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14th September 1997

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Tilvin: JVP will form new Govt. soon

Describing the PA as a miserable failure and pledging it will never talk to the
UNP, the JVP has said it will form a Govt. of its own in the near future.
By Roshan Peiris

JVP General Secretary, Tilvin Silva sitting in his new Attidiya office under the portraits of Marx and Lenin, said the party would ensure there was no racism and issues such as University entrance would be totally on merit.

Tilvin Silva, the slightly built man, bespectacled and friendly answered our questions with a smile.

Q: What has the JVP felt about the Sama Thavalama?

A: The Government is trying to give a message though I believe it has no intention of keeping it. This one country one people drama we feel is both a fraud and a farce. The Government is wasting its time on political circuses when vital issues like the cost of living and the economy need to be tackled.

Q: What does the JVP feel about the Devolution Package?

A: What are we to think when we don't even know what the Devolution Package contains? From what little we know, we see no good coming out of this package. Sri Lanka is a small country that cannot be divided and sub-divided. We are totally against federalism and the merger of the North and East. We are also against Regional Councils. All this won't bring the races together but will only cause further fissures among the Sinhala, Tamil and Muslim people.

Q: How does, JVP propose to meet the grievances and aspirations of the Tamil people?

A: This cannot be done by dividing the country into segments. We went before the Select Committee of Parliament and said there must be one country and all people be they Sinhala, Tamil or Muslim must be given their rights in all spheres of activity. Tamils must not be arrested at random and made to feel they are second class citizens.

Take University admissions. Of the 35,000 students admitted some 6,000 are selected on racial basis mostly. That is not fair. Students must be selected on merit. All must be given an equal chance.

Tilvin

Tilvin


Q: Has the JVP discussed the Devolution Package and the ethnic question with the major political parties?

A: We do not speak to the UNP. Minister G.L. Peiris has upto now never called us for a discussion. In 1995 we met President Chandrika Kumaratunga to discuss the ethnic issue but not in the recent past.

Q: What does the JVP feel about the three years of the PA government?

A: It is a saga of broken promises ranging from the solution of the ethnic issue to the abolition of the Executive Presidency.

It has been "Always breakdown".

Q: What does the JVP feel about privatisation?

A. We are completely against it. The Government is privatising important spheres of the economy such as the Colombo Port, Telecom and Gas. We are giving our resouces to foreigners and making it difficult for the workers who are being often intimidated by these multinationals.

Q: Will you consider holding a dialogue with the UNP since it is the main opposition party and you dislike the PA?

A: No, never. Much of the trouble today is a result of J.R.Jayewardene policy.

Q: But don't you think that even in the next decade the JVP cannot hope to form a Government of its own without the help of either of the two major political parties?

A: No, not so. We have support not only in the rural areas but in the urban areas also. We are building up our base rapidly. Countrywide we have won 101 seats in the local bodies and one even in Parliament. I won't say exactly when we can form a government, but it will be in the near future. We are confident.

Q: For the present ills of the country, what is the JVP remedy?

A: We stand for socialism and the abolition of private property. Also for equality among all people, no racism.

Q: But the socialism that you talk of, has obviously failed in the Soviet Union?

A: It failed in the Soviet Union because latterly it was not proper socialism with the top people living on over-comfortable life style owning dachas and the like.

Q: Where is the picture of Rohana Wijeweera? You all still revere him I presume.

A: Oh yes, He was the leader of our movement' had taught us what we know of socialism. His portrait is still at the old office. We will bring it here soon. How can we ever forget him, he is still in our hearts, our respected leader.


Army Chief brought before Supreme Court

By Kishali Pinto Jayawardana

Sri Lanka Army Commander Rohan S. Daluwatte and Commander of the 12th Brigade at Weli Oya, Brigadier Hiran Halangoda will soon appear before the Supreme Court to defend themselves against allegations of violating the fundamental rights of a senior army officer.

The Supreme Court on Wednesday granted leave to proceed in a somewhat unusual rights petition, in which Lieutenant Colonel A.S. Amarasekera, a commissioned officer of the Sri Lanka Army Volunteer Force has alleged that his superior officers had discriminated against him on account of his political beliefs. Describing himself as a staunch opponent of the peace package, he has alleged that his political views had led to the army top brass preventing him from visiting border villages in the Weli Oya area for humanitarian work.

This has violated his fundamental right to the freedom of speech and expression, the freedom of movement, right to equality and the right not to be discriminated against on account of his political opinion.

Lt. Col. Amarasekera has also asked the Supreme Court to issue an interim order restraining the respondents from denying him access to border villages in the Weli Oya area, or any other part of the country which he has a legal right to visit.

The Court has fixed September 23 for inquiry into the application for an interim order.

The Bench comprised Supreme Court Justices Mark Fernando, R.N.M. Dheeraratne and S.W.B. Wadugodapitiya.

In his petition before the Court, Lt. Col. Amarasekera has pointed out that ever since the government publicised its devolution proposals, he had opposed them on the grounds that they would lead to further ethnic strife within the country. While being an officer of the Army, he had made his views known to all and sundry, but had been speedily cautioned by his commanding officer Major General Jaliya Nammuni that such sentiments were out of place, considering his position.

Thereafter, he had asked for permission to be demobilized in order to permit him to oppose the proposals if not in uniform, then out of it. Permission had accordingly been granted.

He had then devoted his time and energy to working in non governmental organizations that had been set up to mobilize support in the border villages and to informing the public of the negative aspects of the peace proposals.

In this respect, he had continued to work as a member of the Thavalama Development Foundation and the Vijayabahu Trust Fund, both of which had been set up some years previously. In early 1997, he had, along with several others including the Ven. Bengamuwe Nalaka Thero and Lawyer S.L. Gunasekera, visited several Army camps in the Mannar District and had distributed gift packs and supplies to the soldiers. They had also distributed leaflets that were critical of the peace package.

Lt. Col. Amarasekera states that he participated in this exercise in the belief that there was nothing improper in his actions as the government itself had invited constructive criticism on its proposals. The troops being members of the public deserved to hear various opinions regarding the peace proposals.

It was their fundamental right to hear those opinions and it was his fundamental right to express his views in this manner, he declared. Moreover as Deputy Minister of Defence Anuruddha Ratwatte has also addressed the troops on the proposals, it was only natural that he too could claim this selfsame right.

Subsequent to the Mannar visit, he had been again summoned by Major General Nammuni and asked to explain his actions, which he had done. He had also sent a letter to the Army Commander to which he had received no reply.

Lt. Col. Amarasekera declares that it was thereafter that he had been discriminated against in a humiliating and unjust manner. He had been refused entry to the Army Hospital where he had been receiving continuing treatment for diabetes.

The grounds on which his petition is based is however an incident that occurred on August 23 where he had been barred entry to the villages in the Weli Oya area when he had arrived along with other members of the Thavalama Development Foundation, to distribute dry rations among the villages.

He argues that this was in consequence of an order given by the Army Commander to Brigade Commander in charge of the Weli Oya area, Hiran Halangoda, according to a letter sent to him by Brigadier Halangoda. He had been asked to obtain the unqualified permission of the Army Commander if he wishes to come to Weli Oya to distribute the dry rations. A letter sent by him to the Army Commander had again been unacknowledged.

In appealing to the Supreme Court to intervene in order to protect his fundamental rights, Lt. Col. Amarasekera has not asked for compensation. He states that his objective is not to obtain the payment of any money from the respondents, but to secure his fundamental right to visit the villages in Weli Oya.

He has also cited his long service record in the North, recommendations that he be awarded the Rana Sura Padakkama for bravery under terrorist fire and commendations made to him on record by the late Lieutenant General Denzil Kobbekaduwa for efforts made to safeguard border villages in Vavuniya and Anuradhapura.


SPUR on formula for peace

The Society for Peace, Unity and Human Rights for Sri Lanka Inc, (SPUR) in a paper presented at a workshop held in Canberra on August 31 to discuss peace in Sri Lanka has called for a complete annihilation of the Tiger terrorists without giving them a breather to regroup themselves. The prime mover of the workshop was one-time JVP leader Lionel Bopage now pursuing peace with the help of some organisations which are very keen in acting as mediators in Sri Lanka.

SPUR had stated that once the main force of terrorism that bled the country for the last one and half decades is erased from the equation, stringent steps should be taken to eradicate racism that parented terrorism.

Sweeping legislation that prohibits racial discrimination, dissemination of racist sentiments and calls for territorial separation on the basis of race should be drafted and strictly enacted, the group states.

In the past, political leaders belonging to Sinhalese, Tamil and Muslim communties had used racist sentiments only to increase their power base, mostly making unreasonble claims and demands, but sometimes patronizing or giving in to them in their bid to secure power in Parliament. This should stop when it is made clear that no one is above the anti-discrimination legislation, it says.

SPUR's proposal is to create an acceptable environment to have Sri Lanka as a single country with diverse groups protected by justiciable human rights and prohibit any abuse of ethnicity. Any division of the country through devolution of powers or any other means to create ethnic territories will ultimately lead to more instability and border wars. The workshop was addressed by members of all communties.


Death of a former speaker

Former Speaker Al-Haj Bakeer Markar passed away at the age of 80, last Wednesday and was buried in his home town of Beruwela.

Mr. Markar was elected Speaker on September 21, 1978 but resigned from his office on August 30, 1983. He had earlier been Deputy Speaker. Born on May 12, 1917, Mr. Markar received his education at St. Sebastian's School, Hulftsdorp and thereafter at Zahira College Maradana. At Zahira he came under the influence of the late Dr. T.B. Jayah, one of Ceylon's best known educationists and veteran politician. At Zahira Mr. Markar was the editor of the College magazine and was a convincing speaker and an able debator, fluent in all three languages.

Former Speaker

In 1940 he joined the Law College and passed out as a Proctor taking his oaths in 1950. World War II had disturbed his law studies. In 1942 he joined the Civil Defence Services and was selected for Civil Defence Training at Hyderabad, India.

While yet a law student, Mr. Markar became the Speaker of the All Ceylon Muslim League Senate and President of the All Ceylon Muslim Students Movement.

Mr. Markar was a Minister without portfolio and then retired from politics in 1988 paving the way for his son Imithiaz Bakeer Markar, one-time Deputy Minister of Housing and current UNP MP to take his place in the politics of Beruwela.


Tourist dies after swim

A German tourist bathing in the sea off Marawila died of spinal cord injuries sustained while swimming.

Jens Bauclisch (27) and another German Amja Zieglar went for a swim. After a while Zieglar came ashore. When Bauclisch was taking a long time to return, he, with a few helpers, brought ashore Bauclisch who was finding it difficult to swim.

They took him to the Negombo Hospital from where he was transferred to the National Hospital and after a week's treatment he died.


Criminal defamation: Govt. says no to UNP amendment

An amendment moved by the UNP to prevent the prosecution of a citizen for criminal defamation of an MP or the President, was turned down by the Government in Parliament on Thursday.

Media Minister Mangala Samaraweera first said the Attorney General had advised that a two-thirds vote of Parliament was required to pass the amendment. But when UNP leader Ranil Wickremesinghe pledged his party's support for the required two -thirds, the Media Minister said he was not accepting the amendment.

The move came during the debate on the Parliament (Powers and Privileges) Amendment Bill. Former Information and Broadcasting Minister Tyronne Fernando moved that "Notwithstanding anything in Section 31 or any other law, no person shall be prosecuted for any offence set out in Chapter XIX of the Penal Code, where the person alleged to be defamed, is or was at the time of the alleged defamation a Member of Parliament or the President of the Republic.

Mr. Fernando said the purpose of the amendment was to prevent a member of Parliament or the President from hounding journalists and punishing them twice.

If their privileges are affected they must go under this law to the Supreme Court. They cannot act under Criminal Defamation, he said.

Minister Samaraweera slammed the amendment as frivolous and ill-thought.

Earlier during the debate, the Media Minister appealed to the opposition, "let us hope that spirit of 1953, when the Government and the Opposition worked together without resorting to cheap frills and gimmickery, we can vote together and come up with a media policy which will stand the test of time".

Meanwhile, the House, appointed a Select Committtee to study media law reforms. It comprises Mangala Samaraweera, Dharmasiri Senanayake, G.L. Peiris, Lakshman Kadirgamar, Amarasiri Dogangoda, S.B. Dissanayake, Dullas Alahapperuma, Dilan Perera, Mahipala, Anura Priyadharshana Yapa, P. Chandrasekaran, M.M. Zuhair, Asoka Weerasinghe, R. Yogarajan, Y.P. de Silva.

A. C. S. Hameed, Tyronne Fernando, V. J. M. Loku Bandara, K. N. Choksy, Ranjit Maddumabandara, Karunasena Kodituwakku, Sarath Amunugama, Henry Jayamaha, Mahinda Samarasinghe, Neelan Thiruchelvam, S. Siddharthan, Douglas Devananda, Ravi Karunanayake and Nihal Galappathi.

The committee is to meet and call for representations shortly.


Can't part with Lake House now: Mangala

Media Minister, Mangala Samaraweera told representatives of a journalist union that Associated Newspapers Ltd. (Lake House) ownership would not be broadbased immediately as pledged during the PA campaign for the general elections in 1994.

Mr. Samaraweera told officials of the Sri Lanka Working Journalists Association (SLWJA) at a meeting that at the moment the government cannot broadbase ownership of Lake House as it was the only newspaper group to channel govt. views to the public.

The PA manifesto said, "Action will be taken to broadbase the ownership of Associated Newspapers of Ceylon Ltd., in keeping with the intentions of parliament, as set out in the original legislation. The shares of Lake House will be traded in the Stock Exchange, with arrangements to ensure that no single person, organisation or group will be able to own and/or control more thatn 20 per cent of the shares. In the initial issue of shares priority will be given to journalists and employees of Lake House, organisations, associations that encourage freedom of expression, trade unions and professional organisations".


Srimani's plea stonewalled

NDUNLF Leader Srimani Athulathmudali has complained to Defence Secretary Chandrananda de Silva that she is not being provided with extra security, despite advise from the Ministerial Security Division (MSD) following the arrest of a suspected LTTE suicide bomber who was targeting her.

Ms. Athulathmudali, wife of slain National Security Minister Lalith Athulathmudali has only one constable and two plainclothesmen for her security since her dismissal from the Cabinet on June 09.

A suspected woman cadre of the LTTE, arrested a few months ago reportedly confessed she and two accomplices planned to assassinate Ms. Athulathmudali in her electorate of Mt. Lavinia. The two accomplices are still at large.

The MSD had requested Ms. Athulathmudali to take the matter up with the Defence Secretary, but sources close to the former Minister said her letters were not even replied.


Killer liquor bail order on Wednesday

By S.S. Selvanayagam

Batticaloa District Court Judge on Friday refused bail to six suspects remanded in connection with the adulterated liquor tragedy in Batticaloa district which led to the death of 60 persons.

Lawyers appearing for the suspects made submissions before the District Judge J. Viswanathan for the release of the suspects on bail but the State raised objection for bail.

State Counsel Sasi Mahendra said that as the suspects in this case were affluent people it would become a hindrance to continuing the case in the event of their release on bail.

Inspector Sam Bandula told Court that on investigation, police officers found that a person named Ranjan along with one Pratheep had brought the deadly spirit from Matale to the first suspect Ramakrishna's place and the liquor had been mixed by another man named Periyathambi Dharmasena with the spirit on the instructions of the first suspect.

Dharmasena who mixed the liquor with the spirit collapsed when he had filled 40 bottles from the inhalation of the spirit in the process and when he gained consciousness he filled another 60 bottles, the police officer stated.

The bottles of adulterated liquor were later transported to the liquor bar at Koddaimunai and the police party on a tip off, raided the owner of the Koddaimunai Bar and found the machine that had been purportedly used for bottling, he added.

He objected against the release of the suspects on bail and told the court that the suspect Gangatharan had tried to destroy the leftover of the liquor bottles in a bid to tamper with the evidence.

The District Judge said that the decision on the application for bail will be delivered on Wednesday. The suspects kept in remand are Punchiyappu Ramakrishna, Chandran Nadesarajah, Samithamby Vadivel, Veerakuddy Nithiyanantharajah, Thatchanamoorthy Mohan and Velayutham Gangatharan.


MP blames Govt. for liquor deaths

An EPDP MP has blamed the Govt. for the liquor tragedy in Batticaloa and asked that compensation be paid to the poor families of the victims.

Batticaloa District parliamentarian A Rasamanickam in a letter to President Kumaratunga has said the Govt. is responsible, as the liquor was sold in licensed liquor shops.

Calling for a full inquiry, the MP also says most hospitals in the area were unable or ill-equipped to cope with the tragedy. The hospitals had no ambulances and in one case a hospital had only one ambulance without tires.


UNP protest in Beliatta tomorrow

The UNP will stage a Sathyagraha in Beliatta tomorrow protesting against alleged PA-instigated violence in the country and the recent killing of two UNP members of the Beliatta Pradeshiya Sabha.

A party spokesman claimed there was an escalation in violence against the UNP supporters at grassroots level, and if the present trend continued the party would launch similar protests islandwide.


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