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Priority need to focus on Controlling Serious Economic Crimes

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Open letter to President Gotabaya Rajapaksa

The Ministry of Defence has advertised five vacancies for the “Recruitment as Reserve Assistant Superintendents of Police to the Ministry of Defence, affiliated to the Sri Lanka Police, skilled professionals to become proud members of the Ministry of Defence, dedicated to the sovereignty, unity and territorial integrity of Sri Lanka as well as to public safety and to play a superior role for the nation. These recruits will function as Cyber and Forensic Analyst, Geo-Political and Strategic Analyst, Counter Terrorism and Violent Extremism Analyst, Economic Analyst and Statistical Analyst (the last two covering security perspectives regarding national security)”. Any justified decision to strengthen the knowledge and skills based professional capability of existing human resource of the state is a welcome move, so long as the recruits have in addition to the specified qualifications, requisite commitments to best practice professional standards, ethics, correct attitudes and values.

The caring civil society fervently hopes, in accord with your stated commitments in the manifesto and the several public pronouncements that followed your election as the President, that you, with the support of your Cabinet colleagues and the top officials of the executive, will similarly focus on the essential priority need to focus on controlling serious economic crimes, which can easily debilitate the financial integrity, fiscal and monetary stability and solvency of Sri Lanka; and if allowed unabated will destabilise the economy and prevent the realisation of the goals of splendour and prosperity.

The optimum operational environment to assure financial integrity minimizing serious economic crimes is by having effective laws, regulations, policies, systems, procedures, practices and controls, with efficient and effective independent oversight mechanisms, enforcements, investigations and prosecutions, followed by independent justice systems with penal sanctions and recovery of proceeds of crime. The critical drivers of such a system are independence, capability and professionalism of supporting human resources in the entire chain. It is however quite evident from many case studies that the systems controlling financial integrity of Sri Lanka fails to meet required standards of effectiveness, due mainly to the lack of competent and committed professionals in the chain engaged in independent oversight mechanisms, enforcements, investigations and prosecutions. Due to this incapacity the independent oversight control, enforcement, investigation, prosecution and punishment of offenders of money laundering, transfer pricing, securities offenses, bribery, corruption, financial fraud, organised crimes, drug trafficking, smuggling, and avoidance of taxes/ excise and customs duties are ineffective; and more importantly the recovery of proceeds of these crimes eventually fail and are thus unable to restore the state revenues leaked and state assets stolen or defrauded.

Civil society looks to you as the President, to take early action to strengthen the structures, systems, laws and regulations along with the capacity of the resource persons engaged in the independent oversight control and enforcement of mechanisms; and thereby minimise serious economic crimes system wide and facilitate successful recovery of proceeds of crime. In the above context it is suggested that you pursue the undernoted strategic action steps under your direct leadership supervision:

* Seek Cabinet approval to set up an Enforcement Directorate similar to that of India under the supervision of the Inspector General of Police, reporting to an Independent Public Commission made up of three members, comprising of a high integrity competent retired Appellate Court Judge, a retired Senior Officer of the Auditor General’s Department and a retired Senior Officer of the Central Bank.

* Enforcement Directorate to be entrusted with the mission of minimizing the identified serious economic crimes systems wide; enhancing oversight mechanism and controls system wide and where suspected that any such crimes having taken place professionally investigating and prosecuting, optimizing recovery of proceeds of crime

* Seek technical support in setting up the Enforcement Directorate from the Financial Integrity Unit of the World Bank and its affiliates Financial Action Task Force, UN Office on Drugs and Crime and the Stolen Asset Recovery Initiative with extended human resource training and development support from bi lateral supporting countries and other specialized agencies

* Recruit competent and highly professional staff for the Directorate, similar to the staff recruited to the Defence Ministry; and support them with requisite resources, knowledge, skills, systems, data bases, best practices and technical and investigation assistance linkages

* Enact essential legal and regulatory reforms, commencing with the early enactment of the Proceeds of Crime Act draft sent to the previous regime for cabinet endorsement

* Enhance the capability of the prosecutors of the Directorate to successfully prosecute serious economic crimes and judges to effectively support the judicial processes connected therewith

* Make it a compulsory requirement of all state remunerated persons to adopt the ethical standard to report to the Directorate any known or suspected non compliances with laws and regulations

Trust you and your advisory team will give due consideration to this submission

Chandra Jayaratne



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Opinion

Senator A. Ratnayake: An appreciation

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A. Ratnayake

It is with great pride that I write to commemorate the 47th death anniversary of a distinguished patriot of Sri Lanka, the late Senator A. Ratnayake – Cabinet Minister of Food and Cooperatives, Minister of Home Affairs in the post independent Ceylon (now Sri Lanka) and the last President of the Senate.

Son of P.B. Ratnayake, a stalwart of the Kandy Temperance Movement and Mrs Dingiri Amma Ratnayake. Educated at Dharmaraja College, Kandy and Royal College, Colombo, he entered Ceylon University College and obtained BA (London) degree. Thereafter Mr. Ratnayake started teaching at Ananda College and in 1924 was appointed by the late Anagarika Dharmapala as the Principal of Mahabodhi College. Subsequently he studied law and qualified as an Advocate in 1931. His first love, however, was politics. For 40 years he represented the Dumbara electorate in the first and second State Councils of Ceylon and Wattegama seat in the First Parliament of Ceylon in 1948.

It was Mr. Ratnayake as a member of the Special Committee on Education in the State Council, who introduced a motion that education should be free from Kindergarten to University for all. Though there were many obstacles, Mr. Ratnayake was instrumental in persuading the special committee to implement his proposals on Free Education for All.

In 1947 Mr. Ratnayake became the First Minister of Food and Cooperatives in the post independent Cabinet. He developed the Cooperative Movement which he advocated to be managed by the people. He inaugurated the Cooperative Federal Bank, which later became Peoples Bank, providing credit to rural folk who otherwise had to depend on money lenders.

Under Prime Minister Sir John Kotalawela, he was the Minister of Home Affairs. It was then that Mr. Ratnayake proposed to the government to commemorate 2,500 years of Buddha Parinibbana in 1952 a promise he made to his mentor, the late Anagarika Dharmapala. The translation of the Tripitaka to Sinhala, an encyclopedia on Buddhism in English and the restoration of the Dalada Maligawa were all carried out during his period as the Minister of Home Affairs.

It is imperative that the younger generation know the achievements of Mr Ratnayake, his determination to provide education for all from kindergarten to university which has benefitted generations of Sri Lankans and continues to do so today. In addition, his contributions to uplift religion, language and culture in the post independent era is worthy of recognition.

I have no doubt when the history of this period is written, the name of A Ratnayake will be written in golden letters as a true patriotic son Sri Lanka.

Maneesha Seneviratne
Attorney at Law

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Opinion

Mrs Hemamali Kanthi Jayasinghe

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Mrs. Hemamali Kanthi Jayasinghe known by all her friends and relations lovingly as ‘Bunchi’, left us on August 20, 2024, leaving an unfillable void for her husband Lal, daughter Chanika and grandchildren Isurika and Pavith. I know from Bunchi’s narratives related to me of their success stories in Australia. her grand- children Isurika and Pavith had a special place in her heart. This is natural, and as should be.

Bunchi was a rare individual who left a void in all groups whom she came across in life- both among her friends and relations. It was especially true for her sister-in-law and family, her aunts, cousins and their spouses. Bunchi and Lal were a couple who never abandoned their cousins in good times or bad. The two of them were all-weather relations. She had an open house for her friends and relations, and a sympathetic heart that inwardly motivated her to be helpful to others.

We live in Kelaniya. Over the last so many years, whenever there was a public warning about floods in Kelaniya, like a prayer, a call would come from Bunchi- ‘Aiya if there is any threat of floods, both of you, please come and stay with us’; usually this invitation is also repeated by Lal. About four months ago, when a flood warning was issued to all major river basins, Bunchi even though sick, gave us a call followed by Lal, and invited us to come over to Kadawatha. Although she was ill and weak, she did not forget to offer help to others.

Lal was the family doctor for all families of Bunchi’s cousins and aunts. When a call came for help, if it was found to be medically necessary to visit, Bunchi always accompanied Lal to their relations’ homes. Lal looked into the medical side, while Bunchi’s concern and ‘recuperative words’ provided psychological help to the sick. So, in most instances it was the doctor accompanied by his wife, who came to the patient instead of the patient going to the doctor. The service was totally free.

I still vividly remember this day in, I guess 1984, I was getting ready to go to USA on official duty. Our elder daughter complained of a severe stomach ache. I phoned Lal who examined her and said that there was some tenderness, but asked me to go as planned and that even if surgery was needed, he would arrange everything including showing our daughter to a surgeon and following up. Bunchi told me ‘we will look after everything – you just go’. This was one instance of help that Bunchi and Lal did for us. It was a great responsibility that they decided to shoulder to help a cousin. And I know that some other cousins or relations of Bunchi can also relate such magnanimous instances of offering help.

Bunchi and Lal were well known among friends and relations for giving dinners at their Kadawatha home. Their home was well- equipped for such occasions. Her mother Irene who was also living at Bunchi’s (Irene ‘nanda’ to us) also helped in bringing out culinary delights.

I am bringing the above entertainment story in order to highlight another deep- seated side to Bunchi and Lal that was perhaps only known to their close relations and cousins. At the ‘Mathaka Vastra pinkama’ this was well articulated by the two Nayaka Theros who conducted the religious ceremony at her funeral. Bunchi and Lal were both religious and Bunchi helped Lal to continue with all the traditional ‘Pinkamas’ that Lal’s parents had been conducting for so many years. Bunchi also started new ‘Pinkamas’. And in these merit acquiring activities they involved their daughter and grandchildren and nephew and niece from their young days to inculcate in them the importance of spiritual reinforcement in addition to practicing their vocations.

It was heartening to note that Chanika and Lal (despite being handicapped without Bunchi’s support) continued to participate in the’ Katina pinkama’ of the Bimbaramaya Temple, Kadawatha, by preparing some items for the ‘dana’ at the ‘Katina Pinkama’. I believe there were about 70 bhikkhus at the alms-giving.

When they were at home, Bunchi and Lal would do the morning and evening ‘Buddha Puja’ and other worship without a break. Lal now continues with the tradition by himself.

However, they were also open to the modern world and its necessities and responsibilities. They were a very cosmopolitan couple; they had close friends belonging to all religious denominations, both in Sri Lanka and abroad. They kept in close contact with them. What they accomplished over a substantial period of time through their diverse relationships and hospitality, was an important sociological need for Sri Lanka- that is to go forward in unity while being diverse. Lal also worked for many years for NHS in UK, and both of them were happy to receive friends and relations from Sri Lanka at their Lincoln home. They decided to return home to be with their aging parents.

Another positive aspect of Lal and Bunchi was the sincere, helpful, and long-standing- relationship they had with their domestic aides. The domestic-aides in turn were strongly loyal to Bunchi and Lal.

Throughout Bunchi’s some-what long illness, Lal and Chanika looked after Bunchi with love and tenderness.

Hemamali Kanthi Jayasinghe was the daughter of the late Dr. Gilbert Gajanayaka and the late Mrs. Irene Munasinghe Gajanyaka. She was the sister of the late Mr. Gamini Gajanayaka.

May Bunchi attain the Supreme Bliss of Nibbana.

Lakshman Wickramasinghe

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Opinion

Significance of Tamil vote in 2024 general election

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Apart from the resounding victory by the NPP, the most significant election outcome is the remarkable change in the voting pattern of the Tamils in the North, the East, and the Central province not to mention Colombo that brought defeat to most of the Tamil political stalwarts like Sithatharan, Sumanthiran, Palani Thigambaram, Mano Ganeshan et al. This is the first time that such a change has happened in a general election where usually the ethnic political parties hold sway over minority votes. It is of vital importance for everybody including Tamil politicians, the present government, international community, hegemonic powers, ultra-nationalists and separatists to understand and correctly interpret this change in the Tamil political fabric.

The decisive factor that was apparent in the pre-election period was the need for a change which manifested in a weaker form at the presidential election that brought in a new president with 42% of the national vote with the majority of Tamils voting against the NPP candidate. In less than two months the whole picture had changed and a majority of Tamils who did not vote for the NPP at the presidential election took the unprecedented step of going against their own ethnic parties and voted for the NPP. Although it appears to be a sudden change of attitude obviously such changes on such a wide scale cannot happen overnight. The need for a system change must have been slowly and steadily growing in the minds of Tamils over a period of time, like it had in the Sinhalese. The latter was obviously weary of suffering under the governments of the two major political parties since independence. The former however had hitherto been loyal to their ethnic parties who pursued divisive communal politics appealing to the ultra-nationalist sentiments of the Tamils. What was the reason for the Tamils to change in this manner?

Presidential election may have shown the Tamils that the Sinhalese had decided to bring about a radical change. This would have been the cue for them to come out into the open and demonstrate the change that has been slowly taking place in their minds. The change that appeared to have taken place in less than two months was probably catalyzed in this manner.

Tamils suffered during the thirty-year war. It is probable that the new generation of Tamils have realised the futility of war and confrontation and decided to chart a different course and deviate from the main sociopolitical stream from the time of independence though there were times of convergence and cooperation albeit of short duration. Independence and universal franchise have driven a wedge between Sinhala and Tamil leaders which was rather unfortunate for they were together in the struggle for Independence. Tamil politicians enjoyed parity of political power and suddenly they realized that their privileged position was in danger due to universal franchise which would make them a minority in the parliament. They could not reconcile with the fact that they were representatives of a minority community. What is most unfortunate is that they could not see the opportunities that were there for them to play a vital role in the development of the whole country. The mistake the Tamil leaders committed at that time was to abandon the opportunity that was available to jointly participate in the central government and contribute to the development of not only the Tamils but also the whole country and instead choose the narrow parochial path of communal politics. This blunder has continued to plague the country and even caused the birth of terrorism and a bloody war.

These historical mistakes must have dawned on the new generation of Tamils who, like the Sinhalese want a change in their lives which could come with economic development rather than ultra-nationalist dogma. Further they may have realized the fact that Tamil ultra-nationalism was flawed, unjust, parochial and does not belong in the modern world. Communal barriers have to be breached to achieve connectivity, interaction and networking which are capable of opening new vistas in the modern electronic era. All communities who have made Sri Lanka their home must unite and develop their country. The absence of this unity may have been one of the reasons for the country to lag behind in economic development and finally end up being bankrupt which would have affected all communities alike. In this regard the Tamils have taken the first step and it is now up to the other communities to suitably respond.

The government must know that the Tamils have significantly contributed to their massive victory. The government must understand what these Tamils who have rejected their own political parties and leaders want. They, too, like the Sinhalese are affected by economic mismanagement and poverty. Their problems are same as those of the Sinhalese majority. All communities are in the same boat. Tamils have realised this truth and would want urgent attention to their immediate needs. Their nutrition, health and education should receive immediate and sufficient attention. Tamils have abandoned their own parties and embraced the governing party expecting urgent redress to their burning problems.

There is a lesson for the international community as well, especially for the imperialist western powers. The latter had made use of the lack of unity among the communities to destabilise the country in pursuance of their geo-political ambitions in the Indian Ocean region. The LTTE was a tool in their hands, and after the demise of its leader, other separatists moved in to fill the vacuum. The western powers must realise the futility of such policies in view of the radical changes taking place within the mind-set of the Tamils. Tamils may no longer see the Sinhalese as their oppressors and the Sinhalese may not harbour the fear that Tamils are demanding a separate country.

It is hoped that the time may come when the Tamils realise that the whole country belongs to all communities and it is their duty to participate in the development of the whole and not just the North and parts of the East. True Tamil national leaders may emerge who would want to share power at the centre rather than at the periphery and contribute to the governing of the whole country. It is hoped that this is the end of divisive communal politics and the beginning of a new era of unity and prosperity.

N. A. de S. Amaratunga

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