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The policy of continously raising the taxes imposed on cigarettes, which had been adopted by successive Sri Lankan governments irrespective of their political complexion, has resulted in cigarettes becoming somewhat of a luxury item for the hoi polloi.
The people who have generally considered taxes on tobacco as sin taxes have accepted the status quo without much protest. This has enabled the government to increase the revenue coming it's way from the tobacco industry ceaselessly, without incurring the wrath of the public. Yet at a time when a cigarette in Sri Lanka costs two to three times more than in the neighbouring India and Pakistan one is tempted to question the wisdom of this policy.
Is, as some smokers are claiming, the government trying to kill the goose that lays the golden eggs by taxing the industry excessively? Furthermore have the relatively high prices of cigarettes in Sri Lanka contributed to an increase in the smuggling of cigarettes to the country?.
An Excise Commissioner in charge of revenue, stated that the illegal manufacture of cigarettes locally is at best a cottage industry. It's effect on the legitimate industry can only be negligible as it is not widespread, he said. He also poohpooed that claims made by some interested parties that even the so-called legitimate manufacturers are evading the payment of taxes by resorting to various ruses. He maintained that although such a thing might have occurred in the past, it cannot happen now as the way cigarettes are taxed has undergone a drastic change.
Earlier it was only the tobacco leaf used in the manufacture of cigarettes that was taxed and it was done by weighing them. However at present in addition to levying a flat rate of Rs. 10 per 1kg of tobacco leaves, the final product, i.e., the cigarette iteslf is taxed according to it's weight.
A visit to the factory of the Ceylon Tobacco Company (CTC) by the writer himself proved beyond doubt that these allegations of tax action are totally baseless. One of the alleged means by which taxes are being evaded by the manufacturers was by drying the tobacco leaves before they are weighed and remoisturising them to manufacture the cigarette. However as the writer found out for himself this is not possible for two reasons. One is that officials from the Excise Department whose task it is to weigh the leaves have immediate access to the leaf even inside the factory premises. The other reason is that the manufacturer stands to loose by drying the leaf as it leads to the formation of tobacco dust, which cannot be used in cigarettes.
The elasticity or inelasticity of the demand for cigarettes is an issue that is of relevance to the pricing policy on cigarettes. Michael Fenn, Chairman and Managing Director of CTC, the sole manufacturer of cigarettes in Sri Lanka, says that prices cannot be raised indefinitely without causing a reduction in the total revenue coming from the industry to the government. Mr. Fenn opined that cigarette prices have reached the threshold level. Yet some point out that the gross turnover of CTC had continued to increase even after repeated price increases. Mr. Fenn countered this by stating that the net turnover which is what the company actually gets, has increased only at a marginal rate of 6% which when adjusted for inflation is a reduction. He maintained that the volume sold had remained static over the years.
Mr. Fenn was emphatic in saying that the rising prices of cigarettes in Sri Lanka have led to an increase in smuggling of cigarettes into the country. In fact for some time the CTC has been claiming that the government loses around one billion rupees in revenue due to smuggling of cigarettes.
The non-availability of reliable data about smuggled goods from customs make any estimation of the quantum of revenue lost quite tedious. When asked as to how the company had arrived at the figure of one billion Mr. Fenn stated that it was done by making use of the sales statistics available to the company. He said that the CTC as the sole cigarette manufacturer has a lot of experience in marketing the product. It is by making use of this accumulated experience and expertise that the company estimates the quantum of cigarettes smuggled into the country, he said.
It is time that policy makers did a thorough re-evaluation of government policy towards cigarettes in view of it's effect on government revenue and the cost of living.
In recent discussions on impediments to Sri Lanka's eco nomic growth, labour unrest has been often highlighted as one of the factors. But surplus labour in many areas of employment could also be reckoned as an impediment. Excess labour could adversely affect productivity and inhibit profit generation.
"Downsizing" could be a solution to an overfull work force situation. What is "downsizing"? It can be taken as a euphemism for the retrenchment of labour, the shrinking of the workforce. In an article on "downsizing" published in the Guardian Weekly, Alex Brummer says, "in changing global economy of the last decade, the immediate refuge of any corporation failing to deliver to shareholders has been to downsize. He adds that the word "downsize" has become the mantra which many Wall Street experts argue has driven the extraordinary bull markets of the decade.
In a report by Martin Walker, also published in the Guardian Weekly, it is said that US President Bill Clinton had gathered more than 100 chief executives for a round table conference on corporate responsibility. At the meeting he had avoided challenging them on redundancies and downsizing in a period of "soaring corporate profits and ballooning executive pay." But, according to the report, Mr. Clinton had acknowledged that some of the big companies have got to downsize and had boasted of his own success at slashing the federal payroll by 11 percent. Mr. Walker observes that in the first three years of Clinton's presidency, AT & T and IBM each laid off 120,000 people, General Motors axed 100,000, Boeing shed 60,000 and Sears lost 50,000 "as giant corporations hauled themselves out of recession and back into profit."
President Clinton, says Brummer, ordered a group headed by Dr. Joseph Stiglitz, Chairman of the President's Council of Economic Advisers, to undertake a formal study in "downsizing". Brummer says that "the long-held assumption that downsizing must be a good thing for industries by sweeping away inefficiencies and improving productivity - is now being challenged."
In February and March, this year, he says, the New York Times published a seven part series "The Downsizing of America." The report suggested that since the early 1970's some 43 million jobs have been lost in the United States through downsizing. Brummer reports that Robert Studer, the Chairman of the Union Bank of Switzerland is of the view that firms that concentrate solely on the short term interests of shareholders could endanger their ability to compete and even survive, but, says Brummer, although companies need to deal with their workforces sensitively, the experience of the 1990's suggest that those economies (as in Britain and the United States) where companies have ruthlessly pursued downsizing have increased their competitiveness vis-a-vis their rivals. Moreover, Brummer observes, despite putting thousands of people temporarily on the dole queues, they have been successful in bringing down overall unemployment.
Mr. Brummer says that the Stiglitz study has reached the conclusion that the downsizing of corporate America, far from being a disaster, may have been positive for the economy. He points out that people who have lost their jobs in the 1990's have been more quickly absorbed into the workforce than those who lost their jobs a decade earlier. Downsizing has affected almost all the corporations in the upper echelons of the Dow Jones index, which have become more efficient and profitable, delivering not just job losses, but new opportunities.
What would be the position in Sri Lanka as regards downsizing? We are aware that the plantation sector and some enterprises both in the private and public sectors are faced with excess labour. The new Chairman of the Ceylon Electricity Board, Arjun Deraniyagala has in an interview with a Sunday newspaper (not The Sunday Times), observed that "anybody with responsibility will realise that we are over-staffed. We must find a solution to it". Would downsizing be the answer? Would enterprises which have surplus labour be able to downsize in the context of Sri Lanka's stringent labour laws and the government's aversion to retrenchment? Or would enlightenment dawn on the powers-that-be so much so that the labour laws would be eased and the authorities adopt a "hands off" policy in the interests of sweeping away inefficiencies and improving productivity in our plantation and industrial sectors?
Mieko Nishimizu, Director of the World Bank overseeing Sri Lanka met the Federation of Chambers of Commerce and Industry of Sri Lanka President Patrick Amarasinghe and its affiliated member trade chambers and association, this week.
The meeting was used by the FCCISL members to provide a first hand assessment of the current macro-economic situation in the country to Ms. Nishimizu, who is Director, Country Department I, South Asia region covering Afghanistan, Bangladesh, Maldives and Pakistan in addition to Sri Lanka.
Many of the FCCISL members present at the meeting expressed the view that Government and several Ministers were quite sympathetic over the concerns expressed by the private sector on the current unfavourable macro-economic situation but there had been no positive action taken to address the burning issues.
The FCCISL was represented by member associations and chambers covering sectors such as exports, manufacturing, industry, garments, tourism, packaging, construction, trading, shipping etc., and the relevant representatives expressed their opinion about how the current macro-economic situation affected growth of their respective sectors.
The World Bank officials were detailed about some of the overall issues affecting private sector led socio-economic growth. Among the issues detailed were the current power cuts and power crisis, labour laws, debt recovery laws, dumping and under invoicing, lower tariff rates for imports, high interest rates, uncompetitive exchange rate and human resource and skills development, a fat bureaucracy and unemployment. In the context of the current macro-economic situation, the FCCISL members querried from the World Bank officials as to how they expect the Sri Lanka's private sector to perform and produce economic growth.
Many of the private sector personnel expressed the view that being a socially responsible group, they were concerned about rising unemployment while at present several enterprises were retrenching staff. The World Bank officials also were told about delayed new investment and expansion plans which in turn slows economic growth. It was disclosed that several key economic sectors were in the verge of collapse owing to increasing macro-economic constraints and setbacks.
The removal of the son of the soil who tried to be enterprising has sent shockwaves among the banking community.
But then, old bankers don't even fade away - they just set up another bank!
So, no sooner the dust settles on the enterprising episode than he may want to float another venture, we hear. Wan't to put up some capital, anyone?
More on banks: Despite all the denials, it seems that the worldly bank still wants - our major banks sold off.
But Satellite, who must take the final decision, is unmoved.
Privatisation has brought enough woes, she feels, so whatever other banks might say, OUR BANKS WON"T be sold and that decision appears final.
The ban on domestic commercial flights continues - despite allowing flight for training purposes.
For at least one commercial flight operator, this is the last straw.
They will now shift operations to another location - and Madras, the Maldives and Malaysia ARE ALL destinations being considered.
The year ended March 31, 1996 was not favourable for the Asian Cotton Mills Ltd.
According to the company's provisional financial statement its turnover decreased by 27% from Rs. 257.9 million to Rs. 187.5 million. However, the company incurred a loss of Rs. 15.9mn for the period under review as against Rs. 8.8 profit for the previous year. The loss was Rs. 18.3. As a result, shareholders funds were reduced from Rs. 125.5 to Rs. 107.2.
Sathosa Motors Ltd., has shown favourable financial results for the year ended March 31, 1996 according to the unaudited accounts.
The company's turnover was up by 31% from Rs. 516.7 million to Rs. 678.4 million. The profit before and after taxation increased by 28.7% and 26.9%. This led to an increase of shareholders funds from Rs. 145 million to Rs. 189 million.
The Commercial Bank has reported a turnover of Rs. 699.2 million for the three months ended March 31, 1996, according to their interim accounts statement. This is an increase of 18.7% over the previous year's figure for the same period.
The profit before taxation was up by 6.5 from Rs. 118.7 million to Rs. 126.4 million. However, the post tax was increased by 8%.
The Balance Sheet as at this date shows a Rs. 633.3 million increase of shareholders funds.
The provisional accounts of the Overseas Realty (Ceylon) Ltd., reported a net loss of Rs. 26.2 million for the 9 months ended March 31, 1996. As a result the company's retained profit dropped from Rs. 194.9 million to Rs. 168.7. Correspondingly the shareholders' funds also reduced from Rs. 762 million to Rs. 735.8 million.
Despite the disappointing performance, Hayleys Photo Print Ltd., has recommended 15% dividend to its shareholders for the year ended March 31, 1996.
The Company's turnover decreased by 2% from Rs. 188 mn. in the previous year to Rs. 184 mn. Profit before tax decreased by 53% from Rs. 15.3 mn. to Rs. 7.3 mn. Profit after tax decreased by 57% from Rs. 9 mn. to Rs. 3.8 mn. EPS (after extra ordinary item) dropped from Rs. 6.01 to Rs. 2.29.
Union Assurance Ltd., has reported Rs. 282 million gross premium written for the 3 months ended March 31, 1996, according to their provisional accounts. This is an increase of 15.3% over the previous year's figure for the same period.
The profit before taxation dropped by 2.7 while profit after taxation increased by 1% as there were no provisions for taxation for the period under review.
The provisional results of CT Land Development Ltd., for the year ended March 31, 1996, shows favourable performance over the previous year.
The company's turnover was up by 97.7% from Rs. 51 million to Rs. 101 million. Pre and post tax profits increased from Rs. 20.6 million to Rs. 45 million, registering an increase of 125% as the company's profit from property development has been exempted from income tax.
The profit before tax as a percentage of share capital was 13.8% as against 6.3% in 1995.
Siedles TV Industry Ltd., has reported 57% decrease of turnover from Rs. 48.7 million to Rs. 20.7 million. As a result the company incurred a trading loss of Rs. 199, 569 as against Rs. 5.16 mn profit in 1995.
However the company was able to earn a pre tax profit of Rs. 385,417 because of other income. Post tax profit dropped by 95%.
The interim report of Lanka Orix Leasing Company Ltd., for the quarter ended March 31, 1996, shows 8.5% increase of turnover from Rs. 434.8 m to Rs. 471.8 m. Increase of pre-tax and post-tax profit was 6.6% and 3.7% respectively.
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The Editor's appeal against the interim order of the High Court goes to Supreme CourtPetition to Supreme Court
1. The Accused Petitioner (Hereinafter referred to as the Petitioner) was indicted before the High Court of Colombo on two counts:
The first count was that he did by publication in the Sunday Times newspaper of 10th February, 1996 of words that were intending to read, namely, the following words that appeared under the heading Anura: sooting says courting days are here:-
"Therefore, lets start at the top, a party graced by non other than Her Excellency the President, Chandrika Kumaranathunge. The occasion was the birthday party of Liberal Party National List MP Asitha Perera (Well Mudliya Chandrika how?). The place was Mr. Pereras permanent suite at the 5 Star Lanka Oberoi. But this time the President was more circumspect about her appearance and used the rear entrance of the hotel, watched by a phalanx of security guards and myself
She spent about 90 minutes at the party, from about 12.30 in the heat of the silent night until 2.00 a.m. and, as for what she ate, we assure you; it was not food from the Hilton. The reading public now has a fair idea of its first citizens epicurean tastes. But what of her estranged brother?, published such imputation regarding Her Excellency the President of the Democratic Socialist Republic of Sri Lanka, Chandrika Bandaranayake Kumaranathunga, with the intent to harm her reputation or while knowing or having reason to believe that such imputation would harm her reputation and that he had thereby committed an offence punishable under section 480 of the Penal Code.
The Second count which was framed in the alternative to the first count was that the imputation about Her Excellency the President Chandrika Bandaranayake Kumaranathunga was made by the publication of the words referred to in count number one which were intended to read, and that published in the Sunday Times Newspaper of l9th February, 1995, and that such imputation was published with the intent to have the reputation be harmed thereby, that the person who published the said imputation has committed an offence punishable under section 479 of the Penal Code read with section 15 of the Sri Lanka Press Councils Law No. 5 of 1973 and that the Petitioner who was the editor of the said newspaper has therefore committed an offence punishable under section 14 read with section 15 of the Press Councils Law.
2. The Petitioner pleaded not guilty to both the charges and the case proceeded to trial. The prosecution led the evidence of five (5) witnesses namely, Mr. Ranjith Wijeywardena, Mr. Asitha Perera MP, Mr. Simon Perera, Mr. D. Wimalaratne and S.I.K. Waidyasekara and closed its case.
3. While the prosecution adduced evidence that the aforesaid words which constitute the subject matter of the charge were published in the Sunday Times' newspaper of l9th February 1995, and that the Petitioner was the editor of the said newspaper, no evidence was led to prove that it was the Petitioner who wrote or published the said words and/or of any intention on the part of the Petitioner and/or on the part of the person who wrote or published the said words to harm the reputation of Chandrika Bandaranayake Kumaranathunga.
4. At the close of the case for the prosecution, the counsel for the Petitioner made an application that the Petitioner be acquitted in terms of section 200 of the Code of Criminal Procedure Act, on the ground that the evidence given by the said witnesses failed to establish any charges against the Petitioner.
5. The said application was made on the following grounds
(a) The said words used were not per se defamatory of Chandrika Bandaranayake Kumaranathunga,
(b) The requisite mental element to establish a charge under section 478 read with section 480 had not been established, and that,
(c) Even if a and b above had been established, it has not been established that the Petitioner either published or had any connection with the publication of these words.
6. Counsel for the prosecution and the defence respectfully made both oral and written submissions in respect of the said application and the Learned High Court Judge reserved his order. A certified copy of the entire proceedings are marked P 2 as well as the certified copies of the written submissions filed by the prosecution and the defence are filed herewith respectively marked as P 3A and P 3B.
7. The Learned High Court Judge made his order on the 23rd May 1996 refusing the said application of counsel for the Petitioner and calling for a defence. The said order of the Learned High Court Judge made on the 23rd of May 1996 is annexed hereto marked as P 4.
8. Being aggrieved by the aforesaid order marked P 4 of the Learned High Court Judge the Petitioner by application number CC 381/96 invoked the revisionary jurisdiction of their Lordships of the Court of Appeal inter alia on the following grounds.
(a) The said order is wrong, contrary to law and against the weight of the evidence.
(b) The Learned High Court Judge has by his aforesaid order made evident the fact that he has already found the Petitioner guilty of the charges against him, and in the circumstances the Petitioner has been deprived of the substance of a fair trial and the continuance of the trial before him (The Learned High Court Judge) would therefore be an exercise in futility.
(c) The finding of the Learned High Court Judge that the said words are per se defamatory of Chandrika Bandaranayake Kumaranathunga is perverse in that the finding is not rationally possible upon the evidence adduced before him.
(d) The Learned High Court Judge erred in holding that the said words were per se defamatory on the basis of what, in fact, were that which the Learned High Court Judge perceived subjectively to be defamatory innuendoes while the said words were incapable of any defamatory connotation according to their grammatical constructions and/or of giving rights to any defamatory innuendo on any objective analysis and/or construction of the said words.
(e) The Learned High Court Judge erred in arriving at his finding on the basis that the words in question were defamatory because of purported defamatory innuendoes conveyed thereby in that the question of the innuendoes that were capable of being conveyed by the said words was irrelevant to the issue in this action and not a ground on the basis of which he was entitled to call upon the Petitioner for a defence in as much as the Petitioner was not charged by the indictment of having harmed the reputation of Chandrika Bandaranayake Kumaranathunga by means of any defamatory innuendoes conveyed by the said words.
(f) The Learned High Court Judge has by laying undue emphasis on the fact that the virtual complainant held the office of the President of the country erred in law by failing to assess the evidence on the basis of the fundamental principle of law that all persons are equal before the law and entitled to the equal protection of the law laid down in Article 12 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
(g) The Learned High Court Judge erred in the application of the standard of proof applicable to this case in that he failed to consider and/or give his mind to the question whether or not the words complained of were capable of a nondefamatory meaning.
(h) The Learned High Court Judge erred in holding that the words in question were published with an intention to defame Chandrika Bandaranayake Kumaranathunga and that the said finding was totally unsupported by the evidence.
(i) The Learned High Court Judge erred in holding that the Petitioner made and/or was responsible for the publication of the said words in that the said finding was unsupported by the evidence.
9. It was submitted further to their Lordships of the Court of Appeal that the following exceptional grounds warrant and justify the invocation of the revisionary jurisdiction of their Lordships Court.
(a) The continuance of this trial would occasion a failure and/or a miscarriage of justice in as much as the Learned High Court Judge has already arrived at the findings against the Petitioner as to the major issues in the case.
(b) The Petitioner would be deprived of a fair trial if the trial of this action continues before the Learned High Court Judge.
(c) The order of the Learned High Court Judge is palpably wrong in fact and in law and is perverse.
(d) The evidence adduced by the prosecution does not establish a prima facie case, and the Petitioner is therefore entitled to an acquittal.
(e) In as much as the Petitioner is entitled to an acquittal and the Learned High Court Judge has already decided that the Petitioner is guilty of one or both the charges levelled against him, the Petitioner pleaded real danger of being incarcerated and deprived of his personal liberty at the conclusion of the trial at least until an application for bail is concluded although he is not liable to be so incarcerated and/or deprived of his personal liberty.
10. The said application No. C.A. 381/96 was supported before their Lordships of the Court of Appeal on the 27th of June 1996, and their Lordships consequent to the hearing of the submissions of all the parties concerned, reserved the order which was subsequently delivered on 2nd July, 1996 refusing the application stating that the Petitioner has not made out a case for the issue of notice. A copy of the said order of the Court of Appeal is annexed hereto marked as P 5.
11. The Petitioner being aggrieved with the said order of the Court of Appeal seeks special leave to appeal to Your lordships Court on the following amongst other grounds that may be urged by counsel at the hearing of this application.
(a) The Court of Appeal has erred when it has held that the decision as to whether an accused should be called upon for a defence at the end of the prosecution case is entirely a matter in the discretion of the trial judge.
(b) The Court of Appeal has failed to consider the essential complaint of the Petitioner that the Learned Trial Judge having demonstrated that he had predetermined the issues in the case, the Petitioner would be denied the substance of a fair trial if the trial were to continue before the same judge.
(c) Inasmuch as the complaint of the Petitioner was that the Learned Trial Judge having demonstrated that he had predetermined the issues in the case, the Petitioner would be denied the substance of a fair trial if the trial were to continue before the same judge, the Court of Appeal has erred when it concluded that there were no exceptional circumstances which merit the intervention of the Court at this stage.
(d) The Court of Appeal has failed to consider the complaint of the Petitioner that the Learned Trial Judge had erred in holding that the words complained of were per se defamatory and that the said words were published with the necessary intention or knowledge.
12. The Petitioner states that this is a matter fit for review by Your Lordships' Court and the question to be decided is of public or general importance.
13. The Petitioner states that this Appeal involves substantial questions of law, namely:
A. whether and in what circumstances the Court of Appeal should exercise its revisionary jurisdiction in respect of an order made by a trial judge on a plea of no case to answer, and
B. whether a pre-determination by the trial judge on the major issues in a case constitutes a ground for ordering a trial De Novo in a case,
14. The Petitioner states that he has not invoked the jurisdiction of Your Lordships' Court in respect of this matter previously.
WHEREFORE THE PETITIONER PRAYS THAT YOUR LORDSHIPS COURT BE PLEASED TO:
a) Grant the Petitioner special leave to appeal to Your Lordships' Court against the said order of the Court of Appeal in CA 381/96 dated 01.07.1996 and delivered on 02.07.1996.
b) Allow the petitioners appeal and set aside the order of the Court of Appeal in CA 381/ 96.
c) Grant interim relief by staying the proceedings before the High Court pending the final determination of this application.
d) Set aside the order of the Learned High Court Judge dated 23.05.1996.
e) Make order acquitting the Accused in High Court case Number H.C. Colombo 7397/95, or in the alternative direct that the trial be commenced De Novo before another judge of the High Court.
f) Grant such other and further relief that Your lordships Court may seem meet.
Attorneys at Law for the Petitioner
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Two weeks ago, 'The Sunday Times' columnist Taraki who knows the Jaffna ground situation much more than many, in the government's intelligence services, clearly warned of the LTTE's most immediate intentions to disrupt government plans for the reconstruction of the war-torn peninsula. This warning was misunderstood or misinterpreted by certain government leaders who accused us of trying to undermine development plans.
In the aftermath of Thursday's devastating LTTE suicide bomb attack on a Minister's motorcade in Jaffna, we hope that the government will again take its blinkers off to realise that the real enemy is the LTTE and not the independent media that reveals the truth however unpalatable it may be for those in high office in the short-term. We in the national media are quite aware not only of our rights but also of our responsibilities to our country in a crisis situation. We believe that most newspapers and most journalists act in the highest national interest. On the contrary when politicians speak of national interest, what they often mean is party interest if not personal interests.
While we extend our heartfelt sympathies to the families of those who died or were injured in Thursday's attack, the incident must also put us on the alert again to the danger of such terrifying attacks not only in Jaffna but anywhere in the country. We need not be fearful, for fear is a key element in the psychological warfare of terrorism. But we need to be alert and conscious of realities.
It would be useful today to directly from the warning given by our columnist Taraki, not so much with a 'we told you so' attitude but to show an apparent attitude problem among VIPs who see something sinister between the lines of everything we write. Taraki said on June 23, a fortnight ago;
"...... one has to also take into account the fact that the LTTE is hell bent on sabotaging what the government gained in the peninsula following Riviresa II and III. They, apparently, realise that reconstruction and development can immensely contribute to the pacification of the peninsula. The intelligence wing of the LTTE issued a four page pamphlet (officially in its own name - which is quite 'uncustomary') recently to civilians in those areas of Jaffna that are under the Army's control which among other things said :-
" 'development and reconstruction (by government) are aimed at blunting the desire among Tamils for (national) liberation. What is the need for development and rehabilitation after (your) rights, freedom and self-respect have been lost? The people have to be careful about development plans.'
Then again, and before issuing this pamphlet in the peninsula, the LTTE's political wing called all the donor country agencies, foreign NGOs and the UNHCR for a meeting at Kilinochchi. The gathering was addressed by Karikalan, Thamilchelvam and George. The Tigers said that they would not guarantee the safety of any foreign aid and reconstruction work in the peninsula. It was clearly implied that even the safety of foreign persons could also not be ensured. The general tenor of the LTTE's lecture on future development work in the peninsula seems to have caused serious concern. No one seems to doubt that the Tiger can be very nasty when it wants to."
The government at the highest levels took this commentary amiss. It felt 'The Sunday Times' was being anti-government or anti-development. No Sir, No Madam. We were only warning you about the dangers of the ground realities in Jaffna. We were only giving you first hand information that all your high-flown and big talk intelligence experts could not have given.
While we support, and support fully, the government's plans to rehabilitate and rebuild Jaffna we must caution the authorities that it would be unwise to underrate the LTTE. Suicide attacks such as the one on Thursday, land mine explosions and sniper attacks will continue to be unleashed by the LTTE. Defeated in conventional terms, the LTTE will hit back through guerrilla tactics. Equally this must not deter the government and the right thinking people of Sri Lanka. They must proceed with determination and dynamism to defeat evil for good to triumph, but ever mindful of dangers lurking from the real enemies.
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Elimination of commodity, wheat and fertilizer subsidies and stopping of massive recruitment of untrained graduate teachers have been recommended to the government by a team of economic experts.
The Sri Lanka side was coordinated by Dr. Lal Jayewardena (Economic Advisor to the President), Dr. Chandi Chanmugam, Dr. L. Gunaratne, (Director of Research, Central Bank), Dr. R. M. K. Ratnayake, Dr. P. Ramanujam, T. Maxwell, N. Tiruchelvam. Dr. A. S. Jayawardena, Governor Central Bank, initially led the Sri Lankan team and guided the study throughout. On the World Bank side the team included P. Alba, S. Lateef, M. Prywes, C. Hartler, R. Nangia, A. G. Karunasena, V. Iyer and C. Kanda.
The team including World Bank experts and local policy analysts has also recommended increased commitment to BOO and BOT projects in public utilities and line agencies, and more privatisation programmes, including AirLanka.
In short-term measures it suggests a debt fund to supplement private debt and equity capital, expansion of public expenditure in high return and labour intensive activities such as rehabilitation of roads etc.
Other recommendations:
* Consolidate interest payments of Janasaviya into a new better targetted programme (Samurdhi).
* Eliminate wheat and fertilizer subsidies.
* Adopt more stable protection level and system in agriculture.
* Eliminate quantitative restrictions.
* Begin to privatise Bank of Ceylon and then the People's Bank.
* Review restrictions on investments by the EPF and Employees Trust Fund.
* Allow primary dealers to hold treasury securities on their own account.
* Strictly limit hiring into public sector.
* Eliminate commodity subsidies.
* Use privatisation proceeds for retirement of debt.
* Increase expenditures for operation and maintenance in key sectors.
* Increase cost-recovery in rail, electricity and petroleum products.
* Eliminate tax exemptions and concessions.
* Maintain a stable and competitive exchange rate.
In the Public Administration area the team recommends:
* Limit new hiring and cancel unfilled positions.
* Establish overseeing mechanisms for implementing civil service reform.
* Institutionalize prompt and complete financial reporting and auditing.
* Revitalize the role of the Parliamentary Public Accounts Committee.
* Adopt transparent and streamlined procurement procedures based on competitive bidding and standardized documents.
Prime Minister Sirimavo Bandaranaike yesterday made a strong Eto support the government's devolution package stressing the government would never allow any division of the country.
In a special statement, the Prime Minister said the military gains made over the past few months would be effective only if they were backed up by a political solution.
She said:
"The war has claimed 50,000 lives during 13 ardous years and has blighted the life of every Sri Lankan whatever his or her race, religion or social status. It has effected adversely every aspect of our national life. The economy, interracial amity, relations with foreign countries, the very psyche of the nation have been warped, disfigured and damaged due to the ongoing conflict. The physical damage, when quantified is of astounding proportions but it pales into insignificance when compared to the anguish caused by the loss of life and limb particularly among the flower of Sri Lanka's youth who have been cut down in their prime by this accursed war. These losses can never be fully compensated.
"Our Government offered the Sri Lankan people an opportunity to end the war. We promised to usher an era of peace reconciliation and healing. The Sri Lankan people placed their faith in us and, at three successive elections, gave us an unequivocal mandate to end the war and to secure a victory for peace. We endeavoured to fulfil this promise by peaceful overtures and displays of our good faith in numerous ways. All our efforts were brought to naught by the intransigence of the LTTE.
"Our armed forces have since fought the enemies of peace and have gained victory after victory. Our brethren in the North have been liberated and our Government is doing its utmost to ensure the resumption of civil administration which will enable them to live their lives in peace. Our efforts towards rehabilitation and reconstruction in the war-torn areas will be redoubled and normalcy will be restored once again.
"While we salute the heroism and valour of the armed forces, while we praise them for their successes, we should also consider how this peace, won at such great cost, could be made lasting and durable. How are we to ensure that the forces of war are not unleashed once more on the long suffering Sri Lankan masses? If we are to bestow the long delayed fruits of economic development on our people, we must ensure that armed conflict is no more than an unhappy memory.
"The Government is fighting this war not to subjugate or dominate any section of the Sri Lankan populace. The lessons of history teach us that military victory over insurgency, terrorism, militancy of rebellion will never be a final solution. Armed insurrection against a legitimate, democratically elected Government must be defeated. However, militancy is only one manifestation of a deep rooted problem. While we strive to defeat those who have taken up arms with all the means and determination at our command the underlying social issues must be redressed if we are to be sure that the tragedy of conflict is never again to be inflicted on our people.
"Our Government has proposed its own solution to what it perceives as a social problem which transcends ethnicity and other societal divides. What we aim to do is to empower all our people, be they Sinhala, Tamil or Muslim, to be able to play a meaningful role in the determination of their destiny. The people in the South, just like their fellow Sri Lankans in the North, have a right to decide on their collective future. What our Government intends to do is to provide means whereby they are allowed to exercise this right to the full
." Issues relating to development need not be referred to Colombo or Sri Jayawardenapura for decision. The people directly affected by development initiatives in a particular locality should have the right to make decisions in that regard. The means to achieve this is the large- scale sharing of power among all Sri Lankans in every part of the island. This is the basis for our Government's proposals for the devolution of power.
"The right I speak of is not an absolute right. It has certain limitations. Power will be devolved only in so far as it is necessary to facilitate speedier development . The only aim of the devolution proposals is to make administration more efficient, making people's lives easier. Matters of national significance will continue to be decided upon by the centre. This Government will never stand for the division of our country. We will never let the unity, territorial integrity or sovereignty of our country or its people be compromised. The proposals for the devolution of power contain many safeguards to ensure this.
"We never sought to foist our proposals on the Sir Lankan people. We were completely open and honest as to our intentions. At present these proposals are being debated on by your representatives in the Parliamentary Select Committee on the Constitution. The people's views have been sought and considered. We will continue to pay heed to our people who have entrusted us with the governance of our nation. We will never betray your trust. We will do nothing that is at variance with the aspirations of the people. We commend these proposals to you as the one means by which a lasting peace may be achieved. We, in turn, place our trust in you that you will use your own good judgement to support our effort to usher in a better, more prosperous future.
"Our Government has set Sri Lanka on a path that leads to peace and a brighter tomorrow for all. Do not let those who seek to lead the nation astray by stirring up emotions deter you. Hatred, anger, vengefulness, suspicion and rancour have no place in this new Sri Lanka we are building. Let us unite and bequeath to our children and grandchildren a country that will be the pride of all Sri Lankans and the envy of the world.
Mystery surrounds the death of Captain of a Sri Lankan ship while it was sailing off Madras and the Foreign Ministry has called for a report from the High Commission in Madras after a family member alleged foul play.
Captain C.D. Peries has died last Tuesday when the vessel was leaving the port. It is claimed that tow ropes had suddenly snapped, hitting him on the neck and chest.
However Captain Peries's family have raised doubts about the claim. Teddy Peries, the Captain's brother said he had reason to believe it was murder. Mr. Peries residing in Dubai on hearing the news, had immediately contacted the local shipping agent requesting them to probe the death.
"After I received the fax it was evident to me that my brother was murdered. They sent me a letter stating that my brother was on the deck and also that he was intoxicated. But I say that if he was the Captain he should have been on the bridge and not the deck. Also any person knows that a Captain is prohibited from taking liquour before leaving. Further more I got to know that the shipping agency had been in debt to my brother, and that my brother was to leave the agency the following day, on his return to Sri Lanka," Mr. Peries said.
He alleged that the agency without the consent of the family had tried to bring the body home. "When I felt suspicious, I contacted the Foreign Ministry and I was told they were not aware of the incident. The same answer was given by the Madras High Commission. Once I informed them they agreed to look into the matter," Mr. Peries said.
Captain Peries's family is determined to have a full investigation. "When I made the complaint to the CID, I was told that such cases were handled by Interpol. I sent a letter through the Foreign Ministry. Though problems have arisen I insisted that we were going ahead with the investigation. At first I wanted the body brought to Sri Lanka without it being embalmed for a post mortem, but the agency, without informing the family had embalmed saying that since arrangements were made to bring the body to Colombo they went ahead with it," Mr. Peries said.
Meanwhile an official at the local shipping agency has strongly denied allegations of foul play. George Chandra of Magnum Maritime (Pvt) Ltd., told 'The Sunday Times' that they were bringing the body to Colombo with the family's consent. "The allegation directed at the company is baseless. Accidents do occur on board. We have decided to pay the family compensation. The talk that he was not paid is incorrect we will have our own investigation," he said.
Mr. Chandra said he could not comment on whether Captain Peries' contract was over as the Marketing Director of the company was out of the island.
It is learnt that the Consular Division at the Foreign Ministry had not been informed of the incident by the shipping agents. According to Mr. A. Ariyarathne at the Division they were awaiting a reply from the Deputy High Commission. "We have sent all the details to the relevant officials but there is no response. The High Commissioner has been kept in the dark. But after the family intervened he is doing his best," Mr. Ariyarathne said.
The Bribery Commission has questioned Health Secretary, Dr. Dudley Dissanayake over the controversial IV fluid deal which led to a strike by doctors.
Dr. Dissanayake has been questioned about certain contradictory statements on the issue and about a visit to India to a pharmaceutical company.
'The Sunday Times' learns that the Bribery Commission has sought an appointment with Health Minister A.H.M. Fowzie on Tuesday to further discuss the issue.
With the power cut still in force, the tug of war over the Trincomalee coal fired project has now taken a new dimension. Mihaly International have threatened to sue the Government of Sri Lanka to the tune of US dollars 150 million for terminating the letter of intent issued by the previous government on the US dollars 600 million project.
Though the previous regime gave the letter of intent to Mihaly International the PA government terminated it in October 1995.
Reports say that at a meeting on February 2 this year at a meeting presided over by the President it was decided to revoke the earlier Cabinet decisions of August 94, calling for fresh offers and begin talks with Barclay Mowlem of Australia.
It is now reported that the legal firm of Easkem Martineau in Canada has written to the Attorney General of Sri Lanka of their intention to sue the Government of Sri Lanka on 'binding arbitration proceedings' under one or more of the investment protection treaties, for settlement of the investment dispute.
The letter signed by Queens Counsel J. Michael Robinson to the AG states that Mihaly International will claim for recovery of all their costs and expenses in connection with the coal fired project. In addition the company will also claim compensation for its bargain profit which would have been earned during the 20 year BOT period of the project.
The law firm has given the government 10 days to negotiate a settlement on terms set out by Mihaly or face legal action in international courts.
A civilian was killed and three others, including a police officer, were injured when suspected Tamil rebels, opened fire at the residence of a Tamil MP in the Batticaloa District, military sources said yesterday.
TULF MP P. Selvarasa who was at his home in Kallar at the time of the attack escaped unhurt.
The gunman who had come in a threewheeler around 9.30 a.m. opened fire and the civilian killed had been there to meet the MP.
The gunman had fled the area and the vehicle was found abandoned in a nearby area.
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Parents! lock up thy daughters." It seems that a devious male teacher is on the prowl at a leading school for the fairer sex in Colombo. The teacher who apparently teaches the girls to use the Queen's English, seems to have his eye on higher prospects than on teaching the language of Shakespeare.
On one occasion when the girls had been discussing about a blouse, he is supposed to have remarked to the shocked girls "800 rupees is expensive for a blouse, you should all come to class topless". On another occasion he had asked another girl whether she does any sports. When the reply was in the negative, he had told the astounded girl "You should! You have nice legs." Not stopping at that he went as far as to tell one astounded class, his copious antics with the fairer sex during his school days which sources tell us go back a long long... long way.
There are even rumours to say this ancient "Don Juan" has restorted to pinching and had even offered to give higher marks to a girl if she was willing to accede to his requests.
Parents have lodged complaints about this harassment, but both the girls and parents are surprised that the normally attentive principal has brushed these complains aside simply by saying that he is one of her husband's friends and she can't do anything about it. Friend or no friend, something has to be done before it goes too far, parents say. After all, the principal must not think of herself, but has to take action for the good of all.
The wedding is just over and the in-laws already seem to be benefiting from the high protocol marriage. The brother-in-law of the "General" has already been appointed as a Chairman to a unit within the Plantation Ministry, we hear.
It seems that the Ministers in the Cabinet are having a bit of "memory loss" following in their path. Recently, the one who looks after the affairs of our "Pol, tea and rubber wattes" called up a meeting at his ministry, to discuss the taking of land from privatised companies. All the plantation buffs came, but they surprised. The Minister who was to chair the meeting was missing. Half and hour went and still no minister turned up. The Minister, following his boss's example, turned up one hour late. Apparently he had forgotten about the meeting which he himself had called. So at the end of the day nothing conclusive was arrived at.
When another plantation executive protested to a deputy minister about the taking of good profitable land, and the encroachment of his land, the deputy minister had stated, "Yes, I understand your position. .. but you see the people also have to live no!?" Many plantation executives are wondering what estates they will be left with.
The plantation minister was not the only one to forget. The brother of a former prominent UNP minister too had been worried, when his post at the port that handles all flights, was changed like musical chairs.
His area of specialisation was technical/expertise, but he was surprised when he was given a letter appointing him to the chair of finance. As he knew little of finance he felt he should talk to the one who is the purveyor of all flights and vision from other lands (No... Not files) he was given an opportunity at the House on the Oya and then he sat for three long hours gazing on to the water waiting for ol' bachelor boy to turn up. Finally turning up rather apologetically saying "I say I am sorry men... I compeltely forgot". It seems forgetting is a fashion in the Cabinet as of recently.....
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To those who remember with horror the traumatic events accompanying the partitioning of the British Raj on the subcontinent and the creation of the Islamic Republic of Pakistan, the present troubles between Pakistan and her giant neighbour, India, are not surprising: they seem inevitable. Only the passage of time can erase those agonising memories and heal the wounds. Indian leaders, who had earlier resisted the excision of parts of what had been India, united under the British for more than a century, agreed to partitioning only when it became clear that independence from the British would otherwise be indefinitely delayed. Pakistan is a member both of the Commonwealth and of the Non-Aligned Movement and an important component of the South Asian Association for Regional Co-operation (SAARC).
Pakistan-Sri Lanka relations
Sri Lanka's bilateral relations with Pakistan have been consistently warm and friendly. At the United Nations, Sri Lanka and Pakistan co-operate closely. In the Ad Hoc Committee of the General Assembly on the Indian Ocean as a Zone of Peace, an identity of views exists. These seek to promote pragmatic working arrangements to ensure peace, stability, security and development in the Indian Ocean region, in the light of the changed international situation. In another Sri Lankan initiatve, the Indian Ocean Marine Affairs Co-operation (IOMAC), Pakistan has participated readily and with enthusiasm. Whenever the Kashmir issue erupts in the General Assembly and in its Committees and other UN fora, Pakistan always appreciates Sri Lanka's reluctance to take positions that would only sopil relations between Sri Lanka and either of her two big neighbours.
Pakistan's Foreign Minister, Sardar Assef Ahmed Ali, on a recent visit to Sri Lanka, is reported to have said that he had requested Sri Lanka to use its good offices with India to help solve the Kashmir issue. Sri Lanka's good relations with both India and Pakistan, and their continuance into the future, makes it necessary that, rather than try to mediate on the rights and wrongs of the issue, we promote measures to build confidence and trust between India and Pakistan. Sri Lanka can point out to both these friendly countries the kinds of actions which will be inimical to and hamper good relations.
The Kashmir issue
The circumstances under which the Muslim majority state of Jammu and Kashmir came to accede to India, with Azad Kashmir becoming a part of Pakistan, are well known and are now referred to with different emphasis by the protagonists. Kashmir has been a bone of contention between India and Pakistan since 1947, and there is a UN Security Council resolution as well as a UN peace-keeping force along the border Line of Control. The current tensions, however, date back to 1991, after the end of the cold war and the withdrawal of Soviet troops from Afghanistan. Armed insurgents in Jammu and Kashmir demanded self-determination and independence. India's response was to send in troops to quell the insurgency.
The United Front govenment of Prime Minister Deve Gowda has promised 'maximum autonomy' to Jammu and Kashmir. The dissidents in Kashmir seemed to have been in a mood for compromise in recent times. Unfortunately, the elections to six Lok Sabha seats in Indian-held Kashmir along with the general elections in India, seem to have created fresh problems. The three rounds of elections are reported to have been held with military force used to coerce people to vote. Although some Indian sources deny this. This futile exercise if correct, is all the more regrettable when, elsewhere in India, the gigantic task of holding elections was carried out so successfully by the Elections Commission. The message that India wanted to send to the world of the willing participation of the Kashmiri people in the elections would have been lost as a result of the tactics alleged to have been used by Indian troops throughout the Kashmir valley. The dispute over Jammu and Kashmir casts a long shadow over regional co-operation.
Pakistan and her neighbours-SAARC
Pakistan's partipation and co-operation in SAARC makes a significant difference to peace, stability, harmony and development in the South Asian region. Pakistan is strategically situated in a unique geo-political location at the cross-roads of the newly independent and largely Moslem, Central Asian States, the Gulf Region - providing access to and from landlocked central Asian countries - and South Asia. The presence of Pakistan brings to SAARC a balance which offsets an otherwise unbalanced geopoloitical configuration.
The enormous success achieved by regional organizations such as the European Community and the Association of South East Asian Nations (ASEAN), is in contrast to the relatively slow pace at which SAARC is moving. The seven countries of the SAARC region occupy a total area of over five million square kilometres and are home to more than a billion people constituting one-fourth of the world population. One of the main obstacles to the growth of SAARC is Indo-Pakistan rivalry and friction and in particular the dispute over Kashmir. As Minister Sardar Assef Ahmed Ali said, a solution to the Kashmir issue "will open the gates for many wonderful things to happen. The entire region would enjoy the dividend of peace. SAARC will truly take off as a powerful regional organization".
Suspicion and mistrust are at the core of the relationship between Pakistan and India. Each considers the other to be a threat to her own national security. The armies of the two countries have gone to war on three occasions, in 1948, in 1965 and in 1971; on the two earlier occasions over Kashmir. In 1971, the Indian armed forces intervened to help East Pakistan to secede and to form the independent nation of Bangladesh. Both India and Pakistan believe that only a balance of military power could prevent aggression by the other. Hence the intense competition to acquire ballistic missiles and nuclear weapons. Neither Pakistan nor India are signatories to the nuclear Non-Proliferation Treaty (NPT), which was indefinitely extended in 1995. India has refused to sign the Complete Test Ban Treaty (CTBT) being elaborated in Geneva, explaning that she stands for a complete ban on all weapons of mass destruction everywhere and that the ban on nuclear testing would only give those who have already acquired nuclear weapons an undue advantage. And unless India signs the CTBT, Pakistan will probably not.
Relations with the big powers
During the period of the cold war, Pakistan was an ally of the United States and a part of the US strategic defence network against communism. Pakistan received military aid from the US, while India on the other hand worked closely with the then Soviet Union, with whom she had a Friendship Treaty. Throughout the decade-long invasion of Afghanistan by the Soviet Union, Pakistan stood by the Mujahedeen and helped to stall communism. Millions of Afghan refugees streamed into Pakistan and about 2 million of them still remain. Pakistan's relations with China have always been close and cordial and this too has caused India to be somewhat apprehensive.
Pakistan's relations with the United States became strained after the cold war when the US, in terms of the Pressler amendment, refused to sell arms to Pakistan until she had agreed to curb her nuclear programme and to the non-proliferation of nuclear weapons in the region. This has now been rectified by the Brown amendment, which has returned to Pakistan the funds that were lying in the US for planes that had been ordered but were not delivered.
Economic development
After decades of military rule, Pakistan is committed to parliamentary democracy. Pakistan's Harvard-educated Prime Minister Benazir Bhutto, heads a coalition government of the Pakistan People's Party (PPP) with a section of the Muslim League. In recent tours abroad, Bhutto has spelled out the vision that guides the policies of her government-free market policies to develop her economy and foreign investment for developing infrastructure and communications programmes.
After years of stagnation, Pakistan's economy is once again on the move. Her biggest problem is the still high rate of population growth which, at around 3 percent, is one of the highest outside Africa. Religious leaders are usually against family planning but, speaking at the International Conference on Population and Development in Cairo on 5 September 1994, Benazir Bhutto said, "The followers of Islam have no conceptual difficulty in addressing questions of regulating population in the light of available resources. The only constraint is that the process must be consistent with abiding moral principles. Islam aims at harmonious lives built upon a bedrock of conjugal fidelity and parental responsibility". The low literacy rate in Pakistan is also being tackled; primary education programmes are directed towards raising the literacy rate of 36 percent, one of the lowest for the region.
The Bhutto government proudly proclaims that its economic policies are consonant with the proposals of the IMF and the World Bank. A three-year structural adjustment programme is in progress. The Bank and the Fund in turn consider Pakistan to be 'a model of development'. In view of the reluctance of developing countries generally to be led by the mulitateral funding agencies, the Pakistan experiment will be closely observed.
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Housing Minister Nimal Siripala De Silva escaped with injuries in an attempt made by a women suicide bomber at the Stanley Road in Jaffna on Thursday (4th) afternoon. Brigadier A.S. Hamangoda (Jaffna Sector Commander), Ranjith Godamuna (Chairman, Lanka Cement) and 21 others were killed and more than 50 injured in this explotion. This incident took place minutes after the Minister declared open a branch of Building Materials Corporation (BMC) in Jaffna
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Court of Appeal orderThe criminal defamation case filed by the Attorney General on behalf of Ms. Chandrika Kumaratunga aginst the Editor, The Sunday Times continued on Wednesday after a hectice week of litigation.
On Tuesday, the Court of Appeal refuse to grant notice to say the proceedings at the High Court and on Wednesday, the Editor filed an appeal in the Suprime Court.
Senior Counsel for the Editor on Wednesday, made an application to the trail Judge (High Court) to postpone the case till July 19 when the Supreme Court will have decided on the appeal before it. The state objected to this and then trial judge held with the state.
Thus defence case began on Wednesday with evidence of the Editor. We published below the full text of the Court of Appeal order of July 2 and the petition to the Supreme Court of July 3.
The Accused-Petitioner was indicted before the High Court of Colombo on two charges. The first count was that he did by the publication in the Sunday Times Newspaper on 10th February 1995 of words that were intended to be read, namely, the following words that appeared under the heading, 'Anura: Sooting says courting days are here':-
"Therefore, let's start at the top, about a party graced by none other than Her Excellency the President Chandrika Kumaratunga. The occasion was the birthday of Liberal Party National List M.P. Asitha Perera (Well Mudliyar Chandrika - how?) The place was Mr. Perera's permanent suite at the 5 star Lanka Oberoi. But this time the President was more circumspect about her appearance and used the rear entrance of the hotel, watched by a phalanx of security guards and myself."
"She spent about 90 minutes at the party, from about 12.30 in the heat of the silent night until 2.00 a.m. and, as for what she ate, we assure you; it was not food from the Hilton. The reading public now has a fair idea of it's first citizen's epicurean taste. But what of her estranged brother?"
Publish such an imputation regarding Her Excellency the President of the Democratic Socialist Repubic of Sri Lanka with intent to harm her reputation or while knowing or having reason to believe that such imputation would harm her reputation and that he did thereby commit an offence punishable under Section 480 of the Penal Code.
The second count which was framed in the alternative to the first count was that an imputation about Her Excellency the President Chandrika Bandaranaike Kumaratunge was made by the Publication of the words referred to in count number one which were intended to be read, and published in the 'Sunday Times' newspaper of the 19th of February 1995, that the said imputation was published with intent to have the reputation harmed thereby and that the person who had published the said imputation has committed an offence punishable under Section 479 of the Penal Code read with Section 15 of the Sri Lanka Press Council Law No. 5 of 1973 and that the Petitioner who was the Editor of the said newspaper has therefore committed an offence punishable under Section 14 read with Section 15 of the said Press Council Law.
The indictment was served on the Accused-Petitioner on 13.6.95 and the trial commenced in the High Court Colombo on 8.3.95. The Accused-Petitioner pleading not guilty to the aforesaid charges. The prosecution then led the evidence of five witnesses on several dates of trial and the case for the prosecution was closed on 22.4.1996 leading in evidence documents marked P1 to P7.
At this stage of the trial learned President's Counsel for the Accused-Petitioner made an application to the trial Judge in terms of Section 200 (1) of the Code of Criminal Procedure Act to record a verdict of acquittal.
Section 200 (1) is as follows:
"When the case for the prosecution is closed, if the Judge wholly discredits the evidence on the part of the prosecution or is of opinion that such evidence fails to establish the commission of the offence charged against the accused in the indictment or of any other offence of which he might be convicted on such indictment, he shall record a verdict of acquittal; if however the Judge considers that there are grounds for proceeding with the trial he shall call upon the accused for his defence."
The application by the defence was made in terms of the second limb of Section 200 (1) on the basis that the evidence led by the prosecution failed to establish the commission of the offenses charged against the accused in the indictment.
It was contended by the learned President's Counsel that the offence of defamation under Section 479 of the Penal Code involved the following ingredients.
1. An imputation concerning a person which directly or indirectly, in the estimation of others lowers the moral or intellectual character of that person.
2. the making or publishing of such an imputation
3. that such imputation was made with the intention to harm or with the knowledge that it would harm the reputation of that person,
It was submitted firstly that the court should be satisfied that the imputation contained in the alleged offensive article contains an imputation of the type referred to in (1) above. Secondly that the court should be satisfied that such imputation was made or published by the accused and thirdly that the court must be satisfied that the said imputation was made or published by the accused with the necessary intention or knowledge.
Elaborate submissions on these aspects were made by learned President's Counsel before the High Court in his written submissions P3(b) and it was contended that the prosecution had failed to establish the charges under counts 1 and 2 in the indictment.
The learned Deputy Solicitor General in his reply P3 (A) dealt in detail with the submissions made on behalf of the Accused-Petitioner and contended that the ingredients of the two charges had prima facies been established and submitted the Accused Petitioner should be called upon for his defence.
After a consideration of the submission, oral and documentary, of Counsel including learned President's Counsel on behalf of the aggrieved party, the High Court Judge by his Order dated 23.5.96, P4 for the reasons set out therein came to the finding that there is a prima facie case against the accused and considered that there were grounds for proceeding with the trial and called upon the accused for his defence.
The Accused-Petitioner in this application for revision has sought to have the aforesaid Order of the High Court Judge set aside and has prayed that he be acquitted of both the charges.
At the hearing of his application Mr. Tilak Marapana P.C. appearing for the Accused Petitioner submitted that it is evident from the Order of the learned High Court Judge that he has pre-judged the case against the Accused-Petitioner and in the circumstances that the petitioner has been deprived of a fair trial and that further trial before the same High Court would be an exercise in futility. It was submitted that the trial Judge has already formed the opinion that the charges have been established beyond any manner of doubt when he in his Order at page 13 observed as follows: "To sum up what is stated above would serve to show that the prosecution evidence is such as to establish convincingly and to a moral certainty all the ingredients of the offence of defamation which in the context of this case may be broadly stated as follows:
(a) making or publishing an imputation concerning Her Excellency the President.
(b) by words intended to be read
(c) that the publication was made with the intention of damaging or the requisite knowledge whoever may be responsible for the publication. It was strenuously argued by learned President's Counsel that the learned trial Judge having formed his opinion can in no way retract from his view even if the accused petitioner were to give a plausible explanation by way of defence.
It is to be observed that it was the learned Counsel for the Accused-Petitioner who made detailed submissions orally and in writing and invited the learned Trial Judge to consider the evidence led and to form an opinion that it failed to establish the commission of the offences charged against the accused. In order to form such an opinion the learned trial Judge in our view had necessarily to consider the evidence led in relation to the ingredients of the offenses with which accused petitioner had been charged. The trial Judge had considered the evidence in relation to the ingredients of the offenses with which the Accused-Petitioner was charged and it was incumbent on him to form an opinion in terms of Section 200(1) as to whether the evidence led fails to establish the commission of the offence chraged against the accused in the indictment or of any other offence of which he might be convicted on such indictment.
In the instant case although the learned trial Judge appears to have expressed his opinion forcefully he was not obliged in terms of Section 200(1) to have set out the reasons for forming his opinion. In this case as oral and written submissions were tendered by Counsel for the respective parties in regard to the application to have a verdict of acquittal entered in terms of Section 200(1) the trial Judge has considered the same and has taken the view that there are grounds for proceeding with the trial and has called upon the accused petitioner for his defence.
To a question posed by court it was conceded by the learned counsel for the Accused-Petitioner that without making an order running into 17 pages that had the trial called for a defence by stating, "I am of the view that there are grounds for proceeding with the trial and I call upon the accused for his defence", the accused petitioner would have had no cause to complain. In our view a trial judge is not obliged to make an elaborate order setting out his reasons for holding that there are grounds to proceed with the trial when a submission of no case to answer is made on behalf of an accused in terms of section 200(1) of the Code of Criminal Procedure Act. See Sohoni, Code of Criminal Procedure 19th Edition Vol 3 page 2747.
Learned Deputy Solicitor General and the learned President's Counsel for the aggrieved party contended that one cannot take the observation made by the learned trial Judge at page 13 of his Order out of context and submit that the learned trial Judge has pre-judged the case. It is to be noted that in page 1 - 12 of his Order the learned Trial Judge has dealt with the submissions made on behalf of the Accused-Petitioner and has come to a finding that there is a prima facie evidence which warranted the continuance of the trial.
Besides, the Order sought to be impugned in this application in revision is not a final Order and as observed by a Bench of 5 Judges in the case of the Attorney General Vs. Heeraluge Niel Gunawardena S.C. Application 503/76 H.C., Kandy 67/74 decided on 6.8.76 (reasons delivered on 14.9.76): "The revisionary power of the appellate Court in regard to the proceedings in the High Court will not be exercised except in very exceptional circumstances in particular this court will not entertain an application "which will have the effect of interrupting the proceedings of the trial in the High Court".
The decision as to whether an accused should be called upon for a defence at the end of the prosecution case in our view is entirely a matter in the discretion of the trial Judge. We would be usurping his functions if we were to consider evidence placed before him and make a determination as to whether there are grounds for proceeding with the trial.
We are of the view that there are no exceptional circumstances which merit the intervention of this Court at this stage. For the reasons stated we are of the view that the petitioner has not made out a case for the issue of notice and accordingly the application is refused.
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As a litigant who has become almost insolvent due to his ignorance of the hazards of seeking justice, in our courts of law, it warmed my heart to read about the judge referred to under the headline 'Niceties of a judge - a rare phenomenon' in the letters column of a Sunday newspaper recently.
Over the years, various people have described their woes. The list ranges from unconscionable fees charged by lawyers and their clerks, to the macabre fun the court staff derives by humiliating the poor simple litigant. The court mudliyar is the chief 'jester'.
Further, ring of persons, are able to manipulate calling dates by postponing cases for the most trivial reasons with the connivance of others involved to fatten the pockets of lawyers. The litigant in the meantime suffers untold hardships trying to find lawyers' fees and shuttling back and forth from his distant village to attend Courts the numerous times the case is postponed.
There is such abject loathing for this system, that the public, however civic conscious will not come forward on their own to give evidence even in a simple motor accident.
In this scenario, the letter under reference shows a rare phenomenon indeed. The government should recognize this judge who guides and encourages litigants to settle their disputes amicably whenever possible. The government should hold him up as an example for other judges to follow. His ability to muzzle lawyers and others who harass litigants is particularly praiseworthy.
Your excerpts from an interview under the headline 'Rahula hits back'-an assessment revelatory. Ven. Dr. Rahula Thero has by giving his imprimatur to the communiqué of the National Joint Committee on the devolution package (31st March), confirmed that opposition to it is because it would undermine the rights and privileges of the Buddhist Sinhala majority (70%). It is not, as we had been given to believe, the unity and integrity of the nation that is perceived as threatened. This raises several issues.
It brings into focus the need for re-valuing the term "national". It is now clear that to influential sections of the Sinhala leadership 'national' is synonymous with 'Buddhist Sinhala'. However, to most of the rest of the population it has meant 'Sri Lankan.' In fact, these same forces also use the term in the latter sense when it suits them. This dichotomy of usage in one sense meaning 'Sri Lankan' and in another "Buddhist Sinhala" has had far-reaching consequences.
It has confused the minority groups in matters concerning their group interests. Any claims by them in furtherance of these interests could not, by definition, be "national". Then what were they? "Communal" was the term applied. But this was a disqualification in itself and thus shut them out at initio. It has been a no-win situation, where what was "national" for the Buddhist Sinhala people, and hence, "Sri Lankan", was "communal" when it came to the minority groups, and therefore "anti-national."
The effect on the minority groups has been catastrophic. It has clouded the issue for their leaders for generations. They have never quite succeeded in extricating themselves from this semantic trap. In the case of the Tamil people we can trace from the time this linguistic hoax was launched, a progressive peroration of their standing to a point where today "Demala" is a swear word.
If, however, 'nation' really means "Buddhist Sinhala" only, there is no room under that definition for the minorities, and Prabakaran is right, in so far as the Tamil people are concerned. If the National Joint Committee's request of the select Committee "to reject the amendments in toto and the proposals in their entirety" is complied with, Mr. Kadirgamar could not, with self-respect remain in the government, and the Tamil parties presently supportive of the government would have no alternative but to withdraw. Further the rest of the world will wake up to the fact that it has been led up the garden path by this linguistic legerdemain, with profound consequences.
The concept of the priority of "majority rights" over "minority claims" is the leitmotif of Ven. Dr. Rahula Thero's utterances at the above interview. It is vitally important to clear our minds and get our bearings straight in this matter as the denial of the "claims and aspirations" of the minority groups by influential section of the Sinhala leadership has, strictly, not been articulated by any methodological disproof of their validity. Instead it has been held that, even if these claims were theoretically sustainable, they could not be reconciled with the fact that these groups are a "minority" and by implication "immigrants". The rationale seems to be, if they were not a "minority" and "immigrants", they would be legitimatized.
Who is an "immigrant" and who a "minority" is a question that is relative to time and place. The English speaking whites in New Zealand are relative to the Maori, immigrants, but a majority. The Celtic Irish are relative to the English, indigenous, but a minority in the British Isles. In Ireland, however, they are a majority. The position in Cyprus, between the Greeks and Turks, is more complex. Before the Turkish conquest (Circa 1468) the Greeks were a majority. However, not being aboriginal, they were immigrants. Under the Turkish occupation, the Turks became the majority, by immigration. After British occupation (1870) the Greeks became the majority again, as immigrants. Neither under Turkish nor British rule was there any state colonization by either Turks or Greeks. However, in Ireland there was state colonization of Ulster by English Protestants. Unlike in New Zealand where the whites and the Maori are interspersed, the Celtic Irish and Turkish Cypriots inhabit a contiguous territory, where they are the majority similar to the Sri Lanka Tamils.
The cases of the Celtic Irish and Turkish Cypriots are analogous to that of the Sri Lanka Tamils. Minority groups have a greater difficulty in gaining recognition as individual entities where they live in islands which are single states than in single mainland states. This has been a shared experience of all three of them.
The British who were quite prepared to concede dominion status to the white colonies, including South Africa, with its difficult Boers, could not reconcile themselves to self government for the Irish, which they regarded as the first step in the dismemberment of the "unity and integrity of the United Kingdom." Since this belief had no basis in fact or logic but was a mere emotional reflex deriving from a mis-perception, it admitted of no argument or reasoning and, hence, placed the liberal and democratic Irish leadership in a quandary. It took a World War and enormous losses and bloodshed on both sides, before Irish independence was grudgingly realized in 1922, leaving a trail of bitter memories. More relevantly, it gave rise to "terrorism" which we see around us and all over the world.
The Greek Cypriots, being the majority, took control of the state with independence in 1960. Disregarding the lessons of history and geopolitical realities, they identified the Turkish Cypriots as an "immigrant minority group" and proceeded to deal with them accordingly, applying the "solution of the majority," referred by Ven. Dr. Rahula Thero. The Turkish Cypriots, as a proud people, mindful of their heritage, resisted and appealed to Turkey which possessing a greater military capability than Greece, and availing of U.S. neutrality, entered Cyprus in support of its co-linguists and co-religionists, resulting in the setting up of the Turkish Republic of Northern Cyprus (TRNC) in 1983.
There are lessons to be learned from these experiences. The Celtic Irish were not a minority in Eire, nor were they immigrants. The Turkish Cypriots were not a minority in the TRNC, nor were they any more migrant than the Greek Cypriots. Likewise, the Sri Lankan Tamils are not a minority in the North and East. They are not immigrants in those areas any more than all groups, other than the aboriginal population, are in other parts of the island. As such, even within the parameters stipulated by those who deny the claims of the Sri Lankan Tamils, it must be conceded that these claims are admissible.
The trend now appears to be that our Trade Unions are more interested in National Policy matters like privatization than their terms and conditions of employment.
In this connection it is apposite here to refer to the definition of a Trade Union as found in the Trade Union Ordinance. "Trade Union" means any association or combination of workmen or employees whether temporary or permanent having among its objects one or more of the following:
a) The regulation of relations between workmen and employers or between workmen and workmen or between employers and employers or
b) The imposing of restrictive conditions on the conduct of any trade or business or
c) The representation of either workmen or employers in trade disputes or
d) The promotion or organizing or financing of strikes or lock-outs in any trade or industry or the provision of pay or other benefits for its members during a strike or lock-out.
The above are objects of a Trade Union as spelt out in our Trade Union Ordinance. One may wonder whether if the objects of forming a Trade Union are as enumerated above by statute, can trade unions have as their objects, issues such as privatization or any other matter such as the foreign policy of the Government. In other words can a trade union have a dispute with the employers on policy matters of the state?
Here the interpretation of a trade dispute, as given in the Trade Union Ordinance becomes relevant. The definition "Trade Dispute" means any dispute or difference between employers and workmen or between workmen and workmen connected with employment or non-employment or the terms of employment or with conditions of labour of any person.
In defining what an industrial dispute is, in our Industrial Disputes Act, the following addition is found after the last line of the above para as follows: "Or the termination of the services of any person or the reinstatement in service of any person and for the purpose of this definition workmen includes a Trade Union consisting of workmen.
In the proposed National Workers' charter as to what a trade dispute has not been defined, but it ensures the right to form a Trade Union by everyone and the right of joining a Trade Union for the protection of one's interests.
Going by the above provisions a trade union can have the following objects in order to fight for their rights including strike action on any matters connected with their employment or non-employment and terms and conditions of employment. These matters would be
(1) Termination of service of an employee
(2) Request for reinstatement of a dismissed employee
(3) Terms and conditions of service such as salary, promotion, transfers, retirement benefits, bonus, allowances, leave benefits, welfare measures
(4) Recognition of a Trade Union
(5) Settlement of grievances.
The Trade Unions have every right on the above matters to take direct Trade Union action to stage a strike as a last resort after failing in all their attempts to resolve the deadlock with their employers.
Now the question arises whether a trade union can call out a strike on other matters such as matters of state policy like privatisation. Although such a strike does not offend the laws of the country, it amounts to unions traversing on prohibited territories. Trade Union action of this nature is unethical or immoral.
This does not mean that the members of Trade Unions should be barred from making their protest, if they do not see eye to eye with the Government privatisation programme. They are at liberty to organize protest meetings if they feel that the family silver is to be disposed of for a song but surely not as members of a trade union with the threat of strike action. They can exercise their democratic right of condemning any policy of the Government without holding the country to ransom.
D.P. Gankanda,
Polgasowita.
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This island nation must strive to emerge from the long-drawn turbulence which had seriously eroded the economy, educational values and social life of the country. The retrogressive effect is colossal and cannot be evaluated in money. In the international arena, it has lost its image and credibility. While the other countries in the region are making tremendous economic progress, Sri Lanka is trailing 50 years behind them, with its productivity at a low ebb and national income fast dwindling.
Had this country averted communal strife and the internecine war which afflicted it during the past two decades, it would have progressed as one of the richest nations in the Third World. Very few countries in the east have the geographical centrality, oceanic facility and the economic potentiality this country is bestowed upon. Nature has favoured this country with a bounty of pleasing environments to be ideal tourist attractions. These resources, which are indispensable for the money-spinning tourist industry have not been exploited fully.
Foreign investors shun us, because of the unfavourable political climate tormenting this country indefinitely. While Third World countries like China, Philippines, Thailand and Bangladesh are able to market their consumer goods in the West, Sri Lanka is unable to look beyond its tea which is already in the grip of a slump.
These matters should concern not only the politicians who are masquerading as patriotic sons of the soil, but also the common man who holds in his hands the reins to determine the fates of these politicians. So long as the politicians continue to 'play' politics with the ulterior motive of capturing political power by hook or by crook, this country cannot be salvaged from its predicament. If the politicians are unscrupulous they will choose to be wrong for the sake of being different and will care little for the country's long-term interests.
The ethnic problem is a national issue and it has to be solved with a general consensus and understanding of all concerned. It is disgusting and distressing to find the UNP trying to torpedo the peace package by their crafty 'turns and twists' with an eye on the next General Election. Many who expected Ranil Wickremesinghe to be un-emotional, reasonable and conscientious, are disappointed. He seems to be in the firm grip of scheming politicians who are only concerned about their future in politics.
The desire to keep the minorities subservient to the majority 'like creepers embracing the trunk of a tree' (President Wijetunga's famous wisecrack) will always keep the minorities guessing as to what is in store for them in the body politic. They will be kept away from their feelings of attachment to this country as their motherland.
An awakening of Sinhala nationalism was, no doubt, necessary and inevitable soon after independence, but not at the cost of dissensions caused by flagrant discriminations aimed at minorities to please the majority. Some politicians still think, the more they project themselves as champions of Sinhala nationalism, the better are their chances to captivate the minds of the masses and gain popularity. They placate the Buddhist clergy believing them to be the remote control of political power.
The flaming ideal of Buddhism is righteousness and the Sakyamuni said, "never in this world does hatred cease by hatred, hatred ceases by love... victory breeds hatred, for the conquered is unhappy." Buddha's Dharma is philosophy of love; and it is disheartening that the persons who should be preaching these ideals are strangely demonstrating hatred, the very opposite of what the Great One taught. Buddha urged his disciples and followers to overcome anger by kindness, evil by good and certainly not to launch a crusade to protect His philosophy.
We have had enough of bloodshed and this country cannot endure it anymore. Right-thinking and civilised people eschew violence.
To put the house in order, a general re-thinking and remorseful re-adjustment must spontaneously emanate from all quarters. Keeping the minorities happy and contented, is the best way, and perhaps the only way, to protect the interests of the majority and march the nation together towards peace and a prosperous future. Sensible and far-sighted persons will always think of the solidarity of the nation and not encourage racism and religious bigotry. The minorities must not over-play minor issues, but must yield, in a sense of good faith, to a process of negotiation and compromise.
The Tamil leadership must appeal to the LTTE to give up violence, to accept the general amnesty conditionally, and to indicate their willingness for a dialogue. The Tamil people have had enough of violence and misery, that they will not tolerate gun-culture in their midst anymore. This trend is apparent from the change of attitude of the people who have returned to the peninsula. Of course, this development may be negated at any moment by the unruly behaviour of the bad elements in the Army.
The Tamil political parties must appeal to the Sinhala masses through the media and explain their aspirations and the sense in their agitations. The average Sinhala man is not unreasonable by nature. The politicians have been constantly kindling the communal flame as a vote-catching mechanism to achieve their ends. Now the man at the village level is beginning to understand politics in its correct perspective.
The Tamil leaders rushing to meet the Chief Minister of Madras is a childish jibe, and it is this behaviour which disturbs the mind of the Sinhala man. Every time the South Indian politicians try to make common cause with the Tamil emotions in Sri Lanka, it promotes the preservation instinct and a regional bias in the Sinhala minds. Such gestures should be astutely avoided. The problems facing this country are not such that they cannot be solved by human endeavour.
Livestock breeders of the Batticaloa District are happy to learn that the Indian Dairy Development Board has signed an agreement with the Minister of Trade & Commerce to provide an aid package worth US $ 500 million and 100,000 cows to boost the milk industry in Sri Lanka.
The veteran Indian scientist Dr. Kourian, who has contributed immensely towards the development of the Indian milk industry to reach its present self-sufficiency status, is here in Sri Lanka to provide the necessary expertise and technical know-how.
The Batticaloa livestock breeders, who are contributing a major share to the country's milk industry, are very anxious to associate themselves with Dr. Kourian to discuss matters relating to the milk industry and hope that the Minister of Trade and Commerce and Livestock and the Chairman MILCO will help the breeders' wish to materialise.
Batticaloa District has high potential for animal husbandry. The 45,000 acres of reserved pasture lands, 300,000 acres of forest reserve, 145,000 acres of paddy lands that lie fallow after Maha harvest between March to September, tank beds of 17 major tanks and "Villus" provide sufficient pasture right round the year for cattle in this district.
We had about 165,000 heads of neat cattle and buffaloes and our daily milk production was about 18,000 to 20,000 litres of milk. But today, we have a degenerated cattle population, producing about 7,000 to 8,000 litres of milk per day. It is reported that Sri Lanka is annually importing milk to the value of six million rupees, but this annual expenditure is likely to increase with our increasing population. It is therefore necessary that we should take effective steps, almost immediately, to step up milk production.
Apart from milk, we have about 19,000 small holdings between 1 to 5 acres and these small holders require each a pair of bulls for ploughing and for cart. About 200 animals are slaughtered daily between Polonnaruwa and Pottuvil. The paddy farmer and the fishermen and even the coconut pluckers are assisted in various ways and are given a pension at old age. But the livestock breeder, who is producing animals for milk, draught and meat is completely neglected, forgetting the fact that he is also contributing a major share to the country's economy.
When normalcy resumes, which I presume is not far off, every inch of land will be cultivated and large-scale reforestation schemes will be opened up. This will automatically reduce grazing facilities and therefore it is imperative that we should gradually reduce the cattle population by upgrading the existing stock to step up milk production. To achieve this, I suggest the following be done:-
1. Increase the price of milk and make arrangements to purchase milk direct from the producer by eliminating the middlemen, as far as possible.
2. Issue a proportionate quantity of cows out of the 100,000 that are coming from India on the aid scheme to the breeders of this district.
3. Stud Centres be established at Kopaveli, Unichchai, Rugam, Mavadiodai, Punanai, Panichchankerney, Kathiraveli, Adachahal, Kandian Aru and Vellakal Thalavai, where concentration of large herds are found. Pure-bred bull calves and buffalo calves be issued at the rate of five animals per stud centre per year and this process be continued for three successive years so that at the end of three years, there will be 150 pure-bred studs in all the ten stud centres in the district. This will automatically upgrade the existing stock and enhance milk production, thus increasing employment opportunities to many and raising the economy of the country. The Provincial Director, A. P. & H, Dr. K.C. Somapala, who is keeping the livestock industry alive in this district, has promised speedy action on this, but may postpone activities due to lack of funds. I humbly request that the necessary funds be released from the Indian Aid for this purpose, and the President will be good enough to direct the officers involved in this to take speedy action.
It appears that the so-called official protectors and conservators of wild life are hell bent on chasing the large Handapangala elephant herd from their natural abode which is their birthright. At a time the entire country and particularly the dry zone is undergoing a severe drought and drought conditions are predicted in the future, it is a national crime to deprive the herd their daily visits to the Handapangala reservoir for drinking, bathing, fun and frolic, which has been a way of life of this mighty herd with several young ones.
The herd has been cornered in a teak forest without being able to move to Yala and back due to the high-handed robbery of their land by the then regime, sans any sort of planning, making way for the movement of trapped animals by way of corridors.
They are without sufficient food and naturally the starving animals will feed on farmer cultivations and the sugar cane. It appears that selfish, greedy, cunning politicians and officials are scheming to chase the elephants for sinister ulterior motives that will ultimately lead to the destruction of this herd just as in the case of the mighty Maduru Oya herd.
The proposed cruel drive of the Handapangala herd from their habitat should be vehemently condemned by all nature and animal lovers in this country and it is time for individuals and societies concerned to come together and campaign against this cruel drive both within and outside Sri Lanka.
We fervently appeal to the President to immediately stop the utterly cruel proposed drive and give back the land (proposed Corridor) that rightfully belong to elephants once, again.
I wish to draw your attention to the following paragraph published as part of the interview of Roshan Peiris.
"My conviction and that of many is that he should resign now." I have never requested Comrade Bernard to quit immediately.
I hold the position that none of our Party leaders should hold posts as Ministers of this government. But the LSSP as a Party has not yet decided on this matter. I also think that our leader should not have accepted a post as a Minister from the very beginning. But I did not state that he should resign forthwith as this is a matter for the LSSP to decide.
Furthermore I also said that we will not allow this government to collapse which is independent of the issue regarding holding Cabinet Posts or not.
Ms. Roshan Peiris who interviewed Vasudeva Nanayakkara says:
To my question shouldn't Bernard resign now?, the answer was "Yes, that is my conviction too and that our leaders must not hold positions in this government..." etc.
I stand by my story.
More letters to the editor - Travails of the poor litigant * What is national: Sri Lankan or Sinhala Buddhist? * Trade Unions cannot hold country to ransom over Govt. policy matters
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The LSSP has called for an urgent reorganization of public bus services, saying the recent fare hike without an improvement in services, has only heaped, more burdens on a suffering people.
In a statement analyzing the root causes of the ills in the public bus service and suggesting practical remedial measures, the LSSP said.
It is a fact that the public transport system is very unsatisfactory and that travelers are suffering as a result. In particular buses are not adequately available outside peak hours and even when they are available they are overcrowded. It is therefore, unfortunate that when the service is in such a bad state, the government has been compelled to partially accede to the demand of the private bus owners to increase fares. The government has agreed to allow a 15% fare increase as opposed to the 35% demanded by the private bus owners.
In order to keep the buses on the road in a situation where there has been no increase of bus fares since 1990, the present increase in fares is inevitable to meet the rising costs brought on by inflation. But such a measure alone would only heap further burdens on the already suffering traveling public.
The LSSP is strongly of the opinion that the quality of the transport service must be improved as soon as possible by organizational and structural changes and that a mere increase of the bus fares will not achieve this result.
The deterioration of the public bus service began with the UNP government disbanding the unified CTB and breaking it up into 93 units called the "Peoplised Bus service". The planned, coordinated and regular provision of bus transport for the public broke down as a result. The fragmented private bus service hastened the collapse of the CTB services and led to a breakdown of management due to trained graduate staff leaving. However, having privately owned buses, most of which are single buses operated by one owner, is a highly inefficient system and is responsible for buses operating mainly at peak hours with few buses at other times.
The above system that the UNP introduced does not work anywhere else in the world and is the root cause of the present chaotic situation. Even in the United States of America the City Municipal Corporations run the Urban bus services and big private companies run the intercity services.
The LSSP appeals to the government to constructively undo the damage done by the UNP to the public transport system and also expedite the reorganization which alone can provide a basis for a lasting solution to the problems facing the traveling public.
Lankan journalist and author, Rohan Gunaratna will speak on the "Challenges facing security in South Asia" at the 16th General Conference of the International Peace Research Association (IPRA) in Brisbane, Australia on Tuesday.
IPRA, the world's largest body of researchers, scholars, officials and activists working on war and peace issues, is a US based organization with its headquarters in Germany.
The conference speakers will be the 1995 Nobel peace laureate Joseph Rotblat, 1992 Nobel peace laureate, Rigoberta Mench Tum, Amnesty International President, Ross Daniels and UNESCO Director General, Dr. Federico Mayor.
Mr. Gunaratna will address the IPRA plenary on peace building in the Asia-Pacific region.
The second officer of a Cyprus registered cargo ship was found dead inside a bathroom of the vessel when it anchored at the Galle Port, an inquest was told yesterday.
The officer, a Polish national, identified as Crudzinski Cryzsztos (36) had reportedly committed suicide by hanging himself with a nylon code.
The inquest was held by inquirer N. G. Arambewala and the post mortem by Acting JMO, L. V. M. Fernando. A verdict of suicide was recorded.
Businessmen in Orugodawatte who complained about the deplorable conditions of the area said there had been no action still by the Kolonnawa UC and that they continue to work under trying conditions. These were spotlighted in 'The Sunday Times' last week.
UC Chairman, C. Dias told 'The Sunday Times,' the main access road came under the Urban Development Authority and once these roads were handed over to the UC, action would be taken. He said water stagnation was due to the Telecom laying cables and it was the duty of that department to properly close the holes.
The Chairman denied there was any illegal slaughter house in the area or any place that burnt animal hides. He also claimed garbage was collected daily by the UC.
The premature baby unit of the Matale hospital has been closed following the deaths of 14 infants in just 11 days.
Hospital authorities probing the cause of their deaths have sent specimens of blood and water to the laboratory of the Peradeniya Medical College for Examination.
Several countries which pledged support to rebuild the war-torn northern province have said that they want to inspect the areas earmarked for rehabilitation before they make any firm commitment according to Somapala Gunadheera Chairman of Rehabilitation and Resettlement Authority of North.
Mr. Gunadheera told The Sunday Times while some countries were willing to fund the rehabilitation projects without any pre-requisites, others had laid down conditions.
So far none of the donor countries has specified the amount they would give. A Western diplomat said they would channel their funds through the World Bank. But Resident Representative of the World Bank in Colombo said no country had reached them in this regard.
Health Minister A. H. M. Fowzie has told medical students not to dictate terms to him and denied allegations that the Ministry was training some 600 AMPs to do the jobs of doctors.
Two officers of the Government Analyst's Department flew to Jaffna yesterday to join in the probe of Thursday's suicide bombing in which 23 people were killed, Chief Analyst Y. Mahesan said.
The explosion was aimed at Housing Minister Nimal Siripala de Silva but he escaped with minor injuries.
Prime Minister, Sirimavo Bandaranaike and her son, Anura made a brief visit to the home of Sri Sathya Sai Baba and spent about six hours there, under tight security.
Ms. Bandaranaike and her family members were given a private audience by Sai Baba. She also participated in the bhajans.
The special Indian Air Force AVRO aircraft carrying the Prime Minister and her entourage landed an hour and a half later than scheduled at the Sri Sathya Sai Airport.
She was received by the Sri Lankan Deputy High Commissioner Gautamadasa, the District Collector, P. Sundara Kumar, Inspector General of Police (Rayalaseema region), Alagar, and other top officials.
Following threat perception by the officials, security arrangements for Ms. Bandaranaike's visit were at their peak. Barring officials on duty, no one was allowed into the airport though presspersons protested. Senior police officials relented and later allowed a handful of photographers onto the tarmac.
The entire seven km route from the airport to Prasanthi Nilayam was sealed off and not even pedestrians were allowed to move for about two and a half hours, inconveniencing other devotees visiting this abode of peace.
She looked frail and tired but managed a smile on appearing from inside the aircraft.
As the aircraft took off to Madras, senior officials heaved a sigh of relief, for they had been on the job round the clock for the past three days preparing for the VVIP visit, ensuring that no trouble arose on any front.
Following a message suspecting that half a dozen members of the LTTE had proceeded to Puttaparthi, a red alert had been sounded and security was heavy.
Of the power plants so far contracted, only the 27 MW Aggreko plants at Katunayake and Ambatale are in operation. Others will take between one to three months while the Gas Turbine will take eight to nine months to be commissioned and the barge about six months, according to the CEB Contingency and Long Term Plan, of June 1996.
The contingency plan is to meet power needs when rains will be minimal in the coming 100 days. On the above assumption one can expect a minimum of 2GWH from hydro generation and an average of 3 GWH from Kelanitissa and Sapugaskanda Thermal Power plants.
Negotiations are underway to hire for seven years a barge mounted power plant to be commissioned in November this year. This would generate 50 MW.
Under the incentive programme for self-generation of electricity to the commercial sector, it states that all enterprises registered as a consumers of CEB/LECO (Non-BOI) whose contract demand is not less than 50 KVA are eligible to be considered under the scheme.
All such enterprises that become eligible under the scheme are permitted to import generators and obtain a grant.
Some banks have been issued Rs 20 million each to disburse to enterprises for the import of generators. This will be on a first come first served basis.
Under the heading interim action, the plan states that kerosene lamps, candles, wicks, kerosene oil should be available to meet a worse situation.
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The local textile industry provides direct employment to around 100,000 persons and indirect employment for another 50,000 families. Textile Mills were set up with the twin objectives of employment generation and to save foreign exchange for the country. In the past, high protection was given by import licensing and also higher import duties.
The new economic policy of the U.N.P administration initiated in 1977, began to dismantle import quotas, but continued with licensing, while progressively reducing the import tariff rates. Specific cum advalorem duty was levied to counter under invoicing and also import of stocklots from Singapore and Bangkok. Couriers who brought textiles from India had to be content with narrow personal effects. The textile industry failed to keep up with changes in technological changes elsewhere due to very low surp lus basically due to heavy income taxes, which in the hands of a company and its shareholders amounted to nearly 90 percent. The argument that the industrialists reaped heavy profits behind a tariff wall and license control system is just hollow.
The Presidential Tariff Commission, appointed in 1990 made recommendations on tariff reduction, removal of license, control in an orderly manner to avoid shock treatment. The industries were given time to modernize. The producers accepted the realities and sought assistance, by way of lowpriced term loans to modernize their units. They estimated that nearly US$ 150 Million are needed urgently to modernize these units. They quote the example of Japan, where the Government gave an outright grant for moder nisation of textile mills and as a result Japan leaped to the forefront in textile manufacture. In the absence of such assistance, manufacturers demanded at least an acceptable tariff protection and also a revamped customs administration to combat under invoicing, smuggling and leakage by BOI approved garment manufacturers.
The Alliance Government reduced the tariff rate to 35 percent. The customs duty surcharge to protect handloom weavers was removed. Permission was given to the garment exporters to sell 10 percent of their exports in the domestic market, a policy that virtually killed the local producers. A survey reveals that apart from leakages, even local sales have not borne the customs duty of 35 percent. Daily, textile products are brought from Madras, Trichi and Trivandrum. There is hardly any customs checking. The daily loss of revenue is over Rs.1.5 million. One can easily see this happening at the Airport.
The Government also assured the Textile manufacturers that a preshipment inspection will be implemented in 1996 to arrest customs malpractices. Although offers have been called it is understood that the scheme will not see the light of day.
The then Secretary to the Treasury, Mr. A. S. Jayawardena also assured the textile manufacturers, that loans will be given to them at 8 percent per annum, on their overdue loans. This has now been changed to longterm loans. Although 8 months have passed, the "Interest subsidy" has turned out to be a mirage.
Several manufacturers who were interviewed, expressed their dismay and utter frustration. They pointed out that the industry is folding up due to incompetent policy management. Relief measures that have been agreed upon just remain on paper. They also pointed out that developed countries protect their industries and more importantly jobs. America the high priest of free trade policies protects its textile and leather industries with import quotas. Auto manufacturers are protected through voluntary expo rt restraints, particularly on Japanese exports.
As regards the dairy sector, it is estimated that on an average it costs the American tax payer US$ 10,000 to maintain a cow. Producers of wheat are given subsidy for noncultivation. Exporters of wheat are again subsidized. Japanese farmers produce rice for the home market at US$ 1,000 or more per M/T whereas the world market price is US$ 250 per M/T.
Auto pilots who are in charge of fiscal policy should be guided by national, economic profitability and not just be directed by the IMF and the World Bank, whose interest lie not with poor countries like ours. But with that of the developed countries. Blind acceptance of IMF/World Bank prescription can lead to severe socio-economic problems. Rice produced in Sri Lanka is costly. Free market riders may even recommend that we import rice from Vietnam. We have to adopt a sensible longterm strategy to ma ke agricultural production competitive but not short-term costly policies. Will the Government tell the country what their policy is. Textile quotas are to be phased over a priod of 15 years. Will the uniform tariff of 15 percent announced last year to be implemented soon be an economic disaster?
Current status of the textile industry is perilous. There are three Spinning mills and one is already closed down. The other two may follow suit. Work in these mills have been sealed down and a number of workers have been laid off. Two of the larger weaving mills have posted losses of Rs.290 million in 1995. Stocks are mounting due to fall in demand, ascribed to the tight monetary policy implemented from mid 1994. It is also reported that 43 weaving centers have put up shutters.
Cyntex and Jafferjees, largest producers of fabrics are feeling the full disastrous impact of unsound industrial and financial policies. Already a number of employees have been laid off. Similarly, it is reported that Kuruwita and Hybrite Mills have closed most of the weaving sheds and are contemplating closure of the rest. On top of mismanagement comes the impact of power cuts, which adds further burden. Can manufacturers pay wages without production and trade?
Manufacturers are desperate and say promises are made and they continue to be excellent on paper. But incompetency in all areas of policy and administration will throw thousands of workers on to the roads.
Situation is very serious but alas Nero continues to fiddle!
Back in February 1993, a beleaguered UNP Government under international siege regards its atrocious human rights record hit upon a brilliant idea. The formation of a National Human Rights Commission would lessen some of the pressure emanating from Geneva and New York, they reasoned. The idea had already been discussed at the All Party Conference in 1990 if only needed giving effect to.
It took till January 1994 however for the Cabinet to order that draft legislation be prepared for this purpose. When the elections of August 1994 swept the PA into power, the papers were still to be finalized. The new Government eager to proclaim its purity, was only too happy to push through the necessary legislation. In August 1995, the Human Rights Commission Bill was presented to parliament. Come this Tuesday, it will be debated in the House to the inevitable hosannahs of the Government and the inevi table breast beating of the opposition.
But what of the Bill itself? Could it be hailed as being sufficient to set up a powerful, effective and independent body that would gather all the already existing human rights mechanisms in the country under its wing? One cannot be too wildly enthusiastic when one looks at the piece of legislation currently before parliament. When the Bill was first presented to parliament, it was met by a storm of protests from human rights lawyers, academics, activists and pressure groups islandwide who took very stro ng exception to certain clauses in the Bill. It was then referred to a standing committee which suggested incorporating some of the proposed amendments. Many of the important changes have however still not been made, claim disgruntled rights activists in the country.
For a commission of this nature to be worth more than the paper it is written on, certain important criteria has to be satisfied. It has to provide relief in a quicker and more effective manner than our over worked law courts, yet not usurping the work of the courts.
It must possess the powers needed to accomplish this task and it must not only be independent but must be seen to be independent.
How does the proposed commission fare on these tests? The commission consisting of five members is given the power to monitor executive and administrative practices, investigate complaints of fundamental rights violations and advise the government on how to comply with international human rights standards. Note the difference. The commission can only inquire into "fundamental rights" violations, not "human rights violations". Fundamental rights are only those rights declared and recognized in our constit ution, whereas human rights are those rights set down in the international covenants on civil and political rights and social and economic rights.
Fundamental rights are therefore very much narrower than those human rights set out in the international instruments. But one is hard put to understand why the commission has not been given the power to investigate and inquire into human rights violations as well. Perhaps the framers of the Bill were wary of opening the floodgates. But this caution is highly overrated. In the first place, the commission by its very nature will only conciliate and mediate regards the alleged rights violation, not engage i n spectacular decision-making. Therefore, widening of its mandate would not invite any dangers. Secondly, the PA Government itself is pressing forward a constitutional package that includes a whole host of new rights such as the right to life, right to property and freedom of privacy. The aim is to make our Fundamental Rights chapter more in tune with international standards. In this context, widening of the mandate of the commission can only demonstrate the credibility of the government.
In any event, having the commission only investigating fundamental rights makes it a needless duplication of the supreme court which is already empowered to look into fundamental rights violations. Moreover, why then call this commission, a Human Rights Commission? One should rather call it a Fundamental Rights Commission.
Other problems with the mandate of the commission are apparent. The Commission can only look into executive and administrative action that might constitute a fundamental rights violation. Again, this is a duplication of the already existing constitutional provisions, the commission has not been given any wider powers. The alternative could have been to give the commission the power to inquire into state action as well. This is a much wider area than executive and administrative action and in the United States for example, violations of rights by private individuals affecting the public interest has been held to come within the term "state action."
The Bill does allow the commission to proceed against private groups in one instance. The commission is given the power to investigate a fundamental rights violation that has arisen as a result of an act of terrorism arising under the Prevention of Terrorism Act. Terrorist groups therefore are brought within the ambit of the commission. While the urge to hold terrorists responsible for their brutal acts is understandable, one cannot help but wonder at the effectiveness of such a provision. Is the commiss ion expected to mediate with or conciliate such groups? What kind of effective recommendations can the commission make with regard to these groups? Does not adequate provision already exist in the law to deal with these issues - what can the commission hope to achieve more?
So much for the mandate of the proposed Human Rights Commission. A closer look at its powers will now be appropriate. The commission can look into allegations of fundamental rights violations without requiring a formal complaint. Complaints can moreover be forwarded by a group of persons acting on behalf of the victim where a rights violation is discovered to exist, the commission can attempt to solve the matters by conciliation or mediation. Where this is not possible, the commission may recommend suita ble measures to be taken that includes referring the matter to court. Persons to whom such recommendations are addressed are required to report back to the commission on the action taken. Where there is failure to submit such a report or the report is inadequate, the commission is empowered to submit a report to the President who is bound to place it before parliament. The commission can therefore recommend and no more. Its enforcement powers are non-existent.
Apart from this, the investigation powers of the commission should not be limited to individual complaints. Instead, it should be able to investigate large scale incidences of human rights violations in any part of the country at any given time, as for example the Embilipitiya disappearances. This would relieve the government of appointing adhoc commissions to investigate these matters whenever the need arises. Moreover, the commission should be specifically given the facility of an independent and effec tive - investigating unit for this purpose. At present, though the commission is given the power to investigate, it is not clear in practice how this is to be done. Obviously, the police cannot be expected to be given the responsibility. The Bill should therefore provide for independent investigative machinery.
Coming to the provisions of the Bill dealing with the independence of the commission, again one finds many omissions pointed out by human rights groups that have not yet been rectified. To be a member of the commission, it is necessary only that one should have "knowledge of or practical experience in matters relating to human rights". Rather it was suggested that the stricter test of having "proven expertise and competence in the field of human rights", be adopted. The suggestion has not been accepted.
Again, it was pointed out that the method of appointment of the members is unsatisfactory. Right now, the Bill provides that the members be appointed by the Constitutional Council which is an adequately representative body. However until the Council is established, the members would be chosen by the President, the Prime Minister, the Speaker and the Leader of the Opposition. Appointment is therefore unduly political. The appointment process should instead have the participation of the judiciary as well as independent non political persons and bodies reputed in human rights issues.
In general, although the Human Rights Commission Bill has been under review for quite sometime, it is apparent that there are still some glaring deficiencies to be corrected. While the willingness of the government to accept criticism and comment has to be acknowledged, a greater flexibility in actual implementation of these criticisms and comments might be welcome. At present, the Human Rights Commission Bill does not possess any special aura that distinguishes it from other laws setting up other commis sions in the past. Sri Lanka has been a multitude of such institutions. The Human Rights Task Force, the Human Rights Center of the Sri Lanka Foundation Institute, the Commission for the Elimination of Discrimination and Monitoring of Fundamental Rights and the Commission on Involuntary Disappearances are only some of them. All these commissions, committees and bodies set up in a merrily uncoordinated manner have been hampered by inadequacy of power, resources and funds. Ultimately, their reports lie forlor n in some bureaucrats' desk.
Perhaps it is time that the Sri Lankan Government takes a closer look at what really constitutes a healthy human rights policy. In its recent comments on the situation in Sri Lanka, Amnesty International, the reputed human rights watchdog body pointed out that though the creation of a Human Rights Commission is important, it can never replace safeguards provided by an independent, impartial, adequately resourced and accessible judiciary. This should go hand in hand with a thorough review of existing secu rity measures and legal remedies such as fundamental rights and habeus corpus petitions. Most importantly, an independent machinery into the investigation of human rights violations should be established, other than the police.
The need for this has been felt for a long time. It has even been suggested that there should be a Public Prosecutor of Human Rights Violations. Ideally, the Commission shortly to be set up could have been entrusted with this task. The Bill however does not appear to invest the commission with such a responsibility. A determined government policy aimed at holding perpetrators of human rights violations fully accountable is also necessary. At present, State lethargy in prosecuting these offenders continue unchecked. In 1994, the Supreme Court recommended disciplinary action against 46 police officers found guilty of human rights violations. There is no information regards what steps have been taken in this respect. In one judgment given after examining six fundamental rights petitions, the Supreme Court declared:
"It is not once or twice that we ordered the IGP to take action against errant police officers but the IGP has not acted on Court Orders excepting in one case where a Sub Inspector was dismissed from service. To give him another order would be to make the judiciary a mockery."
A coherent and comprehensive national human rights policy is aimed at establishing accountability for past human rights violations and the prevention of abuses in the future. Setting up a body which claims the grandiloquent title of "Human Rights Commission" and little else will not further such a policy. Much more needs to be done if the tears in our national human rights fabric are to be fully mended.
It was Alexander Lebed's victory as much as President Boris Yeltsin's. Besides Mr. Yeltsin is a sick man. So General Lebed may call the shots. Just a week before the polls, a panic-stricken President dismissed seven generals, all outspoken critics of the Yeltsin administration and its attitude to the armed services. In the next few months, we may be hearing more about Alexander Lebed and the army than about President Yeltsin's cabinet. And needless to add, about an economy in pretty bad shape. Financial stabilization had not yet delivered the promised economic revival, and GDP in May had contracted by three percent compared with May last year, admitted Mr. Yebgeny Yasin, the Russian Minister of Economic Affairs.
The same report by correspondent Chrystia Freeland said industrial production had dropped by four percent. Though inflation had been contained, and the IMF targets met," capital flight out of Russia had increased over the past few months. "Will the investors return now that Gennadi Zyuganov and the "red menace" have been crushed or their menacing advance halted?
The fate and fortunes of President Yeltsin's second term will be decided by how well the Russian economy will be managed, and the flow of foreign investment, and the confrontation, quite predictable, of the Yeltsin Presidency, and a Parliament dominated by Communists, nationalists and other hostile parties. But we cannot possibly neglect a major subjective factor, a factor that proved its importance in the election campaign - the President's health and his capacity to govern a far from stable or settled Russia. Speculation and rumours may have lost President hundreds of thousands of votes. More critically, it made General Lebed, his National Security Adviser, the key decision-maker. And Lebed's power-base, for obvious reasons, is the army, where he seems to control a faction, the upper echelons. President Yeltsin sacked (or was advised to sack) seven top generals. And these generals had been branded "Grachev loyalists", meaning trusted supporters of General Pavel Grachev, the Russian Defence Minister no le ss! It was a purge, old-style. Among the casualties were the head of the Foreign Intelligence Service (F.I.S.), a re-organised K.G.B. Another causualty was the boss of the Presidential Guard.
With President Yeltsin hardly able to do a full day's work, the new pro-Lebed service commanders would now control "internal security". The 'rebels', all Grachev loyalists, included General Victor Barynkin, first deputy head of the General staff, General Vladimir Shulikov, deputy commander of the land forces, and General Lapshov, head of the Defence Minister's personal staff. The rank of these "purged" rebels or dissidents, suggests how seriously this pre-election initiative of the National Security Advi ser should be taken by all students of the current crisis. And the crisis will not be resolved soon or smoothy, President Yeltsin's convincing 54% notwithstanding. President Yeltsin's health and the condition of the national economy will shape political developments in the immediate future.
Communism has made quite a strong come-back in some of the eastern European countries, former members of the Warsaw Pact and COMECON but better known in a western media influenced by the Cold War as "satellites". The Commonwealth of Independent States (CIS) were disturbed by certain remarks made by candidate Zyuganov during his election campaign.
Eastern Europe has advanced much further on the road to economic reform and adopted western parliamentary practice. "We are horrified to think that the Russian people may be carried away by the nostalgia for the past."
But the past has expressed itself strongly enough to win a forty per cent vote. It would be foolish to ignore that fact.
Russia is not a superpower, except militarily. But does the concept of a one-dimensional superpower make sense? Russia's nuclear status, its military strength and vast resources qualifies it to membership in any Big Power club. But we are dealing here not just with "security" as defined by pundits on security - national, regional or global, but mass psychology, in this instance the mind-set of a people who have watched the collapse of the mighty Soviet Union. Gennadi Zyuganov's advisers were smart when t hey proposed that he should be the candidate of a National Patriotic bloc. National, patriotic both words seek to answer the problem of insecurity and pride. It was President Carter's National Security Adviser Zbigniew Brzezinski who argued in the Nyk Times that "Mr. Yeltsin's presence at a Group of Seven (G7)" satisfies a craving for continued status as a world power, and Moscow officials have begun calling the meeting the P-8, Political Eight", instead of Group of Seven.
President Yeltsin has won comfortably. But the challenges that face him are monumental, from the economy to Chechnya. For that gigantic failure he blamed the Russian army, and General Grachev personally. Mr. Yeltsin has no scapegoats, no excuses now. He must crush the secessionist Chechen uprising. It won't be easy. Or will he have the courage to give the Chechens a free choice?
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Housing Minister Nimal Siripala de Silva, injured in a suicide bomb attack in Jaffna on Thursday, has vowed he will go back to the war-torn city help rebuilding it.
What began as a happy occasion with the massive reconstruction and rehabilitation programme in Jaffna getting underway, ended in nightmare for many when a woman suicide bomber tried to assassinate the Housing, Construction and Public Utilities Minister Nimal Siripala de Silva, killing more than 20 people and leaving at least 50 others wounded, on Thursday.
The Ministerial entourage had left Colombo by air at about 7.45 a.m. on Thursday. About 9 a.m. they reached Palaly where they were met by Northern Commanding Officer Srilal Weerasuriya.
After a quick breakfast, the group had a short discussion on the "Reconstruction of the Jaffna" town. Later they proceeded to the "Naga Viharaya" for a religious ceremony. Thereafter, they went to the Holy Family Convent in Jaffna where the Minister participated in a free book distribution ceremony. According to the Minister, there were about 32 officials from some of the leading schools in Jaffna at this ceremony. The visiting group was warmly welcomed and among the officials present at the ceremony wa s Government Agent Chelliah C. Pathmandan.
The Minister said the government wanted to assist the people of Jaffna, and had also made arrangements to obtain building materials from India. "I also spoke about the devolution package and the peace efforts of the president. The majority of the people were very cordial and thereafter we proceeded to the Building Materials Corporation branch in Jaffna. About Rs. 3 million worth of goods were sold in a matter of minutes", the Minister told newsmen on Friday recalling the events before the suicide bomb at tack.
The minister said he inspected the stores and then got into his pajero to attend a meeting of officers who were in charge of rehabilitation work at the Jaffna Kachcheri. The vehicle was driven by Brig. Hamangoda while the Minister sat alongside the brigadier Mr. Godamuna and the Minister's security officer, Bandara were at the rear.
Meanwhile, an army commando has seen a woman (about 35 years) coming towards the Pajero, dressed in a white blouse and with two bags in her hand. As she was heading towards the Minister's vehicle, the Army Commando blocked the way. This was followed by a blast.
The Minister recalled that he saw Brig. Hamangoda's head fall onto a side. "There was more gunfire and I realized that I was bleeding from my left ear. The other two persons in the pajero were also injured. I got into a double cab and went to the Palaly hospital. I left for Colombo on one of the last flights at 7.00 p.m.", he said.
The Minister said this was a clear indication that the LTTE did not want Jaffna to be re-developed. Isolated incidents such as this would occur but it would not hinder the development programme. I will certainly continue going to Jaffna and this incident has not demoralised me in anyway," he said.
Winning the hearts and minds of the Jaffna civilians was Major General Ananda Hamangoda's only goal. And he paid the price on Thursday in Jaffna for the goodwill he had brought about in the peninsula.
Maj. Gen. Hamangoda, the most senior army officer caught in last week's suicide bomb attack had firmly believed that no one would harm him, as he had been able to build a strong bond between the people and the troops.
But unfortunately, among the friendly civilians there had been enemies. Maj. Gen. Hamangoda, it is believed, had died on the spot. His body was brought to Colombo along with the others killed in the blast.
When 'The Sunday Times' visited his home at Panagoda, his grieving wife Indrani and three children were seen embracing the body.
The Maj. Gen. had been in Colombo that weekend and since the minister was scheduled to visit Jaffna had left the previous day.
Mr. Sarath Hamangoda, the brother, said that he was to get back to Colombo the same day.
"Since his wife was not well Ananda took leave for a few days. She was warded at the Army Hospital. With the Minister's visit he had to be there, so he left on Tuesday, but had promised his wife he would be returning the following day," he said.
According to Mr. Hamangoda his brother had constantly said that Jaffna was no longer dangerous and that the people were innocent. "Even when I met him a few days back he kept saying the same thing. He used to say how he used to have meetings with the people to explain to them the situation. He had immense faith in them. But unfortunately some had not felt the same way," he said.
The family has accepted that the suicide attacker had been targeting the General and no one else. "It's natural that the LTTE would not have liked my brother's attachment to the civilians.
Breaking the news to his wife Indrani who was warded at the Army hospital had been the worse. "It had been Brigadier Sarath Munasinghe who had first got the news. He had immediately visited Ms. Hamangoda. She had been shocked to see him since hardly anyone knew that she was there. She had asked how he knew she was in hospital. The Brigadier had said that her husband had spoken to him. Not knowing whether she was fit enough to hear the news the brigadier had asked her doctor.
"The doctor had said it was okay for her to go home. But Indrani had insisted that she waits until her husband comes in the evening to go home. It was then that Brigadier Munasinghe had explained that he had met with an accident" explained Sarath Hamangoda.
The 46-year-old Maj. General's body was taken to Kurunegala, his hometown on Saturday. The funeral will take place to day at the Welegedera Stadium.
At 1.30 p.m. July 5 Clotilda Dias had unconciously started praying seated by the phone, not knowing that in a few seconds she would receive news of her husband's death.
It was only a month since retired SSP Carlyle Dias took up a post in the Northern Province Rehabilitation and Reconstruction Authority in Jaffna, despite objections from his family, believing it was his duty to help the Tamil people who had suffered immensely.
"The first time the phone rang the line was not clear. I heard a name being mentioned. I thought it was a nuisance call. But the second time it was clear and an army officer known to the family who is also with my husband wanted to speak to my brother. When I asked him where he was calling from he said he was in Jaffna.
He said he had a message to convey to him. When I asked what the message was he was reluctant to talk. Something told me my husband was in danger. I screamed over the phone asking him what was wrong. I did not get an answer for some time, but when I asked him whether he was dead he said yes said the grieving widow.
SSP Dias who retired from Police service in 1990 had joined the Ministry of Housing after a few years.
Although the family had not been too happy with SSP Dias's appointment he had confided in his brother-in-law a few weeks earlier that he was willing to die for the people. "He said that the satisfaction he received in helping the people was beyond words. He knew that the family members especially his wife was very worried about his stay but said that no one would understand how happy he felt once he speaks and helps the people," said Mr. Aartyal.
Since SSP Dias's two sons are in the USA funeral arrangements had not been made even by Friday. "I want my son here to say good-bye to their father, we have already informed them but no definite date was given" said Clotilda Dias.
All arrangements have been finalized for the three-day visit of the reigning Miss World, Jacqueline Aguilera which begins this Friday.
Miss World's visit is organized by the Rotary Clubs of Colombo East and West and exclusively sponsored by the E. A. P. Edirisinghe Group of Companies. Last year the Rotary Club of Colombo East arranged for the then Miss World Aishwarya Rai to grace the installation of their 10th president Krish Rajendra. Her visit helped raise Rs. 2 million for the club's community service projects. The club spent around Rs. 7 million on its service projects during the past year, assisting orphanages around the country, helping the disabled soldiers and also on the Sevana Sarana Foster Parent Scheme which had over 270 new sponsors last year.
This year too the Venezuelan Miss World will attend the installation dinner of the 11th president of Rotary East, Haniffa Mohamed as well as the installation of the new president of Rotary West, Janaka Edirisinghe on Saturday and Sunday.
Miss World will also support the anti-drug campaign carried out by the Sri Lanka Anti-Narcotics Association (SLANA) by flagging off the National Health Run next Sunday at the Galle Face Green.
Lanka Oberoi, the official host hotel, AirLanka, the official airline and BMW, the official vehicle in which she will travel, have also helped in supporting her visit along with the official product sponsors Nestomalt, Pizza Hut, Araliya Impex, Dialog, Bubble, Churpi Chip, Edna, Ponds and Ostam. Swarnamahal, the official jeweler will introduce a 'Venezuelan Collection' to mark Miss World's visit of diamond and ruby jewelry.
Continue to the News/Comment page 2 - LSSP calls for urgent reorganization of public bus services, Lecture on South Asian security, Death of an Officer, Kolonnawa mess: no action taken, Baby Unit Closed, Donors attach strings, Don't dictate terms to me, says Fowzie, Analysts fly to Jaffna, PM visits Sai Baba under tight security, Power plans to face crisis
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Modified text of a lecture delivered at the Faculty of Law, McGill University under the Chairmanship of Professor Stephen J. Toope, Dean of the Faculty
In talking about a possible solution to the present ethnic crisis, it is important to correctly identify the problems of Tamils that gave rise to the present crisis. In Sri Lanka the Tamil community is identified by its language and mainly lives geographically concentrated in the North and parts of the East of the country. They also live in other parts of the country.
A typical answer to the question - what are the problems of Tamils? - is that they have no problems. Others list the problems of Tamils as impediments in the use of Tamil, inequality in employment, access to higher education etc. A typical response to this is that these are "imagined" than "real".
Identify the problem as one of political power. It is my view that Tamils do not have an equitable share of political power and I shall try to demonstrate that it is so.
Regarding a possible solution, my thesis is as follows: Where a minority is dispersed the demand is for equality in the use of language, jobs, education etc. and for a share of political power. No question of regional autonomy arises. However, where there is a community with a distinct cultural identity based on ethnicity, language or religion and concentrated geographically, that community would soon want to express its cultural identity in political form, giving rise to a demand for regional autonomy. This demand is not always associated with grievances. In fact, the presence or absence of grievances is irrelevant. It simply arises out of cultural identity. Of course, the demand is further strengthened if there are grievances.
The solution, therefore, is effective devolution of power to such regions. If this is consistently denied by the majority, the demand for regional autonomy evolves into a demand for a separate state.
Societies that have confronted such problems have solved them only by devolution. India is a good example. In enacting its own Constitution after independence, India opted for a quasi-federal Constitution. The States were given substantial powers. However, some communities identified by a common language found themselves in more than one State and thus unable to fully express their cultural identities in political form. The Marathis and Gujaratis are examples. 23 million Telegu speakers did not have a State of their own, despite being geographically concentrated. The demarcation in the South was not wholly on a linguistic basis. Punjabis professing different religions, the Sikhs and Hindus, found themselves in the same State. All this gave rise to a host of problems.
But the Indians, great crisis-managers they are, correctly identified the cause and redrew the boundaries of the affected States. The Telegu speakers got Andra Pradesh. The Tamils got Tamil Nadu, Malayalis got Kerala and the Kannada speakers had Karnataka. As many Marathis as possible were included in Maharashtra and similarly, the Gujaratis had their own Gujarat. Punjab was re demarcated for the Sikhs while the Hindus had Haryana. The re demarcation and other steps taken for effective devolution was so effective that in the early 60s the DMK publicly gave up separatism. Other examples can be found all over the world.
Earlier in this century, the demand of the Tamils was for power sharing at the centre. In the 1920's, while the country was still a colony, Tamils demanded representation in the legislature in the ratio 3:1 with the Sinhalese. This was ignored and the demanded ratio became 3:2. In 1936, the Sinhala majority steam-rolled and produced an all-Sinhala Board of Ministers. Soon, the demand became 50:50, fifty for the Sinhalese, fifty for the all minorities put together.
In 1947, the conservative United National Party (UNP) was forced to share power with the Tamil Congress (TC), the main party of the Tamils. In 1949, when legislation that resulted in the disenfranchisement of Tamils of recent Indian origin, mainly estate workers in the Central hills, was presented, the TC protested but finally stayed on in the Government. Chelvanayagam and another MP left the TC and formed the Federal Party (FP).
It is important to remember that federalism was decisively rejected by the Tamil people at the 1952 elections. The FP could win only 2 seats. Chelvanayagam himself was defeated , by a candidate of the UNP.
In my view, 1955 marks a watershed in the politics of Sri Lanka. That year, the UNP and the SLFP (Sri Lanka Freedom Party), both of which stood for the replacement of English by Sinhala and Tamil as the official languages, changed their policy to one of Sinhala only. At the 1956 elections, an SLFP-led coalition won a landslide victory in the South while the FP routed the TC in the North. If you draw graphs showing the decline of the TC and the rise of the FP you will find the graphs crossing in 1955.
When Sinhala was made the only official language in 1956 Colvin R. de Silva, a leader of the Left warned: "One language, two countries; two languages, one country". The warning was not heeded. Soon the country was in turmoil.
S.W.R.D. Bandaranaike, the Prime Minister, had talks with Chelvanayagam resulting in the B-C pact which provided for the establishment of Regional Councils, devolution of power and the merger of the North and East. The pact was fiercely opposed by the Buddhist monks and the UNP. The Prime Minister was forced to abrogate the pact. The situation soon worsened culminating in the 1958 communal riots. The two communities moved further apart.
After the elections of 1965, the UNP was again forced to share power with the Tamils. Now it was Prime Minister Dudley Senanayake's turn to enter into a pact with Chelvanayagam. Senanayake agreed to concessions on the use of Tamil and devolution of power to District Councils. It was in regard to colonisation that he agreed on major concessions. In future colonisation schemes in the North and East priority was to be given to the landless in the two provinces followed by Tamils in the said provinces and then people from other provinces, preference being given to Tamils.
In 1968, a White Paper on District Councils was presented to Parliament. Now it was the SLFP's turn to oppose, joined by their coalition allies of the Left. The White Paper was withdrawn in the face of the opposition and the FP soon left the Government.
There were two factors that worsened relations between the communities in the 50s and 60s. This was a period of nationalism and anti-imperialist agitation all over the world. There were a number of progressive measures taken, such as the take over of foreign companies and assisted schools and agricultural reform. The Tamil parties were not enthusiastic about such measures, even opposing many of them. They did not participate in mass agitations or only paid lip service. They were very conservative on most issues, acting like the cousin brothers of the UNP. The second factor was the secessionist movement in South India. There was talk of a "Greater Tamil Nadu" including the North and East of Sri Lanka. This gave rise to deep suspicion and distrust.
But with all this, there was still no serious talk of a separate state. In fact, at the 1965 elections, the FP in its manifesto asked the Tamil speaking people to vote against candidates who stood for the bifurcation of the country. This was an apparent reference to a small party founded by S. Sunderalingam, which I believe was the first separatist Tamil party.
1972 was a real chance for a solution. We were enacting our own Constitution. Dharmalingam, speaking for the FP during the discussion on the Basic Resolution on the unitary nature of the Constitution, pleaded for devolution or at least the recognition of the federal principle in a unitary form of government. The plea was rejected by all parties. The Tamil MPs walked out. The 1972 Constitution was enacted without the participation of the elected representatives of the Tamils.
The Tamil parties soon united under the banner of the Tamil United Front which later became the Tamil United Liberation Front (TULF). At the famous Vaddukkodai Conference the TULF adopted separatism. At the 1977 elections, the TULF contested on a separatist platform and swept the Tamil areas.
The 1977 elections were significant for another reason. For the first time a party of the South, the UNP, acknowledged in its manifesto that the Tamils had grievances and stated that the non- resolution of these problems had driven the Tamils towards separatism. The UNP even identified these problems as the use of Tamil language, access to education, employment and colonisation. It promised to set up a roundtable conference to address these grievances. Tamils outside the North and East voted overwhelmingly for the UNP. It was this manifesto that won the UNP a 5/6ths majority, 51% of the national vote and over 60% of the Sinhala vote.
However, there was to be no round-table conference. The 1978 Constitution was another golden chance for a solution. But the UNP failed to respond and the Tamils refused to participate in the making of the Constitution. For the second time a Constitution was enacted without the participation of the elected representatives of the Tamils.
That the Sinhala majority was able to enact two Constitutions without the elected representatives of the Tamils shows the real nature and magnitude of the problem. Clearly, the problem is one of political power. Political power in Sri Lanka is with the Sinhala people. This is what has to be redressed.
Although the TULF won on a separatist platform, it did nothing to fulfill its promise. One wonders whether they were serious about it all. It was not surprising therefore that the militants should take over soon. The ugly events of 1983 followed. The issue was internationalised. The rest is history.
Forced by realities, President Jayewardene entered into an accord with India in 1987. This was followed by the Thirteenth Amendment to the Constitution which established Provincial Councils and provided for some devolution. All the Tamil groups, except the LTTE, accepted the Accord. On the Sinhala side of the divide it was the SLFP's turn to oppose and they dutifully did just that. There was a significant development - the devolution exercise was supported by the Left, then led by Vijaya and Chandrika Kumaratunga.
The Premadasa Administration did not have the political will to implement the 13th Amendment in its spirit. President Wijetunge went further and stated that there was no political problem but a military problem. The absence of a political will to effect devolution was very candidly admitted by Gamini Dissanayake in his election manifesto in 1994.
In 1992 a Select Committee of Parliament was appointed to make proposals regarding devolution with a view to finding a lasting solution. The UNP, SLFP, the Sri Lanka Muslim Congress, the Left parties and Independent Tamil Members agreed that devolution should be on the lines of what obtains in India. Thus, all the major parties of the South were agreed on a quasifederal arrangement.
The People's Alliance (PA) led by Chandrika Kumaratunga contested and won the General Elections of 1994 on a platform of effective and meaningful devolution. It was supported by the minorities throughout the country. At the Presidential Elections that followed Chandrika was supported by all the moderate Tamil parties that mattered, including former separatist groups. In the East, where they were free to vote, the Tamils voted overwhelmingly for her. In the Padirippu electorate, which has a 95% Tamil population, her share of the vote was 94%. The turnout in Padirippu was about 60%, a high figure for a war torn area. In fact, this was the highest percentage that Chandrika received in any electorate.
The 1994 Presidential Elections was very significant for another reason. The UNP candidate Gamini Dissanayake, who was well known for his pro-devolution views, set out in an appendix to his manifesto, a detailed scheme of devolution which he intended to implement as President. Gamini was assassinated before the manifesto was released. Later, the same was published in the newspapers as the manifesto of Srima Dissanayake, the substituted UNP candidate, in advertisements placed under the hand of Daham Wimalasena, the Secretary-General of the UNP. The commitment of the UNP for more devolution was clear and express.
Gamini proposed a virtual federal set up, using the phrase "co-ordinate powers" of the centre and provinces. There will be a clear cut division of powers and powers devolved on the provinces would not be exercisable by the centre. He would even give provinces a say in certain constitutional amendments. "Powers conferred will not be able to be reduced without the consent of the provinces". Thus Gamini was able to convince the UNP of the need to take a bold stand on devolution. This was probably his greatest contribution to Sri Lankan politics.
Although forced into military action by the intransigence and treachery of the LTTE, the PA government's commitment to devolution has been reiterated over and over again by Chandrika. She has stated that even if the last LTTE-er was eliminated, the problem would remain unless there is a political solution.
The constitutional proposals of the PA are now before a Select Committee of Parliament. They are for greater, meaningful. Genuine and effective devolution. More powers are to be given to regions and subjects have been more clearly spelt out. The centre would not be able to encroach on the powers of regions. It is also well to remember that all the powers of the centre and the regions are subject to one important chapter of the Constitution, the chapter on Fundamental Rights. The regions nor the Centre can enact a law or take executive action in violation of fundamental rights. This is quite unlike in Canada where Parliament or the legislature of a province may expressly declare in a statute that the statute or any provision thereof shall operate notwithstanding some of the rights guaranteed by the Canadian Charter of Rights and Freedoms.
At the same time, there are safeguards against secession. The Republic will be an "indissoluble" union of regions. No Regional Administration shall attempt separation or secession by direct or indirect means. Where the security and public order in a region is threatened by armed insurrection, grave internal disturbances or by acts or omissions of a Regional Administration which presents a clear and present danger to the unity and sovereignty of the Republic, the President is empowered to declare a state of emergency in the region by Proclamation. The armed forces or national police may be deployed thereafter to restore public order.
If a Regional Administration promotes armed rebellion or insurrection or engages in an intentional violation of the Constitution which constitutes a clear and present danger to the unity and sovereignty of the country, the President may, by Proclamation, take over all or any of the powers of the Governor, Chief Minister, the Board of Ministers or any other authority. The President may, in such circumstances, even dissolve the Regional Council.
A Proclamation made under the aforesaid circumstances must be ratified by Parliament.
A lot of noise has been made regarding the absence of the word "unitary" in the proposals. The Republic has been described as a "united" one which shall be an "indissoluble" union of regions.
The word "unitary" in the present Constitution only describes the nature of the Constitution and must be distinguished from "territorial integrity". The powers granted to the Provincial Councils under the Thirteenth Amendment are subject to overriding powers of the Centre. That is why the Supreme Court held that the unitary nature of the Constitution was intact. Under the proposed set-up there will be clear-cut division of powers between the Centre and the Regions. Such a Constitutional set-up is not "unitary" and therefore cannot be described as such. If so described when it is not, serious problems of interpretation will arise.
Although the nature of the Constitution changes, it does not affect "territorial integrity" and that is what is important. The commitment of the proposed Constitutional provisions to territorial integrity and unity is clear and unambiguous. It is worthwhile emphasising, although this would seem elementary, that territorial integrity is assured even in a federal set-up going beyond the proposals. The Constitution of the United States is a federal one. The powers of the Federal Government and the States are clearly laid down and are "co-ordinate", not subordinate. Could anyone in his senses argue that USA is not a single country with territorial integrity. Surely, there is no magic in the word "unitary"!
One major weakness of the proposals is the absence of a Second Chamber which is a must in any devolutionary set-up. A group of academics and lawyers, of which I am the convenor, has proposed that a second chamber consisting of five Regional Council Members elected by each Regional Council be set up. Where there is a community above a certain percentage in a particular region, there should be at least one member from that community. We have not proposed direct elections so as to avoid duplication of legislators. This would cut down expenditure as additional vehicles, telephones etc., need not be given to members of the second chamber. Of course, the members elected to the second chamber should not be Regional Ministers. The second chamber must be given substantial legislative powers relating to subjects such as language, culture, fundamental rights, inter-regional matters and constitutional amendments. The proposed chamber would arrest any "drifting away" of the regions and bring the regions to the centre. I would describe this as a way of strengthening the centre without weakening the regions.
The proposals can be implemented only after their passage through Parliament with a two-thirds majority and subsequent approval by the people at a referendum. A two-thirds majority is possible only with the support of the UNP. My own view is that it will be extremely difficult for the UNP not to support the proposals, given its stand in the Select Committee of the last Parliament and its far reaching proposals contained in its manifesto at the Presidential Elections. I expect Ranil Wickremesinghe to resist the pressures of the chauvinist elements. He no doubt realises that if he succumbs to such pressure and opposes the proposals, he will be circumscribed by the position he takes if and when he comes to power.
It is heartening to see that the large majority of Tamils have welcomed the proposals. The positive response from all over the world has contributed to the weakening of the LTTE both politically and militarily. Rejection of the proposals will be a disaster and a major victory for the LTTE. It will also result in pushing the moderate Tamils towards the LTTE. Moderate Tamil parties will become irrelevant. Sri Lanka will lose all the support it was able to get internationally. This is probably the last chance for peace.
In 1956, Sinhala was made the only official language ignoring Colvin R. de Silva's warning. In 1978, both the UNP and SLFP agreed that Sinhala and Tamil should be made official languages. But it made no impact as the damage had already been done. What needs to be done today must be done today, not 25 years later when the significance of the act has been lost. Today we hear voices lamenting that the country should have listened to Colvin. Let us not make a similar mistake and lament later that we should have accepted what Chandrika Kumaratunga and Gamini Dissanayake stood for.
Continue to Plus page 3 - Puppets in a game * Getting in touch with nature * A monsoon for Lionel Wendt
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Last week in this column I questioned the way many of us unthinkingly refer to ourselves as a "developing" country, drawing unfavourable comparisons with so-called "developed" societies such as Singapore or the USA. I pointed out that every understanding of "development" embodies specific cultural values which, in turn, rest on a specific world-view. In other words, "development" is a value-loaded term, and it embraces much more than economics.
The attempt to quantify and so calculate human "development" (whether in terms of GNP per capita or more sophisticated indices such as the HDI) is itself biased towards certain views of what makes up human flourishing. For only some cultural definitions of "development" can be quantified (income level being the most obvious). For instance, how do we mathematically measure the climate of fear in a society? Or the breakdown of personal relationships, the vulnerability of the disabled and elderly, unhappiness among ethnic minorities, declining quality in education and health services, the loss of cultural heritage, the homogenizing of tastes, and the deterioration in natural environments? These are some of the ways in which I would want to assess the health of a society. And, on these bases, I would want to affirm that in some ways I live in a much more "developed" society than many in the West, and in other ways a much more "under-developed" society than any in the West.
The quantification of "development" may serve another function. For it calls into being a new breed of "development consultants" and a new 'science" of "development" "economics". It has given not only employment but prominent social status to the directors of "development" institutions that have suddenly mushroomed everywhere. These employ expatriate and international experts who sell their "knowledge" (which usually means nothing more than a set of statistical data) to Third World governments. They live, move and have their being in the first class compartments of aircraft and the business lounges of five-star hotels - from which they conduct "seminars" on the alleviation of poverty. They are then paid enormous salaries by poor governments easily bewitched by the idea that the higher the fee the better the service. The "development game" often brings more lucre to the rich than it does to the poor....
The most prominent among the international experts who grace our shores are the men from the World Bank, the IMF and the ADB. It is often forgotten that these institutions are basically money-lenders. Many in the Third World who suffer under repressive or arbitrary political rule are grateful that the World Bank has recently begun to use Aid (an often misleading euphemism for a commercial loan) as a lever to hold national governments more accountable to their own people and to international opinion. The inclusion of environmental accounting in projects funded by the Wor1d Bank is also welcome, given the notorious laxity of most governments in this regard.
However, there is another side to this coin. Unlike governments, these institutions represent power without corresponding responsibility. They are accountable to no one save themselves, and thus undermine the struggle for democracy in many countries. They can impose unpopular policies on national governments and simply stand by and watch as these governments are toppled either by bloody coup d'etats or a disgruntled electorate. Despite their enormous influence on local populations, they have few mechanisms to receive intelligent feedback from the grass-roots. Governments rise and governments fall, but like Tennyson's brook the World Bank and the IMF go on forever.
Of course it would be foolish to use the IMF, World Bank and Western governments as scapegoats for the economic mess in many parts of the Third World. Consider, for example, a country like Sri Lanka. Through a combination of short-sighted policies ("get rich quick"), ethnic and religious chauvinisms, corruption, nepotism and autocratic politics, we have succeeded in turning a lavishly endowed, highly literate and stable country into one of the poorest, most violent and crime-infested societies in the world. Our sorry dependance on the IMF and World Bank is a tacit admission of our own failures in leadership, in politics as much as in commerce.
Indeed, many governments of the Third World have an appalling record when it comes to meeting the basic needs of their people in priority areas such as health, education and shelter. Massive sums are spent on military expenditure in some of the poorest countries of Africa and Asia. Pakistan boasts of possessing some of the world's best fighter jets and anti-aircraft systems, and invests six times as much on its military as on health, education and agricultural extension combined. But Western governments aid and abet such wasteful military expenditure and corruption in these countries. Condemnation of autocratic rule in the Third World is hypocritical when it is America and Europe that supply the autocrats with the weapons of destruction, often used against their own people. That some of the most corrupt and brutal regimes have been the staunchest allies of the "free world" is a well-known and scandalous fact of recent political history. Even that arch-fiend of the American media, Sadam Hussein, was installed in power by a coup d'etat which had the backing of the CIA. It was only when the puppet started pulling the strings, and American strategic interests in the region began to be threatened, that the US government embarked on its moral and military crusade against Iraq.
So, we come back to the images of "development" that seduce our political and business elites. Words and images are more powerful instruments of domination than armies, machines or dictators. This is why every great social revolutionary has known that political revolution without a conceptual revolution is useless. shouldn't we be encouraging our economists and policy-makers to re-think the concepts they have inherited - given that so much more than statistical manipulation is involved in economic issues? And, even more fundamentally, shouldn't our schools, universities and the media be encouraging discussion and debate on the level of world views (e.g., what kind of society do we want to live in, and why?), rather than serving as tools in the hands of commercial propagandists?
Greeting us with a smile Ashvini David (24) ushered us into the hallway of her home. There a colourful painting of trees silhouetted against the setting sun caught the eye. It was the handiwork of this talented young artist.
Under the guidance of Lalitha Ismail, Ashvini has worked hard at her painting. Commenting on her style she said, "My teacher Latiffa has been a great help. She gives us a free hand so we're able to develop our own style."
Along with other young artists Ashvini has exhibited her work several times and said that she was fortunate to have won a prize in 1986 at the Art Exhibition held at St. Bridget's.
"Painting requires a lot of patience and dedication. Some of the paintings take me at least a week to complete but I never get tired doing something that brings me such pleasure" she said.
This talented lady tends to favour abstracts, yet she says what she loves most is to get in touch with nature by painting beautiful landscapes. So, is this the message which she tries to convey? "Oh yes" she says "I like to stress on nature and bring out the fact that it's important to man".
To Ashvini who held her first Exhibition along with her brother in 1985, July 12 will dawn as a day of anticipation as she hosts her first solo exhibition at the Lionel Wendt. The exhibition continues till July 14. She will be celebrating 15 years of art.
Seventy pictures will be exhibited. "My aim is to bring pleasure to the people who come to see the exhibition and I hope that I achieve that through my paintings" she said.
Funny Money is the third in a series ( did somebody say trilogy ) of farce to be put on by the master of the genre, Mr. Mohommad Adamally. Adamally has chosen Ray CooreyÕs Funny Money, to follow Run for Your Wife and Don't Dress for Dinner, the two previous efforts. Run for Your Wife received runaway reviews, which gave Adamally a positive case of sequelitis.
In Funny Money, lucre is turned into funny business, and everybody seems to be either drunk or mixed up-accounting for some uproarious drama which can be placed between slapstick and situation comedy.
There is a lot to do with Barcelona, and a putative case of wife swapping (and this previewed doesn't want to give any of the plot away.) Sudeshna Ranmuthugala portrays a drunk, and its funny how a female drunk looks so much like a male one. But the young cast is having fun and whenever a cast has fun, it is generally true that the audience ends up having fun as well.
Funny Money will be up on the boards from Friday the 12th at the Lionel Wendt theatre. The Lionel Wendt is experiencing a major drought which only beats the drought at the catchment, and Funny Money will probably will be the monsoon to beat all monsoons. Those who have Run for Your Wife on their minds will probably be there, but for others, Funny Money probably offers a respite from the hurly-burly of Colombo's powerless corporate nights and days. Its funny, but when something has to do with money it will attract Colombo's crowds. With good supporting performances by Jehan Aloysisus, Dyan Candappa, Viran Corea etc.,, funny money will probably nevertheless give theatergoers their money's worth.
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How serious is Lanka's drug problem? At present Sri Lanka has an estimated 100,000 heroin addicts. The official government figure of 50,000 ( which has remained constant for the past ten years) is being challenged not only by the NGOs involved in drug prevention but also by government institutions themselves. This means that the estimated number of drug addicts has doubled during the past decade.
The high incidence of drug related crime and arrests of drug peddlers and smugglers too point to the fact that the problem is ever on the increase. Recent newspaper reports indicate that the drug business in Sri Lanka is becoming ever more organized - court bail for offenders is being paid by cartel leaders through organized gangs.
According to the Police Narcotic Bureau the number of arrests too increased dramatically in the first few months of this year. While the number of drug related arrests for the first five months of 1995 was 1,903, the number of similar offenses rose to 2713. Up to mid May this year, 8.86kg of heroin was confiscated by the Customs, Police and Excise Departments.
One single major detection was done by the Customs at the airport where several Pakistani nationals were attempting to smuggle in 13.89 kg of heroin. The amount of heroin detected for the same period last year was only 15.4 kg. Heroin, however, is not the only dangerous drug available in Sri Lanka. Other drugs like ganja (cannabis), opium and even cocaine are available. But the problem of severe narcotic dependence and criminal activity is linked to heroin addiction.
Heroin is the drug of choice in Sri Lanka today. Analysis of those who turn up at treatment centres and referral programmes show that the age range of addicts generally falls in the 19-30 age category. This is the most productive age group in a country. But there are reports of children as young as nine years trying out heroin. A large portion of addicts are men, but the habit is spreading increasingly among women in the streets and slums, who are involved in weighing, wrapping and sometimes distributing the drugs in little packets.
According to the National Dangerous Drugs Control Board (NDDCB) the street value of a "packet" ( usually 10-15 mg) of heroin is Rs. 50. This is usually heroin diluted with other substances to increase volume. Most smoke the drug or inhale it, few inject it into their bodies.
Every year the government spends colossal amounts of money in trying to rehabilitate drug addicts. To cure a single addict of dependence the country spends some Rs.100,000 . There are four government rehabilitation centres and few in the private sector. But according to Project Director at NDDCB Y. Ratnayake, nearly 80 percent go back to the habit.
The country spends dearly for its drug addicts. The number of criminal offenses done under the influence of-or in order to obtain - drugs and the money spent on rehabilitation is indeed great. Organizations espousing the "Drug-free nation" cause often believe that prevention is certainly better than cure when it comes to drug addiction. To make the younger generations aware of the evils of drug dependence and the harm it does to your body and mind, your family and society is seen as the best way to a gradual eradication of the narcotic problem.
The Sri Lanka Anti Narcotic Association (SLANA) has been in the forefront in the fight against drug addiction since its inception in 1987. SLANA was the first institution to carry out comprehensive public awareness campaigns, disseminating information about dangerous drugs and addiction among the general public.
The Association was set up by several private individuals and organizations realizing the grave need for awareness generation in the country. It still operates as a private sector organization which carries out educational programmes and maintains a referral system where addicts or their families could report and be directed towards help. SLANA is not directly involved in rehabilitation of addicts, but those who come to their Kinsey Road office seeking help are guided to rehabilitation centres.
SLANA works mainly with schools, since the aim of their programmes is to create a drug free generation. They conduct programmes for Girl Guides, school teachers, principals and students all over the country. Mass media campaigns- television, radio, posters and newspapers are also used to spread a "stay-off drugs " message. Seven years ago SLANA initiated its first national health run.
"At that time we could not find people to sponsor even a few certificates", said SLANA Director, Dharshinie Guniyagoda. But the extent of awareness raised in the process is evident today, for this year's run to be held at the Galle Face Green next Sunday July 14 is heavily sponsored by private sector companies. For the second consecutive year the run is being flagged off by a reigning Miss World, this time Venezuelan beauty Jacqueline Aguilera whose presence will certainly help focus attention on this worthy cause.
More than 3000 participants are expected to take part in the run. They will include children barely in school to grandparents in their 70s . This year there will be a special wheel chair event for disabled participants. All participants and onlookers at Galle Face on July 14 will by their very presence at this event denounce drug addiction and help towards creating a drug free generation.
"Our hope is to model the run along the lines of the Boston marathon where disabled competitors vie enthusiastically in sophisticated wheel chairs," SLANA Director, Kumar Nadesan said. The run, as in other years will take off from the Galle Face Green, proceed through Fort to Bauddhaloka Mawatha and back.
The open event covers 14 km approximately, while the disabled and children's events cover 5 km and 7 km respectively. The success of these health runs is quite obvious, SLANA says. "After we began conducting the run, there are many more requests for programmes from schools and organizations. The support we receive from the private sector has increased year by year. The extent of community mobilization that we have been able to achieve through the run is very satisfactory," Ms. Guniyagoda, said.
The presence of Miss World 1996, Jacqueline Aguilera will indeed give a great boost to the run. The beautiful 19-year-old will flag off the run at 7.30 a.m. and tour the route of the run in a car . She will be back at Galle Face Green for the distribution of prizes.
Her visit to Sri Lanka will be exclusively sponsored by E.A.P. Edirisinghe Group of Companies. The group's assistance to the drug cause will not end there. According to Group Marketing Director, Mahen Perera they are already in the process of developing some television programmes to spread anti-drug propaganda.
"It is a very worthwhile cause. We are not interested in simply doing business- but also taking care of our social obligations and responsibilities," he said.
New Zealand Milk Products (Pvt.) Ltd. importers and distributors of Raththi Full Cream Milk have also come forward to sponsor the run- which includes the prizes for winners, certificates for all participants who complete the race, publicity posters etc. The company is at present considering extending their co operation further towards the drug cause by funding some part of SLANA day to day activities.
The Police Narcotic Bureau and the Rotary Club of Colombo West are co-sponsors of the run. Motorists are advised by the Colombo Traffic Police to avoid the drug run route on for July 14..
All participants who have registered at SLANA head quarters at 121, Kinsey Road Colombo 8 , for the run are asked to report to SLANA on 11, 12 and 13 July to collect their running numbers.
Even those less inclined to run a gruelling 14 km are invited to be present at Galle Face and show support to this worthy cause. Amateur performers are invited to keep crowds, including the lovely Miss World entertained. Strength in numbers to "Say No to Drugs. See you there.
Stunning Venezuelan beauty, Jacqueline Aguilera, the reigning Miss World arrives in Sri Lanka on Friday.
Saturday July 14, will be a big day for little Sachini Anuradha.S The chubby faced four- year- old girl will be in the forefront when Miss World 1996 visits her orphanage at Attidiya.
Sachini, the youngest orphan at Sri Yasodara Devi Balika home, will greet Miss World with a bouquet of flowers, and undoubtedly, it will be a precious memory for Sachini to cherish in years to come- the day when she received the most beautiful woman in the world.
Stunning Venezuelan beauty, Jacqueline Aguilera, the reigning Miss World arrives in Sri Lanka on Friday. Adjudged the best among contestants at the Miss World '95 pageant at Sun City last November, Jacqueline, is a 19 year old student of industrial relations in Venezuela.
Her visit is exclusively sponsored by the E.A.P. Edirisinghe Group of companies. Jacqueline will arrive in Sri Lanka in the wee hours of July 12 on a special Air Lanka flight from her present base in London. Her arrival at the Bandaranaike International Airport is scheduled for 5.40 a.m. From the airport she will travel by a BMW car - which is the official car for her visit. Hotel Lanka Oberoi, the official Hotel, will roll out the red carpet and have a welcome reception for the beauty at 7 a.m.
Later that day, at 3 p.m to be exact, Jacqueline will meet journalists at a press conference at Hotel Oberoi . She will speak through an interpreter since her native tongue is Spanish. Thereafter the beauty queen will be hosted to tea by the Media Minister Dharmasiri Senanayake.
The next morning ( July 13) will be spent among orphaned children at two homes for girls in Colombo suburbs. The Rotary clubs of Colombo East and West, who are co- organisers of the event have decided on the Yasodara Devi Balika Niwasa in Attidiya and Sal Sevana, a newly built home for girls displaced due to the North East war. Her visit to the homes will be followed by aid packages to both homes from the sponsors- E.A.P. Edirisinghe Group.
Sal Sevana at Mattegoda will be declared open by Miss World on June 13. The home can very comfortably provide for 25-30 children. It was built on land donated by the Lions Club and the funds for the building and the project came from donors in Belgium Mr. and Mrs J.L.Van Dijck and Mr. and Mrs. K.S. Moortgat through the Sri Lanka Belgium Friendship Association and its counterpart in Belgium. The project will be managed by the Rotary Colombo West and the Lions. Already 25 children from camps in border villages have been chosen as well as a qualified and experienced matron.
At noon that Saturday, Jacqueline will visit the Swarnamahal Jewellery store at Galle Road, Kollupitiya. She will wear exclusive Swarna Mahal jewellery during her visit. The store will put out a range of jewellery after her visit to commemorate the event. This range will include exquisite diamond studded necklaces, chunky eastern-looking chokers, simple and dainty sapphire and ruby studded jewellery priced in the range of Rs. 20000 upwards. As the official jeweller, SwarnaMahal will present Miss World with several items from their jewellery range at the end of her visit.
That night, Jacqueline will be chief guest at the Dinner Dance for the installation of the new President of the Rotary Club of Colombo East. Sunday (July 14) morning, the beauty queen will don her running shoes (not literally) to flag off the seventh National Health Run of SLANA. To show her support for the cause of creating a drug free younger generation, she will accompany the runners along the route in a car.
A luncheon will be organized by the Rotary Club of Colombo West for the installation of Rotarian Janaka Edirisinghe as President. Members of SLANA too will also participate in this function. A private farewell dinner for the departing beauty will be hosted by the sponsors that night. On Monday (15) Jacqueline will depart- flying Air Lanka back to London.
Superstitions are powerful. Sometimes even the educated believe in them. But what about professionals like surgeons and physicians?
The late Dr. R.L. Brohier who brought the jungles to the urban population with his writings has a chapter in one of his books titled 'Superstitions'. There he writes of the many superstitions that dominate the life of the village folk and often the city dwellers as well.
Among those I recall, he says, one never leaves the house if the ubiquitous gecko makes his screeching noise. It is considered bad to venture out - to do so is looking for trouble.
If the chameleon like lizard crosses your path when setting out on a journey it is considered inauspicious and most people either desist going out at all or venture out after a long interval. To see a beggar or a cat when leaving home is also considered inauspicious and also to dream that one has died.
If you see a single priest or a garden sparrow, 'one for sorrow is the verdict'. If a crow flies in to a house it is considered a very bad omen.
While these are the commonest beliefs, what about doctors and surgeons. Do they believe in superstitions. As we all know in their capable hands depends the life of many a man, woman or child.
That well known surgeon Dr. K, Yoheshwaran who saved the late Lalith Athulathmudali's life after the Parliamentary bomb blast said, "It is not in the category of superstitions but in many intricate operations I do spend a few minutes praying before I use the scalpel on a patient. It is a very solemn occasion and just before beginning the operation often there is a pin drop silence. I believe all present in their own fashion do say a prayer for the patient.
"I am not at all familiar with the Hindu calendar. I know there is navamin, dashami etc. which days are believed to be bad for doing anything big. But I don't know about these and a surgeon does not have much of a choice if it is an emergency operation. The patient's family often choose what they consider a good day and time for a major operation and ask me to schedule it in that way.
"Yes I know I have heard of this myth that a patient bleeds less if operated in the morning or night. Actually some doctors in government service operate early in the morning because they have to report for work by 8 O'clock.
In the night doctors choose to operate because circulation is then much slower."
"I pray," said one of Sri Lanka's most skilled surgeons today who extracted a promise that I don't use his name. He said, "I am a Christian and I do pray but I make it clear it is to give me poise and strength and not because praying could be considered a superstition. I do operate on poya days, the so-called 'bara davas' and I even operate on the 13th unless the family of the patient believes in the superstition that 13 is unlucky. That is only if the operation is not urgent.
Dr. Siva Chinnatamby of family planning fame said she prays and asks the others in her team to pray before an operation. "I pray to God to help me successfully carry out my operation. It is my faith in God rather than superstition. I know it is considered inauspicious to see a cat when leaving for work unless it happens to be a black cat. I don't really pay much heed to this but deep down, one must confess sometimes to having trepidations. Of course before a Caesarean I listen to what the family has to say. They often don't want a child to be born on an inauspicious day or a bad day. That is only if the operation can wait and postponement won't affect the life of the mother and baby. We also meticulousy clock the time of the birth for on it depends the horoscope, how it is cast and the future prowess of the child. That is of course a much vaunted Asian superstition.
Dr. Sheriffdeen who heads the team of devoted and dedicated doctors who undertake kidney transplants and other such sensitive operations of the kidney said: "I have no time to consider the very many superstitions. Of course I think of Allah and pray for His guidance and help and prayer by no means is a superstition. I don't look for so-called good days and bad days. I just operate as scheduled."
Dr. Ananda Soysa, the ENT surgeon says, he too offers a silent prayer. "I don't really know to whom I appeal - it is really the Devas, I think. Silence also gives one anyway a sober moment before operating on a patient's ear, nose or throat. I believed in not seeing beggars, cats and the like when setting off to work when I was a young surgeon. Today I believe all depends on skill and dexterity rather than on good omens and bad."
Dr. P.R. Anthonis, the doyen among Sri Lanka's skilful surgeons is not superstitious. I operate even on Vesak day considered to be a day that is 'bara davasa' - a heavy day. If there is acute appendicitis, I cannot refuse to operate just because the day is bad. If I do it the patient won't remain alive. I do operate at night because the circulation is less brisk. I operate at any time, night, early morning or during the day. I don't have time to pray - I depend on myself. I am the boss to do all within my power for the patient who has entrusted his or her life to me. In surgery the luxury of indulging in superstition is out, often it is a matter of fighting against time for the life of the patient".
Most people though they may appear to be outwardly unimpressed about good times, bad times, inauspicious days and auspicious days, do have some belief in them. Some tie threads at kovils and temples, others light candles. Behind it all is the appeal to an unknown power for help during periods of trial and travail.
Surgeons may by and large be impatient with superstitions since their mind is set on operating and saving the life of the patient. But in Asian countries even the most rational person I think does have a sneaking belief in superstitions with which one grows up at a young age.
Continue to Plus page 2 - Evolution of devolution: from Gamini to Chandrika
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UNP leader Ranil Wickremesinghe's statement that he would not discuss the devolution package with President Chandrika Kumaratunga has disturbed the Tamil parties who are seeking an urgent solution to the ethnic crisis.
It was only recently that TULF's Neelan Thiruchelvam advised the President that she should not go on a confrontational course with Mr. Wickremesinghe if she wished to bring about a solution to the ethnic crisis with the UNP's support.
Dr. Thiruchelvam had suggested that the two leaders should meet to iron out differences. But now Mr. Wickremesinghe has taken a clear stand that he would not discuss the devolution package with the President.
However, he said he would participate in the Select Committee set up for the purpose.
The UNP's position is that any form of devolution should be within the framework of a unitary state. It wishes to develop on the 13th Amendment to the Constitution, which has been accepted by all Tamil Political groups except for the LTTE.
Mr. Wickremesinghe expressed this view when he met the Tamil Political parties sans the TULF.
Mr. Wickremesinghe said he doubted the President's sincerity and asked the Tamil delegation whether they trusted her.
But there was no ready response from the five Tamil Political parties - the EPDP, the EPRLF, the TELO, the EPRLF and the EROS.
Mr. Wickremesinghe said Dr. Neelan Thiruchelvam had called him to say the TULF was not coming as some of its members had to attend a funeral.
Other Tamil leaders see that as an excuse to meet the UNP on its own. They told Mr. Wickremesinghe, "if you become the President tomorrow, they will be present on time".
The talks between the UNP and the Tamil parties lacked direction, according to observers.
The Tamil leaders told Mr. Wickremesinghe that President Kumaratunga was keen on K. N. Choksy's proposal to amend the Article 76 while keeping Article 2 intact, but they said that it was not acceptable to them.
It appeared that the UNP was not agreeable even to the amendment of Article 76.
Mr. Choksy at this stage made it clear that the proposal to amend Article 76 instead of Article 2 was his personal view and not the party position.
One Tamil MP said the issues were fairly clear and it seems the UNP was not going to support the package.
He said the President's confrontational policies had even silenced those in the UNP who would otherwise have supported the package.
The meeting which lasted for nearly two hours was loose and vague, with little that was of special substance.
Besides the meeting with the Tamil parties, the UNP leader also met UNP members of the Colombo Municipal Council after Kanagasabai Ganeshalingam was sworn in as the 21st Mayor of Colombo.
At this meeting, Mr. Wickremesinghe advised Mr. Ganeshalingam about keeping to conventions. He pointed out that Mr. Ganeshalingam had taken his oaths before the Western Province Chief Minister Susil Premjayanth in the presence of Health Minister, A. H. M. Fowzie at the Chief Minister's office.
Mr. Wickremesinghe said it was never done in the past. All other Mayors had taken their oaths in the CMC premises. Even former mayor Ratnasiri Rajapakse had taken his oaths in the Mayor's office, the UNP leader said.
"I checked up with former Chief Minister Susil Moonesinghe and found that the former Mayor Ratnasiri Rajapakse had taken his oaths in the Mayor's Chamber in the presence of Mr. Moonesinghe and late Minister and DUNF leader Lalith Athulathmudali", Mr. Wickremesinghe said.
If ministers like Mr. Fowzie were invited, the Mayor could have also invited senior members of the UNP such as M. H. Mohamed and Tyronne Fernando, he added.
When Mr. Ganeshalingam said that it was suddenly arranged, some Councillors raised question about the presence of some TV crew and asked as to how he informed them.
Mr. Wickremesinghe at this stage said that in future all UNP Mayors should take their oaths in the council itself and views of the UNP group should be sought as to who should be invited for the occasion.
As this was going on, Councillor Gintota queried from the Mayor as to how a piece of land has been given from the Vihara Maha Devi Park for the erection of a statue of late Minister Felix Dias Bandaranaike who had nothing to do with the Colombo Municipal Council.
Mr. Ganeshalingam said he allocated this land as per directions from the President's Office.
Mr. Wickremesinghe at this stage said the Mayor had failed to follow the procedure adopted by the council in such instances.
He said the Mayor should have taken it up with the Council before deciding. "Don't get pushed by pressures, you must follow the correct procedure always", Mr. Wickremesinghe informed the Mayor.
Councillor Gintota once again intervened to say that as long as Mr. Ganeshalingam was Mayor, the UNP would not benefit much as most things appear to be done on PA directives.
Mr. Ganeshalingam defending himself said the Council had to fall in line with the Provincial Council to obtain the funds.
But Mr. Wickremesinghe said the Municipal Council was an autonomous body, which had its own funds and Provincial Councils must support the local bodies and funding local bodies was part of their duties.
"If they refuse, we can go to courts" he said.
Subsequently Mr. Wickremesinghe directed Mayor Ganeshalingam to work with the UNP and ensure a balance.
"It will be the UNP in power in the future also and you would win. They say they are going to hold elections in two months. Let them hold any election, the UNP will win", he said.
When another member, Omar Kamil, pointed out that the Council had failed to pass a resolution as directed by the UNP leadership on the prevailing Milk Food prices, the UNP leader asked why the Mayor failed to do that. He was requested to move the resolution without delay.
The UNP leader also said that there was speculation about the appointment of a Deputy Mayor. The UNP would wait until the Elections Commissioner notified of it of the vacancy before taking a decision.
As this matter was discussed MMC Gunasiri requested the party leader to make his own decision on the matters since there is quite a lot of canvassing and lobbying for the post.
While the UNP was trying to resolve its problems in the CMC, CWC leader Saumyamoorthy Thondaman made another move to win demands for the plantation workers.
His meeting with the President though inconclusive bore some fruit and Mr. Thondaman now seems determined to put more pressure on the government to consider his proposals favourably.
The meeting was held to discuss a Committee report on the plantation sector. It took place soon after the Cabinet meeting. Mr. Thondaman was accompanied by his grandson Arumugam, Harry Chandrasekara and R. Yogarajah.
Mr. Thondaman said the report submitted by the Committee was unreasonable.
The Committee was appointed to see whether the plantation workers are entitled to a Rs.8 daily wage increase.
He told the Press on Wednesday the Committee while recommending a Rs.8 wage increase was of the opinion that they were not entitled to it. This is a contradiction, he said.
When he told the President his views on the report, the President said she was not in a position to say that the report was unreasonable. But she said she would look into what Mr. Thondaman said.
When the CWC asked for a further Rs.10 increase in keeping with the cost of living index payments made to other employees and to review the Committee report, the President said she could not do it single handedly. She requested the CWC to hold talks with the Management Companies and get back to her.
At this stage, Mr. Thondaman explained his difficulties in talking to the plantation management companies and said if they could solve this problem at that stage he need not have come before the President.
The President replying said she could not do it without the proper participation of the plantation management companies and asked Minister Thondaman as to what she could do about the matter.
Ultimately the President directed Mr. Thondaman to discuss it with the plantation management companies and get back to her to which Mr. Thondaman did not agree fully.
Soon after the meeting with the President the CWC leaders met to discuss the latest situation. They decided against the President's request to discuss the outstanding issues with the plantation management companies. Instead they would speak to them only if the Management Companies initiated a dialogue.
However, the President is likely to bring in a compromise between the CWC and the plantation management companies and the Employers' Federation since Thondaman factor is politically important for the existence of the People's Alliance government.
The government's reported moves to oust the LSSP could only be achieved if the CWC agrees to throw its full weight behind the government.
It is obvious that the President is fed up with the LSSP and its stand on various issues. The President knows very well the only way to enhance her majority in Parliament is to woo the CWC to join the PA.
But Minister Thondaman is too shrewd a politician to support the government without strings attached.
He might demand a ministerial portfolio for his grandson plus concessions for plantation workers like the Rs. 10 increase in addition to the Rs. 8 increase which the government is ready to grant.
However even if the government agrees to Mr. Thondaman's demands on wages, it would be an uphill task to find funds since the government is facing a severe financial crisis. Any new burden on the management companies might lead to a breakdown on the estates with severe economic repercussions.
But the President might look for other ways to accommodate the CWC so that she could show the door to the LSSP.
Meanwhile another attack on the government has been launched by the LSSP's Ratnapura fire brand, Vasudeva Nanayakkara. This time the issue was the statement by the Presidential Secretariat on the closure of the Bartleet Microdevices Lanka (Pvt) Ltd. The Secretariat had said:
"A strike and go-slow action organised by a trade union led by Rajitha Senaratne, a UNP National List MP, at Bartleet Microdevices Lanka (Pvt.) Limited at Weluwana Place, Dematagoda, has resulted in the closure of its production plant and business activities. Bartleet Microdevices Lanka (Pvt.) Limited is one of the few large-scale hightech industries in Sri Lanka which specialises in the production of electronic hardware.
"On the 20th of January 1996 the senior members of the management of the company were physically assaulted, seriously injured and the property of the company was damaged allegedly at the instigation of the union president Rajitha Senaratne and his union leaders.
"On the intervention of the chairman, BOI, Thilan Wijesinghe, a negotiated settlement was brought about as the majority of the workers were against violent action resorted to by the trade union leaders. But a small group of workers belonging to the Freedom Employees' Union continued disruptive action which finally led to the closure of the plant. After several months of dispute, the Ministry of Labour agreed to a compulsory arbitration.
"The majority of the workforce expressed their opposition to the disruptive actions of the trade union and agreed to the conditions offered by the management and returned to work. This process, however had taken so long that the company lost its regular orders from a leading Japanese company. This has resulted in the closure of the company causing loss of employment to about 1,100 employees. The employees alleged that the action of the Freedom Employees' Union led by Rajitha Senaratne was politically motivated and the workers' interests were not the main issue of the trade union's violent action.
"This same union and its president were also responsible for the closure of another foreign investment project - Prima Ceylon Limited, Bakery Complex and Head Office at Sri Jayawardenapura Mawatha, Rajagiriya. There too violence was used against the general manager of the company. The President ordered an investigation within one day and the culprits were apprehended. The matter is now before the Courts.
"The government is seriously viewing with concern, these incidents and the attempts by the Freedom Employees' Union which is affiliated to the UNP to disrupt investment activity and discredit the government's successful efforts for economic development and generating employment for youth.
"The President has ordered a full-scale police inquiry into this incident and that immediate action be instituted."
Mr. Nanayakkara, in a hard-hitting reply virtually accused the Secretariat of lying.
"We have to protest against the secretly produced document on the Bartleet dispute. The Freedom Employees' Union led by Dr. Rajitha Senaratne M.P., and the Democratic United Employees' Union led by us, jointly conducted the strike at Bartleets. The strike was based on the legitimate demands of the workers and not on any disruptive or revengeful motives.
"The immediate cause for the strike was that the legitimate demands made by the workers, to which the management had agreed to implement earlier, but had not been implemented, up to date. But after the dispute was referred to an arbitrator by the Labour Department the employees went back to work, as was the usual labour practice. But as stated in the Presidential leaflet, the arbitrator, Thilan Wijesinghe, never appeared or took part in settling this issue.
"Further Dr. Rajitha Senaratne did not at any stage plan or take part in any assault on the management. We thus vehemently protest against this blatant pack of utter falsehoods contained in this defamatory leaflet.
"The workers of the unions have informed the Labour Department the untold hardships and humilitations they had to undergo at the hands of the management after they resumed duties. But we learn that the closure of the factory was due to conflicts within the management itself and not due to the workers' strike. We are thus sorry that not only did the management try to use the workers' strike as an instrument to close the factory, but the undue publicity given by this Presidential leaflet to this same effect to undermine the workers is a telling blow to the workers.
"It also threatens the workers by falsely stating that a Police Inquiry is being conducted into the 'crippling blow on the economy' and thereby sending police officers behind the leaders of the two unions. We believe that this leaflet indicates the police pressure that is used to threaten the workers.
"We believe that other trade unions would join us to defeat this monstrous allegations made against us. We have already shown that the Essential Services Act is being used to curb both the workers and the Public. The PA has guaranteed that the Emergency would not be used to crush the workers.
"Using the Essential Services Act is to use the Army to replace the workers. It also enables them to take in workers or their families into custody. Putting fear into workers and conducting police investigations into workers unions and their legitimate rights should therefore be decried by one and all."
Among other matters Prime Minister Sirima Bandaranaike's pilgrimage to Putrapati to see Sathya Sri Sai Baba, has caused some speculation since she was accompanied by her son Anura Bandaranaike.
This came barely one week after Mr. Bandaranaike on his visit to Dhaka as an election observer, took with him letters from his mother to Bangladeshi leaders.
Just as the Foreign Ministry was recovering from what was seen as the Prime Minister's by-pass operation, she has now caused another surprise.
While Anura supporters are jubilant about this Indian visit, government MPs are upset. One Mulberry group member said: "There is some thing cooking". Others have also raised questions about the PM's way of doing things. The Prime Minister however is said to be least concerned about all the speculation she has aroused.
Ms. Bandaranaike's visit to Sai Baba is reported to be quite successful with the Mother and Son having a 45 minute private audience with the popular spiritual leader.
Glenda Dunuwille and Ms. Bandaranaike's brothers, Mackie and Sivali, also joined her, with their wives on the pilgrimage.
However, the story doing Colombo's political rounds indicates, that the President having learnt that Anura was joining the mother had second thoughts about her plans to sent her son, Vimukthi, with the grandmother and wanted him to stay back.
One Minister referred to Ms. Bandaranaike's visit to Putrapati at the weekly meeting. The President brushed it off, saying they went on a pilgrimage.
On Tuesday around 10.00 p.m., the President made an unannounced visit to see her mother, prior to the PM's departure to India but by that time Ms. Bandaranaike had already retired to rest upstairs.
The President was received by Ms. Dunuwille and asked whether she wanted to speak to the mother but the President who did not want to disturb her mother spoke with Ms. Dunuwille for about 20 minutes about Sai Baba.
The Cabinet discussion last week focused on the cost of living crisis. The Ministers decided to allow the import of potatoes and other items, despite objections by Agriculture Minister, D.M. Jayaratne.
Trade Minister, Kingsley Wickramaratne had come to the Cabinet with the same proposal the previous week but he had to withdraw them in the face of severe opposition by Minister Jayaratne. But last week, Mr. Wickramaratne convinced the Cabinet of the need to import essential items as part of plans to bring down prices.
For this, the Trade Minister proposed the import of 5000 tons of potatoes. Efforts by Mr. Jayaratne to get the proposed imports reduced by half could not make any headway when President Kumaratunga nodded her head to Minister Wickramaratne's proposal.
The Ministers collectively gave serious thought to the rising cost of living and were of the opinion that immediate measures should be taken to reduce the prices.
They also discussed a plan to bolster the economy by promoting the tourist industry which has a great potential.
The Ministers agreed that there should be a continuous publicity drive to lure tourists to Sri Lanka and the Cabinet agreed to set aside a large sum for this purpose.
The Cabinet was also appraised of the security situation and told that Jaffna and the rest of the country were relatively safe.
But by Thursday noon the President and the government were shaken when they learnt about the suicide bomb attack at Stanley Road, Jaffna minutes after Minister Nimal Siripala de Silva declared open a branch of the Building Materials Corporation.
The explosion killed among others, Brigadier Ananda Hamangoda, Lanka Cement Chairman, Ranjith Godamuna and retired Police Superintendent Carlyle Dias.
Minutes after the explosion, Army Commander Rohan Daluwatte telephoned the Minister's wife to inform her that Mr. de Silva was out of danger with minor injuries.
By evening the same day, the Minister was brought to Colombo and on Friday he met newsmen at the Merchants Ward of the National Hospital.
The bomb explosion in Jaffna came after a statement issued by the LTTE London office calling upon the government to withdraw troops from the Jaffna peninsula.
It was issued in response to a Conference Statement issued by the Australian Human Rights Foundation in collaboration with the Australian Federation of Tamil Associations.
As things stand today, its seems we are still a long way from finding a lasting solution to the ethnic crisis.
This depressing political scene has one advantage for the government in that the circumstances allow for a continuance of the Executive Presidency, which the PA promised to abolish on a priority basis.
With the UNP insisting on a unitary constitution and the Tamil parties pressing for a federal set up, the process is deadlocked.
Go to the Situation Report
You can be more British than the British. This is the oftentimes boorish management of the Biritsh Council library in Colombo has proved. Now, to please the Queen, the British Council library in Colombo is getting rid of its Sri Lanka collection. Mr. Harrison Perera, the librarian in charge, a choleric partonising man, says in his usually condescending worst that the Sir Lankan collection is to be terminated for "very good reasons".
For people who read books this does not, we are afraid, include the librarians of the British Council, the Sir Lankan collection at the British Council has been of particular value. You may, if the grandiose minds at the Council permit, even call the collection as olde world effort, a bit from here and a bit from there, but thoroughly interesting.
The best Sir Lankan collection in the island is of course probably in Preadeniya but that is of hardly any help to us folks in Colombo.
Now one enters the hallowed portals of the British Council these days with trepidation, because the place is being refurbished and all that type of grand jiggery-pokery. The British Council is being made into a repository of the new world reading material designed to keep professionals and other such people happy.
The Sri Lankan collection of course is the most prominent victim of this new drive for techno chic. Says Harrison Perera, in his staccato stiff upper lip argot that the British Council is here to cater to Sri Lankans who want to read British books. Whoops. We'd have never guessed that.
The Sir Lankan section, he adds, was for purposes of the expatriate community, who needed to have Sri Lankan meterial at their disposal (Of course this means that those who availed themeselves of the Sri Lankan section while it was in existence were just freebooters on the largesse that was actually meant for the foreigners.) Just when we thought neo colonialism was a bad word, here comes Harrison Perera to drive a different concept into our minds.
Guess what the management of the British Council in their infinite British acquired wisdom wants to do with its Sir Lankan collection? Says Harrison in his blissful and nonchalant mode, that the "British Council is going to put up the Sir Lankan collection for sale." If you would listen to Harrison Perera, you would think that the British were doing us Sri Lankans a very great favour.
The net result, for the information of rest of us hoi polloi Sri Lankan's is the second best Sri Lankan collection in the country will be scattered in the attics and storerooms of us ordinary people .
The next best thing we guess, to putting the collection on the internet.
We Sri Lankans are of course obviously not a very reading broading type of people. The public library is the national gutter for book reading. It is musty, dusty, and could pass off for a toilet, but if you would really see the toilets there, you would see that the word toilet has been given different meaning as well.
Naturally the British Council is the most heavily subscribed British council library in the entire world. This definitely gives more Kudos to the light skinned gentlemen at the British Council, who of course would probably tell you that they are only a shade lighter than the British, even if that matters.
Incidentally, in this day of the worldwide web and so forth, we shall distinguish the British Council with another accolade. It is also probably the only British Council in the world that is more security conscious than the men at Temple Trees. No notebooks are allowed at the British Council library, and you can have it be known from the (more British than the British) management that the British Council is suffering from a bad case of pilferage. Books are purloined: pages are purloined and schoolboys are found with pages of the Wisden in their pockets.
So the solution has been to ban all kinds of books from the reference section of the library. This is like banning cadavers in the graveyard. Pardon the moribund comparison, but the jet age thinking of the British Council administration engenders such minds boggling thought.
Why quarrel with the British Council, the cultured, refind and composed mind would definitely ask?
It is not that we pick the British in particular. Actually, the British have little or nothing to do with it. Not much argument on the fact that the British Council is not run charitably, or on the fact that the British have British interests at heart.
The germane issue here however is not who runs the institution, but on how ordinarily common sensical the institution is. (Pardon the un Britishlike coinage) The bottom line is that the library does not exist in vacuum. It exists in a community and presumably has at least a partially symbolic relationship with the community it serves.
In short this is a library. In which case why does the management that runs it, British, Sinhalese coloureds Pukkasahibs or whoever they maybe, act like a bunch of simpleton illiterates? It's a question that you should perhaps ask the British, because they are less British.......
Tailpiece: Among other things, the Jaffna libarary will be rebuilt. Torched by the goondas of the pre-Premadasa regime the library, in its destroyed state, become a more potent symbol for state terrorism than any other that was known. Jaffna library is being rebuilt; the general transition that is taking place in the peninsula is of course of profound significance.
Though soldiers such as the late Ananda Hamangoda could look into the eyes of the schoolgirls of Jaffna, Vembadi high or wherever they may be from, it is still moot as to how the schoolgirls look at the gladiators. Is the Sri Lankan army, thoroughly professional though its attitude may be, classified as an occupying army or as a liberating army?
To the school girls in Jaffna, who grew up without the benefit of the Jaffna library most of their lives it might be a searching question. Life in Jaffna is now in the interim in the limbo between rebel state and state.
All citizens of a rebel state are suspect, and as long as the Sri Lankan army was fighting to wrest back Jaffna from the LTTE, most residents of the peninsula were considered as being tainted in some way by being under the gun of the rebels.
Then the unthinkable happened. The villified Sri Lankan army took over the territory that was, to say the least, disputed in all tangible terms.
Reading the Jaffna mind from the confines of Colombo is a difficult exercise, but it is not difficult to fathom what the transition in Jaffna has done to the minds in Colombo's well placed observers.
The peace brigade, for instance, had maintained what is, despite the soft music in the background, a deafening silence.
If the changes now taking place in Jaffna are momentous, certainly the peaceniks are not saying it. They are in a strange limbo themselvs. People, both in Colombo and in Jaffna, are finding it difficult to decide whether the war has ended, what her it still continues, or whether we are just seeing the beginning of the end.
Peace is anti climatic, and this is essentially the problem that the huddled masses who were spectators to this war find difficult to comprehend. A war is fought. Peace happens.
peace is probably happening in Jaffna now in a way that is probably not to the liking of many observers of this conflict. Staccato bursts of violence disturb this peace, but when peace happens in any way, it hardly merits any attention in the international press.
It may be a homily, but good news is not news or are we collectively afraid the honeymoon won't last?...?
Go to the Guest Column
"Thaaththa," Bindu Udagedera asked, "is it true that satellite just celebrated her 51st birthday?"
"Yes," Bindu's father, Percy agreed. "Why?"
"Because we hardly knew about it. It's not like in those days....."
"Yes," Percy said, "those days we had Gam Udawa celebrations for one whole week....."
"Even before that," Bindu pointed out "we used to have tree planting campaigns on September seventeenth to remember another birthday...."
"But," Percy cautioned, "even though the present lot don't celebrate their birthdays they will celebrate September twenty sixth......"
"And whenever the UNP comes into power, they cancel that holiday....."
"And anyway, we don't celebrate the birthdays of D.S., Dudley or Sir John on such a grand scale....."
"Ah," said Bindu "someone must suggest that. Then we can have school holidays for every former Prime Ministers birthday or death anniversary....."
"Yes," Percy said, "they might even relax the power cut on those days...."
"Speaking of former Prime Ministers, Thaaththa," Bindu said, "Didn't they celebrate the Prime Minister's birthday with some fanfare this year."
"That," Percy explained, "was because it was her 80th birthday....."
"Then we might have similar celebrations when the old fox turns 90 in September...."
"Why shouldn't he?" Percy asked, "he has outlived them all..."
"Didn't they make a movie about the Prime Minister for her birthday, Thaaththa?" Bindu wanted to know.
"They did," Percy said, "why?"
"No, I thought maybe they should have made one for Satellite too....."
"If they made one, what would you call it?" Percy asked.
"How about, 'Weda Beri Nam Wedak Nehe'?"
"It's too early to say that," Percy said. "How about 'Hitha Honda Geheniyak'?"
"Ranil won't like that," Bindu protested. "He will ask whether she is 'Hitha Honda' when she is calling him all kinds of names..."
"Then what will you call it?" Percy asked.
"Remember, Thaaththa, the first promise she made when she came to power, to abolish the Presidency. Because of that, I think we should make a movie about the last two years and give it the title of the very first Sinhala film...." Bindu suggested.
"What's that?" Percy tried to remember.
"Why, Thaaththa," Bindu said, "it's 'Kadawunu Poronduwa'. "
Go to Rajpal's column
The Mitsubishi Pajero be longing to Sri Lanka Army's Medical Corps lay parked just a stone's throw away from a crowded ceremony. The shutters were up and the doors were locked.
The occasion was the ceremonial opening of yet another of a series of Building Materials Corporation (BMC) outlets in the north. This time it was in the heart of the city of Jaffna, at Stanley Road, which runs parallel to the Main Street of Jaffna.
Minister Nimal Siripala de Silva, assigned by President Chandrika Bandaranaike Kumaratunga to head a Task Force to re-habilitate and re-construct the Jaffna peninsula, was pressing ahead with a programme to open a string of BMC outlets.
The absence of an extensive retail network had led to prices of building materials sky rocketing. For example, a bag of cement, though price marked at Rs. 400 was being sold in the blackmarket for a staggering Rs. 2,400. Large amounts of money were in circulation and people were willing to pay a heavy price to re-build, even in a small way, their war-ravaged homes.
Having ended a formal opening ceremony, Mr. de Silva and his official entourage walked towards their vehicles for the return journey to the Palaly military base. After a lunch break they were due to board a return flight to Ratmalana. A host of military men, government officials and civilians followed the minister.
Brigadier Ananda Hamangoda, Brigade Commander for Jaffna town, walked ahead, unlocked the driver's door of the Pajero. He reached out for the other front door and unlocked it too, alighted and waited for Mr. de Silva to board. He got in and sat down. Brigadier Hamangoda who was driving the Pajero was readying to get in when he and others nearby saw a young woman, seemingly pregnant, moving forward from the crowd in the direction of the Minister.
By then men of the Quick Reaction Team (QRT) had kick started their motorcycles and were ready to escort the Ministerial motorcade. Private Pushpakumara of the QRT who had Private Seneviratne on the pillion saw the "pregnant" woman trying to dash towards Minister de Silva who had just taken a seat in the Pajero.
Pvt. Pushpakumara pulled his all terrain motor cycle across the woman's path. Within seconds a loud explosion rocked the area. The bodies of the two privates from QRT were charred and their motor cycle was burnt out twisted metal. Their courageous action saved the life of the Minister of Housing, Construction and Public Utilities, Nimal Siripala de Silva.
But Brigadier Ananda Hamangoda who stood closer to the advancing woman was killed on the spot. So were other Army, Police, Government officials and civilians. Among them was Ranjit Godamuduna, chairman of Lanka Cement Ltd. and Carlyle Dias, a retired Senior Superintendent of Police who was Civil Affairs Officer (CAO) in Jaffna.
Mr. Godamuduna, an experienced planter and a director of a Colombo brokering firm, was a full-time campaigner for the PA at the last general elections. Soon after assuming office as chairman of Lanka Cement Ltd. he was spearheading an ambitious progamme to re-commission the Kankesanthurai cement factory. He was setting the stage for the arrival of a group of foreign engineers.
Mr. Dias, an experienced Police officer assumed duties as Civil Affairs Officer after serving a stint at the office of the Commissioner General of Essential Services.
Thursday's bomb explosion, the first major incident in nearly eight months after the security forces re-captured Valikamam Sector of the Jaffna peninsula, incorporating the City of Jaffna, left 23 dead and 59 wounded.
The message was quite clear. The LTTE would use the techniques it acquired to become one of the world's deadliest guerrilla outfits against its own people, the people whom it vowed to protect in the so-called state of Eelam it pledged to create. Thirteen innocent civilians who were witnesses to an event paid with their lives. The message to the many who survived was clear - keep away from Government sponsored public events.
To the security establishment, it laid bare the fact that there had been infiltration into Valikamam sector. The re-capture of Valikamam was marked by a symbolic ceremony on December 5, last year. Security forces who focused on military offensives in Thenmaratchi and Vadamaratchi sectors had to stall their moves. They launched phase five of "Operation Riviresa" in Valikamam itself. The aim was to flush out groups that had infiltrated. This was in April this year.
But two months later, there had been infiltration again. In fact, military intelligence had warned of this factor. Disturbingly the infiltration this time was reportedly more organised with the Tigers possessing communication facilities to make contact outside Valikamam.
Thursday's attack by a female suicide bomber coincided with LTTE's Black Tigers Day. The occasion is observed to honour Captain Millar, the first Black Tiger to undertake a suicide mission. It came during "Operation Liberation" in Vadamaratchi in 1987. Millar drove a truck heavily loaded with explosives into the Nelliady Central College where troops were billeted during the operation. Though Black Tigers Day falls on July 5, the LTTE said in a statement that "commemoration ceremonies in Mullaitivu to remember Black Tigers started yesterday (Thursday)."
The incident in Stanley Road which comes in the wake of escalating terrorist activity in the east and the Wanni demonstrates on the one hand that the LTTE is by no means a force beaten by the successes of "Operation Riviresa". On the other hand, the scale of such terrorist activity exposes the weakness of the security forces in terms of manpower and resources to dominate the areas under Government control.
This logically raises the question of the strategic values of the success of the series of "Operation Riviresa". There is no doubt whatsoever that these operations demonstrated the military superiority of the security forces. At the same time it exposes the fact that the LTTE is no match to the security forces - a myth which the Tigers tried to create in their war against the IPKF - in a military confrontation. Whilst this inequality is true in terms of "force versus force" confrontation, the balance of advantage in unconventional operations is quite another matter.
It is no secret that the Army is fully committed in maintaining its domination in the Jaffna peninsula and therefore can spare very little regular manpower to support the largely volunteer and home guard elements which are mainly tasked to maintain security in other theatres of operations.
The ability to operate outside the peninsula would largely therefore depend on whether the LTTE can be totally neutralised in the peninsula or in the alternative, whether the Army could build up further manpower and equipment to undertake the additional commitments. Both seem unlikely in the immediate term.
In these circumstances, the question some military observers ask is whether "Operation Riviresa" has achieved the desired politico military objectives or whether the Army has successfully fought itself into a cul de sac. They say that an operation which is limited by its own end is not of value.
It is their argument that any operation should successfully flow into a series of continuous operations which contribute to the overall politico-military strategy. Hence, if as a result of Riviresa, the Sri Lanka Army is stultified in extending operations to other theatres, then it falls short of being a success in the totality of the war strategy.
Furthermore, these circumstances have led to a stalemated situation. Such an impasse can only be of advantage to the LTTE. In the context of the nature of the conflict, time can only favour the LTTE. The Government cannot afford this for many reasons, most importantly because of the economic strain. As it is, the repercussions of a Government over-burdened with the cost of war expenditure are telling heavily on the economy of the country. This in turn has its attrition on the popularity of the Government and its ability to govern.
Both the Government and the LTTE are now in a no-win situation. And the next phase of the war will see each side attempting to wrest the initiative. In this respect the LTTE at this point of time has the initiative of the choice of attack, when, where and the nature of the target irrespective of whether it is military, unarmed civilian or economic targets.
In order to deter this, the Government is committed to extend its military, political and economic resources to its fullest whilst strengthening and organising its capability to break out of the military impasse. This is critically important for the Government as the devolution package on which it relied towards a peace dividend is most unlikely to be accepted both politically and by the nation at a referendum.
The present stalemate is a phase not unfamiliar in the guerrilla warfare movements that have occurred the world over. To the guerrilla, the phase is of strategic importance to wear governments politically and economically by force of governance. The Government has to maintain its political, economic and security infrastructure. The guerrillas have no such responsibility.
So long as the guerrillas keep on achieving some success, they keep the movement in focus and give the population they purport to lead a promise of achieving the guerrilla aim - which is Eelam.
This, therefore, is a critical phase for the Government and the nation. All efforts should be co-ordinated and focused to one aim, one aim only. And that is to defeat the LTTE. To do so, militarily, the political strategies must go hand in hand.
In its effort to re-vamp the military capability, the Government is adopting several measures. In addition to stepping up its strength of manpower and equipment, the Government is also pursuing the qualitative improvement of its forces by improved training. In this, they have sought international training.
An American journalist, Mark Kaufman from the Philadelphia Inquirer was in the southern town of Wirawila last month. A report by him to his newspaper also appeared in last Sunday's Dallas Morning News. The news item widely circulated via the Internet says:
U.S. Quietly Expands its Role in Sri Lanka, says inter alia:
DeletedBy Mark Kaufman (Philadelphia Inquirer)
On an air base at the southern end of this tropical island nation - about as far from the United States as a person can get - a team of 12 Green Beret specialists is training Sri Lankan soldiers in combat medi-vac techniques, radio work and field engineering.
DeletedUnannounced, and unreported, the US military activity in Sri Lanka involves considerable security and political risks.
DeletedWhile Sri Lanka is one of the world's most beautiful places, it is also home to one of the world's longest and most vicious civil wars. Over the last decade terrorists bombs, the shelling of civilians, and thousands of hightime murders have left fifty thousand people dead.
Unlike most joint military exercises, the Pentagon has not publicized the Sri Lanka mission. It has not been mentioned in Sri Lankan newspapers which are heavily censored by a government sensitive about human-rights abuses laid at the feet of its military.
DeletedUntil now, the United States has had a small apparent role in the country's war - a bitter ethnic struggle pitting Tamil militants fighting for a separate homeland in the north against the Sinhalese majority of the south, who want to keep Sri Lanka whole.
"We have no dog in this fight," said the American military attached to Sri Lanka, Col. Carl Cockrum, who helped bring the Green Berets over for a mission code named "operation balanced style".
But the small - yet increasingly frequent - presence of US military advisors over the last two years suggest that formulation may be changing.
So does the State Department's official determination last year that the main Tamil group fighting for independence - The Liberation Tigers of Tamil Eelam or Tamil Tigers - is a "terrorist group".
And so does the recent finding by US human-right monitors that the Sri Lankan government is seriously addressing its unhappy history of harbouring quasi-official death squads. That positive State Department conclusion - which some human-rights groups in Sri Lanka say grossly overstates the governments progress - allows the United States to move even closer to Sri Lanka.
DeletedAll these steps, US official say are possible because of the dramatic improvement in Sri Lanka's human-rights record.
Both US and Sri Lankan officials in Colombo say there are good strategic reasons to be deepening ties. The American military is attracted to the islands prime location between the Middle East and the Far East and near China. And Sri Lanka is seeking a political counterbalance to its giant neighbour India.
But both sides also say they have good reason to keep their arrangements low-key. International and political affairs can be perilous business here. Consider the experience of the Indian Army.
Saying it was on a peace keeping mission to help solve the Tamil-Sinhalese ethnic war, India sent fifty thousand troops there in 1987, with the apparent approval of all parties. Three years later, and after 1500 soldiers were killed. India left Sri Lanka in a Vietnam-style defeat.
Then in 1991, Sri Lankan Tamil militants assassinated Rajiv Gandhi, the Inidan Prime Minister who sent Indian troops to their country. Tamil militants have also assassinated a Sri Lankan President, several defence ministers, and a long list of other top Sri Lankan politicians and officials.
Late last year, the Sri Lankan military stormed the Tamil north and routed the Tamil Tigers (and many civilians) from their long time stronghold. The Tigers, however, still control hundreds of miles of Sri Lankan jungle and periodically send out teams to attack patrols, villages and some heavy populated sites in Colombo.
The Tigers have their own US connections. Well-to-do Tamils living in the United States sent considerable sums of money to the rebels.
With a blood history like this, it is not surprising that the Green Beret team arrived unannounced. In a recent interview, the Sri Lankan Foreign Minister Lakshman Kadirgamar denied that any soldiers were on active duty in his country.
Deleted
Go to the Fifth Column
The former President of the Board of Control for Cricket in Sri Lanka, Ana Punchiwewa who has exceeded his authority with regard to enhanced payment to Alex Kontouri the Physiotherapist for the tours of Singapore, Trinidad and Los Angeles, has been referred to the Disciplinary Committee on the recommendations of the Executive Committee of the Cricket Board.
Meanwhile, when the 'Sunday Times' spoke to the former Cricket Board President, Ana Punchiweha he said the that he was willing to face any committee as he had not done anything wrong.
It is also stated in an exco report, that the former President has exceeded his powers in making the appointment of Advantage Sri Lanka as the official Sports Marketing Company of the Cricket Board and they have decided the appointment is ultra vires the constitution of the Cricket Board and informed them that this purported is not valid.
It was also decided that on the interim report on the development of the Galle CC and the construction of practice wickets at the Colts CC to link into the matters.
A-To appoint auditors to probe into the Galle CC matters in depth.
B-To re-negotiate the terms between the Board and Colts with regard to the usage and maintainee of the practice wickets. It was also noted that this project had cost Rs 54,000/- more than the mount allocated.
The Sunday Times learns that Uplai Dharmadasa the President of the Cricket Board, who is also the Chairman of the Disciplinary Committee has requested that the former President be summoned before the Advisory Committee first.
He has also shown dissappointment in the manner that the former President had on the instructions of some members of the Exco spoken tothe Chairman of Singer with regard to the conducting of the Singer World Series Limited Overs tournament. If he is so interested in the affairs of the Cricket Board he should have spoken to me instead of phoning the Chairman of Singers, Dharmadasa said.
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