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President's Fund not managed properly-AG
By Chandani Kirinde
The reports of the Auditor General (AG) on the accounts of the President's Fund for 1998 and 1999 have pointed out several shortcomings in the fund's operation and said that proper supervision was needed in granting new funds.

The AG's annual reports from 1994 to 1999 were presented to Parliament last Monday after a lapse of six years.

All six reports stated that attention had not been paid to prepare a budget and make use of it as an effective instrument of management control of the Fund.

Some of the areas in need of special attention were in the utilisation of funds, granting of loans and collecting repayment and proper supervision of the grant of funds to religious places, where several instances were observed of the same person applying twice and approval being given.

The 1998 report states that when such instances of the grant of funds to certain religious institutions were detected, payments had been stopped on 14 occasions.

Among the outstanding debtors to the Fund are the National Housing Development Authority whose loan balance as at end December 1999 stood at Rs. 195 million and the National Film Corporation with an outstanding balance of Rs. 3 million.

According to the loan agreement with the NHDA, the loan should have been repaid from 1991 at Rs. 25 million per year. But of the loan interest amounting to Rs. 147,156,164 due as at December 31,1999, only a sum of Rs. 20 million had been received even up to August 2001.

In the case of the Film Corporation, out of the interest free loan of Rs. 10 million granted in 1989, Rs. 7 million had been paid up to 1993. The balance has not been paid since then.

By December 31,1999, the Fund stood at nearly Rs. 300 million, according to the AG's report.

Anti-biotics overused in private sector
One of Sri Lanka's top pharmacology experts said yesterday the only way to ensure regular access to quality medicines at affordable prices to all was through the formulation of a national drug policy based on the concept of essential drugs.

Dr. K. Balasubramaniam, former senior lecturer in pharmacology and now Asia-Pacific consultant for Health Action International told a meeting of the Sri Lanka Medical Association that the national drug policy should be a component of a national health policy.

Dr. Balasubramaniam said there was clear evidence of irrational and uneconomic use of medicine in the private sector of Sri Lanka. As one example he cited the use of the popular anti-biotic Amoxycillin. Though the private sector in Sri Lanka caters to only about 5 percent of the warded patients and about 50 percent of the outpatients, Amoxycillin or its expensive branded version to the value of Rs. 371 million was prescribed in that sector last year, while the public sector, which caters to 95 percent of warded patients prescribed this anti-biotic to the value of only Rs. 121.23 million.

The theme of the meeting organized by the drugs committee of the SLMA and attended by top doctors was 'Quality Drugs at Affordable Prices.'

"The concept of essential medicines is that a limited range of medicines selected to meet priority health needs would lead to better health care, better drug management, better use of financial resources and thereby greater access to quality medicines at affordable prices," Dr. Balasubramaniam said.

He said the Expert Committees of WHO had repeatedly reiterated that rational use depended heavily on selecting essential drugs that reflected the best combinations of efficacy, safety and comparative cost-effectiveness. The selection should be evidence-based and free from commercial influences.

"Sri Lanka may consider using the new procedures introduced by WHO this year aimed at establishing a model selection process for updating its Model List."

Limited list of essential drugs and national drug policies are not new to Sri Lanka. It was Sri Lanka that gave the WHO and the World the concept of essential drugs when the late Prof. Senaka Bibile, introduced pharmaceutical reforms in 1972-76.

WHO has spread the message to the world. By the turn of the millennium, over 100 countries had national drug policies, 156 countries have national or provincial essential medicines lists, 135 countries have national treatment guidelines and/or formulary manuals, at least 88 have introduced the essential drug concept into medical and pharmacy curricula.

The Guide to Good Prescribing has been translated into 18 languages and adopted by teaching institutions through the world; generic competition is encouraged in scores of countries.

"It is quite clear from all available evidence and analysis, that the only way to ensure quality drugs to all at affordable prices is for Sri Lanka to formulate and implement a national drug policy based on the concept of essential drugs. This must be accompanied by the introduction and enforcement of appropriate health legislation so that the national drug policy will apply to both public and private health sectors," he said.

Law on FR violations modified
By Laila Nasry
The wife of a person tortured to death was allowed by the Supreme Court to file a fundamental right application on his behalf, which in effect modified the law on FR violations.

Previously action could only be instituted by the person aggrieved or an attorney-at-law on his behalf.

In the majority order delivered by Justice Shirani Bandaranayake with Chief Justice Sarath N. Silva agreeing it was held that when there is a causal link between the death of a person and the process which constitutes the infringement of such a person's fundamental rights any one having a legitimate interest could exercise that right under Article 126 (2) of the Constitution.

Court stated that the Constitution guaranteed freedom from arbitrary arrest, detention and torture (Article 13(1), 13(2) and 11) and consequently the deceased detainee Lasantha Jagath Kumara had acquired a right under the Constitution to seek redress in the event of a violation.

Court further stated that it could never be contended that the right ceased and would be ineffective due to the intervention of the death of the person, especially in circumstances where the death in itself is the consequence of injuries that constitute an infringement.

"If such an interpretation is not given it would result in a preposterous situation in which a person who is tortured and survives could vindicate his rights in proceedings before this court, but if the torture is so intensive that it results in death, the right cannot be vindicated in proceedings before this court," it was held.

Lasantha Jagath Kumara was taken into custody on June 12, 2000, produced before a magistrate on June 17 and handed over to the Remand prison, Kalutara. At the time he was brought to Kalutara he had made a statement to one of the Prison officials that he was assaulted by 10 officers including the 2nd and 3rd respondent, OIC Payagala Inspector Wickremaratne and Ananda also of the Payagala police while in their custody.

The post mortem report states that Jagath Kumara (23) died of acute renal failure due to injuries sustained on his head, body, arms and legs.

Second neuro surgical unit for Kandy
A second neuro surgical unit has been opened at the Kandy General Hospital which is expected to reduce the number of cases referred to Colombo.

The number of cases referred to the Colombo National Hospital from the Central Province and surrounding hospitals is expected to be cut down by one third with the setting up of the new unit.

Kandy being a central point, the neuro surgical unit will be effective in serving patients from all over the country instead of them being sent to Colombo.

The unit has been set up in the building originally set aside for cardiothoracic surgery. However, due to the absence of a surgeon, the unit remained closed for nearly three years. The Health Ministry has now given one of the three floors set aside for cardiothoracic surgery to be turned into a neuro surgical unit. The other two floors remain closed.

The new unit can accommodate 24 beds, one theatre and three ICU beds. This unit is to be further expanded with time.

Slow progress in private bus streamlining
By Nilika Kasturi- singhe
Despite the government calling for the private bus owners to join together and form companies to facilitate route management, progress made is extremely slow, Transport Ministry sources said.

It is doubtful whether the February 28 deadline will be met, a senior official in the Ministry, M. Susiriwardena said.

The Government's call to form these companies is to ensure that commuters have a late night bus service as well as an off-peak service. The government would issue the timetables for the running of bus services.

This move is expected to reduce the cut-throat competition on the roads and thereby accidents.

Depending on the commuter frequency on a particular route, positive payment or negative payment will be made to the government, Mr. Susiriwardena said.

The government can take steps to fine, warn and cancel the route permit of company owners who do not fulfil requirements.

Meanwhile, the Lanka Private Bus Owners Association President Gemunu Wijeratne warned that if VAT was to be charged from private bus owners, they would be forced to hike bus fares from January.

However, the all island private bus strike scheduled for December 16 was called off following the Ministry conceding three of the four demands made by the association.
They were that unfair fines will be stopped, excess buses will not be brought in and the government will not act as guarantor for the private company that bought 39 percent of the shares of six cluster bus companies. The fourth demand was to not impose VAT on the private bus sector.


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