to fund the social and development spending in the 2018 budget. To this end, the focus should shift to the smooth implementation of the IRA through supporting regulations and manuals, efficient tax administration and greater awareness and preparedness of taxpayers through media outreach and information dissemination. Strengthening debt management capacity and developing a medium-term debt strategy would also enable effective management of the debt burden going forward.

The Central Bank of Sri Lanka (CBSL) should continue to remain vigilant in monitoring inflation pressures and stand ready to tighten monetary policy if needed to contain inflation or credit growth. The CBSL’s drive towards gradually rebuilding reserves should continue. In this regard, the mission welcomes the CBSL’s commitment to develop a roadmap for flexible inflation targeting and a flexible exchange rate regime, which will require strengthening the legal frameworks for CBSL’s governance, improving market functionalities and enhancing communication.

An important priority is to accelerate implementation of structural reforms in public financial management and SOEs. Large financial obligations of SOEs pose fiscal risks and need to be managed by enhancing oversight of performance indicators, developing SOE-specific reform strategies, and following through on fuel and electricity pricing reform. The mission also welcomes the broad-based strategy for improving the trade and investment climate, which will help bolster competitiveness and boost private sector-led growth.

Deduru Oya and Good Governance At Risk

Featured image courtesy Phillip Veerasingham

KALANA KRISHANTHA-on 09/29/2017

Environmental issues have become a central concern of policy makers, with many international conventions ratified by the global community. However, if we want to protect the environment on a global scale, individual countries should try to implement and enforce environmental laws in an efficient manner. Mere participation in international conferences, justifying broken pledges on environmental conservation with sweet words are not sufficient to preserve nature. During the previous government’s regime, there were massive allegations levelled around environmental issues, the corruption of state environmental authorities and destructions of natural heritage sites in broad daylight. On January 8, 2015, the current government came into power with the help of a large number of civil society organizations. Among these, environmental organizations also contributed significantly towards the victory of the current president. He made promises around the conservation of environment, sustainable development and many others related to climate change. However, over the previous two and a half years, this government has fallen far short around various issues regarding environmental conservation.

“Gommuna Kanda” is a mountain range which is situated in the Rideegama and Mawathagama divisional secretariat areas of Kurunegala District. This mountain range sprawls across 2500 acres, with the Galmulla reserve situated within this area. There are many indigenous species living on this reserve and it has significant archaeological value. Many ancient caves and historical ruins were found. But the Archaeological Department has been unable to conduct even one excavation up until now. Gommuna Kanda can be considered a site worthy of conservation, as it is the source of the famous “Deduru Oya”.

Sadly, instead of conserving this most valuable landscape as an archaeological and nature reserve, the Kandy-based company, “William Woodley” has been destroying this natural site to fulfill their greedy commercial desires with the collusion of corrupt politicians and authorized officers. Now, it is heavily deforested and several stone crusher plants have been situated here. Mining the graphite layer here will cause soil instability and pave the way for massive landslides in the near future. The deforestation is happening due to the construction of roads and infrastructure facilities for the stone crusher plants. Some timber factories have also been built here for additional income. The Woodleys have been occupying this area from 2016 and the relevant authorities donated this land for their illegal activities without issuing an Environmental Evaluation Report (EER). The Central Environmental Authority clearly violated the National Environmental Act in this case. The company was allowed to destroy forests and mine graphite over a 255 acre extent of “Gommuna Kanda”. They have been destroying it with the blessings of the relevant authorities. The Central Environmental Authority and the Geological Survey and Mines Bureau (GSMB) should be held directly responsible for this environmental crime.

The Kurunegala district is a centre for paddy production. Due to deforestation, many of the water sources springing from “Gommuna Kanda”, have gone dry. The inhabitants living in the 12 villages nearby have had to give up cultivation of 300-acres of paddy land, in addition to other agricultural land. At a time when the country is facing a food shortage due to drought and climate change, these man-made disasters could, and should have been avoided. Five hundred and fifty families from nearby villages are suffering water shortages. At present, finding drinking water has been become a major issue in this area. This should be considered as a humanitarian crisis on the same scale as in Rathupaswala.

This will not only affect nearby villages, but also the massive water projects based in and around Deduru Oya. If Deduru Oya’s water levels drop, Gommuna Kanda will become as dry as Chilaw.

The villagers are suffering due to the water shortage and the destruction of the beautiful natural environment they have been living in. According to the law, police can act against this, on the grounds of preventing a public nuisance. Unfortunately, what is happening instead is that police and relevant environmental officers are taking the side of this destructive company and are actively working against the villagers. If this situation continues, it could lead to violent protests by the residents.

The Ministry of Environment falls directly under the President’s mandate. Deduru Oya is a major water resource for Sri Lanka. So, the relevant authorities should consider this a national issue. Under the principles of good governance, this type of environmental destruction should not be occurring today.

The relevant authorities should try to avoid “Gommuna” from becoming the next “Rathupaswala.”

With special gratitude to the Movement for Land and Agricultural Reforms (MLAR)

Those who enjoyed this article might find “The world’s first Ele-friendly bus: A success story” and “Desertification of Jaffna and Jojoba” enlightening reads. 

Individuals and the Free Market

By R.M.B. Senanayake-2017-09-29

The Free Market System promotes the welfare of the people ensuring individual freedom, although it is unconcerned with moral humanitarian issues.

The original proponents of Economics were concerned with moral and egalitarian issues, such as how to promote moral values and equality in the economy. But the modern understanding of technical economics has displaced such humanitarian aspects and the subject has become more technically oriented and focused on individual choice.

The deeper moral philosophy of Adam Smith and others is no longer considered. Such a basic common concern of the Scottish Philosophers as that of creating the institutional conditions for a civil and compassionate society is lost in its modern rendering and is confined to socialists and communists. Now, Economics is purely a technical study of choice under given circumstances of scarce resources to meet endless needs and desires.

Hume's focus on private property, the need for free transference of property by consent, and the keeping of promises through contract are taken for granted. They are, however, invaluable supports of modern society.

They are not rules that only benefit one segment of society at the expense of others, but instead form the general foundation for civil society and peaceful social cooperation. Smith's analysis of the wealth of nations is measured by a rising standard of living that is shared by more and more of the general population. This same concern is still valid today and is the concern of liberal humanitarian persons and organizations. It is an empirical matter as to which set of institutions best achieves that task. But the concern with raising

the living standards of the least advantaged in society is never far from view and is still validly held.
However, the emphasis of modern economics has changed. The atomistic neoclassical model has come to be accepted for its merits of ensuring individual freedom and private enterprise, instead of common ownership or socialism. It has come to be accepted that political liberalism cannot exist without economic liberalism in a free enterprise economy where the private individuals are allowed to own and dispose of property.

Adam Smith

Classical economists like Adam Smith were concerned with determining the conditions that a society must have to ensure freedom of thought and action for the individual. Adam Smith thought that the essential condition for the existence of such individual freedom is the right to own and transfer private property and the right to expect government protection for such private property rights. So the government was expected to provide such protection for private property rights. Classical economics accepted the right to own and freely dispose of private property as the essential indispensable feature of a free society.

But everybody did not own private property. It was owned only by the aristocracy who inherited the lands under feudal title.

Workers had no ownership of the land but were tenant farmers or agricultural labourers if they worked on the land. With the Industrial Revolution there emerged a class of owners of machinery, who produced goods in factories using machines and people to work in a central place of work called the factory, where they could be adequately supervised for quality.

There were also landless labourers who had been displaced due to the Enclosure Movement, where landlords evicted them and consolidated their property for better supervision and management.
They now took a greater interest in ownership because there was surplus produce due to new inventions and innovations, unlike earlier where production was only for sustenance.

Also, landless persons had to work to make a living. Money had displaced barter in exchange and money could be used as a general medium of exchange to buy any goods and services in the market place. Therefore, landowners began to take an interest in the commercial farming of their lands. But some political thinkers, who emerged, stated that the system was unfair since property was owned and transferred to the progeny through inheritance. They advocated Socialism.

Within the environment of such protection for property rights, the economists were interested in studying how the individual made rational decisions when he had to use scarce resources. If he used
such scarce resources for one need or purpose they were not available for another of his needs and purposes. So how will the rational individual decide between different uses of scarce resources? How will he value them and how will he choose between them since he can't buy all that he wants?

So Economists went on to study these questions of individual choice -how the individual makes rational choices particularly in situations where resources available are scarce, relative to the demand for them. In such a situation there must be rational decisions to enhance the welfare of the individual or the community.

Human behaviour & choice

The mainline of economic thought from Smith to Hayek were concerned with this issue and devised a rational choice analytical structure to the questions of the logic of choice. But it is rational choice for fallible human beings with their inconsistencies and quirks of behaviour.

They are mortals, not robots. Yet, despite their fallible nature, there are 'invisible hand' processes, which have emerged through this exercise of human freedom. But they depend on an institutional context to provide the filtering processes which dictate the equilibrating tendencies and the equilibrium, or stable situations which will prevail for a longer period.

In short, the mainline of political economy or economics from Adam Smith to F.A. Hayek is one that analyses and reaches conclusions for stable prices given the rational choice of individuals if the choosers are human, and act within institutional backgrounds. Despite the exercise of such varying individual decisions there are tendencies for stability in
prices and quantities which prevail at least for a short time.

This is what struck these economists as important and hence they proceeded to study the conditions for such stable situations.

The individual needs to buy goods and services to fulfil his needs and desires. But he has a limit of how much of such goods he can buy and store, since his resources in the form of money are limited and he needs to spread his consumption over time.

"This mainline of political economy, rejects the claims to egalitarianism, It is however, firmly grounded in market egalitarianism where all persons who buy or sell in the market are treated equally with no favouritism to any buyer or seller.

Anyone, who challenges the analytical egalitarian perspective is subject to scorn by Smith – e.g., his proposition that the only difference between the philosopher and the street porter is in the eyes of the philosopher, or his warning that the statesman who attempts to outguess the market would assume a level of responsibility he is incapable of judiciously exercising, Hume and Smith presented a structural argument in political economy; an argument intended to discover a set of institutions where bad men could do least harm if they were to assume positions of power.

As Hume put it, when we design institutions of governance, we must presume that all men are knaves. This is something our goodhearted politicians must bear in mind when drawing up fancy schemes for equality. And in a move, that anticipated the modern political economy of both Hayek and Buchanan, Smith basically argued that our knavish behaviour manifests itself in either arrogance or opportunism. We see both in our free society".

The classical liberal political economists treat the individual not as atomistic, but as embedded withinsocial settings – in families, in communities, in history. Yes, there is both the self-interest
postulate and the invisible-hand postulate.

But the emphasis classical economists provided restraints they hoped to establish on the abuse of power by political elites.

However, it is just as important to stress the emancipatory or freedom enhancing aspect of the doctrine as well. As Hayek writes in his essay 'Individualism: True and False' Smith and other classical liberal political economists were concerned "not so much with what man might occasionally achieve when he was at his best, but that he should have as little opportunity as possible to do harm when he was at his worst."

Hayek continues: "It would scarcely be too much to claim that the main merit of the individualism which he and his contemporaries advocated, is that it is a system under which bad men can do least harm.

The free market system is a social system which does not depend on its functioning on our finding good men for running it, or on all men becoming better than they now are, but which makes use of men as they are, in all their given variety and complexity, sometimes good and sometimes bad, sometimes intelligent and more often stupid."

Classical philosophers like Plato thought of how to get good men in society to entrust leadership. But the free market system eliminated this need for human leadership. It also provided for individual
freedom. And Hayek concludes, "Their aim was a system under which it should be possible to grant freedom to all, instead of restricting it as their French contemporaries wished, to the good and the wise"(emphasis added), the same thought once championed by ancient Greek philosophers like Plato.

‘Smart class’ concept to pilot modernised education system: PM

Prime Minister Ranil Wickremesinghe who went on an observational tour of the ‘smart class’ introduced at the Sri Jayawardenepura Maha Vidyalaya, Kotte yesterday is seen talking to the students. Picture by Nirosh Batapola.

Amali Mallawaarachchi-Saturday, September 30, 2017 

Prime Minister Ranil Wickremesinghe yesterday said the country’s education sector will be modernised in keeping with the 21st century.

The Prime Minister participating on an observational tour of the ‘smart class’ introduced at Sri Jayawardenepura Maha Vidyalaya, Kotte said this concept pilots the modernised education system which will be established within the next 10 years.

As another step of modernisation, the government will provide tabs to Advanced Level students in the next year, Prime Minister Wickremesinghe also said.

Prime Minister Wickremesinghe also said the proposed smart classrooms will be introduced to national schools around the country as well. Stressing the importance of information technology as a skill and a part of education, PM Wickremesinghe also said that it improves the human capital which is the largest resource Sri Lanka has.

“We will also provide the necessary teacher training facilities to realise this task. The government is also to make 13 years of school education compulsory while adding more technical subjects to the secondary education curricula.” Premier Wickremesinghe explained.

The Prime Minister stated that the concept of ‘smart classes’ will be tested with vocational training institutes as well.

“In a decade’s time, this new method will be fully available islandwide.” the Prime Minister said.

PM Wickremesinghe observed that the modernisation of education should have taken place a decade ago.

“When I was the Minister of Education in 1981-1982, we started providing computers to schools. But, unfortunately, even today, there are schools which lack computer facilities. The government took a decision to give tablets to school children in a background as such,” Premier Wickremesinghe explained.

The Prime Minister pointed out that the government has taken steps to re-establish the position of school-inspector, grading of Principals with a proper legal procedure and assign teachers to difficult schools.

The Prime Minister also commended Minister Dr. Harsha de Silva for pioneering the concept of smart classes. He noted that any government, despite whoever the leading political party, holds the responsibility of promoting education. “One of the main responsibilities taken up by this government is promoting education. We will do it in accordance with the 21 century we are in.” the PM observed.

Premier Wickremesinghe also noted that the government did not have sufficient funds to implement this programme due to large debts and payment deficit Sri Lanka was suffering from.

“However, we were able to implement this programme as a result of better economic conditions. Yet, the most difficult years for us will be 2017, 2018 and 2019. But, we will solve the issues and make progress and take the country forward,” he added. 

Scam in Tab purchase tender - To education minister’s attention!

Sep 29, 2017

After the present government took office, secretaries and other top officials of the ministries were changed. Accordingly, a new secretary was appointed to the education ministry and it was special that the presidential secretariat sent him to the ministry as a supervising officer before his posting.

After he assumed duties, most top positions in the ministry changed according to his wishes. S.P. Jayatunga, the seniormost officer in the Sri Lanka administrative service and did a commendable job for a long period as the additional secretary (procurement and construction) was transferred to another institution. The new appointee was Anuradha Wijekoon, who previously worked in a project of the Department of Motor Traffic, and a close friend of the secretary.

 

He is new to the procurement subject, and was directly involved in fraud and corruption in the issuance of driving licenses at the Department. However, he told the staff of the ministry that he was a very benevolent public servant and will be bound to perform his duties very transparently. But, officers in the division came to know within days that his ulterior motive was quite the contrary. Experienced officers were transferred and novices to the procurement field were integrated. As a result, the efficient, impartial and proper planning of the division collapsed, and its assistant secretary came to be regularly criticized by the suppliers and the secretary.

 

The procurement division became worse by the day, but the new additional secretary took no heed and spent most of his time to achieve his ulterior motives. For that, he brought down a supplier to the education ministry with whom he has been having links.

 

A case in point is the tender to provide Tabs for GCE A/L students as per a 2017 budget proposal. On 05 June 2017, the ministry published an advertisement calling for prices to buy 195,148 Tabs. Cabinet approved procurement and technical evaluation committees were appointed. The latter comprised seven members, including a professor of the IT division of the Sri Jayewardenepura University, an ICTA representative, and finance and education ministry officials. That was sanctioned by the procurement committee consisting of two ministry secretaries, an accountant and a commissioner. With approval by the subject minister and the ministry secretary, the technical evaluation committee prepared the specifications. Bidders were allowed from the date of the advertisement to buy procurement document at the payment of a non-refundable deposit of Rs. 500,000.

 

A pre-bid meeting was arranged at the ministry on 15 June 2017. It was attended by members of the technical committee, the additional secretary and other officials of the ministry’s procurement division. Also in attendance were more than 50 bidders, and several agents of their parent companies. That meeting lasted several hours and faults in the bid and the specifications came under discussion. With unanimous agreement, the ministry’s additional secretary promised to submit the corrections soon. The ministry then corrected the minor faults in the bids and the specifications and handed over to the bidders. The closing date to accept bids was extended by two weeks, until 12 July 2017. Ten bidders readied their deposits and waited for the date. However, the ministry published a newspaper advertisement on the penultimate day and further extended the closing date until 31 July 2017. All the bidders were surprised by that and despite their repeated inquiries, the ministry’s procurement division failed to give a clear answer. They suspected foul play, persisted with their inquiries and found out the following.

 

The extension was to gain time to start the entire process again after the technical evaluation committee refused documents prepared by ICTA’s CEO Muhunthan Canagey to be advantageous to a certain chosen party. Also, the Windows operating system and the Office package which could have been obtained by the ministry for a fee of just two dollars from Microsoft have been replaced with the insecure Android system.

 

The procurement officers were in a dilemma as the hierarchy continued to work in support of the additional secretary’s unilateral decision and to serve the needs of the ICTA CEO. Then, the closing date was extended through a newspaper advertisement further by three weeks until 22 August 2017. Finally, the tender was opened on that day to find 10 well known companies having submitted bids. The values of the bids were between Rs. 4.1 billion to Rs. 10 billion. Thereafter, the ministry gave time for the bidders to submit sample Tabs until 07 September 2017. The seven lowest bidders met that deadline. Then, the technical evaluation committee got to work. Watching all these closely, the additional secretary made a plan, as discussed with Metropolitan company with which he has had connections since his Motor Traffic Department days, to remove other bidders from the technical evaluation report. The result was the introduction of a new specification that all the bidders should obtain a certificate from the US Federal Commission. The additional secretary got the chairman of the committee to join their plot.

 

The bidders were quite surprised by the new specification, and submitted an explanation together with the certificates they were having. Subsequently, it came to light that only Metropolitan has the certificate requested. Thereafter, the seven lowest bidders were out of the competition and the eighth placed company that made a bid of Rs. 7.4 billion has been chosen and plans are being made to hand over the tender to this company.

 

It is clear that the additional secretary Anuradha Wijekoon is continuing with his habitual swindling in collaboration with Metropolitan company. If it is given the tender, the state will incur a loss of more than Rs. 3.2 billion. It is a question as to whether the ministry secretary too, is a partner of this plan at swindling after misleading the subject minister as there exists a government that came to power with a promise to eliminate fraud and corruption.

Smoke Out The Perpetrators Of Terror

By Mass L. Usuf –SEPTEMBER 30, 2017

Mass Usuf

Much has been talked about both locally and internationally, about the attack on the UNHCR shelter in Mount Lavinia by a gang of thugs led by men in robes. Following this cowardly attack, they heroically claimed that they had smoked out Rohingya terrorists hiding in Sri Lanka. They did smoke out indeed, but, whom? A frightened group of speechless and terrified nine men, seven women and 16 children. 

These were people who had been taken into custody by the Sri Lankan Navy for entering our territorial waters. The Navy had provided them with whatever humanitarian assistance they needed and handed them over to the Kankesanthurai Police on 30.04.2017.  The legal process took effect and the Mallakkam Magistrate ordered that they be handed over to the UNHCR. They were subsequently housed at the Mirihana detention camp by the UNHCR pending onward transfer to a host country. Up to this point, Sri Lanka was a democracy with the rule of law in full effect. Up to this point, all those involved displayed that innate quality of what is called humanity. Up to this point, all those involved did their part without racial or religious prejudices. Up to this point, all those involved showed concern and empathised with these innocent people fleeing for their life. Among them was a pregnant woman who later delivered her baby while in custody. Up to this point, all behaved in a civilised and noble manner.

Condescending Behaviour

Then comes the fringe elements who begin to play their evil role. While in the camp a young girl was raped by a Policeman attached to the camp. Any one may question, who would rape a young girl who has come as a refugee seeking your protection? Well, this Policeman did it. A case No. B/2030/17 is now pending at the Gangodawila Magistrate Court. Obviously, the state of affairs dictated that these people cannot be kept their anymore.  Fearing for their security and protection, the UNHCR as a responsible organisation, with the concurrence of the court and the Police decided to house them in Mount Lavinia.

When these grief-stricken people were in their new abode, staring at a hopeless and empty future, trouble strikes them again. A bunch of pussies stormed the UNHCR shelter followed by a tumultuous mob. Colombo Telegraph on 29 September 2017 carried the story along with two videos. Besides, the abused hurled at the Policeman, some lawyers opinionated that many laws have been violated by these thugs. Focussing only on the Penal Code, one may consider the following:

1. Abetting, Section 102;

2. Conspiracy, Section 113A;

3. Promoting ill will and hostility, Section 120;

4. Unlawful assembly, Sections 140 and 148;

5. Wanton provocation to riot, Section 150;

6. Obstructing a Public Officer, Section 183;

7. Utterances wounding religious feelings, Section 291A;

8. Deliberate acts to outrage religious feelings, Section 291B;

9. Criminal trespass, Section 433;

10. Intentional insult to provoke a breach of the peace, Section 484;

11. Making false statement breaching public tranquillity, Section 485;

It is known to the Police that amongst this unlawful crowd was a notorious person against whom there is a pending criminal case No. B/3720/16 in the Fort Magistrate’s Court. His name is Dan Priyasad and the video carried by the Colombo Telegraph clearly shows his behaviour.  He was earlier remanded and bailed out on strict conditions especially not to engage in unlawful activities that would endanger peace and harmony in the country. Subsequent to his been enlarged on conditional bail, there have been several instances where complaints had been made against him to the Police.  The following list provides the details:

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Inhuman attacks on Rohingya Refugees, the Buddhist Sangha and Remnants of Feudalism

It should be admitted that the prominent Sangha influence in politics at present is detrimental to the democratic process and

by Laksiri Fernando-Sep 29, 2017

( September 29, 2017, Sydney, Sri Lanka Guardian) The recent violent attacks in Colombo mainly by Buddhist monks against a small group of desperate asylum seeking Muslim Rohingyas have brought the Burmese reality into Sri Lanka. The Mahanayakas or the chief-priests of the Buddhist Sangha (monks) have not condemned the extremist incidents, although the incidents constitute the polar opposite of the basic tenants of Buddhism and Ahimsa (non-violence), not to speak of Metta (compassion). It is quite unlikely that they would condemn, or criticise, other than condoning directly or indirectly because of the reasons that this article is going to discuss.

This is not the first time that Rohingya Muslims have appeared in Sri Lankan shores as asylum seekers, although compared to the numbers who have reached India or Malaysia by boats, these are quite insignificant. Minister Mangala Samaraweera has given the details in a statement condemning the attacks. Like in all the previous instances, they are under the UNHCR (United Nations High Commissioner for Refugees) care, and would be repatriated to a third country because Sri Lanka is unfortunately not in a position to take them as refugees.

Inhuman and Backward

That can be considered understandable, given Sri Lanka is a poor country with its own internal problems. However, that is not a reason to be inhuman when they reach here or when they are processed by the UNHCR  to be sent to a third country. In recent times, we have seen pictures and videos of thousands and thousands of Rohingyas fleeing Myanmar (Burma) to Bangladesh including children, women, sick and old. They are not coming here, to be too alarmed. They are also now facing resistance in Bangladesh showing that these problems are intertwined with poverty, insecurity and political conflicts.

Whatever the reasons triggered the recent events, as a person who have visited some of these areas for work and research purposes, and who has written on them, the conditions of these ethnic minorities are quite appalling both politically and socio-economically in Myanmar. This is particularly the case of Rohingyas. Of course the conditions are no better of the majority Buddhist Burmans particularly as a legacy of the army rule and Myanmar being a poor country. That is one reason why they should unite, and not fight each other. The army officers function in that country as feudal lords and the Buddhist hierarchy as their close associates.  

It is only 31 persons, with 16 children and 7 women, who were kept under the UNHCR care in this case at Ratmalana. They were rescued by the navy in April. Given what is happening all over the world, Sri Lankans and, particularly the Buddhist monks, should have a more compassionate attitude on the refugee question and other human issues, but this is prevented because of their unbridled narcissism. How come they are so backward, narrow minded and selfish? These are the broader issues that I am raising in this article. Is it lack of education, awareness, knowledge about the international affairs or Metta?     .

As reliably reported, Sinhala Ravaya was the main organization behind the violent protests on 26 September against Rohingya asylum seekers. Sinhala Ravaya is one of the brotherhood organizations of the Buddhist extremist ‘969 Movement’ led by Ashin Wirathu in Myanmar. They were behind many provocations and violent atrocities against Rohingyas. Wirathu was even sentenced to 25 years imprisonment in 2003, but released in 2011.   

It is quite inhuman that one organization chase a particular group of people from one country, and when they come to the other country, the other organization protest against them violently. As both organizations are led by some Buddhist monks, serious questions arise about the Buddhist Sangha, no social analyst could easily ignore.

Broader Issue

Why Buddhist Sangha are so extremist on religious, ethnic, political and social issues? Is it possible to ignore the tendency as limited to some Sangha? Then why many others and particularly Mahanayakas are silent? Or have they ever stood for any democratic or progressive cause?

There is no question that almost all religions have extremist and violent tendencies. This is why some philosophers (i.e. Karl Marx) have criticised religion in general, and people in many democratic countries have become non-believers or secular. It has been a common phenomenon in premodern societies of all countries, that religion was used by authoritarian rulers as an instrument of ideological control. That is how religion and state became closely linked to each other in addition to feudal links. Therefore, the separation between the state and religion was considered a necessary task in democratic transformation.  

If religion can serve a purpose in spiritual harmony, then it can also serve a purpose in social and political harmony as well. That is what Dharmasoka intended in promoting Buddhism and introducing Buddhism to Sri Lanka. His edicts are very clear on this subject. However, for various historical reasons the purpose has become almost upside down or Sangha have placed Buddhism on its head. It is extremely doubtful whether these protesting monks have any harmony!   

In observing extremist tendencies and violence in Sri Lanka, Myanmar and Cambodia, the present author previously raised the question whether Theravada Buddhism has a tendency towards extremism and violence, associated with ideological sectarianism? The article was titled ‘Some Questions About Violence and Theravada in Buddhism.’ In that article what was not discussed were the social bases of Sangha’s conservatism and, one may say, reactionary tendencies. These social bases are primarily feudal and those are the profound reasons why these Sangha and most of the Mahanayakas are resisting necessary social and political change in the country today.  

One may ask the question, what is the connection between the recent Sinhala Ravaya protest and feudalism? The connection is via the type of ‘nationalism’ that Sinhala Ravaya, Ravana Balaya, the BBS and many others are advocating. It is not the type of ‘nationalism’ that the modern era witnessed (modern nationalism), or scholars like Earnest Gellner (‘Nations and Nationalism,’ 1983) or Eric Hobsbawm (‘Nations and Nationalism since 1780’) identified; uniting economies, different communities, liquidating feudal order and giving priority to the citizens. It may be ‘imagined communities’ to a large context, given the fact that most of the other feudal elements are now liquidated. However, it is out and out feudal and archaic in ideological terms.

Feudal Roots

Can there be any doubt that Thri-Nikayas are the continuously remaining feudal institutions in Sri Lanka? Some of the other Maha Viharas (big temples) must have changed; some continuing from the landed feudal roots, and others thriving through donations and commercial ventures, but mentality and practices primarily being feudal.

This is not to underestimate the progressive and enlightened role that some of the modern educated Sangha have played and still playing in the socio-political sphere. A particular mention should be mentioned about the Vidyalankara group in the Left movement in the 1930s and Ven. Udakandawela Siri Saranankara. Ven. Walpola Rahula Thero also played a major role in emphasising the philosophical side of Buddhism against ritualistic orientation. ‘What Buddha Taught’ written by him is one example. I was privileged to be recruited to the Vidyodaya University in early 1969, as a lecturer, under his Vice Chancellorship, and interviewed by him.

There was no question that under colonialism, the Buddhist Sangha had to undergo enormous difficulties and even humiliation. However, that is not a reason to go back to the feudal age or feudal nationalism after independence. When SWRD Bandaranaike stepped into nationalism in 1930s, although he thought it would be ‘modern,’ he himself invoked the ‘Genie.’ Although he wanted to rally the poor and disadvantaged Sangha, under his five constituency movement (Sanga, Veda, Guru, Govi, Kamkaru), those who took over the control were the feudal hierarchy, and they still try to control the state and politics.

When Bandaranaike wanted to give reasonable use for Tamil language (it was too late of course), who opposed? Who forced him to tear off the BC Pact? Who conspired and assassinated Bandaranaike? What is not so known is the Sangha opposition to the land reforms that Philipp Gunawardena spearheaded. Finally they were spared from the land reforms then, and thereafter under Mrs. Bandaranaike under pressure. This is how the feudal power of Maha Sangha kept intact. Therefore, there is no doubt why they are so conservative and resistant to change and wanted to control the state and politics. This is nothing personal, but institutional and structural, however they are responsible for their conservative and parochial ideas.  

This is not peculiar to Buddhism or Buddhist organization/s in Sri Lanka. This was the same in feudal Europe, Christian monasteries and abbeys possessing land and controlling the state and politics. However, this became largely changed through reformation and also democratic and parliamentary reforms. However, this remains still the case in some Buddhist countries. Sri Lanka is one and Myanmar is another. In the case of Thailand, the Buddhist Sangha also constitute a feudal remnant or force other than the Throne. Klumsuksa Itsara and Sulak Siwarak have revealed these feudal forces in their works, ‘Tearing Off the Mask of Thai Society’ (1981) and ‘The Unmasking of Thai Society’ (1984), respectively. They are Thai writers and not Westerners!  

Even in China before the revolution, the Buddhist and Daoist monks were linked to feudalism, particularly through landlordism. Instead of reform, they were unfortunately controlled or suppressed. Dalai Lama became escaped and he himself has become reformed fortunately. He was one of the first to condemned or disapprove the treatment of Rohingyas in Myanmar. A similar suppression to China happened in Cambodia under Pol Pot, quite distortedly. While Buddhism is now resurrected, the monks are not allowed to enter into politics and even debarred from voting. Sri Lanka or even Myanmar should not go to that extreme, but refraining them from politics might be useful.  

What Can be Done?

It should be admitted that the prominent Sangha influence in politics at present is detrimental to the democratic process and progress. Not all, but some are playing a dubious role quite harmful to peace and harmony in the country. There are others who are ‘taking fire under water.’ I am using a Sinhala idiom.

Take for example what particularly Asgiriya Nikaya is saying about a new constitution. It is not only about preserving the foremost place for Buddhism in the constitution. They are trying to dictate terms on all other matters and on devolution. My previous article on the subject was ‘Is There a Sangha State Behind the State?’ Is it acceptable in a democratic country, in the 21st century, to keep the minorities under the yoke of the majority rule and/or religion like in Myanmar? The Sinhala Ravaya attacks on Rohingya refugees are only another tip of the ice burg. The other issues underneath are more profound.

In symbolic terms, if the foremost place is preserved for Buddhism as a historical recognition, that can be acceptable. However, the present attempt is to link the State more closely to the Sangha. A link is already there through the Ministry of Buddha Sasana and the Vihara Devalagam Ordinance which is the feudal link. Even this can be acceptable, if the Sangha refrain from hegemonic dominance in politics.

One advantage in possible deconstruction of the situation is the most sophisticated philosophy in Buddhism. It is not only about Metta (compassion) or Karuna (kindness), but also about critical questioning of all what the controversial Sangha says and the feudal privileges that they unjustly entertain. This is about the application of Kalama Sutta. What I have not discussed here is the apparent unbridled narcissism that marks the ideology and behaviour of Sinhala Ravaya, Ravana Balaya and Bodu Bala Sena, leaving it for another day.