• Editors laud SC ruling on censorship
• Censorship illegal, says Supreme Court
• SC judgment strengthens democracy, says CPJ
• Sangha Sabha takes tough stand on reforms package
• Right of reply
• No power cuts
• Child welfare organisation undeterred by attack
• Unions stall Postal Bill
• Mining project undermines locals
• Modernisation, efficiency aim of the Bill: Govt.
• Bear our burdens
• Phone links with Jaffna again
• 39 killed in Welioya clash
• Mixed views on the PA-UNP consensus
• Essentials become luxuries as cost of living soars
• 'Just like a flower, I'm growing wild'
• Bomb blast victim faces Shylock
• Rare species becoming rarer: official
• Effective barriers for level crossings
• Kissing the fire
• Questions over voters' lists and Grama Niladharis
• Colombo varsity registers drop in Asiaweek rankings
• Goodies on the way for triplets
• Search for an alternate party - Countdown
• At the expense of the poor
• Japanese firm out of Eppawela?
• Tamil gang connection in Sandy's death

Editors laud SC ruling on censorship

The Editors Guild of Sri Lanka has hailed the Supreme Court decision declaring the Competent Authority actions on censorship illegal.

The full statement follows;

"The Editors Guild of Sri Lanka hails the verdict of the Supreme Court today declaring the actions of the Competent Authority on censorship illegal, and thereby lifting the ban on Leader Publications Ltd., and effectively, Uthayan Publications Ltd.

The judgment vindicates the confidence placed by the citizenry in the independence of the judiciary of our country.

The Editors Guild has consistently urged the government to refrain from violating tenets of freedom of expression and freedom of the press enshrined in our constitution and accepted under international protocols and covenants, most recently, the Warsaw Declaration on democracy to which Sri Lanka is a signatory.

The Guild maintains that the interpretation of Section 14 of the Emergency Regulations of 3 May 2000 relating to newspaper censorship was arbitrary, discriminatory, unfair, contrary to law, was politically motivated and counter to national interests.

The Editors Guild of Sri Lanka reiterates its avowed position that the government takes the media into its confidence especially when dealing with the subject of war-related news as is done in liberal democracies, rather than go on a vindictive persecution of the free press of Sri Lanka merely because it does not conform to the Government's dictates.

Censorship illegal, says Supreme Court

A two month old blanket censorship has ended abruptly with Friday's Supreme Court ruling that its enforcement was illegal.

In a landmark judgment the Supreme Court on Friday dealt a blow to the Government when it held that the censorship imposed by the government for the past three months was illegal.

The judgment follows a fundamental rights application filed by the Sunday Leader challenging the Competent Authority Ariya Rubesinghe's order to seal the printing press of the newspaper group in May.

The Supreme Court bench comprising Justices A.R.B. Amerasinghe, R.N.M. Dheeraratne and Ameer Ismail unanimously held that the order issued by the CA prohibiting the printing, publication and distribution of the newspaper for six months was illegal, and that the newspaper's printing press be restored to them forthwith.

The court also ordered that the state pay The Sunday Leader Rs. 100,000 as costs within two months.

The court pointed out the Emergency Regulations did not identify who the Competent Authority should be. 'As we have seen, the "Competent Authority" and other person or authority for the purpose of each regulation in the Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2000 have been identified except in the one case of the "Competent Authority" for the purposes of regulation 14' i.e. the censorship. Court also noted that 'the President may not do as she or he may will, for appointments must be made in conformity with the provisions of law'.

The court held that in terms of the gazette of the Emergency Regulations of May 3, 2000, the President was not empowered to appoint a CA to impose the censorship. As such the appointment of the CA and any actions by him after his appointment with regard to the censorship are illegal.

With regard to the sealing of The Sunday Leader press the bench held that the CA was not entitled to make the orders he did, for he was not empowered by the regulations to do.

The IGP was directed to restore forthwith to the petitioner possession of the printing press and any equipment or premises which may have been taken possession of.

The judgment comes in the wake of an announcement by the Government that it would lift the ban on The Sunday Leader from July 31 instead of November as earlier directed and this week's announcement that the Government is considering amending the censorship regulations.

The Supreme Court's judgment on The Sunday Leader has been welcomed both locally and internationally.

Free Media Movement Convenor Waruna Karunatillake said: "We are pleased with the judgment, that the Supreme Court has taken a stand like that and we hope that the government would take it in the right spirit".

UNP MP Tyronne Fernando said this proved the incompetence of the government and that they were pleased with the independent judiciary system.

The UNP in a statement said judgment has proved to the people that the government's action was wrong, the statement further said.

The Foreign Correspondents Association saw this move as a good development. "We are happy for our Sri Lankan brethren, now that they can carry out their work without any impediment," the Associations President K.J.M. Varma said.

"I believe that the Government appointed the Competent Authority in a rush and muddled it," Vasudeva Nanayakkara of the United Left Front said. He said that this had led to the regulations not being properly framed. "This is a great blessing for the free media and the democracy of this country," he said.

The Editors Guild of Sri Lanka and the Committee for the Protection of Journalists (CPJ) also issued statements welcoming the Supreme Court decision.

SC judgment strengthens democracy, says CPJ

The Supreme Court's ruling on Friday that the censorship was illegal was hailed by the Committee to Protect Journalists.

In a statement, the CPJ says:

"The Committee to Protect Journalists (CPJ) applauds Sri Lanka's Supreme Court ruling on Friday that the government's system of news censorship is illegal, and that the decisions of the chief censor therefore have no force in law.

"A unanimous three-judge panel delivered the verdict in response to a petition brought by the Leader Publications group, challenging the censors decision to shut down its English language weekly newspaper, The Sunday Leader. The court ruled that because of the chief censors appointment had not been submitted to Parliament for review within seven days, as required by law, his decision to shut-down the Leader was 'nullity, and of no force and availing law'. The judges also ordered the state to pay the Leader group Rs. 100,000 in court costs."

"We congratulate journalists in Sri Lanka for taking every opportunity to challenge this outrageous censorship measures" said Ann Cooper, CPJ's Executive Director. "The Supreme Court ruling is proof of the strength of Sri Lanka's democracy and demonstrates that the independent judiciary there can and will stand up for media freedom and the rule of law".

After Friday's Supreme Court decision, the Department of Information promptly suspended its censorship operations but issued no formal statement in response to the judgment, according to CPJ's sources.

Last month, CPJ sent an emergency delegation to Colombo to discuss the censorship issue with government officials and local journalists. The delegation consisted of CPJ Board Member Peter Arnett, a Pulitzer Prize winning war correspondent for the Associated Press and CNN; Kavita Menon, CPJ's Asia programme co-ordinator; and A Lin Neumann, CPJ's Bangkok based Asia consultant. Government officials assured the delegation at that time that they were aware that censorship was "counterproductive", and were looking for ways to move away from the policy.

Although the government could yet issue a fresh censorship order that complies with the legal requirements, this is unlikely in view of promises made by administration officials to the CPJ delegation that censorship regulations would be lifted by mid-August, in advance of Parliamentary elections.

Even without censorship, coverage of the civil war is extremely limited by the government's refusal to grant journalists regular access to the conflict areas. CPJ is currently working with Sri Lankan officials and local journalists to establish some mechanism that would allow journalists to cover the civil war without further hindrance.

Sangha Sabha takes tough stand on reforms package

By Shelani de Silva

The Jathika Sangha Sabha and Sinhala organisations have requested an appointment with President Chandrika Kumaratunga to discuss the proposed constitutional reforms.

The Sunday Times learns that the Mahanayakas too have requested an appointment along with the Sangha Sabha and the Sinhala organisations.

If President Kumaratunga grants an appointment two main issues will be discussed — the new constitution and the legitimacy of presenting the package at the tail end of the tenure of Parliament.

Last week the Jathika Sangha Sabha accused the Government of not consulting the Sinhala organisations when drafting the new constitution.

The Sangha Sabha charged that the Government had failed the Sinhala people and called on the Government not to present the package to Parliament.

Ven. Madihe Pannaseeha called on the people to carry out a campaign in villages asking people not to cast their vote if the Government presented the amendments in Parliament.

The Mahanayake called on the Sinhala organisations to go to the villages and carry out the campaign.

Right of reply

Jaffna Government Agent K. Sanmuganathan referring to a story in The Sunday Times last week has sent following reply:

Reference the news item which appeared at page four of the Sunday Times of the 25th June, I wish to inform you that the news item is factually incorrect. The message purported to have been sent by additional Commissioner General (CGES) on the 14th instant was received by me only on the 17th and this message was sent through the "City of Trinco" passenger vessel which arrived in Jaffna on the 17th and not through ICRC as stated in your report.

The date of arrival of this ship in Jaffna could be verified from the authorities concerned, As Head of the District I have been consistently assisting the farmers of Jaffna to market their produce in Colombo for the past three years, a fact which could be verified from officials in RRAN and the records available in that office.

I was in Colombo when this news item was published and the correspondent could have checked the accuracy of this information. At least this courtesy should have been extended to me as Head of the district ,

I agree that the farmers rights have to be protected and that too at all times but had your correspondent taken the simple precaution of checking the credentials of the informant he would have realised that the information has been provided not by any member of the Farmers Organisation but by those who belong to the class of "Agents and Middlemen" who exploit the poor farmers and thrive on their misery.

I shall be grateful if information received from various sources are checked for their veracity before publication as this would to a great extent smoothen the stress and strain under which Public Servants in Jaffna function during this difficult period. This may be published in your next issue.

Our reporter says: ICRC spokesman Harsha Guna-wardena confirmed that the message concerning the instructions to the GA had been radioed to Jaffna to be conveyed to the GA on the same day they received the letter - June 14.

Mr. Gunawardena said there was no reason to delay such request, given the importance of the message.

The message sent by the Additional Commissioner General of Essential Services to the Chief of Delegate of the ICRC said; 'I shall be very much thankful to you if you would kindly pass the following message to GA Jaffna.'

'There are requests for local producers of Jaffna to transport Jaffna products and miscellaneous item by MV Mercs Kumana'. Please make arrangements for loading and inform the farmers/shippers accordingly'.

Asoka Karunaratna, Operations - Executive of the Sri Lanka Shipping Corporation Limited said soon after they received a letter from the CGES on June 9 he had informed the captain of the ship, Dudley Dissanayake about the directive.

Captain Dissanayake in turn had re-confirmed the message and made necessary arrangements for the shipment.

Captain Dissanayake when contacted by The Sunday Times confirmed he had received the message from Mr. Karunaratne as well as a separate message on the same issue by the northern Naval Commander.

He said that after unloading the cargo they were awaiting for the loading of the local products on June 14, but the OIC of the Point Pedro jetty, Mr. Sivalingam had called over and informed that the local farmers cargo was not ready and to sail back to Colombo.

Mr. Sivalingam had said he was acting under the instructions of the GA.

The GA's claim that no attempt was made to contact him while he was in Colombo is also inaccurate. We contacted him on the mobile phone and a person claiming to be his driver answered and said that the GA was at a meeting.

No power cuts

By Uthpala Gunethilake

The Ceylon Electricity Board (CEB) has ruled out imposing power cuts in the near future.

"There is no need for power cuts in the near future", said Ceylon Electricity Board (Transmissions) Assistant General Manager D. G. D. C. Wijeratne on Friday.

He said that since the water levels in the catchment areas have risen with the recent rains, the capacity for hydraulic power which was 283 million units at the beginning of the week, increased to 302 million units by Friday.

This capacity is enough to produce hydro-power for at least another six weeks, he said.

Child welfare organisation undeterred by attack

By Hiranthi Fernando

It is business as usual at the Save the Children Fund despite the recent grenade attack on their office at Horton Place. 'We had a meeting on Tuesday after the grenade was thrown and it was agreed to carry on with all our programmes. Nothing has been stopped', said Pauline Taylor-McKeown, Sri Lanka Programme Director of Save the Children U.K.

Ms. Taylor-McKeown said a grenade had been thrown over the high wall of the office premises, on Tuesday morning, damaging one vehicle. The previous day, they had just completed the Save the Children Week, which is part of their campaign to raise public awareness that violence affects all children.

'Two security guards were on duty at the time. Fortunately the grenade struck a tree. The guards were shaken but not injured' she said.

'Attacking a humanitarian organisation is very disturbing', Ms. Taylor-McKeown said.

'It seems to have been some kind of a message for us. There has been speculation in the press as regards connections with Norway. She explained that Save the Children Fund U.K. and Save the Children Fund Norway, are both members of the international body, Save the Children Alliance and share the same office premises. I assure you categorically that Save the Children Norway has no connection with any role the Norwegian Government is playing as mediators here in Sri Lanka. We are a humanitarian organisation with no political or religious affiliations. As Save the Children Alliance, we have to remain impartial and neutral at all times', she said.

Save the Children Alliance works with children in all areas of the country, including those affected by conflict. Based on the Rights of the Child, the organisation works towards achieving a better life for children.

Speaking of the recently concluded campaign, Ms. Taylor-McKeown said the key message was that all Sri Lankan children are affected by violence.

'The campaign has raised public awareness and debate, and has been very successful', she said.

'There was dialogue with the public on important issues. We have distributed 200,00 flyers, 320,000 safety pins, about 2500 information packs and 6000 activity packs for children in all three languages. We have had to reprint the material to meet the demand' she said.

Ms. Taylor-McKeown was extremely puzzled about the reasons for the attack.

'We are an international humanitarian organisation. We are here as guests of the Government and we report to the Government. Several ministries have helped with the distribution of campaign material and been very supportive' she said.

They have to take the attack seriously, she said.

'Between us, we have 50 people working here and I am responsible for security. Although the Save the Children Alliance is continuing with all its work, as its Representative, I have to be aware that instances of this nature do concern our donors. They would ask questions. Save the Children UK, is funded by the British Government and private citizens, as well as by grants from other European countries. The Norway branch is similarly funded. Ms. Taylor-McKeown said the organisation has so far not considered pulling out or curtailing their work in any way. The Police are investigating the attack and they would act on the advice of the Police on matters concerning their security.

Unions stall Postal Bill

By Faraza Farook and Nilika de Silva

Postal trade unions say they are compelling the Government to withdraw the Postal Bill with a view to preventing an increase in postage costs and ensuring the job security of 24,000 employees.

After a meeting with officials of the Posts Ministry and the Post Master General, trade unionists said they had decided to continue the work-to-rule campaign until the Bill was removed from the parliamentary order book.

The amended bill was scheduled to come up in Parliament on June 22 and again on July 5, but following trade union action by the five main unions, comprising more than 19,000 members, this move was stalled.

"The Postal Department should be developed further, but there is no need to make it a Corporation", Union of Posts and Telegraph Officers President M. A. Shantha Kumara said.

He said the move to tranfer the department into a corporation was linked to government efforts to get a loan from the World Bank.

Mr. Shantha Kumara said once the transformation took place, the minimum postal charge could go up to Rs. 20 because the authorities claimed that it cost them Rs. 20 to deliver a letter though they charged Rs. 3. 50.

He also claimed that the bill was aimed at politicisation of the department and retrenching of the cadres.

Meanwhile, the Bill brought about opposition from political parties which expressed concern about the overall impact it would have and raised doubts about its effectiveness.

UNP spokesman Karunasena Kodituwakku said the party was against the bill in principle as it allows the Minister to appoint the Board of Management, opening the doors to political interference.

Sri Lanka Posts and Telecommunications Services Union, Treasurer V. Vivekanandalingam said he believed the draft bill would allow the entry of private firms into the postal service with work such as transportation of mail, and selling of stamps being handed over to them.

Mining project undermines locals

By Dilrukshi Handunnetti

A massive graphite mining operation in over 100 acres of prime land at Welankatuwa in the Elahera electorate has triggered off a wave of protests from residents as outsiders are allegedly reaping all benefits.

Two local bodies are also at loggerheads over the same issue.

Sources told The Sunday Times that the Attanagalla Pradeshiya Sabha had acquired the right to mine the Welankatuwa graphite deposits overriding requests from the Elahera Pradeshiya Sabha and three other rural development organisations.

At present, a Kadawata based private company-Ranjai Mica Exports- has entered into an agreement with the Attanagalla PS and has commenced mining operations. The mining project which commenced a few months ago has earned the ire of the people as the benefits of the project are being denied to the people of the area.

Elahera Pradeshiya Sabha chairman G.H. Hinduran-galage said that it would have been more acceptable to the people if the Elahera PS or any one of the three rural development organisations were permitted to mine instead of issuing the permit to a total outsider through the Attanagalla Pradeshiya Sabha.

"The mine itself is in the Elahera pradeshiya sabha area and should have rightfully benefited the people of the area. This controversial issuing of the permit has caused much dissension among the villagers who looked forward to an opportunity to generate employment and improve their economy" he said.

"Workers are from Attanagalla though the mine itself is here. People are opposed to this but have no say in the matter" he said, adding that the contractors and sub-contractors have even lodged police complaints against him personally for alleged intervention in the project.

Meanwhile, an angry PA parliamentarian requesting anonymity said that the entire thing was unfair as the Attanagalla PS earned the right to mine owing to a VIP's influence.

"The project is good, and we could give employment to at least 100 persons. But now we have a situation where the contract has gone to some other PS and Attanagalla people are employed in Elahera. This is a comedy of errors" he remarked.

In this backdrop, the Attanagalla PS chairman Hemachandra Pathirana confirming the obtaining of the permit on behalf of a private mining company said that large numbers of Elahera residents were employed with only a few people from Attanagalla.

Modernisation, efficiency aim of the Bill: Govt.

Deputy Posts Minister M. L. A. M. Hisbullah has said that the Postal Bill is aimed at providing an efficient service to the people by transforming the Postal Department into a corporation.

"This is only a means of modernising the postal system. We want to computerise the postal delivery, introduce internet and e-mail services to improve the postal services," he said.

Mr. Hisbullah assured that no employee would lose his job and denied that the Government opted for the transformation on the advice of the World Bank loan.

"The unions will initially oppose such moves, but later they agree to the terms," he said.

Meanwhile, Post Master General S.M.S. Jayasiri said he had discussion with the trade unions and tried to allay suspicions regarding the controversial bill.

Mr. Jayasiri said:

"The Postal Department is running at a loss because it is now operating as a service-oriented organisation where the expenditure has exceeded the income by Rs. 400 million annually.

"That the restructuring of the department is the first step towards privatisation has been a point of debate for a long time. However, adequate safeguards in this regard have been included in the Sri Lanka Postal Corporation Bill which will nullify such a process.

"None of the post offices and sub post offices will be closed. The branch network of the Postal Department, which is one of the biggest assets in the Corporation, will be used to provide a diverse array of services to the consumers.

"Under the proposed postal reforms programme, the existing branch network will be upgraded to commercial centres where they will be providing services other than the standard services which are carried out by the post offices and sub post offices. The idea is to provide a much better service than the present one.

"The distribution of letters is one of the most unique services offered by the department which will be continued by the Corporation and that service has been restructured in a manner in which it would be effective even in the rural areas.

"One has to think in terms of expanding services taking into consideration, the needs of the present day.

"Arrangements have been made to recruit all the employees of the Department to the Corporation. All new employees will also have the option of being entitled to the pension scheme. However, all employees who opt out of joining the corporation, will not only get their pension benefit but also compensation as well.

"It is envisaged that following the implementation of the Postal Reforms, a new pension scheme will be introduced to match the benefits of the private sector for those employees who have not completed ten years.

"The benefits the employees will be getting as corporation employees will be better than those they enjoyed at the department.

"Arrangements have also been made to continue with the Railway warrants even after the restructuring process.

"The distribution of election related documents is the sole responsibility of the Elections Commissioner. The Postal Department does not have any responsibility in this regard."

Bear our burdens

Colombo nattamies who work from pre-dawn hours till almost midnight have formed a union to seek basic rights.

"Although we work from 4 in the morning until 10 or 11 in the night, we are paid only a relatively small amount. We are not asking for vehicles or other privileges but for a decent payment," a leader of the union said.

The nattamies are traditional workers who carry heavy baggages in market places and elsewhere.

Phone links with Jaffna again

Telecommunication services to Jaffna have been partially restored with satellite phone systems being installed, an official said yesterday.

But of some 800 calls booked on Friday, only 12 were connected. The official said they hoped to gradually improve the system which was totally disrupted with the blasting of the telecom tower in Elephant Pass in April.

He said telecom services within Jaffna peninsula were also being restored.

39 killed in Welioya clash

A clash between government troops and the LTTE left at least 39 dead on both sides in the Ethawetunuwewa area of Welioya on Friday, a military spokesman said.

An official statement said troops backed by artillery assaulted an LTTE stronghold completely destroying it and killing at least 30 rebels, including two leaders.

One officer and nine soldiers were also killed while 43 soldiers were wounded.

In a separate incident in the Jaffna peninsula eight more rebels and one soldier were killed.

Mixed views on the PA-UNP consensus

By Roshan Peiris

As the PA and the UNP reached a consensus on the setting up of an interim council for the Northeast, other parties across the political spectrum expressed divergent views on this and related matters.

JVP leader Tilvin Silva said his party was against any merger which could lead to a division of the country.

He said the LTTE had no right to claim to be the sole representative of the Tamil people. Any important move must be made with the consent of the Tamil people and not to pacify the LTTE.

Puravesi Peramuna leader Sirisena Cooray said he believed there was no need to talk to the LTTE as it was evident that it had no interest in the democratic process. Mr. Cooray said he favoured a merger of a different type where parliament would appoint an interim body to administer the Northeast and meet the needs and aspirations of the Tamil speaking people.

MEP leader Dinesh Gunawardena reiterated his party's total opposition to the merger.

Sihala Urumaya leader S. L. Gunasekera said they also were totally against the merger.

He said there must be no devolution of power or talks with the LTTE which he believed must be killed.

On the contrary TULF parliamentary group leader Joseph Pararajasingham said a merger of the North and East was an essential step towards a solution. He said the LTTE was a key player and must be associated in the talks.

On behalf of the EPRLF, Central Committee member T. Wilson said the merger was essential and his party felt there was no need for a referendum either.

CWC dissident group leader R. Yogarajan said the north-east merger was an obvious need and so was the participation of the LTTE in any talks.

ACTC leader N. Kumaraguraparan said the merger and talks with the LTTE were key factors towards a solution which should be based on the Thimpu principles.

CMU leader Bala Tampoe said he believed there could not be peace without the co-operation of the LTTE which must stop fighting. So when considering the merger, the LTTE must be associated in the talks. In addition self-determination for the Tamil speaking people must include the Muslims, he said.

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