Sri Lanka constitutional bombshell could return Rajapaksas to power

COLOMBO, (EconomyNext) - President Maithripala Sirisena's sudden indisposition during the New Year holidays had politicians on both sides of the House considering a potentially serious constitutional bombshell.

The possibility of the Rajapaksa family making a come back, not just as members of parliament, but even as political masters of the country till 2021 has emerged a real possibility. Mahinda Rajapaksa could return as president through an entirely legal process. 

Official sources say that President Sirisena was under the weather over the weekend after hectic shuttling between Colombo - Polonnaruwa and attending the funeral of the Asgiriya chief prelate. He only needed rest and there was nothing serious.

Although the 63-year-old Sirisena appeared to be in good health, his sudden illness raised questions among politicians about Article 38 of the constitution regarding the vacation of the highest office in the country.

It might be premature to discuss the vacation of office by the president, but if Article 38 does come into operation, the will of the people as expressed through the January 8 election could be turned on its head and democracy subverted through a skewed, but legal, process.

In the event Article 38 becomes operational in the present situation, the Prime Minister, at the moment Ranil Wickremesinghe, will automatically become President with the operation of Article 40 (1) / (a) for a maximum period of one month.

Within that period, a secret ballot will have to be taken in the 225-member parliament to elect one among them as the president to serve the balance term of the president. In this case, that would be till 2021.

With Ranil Wickremesinghe's United National Party having only 42 members on its own, it is highly questionable if the current Prime Minister will enjoy an absolute majority in a parliament that does not reflect President Sirisena's January mandate.

The current parliament represents the mandate Mahinda Rajapaksa received in January 2010 and he can still count on the support of a considerable section of the SLFP.

Rajapaksa loyalists could still bring him back to parliament. He cannot be brought into parliament through the national list because his name did not figure in it at the 2010 elections, but there is another way.

For example, if all eight candidates of the UPFA, including the four elected MPs from the Moneragala district were to step down, then an outsider could be nominated. This is how Nihal Galappatti entered parliament from the Hambantota district in 1994 as a member of the SLPF, a front of the JVP.

Even if a legal challenge keeps Mahinda Rajapaksa away from parliament before the one month presidential election is held, eldest brother Chamal Rajapaksa could step into the fray and, on taking the top job, could call a fresh election with younger brother Mahinda as PM candidate.

At that stage, the SLFP and the Rajapaksas may be amenable to transfer executive powers of the president to a prime minister.

Either way, the Rajapaksas  could, in theory, be governing the country till January 2021.

A hale and hearty Sirisena would be back at work this week and is due to attend a national ceremony marking traditional oil anointing, but it may not stop some politicians licking their chops while making others very nervous.

Unless the government moves for a quick election to secure a mandate that is in line with the will of the people as expressed at the January presidential election, the New Year will usher more uncertainty.

The relevant constitutional provisions could be found here: see Articles 38 and 40.

Sri Lanka: Can Sirisena Deliver on Reforms?

By Taylor Dibbert - The Diplomat

In early January, Sri Lanka’s Mahinda Rajapaksa was thrown out of office. Rajapaksa, a two-term president who had ruled since 2005, allegedly abused state resources throughout the election campaign and few predicted he would lose. Though Rajapaksa still won a majority of Sinhalese votes (the overwhelming ethnic majority in a country whose population exceeds 20 million), Sri Lankans from all walks of life were simply fed up with a regime that had been plagued by corruption, nepotism, and heightened authoritarianism. Maithripala Sirisena campaigned on a bold agenda that pledged to stop the rot. But is Sirisena’s governing coalition really committed to meaningful change? Might reform in Sri Lanka be on the rocks?

It’s true that constitutional and electoral reforms require a two-thirds majority in parliament and that sweeping changes cannot happen overnight. Nonetheless, there’s plenty that the new administration could have done almost immediately. It’s also true that the Sri Lankan government has already made a few positive changes, such as removing some media restrictions and lifting travel restrictions for foreigners who wish to visit the north. Sirisena has also started to restructure the Foreign Service and corruption probes are underway. However, Sirisena was sworn into office more than three months ago, and the most important pledges in his 100 day plan remain unfulfilled. Perhaps the administration just needs more time. Would it be prudent to wait another couple of months and see how things play out before roundly criticizing the new administration? But aside from the overall lack of progress, the administration appears to have taken a few steps in the wrong direction. Let’s consider some examples.

Nepotism has plagued Sri Lankan politics for years. Two of Rajapaksa’s brothers held senior positions in his administration. Another brother, Chamal, remains speaker of parliament. His son, Namal, is a member of parliament. Rajapaksa’s network of nepotism ran deep and wide; in that context, Sirisena would bolster his credibility with the public by avoiding questionable presidential appointments and obvious nepotism.

Unfortunately, there have been early indications that the new president may follow in his predecessor’s footsteps. Kumarasinghe Sirisena, the president’s brother, has been appointed chairman of Sri Lanka Telecom. Sirisena’s decision to appoint his son-in-law to the Ministry of Defence is also cause for concern. Add other questionable appointments and it appears that a return to responsible governance and a transparent selection process for key positions may not occur on Sirisena’s watch.

The Sri Lankan government’s detention of Tamil political prisoners has long been an issue. For decades, many Tamils have been subjected to arbitrary arrest and detention (or far worse), at the behest of the government. Though the precise number is unknown, there are likely at least several hundred Tamil political prisoners who are currently being held by the government on highly questionable charges.

In early March the government granted bail (with conditions) to Jeyakumari Balendran, a human rights activist. Seven other political prisoners were also released. This is ostensibly a positive development, but releasing people on bail is not the same as letting them go free. Balendran (and others) still have to report to the police on a monthly basis. She also had to give up her passport, as did others who had passports. The cases of these eight people will resume in the coming months.

Frankly, we should not be surprised that political prisoners were released during the 28th session of the Geneva-based U.N. Human Rights Council, an important multilateral forum that has kept Sri Lanka’s poor governance and human rights record under the microscope for the past several years. The government’s inability or unwillingness to make meaningful progress regarding political prisoners is inimical to Sri Lanka’s need for reconciliation and has created well-founded suspicion among Tamil political leaders, civil society, and the international community. Sri Lanka’s draconian Prevention of Terrorism Act has helped make much of this possible. Yet, even though the war ended nearly six years ago, it’s unlikely that the government would repeal this undemocratic piece of legislation – which gives state security personnel broad powers to search, arrest and detain people.

Widespread militarization, including the military’s foray into virtually all spaces of civilian life – especially in the war-torn north – was a hallmark of Rajapaksa’s last five years in office. Yet demilitarization does not feature in Sirisena’s reform plan and this month a senior military official reiterated that any military drawdown in the north could threaten the country’s national security, a highly dubious claim.

Moreover, the new government has been widely criticized for not being open with the public about its agenda. A significant problem, which could have been rectified almost immediately, has to do with draft bills and regularly allowing the public to see (and debate) legislation before it is presented in parliament. More generally, a broader initiative to consistently engage the public is likely to be well-received and would stand in stark contrast to the days when Rajapaksa ruled – but that still has not happened. Clearly, there is an inherent tension between implementing a bold reform agenda quickly and ensuring that the process is inclusive and consultative. Yet the government has done a poor job of balancing those competing interests.

In addition, Sirisena recently decided to significantly expand the size of his cabinet and form a “national government.” This decision has been met with consternation in Sri Lanka since Sirisena had said he would have a limited number of cabinet members and eschew excessive government spending (in contrast to the Rajapaksa era). The fact that some of these recent appointments include people linked to corruption allegations (and the Rajapaksa regime) has made this move seem even more misguided. As many have suggested, the motivation for this decision was likely twofold. First, Sirisena knows that he needs a two-thirds majority in parliament to pass any constitutional amendments. Sirisena is a longtime member of the Sri Lanka Freedom Party (SLFP), but he won the presidency largely with the help of the United National Party (UNP), the country’s other big Sinhala-Buddhist party. The SLFP still holds the most seats in parliament and constitutional changes would not be possible without the support of a significant portion of that party. Meanwhile, the prospects of a Rajapaksa comeback have persisted. One way for Sirisena to try to forestall that development (or at least curtail Rajapaksa’s influence) could be to bring numerous members of the SLFP into a cabinet that had been dominated by the UNP. Nevertheless, these latest moves are unlikely to augur improvements in governance.

In spite of some mixed messaging, Sirisena made it clear that (at least) weakening the powers of the executive presidency was an essential component of his reform program. The current version of the 19th amendment to the constitution would not abolish the executive presidency, but an amendment that trims presidential powers and empowers independent commissions and institutions (and hopefully deepens democracy) would still be important.

However, the Supreme Court has recently ruled that, while constitutional, some parts of the 19th amendment would require a public referendum. Now the government’s plan is to remove those sections and present a different version to parliament on April 20. Sirisena has stated that he will dissolve parliament once the 19th amendment has passed. But passage is not a foregone conclusion. In a recent interview, J.C. Weliamuna, a prominent human rights lawyer, said that parliament’s failure to pass this legislation should be seen as “a complete reversal of the mandate of the people” and indicated that Sirisena would be left with no choice but to dissolve parliament. Electoral reforms have been another big topic of discussion, but it’s difficult to predict specifically what those reforms may look like and whether they would be included in the 19th amendment, tabled concurrently, or debated in detail on another occasion.

Sri Lanka’s recent political shake-up has meant that continued volatility has been the order of the day. But are things really changing? In short, they are, but maybe not nearly as quickly as many people have suggested. Rajapaksa’s defeat and his peaceful departure are positive developments. Yet the challenges for the new government in general and Sirisena in particular remain formidable. An important parliamentary election that’s expected in June ensures that Sri Lanka’s political situation will remain fluid in the coming months. The lingering potential for a Rajapaksa comeback further complicates the situation. Rajapaksa was ousted because Sri Lankans craved real reform – not cosmetic maneuvering.

When Rajapaksa left office, there was hope that things in Sri Lanka were changing for the better, that Rajapaksa’s unexpected defeat would quickly take the country back from the brink of autocracy. The U.N. Human Rights Council’s decision to delay the release of a report on wartime atrocities confirms that the international community still believes that Sri Lanka’s new government is intent on delivering positive change.

For now, then, it might be wise to keep the unbridled optimism and talk about “extraordinary positive change” in check. Sri Lanka’s complex political transition – towards more responsible governance, lasting institutional reform, and healing the wounds of three decades of war – is still in its early stages.

Taylor Dibbert is a freelance writer based in Washington, D.C. and the author of Fiesta of Sunset: The Peace Corps, Guatemala and a Search for Truth. Follow him on Twitter @taylordibbert.

CBK Reads Riot Act To UNP: Says MR Faction Promoted By Green Party

From Asian Mirror
Former President Chandrika Bandaranaike Kumaratunga has accused the top rung leadership of the United National Party of attempting to divide the Sri Lanka Freedom Party by deliberately promoting the campaign to position Mahinda Rajapaksa as the Prime Ministerial Candidate of the SLFP.

CBK, who is now playing the Sonia Gandhi at the SLFP headquarters, is of the view that the UNP is trying to gain an edge at the next general election by dividing the SLFP vote. She, according to highly placed political sources, has already taken measures to prevent the SLFP from granting nomination to Rajapaksa to contest the next General Election under the SLFP ticket. CBK has taken over the dual roles as the Head of policy planning and Head of the re-organization programme of the Sri Lanka Freedom Party.

According to CBK's calculation, if the Rajapaksa factor comes into play at the next Parliamentary election, it will reduce the SLFP share in the country's legislature. "That is exactly why," she says, "the UNP wants to promote the Rajapaksas and create a division in the SLFP. They think that will ensure a large Parliamentary stake for the UNP."

Meanwhile, Jathika Hela Urumaya Chairman Athuraliye Rathana Thera recently alleged that the government is not penalizing allies of Mahinda Rajapaksa for their earlier wrongdoings as the UNP wants Rajapaksa to remain strong.

"YAHAPALANAYA" on Overdrive: Notice on several commercial bank heads to resign likely to be challenged

From Adaderana

A certain group is currently considering whether there are possibilities of taking legal action challenging the Finance Ministry ‘request’ for the heads of several private commercial banks to resign, www.adaderanabiz.lk learns from very reliable sources.

The Finance Ministry had recently informed several higher ups appointed to private commercial banks where the government is a stakeholder to resign from their respective posts.

Following this notification, Sunil Wijesinha resigned as Chairman of National Development Bank and Dr. Rani Jayamaha resigned as Chairperson of Hatton National Bank.

However, it is learned that the Finance Ministry has requested several other prominent private commercial bank heads to also resign.

A veteran in the banking sector who remained to be anonymous toldwww.adaderanabiz.lk that it was not ethical to attempt to control any private commercial bank while amalgamating the shares owned in the organization by various government institutions.

He pointed out that the Securities and Exchange Commission should first clarify whether or not the Finance Ministry has the authority to request the heads of these private commercial banks to resign before they retire.

Under such circumstances, a certain group is considering whether there are possibilities of taking legal action challenging the Finance Ministry ‘request’ for the heads of several private commercial banks to resign after the Ministry having amalgamated the shares in these banks owned by various government owned institutions.

Nearly 33 per cent of shares in the National Development Bank and nearly 28 per cent shares in the Hatton National Bank are owned by the government.

Arjuna writes to President and Premier

From SL Mirror

Ports and Shipping Minister Arjuna Ranathunga has called on President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to be mindful not to grant nominations to opportunistic and corrupt persons who cross over from major parties when they are not able to secure nominations in their own parties.

Full letter:

Honorable President Maithripala Sirisena,
Honorable Prime Minister Ranil Wickramasinghe,

This letter comes forth as a request from a citizen who believes in a political philosophy and a resulting culture, which disfavor party politics, but rather upholds the progress of the country above all else.
My honest feeling is that the victory we achieved on 8th January, under your leadership, is a remarkable collective political victory of all Sri Lankans. As a sportsman and a member of the cricket world cup winning team in the year 1996, I am proud to have become a stakeholder of that political victory as well. I served as a frontline combatant against the authoritarian rule and family based politics of the Rajapaksa’s, ignoring personal benefits and even ignoring the life threats I received; I put my country’s welfare before my own. The great joy and enthusiasm I experienced at the victory secured on 8th January is far more than what I experienced on the day Sri Lanka gained victory at the 1996 cricket world cup.

Honorable President and Honorable Prime Minister, the memories of the defeated regime are of resentment and of a apprehension. One family, through their narcissistic and immoral rule, has enjoyed our national resources without limit or control. Their will was to consume all the existing resources up to the limits of the sky, the earth and the ocean of the motherland. The will of the family suppressed the will of all Sri Lankans. The country was paralyzed by many forms of fear and violence, even though the war on terror had ended. Personally, as a member of the parliament, I experienced tremendous amount of pressure and frustration during that time of political rule. On reflecting on the situation of the general public during that period, it is evident that the stress and violence the past regime unleashed upon the general public was severe and consequently had reached a tipping point both for the oppressor and the oppressed by the time of the elections. On the 1st of December at Viharamahadewi Park, we signed a collective agreement which pledged an end to this dark age, prompting a positive future not only for us but also for the generations to come with the support and participation of various political parties and civil society collectives, disregarding all internal contradictions. Coincidently, the 1st of December is my birthday. It was remarkable that I had the opportunity to lay the foundation for the Maithri era that gathered different political parties and movements on one platform for one cause and for one challenge on a day that is very close to my heart.
Honorable President, Honorable Prime Minister, on the 8th of January we established a milestone of a beginning of an ideal era in the history of Sri Lankan politics. There is yet on the one hand the great task of rebuilding the country, which was misdirected by family rule and family business. On the other hand, there is also the great challenge of the political parties and movements working together. We must also not forget that there are political conspiracies and maneuvers, as expected, to paralyze our march forward and to bring back ‘the family’ into the power. The distress I have right now is that the partners and masterminds of that ongoing conspiracy are not outside but amongst us. The henchmen who became the backscratchers of the defeated regime, casino owners who looted and misused public money openly, heroine and ethanol dealers, black market dealers and dealmakers are now changing their moves. Now disguised in new outfits, their attempt is to get close to you and to continue their same manipulative behavior. I kindly ask you not to be deceived by them. The real call of the hour is to view the situation with a discerning eye, leading us to make right choices.
Honorable President, Honorable Prime Minister, in my view the upcoming election is critical in many ways. I believe more than all the other factors, the upcoming election is crucial for the future of our country. The entire future of the 8th January victory can be determined by the results of the upcoming election. Therefore, I kindly request you not to permit nominations for casino/ betting centre owners, gambling agents, heroine- ethanol and black market dealers and other fraudulent persons for the upcoming election. Furthermore, on the foundation of the same argument, I kindly request you not to grant nominations for opportunistic and corrupt persons who cross over from major parties when they are not able to secure nominations; in their own parties. I honestly believe Honorable President, that you as the Chairperson of the Sri Lanka Freedom Party, and Honorable Prime Minister, you as the leader of the United National Party, are capable of standing this request favorably.

Honorable President, Honorable Prime Minister, remarkably for the first time in the Sri Lankan political history, today both of you are able to move all parties and people in the North and the South towards one destined objective. Even though both of you belong to two different political parties and ideologies, today you are able to make decisions collectively; important issues have been resolved as a result of this key alliance, understanding and leadership. Accordingly, I kindly request you to make decisions and to take action on the matter I have emphasized. For the betterment of the country, both of you have been given the honorable duty of restricting opportunists and corrupt individuals from entering into the country’s political sphere. I believe it is meaningful to introduce criteria and guidelines for the process of permitting nominations, which cover all political parties. Today, we must not ask people to select “good” people as politicians, but provide the opportunity for people to select the “best” people from good candidates. That duty is mainly entrusted personally, to the good reasoning powers of the two of you and dependent upon the power vested in your supreme designations. I believe that in the upcoming parliamentary election this would be one of the best ways to defeat the opportunists and corrupt persons. Finally, I kindly request you not to let the victory and opportunity we achieved on 8thJanuary be diminished and wasted. I strongly believe that this step will sustain and add true meaning to the victory of the common people and pave way to a civilized constructive political culture that would ensure a great future to our motherland.

May the Triple Gem bless you!

Yours sincerely,

Arjuna Ranatunga

Video - Walking Path - Present Situation - Pathetic "Yahapalanaya"

What a pathetic administration. We had to get rid of previous administration because they were corrupt to the hilt! That does not mean we have to cut your nose to spite your face. All this involves the tax payers money. The defense forces carried out the maintenance of these facilities. Some uneducated  hoity toity idiots decided that this is too demeaning for the forces boys to carry out this work. You go to the west and you see a dustman (Garbage man for the uninitiated) and they do their job with pride. I don't see what is wrong with the defense boys doing this job personally. I call upon MS & RW to put their hands up and say sorry we got it wrong, but we will remedy it by either employing contractors or say we want a the cities to run wild therefore forget about your walking paths & city beautification's. The way things are going MR must be thanking high heaven for "Yahapalanaya"   

Ex-army chief Fonseka becomes Sri Lanka's first field marshal

COLOMBO (AFP) Lanka's new government Sunday conferred the highest military rank of field marshal on retired army chief Sarath Fonseka, who had been jailed for alleged treason by the previous regime.

President Maithripala Sirisena awarded Fonseka the title at a state ceremony in the capital and said he was unjustly treated by the previous government.

Fonseka was thrown in jail after he unsuccessfully tried to challenge a re-election bid by the then-strongman president Mahinda Rajapakse in 2010.

Soon after he toppled Rajapaksein a January election, Sirisena used his executive powers to clear Fonseka of all the allegations, including treason and dabbling in politics while in uniform.

Ensuring justice for Fonseka was a "responsibility undertaken by the (new) government in our quest for justice for the whole of the army", Sirisena said. 

Fonseka led troops to victory over the separatist Tamil Tiger rebels in 2009, but then fell out with Rajapakse over who deserved the credit.

The decorated general was publicly humiliated and stripped of his rank, pension and medals collected in a 40-year career. He spent two years in jail and lost the right to contest elections for seven years.

The United States considered Fonseka a political prisoner and campaigned for his unconditional release, which eventually came in May 2012.

The new president, who was backed by Fonseka in the run-up to the January 8 election, granted a pardon and completely exonerated him of previous convictions as well as pending charges of treason.Soon after his 2010 poll defeat, Fonseka was detained on a charge of corruption relating to military procurements and then given a 30-month jail sentence.

In November 2011 he was sentenced to three more years in jail for saying that Tiger rebels who surrendered had been killed on the orders of Rajapakse's brother Gotabhaya Rajapakse, the then-defence secretary.

Fonseka had also angered the government by saying he would testify before any international tribunal probing possible war crimes charges.

Sri Lanka's former government had denied any civilians were killed by its troops at the climax of the 37-year war in 2009, which is believed to have left up to 100,000 people dead.

Below Images from Defense Ministry Web site

 

National Government today - 22-03-2015

Following a meeting between President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe a decision has been taken to form a national government today (22).

According to reliable sources, they have reached to a consensus to offer 15 Cabinet ministerial portfolios and 15 deputy ministers to the Sri Lanka Freedom Party (SLFP). The new Cabinet Ministers will swear in before the President tomorrow itself and the first Cabinet meeting of the national government will take place Monday (23).

Even though, it was discussed to appoint 10 state ministers also from the SLFP, final decision on the matter will be taken only tomorrow morning.

The inside story: How Maithripala Sirisena spent election night on a Dodangaslanda estate

‘There were plans to destroy my whole family’ – President tells

 Sandeshaya

by Suresh Perera

With President Maithripala Sirisena’s revelation to Sandeshaya, BBC’s Sinhala Service in London, that there were plans to "destroy his whole family" if he lost the presidential poll, political sources recalled how the then common candidate was escorted under cover of darkness to an estate owned by a close friend in the Kurunegala district.

Just days after the January 8 presidential election, The Sunday Island learnt how the drama unfolded at Dodangaslanda, a sleepy village at the far end of Kurunegala bordering the Matale district, but political sources politely declined to discuss details as the President himself had not referred to the episode earlier.

During his recent visit to London, President Sirisena told BBC Sandeshaya’s Saroj Pathirana in an interview that he wouldn’t know whether he and family would be alive today if the elections favoured the other side. "That was the democracy the Rajapaksas practiced. I know that only too well, he said.

On the day of the poll, Sirisena had cast his vote at Polonnaruwa and decided to leave home to a secret destination as there were credible reports that he and his family could be harmed if they remained in a location which could be easily traced after the outcome of the election was announced the following day (January 9), the sources recounted.

As darkness fell, the convoy of vehicles cut across Dambulla and headed towards a coconut plantation at Dodangaslanda owned by Kiran Atapattu, a close friend of Sirisena. The village was asleep as the black BMW vehicle carrying the common candidate approached the estate, the sources said.

Not leaving anything to chance, the vehicle snaked its way in pitch darkness along the narrow dark road leading to the sprawling plantation. The other vehicles in the convoy were halted at a point en route to prevent information of the exact location leaking out and also to ensure the villagers were not alerted, they recalled.

Later, some other vehicles deemed "safe" sneaked up the estate road one by one and spread out to be parked under some coconut trees. Every possible precaution was taken to prevent word getting around, which, the sources explained, could have endangered the life of the common candidate and his family, if the worse came to the worst.

"After dinner, Sirisena, accompanied by his wife Jayanthi Pushpa Kumari and children Daham, Chathurika and Dharani, son-in-law Thilina and grandchildren, relaxed as news of the vote count filtered through.

Many were the calls that came through and some officials kept him abreast of the developments in Colombo, the sources said.

There were many who asked him where he was, to which he replied "Polonnaruwa". Concerned about him remaining in his North Central province home base, he was advised to move to a safer location as there were reports of a sudden build up of troops in Colombo, they noted. "The situation was becoming increasingly tense as reports of a possible coup attempt also did the rounds".

Sirisena was selective in answering telephone calls as many within the Mahinda Rajapaksa regime could not be trusted and giving away his hide-out would have been disastrous at that critical hour, the sources pointed out. "Some callers specifically wanted to know whether he was at home in Polonnaruwa.

It was a long night and as news emerged that the common candidate was steadily making headway and victory was predicted, a jubilant Sirisena decided to leave for Colombo the following morning. An aide fixed a Sri Lankan national flag on the front of the BMW car as he prepared to depart, the sources said.

The President-elect thanked Kiran Atapattu and his family for their courageous efforts and the bold resolve to offer him protection, despite the horrendous reprisals the move would have triggered if Sri Lanka’s voters had decided otherwise.

Villagers of Dodangaslanda gaped as Sirisena’s car, with the Lion flag fluttering in the gentle breeze, cruised down the estate road after it became clear that President Mahinda Rajapaksa was on his way out, the sources elaborated.

It was ironical that Sri Lanka’s incumbent Executive President had to remain under cover fearing for his life until the final outcome of an election in a country which was at one time described as a "five-star democracy", they pointed out.

President Sirisena also told the BBC Sandeshaya program that everybody now harps on democracy, but if he was defeated in the presidential poll, how many people would have been killed by now. "In addition, we know how many people would have had their limbs broken, how many would have been jailed and how many would have been thrown out of their jobs".

"If I lost the election, there was a plan to imprison my whole family and destroy us", he asserted.

Sajith, Rajitha Courted By Drug Mafia

From Colombo Telegraph

“The Health Ministry is the most corrupt state organization… Health Ministry officials are the most corrupt in the state sector.” A bold allegation, it may seem, but one that was levelled nonetheless by President Maithripala Sirisena when he addressed a meeting of the All Ceylon Nurses Association at the Maharagama Youth Centre on 10 February. “I was the Health Minister in the former government and I know how corrupt the ministry is”, he said. “The present Health Minister, Dr Rajitha Senaratne, [has] all the freedom he needs to do his job properly and I believe he has embraced the challenge of cleansing the Ministry of all corruption.”

 Despite having received massive support from President Rajapaksa and former First Lady Shiranthi, oncologists Mahendra Perera and Jayantha Balawardane were out 'celebrating' the victory of the UNP's deputy leader Sajith Premadasa in the election of 8 January.

Despite having received massive support from President Rajapaksa and former First Lady Shiranthi, oncologists Mahendra Perera and Jayantha Balawardane were out ‘celebrating’ the victory of the UNP’s deputy leader Sajith Premadasa in the election of 8 January. | File photo

To do that, however, Minister Senaratne will need a very big broom indeed. Just ten days previously, a senior regulatory official in his ministry had hosted a gala reception at Water’s Edge, one of Colombo’s most prestigious venues. To it were invited the private sector’s biggest purveyors of drugs and medical supplies. Incredibly (if not naively), the entire cost of the lavish extravaganza was met by the official, from his personal funds. No one seems to have stopped to ask why a government official should spend his personal money to host a party for Colombo’s drug moguls, or how it was that he had made so much money as to be able to squander it so freely. Invitees were told that the purpose of the function was to introduce them to the new minister, who would also be in attendance. Corruption in Sri Lanka’s health sector is not conducted furtively: it is done out in the open, for all to see, with complete impunity.

What was probably unknown to Dr Senaratne as he sipped and supped with the leading lights of the pharmaceuticals industry at Water’s Edge was that the very same official had, just a few weeks previously, hosted another reception for some 200 government health professionals at the Colombo Hilton’s Il Ponte poolside restaurant to urge them to support then president Mahinda Rajapaksa’s candidature at the election of 8 January. Again, it was the official, doubtless from the vast profits accumulated from hefty bribes, who footed the bill.

The Bibile Bill

Only last week, no doubt from the best of motives, parliament rushed through a bill to establish a National Medicine Regulatory Authority Bill before it could be subjected to any public scrutiny. Incredibly for a bill sponsored by none less than the president, less than one-third of MPs, 68 in all, voted on it: 157 legislators absented themselves from the vote. Many claim, however, that the mechanisms to make the new Authority’s workings transparent need further scrutiny.

The present pharmaceuticals regulatory body, the Cosmetics, Devices and Drugs Authority, which is under the Health Ministry, is one of the most notoriously corrupt institutions in the entire government. Indeed, the president’s remarks quoted above were probably aimed at it. Inexplicable delays by the Authority to grant licenses result in importers suffering enormous losses, and they readily pay millions in bribes to avoid such delays. “They held up my import permit for my 140-million shipment for more than three months,” one importer faced with this dilemma told Colombo Telegraph. “This was even though my product was fully registered and the customer was the Ministry of Health itself. Without their signature, the customs do not release the goods. Eventually I had no choice but to meet him and ask how to solve the problem. ‘You should know how’, he told me. After several demands I offered him Rs 2 million to sign the permit, but he chased me away saying that was not even worth considering. He told me, ‘Remember, I can bankrupt you!’” The question now is whether the new National Medicine Regulatory Authority set up under the Bibile Bill will be just another such corrupt, bribe-taking bureaucracy, or whether the Bill contains safeguards to ensure transparency.

The Elekta Scam

The problem with the Health Ministry is that some of the doctors in powerful positions have become brazenly corrupt. Often, the way this works is that they are called upon to treat important politicians or their families. This gives them intimate access, which they then exploit for their own gain.

On 22 February the Colombo Telegraph ran a comprehensively-documented exposé of one such case, where the Ministry, in an infamously shady deal, committed a staggering sum of Rs 7 billion (7,000 million) for the purchase of linear accelerators from a UK-based company named Elekta. No tenders were called, nor were competing bids invited. The deal was simply handed to Elekta on a plate, in a secret deal that reeks of corruption. Our exposé showed that the Health Ministry’s engineer on the procurement committee, S.A.J. Karunatilaka, had already been found guilty by the ministry’s own disciplinary process, of making no less than 15 illegal overseas trips. There has been no inquiry up to now as to whether any of these trips was funded by Elekta or its local agent, Siyol International, headed by businessman Sanath Perera. Indeed, Health Minister Rajitha Senaratne has up to now failed to launch an investigation into Karunatilaka’s illicit foreign trips, or to report this affair to the Bribery Commission or the police. Nevertheless, following our story, the National Cancer Institute’s deputy director, Dr Wasantha Dissanayake, announced that Dr Senaratne has ordered an inquiry into the Elekta scam. No announcement has been made, however, as to whether the deal has been suspended, or who is conducting the inquiry.

‘Totally free’ = Rs 7 billion

Here again, the problem is that the doctors who influence procurement are hand in glove with the vendors. Prior to publishing our story we contacted Dr Jayantha Balawardane, a senior oncologist at the National Cancer Institute, Maharagama, who was implicated by multiple sources as being a prime mover of the Elekta project. Dr Balawardane, however, distanced himself from the scam, telling us on 17 February that he “only helped the college of oncologists in this project. [The] Sri Lanka College of Oncologists is the founder of this project.” Asked specifically about any association with Elkta or Siyol, again Dr Balawardane shrugged us off, saying “We have not requested or specified any particular brands at any stage in our proposal”. Asked further about S.A.J. Karunatilaka’s illicit travels he told us “Any such matters are not applicable to me.”

It would seem from Dr Balawardane’s responses above that both he and Dr Mahendra Perera had acted purely in the context of their being members of the College of Oncologists, had no personal interest in this 7-billion rupee investment, were unfamiliar with S.A.J. Karunatilaka and had no involvement with Siyol International.

Asked by Colombo Telegraph of any personal interest he or Dr Mahendra Perera may have in this giant project, Dr Balawardane replied defensively, “Whoever your informant is, I fear is doing this with some malice to tarnish Dr Mahaendra Perera’s and my good names, or there are other parties with vested interests trying to sabotage this cancer project, which will provide totally free state of the art treatment for poor cancer patients in Sri Lanka , who otherwise would have to pay exorbitantly for this same treatment in the private sector.”

Despite Dr Balawardane’s ringing endorsement of Elekta’s technology as “state of the art”, insiders at the Maharagama Cancer Institute claim not only that the machines being imported are sub-standard but that they are over-priced by as much as 50%. “The only way to ensure the correct price and the best technology”, one of them told Colombo Telegraph, “is to call for open competitive tenders. Why did they not do so? And why is Dr Balawardane endorsing this corrupt process and inferior technology? And on what basis is he claiming that they are ‘state of the art’ if, as he says, he is not part of the procurement process? How can he know?”

Worse, in Dr Balawardane’s economic worldview, it seems that Rs 7 billion in public funds equates to “totally free”.

No Answers

So we asked him that very question. “You state [the project] will ‘provide totally free, state of the art treatment for poor cancer patients in Sri Lanka’”, we said. “However, the Treasury states that Rs 7 billion has been allocated for the project. Could you please clarify then (a) in what way the treatment will be ‘totally free’; and (b) why no tenders were called for this massive procurement?”

Unable to answer these direct questions, however, Dr Balawardane stonewalled, saying only, “I believe I have nothing further to say on the said matter”.

The fact remains, however, that many doctors wielding influence in drug and equipment purchasing for the Health Ministry are uncomfortably cosy with certain vendors. Apart from other gratifications, it has become routine for such doctors to have their foreign travel sponsored by pharmaceuticals companies under the guise of “attending academic conferences”. Although such “sponsorship” is a bribe in terms of both the Penal Code and the Bribery Act, it is worryingly commonplace, with “academic conferences” taking influential doctors to unlikely destinations such as Kenya’s Masai Mara National Park or numerous world capitals in which, by lucky happenstance, they happen to have close family.

According to Dr Balawardane, for example, who admitted to Colombo Telegraph that he too has benefitted from such sponsorship, “Such academic conferences are mostly group sponsored by the pharmaceutical companies all over the world as routine”. The problem, however, is that they are nevertheless illegal and a direct conflict of interest when sponsored by companies whose sales the doctors can directly influence (Karunatilaka, for instance, faces dismissal and prosecution for doing much the same thing). A course of some of these drugs, such as Mabthera (Rituximab) manufactured by the multinational Hoffmann-La Roche, for example, cost patients up to Rs 1 million. And Mabthera’s local agent, A. Bauer & Co., is a regular sponsor of doctors to “academic conferences” in the world’s tourism hotspots.

Bolgoda Bash

On Saturday 21 February 2015, just one day prior to our exposé of the Elekta scam, Rajiv Nanayakkara, managing director of Markss HLC Ltd, one of the largest purveyors of cancer medicines in the country, hosted a gala festivity at his luxury residence on Bolgoda Lake. Present at this occasion were not only Drs Jayantha Balawardane and Mahendra Perera, but also the UNP’s deputy leader and Minster of Housing and Samurdi, Sajith Premadasa. The festivity, Dr Balawardane told Colombo Telegraph, was “hosted for the Hon Minister, Mr. Sajith Premadasa, to celebrate his victory”. Dr Balawardane, however, saw nothing strange in being entertained in the house of a businessman who benefits from millions of rupees worth of sales as a result of his (Balawardane’s) personal goodwill, the very definition of a conflict of interest.

What is more, he saw nothing strange in “celebrating the victory” of Sajith Premadasa given that until 8 January 2015 Balawardane made it abundantly public that he was among Mahinda and Shiranthi Rajapaksa’s closest buddies, boasting to anyone who would listen how he regularly dined at President’s House, had treated the First Lady’s ailing mother and attended on the president himself, when he had a cancer scare. Now, barely a month later, he was “celebrating” Sajith Premadasa’s “victory”. As it happens, Sajith Premadasa has not experienced a victory: he was not, after all, even a candidate in the election of 8 January. Instead, what Nanayakkara, Mahendra Perera and Jayantha Balawardane were celebrating was the ascent of Premadasa to the cabinet. They now have a friend in high office to provide patronage and cover to their future prosperity.

When President Sirisena says that he believes Rajitha Senaratne “has embraced the challenge of cleansing the Ministry of all corruption”, then, clearly the latter has his work cut out. As with all the other anti-corruption pledges of the new government, however, the public is yet to see anything more than words in the Yahapalanaya Government’s crusade against corruption. Unless substantial action comes before the general election, it will be the electorate who will be asking the government some very uncomfortable questions indeed.

PM Modi in Colombo: Indian Ocean critical to security and prosperity of India and Sri Lanka

From dnaindia.com

Prime Minister Modi further said that India and Sri Lanka are 'more effective' when they work together, adding that the threat of terrorism has made such an alliance necessary.

Prime Minister Narendra Modi on Friday highlighted the importance of the Indian Ocean in the 21st century, adding that the direction it takes will be determined by the countries in the region.

"The Indian Ocean is critical to the security and prosperity of our two countries. And, we can be more successful in achieving these goals if we work together; build a climate of trust and confidence; and we remain sensitive to each other's interest. We deeply value our security cooperation with Sri Lanka. We should expand the maritime security cooperation between India, Sri Lanka and Maldives to include others in the Indian Ocean area," Prime Minister Modi said, while addressing the Sri Lankan Parliament here.

"I often say that the course of the 21st century would be determined by the currents of the Indian Ocean. Shaping its direction is a responsibility for the countries in the region. We are two countries at the crossroads of the Indian Ocean. Your leadership and our partnership will be vital for building a peaceful, secure, stable and prosperous maritime neighbourhood," he added.

Prime Minister Modi further said that India and Sri Lanka are 'more effective' when they work together, adding that the threat of terrorism has made such an alliance necessary.

"The security of our two countries is indivisible. Equally, our shared responsibility for our maritime neighbourhood is clear. India and Sri Lanka are too close to look away from each other. Nor can we be insulated from one another. Our recent histories have shown that we suffer together; and we are more effective when we work with each other," he said.

"Our cooperation helped deal with the devastation of Tsunami in 2004. As a Chief Minister, I was pleased to share our experience in reconstruction after the Bhuj earthquake in 2001. Our cooperation is also integral to our success in combating terrorism and extremism. For both of us, local threats remain. But, we see threats arising in new forms and from new sources. We are witnessing globalisation of terrorism. The need for our cooperation has never been stronger than today," he added.

Calling the present political climate a time for the 'renewal' of New Delhi-Colombo relations, Prime Minister Modi thanked Sri Lanka President Maithripala Sirisena for choosing India as the destination for his first trip abroad since taking office.

"Sri Lanka and India are at a moment of a great opportunity and responsibility – for realising the dreams of our people. This is also a time for renewal in our relationship; for a new beginning and new vigour in our partnership. We have to ensure that our proximity always translates into closeness," he said.

"We were honoured that President Sirisena chose India as his first destination last month. I am honoured to be his first guest here. This is how it should be between neighbours. Tomorrow I will go to Talaimannar to flag off the train to Madhu Road. This is part of the old India –Lanka rail link. I have come with the hope of building this bridge – a bridge that rests on strong pillars of our shared inheritance; of shared values and vision; of mutual support and solidarity; of friendly exchanges and productive cooperation; and, above all, belief in each other and our shared destiny," he added.

Earlier in the day, Prime Minister Modi expressed his delight to be in Colombo and said that India is privileged to be Sri Lanka's development partner.

He also called for a long term solution to the fishermen issue, stating that it involves livelihood and humanitarian concerns on both sides. 

Video - Man with the biggest Ego & severe Amnesia speaks in Mihintale!

PROLOGUE 

"A person who has forgotten his past actions, but with a ego of ginormous proportions talking to the press. He seems to have forgotten every misdeed he has ever done & now trying to portray him self as Mr Clean trying to walk the talk! I feel sorry for the people of Sri Lanka if ever hitches a free ride with the help of Modawansa, Vasideva, Hombanpila & Danis. He had his day & could have been the greatest politician Sri Lanka ever had, but no he had to take a route no other politician in Sri Lanka has ever taken by being a uncouth ruler. I compare him to Hitler, Mussolini, Muammar Gaddafi, Saddam Hussein, et al. I respected the man when he rode the crescent in 2009 by defeating the most ruthless terrorism a country had to undergo with Vellupillai Prabhakaran. Over the years since then his type of autocratic leadership with his family & cronies has destroyed this country. The best example of the situation is to consider the way his all powerful brother decamped  to USA! Nothing has been heard or spoken of him in any substantial way other than him applying for three months leave from the Parliament. He was the national organiser for the ruler. He was man controlling the biggest cabinet portfolio after the ex president. For all fraud that has happened over the last nine years MR & BR should be held responsible!"    

The latest news is him giving interviews to international news media claiming of the age old adage - "It is an International Conspiracy that got rid of him" 

EPILOGUE

All I will say to Maithri/Ranil coalition is you are trying to portray that you are doing something about the previous misdeeds, but before you that get your act together. Get rid of buffoons like Ravi Karunanayake, John Amaratunge, rein in Dr Rajitha Senaratne (b'cos he speaks out of turn!) &  tell JHU boys to follow decorum (virtually impossible if I may add) & get your administrative service into a semblance of some order. Also you have complete loose cannon with General Sarath Fonseka - I really have no idea what to do with him, because he has got so much pent up anger for the injustices that happened to him. Last of all Mrs "Statalite", just keep her under wraps & bring her out once in while to give her a good airing to drive out the cob webs!!!

Sri Lanka is never going to stop corruption because we are Sri Lankans that has got corruption running in our veins unfortunately. Sri Lankans will sell their own Grand Mother for the right price - be it Sinhalese, Tamils or Muslims. Despite it being so we can control the situation by adopting certain principals in our behaviour. 

The Video      

Sri Lanka should thank China, not attack it, ex-president Rajapaksa says

From South China Morning Post - Debasish Roy Chowdhury in Tangalle, Sri Lanka
debasish.roy@scmp.com

Former president insists Chinese money crucial to turning major infrastructure plans into reality

Sri Lanka's new government is being unfair to China by unnecessarily dragging it into domestic politics, Mahinda Rajapaksa told the South China Morning Post in a rare interview after his defeat in January's presidential elections.

"They should be thankful to China for the help they extended; instead these people are treating China like a criminal," said Rajapaksa. "But I would urge China not to take it personally. It's me they are after. They are only using China to get me. China should not feel hurt and stop helping Sri Lanka."

Since 2009, when a three-decade civil war between Colombo and Tamil separatists ended, Beijing has pumped an estimated US$4 billion into Sri Lanka.

This has come in the form of aid, soft loans and grants, with almost 70 per cent of infrastructure projects in Sri Lanka now funded by mainland financial institutions and executed by mainland companies.

Once considered invincible because of his popularity among the Sinhalese majority after wiping out Tamil militancy, Rajapaksa lost power in a shock defeat to former Sri Lanka Freedom Party colleague, Maithripala Sirisena.

During the election, Sirisena attacked the alleged lack of transparency surrounding Beijing-backed projects and Sri Lanka's growing dependence on China to fund them.

"They say I am pro-China. I am not pro-China, or pro-India, or pro-America," Rajapaksa said. "I am pro-Sri Lanka. I wanted development for Sri Lanka and China was the only one which had the resources and the inclination to help me.

"Take, for example, the Hambantota port and airport. I had offered both to India, they were not interested. So who would I go to? Only China could bring in the money I needed."

These two giant infrastructure projects in southern Sri Lanka were attacked by the opposition as white elephants built with Chinese money that would also bring expensive debt.

Rajapaksa rejected the new government's charge that the Colombo Port City, a controversial luxury real estate project on reclaimed land, did not have the required feasibility or environmental impact study reports.

Unlike most infrastructure projects undertaken by Chinese companies, Colombo Port City, inaugurated by President Xi Jinping in September, is financed by equity from state-controlled and Hong Kong-listed China Communications Construction Co (CCCC), or funds raised through it, with no commitment from the Sri Lankan government.

Under the deal, CCCC would reclaim 233 hectares of land off Colombo. Of this, 108 hectares would be given to CCCC, including 20 hectares outright and the rest on a 99-year lease.

---

Rajapaksa content to wait for opportunity

In the tropical heat, a long queue curls around the imposing red gate of the most famous address in Tangalle, a beach town 200km from Colombo, and snakes through a metal detector.

For a man who has just lost an election, Mahinda Rajapaksa sure gets a lot of visitors.

Once inside the main entrance of Carlton, as his family home is called, the queue is steered by joyless security men toward a study. It's not as hot as outside, but there's plenty of warmth in that tiny room, and the dethroned Sri Lankan president is soaking up every moment of it.

He holds court while seated behind a table, smiling benignly and listening attentively to what people have to say. He exchanges pleasantries and presses the flesh. He may be out of office, but he is hard at work.

"This is my life now," Rajapaksa explains. "From morning till night, they don't stop coming. They want me to come back. They say they are sorry they voted against me. They want to make amends.

"I tell them I'm tired. I want to rest, please let me rest."

Theater comes naturally to most politicians. To Rajapaksa, who dabbled in bit-part roles in Sinhala movies in his youth, it comes even more easily. Rest is the last thing on the mind of this wily 69-year-old politician, who, as leader of the Sri Lanka Freedom Party (SLFP), had ruled the country with an iron fist until his unexpected January 8 election defeat to a broad coalition, led by former party colleague Maithripala Sirisena.

Popular discontent over corruption, cronyism and subversion of democratic institutions unseated him. In the wake of his defeat, China is seen to have lost one of its closest allies, a leader who came to depend on Beijing both for financial assistance and to ward off international pressure over alleged human rights violations. Many of the projects China had backed in Sri Lanka under Rajapaksa are now likely to come under government scrutiny.