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Enactment of Ontario’s Genocide Bill subject to Lt. Governor General’s approval

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‘Actions of a few shouldn’t be allowed to jeopardize bilateral relations’

By Shamindra Ferdinando

The government has requested Canada not to enact Bill 104 recently adopted by the Ontario Provincial Parliament that resolved that Sri Lanka had committed genocide during the war.

Authoritative sources said that in terms of the Canadian Law in spite of the passage of the controversial Bill 104 moved by Member of Parliament Vijay Thanigasalam (Scarborough—Rouge Park) of Sri Lankan origin, it wouldn’t be enacted until Ontario Lieutenant Governor General Elizabeth Dowdeswell gave her consent on behalf of the Canadian Government. Thanigasalam represents the Progressive Conservative Party of Ontario.  The Lt. Governor General is appointed on the recommendation of the Prime Minister.

Sources said that Foreign Minister Dinesh Gunawardena would meet Canadian High Commissioner David McKinnon to discuss this matter. If Ontario Legislative Assembly succeeded in its high profile project, it would lead to similar propaganda operations in other parts of the world, sources said.

Sources said that Sri Lanka’s Counsel General in Toronto and the High Commission in Ottawa on numerous occasions raised the issue with relevant authorities as part of overall efforts to thwart Thanigasalam’s move. Sources said that contrary to reports, Bill 104 had been carried through without a vote in the Toronto Legislative Assembly on May 6 taking advantage of the rampaging Covid-19 pandemic that restricted the participation of the majority of members.

Responding to a query, sources said that Thanigasalam’s project had been facilitated by the Committee on Regulations and Private Bills coming under the purview of Logan Kanapathi also of the Progressive Conservative Party of Ontario (Markham—Thornhill). Sources said that actions of a few Canadians of Sri Lankan origin shouldn’t be allowed to undermine relations between the two countries.

In the wake of the passage of Bill 104, the government roundly condemned the Ontario Provincial Parliament’s move, pointing out so called ‘Tamil Genocide Education Week’ is based on what the Foreign Ministry asserted ‘a flawed premise, unfounded assumptions and blatant lies.’

The government emphasized that the UN or other foreign governments never blamed Sri Lanka for genocide.  

Meanwhile, informed sources said that Sri Lanka’s former High Commissioner in Ottawa Asoka Girihagama yet to return in spite of being recalled after the change of government in Nov 2019 took over the mission in the year before soon after his retirement from Foreign Service. Sri Lanka is yet to name a High Commissioner in the wake of Canada’s refusal to accept retired Air Force Commander Air Marshal Sumangala Dias and outgoing Attorney General Dappula de Livera, PC, turning down the plum diplomatic post.



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Judicial vacancies: President keeps country guessing

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President

The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.

A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.

Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.

SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.

He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.

The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.

There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.

by Shamindra Ferdinando

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Sajith calls on Opposition parties to rally around SJB

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Sajith

SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.

A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.

The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.

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Ex-EC Chief slams govt. over PC polls delay

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Deshapriya

Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.

Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.

Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.

“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.

Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.

He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.

The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.

He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.

Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.

He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.

According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.

“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.

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