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Midweek Review

20 A: Govt. takes a step back…

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Justice Minister Ali Sabry, PC, receiving his letter of appointment from President Gotabaya Rajapaksa.

 

By Shamindra Ferdinando

Samagi Jana Balavegaya (SJB) National List nominee, Attorney-at-law Shiral Lakthilaka, teamed up with the editor of Anidda, Attorney-at-law K.W. Janaranjana, on August 9, 2020, on Derana ‘Aluth Parlimenthuwa’ to target the proposed 20th Amendment to the Constitution. They took on former President of the Sri Lanka Bar Association (BASL) U.R. de Silva PC, and Attorney-law-Kanishka Vitharana.

The writer participated in the live two-hour discussion, anchored by Attorney-at-law Sanka Amarjith. The programme dealt with 19th and 20th Amendments.

During the debate, both De Silva and Vitharana acknowledged the need to amend the proposed draft 20th Amendment. The former President of the BASL revealed that Justice Minister Ali Sabry PC accepted the need to retain Article 53 of the Constitution which required Ministers to take an oath against separatism. De Silva said so in response to the writer seeking an explanation why such a dangerous lapse was allowed to slip through by the SLPP (Sri Lanka Podujana Peramuna).

The writer pointed out even the treacherous yahapalana administration, that betrayed the war-winning armed forces, in Geneva, in Oct 2015, didn’t let through something so obvious.

The National Joint Committee (NJC), in a statement issued on Sept. 6, 2020, raised the issue in respect of Article 53 of the Constitution. The NJC said: “We are astonished at the decision of the Government to amend Article 53 of the Constitution which mandatorily requires Ministers to take the oath against supporting and promoting a separate state, (i.e. the 7th Schedule introduced by the sixth amendment) and by restricting it to the original oath prescribed in the fourth schedule. Article 61D of the proposed amendment; too, require the public officers to take the fourth schedule oath that existed in the original Constitution and not the oath prescribed in the seventh schedule introduced by the sixth amendment.”

The NJC also emphasized the urgent need to repeal the 13th and 16th Amendments. The Sept. 6 statement was the second issued by the NJC, on the same matter.

The writer, on Sept, 10, 2020, raised serious concerns expressed by the National Joint Committee (NJC), Federation of National Organizations (FNO) and Manohara de Silva, PC, at the post-cabinet media briefing, at the Government Information Department. The media received an assurance from Co-cabinet spokesperson and Pivithuru Hela Urumaya (PHU) Leader Udaya Gammanpila that the government would definitely look into concerns expressed by nationalist groups and Sri Lanka’s Ambassador in Myanmar Prof. Nanlin de Silva.

Cabinet spokesperson Keheliya Rambukwella and other co-cabinet spokesperson Dr. Ramesh Pathirana did not comment on the matter. Prof. De Silva strongly criticized some sections of the 20th Amendment. The academic, in a statement sent to The Island, alleged that the media didn’t provide sufficient coverage to his concerns.

 

SJB et al exploit 20 A

The continuing controversy over the 20th Amendment drastically changed the political situation. Unexpected opposition from even those who campaigned against the yahapalana administration, throughout its rule, really unsettled the SLPP. The badly depleted Opposition received a tremendous boost, by way of the 20th Amendment, replete with obvious flaws. The main Opposition SJB swiftly exploited the situation to its advantage.

Lakthilaka, who had been an advisor to the then President Maithripala Sirisena, before switching allegiance to the SJB, expertly demolished the draft 20th Amendment. The prominent civil society activist, however, repeatedly emphasized that he solidly stood for the presidential system of governance though he strongly disliked, what he termed, President Gotabaya Rajapaksa’s move to secure dictatorial powers for himself, at the expense of the Parliament.

The writer asked those who backed the 19th Amendment whether the public demanded an elected President, deprived of the right to hold a defence portfolio? Having pointed out that the draft 20th Amendment accommodated some key features in the 19th Amendment, such as five-year terms for both the President and Parliament and two-term limit for a person to hold presidency, the writer reiterated concerns expressed by those who backed Gotabaya Rajapaksa and the SLPP at the Nov. 2019 presidential and Aug 2020 general election, respectively.

Dr. Gunadasa Amarasekera, on behalf of the FNO, on Sept. 09, 2020, requested President Gotabaya Rajapaksa to review the proposed 20th Amendment to the Constitution. Dr. Amarasekera requested the President not to abolish Article 53 of the Constitution and raised matters related to the formulation of a new Constitution.

The FNO asked the SLPP government to establish a mechanism to (1) accept public proposals as regards a new Constitution (11) suspend Provincial Council polls until the enactment of the new Constitution and (111) far reaching alterations to the proposed 20th Amendment approved by the Attorney General before the Government Printer issued the relevant gazette.

The FNO also called for rectification of technical and wrongful policy decisions, in addition to members of the cabinet given an opportunity to provide comments, in writing. Having rectified mistakes, the government would have to amend the draft 20th Amendment and re-gazette it, Dr. Amarasekera told the writer.

The civil society group emphasized that it would be a mistake to bring in amendments at the committee stage as it could create a situation, similar to that of the passage of the 19th Amendment.

The FNO also requested the following provisions altered: (1) do away with the proposal in the 20th Amendment to reduce the number of days from 14 to seven available for the public in respect of enactment of urgent bills (ii) abolish provisions relating to the enactment of urgent bills as successive administrations abused them (iii) rescind the proposal to amend Article 53 of the Constitution which required members of Parliament to take an oath against supporting and promoting a separate State (iv) remove proposal to allow dual citizens to enter Parliament. In addition, it urged the government to extend that law to cover the Governor of the Central Bank, Attorney General, IGP, Auditor General, Service Commanders, Judges of the Supreme Court, and Secretaries to Ministries and (v) abolish the move to do away with the National Audit Commission and also to ensure that no state institution is exempted from audits.

The FNO appreciated the SLPP decision to retain the two-term limits on presidency as well as the five-year terms for both the President and the Parliament.

 

BASL, PM step in

Interventions made by nationalist organizations didn’t receive sufficient coverage in both the print and electronic media. Some sections of the media conveniently refrained from reporting their concerns.

Amidst growing opposition to the much touted 20A, because of its glaring flaws, the BASL, on Sept. 11, 2020, appointed a special 14-member committee, headed by Nihal Jayamanne PC, to inquire into the 20th Amendment. Secretary to the BASL, Rajeev Amarasuriya, in a statement, explained that the Jayamanne committee would also address law’s delays and other related matters undermining the administration of justice. The committee also comprises Ikram Mohamed PC, M.M. Zuhair PC, L.M.K. Arulanandam PC, Prasantha Lal de Alwis PC, Nihal Jayawardene PC, Nalin Ladduwahetty PC, Maithri Wickramasinghe PC, Uditha Egalahewa PC, Anura Medagoda PC, Mohan Weerakoon PC, S.T. Jayanaga PC, Priyal Wijayaweera PC, and Maurapada Gunawansha,PC. Ravi Algama and Shantha Jayawardena are its convenors.

Among the group, M.M. Zuhair is the only former Member of Parliament. Zuhair represented the People’s Alliance (PA) as a National List member, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. It wouldn’t be too hard to reach a consensus on required amendments to the proposed 20th Amendment.

The current political leadership, the Opposition and the BASL, should take into consideration concerns raised not only by nationalist groups but those who backed the enactment of the 19th Amendment to the Constitution, in early 2015. Having made the UNP project to dilute powers of the President, by way of the 19th Amendment, a reality, SLFP leader Maithripala Sirisena, as a candidate at the 2020 general election, campaigned for the abolition of the same.

Let us hope that the Executive Committee of the BASL and the Bar Council act on recommendations made by Jayamanne’s committee. The BASL announcement made it clear that the 20th Amendment is a flawed document, though the Attorney General cleared it, in terms of the Constitution. The AG asserted that the 20th Amendment could be adopted by a two-thirds majority in Parliament, sans a referendum.

Regardless of that, in addition to the Opposition, and some sections of the civil society, the government, too, realized the rapidly developing crisis, caused by the draft 20th Amendment.

Despite having secured a historic near two-third majority last month, the SLPP self-inflicted a major injury by way of the draft 20th Amendment. Premier Mahinda Rajapaksa’s decision to name a nine-member group, consisting of SLPP lawmakers,to examine the draft 20th Amendment, is also evidence that in its current form the draft is a flawed document. The Premier’s Office made the announcement on Sept. 12.

The Premier’s team comprises SLPP Chairman and Education Minister Prof. G.L. Peiris, Justice Minister Ali Sabry PC, PHU leader and Energy Minister and Attorney-at-law Udaya Gammanpila, Labour Minister and Attorney-at-law Nimal Siripala de Silva, Jathika Nidahas Peramuna leader and Industry and Commerce Minister Wimal Weerawansa, Education Reforms, Promotion of Open Universities and Distance Learning State Minister and Attorney-at-law Susil Premajayantha, State Media Minister Sathasivam Viyalendran, MP Dilan Perera and MP and Attorney-at-law Premanath C. Dolawatte.

Nimal Siripala de Silva represents the SLFP whereas the appointment of Viyalendran, a former Tamil National Alliance lawmaker, is significant.

Premier Rajapaksa called for the report by Sept 15, according to his office. However, Minister Weerawansa, on Saturday (12), said that examination led to the SLPP paying a huge price for not being tactful in handling the 20th Amendment. However, the SLPP’s readiness to address the concerns, raised by various parties, should be appreciated and recognized as a positive development to openly accept shortcomings, when pointed out.

 

Prez Gotabaya’s response

President Gotabaya Rajapaksa, on Friday (11), assured Manohara de Silva, PC, and SLPP National List member Gevindu Cumaratunga, of his readiness to submit a fresh draft by rescinding the controversial current draft of the 20th Amendment. The President’s Counsel, and the MP, met the President, on behalf of the National Joint Committee (NJC) and civil society group Yuthukama. The assurance was given in the wake of Prime Minister Mahinda Rajapaksa, too, assuring SLPP coalition partners a new draft would be presented in Parliament. The Premier’s move was revealed by Minister Wimal Weerawansa, at a public rally he addressed, at Avissawella, a on Saturday (12).

The government responded quite wisely by deciding to withdraw the draft 20th Amendment, amidst the Opposition, and those opposed to the SLPP, exploiting the situation to their advantage. The SLPP struggled to cope up with the Opposition attacks as well as criticism directed by several civil society groups.

Polls monitoring group PAFFREL (People’s Action for Free and Fair Elections) warned the SLPP that though the coalition secured a nearly two-thirds majority, at the recently concluded general election, it was not empowered to introduce whatever it desired. In a strongly worded statement, issued on Sept. 13, PAFFREL’s Executive Director Rohana Hettiarachchi pointed out that the electorate twice endorsed the SLPP’s move to abolish the 19th Amendment. However, the SLPP shouldn’t abuse the people’s mandate to introduce an Amendment merely to suit its agenda, regardless of hostile public sentiment. While recollecting how only UPFA lawmaker Rear Admiral (retd.) Sarath Weerasekera voted against the 19th Amendment in 2015, Hettiarachchi urged members of the 9th Parliament not to do anything they would regret later.

Transparency International Sri Lanka (TISL), too, expressed serious concern over the proposed 20th Amendment when its Executive Director Asoka Obeyesekere recently explained how the proposed law could undermine the monitoring of public spending, Commission to Investigate Allegations of Bribery or Corruption (CIABOC), curtailment of the Election Commission’s powers and operation of RTI (Right to Information) Law.

Obeysekere didn’t mince his words, at a recent media conference at the TISL office, where he declared: “The proposed 20th Amendment also removes the Audit Service Commission and National Procurement Commission, key institutions intended to act as a check on public spending. By removing any mention of the Audit Service Commission, the proposed 20th Amendment effectively renders the National Audit Act obsolete. The National Audit Act provides the Audit Service Commission with considerable powers, including the ability to impose surcharges on public officials, who cause losses to the state. The removal of the Audit Service Commission will invalidate this essential power.

Despite the mandate of the National Procurement Commission not being fully operationalized, the existence of the institution is nonetheless important to ensuring a transparent and accountable procurement structure. Public procurement is a high-risk area for corruption. Whilst recognizing the importance of the President’s own commitment as clearly enunciated in his manifesto to eradicate corruption and promote efficiency, we call on the government to recognize the importance of the institution of an independent procurement commission to realize this commitment.”

The TISL refrained from commenting on other contentious matters, such as the proposed setting up of a five-member Parliamentary Council in place of the highly flawed 10-member Constitutional Council, abolishing limit on the number of cabinet and non-cabinet ministers, doing away with the prohibition on dual citizens to contest parliamentary election, denying the citizens right to file fundamental rights cases against the President, naming the Attorney General as the respondent. Many an eyebrow was raised when the age limit of those seeking the Office of the President were lowered to 30. Some of the provisions in the 20th Amendment disappointed the public. In fact, the proposed 20th Amendment diminished the importance of restoring the President’s right to hold a defence portfolio by resorting to a despicable political agenda. The SLPP could have easily avoided the embarrassing situation if the proposed amendment was at least discussed among members of the cabinet, as well as the parliamentary group. There hadn’t been a genuine effort, within the SLPP, to reach a consensus on the vital amendment. In fact, the SLPP could have easily discussed the matter informally with the parliamentary opposition. The consensus with the Opposition could have been reached, especially against the backdrop of the SLPP retaining three key provisions in the 19th Amendment, namely restriction of the number of presidential terms to two and five-year tenure for the term of the President and the Parliament.

The crisis over the 20th Amendment should be examined also taking into consideration the SLPP MP-elect for the Ratnapura District, Premalal Jayasekera, taking oaths as a Parliamentarian, on Sept, 8, 2020, subsequent to the Court of Appeal taking a stand, contrary to that of the Attorney General. State Minister Sanath Nishantha’s brother Jagath Samantha caused media furore by destroying a part of Ramsar wetlands at Anavilundawa. Former Chairman of Arachchikattuwa Pradeshiya Sabha Jagath Samantha is alleged to have got part of the sanctuary bulldozed to establish a shrimp cultivation centre. This was revealed by a ministerial committee that inquired into destruction of the wetlands. Wildlife and Forest Conservation Minister C.B. Ratnayake, and some of his officials, recently struggled before the media. State Minister Nishantha, having admitted to President Gotabaya Rajapaksa, when inquired from him about the Anavilundawa incident, however denied responsibility. The State Minister refrained from mentioning his brother being wanted by the police in that regard. The destruction of a part of a historical building, allegedly at the behest of the Kurunegala Mayor Thushara Sampath, also did immense damage to the SLPP, regardless of action taken by the government to save face.

The SLPP needs to review its strategies or prepare to face the consequences. What is really praiseworthy about the line up behind this government are the brave faces among its frontline partners who are willing to call a spade a spade to correct things in the bud as is proved by their willingness to speak out to correct those at the helm for the good of the nation, where necessary, as in the case of 20A, or rape of the environment.

 

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‘Elina wanted Premadasa to succeed JRJ’: correction

 

 

In last week’s Midweek article, titled ‘Elina wanted Premadasa to succeed JRJ’, on the Sept. 09 edition of The Island, the writer inadvertently identified Lilani de Silva as an aide to Elina Jayewardene. Lilani is a neighbour of the Jayewardenes. The relevant section should read as: ‘Elina Jayewardene’ is based on interviews with several persons, including Pradeep Jayewardene, Rukshan Amal Jayewardene (the second grandchild JRJ and Elina), Charmaine Mendis, first wife of late Ravi Jayewardene (their only son), close relatives, Professor Asvini Fernando and Lakshmi Suneetha Subasinghe. The author also interviewed Dr. Sathis Jayasinghe and Nalini Mapitigama. In addition to them, the author talked to several female aides, who had been with EJ until the very end. Among them were Galahitiyage Lilawathie and Hettiarachchige Magilin and the Jayewardene’s immediate neighbour, Lilani de Silva. The Jayewardenes’ third grandson Amrik, hadn’t been so excited about the brief biography about their late grandmother, and the author did not get an opportunity to speak with him. The author also quoted from the work of the late senior government servant, Amara Hewamadduma. The error is regretted.

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Midweek Review

Pursuing political agendas at the expense of national security

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By Shamindra Ferdinando

Yahapalana President Maithripala Sirisena recently contradicted former Defence Secretary Hemasiri Fernando as regards the latter’s statements before the Presidential Commission of Inquiry (P CoI) probing 2019 April 21 Easter Sunday attacks.

It was, in fact, Sirisena who appointed the P CoI several weeks before the end of his term.

Without realising the possibility of being pulled up for contempt of the PCoI, in a statement issued on Sept 19, the Sri Lanka Podujana Peramuna (SLPP) Polonnaruwa District lawmaker, who is also the leader of the Sri Lanka Freedom Party (SLFP) rejected Fernando’s damning accusations, pertaining to the former President’s culpability as regards his government’s failure to thwart the deadly attacks.

There had never been an instance of a former President having to contradict a Defence Secretary, he himself appointed.

Fernando, who had been President Sirisena’s Chief of Staff squarely, faulted the President for lapses, as well as a brazen bid to cover up the humiliating failure to prevent nearly simultaneous suicide attacks.

Referring to a meeting, he had with President Sirisena on April 24, 2019, Fernando alleged that the President attempted to bribe disgraced IGP Pujitha Jayasundara.

During Sirisena’s tenure, as the President, he appointed no less than five Secretaries to the Ministry of Defence. That too must be a record for any Sri Lankan President. Hemasiri Fernando had been the fourth to serve as Secretary Defence during the disastrous yahapalana rule, followed by retired Army Commander Shantha Kottegoda, who received the appointment in the wake of the Easter Sunday attacks. It would be pertinent to mention that President Sirisena held the defence portfolio by special arrangement, though his successor was to be deprived of the privilege in terms of the 19th Amendment to the Constitution.

Having won the 2015 January 8 presidential election, Sirisena named one-time environment and renewable energy Secretary B.M.U.D. Basnayake as Secretary to the Ministry of Defence (11.01.2015-08.09.2015). Subsequently, Karunasena Hettiarachchi (09.09.2015-05.07.2015), Kapila Waidyaratne (06.07.2017-30.10.2018), Hemasiri Fernando (30.10.2018-25.04.2019) and Gen. Shantha Kottegoda (24.04.2019-19-11.2019) received appointment as the Secretary to the Ministry of Defence, amidst the massive turmoil caused by the Easter carnage.

 

Ex-top cop replaces ‘intel’ veteran

The yahapalana leaders also appointed a retired DIG as the Chief of National Intelligence (CNI) – a special post created by President Mahinda Rajapaksa, in late 2006, on the advice of the then Defence Secretary, Gotabaya Rajapaksa, to oversee all intelligence services, including the SIS (State Intelligence Service).

The Rajapaksas created the post of CNI, by way of a cabinet paper, especially for Maj. Gen. Kapila Hendavitharana, in the wake of his retirement. Hendavitharana, who had been deeply involved in clandestine operations against terrorists, knew what was going on in the war zone, elimination of high profile LTTE targets, or overall attempts to intercept LTTE arms shipments on the high seas et al. Even after the successful conclusion of the war, in May 2009, the CNI continued to play a significant role in the previous Rajapaksa government’s security strategy.

An operation, involving the Office of the CNI, and the Navy, to seize an LTTE ship, anchored in a foreign harbour, as well as apprehending Prabhakaran’s successor Kumaran Pathmanathan, alias ‘KP’, in Malaysia, and whisking him back to Colombo, under a web of secrecy, were some of the notable operations undertaken by them.

The yahapalana lot came to power determined to dismantle the security apparatus. The Office of CNI was handed over to the retired DIG Sisira Mendis, an experienced investigator, though he lacked experience in running such a high profile operation. On top of that, the yahapalana administration, on its own, worked overtime to undermine the intelligence services. Even the new CNI lacked swift access to political leadership.

The yahapalana administration was bent on destroying the intelligence outfits. Selected officers were used in the yahapalana administration, much to the dismay of the armed forces. Senior security forces officers were harassed. Among those who had been targeted was the then Commodore D.K.P. Dassanayake, who was recalled from overseas where he was taking part in a US-sponsored programme.

The SIS was brought under SSP Nilantha Jayawardena, in the first week of March 2015. The appointment was made by the then IGP N.K. Illangakoon, obviously on the instructions of the yahapalana grandees. Two years later, the National Police Commission cleared Jayawardena to hold the rank of DIG. The SIS Chief received the promotion, just a couple of weeks before the Easter Sunday carnage. In spite of him being implicated in the overall intelligence failure, rightly or wrongly, it did not prevent the Sri Lanka Podujana Peramuna (SLPP) government in having Jayawardena as Senior DIG, in charge of the Eastern Range – a hot bed of Muslim extremism.

 

Geneva betrayal

The Defence Ministry, during Sirisena’s tenure as the President, simply turned a blind eye to what was going on with the political leadership, working overtime to haul up the war-winning Sri Lankan military before the Geneva-based Human Rights Council. The Geneva betrayal was far worse than the intelligence failure that allowed the National Thowheed Jamaat (NTJ) to mount a coordinated terror campaign, in April 2019. The Defence Ministry conveniently refrained from representing the interests of the armed forces and the police. Instead, the Defence Ministry provided the backing required for the political leadership to proceed, with a despicable operation that finally led to President Sirisena’s government co-sponsoring an accountability resolution against one’s own country. In spite of President Sirisena, publicly blaming it on the UNP, on numerous occasions, he did nothing to reverse the Geneva process. The government failure to thwart the Easter Sunday attacks shouldn’t be examined in isolation. Instead, the Easter Sunday catastrophe should be studied as part of a comprehensive study on the Yahapalana government’s defence policy/strategy.

Perhaps, the P CoI should scrutinize the overall security failure to recognize what really went wrong on April 21, 2019. Having won the presidential election in January 2015, the UNP, in spite of not having 50 members in parliament, received the premiership. The badly shaken UPFA handed over parliamentary control to the UNP, while President Sirisena took over the SLFP.

The stage was set for the first mega Treasury bond scam, in late Feb 2015, after the dissolution of parliament, in late June 2015, and the general election, two months later. The June 2015 dissolution was meant to save the UNP from a massive embarrassment, in case the parliamentary watchdog committee, COPE, handed over its report on the first Treasury bond scam to parliament. President Sirisena delivered a stunning blow to his own party by declaring that Mahinda Rajapaksa wouldn’t be appointed the Premier, even if they won the 2015 August general election.

The President’s contemptible announcement, almost on the eve of the election, obviously even discouraged some UPFA supporters from casting their vote. The President’s bid was meant to give the UNP an advantage over his own party. The treacherous move could be only compared with Sirisena switching allegiance to UNP leader Ranil Wickremesinghe, in Dec 2014, to bring an end to the Rajapaksa era.

Having won the general election, with rival leader Sirisena’s support, the UNP formed a coalition that betrayed the armed forces, in Geneva, a few weeks later, with the President conveniently looking the other way. The UNP-SLFP coalition should take the responsibility for the Geneva betrayal, though the SLFP always denied having a hand in it. Those who masterminded the Easter Sunday massacre must have taken the political situation into consideration in planning the terror project.

 

A role for the late Mano

The UNP-SLFP coalition created a special post for overseeing the Geneva operation. The late Mano Tittawella, in his capacity as the Secretary General of the Secretariat for Coordinating Reconciliation Mechanisms (SCRM), instructed Sri Lanka’s Permanent Representative in Geneva, A. L. A. Azeez, in March 2019, to accept resolution 40/1 on behalf of the government of Sri Lanka.

Tittawella received his appointment, on March 29, 2016, around the time the UNP perpetrated the second and much bigger Treasury bond scam.

The UNP-UPFA coalition established the SCRM, under the Prime Minister’s Office in terms of a Cabinet decision, dated Dec 18, 2015.

The Secretary General reported directly to Prime Minister Ranil Wickremesinghe.

Knowing Tittawella was carrying out Wickremesinghe’s directives, the President lambasted him publicly, but never challenged Wickremesinghe’s authority, granted by way of a cabinet decision. Addressing a public gathering at Meegahatenna, in late March 2019, President Sirisena accused Azeez of having betrayed the country and its armed forces.

The Oct 01, 2015 resolution had been endorsed by Ambassador Azeez’s predecessor, Ravinatha Aryasinha (our next Ambassador to Washington). Azeez took over the Geneva mission, in April 2018. Aryasinha signed the March 2017 resolution, which gave Sri Lanka two more years to fulfill its Geneva commitments.

Mangala Samaraweera functioned as the Foreign Minister (January 2015 to May 2017), followed by Ravi Karunanayake (May 2017 to August 2017), Tilak Marapana PC (Aug 2017 to Oct 2018), Dr. Sarath Amunugama (Oct 2018 to Dec 2018) and Minister Marapana took over again before the change of government, in Nov 2019.

Both Defence and Foreign Ministries actively contributed to the campaign against the war-winning armed forces. By the time NTJ mounted its deadly operations, the State security apparatus was in chaos. In late January 2019, Defence Secretary Fernando caused quite a controversy when he called for Tamil Diaspora to cooperate with government investigations into alleged war crimes, as well as other high profile cases, such as the disappearance of 11 Tamils, blamed on the Navy. Fernando, an old boy of Nalanda College, called for Tamil Diaspora support at an event organized by the Nalanda College Ranaviru Society to felicitate him. Thereby, the former Volunteer Navy officer reiterated the Sirisena-Wickremesinghe government policy as regards the post-war accountability issues though, by then, the yahapalana arrangement was in tatters.

 

A Defence Secy. before LLRC

Hemasiri Fernando’s accusations, directed at former President Sirisena, reminded the writer of one of Fernando’s predecessors, Austin Fernando, appearing before the Lessons Learnt and Reconciliation Commission (LLRC), in August 2010. One time top civil servant, Austin Fernando, acknowledged that there hadn’t been proper consultations between the government and the military before the finalization of Oslo-arranged Ceasefire Agreement (CFA). Testifying before LLRC, headed by one-time Attorney General C.R. de Silva, Austin Fernando claimed in spite of him being the Secretary Ministry of Defence he didn’t enjoy the authority to intervene, though the CFA dealt with national security matters. Fernando also denied having a hand in preparing the CFA. Fernando took up the position that, in spite of serious concerns expressed by the top brass, the UNF government of Premier Ranil Wickremesinghe went ahead with the Norwegian hatched project regardless of the consequences.

The writer covered the LLRC throughout its sittings at the Kadirgamar Institute. At one point when Fernando claimed that he hadn’t been involved in drafting the CFA, LLRC Chairman shot back “no Sri Lankan was involved in the process.” Austin Fernando also blamed the Norwegians and the Sri Lanka Monitoring Mission (SLMM) for failing to implement the CFA properly (Lessons Learnt and Reconciliation Commission: Now ex-Defence Secy slams CFA – The Island, August 19, 2010).

The UNP proceeded with the CFA agreement, at the expense of national security, and jeopardising the country’s fate. The government bent backwards to appease the LTTE, following the signing of the CFA. The government, on March 31, 2002, closed down ‘Wanni Sevaya’ which was in operation for the benefit of the armed forces and the police, while allowing the LTTE to import state-of-the-art equipment to expand its radio.

When Security Forces Commander, Jaffna Maj. Gen. Sarath Fonseka strongly opposed the reduction of high security zones in the north, without the required security guarantees, from the LTTE, the government engaged a retired Indian General to review the ground situation in the Jaffna peninsula. The government move drew widespread condemnation though Wickremesinghe blindly pushed ahead with it, believing the self-appointed international community.

 

Merril G on security fiasco

The UNP took national security lightly. The party played politics with vital security issues. The handling of matters, related to the CFA et al, was quite knowledgeably discussed by retired Senior DIG Merril Gunaratne, who had also functioned as the Director General of Intelligence during his long police career. Gunaratne’s ‘COP IN THE CROSSFIRE’ first launched in 2011, expertly dealt with the perilous way the UNP handled national security matters. The Chapter titled ‘On the Ministry of Defence with Prime Minister Ranil Wickremesinghe’ described the Premier’s response to security matters. Gunaratne should send a copy of ‘COP IN THE CROSSFIRE’ to the P CoI. Perusing Gunaratne’s work would certainly help those interested in knowing the truth or understanding the ground situation at the time of the Easter Sunday attacks, as well as the UNP thinking. The writer focused on the Premier and the Secretary Defence.

The Sirisena-Wickremesinghe government refused to take action against extremist Muslim groups for political reasons, between the 2015 and 2019 period, leading to the massive Easter Sunday attacks.

Similarly, Wickremesinghe, at the onset of the CFA, declined to act on information provided by his own intelligence services. Gunaratne explained how the Premier dismissed their assessment as regards the rapid LTTE build-up on the basis of what the Indian Intelligence told him. Gunaratne quoted Wickremesinghe as having told a special security meeting; “even the Indians think the numbers were highly exaggerated.”

Gunaratne criticized Wickremesinghe over leaking of intelligence reports by way of a weekly column in the ‘Sunday Observer’ as well as opening up regular sensitive intelligence meetings, to a foreigner, at the expense of national security. The situation during the periods 2002 to 2003 (UNF) and 2015 to 2019 (yahapalana) administrations, can be easily compared. During the Oslo-run CFA, the UNP was seriously scared of the LTTE quitting the negotiating table. Wickremesinghe believed the success of his political future depended on having the LTTE at the negotiating table, at any cost. The UNP felt comfortable even after the LTTE forced the Illankai Tamil Arasu Kadchi-led Tamil National Alliance to recognize them as the sole representative of Tamils. Although the TULF later pulled out of the coalition, it remained loyal to the LTTE until the group’s annihilation militarily on the Vanni east front.

 

Athaulla’s warning

During the yahapalana fiasco, the UNP, and even President Sirisena, didn’t want to do anything to ruffle the feathers of Muslim political parties, as well as those outside parliament, but wielded immense power. National Congress leader A.L.M. Athaulla’s somewhat controversial assertion that those who had a hand in engineering Mahinda Rajapaksa’s defeat, at the 2015 presidential, were also responsible for the Easter Sunday attacks, should be carefully examined. Western powers are alleged to have pushed for Rajapaksa’s ouster, in 2015, as part of their efforts to counter the growing Chinese influence in Colombo. Addressing the media last Sunday, lawmaker Athaulla explained how violence, directed at the Muslim community, in June 2014, transformed the Muslim community into an anti-Rajapaksa movement. Perhaps, the post-Easter Sunday situation should be examined, taking into consideration the ‘Mission Impossible’ type internal and external engineering, by hidden forces, that may have contributed to an explosive situation – causing unprecedented chaos, a decade after the conclusion of the war.

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Midweek Review

Which MBA?

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Some pointers to consider in selecting an MBA

It is but natural that when there is a glut in the market, that is, when supply of a commodity is much in excess of the demand, the customer will, obviously, have a wider choice to select. At the same time, he will be bemused in the choice of a quality product from the rest. This phenomenon has become true in the case of selecting an MBA course, by young graduates, as…

i. they will not be that clear as to why they do an MBA, as they continue to possess the basic-degree mentality, and / or

ii. they will not know the objectives of doing an MBA, and what qualities a good MBA should have, and, therefore,

iii. they will face a daunting challenge in selecting an MBA that will…

(a) suit their aspirations, and

(b) bring about the desired skills, competencies, attitudinal and behavioural changes in them.

 

By K. A. I. Kalyanaratne
Consultant-Publications
The Postgraduate Institute of Management

 

An MBA is an extremely popular Master’s degree programme locally as well, which has a high demand in the country. The attraction to do an MBA comes from two factors, namely:

(a) job limitations for those possessing only a basic degree, and

(b) many a job holder being driven by the aspiration to possess an MBA, inter alia, to go up in his/her career.

 

How an MBA differs from a basic degree?

They are at two different levels of education. The broad objectives of an undergraduate programme are to provide students an excellent academic experience, and to equip them with the ability to solve a broad range of problems in our rapidly changing technological, economic and social environment. As there’s a wide range of basic degrees, the student can select a particular degree programme if he/she wishes to tread on a specialized field. Moreover, in an undergraduate programme, the candidate has the option of selecting either a general degree, wherein he/she needs to study several subjects, during a specific period of time, or specialize in a single subject. Both these options provide a candidate with relevant knowledge that will make him/her possess a relatively broad perspective of the subjects/subject offered. Further, the basic degree lays the initial foundation for a candidate to proceed further in the selected professional field, in which he/she becomes a master of it. This is precisely the objective of an MBA. A basic degree being an entry point for furtherance of a specialized subject/an area of study, anyone wishing to enter a job at this point would need to undergo job-centred specific training depending on the specialty of the job. It is due to this reason that the government finds it difficult to absorb those with a basic degree into the cadres, sans an attuning-process/ training.

Based on this backdrop, an MBA is more business-centred and career-oriented. One of the most common reasons for doing an MBA is that, for many people, it can lead to the next step in their careers. Sometimes, after working for some period of time, people find that they’ve reached a certain level in their careers, and they need something else to get to management-level positions. An MBA adds the specific business skills higher management positions demand to one’s toolkit, such as leadership or strategic thinking, that will help getting them into the management-level positions.

 

Basics for an MBA programme

An MBA being a graduate course of study, MBA aspirants must initially have completed his/her studies with an acceptable/recognized bachelor’s degree before being able to enter an MBA programme. Although the bachelor’s degree may not be directly related to the business world, an ideal candidate is one who would possess sufficient executive exposure. As regards executive exposure, institutes of higher learning/universities have their own stipulations regarding the period and the nature of executive exposure. Insistence on this requirement is considered a necessity as executives, having a view of the overall organizational profile and its objectives, are better equipped to arrive at rational decisions. Decisions, in short, are planning and implementation-centred. Realizing the ultimate ‘why’ aspect of an organization is, therefore, a must in any decision-making process. In short, MBA aspirants need to be in that level of maturity to grasp the interconnectivity of the subjects they master in the programme.

 

MBA – Parameters and Purpose

Further, many an MBA aspirant does not know clearly what an MBA consists of, content-wise, and what purpose it serves. Unlike other postgraduate courses, which provide specialization in a specific field, the Master of Business Administration is interdisciplinary, and it prepares an aspirant for senior management roles by exposing and preparing him to be confident in the midst of all areas of business, including accounting, finance, marketing, human resources, business communication, business ethics and business law. A well structured MBA programme also provides candidates access to an extensive network of contacts that can help them boost their career. The future depends much on organization-wise and people-wise linkages as the future of any enterprise is almost entirely interdependent. The overall purpose of an MBA degree is thus to prepare candidates for managing an organization/enterprise in every way, or in other words, to train qualified executives who have gained an all-pervading vision for business.

 

MBA and the Level of Learning

When it comes to learning-levels, one would invariably take into consideration the Bloom’s Taxonomy, (origin in 1956 and revised in 2001) which provides a classification for learning outcomes. Herein the basic levels include (i) remembering (ii) understanding and (iii) applying. In these levels the elements of (iv) analysing (v) evaluating and (vi) creating are almost absent. To make it more elaborate, in the three higher levels, the following are emphasized and given more weightage:

Analysing:

Correlating, deconstructing, linking, organizing, appraising, probing, questioning, structuring, integrating, attributing, estimating and explaining.

Evaluating:

Arguing, validating testing, criticizing, commenting, debating, detecting, experimenting, measuring, hypothesizing, moderating, predicting, reflecting and reviewing.

Creating:

constructing, adapting, collaborating, directing, devising, programming, simulating, solving, facilitating, synthesizing, investigating, negotiating and leading.

It could thus be seen that all these three tiers demand a critical, probing as well as a researching approach; an approach that is constantly critical of the ‘status quo’. The automatic conclusion would thus be that an MBA demands a mature and a critical approach. These ingredients are lacking at the lower levels of the Bloom’s taxonomy.

 

Measurement of Impact: The Level of Transformation

Hence, any well structured MBA programme, designed and conducted/executed, so as to achieve these higher objectives demanded of by the current business world, should be able to transform an aspirant to a fully fledge MBA, at the conclusion of the programme. An MBA programme is, therefore, virtually a process of total transformation of a basic degree holder to an accomplished master of business administration, as per the true meaning of the title. To effectively carryout a process of authentic/true/genuine transformation, the following are musts among a host of other components that compose an MBA programme:

Effective Communication: Communication encapsulates all modes of conveyance of ideas and information. In fact, communication is the glue that binds all sectors of a business. It thus includes both oral and written communication. Additionally, mastering presentation skills is a must for a manager, as more often his functions revolve around coordination and conveyance of facts and information. Human resource management, team and relationship building, transparency, developing trust, linking with stakeholders, presentation of business-related information are a few major tasks that demand effective communication.

Business Communication: A specialized component of communication is an important integral part within overall communication skills in an MBA programme. Being able to communicate up, down and across is essential in any management position. Communications skills are an area employers have often found candidates lacking. Therefore, in an effective MBA programme, business communication is considered as an indispensable skillset. Business communication, in short, is fine-tuning of communication skills to achieve business objectives.

Analytical and Critical Thinking:

All the three stages of higher learning, namely, creating, evaluating and analyzing in the already discussed Bloom’s Taxonomy demand analytical and critical thinking. The basic element that promotes all these skills is the questioning-inquiring-probing mindset. Developing this mindset, which is a critical component, is one of the overall objectives of a well designed and structured MBA programme. In competitive and uncertain business environments, analytical and critical thinking help improve the quality of managerial decisions.

Strategic Thinking and Integration of Functional Areas of Business:

Issues, problems and challenges being the common-denominator in a business, a trained business-mind that thinks of issues strategically, taking into account all related factors, is a must, if one is to add value to the organization. Therefore, mastering strategic thinking skills is essential as they provide the bases for the generation and application of unique business insights and opportunities that create competitive advantage.

Ethical Leadership:

Organization being closely integrated to the social fabric they cannot function in isolation. This phenomenon demands that an MBA graduate needs to demonstrate knowledge of ethical frameworks for management decision-making and leadership. That’s why business law and business ethics form a part of an MBA course structure. Honesty, integrity, humaneness, value-driven decision-making, intolerance for ethical violations, being just and impartiality and exemplariness are further parameters to gauge a well-rounded MBA graduate.

Global Awareness:

‘Think globally and act locally’ is an axiom that established seats of higher learning would encourage and promote. It is essential for an MBA student to be aware of the global environment, and factors affecting the global economy and international business and to gain a comprehensive understanding of these in order to arrive at informed decision-making. The current developments that have resulted from the COVID-19 pandemic amply prove the need to be aware of the global environment.

 

Some Important Hallmarks of a Reputed Seat of Learning

A good library is considered as the heart of any seat of learning. A reputed seat of learning is supported by a library that is rich enough to support the research of the university faculty and student. The maturity of a seat of learning is also measured by the richness of its publications; richness by way of the volume, variety and depth of its publications as well as their linkages to socio-economic development. Richness of research is also a strong indicator that an institute is in constant pursuit of new knowledge, and not a mere passive reproducer of knowledge. The main teaching arm of an academic institute – the key to its education – is its Faculty. Especially in an MBA degree–business school, the Faculty should invariably be those who are industry-experienced. It is they who introduce the much valued practices and norms of business to the classroom as well as to the respective course-contents. Encouraging innovativeness and promoting entrepreneurship through business-incubators are other important hallmarks of a higher learning institute that is truly concerned with the ultimate product of transforming an MBA aspirant to a truly business-minded person.

 

The elements of Rigour and Disciplined Culture in Executing an Effective MBA Programme

Transformation being the central theme of an MBA programme, reputed seats of learning are in an on-going process of re-structuring their game-plans, by re-visiting every aspect that has a bearing on the final product, i.e., meeting the needs of the business community through their MBAs. In this endeavour, the element of rigour or rigorous learning experiences help the MBA aspirants to realize expectations that are academically, intellectually and personally challenging. Coupled with rigour is the culture of the organization. In its broadest sense, culture is cultivated behaviour; that is the totality of a person’s learned, accumulated experience which is socially transmitted, or more briefly, behaviour through social learning. All reputed seats of learning maintain a disciplined atmosphere, conforming to procedural and quality systems. Opposite to bureaucracy, cultivated behaviour and set rules and procedures unleash the creativity and nimbleness that is required for growth of both personnel and organizations.

 

MBA – A Life-changing Programme that Transforms One’s Future

The above revelations would sufficiently convince that a well structured and strategically executed MBA is a life-changing programme that transforms a person through experiential learning. Such a programme will strengthen both, one’s business and leadership skills and his critical and strategic thinking. Moreover, the creative problem-solving abilities, new knowledge, and tools gained through the programme will, for sure, be a key to success in one’s personal and professional transformation. In other words, MBA is a process that re-invents a person to be a full-fledged professional. In reaching these goals, there are no shortcuts or compromises.

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Midweek Review

The Book’s Hold

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By Lynn Ockersz

It’s not at all a bad thing – This mesmeric hold of the book,And the Isle’s doing the right thing,

By allowing itself to be carried away,On the wave of boundless delight,Book Month without fail brings,

Though the durance of such joy is all too brief,But the wish of she who thinks,Is that this magical pull of the book,

Will be a life-long thing,And that those who noisily warm their seats,In the House by the ‘Oya’ of esteem,Would make of reading a sacred undertaking,For, a measure of grey matter is very much in need.

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