Showing posts with label Mahind Rajapakse. Show all posts
Showing posts with label Mahind Rajapakse. Show all posts

Sunday, January 11, 2015

Maithri’s Promise Of Media Freedom And Our expectations

From Colombo Telegraph

By Kshama Ranawana -

State media in Sri Lanka received a scathing reprimand by Maithripala Sirisena, during his acceptance speech, soon after he was sworn in as President.

Never before, he said, had state media gone to the extent it did, as in this election, adding that state media has abandoned every vestige of professional decency.

Indeed his rebuke was most telling. State media was in overdrive the last several weeks, looking for cheap theatrics to attack Sirisena and his coalition of opposition parties.

Since the take over of the Lake House group during Sirimavo Bandaranaike’s government, and state control of media was introduced, successive governments have utilized the media to promote themselves.  However, it was under the Rajapaksa regime that the media, including many private sector groups fell to its worst depths. Shamelessly!  Many so-called editors both in print and electronic media behaved more like attack dogs.

The new regime promises change. President Sirisena campaigned on a platform for change, and promises in his manifesto, “I will create the background necessary for providing a balanced service to the country by immediately stopping the State media being used as a propaganda weapon of the ruling party. I will consolidate to the maximum mass media freedom and the right of information.”

Rajith Senaratne is on record promising to implement the changes and reform media behavior.
But here is the catch. If this regime goes on to make political appointments to staff any media outlets, their plans of reform will fly through the door.

If the media is to be truly free, state control must be replaced with a regulatory committee that would oversee appointments and content. Appointments to executive positions, such as Chairmen and Directors General should be through a parliamentary select committee. Key positions must be held by professionals who are capable of withstanding political interference and bringing balanced information to the public, not by those who are rewarded for supporting a political party or for being “close to” any politician. Will this new regime be willing to forgo its hold of the Lake House group, and turn it into a crown corporation or privatize it.?

None of the private broadcasters have the ability to reach all Sri Lankans in the manner State control media has. Therefore, a large section of the country hears and reads only what the government wants it to know. As has been observed during this past election, members of the opposing coalition were denied time to air their views on national channels. That is a flagrant violation of the rules governing the media during an election. Believing in the immortality of the regime, government minions went on to distort facts and sling mud at opponents. That was not curtailed to the election alone. Shaming and labeling individuals has been practiced by previous governments too, but it was the Mahinda Rajapksa’s regime that took that dastardly behavior to its lowest depths resulting in security issues and even murder of those who fell out of the governments favour.

Had social media not played its part, many Sri Lankans would have been in the dark even about the oppositions’ manifesto. Yet, the reach of social media in Sri Lanka is limited. Voting patterns in this past election is clear. Where internet is freely available, for the most part, voters supported President Sirisena.


Our expectations of this new ruler is high. Let’s hope his promise of media freedom and by extension the restoration of democracy will be upheld with appointments of professionals and not derailed by political opportunists.

Thursday, December 4, 2014

Blatant Electioneering using State Resources! (Johnny Boy goes to the boutique)

This really takes the biscuit!!!

From Daily Mirror:-
100 mini lorries with the image of President Mahinda Rajapaksa were distributed among Sathosa outlets today to provide essential items to the public at concessionary prices in remote areas. Internal Trade Minister Johnston Fernando said the number of such lorries selling essential items would be increased to 1,000 in the near future. Pix by Kithsiri de Mel



From Neth FM
සතොස අද සිට අත්‍යාවශ්‍ය භාණ්ඩ සහන මිලට බෙදයි
අතවශ්‍ය භාණ්ඩ සහන මිලට ගමින් ගමට ගොස් බෙදා හැරීම සදහා සතොස ලොරි රථ 100 ක් බෙදාදීමේ උත්සවය ජනාධිපතිවරයාගේ ප‍්‍රදානත්වයෙන් අද සිදු කෙරුණා. උත්සවය පැවැත්වුණේ කොළඹ ගාලූමුවදොර පිටියෙදීයි. මෙම වැඩපිළිවෙල යටතේ ලොරි රථ දහසකින් භාණ්ඩ බෙදා හැරීමටයි නියමිතව ඇත්තේ. 

Wednesday, December 3, 2014

Two get beat up for the “crime” of objecting to an MR cutout - Video

Two persons have been hospitalized after attack made by a group of thugs who had crashed in to the house of Mr. Thusitha Weerasinghe in Diwulapitiya today (03) around 2.30am, after he had objected for erecting an illegal cutout in front of his house. This is the 9th act of election violence reported since the announcement of the Presidential Election, the Campaign for Free and Fair Elections (CaFFE) says.
Watch Video below:-

According to CaFFE, Mr. Weerasinghe has objected a group of people when they were trying to erect a cutout in front of his house. There a gang 15 men lead by the chairman of the Divulapitiya PS Indika Anuruddha, Nimal Karunathilaka and Asanka had threatened him.

According to Mr. Weerasinghe, the thugs had shouted saying that since this was their government, they were permitted to erect a cutout at any place they like.

The injured persons are said to be the brothers of Mr. Weerasinghe and after admitting to the Diwulapitiya hospital, they have been transferred to Dambadeniya hospital for safety.

According to CaFFE, 9 acts of election violence have been reported so far which includes 4 incidents of using firearms. However, no person has been arrested by the police regarding any of these incidents.

BBS does a about turn!!!

Statement made on 27th November 2014

About turn on 1st December

Bar Association Wants Colombo Mayor To Remove MR Hoardings

The Bar Association of Sri Lanka (BASL) has sent a letter of demand against the Colombo Municipal Council Mayor A. J. M. Musammil demanding him to take immediate steps to remove the large number of illegal propaganda hoardings of President Mahinda Rajapakse within the municipality of Colombo forthwith.
The BASL reiterated that in the event of failure to comply with this demand it would institute legal proceedings against the Mayor for contempt of court and for non compliance of law and acts of corruption upon his noncompliance with this demand with immediate effect.
The BASL had sent this letter of demand through Samararatne Associates stated that the Bar Association of a Sri Lanka, acting through its Bar Council and the Executive Committee, have unanimously resolved to take up matters concerning Free and Fair Elections to be held on the 8th of January 2014.
The BASL stated a very large number of propaganda hoardings, approximately 1800, of President Mahinda Rajapakse have been put up within the city limits of Colombo in direct violation of the by-laws published in the Gazette Notification dated 20.01.1989 and Advertising Guidelines of the Colombo Municipal Council (CMC) which came into effect in 01.01.2006 and without any consideration given to the detrimental effects such unauthorized hoardings have trespassed on the scenic beauty of the city, blocking most of the traffic signs.
The BASL observed that such display hoardings had been allowed by Mayor without any regard to the scenic beauty and the historical value of the capital city of the country, and also without due regard to safety of the public.
The BASL informed that displaying of advertisements/hoardings within the Colombo Municipality is regulated by the Advertisement, Decoration and Posters By-Law 1991 of the CMC. Section 2 of the said By-law, stated that,
“No one shall display any advertisement or cause any advertisement to be displayed so as to be visible from any street, road, canal, lake, sea or the sky except under the authority of a license issued in that behalf.”
The BASL further stated that such display of hoardings which carries the photograph of the President Mahinda Rajapakse who has declared his intention to contest the forthcoming Presidential Election, have not obtained the approval of the CMC nor displayed the approved number of hoardings as sought from the CMC.
The BASL further stated that these hoardings have been put up in violation of Clauses 3, 4, 6, 8, 10, 11 and 12 of the advertising guidelines of the CMC.
The BASL further stated that the Supreme Court of the Democratic Socialist Republic of Sri Lanka in S.C.F.R Application No.252/2007 directed that the Colombo Municipal Council take steps to strictly enforce the by-laws published in the Gazette Notification dated 20.01.1989 and the guidelines for advertising in Colombo which came into effect on 01.01.2006 and a further direction was made by Their Lordships of the Supreme Court that all unauthorized/illegal hoardings erected in the Colombo Municipal Council area which were given approval in violation of the aforementioned by-laws and the guidelines for advertising in Colombo to be removed by the Colombo Municipal Council.
The BASL further observed that the Mayor have been further directed by the Commissioner of Elections by his letter dated 30th November 2014 that these illegal hoardings be removed and he has failed to carry out the said direction in flagrant violation of Law and continue to permit the exhibition of these illegal hoardings. The Mayor has thereby acted in a corrupt manner falling within the Bribery and Corruption Law.

Monday, December 1, 2014

JHU Invites President Rajapaksa To Be Part Of ‘National Unity Govt’

The JHU today invited President Mahinda Rajapaksa to be part of the National Unity Government which will be formed for 100 days following the victory of Common Candidate Maithripala Sirisena.
Addressing a press conference in Colombo, JHU Parliamentarian Patali Champika Ranawaka said that they would not allow any party to prosecute President Mahinda Rajapaksa after the Presidential Election.
He also announced that the JHU has decided to extend its support to Common Candidate Maithripala Sirisena at the forthcoming Presidential Election.
The JHU also stated that the Common Candidate accepted its proposals pertaining to good governance and strengthening democracy. It was on that grounds, the JHU said, the party decided to extend its support to the Common Candidate.
The JHU and the Common Candidate will enter into a separate agreement with regard to the proposals. However, JHU representatives were not present at the event to mark the signing of the MOU between the parties of the common opposition yesterday (1).
Th JHU stalwart also stated that the agreement between the two parties is aimed at benefiting the entire country, and not only the Sinhala-Buddhist community.
Meanwhile, addressing the same press conference Common Candidate Maithripla Sirisena added that he did not have any secret agreement with any party. “My agreements are open and anyone can examine them without any difficulty”, Sirisena said.
The common candidate also added that Members of the security forces will only be used for security related matters and not as cooks,waiters and helpers at various institutions.

Sunday, November 30, 2014

ඉතිහාසයෙන් පාඩම් ඉගෙන නොගන්නේ නම් – රංජිත් හේනායකආරච්චි

උපුටාගනීම
රංජිත් හේනායකආරච්චි


අද වන විට ලංකා දේශපාලනය තුල සිදුවෙමින් පවතින කැළඹීල්ල ඇතිවීමේ, ඇති කිරීමේ පෙර ගමන්කරුවන් වූයේ විවිධ ප්‍රගතිශීලී දේශපාලන ක්‍රියාධරයන්, බුද්ධිමතුන්, කළාකරුවන්, මාධ්‍යවේදීන් ආදී මෙකී නොකී විවිධ පුද්ගලයන් සහ සංවිධානයන් ආදියයි. එම තත්වය ඇති වන්නේ ඔවුන් කාලයක් තිස්සේ ගෙනගිය නොනවතින උද්ඝෝෂණ හේතුකරගෙනයි. මෙම තත්වය මෙවැනි තත්වයටකට ගෙන ඒමේදී දෙමළ ප්‍රජාතාන්ත්‍රික බලවේගයන් පශ්චාත් යුධ ලංකාවේ තම අයිතීන් වෙනුවෙන් නොනවත්වා කරගෙන ගිය සහ යන අරගලයද හේතු වේ. මෙසේ විවිධ කණ්ඩායම්, පුද්ගලයන් සහ දේශපාලන බලවේගයන් ගෙනගිය ඒ අඛණ්ඩ සටනේ ප්‍රතිඵලය ලෙස පොදු අපේක්ෂකයෙකු පිළිබඳ උවමනාව ලංකා සමාජයට සමාජ ගත විය. එසේ පොදු අපේක්ෂකයෙකු අවශ්‍යය යන්න සමාජගත වූවායින් පසුවද තවත් මාස 6 ක් පමණ එසේ පොදු අපේක්ෂකයෙකු ලෙස තෝරා ගනු ලබන්නේ කාවද යන්න පිළිබඳව මේ කණ්ඩායම් සහ පුද්ගලයින් අතර දීර්ඝව විවාදයට සහ සාකච්ඡාවන් වලට ගනු ලැබූ අතර අද වන විට එම වැඩපිළිවෙලේ ප්‍රතිඵලය ලෙස පොදු අපේක්ෂකයෙකු තෝරාගෙන ඇත. වැරදි නොකළ දේශපාලඥයන් නොමැති ලංකාවේ අපට තෝරා ගැනීමට සිදුවන්නේ සාපේක්ෂකව අඩු වැරදි කළ අයෙකි. මා සිතන්නේ සෑම පැත්තකටම වාගේ අගය කළ හැකි පුද්ගලයෙකු ඒ අනුව අද වන විට තෝරාගෙන ඇති බවයි.
දැන් මම අපේම ඉතිහාසය නැවත මතක් කරන්නට කැමැත්තෙමි. විශේෂයෙන්ම මම මෙහිදී ආමන්ත්‍රණය කරන්නේ මේ පොදු අපේක්ෂකයෙකුගේ අවශ්‍යතාවය වෙනුවෙන් මතවාදය දියත් කරමින් කලක් තිස්සේ ක්‍රියාත්මක වූ දේශපාලන, සිවිල් ක්‍රියාධරයන් සහ බුද්ධිමතුන්ටයි. මෙවැනි අවදියක් 1994 වන විට තිබූ බව ඔබට මතක ඇත. විශාල මිනිස් ඝාතනයන් සිදුකර, රට අත්තනෝමතික පාලනයකට නතුකර, බුද්ධිමතුන් බලු කුක්කන් තත්වයට දමමින් පැවති දුර්ධාන්ත කාලයක් එම අවදියේ රට තුල පැවතුණි. මහාචාර්ය සරත්චන්ද්‍ර මහතාට ගනන්කාරයින් ලවා කානු දිගේ අදිමින් පහර දුන් අතර නඩු කාරයින්ට රස්තියාදුකාරයින් ලවා හූ කියවනු ලැබීය. රිචඩ් සොයිසලා වැනි නිදහස් මතධාරී මාධ්‍යවේදීන් ඝාතනය කරනු ලැබුණි. විවේචනාත්මක අදහස් ඉදිරිපත් කළ අයමත මරණයේ සෙවණැල්ල වැටුණි. ගෝනවල සුනිල්ලා, සොත්ති උපාලිලා වැනි මැරයන් පොලිස් බලතල ඇතුව මැර කම් කරනු ලැබීය. මේ තත්වයට එරෙහිව සියළු බලවේග එදා එක්වුන අතර මේ අකාරයෙන්ම පොදු අපේක්ෂකයෙකු ලෙස එදින චන්ද්‍රිකා ගෙනඑනු ලැබුණි. බලය පෙරළීමේදී විශාල කාර්යක් ඉටුකළ මෙම ප්‍රගතිශීලී කණ්ඩායම චන්ද්‍රිකාට බලය ආවායින් පසු ඇය ප්‍රශ්න විසඳන තුරු බලා සිටියා මිස ක්‍රියාකාරීව එහි කොටස් කරුවන් නොවීමේ තත්වය පැවතුණි. ජනවාර්ගික ප්‍රශ්නයට දේශපාල විසඳුම්දීම සහ විධායක ජනාධිපති ක්‍රමය අහෝසිකිරීම වැනි ප්‍රධාන කාරණාවන් ක්‍රමක්‍රමයෙන් පසුමුණට ඇදී ගිය අතර චන්ද්‍රිකා බලයට ගෙන ඒමට ප්‍රධාන කාර්ය භාරය ඉටුකළ ප්‍රගතිශීලී බලවේග සහ පුද්ගලයන් ඈතින් ඈතට තල්ලුවී ඒ වෙනුවට ජාතිවාදයෙන් උන්මත්තක පසුගාමී බලවේගයන් චන්ද්‍රිකා වටා රොද බඳිනු ලැබීය. බොහෝ විට අප පුරුදු වී ඇත්තේ එදා සිදුවූ වරදට චන්ද්‍රිකා දෙසට පමණක් ඇඟිල්ල දික් කිරීමටය. ඇත්ත නම් බලය මාරු කර ගැනීමට සංවිධානය වූ අය ඉන්පසු ලිහිල් අයුරකින් ඔහේ බලා සිටීම නිසා බොහෝ විට චන්ද්‍රිකාට එය වෙනස් කිරීමට උවමනාවක් තිබුනා වියහැකි වුවත් එය කර ගැනීම නොහැකිවීමට හේතු වූවා විය හැක. එදාද මේ බලවේග සංවිධානාත්මකව චන්ද්‍රිකාට ප්‍රශ්න විසඳීමට සහාය වෙමින් පසුගාමී බලවේගයන්ට ඇය වටා රොක්වීමට එරෙහිව අරගලයක යෙදුනානම් තත්වයන් සමහරවිට වෙනස් වන්නට ඉඩතිබුනි.
කෙසේ වුවද මම මේ කියමින් සිටින්නේ අද පොදු අපේක්ෂකයෙකු ලෙස මෛත්‍රී තෝරාගෙන යන ගමනේද ප්‍රගතිශීලී දේශපාලන බලවේගයන් සංවිධානාත්මකව ඉදිමින් මෙයට සහයෝගය නොදේනම් පසුගාමී හා ජාතිවාදී බලවේග (දැනටමත් කොටසක් සිදුවී ඇති අයුරින්) මේ පෙරළිය තුල තම කරණම් පෙන්වා ජයග්‍රහණය ඔවුන්ගේ ග්‍රහණයට ගනු ලැබීම නොවැලැක්විය හැකිය. එසේ නම් ඉතිහාසය අපට කියාදී ඇති පාඩම් අමතක නොකර දැන් අප කළයුතුව ඇත්තේ ප්‍රගතිශීලී දේශපාලන සංවිධාන, ක්‍රියාධරයන්, කලාකරුවන්, බුද්ධිමතුන් ආදී සෑම ෆැසිස්ට් විරෝධී ප්‍රගතිශීලී මත දරන්නන්ම එකට සංවිධානය වීමයි. එතුලින් පොදු අපේක්ෂකයා දිනවීමට ක්‍රියාත්මක වීම හා ඒ අතරම එම ජයග්‍රහණය සැබෑ ප්‍රජාතන්ත්‍රවාදී ජයක් කර ගැනීමට නම් අද සිටම ජනවාර්ගික ප්‍රශ්නයට දේශපාලන විසඳුමක්, විධායක ජනාධිපති ක්‍රමය අහෝසි කිරීම, නීතියේ ආධිපත්‍ය නැවත ස්ථාපිත කිරීම, දූෂිතයන් නීතිය ඉදිරියට ගෙනඒම මෙන්ම පක්ෂ මාරුකිරීමේදී මන්ත්‍රීවරයාගේ අසුන අහිමිවීම වැනි ප්‍රජාතන්ත්‍රවාදී අවම ක්‍රියාවන්වත් ජයගැනීමට මග පාදා ගත යුතුය. බලය පෙරළීම මෙන්ම ඉන්පසුවද බලය අතඇති අය සමග හරි හරියට කේවල්කිරීමේ අයිතිය මෙන්ම සවියද සංවිධානාත්මකවම පවත්වාගත යුතුය. එසේ නොමැතිනම් අපට සිදුවන්නේ 1994 දී අපට සිදුවූ තත්වයට නැවත මුහුණ දීමටයි.
මේ පිළිබඳව අපට ලෝකයේ වෙනත් රටවලින්ද ඉතිහාසයේ පාඩම් කියාදී ඇත. 1979 ඉරාණගේ ෂාගේ බලය පෙරළා දැමීමට පෙරමුණ ගැසුණු තුඩෙයි පක්ෂය, වමේ පක්ෂ සහ සියලු ප්‍රගතිශීලී කණ්ඩායම් සහ බුද්ධිමතුන් මුසිලිම් කණ්ඩායම් සමග අත්වැල් බැඳගනු ලැබීය. වමේ සහ ප්‍රගතිශීලී බලවේග තමන් එක්ව සිටින දක්ෂිණාංශික බලවේගයන්හි භයානකකම හා සංවිධානාත්මකකම අවතක්සේරු කිරීමේ වරදට දස දහස් ගණනින් ජීවිතවලින් වන්දි ගෙවා අද වනතුරුත් වන්දි ගෙවමින් ඉරාණය මධ්‍යතන යුගයේ පසුගාමී රටක් බවට ඇද වැටීමට ඉඩහරිනු ලැබීය. අරාබි වසන්තයෙන් පසු ඊජිප්තුවට සිදුවූ දෙය මෙන්ම ටියුනීසියාව යන්තම් එම අගාධයට යාමෙන් ගොඩ ආ ආකාරය වැනි දේවලින් අපට පාඩම් ඉගන ගැනීමට තිබේ. මෙසේ ලොව පුරා විවිධ තැන්වල විවිධ ආකාරයෙන් සිදුවූ සිදුවීම් වලින් අපට ඉගන ගත හැක.
94 අපේම පාඩම් වුවද අපට ප්‍රමාණවත්ය. එනිසා දැන් අපි ප්‍රගතිශීලී දේශපාලන ක්‍රියාධරයන්, කලාකරුවන්, බුද්ධිමතුන් ආදීන් පොදු අපේක්ෂකයා දිනවීම සඳහා වැඩ පිළිවෙලක් සකස් කර ගත යුතු අතරම තමනගේ ස්වාධීනත්වය පවත්වා ගනිමින් පොදු බලවේගයේ කොටසක් වීමට අප අපම සංවිධානය වීමට අමතක නොකළ යුතු වෙමු. පොදු බලවේගය තුල දක්ෂිණාංශික ජාතිවාදී කොටස්වලට බලවේගය මෙහෙයවීමට ඉඩ නොහැර මෙම පොදු බලවේගය තුලම ප්‍රජාතන්ත්‍රවාදී බව ප්‍රගුණ කිරීමට බලකළ යුතුය. මෙය කළ හැකි වන්නේ පොදු බලවේගයට සහයෝගය දෙන අතර ප්‍රගතිශීලීන් වෙනම සංවිධානාත්මකව පැවතීමෙන් පමනි. මේ සඳහා වහාම සංවිධානය නොවන්නේ නම් ජයග්‍රහණයේදී පසුගාමී, ජාතිවාදී බලවේගයන් මේ ජයග්‍රහණය ඔවුනගේ ග්‍රහණයට ගැනීම අපට වලක්වා ගත නොහැකි වනු ඇත.
එනිසා අපේ සටන් පාඨය විය යුත්තේ ‘ප්‍රජාතන්ත්‍රවාදය දිනවීම සඳහා පොදු අපේක්ෂකයා දිනවමු’ යන්නයි.

මහින්ද ලෝක අණ්ඩපාලයෙක් / සුජීව කොකාවල

උපුටාගනීම
සුජීව කොකාවල - මුහුනුපොතෙන්
මාතෘකාව අපෙන්

මහින්ද ලෝක අණ්ඩපාලයෙක්
මෛත්‍රීපාල මහතා ගේ ආගමනය සමග මූලික ප්‍රශ්න රාශියක් මතු වූ නිසා ඒවා සාකච්චාවට ගත්තෙමු. දැන් ඒ සිද්ධි සතියක් පමණ අතීතයට තල්ලු වී ඇත. ගතවූ ඒ සතියේ මෛත්‍රී සමහර ප්‍රශ්න වලට සැහෙන සාධාරාන පිළිතුරු ලබා දී තිබේ. එනයින් මෛත්‍රී කැම්පේන් එකේ පළමු සතිය පවා මහින්දට එරෙහි ෆොන්සේකා කැම්පේන් එක මුළු කාලයේම ගත්තාට වඩා ඉහල මට්ටමක පවතියි. මෙය සුභදායක තත්වයකි.
මෛත්‍රී බලයට පැමිණ බලය රනිල් ට දෙනවා කියා කියූ නිසා අප බොහෝ දෙනෙකු ප්‍රශ්න කලේ මෛත්‍රී රනිල්ව හොරපාරෙන් බලයට ගෙනෙනවාද යන කාරණයයි. එහෙත් දැන් කියන භාරකාර රජය පිහිටුවීම සහ චන්දයක් පවත්වන තුරු කෙටි කාලයකට එහි අගමැතිකම රනිල්ට දීම නම් කිසිම වරදක් නැති කටයුත්තකි. ඉනික්බිති චන්දයෙන් රනිල් තනි බලයේ අගමැති වන්නේ නම් රනිල් ගේ පාලන ඒකාධිකාරයකට අප්‍රිය අප බොහෝ දෙනා එය බාරගත යුතුය. පරදින්නේ නම් හෝ හවුලකට යන්නේ නම් රනිල් ප්‍රේමින්ට එය විඳ ගැනීමට සිදුවේ. පුද්ගලිකව මා දකින්නට කැමති රනිල් ඇතැම් අංශ මෙහෙයවන එහෙත් ඔහුට පූර්ණ ලෙස රිසි දෙයක් කල නොහෙන හවුල් රජයකි. මෛත්‍රීට සහය දුන්නාට අපි කවදාවත් 2001-2004 රනිල් යුගයකට සහය නොදෙන බව නැවත කිවයුතුවේ. මේ කතාව පුරා අප රැඳෙන්නේ ඒ අනන්‍යතාවය සමගය.
ඊළඟ ප්‍රශ්නය වනුයේ හුදෙක් විධායක ජනපති ඉවත් කරන 2/3 බලය එන්නේ කොහෙන්ද කියන එකයි. බොහෝ දෙනා උපකල්පනය කරන්නේ පශ්වාත් මහින්ද යුගයක මුළු ශ්‍රීලනිපය ම මෛත්‍රී හා එකතු වන බවයි. ලංකාවේ දේශපාලනය හැරෙන ආකාරයන් දැක ඇති නිසා මේ ටොපිය එහෙම්ම ගන්නට මා නම් සූදානම් නැත. කෙසේ නමුත් 2/3 ලබාගැනීම ගැන ප්‍රශ්නය අනාගතයට ඉතිරි කරන්නට සිද්ධ වේ. එහෙත් ඔවුන් මුළුමනින්ම නව ව්‍ය්වස්තාවකටම යන්නේ නම් එය ඉතාම වටියි. විධායක බලය සමානුපාත ක්‍රමය යටතට දෙනවාට වඩා සිස්ටම් දෙකම එකවර වෙනස් කිරීම සුදුසුය. මේ සම්බන්ධයෙන් එතරම් නිරවුල් දෙයක් කියවී නැති මුත් මේ දක්වා මෛත්‍රී කල ප්‍රකාශ නිසා කිසියම් බලාපොරොත්තුවක් තැබිය හැකිය.
රනිල් හා චන්ද්‍රිකා නිසා මෛත්‍රී පරදී කියන බොහෝ දෙන නොදකින්නේ, උන් දෙන්න නැතිනම් මෙතන මොකුත් නැති බවයි. මෛත්‍රී සිරිමා+චන්ද්‍රිකා සමයේ ප්‍රාදේශීය නායකයෙකි. පසුව ඒකාධිකාරී රජයක ඇමතිකමක් දරු මෛත්‍රී පක්ෂයක ලේකම් කම නාමිකව දැරුවා විනා ලද ගැඹුරු දේශපාලන අත්දැකීමක් නැත. මේ ව්‍යවස්ථා සම්බන්ධ අසීරු අභියෝගයේ ඔහුට සිටින කෘතහස්ත මග පෙන්වන්නන් වනුයේ චන්ද්‍රිකා සහ රනිල් ය. පරස්පර දෙදෙනෙකු එසේ සිටීමද වටින්නේ එකෙක් පමණක් උන්නොත් වැඩේ ඒකාට ඕන දිහාවට දුවන බැවිනි. එහෙත් මේ චරිත දෙක සීමාකාරී ලෙස භාවිතා කරන වගකීම මෛත්‍රී සතුය.
පෙර කී ලෙස, එජාපයේ රනිල්, කිරි, රවී තිස්ස වැනි විකටයින්ගේ දේශපාලන කැම්පේන් මේතාක් කලේ විහිළු සැපයීම පමණි. හෝන් ගැහිලි වලන් පොළොවේ ගැහිලි ආදී මල සමයං විනා කරපු බක්කක් නැත. මෛත්‍රී සමග සිටින චන්ද්‍රිකා ඇතුළු බලවේගය ලංකාවේ ආණ්ඩුවක් මාරු කරන සක්‍රිය මෙහෙයුමක් කල පිරිසකි. මේ පිරිස හා මෛත්‍රී තම අනන්‍යතාවය මේ දක්වා නැතිකරගෙන නැත.
ආණ්ඩුවේ පාර්ශ්ච ඔහුට එකතු වන බවට සැහෙන සංඥා දී ඇත. මෙහිදී එකතුවන්නාට සීමා දමා ගැනීමේ වගකීමක් මෛත්‍රී සතුව පවතියි. සතියකට පෙර මේ ගැන කතා කර නිසා ආයිත් කියන්න දෙයක් නොමැත. හැබැයි කුඩු, එතනෝල්, කසිප්පු, තග ඇතුළු සියලු ජාවාරම්කාරයින් මේ පැත්තට ගොඩ ගහ ගැනීමෙන් සැහෙන පාවෙන චන්ද ප්‍රමාණයක් අහිමි වනු ඇත. ඔය එක ජාවාරම්කාරයේකුටවත් බේස් චන්ද නැත.
ජාතික හෙළ උරුමය සමග එකතු වීම සැහෙන හොඳ ප්‍රවණතාවයකි. ඔවුන්ගේ ඇතැම් ඉල්ලීම් ගැන පුද්ගලිකව මා එකඟ නොවන මුත් බැලන්ස් කිරීම උදෙසා ඔවුන්ගේ දායකත්වය වටියි. මේ දක්වා අදහසක් කෙලින් නොකී ජවිපෙට උගුරට හොරා බෙහෙත් කෑමට ඇති කාලය සීමා සහිතය. කොන්දේසි සහිතව හෝ මෛත්‍රීට සහය වීම ජවිපට කර ඇරිය නොහැකි තත්වයකි. එසේ වීමෙන් මෛත්‍රී ගේ ක්‍රියාකාරකම් පාලනය වී සැහෙන ජන විශ්වාසයක් දිනා ගනු ඇත.
කොහොමත් අප බහුතරයකට ඇත්තේ ඔප්ෂන් දෙකකි. එක්කෝ මෛත්‍රී ය. නැතිනම් පැත්තක් නොගෙන සිටීමයි. මහින්ද තවදුරටත් ගොඩ ගත හැකි යයි නොසිතමි. එහෙත් පක්ෂය තුල ඇවලාන්ච් එකක් වෙන බවක් දුටුවොත් හිටිගමන් යහපාලනය මහින්දගේ සාක්කුවෙන් එලියට පනින්නට ඉඩ තිබේ. එසේ වුවහොත් ඊට නොරැවටෙන්න. ඒ චන්දය දිනන තෙක් පමණි. අවතක්සේරු නොකළ යුතුම එකක් වනුයේ මහින්ද ලෝක අන්ඩපාලයෙක් බවයි.
ආපු ගමන් කී කතාවල ඇද පරස් මෛත්‍රී හැරගෙන ඇත. සෝ ෆා සෝ ගුඩ් ය. ඔහොම යමු මෛත්‍රී.

Janaka Tennakoon Bursts Into Tears While Speaking Of "Fate" Of The SLFP - Video

Minister Janaka Bandara Tennakoon, addressing a public meeting in Dambulla today, burst into tears when he spoke about the present state of affairs in the Sri Lanka Freedom Party.
He paused his speech has cried for nearly two minutes showing his disappointment over the recent developments in the ruling party.
“I am a pure SLFPer and I am committed to my party to the core. I’ve already informed the President about the injustices that have been done to me.  When  ‘Namal putha’ met me, I made him aware of this too.. But no one took my grievance into serious consideration,” Minister Tennakoon said in his speech. See Video from Youtube below:-

The party was built up by the likes of my father. We strengthened the party. When I predicted what’s going to happen to the SLFP, they didn’t believe my words,” the Minister said.
“I am a policeman. And I am a politician. So I have both sides. The SLFP should not be subservient to any person. We should protect our party,” he added. He asserted that he would never leave the Sri Lanka Freedom Party and betray its supporters. 
On the day former General Secretary of the SLFP Maithripala Sirisena announced that he would be the common candidate of the opposition, Tennakooon made a controversial speech in Parliament saying the party had been taken hostage by drug-dealers and those who import ‘ethanol’. He said the traditional SLFP old guard has become helpless.
 His name was also mentioned in certain media reports as a ruling party member who might cross over to the opposition ahead of the presidential election. 

Friday, November 28, 2014

Mahinda In Dire-Straits

by Rajasingham Jayadevan - From Sri Lanka Guardian

President Mahinda Rajapakse has taken a calculated gamble when odds were seriously against him to call the Presidential election on 8 January 2015. Intoxicated with power, greed and destined by his fate, the President could not imagine or visualise the predicament he could face at the forthcoming presidential election.


For those who believe in astrological predictions, the major Saturn change on 2 November 2014 for his Aeris Raasi is definitely not helpful for him. According to general predictions- Overview:

‘Sani Bhagawan is moving from the 7th house to the 8th house. You are coming out of Kandaka Sani but entering onto the worst part of Asthama Sani. Right now things are bad, but going forward it will become worse and terrible. You may expect to have problems in each and every aspect of your life. The intensity of the problems will be extreme from Dec 2014 to July 2015. You will have good relief when Jupiter is moving onto your Poorva Punya Sthanam by July 2015. Overall, you cannot expect any good results from Saturn, but other transiting planets can help you. Avoid doing any kind of investments for the next 3 years. Even though Jupiter is in your favourable spot for one year, you need to take my predictions to make sure you are prepared for the worst and hope for the best. Otherwise you do not need to continue reading my predictions from this point ( KT Astrologer - Network Bandwidth Monitor).

Detailed predictions do not give any hope for Mahinda Rajapakse for next two and a half years.

He could have patiently carried on with his present Presidential term for a further two years, but the power hungry President, worried about his stakes in two years time, decided to manipulate his way through to out beat his astrological change, thinking his constitutional power of even ‘making a man a woman and woman a man’ will be in his favour to call the election.

Having gone to the extent of punishing the astrologers for making adverse predictions for him in the past, there is no one to teach the power intoxicated President some simple arithmetic, based on available statistics of presidential and legislature elections.

In 2005, Mahinda Rajapakse secured a little over 50% of the popular vote against the main opposition rival Ranil Wickramasinghe. Turnout was put at 74% in the south and west, but almost no Tamils voted in some minority Tamil areas due to Tigers preventing them from voting, allegedly due to them being bribed by Mahinda Rajapakse. He won his first presidential election in 2005 by just over a razor thin margin of 180,000 votes.

In 2010, Mahinda Rajapaksa secured re-election by a clear margin, winning around 58% of the vote; an estimated 74.5% of the electorate cast their ballots and the victory margin was over 1.8 million votes. The 2010 election was a significant one as the hyped up slogan of Mahinda was his drum beating claim of his decisive victory over the Tamil Tigers. As the constitutional Commander in Chief of the armed forces, he was challenged by his former Commander of the Army Gen Sarath Fonseka. Mahinda was able to gain the 8% vote from the opposition UNP vote bank in the election. His war victory did not give him the absolute margin of 75% - 90% despite the nationalist parties joining Mahinda to hard sell his war victory hysteria. Mahinda was only able to increase the overall voter turnout by 676,574 i.e., 0.77% (under 1%).

The 2015 Presidential election will be a testing time for Mahinda. There will be multi-pronged impacts on the vote pattern this time. Hypothetically, if UNP vote bank is the average of the last two Presidential elections of 44.9%, in the present declining political climate for Mahinda it is not difficult to predict the outcome at the election. Maithiripala Sirisena has to score a simple 5.1% to hit the 50% break-even point.

The established vote bank of the JHU was 550,000 in the 2005 parliamentary election. This will not be there for Mahinda this time. There is a possibility that JHU will increase their share of votes due to its wider focus on very serious national issues that made them to leave the government. The Chandrika Kumaratunga Bandaranayake factor is the lease of life for the opposition candidate. She too has a strong support base amongst the masses. Working on a minimum projection - it is not difficult for her to bring another 5% to her favourite opposition candidate. Popularity of Mahinda Rajapakse amongst the Tamil vote bank is almost near zero and he has to rely on the unpopular Tamil paramilitary forces for some votes. Having been denigrated by the Mahinda camp on the issues affecting the Tamil people, TNA’s will be anti-Mahinda in the election, thus increasing the voting of Tamils for Maithiripala Sirisena.

Muslim vote is also significant in the election. Having been battered and bruised by the Mahinda Rajapakse’s right wing anti-Muslim campaign, the Muslim masses are not in the pious mood to support him. Sri Lanka Muslim Congress and its allies have become irrelevant for the Muslim masses. Even if Mahinda promises hope from hell for the Muslims, they are unlikely to vote for him. The lame duck SLMC has to respond to the mood of the Muslims and will join force with the opposition to earn some credibility from the Muslim people.


With the fever pitch campaign following filing of nominations, the political and astrological turf for Mahinda unfortunately will not be friendly. With the amazement of wealth and arrogation of unlimited power, anything could happen if the election fails for Mahinda. There is a strong possibility that Sri Lanka will experience its first ever coup that will undermine the democratic will of the people. Mahinda & Co have fully prepared the contingencies and 8 January 2015 will be crucial for Sri Lanka to either swim out of troubles or to sink in the slumber.

News 1st - VIDEO රස්සාව රැක ගන්න පෝස්ටර් අලවන මාර්ග සංවර්ධන අධිකාරියේ සේවකයෙක්

Mahinda Rajapaksa expected a coronation. Instead he faces a tricky election

From The Economist
AN INVINCIBLE personality, a blessed man, he will win a big victory.” In the opinion of Sumanadasa Abeygunawardena, issued from his swish astrological headquarters in the southern port of Galle, the prospects for Sri Lanka’s president are unambiguously bright. Percy Mahinda Rajapaksa has called an election two years early, to seek an unprecedented third term. Why not? Polling will happen on January 8th, and eight is a lucky number. For Mr Rajapaksa, a Virgo, the stars are benign. Some see the president as the fulfilment of an ancient prophecy, the reincarnation of a great southern king (who also had combed-back hair and a lush moustache). He is destined to make Sri Lanka prosper, says the astrologer, and will be the best friend of Buddhism, its main religion: “There is no temple he has not visited.”

Adorned with gold rings and precious stones, Mr Abeygunawardena is in effect astrologer to the Rajapaksa court. “I very often see the president,” he says, taking a call from the office of the First Lady who wants an auspicious time for refitting a school. The Rajapaksas are superstitious. Like four brothers, and his son—important politicians all—the president, who has ruled for a decade, takes advice on such matters as when best to step outside, or on which gems or jewellery ward off bad luck. Mr Rajapaksa usually carries a cylindrical gold talisman, supposedly with powers to enchant. The astrologer scoffs at this. But he says another piece of bling—the golden amulet on a chain around the presidential neck—truly is effective.

The president has led a charmed political life and is easily the country’s most charismatic campaigner. Ordinary Sinhalese Buddhists (around 70% of the population) like his rural past and that he crushed Tamil separatists in 2009, ending nearly three decades of war. Suggestions that tens of thousands of Tamils were massacred in the process, and talk of war crimes, are dismissed as intended only to denigrate the country. Few outside the Tamil-dominated north and east hold the accusations against him. Drive along miles of new tarmac around Mr Rajapaksa’s southern home, where a big new airport and harbour have sprouted, and enthusiasm for him is obvious. Life-size placards of his grinning figure adorn highways. In Medamulana, his ancestral home, students tour a mausoleum to his family, with a waxworks and a hefty gold-plated sculpture of his father’s head. Across the country there are rebuilt railways, new houses and expanded cities.

The building splurge has piled up oodles of debt: opposition MPs say $6 billion-8 billion are owed to China alone, though details are murky. The government prefers perky economic statistics. Unemployment is low and GDP is rising fast enough for Sri Lanka next year to rank as a mid-range middle-income country with national income per person of around $4,000. Tourism blossoms and inflation has been in single digits for 52 months, exults Basil Rajapaksa, the presidential brother running the economy (doing himself down; it is actually 69 months and counting). He is “very confident” about the future. Parliament this week passed a budget crammed with goodies for voters. To the suggestion that this was brazen populism, he chortles that “all our budgets are pre-election ones”. The local World Bank office is perhaps even more gung-ho about Sri Lanka’s starry economic future.

Nor is Mr Rajapaksa shy of using the benefits of incumbency, deploying arms of government at will. A car-park in Hambantota, in the south, is crammed with hundreds of red motorbikes, pre-election gifts for local officials, a pattern repeated countrywide. In Tamil areas security men intimidate politicians and activists. Even in Colombo, the biggest city, opposition figures say they suspect spies jam their mobile phones. They are denied public spaces for rallies. Most of the press fawns on Mr Rajapaksa; television shows involving opposition figures go mysteriously off air. Both the courts and electoral commission are widely seen as partisan.

All that had pointed to an easy victory for Mr Rajapaksa. Yet those magic charms are suddenly malfunctioning. The various opposition parties have, surprisingly, come up with a credible joint candidate. Maithripala Sirisena, a minister until last week and leading light in the ruling Sri Lanka Freedom Party (SLFP), defected on November 21st with a few supporters. Ordinary Sinhalese like him, because he seems more one of them than does Mr Rajapaksa. His promise to abolish the over-strong presidency in 100 days appeals to those who fear decades of dynastic rule by the Rajapaksas. (Older SLFP leaders have long groused about misrule by “one family”.) Mr Sirisena can tap into public resentment of worsening corruption. Businesses often complain that only insiders win official contracts. Sri Lanka fell 14 places this year in the World Bank’s ranking of the ease of doing business.

Third time less lucky
Moreover, the economy is not inevitably a vote-winner. Every voter Banyan met in the south grumbled about living costs, notably about pricey rice and milk. A former two-term president, Chandrika Kumaratunga, back in Colombo to help Mr Sirisena, accuses Mr Rajapaksa of being a “racist” Tamil-hater, and adds that those official inflation figures are “trumped-up”. As for mid-income prosperity, an opposition MP says officials dare not publish a figure from a new survey of household spending showing real incomes, after inflation, up by only 3% since 2006.


Mr Rajapaksa’s popularity is slipping. The SLFP won provincial elections in the southern province of Uva in September less comfortably than expected. At the last presidential poll in 2010, soon after the war, Mr Rajapaksa took 57% of the votes (less if you accept claims of modest rigging), so not a landslide. Assume that Tamils, Muslims and Christians, who are 30% of the electorate, mostly prefer Mr Sirisena, then even a third of the Sinhalese vote could swing it in his favour. The stars still probably favour the president, but horoscopes often disappoint.

Thursday, November 27, 2014

Appointed MP & Unofficial Town Crier A H M Azwer resigns as a MP! - Updated

Appointed MP & Unofficial Town Crier A H M Azwer resigns as a MP. He is an appointed MP from the National List. Await further news of a new appointment of a MP surprising all!!!

All Ceylon Muslim Congress (ACMC) Eastern Provincial Councillor Amir Ali to parliament through the national list to fill the vacancy created by A.H.M. Azwer’s resignation.

Enemies Of The President’s Promise: Bash-Ful

By Rajiva Wijesinha - From Colombo Telegraph

Undoubtedly the most bizarre of the characters who influenced the President in the period after the election of 2010 was Sajin Vas Gunawardena. He was not a relation, and he did not have the professional or academic credentials of the other characters discussed here. Indeed he had hardly any qualifications but, ever since Mahinda Rajapaksa became President, he occupied positions of trust and responsibility.

It was claimed that the reason for the confidence the President reposed in him was because, while a clerk in the Middle East, he had helped the President with the technology during a presentation that might otherwise have been a disaster. But it is also likely that, after they thus became acquainted, he was able to serve the President in a variety of ways that commanded his affection and his confidence.

The first escapade in which he was involved under a Rajapaksa Presidency was the setting up of a budget airline. Called Mihin Air, in honour of Mahinda, it rapidly lost a lot of money, though Sajin himself became very wealthy during his tenure in office. Before long Mihin Lanka was handed over to Sri Lankan Airlines to be managed, and the losses of both together – the Board of the latter chaired by the President’s brother-in-law Nishantha Wickremesinghe – continued a drain on public funds for many years.

I first came across Sajin when I was appointed to head the Peace Secretariat, and was told that he was the point of liaison between the Secretariat and the President’s Office. In fact he had no interest in or understanding of our work, and I liaised mainly through the President’s Secretary Lalith Weeratunge, though in those days I generally had immediate access to the President if this was needed.

I met Sajin early on in my tenure of office, and then hardly ever again, though he came I believe to the opening of the new office which had been built for us in the premises of the Bandaranaike Memorial International Conference Hall. When we were deciding on the allocation of rooms in that office, my Director of Administration suggested we keep a room there for the use of Sajin. This seemed to me unnecessary, particularly as the room he suggested was the second best in the building. I thought it should go to my Deputy, a retired Tamil ambassador named Poolokasingham, whose stature I thought needed to be established. I told the Director that, since Sajin had not come to the office for a long time, all we needed to do if in fact he wanted a room was to set aside one of the smaller rooms at the end of the main corridor. I heard nothing more after that about that particular suggestion, and I think the Director was secretly relieved, though he had thought it was his duty to keep Sajin happy and thus prevent any recriminations against the Secretariat in general, and me in particular. Whether this contributed to his later animosity against me I do not know, but the experience of our High Commissioner in London, Chris Nonis, indicated that Sajin wanted his importance to be recognized, and resented anyone else who had a direct link to the President.

But way back in 2007, Sajin was more interested in his own political career, and during the next couple of years he was elected to the Southern Province Provincial Council. Then, in 2010, he got nomination for the Galle district for the Parliamentary election, and did reasonably well. In Parliament he was one of the young MPs in the group around Namal Rajapaksa but initially he had no executive responsibilities.

All that changed with the realization that the Ministry of External Affairs was in a mess, and he was appointed to be its Monitoring Member of Parliament. That was the only serious Monitoring MP position, and one heard hardly anything of the few others who had been appointed, until that is Duminda Silva, attached to the Ministry of Defence, was involved in the death of Bharatha Premachandra, another SLFP politician from the Colombo district.

Sajin’s appointment to the Ministry of External Affairs raised eyebrows since it was clear he had no understanding of foreign policy but, as the President once put it when he was asked the purpose, at least now the Ministry sent answers to letters it received. This was not in fact the case, given that the Ministry failed to respond to the queries from holders of Special Mandates under the Human Rights Council in Geneva. And more seriously, the Indian Ministry of External Affairs noted that one contributory factor to the decision to vote against Sri Lanka in Geneva in 2012 was the failure of Sri Lanka to respond to a letter from the Indian Prime Minister about its plans re devolution. But presumably Sajin was able to attend swiftly to many routine matters, that had suffered since the first Secretary to the Ministry under GL had been dying of cancer and unable to fulfil his duties.

Certainly before long he was seen as the virtual decision maker at the Ministry, since GL was not only a hopeless administrator, but was also quite ready to abdicate decision making to someone he knew was very close to both the President and Namal. In any case many appointments had become the prerogative of the President, a practice begun by President Jayewardene who not only made political appointments to ambassadorial posts, a practice that had occurred previously as in many other countries, but also to junior positions in our missions abroad. Under President Rajapaksa this became the norm, and all sorts of individuals were appointed to a host of different positions all over the world. These included relations to vital positions, in Washington and Moscow. The former ambassador, a cousin, was a disaster, allowing relations with the United States to deteriorate to appalling levels, whilst using expensive lobbyists with no apparent understanding of the Sri Lankan situation or any perceptible influence in Washington. As Head of the Peace Secretariat I met a couple of representatives of different groups, all commanding excessive fees, but with no positive impact. They were quite unlike a British firm that was later employed through the influence of the Central Bank Governor, though against this initiative there were public attacks and, after their advice had been ignored, as with for instance the President’s absurd attempt to address the Oxford Union in 2010, they were got rid of.

In 2014 however it became obvious that it was the American lobbyists who should have been the object of greater scrutiny, since it was reported that the ambassador had himself made money on the deals. It was also reported that he had profited from the protracted hospitalization of the Prime Minister in America. All this came on top of the story that he had been paid a commission in buying a house for the embassy in Washington, which had led to the Americans quietly but firmly insisting that he be removed.

The answer of the Ministry of External Affairs had been to transfer him to Canada. This was doubly absurd, since the government had only just received agreement for a new High Commissioner who was a professional and highly respected diplomat. But it was not pointed out to the President how shameful such a move was, and the Ministry, which he claimed was now administratively on an even keel, existed, it seemed, only to satisfy personal predilections as well as building up fortunes. And the double standards involved were quite apparent, in the manner in which Dayan Jayatilleka had been persecuted, when he had been scrupulous in following established procedures, and was never thought in anyone’s wildest dreams to have been interested in, or capable of, making money for himself. But given the domination of the Ministry by operators such as Sajin and Kshenuka Senewiratne, who was able to get an audit query about her conduct suppressed, it is not surprising that anyone who felt inclined thought they had carte blanche to profit from government positions.

In any case the idea of a coherent sustained foreign policy had died with Lakshman Kadirgamar, whose assassination in 2005 was, along with that of President Premadasa in 1993, perhaps the most destructive for Sri Lanka of the many acts of terrorism the Tigers perpetrated. Chandrika Kumaratunga appointed her brother as Foreign Minister for the few months that remained to her of office, and then President Rajapaksa first appointed Mangala Samaraweera, who had been one of his predecessor’s most loyal supporters, but had, unlike her, supported him actively in the 2005 Presidential election. But they soon fell out, and Rohitha Bogollagama was appointed instead, and in essence allowed foreign policy to be decided in various quarters in various ways. The most coherent of these was the work done by Dayan Jayatilleka in Geneva, reporting direct to the President, but with his dismissal the hopes of a constructive engagement with the world, based on the traditional policy of Non-Alignment that had stood the country in good stead under Mrs Bandaranaike, vanished.

Sajin’s advent then saw, not monitoring to ensure that the Ministry was well run, but the entrenchment of decision making on the basis of personal predilection. Kshenuka Senewiratne, whose ability to manipulate people was brilliant, twigged early on to his importance and nailed her colours firmly to his mast. The two of them proceeded to work together, and indeed to giggle together, a common phenomenon in Geneva in March 2012 when the rivalry between GL Peiris and Mahinda Samarasinghe became obvious.

They had seemed there to be more supportive of the latter but, after the crushing defeat in the Council, he was abandoned, and they worked together closely with GL. When I wrote a piece to the papers about what I saw as her pernicious influence, GL complained to the President, who called me up and said I should not criticize public officials who were not able to respond. I told him that, when they were behaving in a manner that could bring the country low, I could not keep quiet. His answer was that I should rather write in confidence to the Minister or the Secretary. I told him that there would certainly be no response, at which point he started laughing. This was the type of attitude which endeared him to many, and one could not get annoyed, but it was certainly no way to run a country.

Predictably, though I wrote at length, there was no answer. I asked the Secretary to the Ministry about this but he told me that, since it was a contentious issue, he had asked the Secretary to the President for advice. Predictably again Lalith Weeratunge ignored the letter, and there was no investigation of the various actions that I believed had contributed to the sad situation in which Sri Lanka found itself in 2012.

Over the next couple of years the incoherence at the Ministry of External Affairs became worse. Our ambassador in Rome, Asitha Perera, was suddenly recalled, and there were allegations in the papers that he had been involved in people smuggling. This was preposterous, for in fact he had tried to stop it, and had worked well together with the Italian Embassy in Colombo to put a halt to visas being given to all and sundry on the request of various officials in the Foreign Ministry. Asitha was deeply depressed, and died shortly after he returned to Sri Lanka.


Just after he was dismissed, he called me from Rome and said I had predicted this. I had forgotten the matter, but indeed soon after Tamara’s dismissal I had written an article in which I predicted that four other very good ambassadors serving in Europe would all suffer her fate.

Wednesday, November 26, 2014

Voting for the 18th Amendment was a mistake – Ven. Rathana Thero

By Basuru Jayawardhana - Lanka Herald

Chairman of the Jathika Hela Urumaya (JHU) and Convener of the Pivithuru Hetak organization, Ven. Athuraliye Rathana Thero told Lanka Herald in an interview that common candidate Maithripala Sirisena has already won. “It was sealed when he took the decision to leave the government and his post of Secretary of the SLFP,” the Thero said. Ven. Rathana Thero also noted that it was upon the stance of Jathika Hela Urumaya that the “Pivithuru Hetak” organization had taken steps to create a common candidate.

Following are excerpts of the interview:

Q: Is the Jathika Hela Urumaya directly supporting Maithripala Sirisena who has come forward as the common candidate of the Opposition? Or will it be done through the “Pivithuru Hetak” Organization?
A: It was upon the stance of Jathika Hela Urumaya that the “Pivithuru Hetak” organization took steps to create a common candidate. So for the moment we are standing with Maithripala Sirisena. But it is only going to be certain in the future if we sign the policy agreement with him. As a party, the Jathika Hela Urumaya will announce its official stance on Thursday. After that we are looking forward to entering in to an agreement with Sirisena regarding what to do in the future.

Q: What kind of policy agreement is the JHU expecting?
A: It would be based on common issues such as abolishing the executive presidency, re-establishing the democracy and protecting the country’s sovereignty.

Q: What was the reason for initiating the “Pivithuru Hetak” movement?
A: One of the preliminary reasons for creating this organization was to from a national economic policy which is more suitable for the country. About two years ago a severe problem erupted with regards to chemical fertilizers and pesticides that contain highly toxic elements called Arsenic and Cadmium. So we suggested initiating a program to control these chemicals. Later the World Health Organization also made a similar proposition. But the government continued to evade this problem. So we thought about alternative agriculture. So the “Pivithuru Hetak” movement was initially formed to raise the awareness of the public regarding matters such as reforming the economy and producing our won energy. But about five or six months ago we thought about the discussion that took place in the society about the presidential election and abolishing the executive presidency. For that we presented a scheme to achieve that goal. So within the society we became known as a group that had brought forward a constitutional amendment. It was with the intention of urging the government to amend certain powers vested with the executive presidency we initially drafted this plan.

Q: But the draft 19th Amendment presented by you does not entirely abolish the executive presidential system. What was the reason behind such a move?
A: Yes. By that we hope only to amend certain powers that are vested with the executive president. But the office of the President is not harmed. It simply means that the Executive would no longer be able to make have an undue control over the legislature and the judiciary. So we only wish to chop off the bad parts of this office. We hope to engage in a broad discussion regarding the matter in the future. In it we are hoping to table a proposition about abolishing the entire office of the president all together as well. But we have to discuss and see what is more suitable.

Q: You voted in favour of the 18th Amendment presented by President Rajapaksa to expand his powers. Why is that?
A: There were many problems regarding the 18th Amendment. Not only that, the government even promised us to draft a three stage proposition to reduce the powers of the president. But the problem is that they have failed to keep their word. I have publicly declared that voting in favour of the 18th Amendment was a mistake of mine.

Q: There were many media reports about a group of government MPs who are planning to cross over to the opposition in the final vote of the 2015 budget debate. But no such thing happened. What is the reason for this?
A: It is like this. Leaving the government and joining the opposition is not an easy task. People who are leaving the government and those who don’t do not affect us. Maithripala Sirisena has now joined with us even sacrificing his ministerial position. Now the thing we have to discuss is what to next. Several ministers have already joined with us. And the next leap could be achieved if we continue Sirisena’s project successfully. We too are expecting some unexpected things in the oncoming days. And even if it does not happen to our favour, it is not that much of a problem to us. It is because we have something to question from President Rajapaksa at the end. And we should all rally around this question we are raising. And when we march forward all the political parties like the UNP, JVP and the JHU are coming to a common platform. And once this common platform is built, this number of MPs who are crossing over is not going to be a problem. But still, if such cross over incidents take place, it would not be bad either.

Q: What interventions will the “Pivithuru Hetak” organization make to secure Maithripala Sirisena’s victory?
A: Currently we are conducting a sting of public meetings. Several other plans have already been made along with that. It contains a lot of activities. They will become evident in the near future.

Q: How confident are you of Maithripala Sirisena’s victory?
A: One need not give a special certificate for it. It is a known fact to the whole country. Even at this moment he has achieved victory. It was sealed when he took the decision to leave the government and his post of Secretary in the SLFP.

Q: Would Maithripala Sirisena ever try to take President Mahinda Rajapaksa, who even you are considering as the leader of the war victory, to an international war crimes tribunal?
A: Not at all, we are totally against such a thing. We would never support the idea of taking the president before a war crimes tribunal.

Q: Why are you against it?
A: Why should we take the person who defeated the terrorism in this country in to a war crimes tribunal?

Q: But the President has been accused of incidents such as massacring civilians and violating human rights during his actions of defeating terrorism, is it not?
A: In what country was it possible to defeat terrorism without the cost of lives? This accusation about killing civilians is a total hoax. President Rajapaksa executed the biggest humanitarian operation ever to be made in this world.

Q: So if the operation was entirely “humanitarian” in nature, why do you claim that the President should not be subjected to a trial? Why was the LLRC recommendations not implemented?
A: We do not need an international war crimes tribunal. Foreign countries cannot intervene with the questions regarding a certain country’s sovereignty. About 6% of the Iraqi population has been massacred. Who is talking about that?

Q: What is the stance of the JHU regarding the 13th Amendment and its implementation?
A: We are not going to talk about it at the moment. It would be make things complicated and mixed up. The most important issue we have at the moment is not about implementing or not implementing the 13th Amendment, but whether to amend or not the arbitrary powers of the executive that cause corruption and wastage. First things first, that’s how we see it.


Tuesday, November 25, 2014

Supreme Court’s Opinion On The President’s Reference

By  Dr Reeza Hameed - From Colombo Telegraph

At last, the Supreme Court’s opinion on the President’s reference has seen the light of day, albeit unofficially, and it makes for miserable reading.

The feature that stands out in the opinion is not only the unctuous tone which the Court has adopted in responding to the President’s request for an opinion, but also the sanctimonious view it has taken of the importance of its own opinion given in an advisory capacity, and the un-judicial language with which it has chosen to castigate those who have taken a view contrary to its own. The engagement of the Court in this manner on a controversial issue at the request of a person who sought its opinion on his capacity to stand for re-election at a poll that he was about to announce is bound to affect its own dignity and standing in the eyes of the public both at home and abroad.
The defining characteristic of the Court’s jurisdiction under Art 129 is that the question that is referred to it by the President must be one of public importance. The recent reference related to the qualification of the incumbent President in his individual capacity and nobody else. He did not even pose the question as to the qualification of any other person who has been previously elected for two terms. Naturally, the public had an interest in knowing the Court’s opinion on the questions but that does not make it a question of public importance.

The Constitution does not oblige the Court to give an opinion whenever a question is referred to it. The Court ought to say ‘No’ if it is asked to give an opinion on a question falling outside its jurisdiction. The President cannot involve the Court on matters affecting his personal or domestic affairs and the Court cannot and should not allow itself to become entangled in such matters. Many people drew this to the Court’s attention before it gave its opinion but the Court ignored their views.

A similar advisory jurisdiction is reposed in the Indian Supreme Court by Article 143 of the Indian Constitution. The relevant provision in that Constitution reads as follows:

‘If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.’

The Indian Supreme Court declined to express an opinion on a reference made by the President relating to the Ayodhya controversy, namely whether a temple originally existed at the site where the Babri Masjid subsequently stood. The Court explained its refusal not only by relying on the wording of the Article, which says that the Court “may” report to the President its opinion on the question referred to it, but also because it took the view that the question was superfluous, unnecessary and opposed to secularism. As Justice Bharucha said, the Court was not willing to compromise its dignity and honour by answering the reference.

The Sri Lankan Constitution, too, states that the Court ‘may’ report to the President its opinion ‘after such hearing as it thinks fit’.  Yet, the Court has virtually regarded itself as duty bound to give its opinion on the reference. In its own words, the reference focussed ‘on a matter of public importance which concerns the irreducible components of sovereignty’ and ‘being the Custodian of judicial power of the people cannot flippantly dismiss the questions as a private matter and refuse to exercise our jurisdiction vested in the Court’. Yet, the Court did not consider it amiss to flippantly dismiss the pleas of interested parties, including the Bar Association of Sri Lanka, whose opinion the Court sought, to make oral submissions.

No rules regarding procedure

A disconcerting feature of the advisory jurisdiction as exercised by the Supreme Court is that it has not framed any rules specifying how it would exercise its jurisdiction under Article 129. In comparison, the Indian Supreme Court has laid down rules announcing the procedure it would follow when it receives a reference from the President. The Indian Court had stated that it will follow as nearly as may be the procedure in proceedings before the court in the exercise of its original jurisdiction. The court may issue notice upon persons or institutions interested in expressing views on the question under reference and may also grant them leave to appear at the hearing.

The words ‘after such hearing as it thinks fit’ in Article 129 (1) of the Sri Lankan Constitution imply the necessity for a hearing. The words ‘as it thinks fit’ do not give the Court a warrant to dispense with a hearing altogether but that was what the Court did. It is not a matter that concerns only the judges who form the Court. The framers must have intended a hearing to ensure that the Court does not form an opinion on a matter of public importance without subjecting the views and counter views to proper scrutiny through an oral hearing at which the various views and counter views may be tested. It is apparent from the tone of the Court’s opinion that it did not take even the written submissions made to it with the seriousness they deserved.

Despite its pronouncement that it was exercising the judicial power of the people when called upon to give the President its opinion, the Court did not adopt a procedure that is appropriate for the exercise of such jurisdiction. Unlike in the exercise of its jurisdiction in respect of other matters, the Court has thus far failed to frame any rules by which it would be guided in relation to its advisory jurisdiction. Rules of procedure such as the ones that the Indian Court has in place would lend the process a degree of transparency, uniformity and predictability which are essential for the Court to maintain its impartiality and credibility as a Court. Instead, the Court followed an ad hoc procedure and went through the process of making up its mind without the public knowing how it went about its business.

The Opinion is not binding

The Supreme Court has made a basic error in stating that its opinion given in advisory capacity acting under Article 129 (1) should be given the same weight as that given to a judgement or determination given by the Court in the exercise of its jurisdiction under other provisions in the Constitution. In the words of the Court, ‘it is our solemn duty to emphasize the fact that the effect of our opinion is no different to a judgment that we would pronounce in any one of our jurisdictions’.

Not only is the Court wrong but it has expressed an opinion on a question on which its opinion was never sought. The Court has gone out of its way to gratuitously express this opinion instead of confining itself to the two questions on which it was asked to express an opinion.

The Court has cited the judgement of Sharvananda J in Bandaranaike v Attorney General (1982) 2 Sri L R 786 in support of its proposition that the same weight attached to a judgment of the Court should be attached to an opinion given on the reference. Incidentally, a similar view was expressed by Professor G. L. Peiris some days ago when he stated, on the basis of Justice Sharvananda’s judgment, that an opinion given by the Supreme Court under Article 129(1) of the Constitution ‘has exactly the same authority as a judgment handed by the Court in litigation between parties’.

The Court’s opinion on the Rajapaksa reference has relied also on the Court’s dictum in the Determination on the Appropriation Bill 2013 [SC/SD 19/2013], which has in turn relied on Justice Sharvananda’s statements in the Bandaranaike case. The Court has made the sweeping conclusion that there are ‘compelling reasons as to why advisory opinions proferred by the Supreme Court in the exercise of its jurisdiction in terms of Article 129 of the Constitution should not be treated any differently’ to that of a determination made by the Court under a different provision as in the case of the Eighteenth Amendment.

The Court, I submit, is seriously mistaken in making such a statement; it follows from an obvious misreading of Justice Sharvananda’s observations in the Bandaranaike case.

The Bandaranaike case arose in relation to a Bill that sought to extend the life of the then Parliament. The Speaker had referred the Bill to the Court for its opinion under a different provision of the Constitution, namely Article 122(2), as urgent in the national interest. It was certified on the Bill itself that Parliament intended to pass it by the special majority required under Article 83 and also have it submitted to the people at a referendum. After hearing the Petitioner, the Court made a determination to the effect that it ‘does not have and exercise any further jurisdiction in respect of the said Bill. Three members of the Court are not in agreement with the above views’.

Following this amendment, the Bill was passed with the special majority as the Fourth Amendment to the Constitution and it was submitted to the people at a referendum. While it was pending, Felix Dias Bandaranaike petitioned the Court alleging that no valid determination had been made on the Fourth Amendment Bill on which the Court had already made its determination because of certain errors committed by the Court. His argument was based on Article 132 (4) of the Constitution which requires that a ‘judgment of the Supreme Court shall, when it is not a unanimous decision, be the decision of the majority’ (emphasis added). He sought to distinguish between a ‘judgment’ and ‘determination’ for the purposes of article 132 (4) and contended that only a judgment rendered by the Court may be by a majority whereas a determination required a unanimous decision of the Court. The Court rightly dismissed this argument stating that the provisions of Article 132 (4) prescribing a decision by a majority of the Court applied not only to a judgment but also to a determination and an opinion.

There is nothing in the Court’s judgment in the Bandaranaike case to support the proposition that an opinion expressed by the Court under Article 129(1) shall carry the same weight as a judgment rendered by the Court say, for instance, under Article 126. Given the virtually surreptitious manner in which the Court gave its opinion on the reference and the equally surreptitious and hasty manner in which it went about preparing its opinion without giving an opportunity to interested persons to make oral submissions, it cannot be said that the Court’s opinion is deserving of any weight.

There must be a reason why the framers had deliberately employed the word ‘opinion’ instead of ‘determination or judgment’ used elsewhere in the Chapter conferring the Courts its various jurisdictions. It is to ensure that the same weight attached to a judgement or determination is not attached to an opinion.The Court’s opinion is not even binding on the very person who sought the opinion. Several days have passed since the Supreme Court conveyed its opinion to the President. Yet, neither the President nor the Court has made it available to the public for its edification. The very fact that the President has chosen to conceal the opinion from the public goes to show that he does not regard it as a matter that should concern the public. If, by definition, the questions that have been referred to the Court are of public importance, then it beggars belief as to why the answers to those questions are not made available to the public.

The Supreme Court may be the highest judicial authority in this country but when it gives an opinion it is not acting as such because the jurisdiction that it is called upon to exercise lacks the characteristics of a Court giving a judgement in the exercise of its adjudicatory function. Its opinion is no different to that given by the President’s personal advisers or even the Attorney General, who strangely has been silent even though he is supposed to act as the guardian of public interest.

Conclusion

An opinion given without a hearing is no ‘opinion’ at all and it has no constitutional validity as the Court acted in breach of its constitutional duty to have a hearing on the reference before giving it.

It would have been better if the Court did not get involved at all in this controversial matter, and if its standing were to suffer in the eyes of the people, then it has only got itself to blame.


 *The author, Dr.Reeza Hameed is an Attorney-at-Law