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TNA accepts president’s overture, MP suggests party ready to talk federal
ECONOMYNEXT —Tamil National Alliance (TNA) will engage constructively in sincere attempts at resolving the ethnic issue, legislator M A Sumanthiran said responding to President Ranil Wickremesinghe’s overtures to the opposition, while also suggesting that the TNA was open to a federal solution.
“We will engage constructively in every sincere attempt as we have always done but will not allow any farcical process,” Sumanthiran tweeted Thursday November 24 afternoon.In a speech made in parliament the previous day, the Jaffna district MP said there can be no reconciliation by sweeping the truth under the carpet.
“It is only by the ascertainment of the truth that there can be true reconciliation,” he said.
“Your actions must be louder than words. All we have are words, words and words. As I speak, more lands are being acquired,” he added, highlighting an example that prompted a response from President Wickremesinghe that he would look into the matter.
Wickremesinghe on Wednesday re-extended an open invitation to opposition parties to a discussion on a permanent solution to Sri Lanka’s decades-long ethnic problem. Talks would begin after December 11, he said, with a view to agreeing on a solution by February 04 2023 when the island nation celebrates 75 years of independence from the British.
“We welcome the president’s initiative. He said everyone must agree on the solution. We want all the people of this country to be content and be satisfied and feel secure that this is their country,” said Sumanthiran.The MP said there is broad consensus already on the issue and that only a few things need to be ironed out.
“That can be done in a day’s sitting. You don’t require three months,” he said.
President Wickremesinghe agreed in his speech that there is nothing new left to talk about.If the president is looking at the South African example, said Sumanthiran, it must be noted that that country underwent a political transformation “before they could look at accountability issues”.
“That fundamental change must happen and must precede other measures,” he said.
Among the issues that Sri Lanka is confronted with with regard to reconciliation between communities is the matter of alleged human rights abuses, particularly during the final phase of the 26-year armed conflict. Missing persons, militarisation and alleged land grabs have also figured prominently in various international fora where Sri Lanka’s human rights record has come up for discussion.
“Of course you need to do many confidence-building exercises because there is a serious lack of trust because of the long history and what happened,” said Sumanthiran.
The MP said it is crucial that the core, root issues are settled first before considering issues of justice and accountability, which he said would provide the people a different outlook on resolving those issues.He also paid what has lately been a rare compliment to President Wickremesinghe from the TNA.
“We recognise that perhaps you are the only person in this House today — although you’re not a member of this house — who’s had the longest experience in this matter. You were part of the government negotiation team that negotiated with the TULF from the middle to the end of 1986, which ended with the Indo-Lanka accord, and the 13th amendment which we did not accept as a meaningful scheme of devolution,” he said.
The 13th amendment to Sri Lanka’s constitution emerged out of the controversial Indo-Lanka Accord of 1987 as a purported solution to the worsening ethnic conflict. Provincial councils came in the wake of this amendment, but land and police powers have yet to be devolved to the provinces as originally envisioned. Both Sinhalese and Tamil nationalists have opposed the 13th amendment, the former claiming it devolved too much, the latter complaining it didn’t devolve enough.
Wickremesinghe knows “everything that is to know about the resolution of this”, said Sumanthiran. He also acknowledged the All Party Representative Committee (APRC) appointed by former President Mahinda Rajapaksa.
“Though we did not participate in the APRC, that’s a good report. Many members in the front row today in the government were members of the cabinet in August 2000 when President Chandrika Bandaranaike Kumaratunga brought a constitution bill to parliament. The UNP at that time led by President Wickremesinghe opposed it only because of a transitional provision with regard to executive presidency, not because of the devolution arrangements in that,” he said.
The UNP government notoriously burnt the draft bill in parliament when the Kumaratunga government presented it. Analysts have revisited that event as a possible misstep in Sri Lanka’s path to a lasting peace, though others disagree.Sumanthiran said consensus is already there and all that is required is for decisions to be made.
“That is what has been entrusted to the president now,” he said.
The president’s call for a permanent resolution by the 75th Independence Day celebrations is a good ideal to work towards, but there isn’t much time, the MP warned.
“So we are willing to work with you constructively to achieve the objective you have enunciated. We’re willing to achieve the reasonable and legitimate aspirations of our people and indeed all the people that live in this country,” he said.In his speech, Sumanthiran was emphatic that his party does not wish to do anything behind the back of the majority.
“Everyone must feel secure. That is our desire as well. That the majority of this country must accept it.”
The MP then said that more than 40 percent of the world’s population live in federal countries. (There are 25 countries with a federal form of government).
“Those are the strongest countries in the world,” the MP claimed.
“You have others who are quasi federal, who sometimes call themselves unitary, like Great Britain, where the extent of devolution is far more than even in a federal form of government.
“We don’t ask for something that is not found anywhere in the world. We’re asking for something that is reasonable and is practised all around the globe. That will ensure that all our people will live with dignity and self respect in this country. We want the majority people to accept and understand that. You are, after all, a preponderant majority. No one can shift that. It was Prime Minister S W R D Bandaranaike who in 1926 introduced the idea of federalism to this country, not the Tamil leaders,” he said.Sumanthiran recalled that it was in fact the Kandyan chiefs who had asked for a federal form of government on two separate occasions in the early 20th century.
“So it can’t be bad for the Sinhala people, it was the Sinhala people who asked for it,” he said, noting that over time wrong messages have been communicated to the country.
“There are suspicions those must be allayed. We must resolve this in a just way, so that we can all can then stand up as the president envisages by Feb 04 2023 as the children of one mother,” Sumanthiran said.
Federalism has been a highly controversial and politically inflammable idea in Sri Lanka over the years, with many nationalist or even some moderate parties in the south vehemently opposing the very suggestion of it. It is unclear whether this stance has softened over the 13 years since the end of the war, but to date no Sinhalese-dominated party has come out in support for it.
Sri Lanka Podujana Peramuna (SLPP) MP Gevindu Kumaratunga who now sits in the opposition responding to Wickremesinghe’s invitation on Wednesday cautioned that they can only support a proposal that will honour Sri Lanka’s unitary character.
“If you’re asking for a consensus within a unitary Sri Lanka, we’ll agree. Outside of that, I don’t think a majority of people will agree. There is a ground reality here. Our soldiers laid down their lives to protect the unitary state,” said Kumaratunga.
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Move to extend judges’ retirement ages could damage Sri Lanka’s global image, warns Prof. Peiris
Former Foreign Minister Prof. G. L. Peiris yesterday warned that any move by the government to extend the retirement age of superior court judges could have serious repercussions for Sri Lanka’s international standing, particularly ahead of the next session of the UN Human Rights Council (UNHRC), in Geneva, in September.
Addressing a media briefing, organised by the People’s United Opposition, at its Flower Road, Colombo office, Prof. Peiris claimed that attempts to interfere with the judiciary, through extensions of judges’ terms, would undermine the credibility of Sri Lanka’s courts and weaken the country’s position before the international community.
Prof. Peiris said there was widespread opposition to the proposal to extend the superior court judges’ tenure by two years, with lawyers’ organisations, academics and civil society groups expressing concerns over the move.
“There is no clarity whatsoever from the government’s side,” Prof. Peiris said, claiming that unlike in other countries where such proposals were subjected to lengthy public consultations, there had been no transparency regarding the government’s intentions.
He argued that if such extensions were granted to judges, similar privileges would have to be considered for other sectors, including the public service, university academics and medical specialists.
Prof. Peiris said the issue had gained greater significance due to Sri Lanka’s engagement with the UNHRC, which he described as having established a special investigative mechanism relating to the country.
He alleged that the politicisation of the judiciary would provide further grounds for international criticism against Sri Lanka, which was already facing scrutiny over alleged human rights issues.
“The next session of the UN Human Rights Council will be held in Geneva, in September,” Prof. Peiris said. “This issue will not only affect our country internally, but will also cause serious damage to Sri Lanka internationally.”
He claimed that Sri Lanka had previously defended itself against international interventions by highlighting the independence and reputation of its judicial system.
Referring to the country’s legal history, Prof. Peiris said Sri Lanka had possessed a judiciary respected globally, citing former Supreme Court Judge Dr. Christopher Weeramantry’s tenure as Vice-President of the International Court of Justice in The Hague as an example of international recognition of Sri Lankan judicial expertise.
He said that during his tenure as Foreign Minister, he had maintained that Sri Lanka’s own courts were capable of addressing domestic issues and that foreign intervention was unnecessary.
Prof. Peiris also referred to discussions he had held with Russian Foreign Minister Sergei Lavrov and Chinese Foreign Minister Wang Yi, claiming that both had supported Sri Lanka’s position that external interference in domestic matters should not be permitted.
However, he alleged that the current situation was different, claiming that the judiciary was being politicised through selective extensions of service while vacancies remained in the Supreme Court and Court of Appeal.
He questioned why judicial vacancies had not been filled if the government’s stated objective was to reduce delays in the administration of justice.
“The responsibility of filling these vacancies lies with the executive,” he said, adding that the failure to do so could affect the international reputation of Sri Lanka’s judiciary.
Prof. Peiris also claimed that the Bar Association of Sri Lanka had repeatedly called for the vacancies to be filled, warning that the present developments could have an adverse impact on the country’s standing internationally.
He questioned whether it was justified to place Sri Lanka in a difficult international position to serve, what he described as, “a narrow and partisan political objective.”
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Dengue surge infects 76,000, claims about 53 lives
The total number of dengue cases reported in Sri Lanka so far this year has risen to 76,044, with health authorities warning the public to remain vigilant amid a continued surge in infections.
The National Dengue Control Unit (NDCU) said 2,652 dengue cases had been reported on Sunday (19) alone, while 162 Medical Officer of Health (MOH) divisions across the country continue to be classified as high-risk dengue zones.
The latest figures indicate a sharp rise in dengue infections during the past few months, with 8,590 cases recorded in May, followed by 21,537 cases in June. A further 20,666 cases have been reported during the first 19 days of July.
The dengue outbreak has claimed 53 lives so far this year, with the case fatality rate standing at 0.07%, according to the NDCU.
The Western Province remains the worst affected region, accounting for 40,009 cases, or 52.61% of the country’s total infections. The Southern Province has recorded 11,707 cases (15.40%), while the Central Province has reported 6,431 cases (8.46%).
At district level, Gampaha has recorded the highest number of dengue infections with 15,910 cases, followed closely by Colombo with 15,110 cases. Of the Colombo District cases, 3,073 were reported within the Colombo Municipal Council area.
Matara has recorded 5,330 cases, Kandy 5,111 cases and Kalutara 5,010 cases.
Health authorities have urged the public to take preventive measures by keeping their surroundings clean and eliminating mosquito breeding grounds, particularly amid prevailing rainy conditions.The public has also been advised to seek immediate medical attention if symptoms such as fever develop, as early medical intervention is essential in preventing severe complications from dengue.
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SC dismisses challenge to gender change procedures
The Supreme Court yesterday dismissed, without taking up for consideration, a Fundamental Rights petition seeking to invalidate a circular that permits individuals in Sri Lanka to change their gender legally .
The petition had been filed by retired Sri Lanka Air Force (SLAF) Warrant Officer Shantha Jayathilake, who challenged the legality of procedures allowing individuals to alter their gender designation following medical and psychiatric assessments.
Former Presidents Maithripala Sirisena and Ranil Wickremesinghe, as well as incumbent President Anura Kumara Dissanayake, were among those named as respondents in the petition.
The petitioner alleged that successive governments, including the present administration, had facilitated gender changes through medical procedures in a manner contrary to Sri Lankan law.
Jayathilake contended that the law did not permit a person to change their sex from male to female or female to male through medical intervention in the absence of a biological basis. He further argued that individuals had been allowed to alter their gender identity on the recommendation of a psychiatrist, under guidelines issued in 2016 by the then Director General of Health Services.
The petitioner also claimed that authorities had been issuing revised birth certificates and National Identity Cards to persons who had undergone gender-transition procedures, maintaining that such actions were unlawful.
However, the Supreme Court declined to entertain the application and dismissed the petition without granting leave to proceed.
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