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Bio-Piracy:

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A Pervasive Threat to Biodiversity and Human Security

By Ayodhya Krishani Amarajeewa
Regional Centre for Strategic Studies
Continued from yesterday

According to Prof. Wijesundara, in 1994, a multinational company, W.R. Grace and the U.S. Department of Agriculture were granted a patent by the European Patent Office (EPO) “Covering a (special) method for controlling fungi on plants by the aid of a hydrophobic extracted neem oil” that is diluted with a certain percentage of water was withdrawn in 2000. Lot of concern after 10-year battle, some patents on neem were squashed some still prevail. There are 65 patents so far only for neem. According to Prof. Kotagama, a US company wanted to produce insecticide from neem. They came with Azadariktin as a product. They obtain the patenting required to use and own neem. There is a law that if you are contesting patenting right it has to be in the country it is registered at. So the neem battle has to be fought in the US. With lot of money and help from the NGOs and help along with the Indian government they fought against this patenting. The company contested that they did not bring neem from Asia or India, they brought it from Africa because it grows in Africa. But it was identified that the seeds that had gone to Kenya had been coming from Sri Lanka according to the Registers of the forest department records from Sri Lank. Based on that evidence the patent was revoked. The neem campaign was consisting of a group of NGOs and individuals was initiated in 1993 in India. This was done to mobilize worldwide support to protect indigenous knowledge systems and resources of the Third World from piracy by the west particularly in light of emerging threats from intellectual property rights regimes under WTO and TRIPS. Neem patent became the first case to challenge European and US patents on the grounds of biopiracy.

Basmati Rice patent case is another instance bio-piracy was reversed. Prof. Kotagama remarked that it is known as the India – US Basmati Rice Dispute (Case number 493, Case Menemonic – Basmati; Patent number – US 5663484A, publication). A US company registered a new hybrid variety of Basmati. India and Pakistan got together and they fought using media, using negative advertisement and they squashed American variety of Basmati) proving ‘Texmati’ was not Basmati.

According to Prof. Sarath Kotagama, an Indian Ecologist, Vandana Shiva has said ‘bio-piracy deprives us in three ways: It creates a false claim to novelty and invention, even though the knowledge has evolved since ancient times as part of the collective and intellectual heritage of India”. Secondly “it divests scarce biological resources to monopoly control of corporations thus depriving local communities the benefits of its use” and thirdly “it creates market monopolies and excludes the original innovators (farmers) from their rightful share to local, national and global markets”. She fought a lot for the biodiversity conservation in India and a well-respected ecologist in India who also had to do much with the fight against Neem, Basmati and Turmeric.

There are similar cases where patents were revoked: Kava Kava from Fiji and Vanuatu; Quinoa from Andes; Banaba and other medical plantys from Philippines; Bitter gourd from Sri Lanka and Thailan; Ilang-Ilang from Philippines and Periwinkle from Madagascar, highlighted Prof. Wijesundara.

In 1989 bioprospecting started with the Institute of Biology established in Costa Rica purely for this purpose. It was the idea to do research on rainforests, animals and plants in Costa Rica and give the ownership to the country if something was discovered. However, this institute was dissolved in 2015 in Costa Rica. According to Prof. Kotagama, the institute still exists with the idea surveys on the resources of rainforests and commercialization of the products will be done for the benefit of Costs Rica. Prof. Kotagama highlighted why bio-piracy needs to be also understood in legal jargon. In the research paper “Bio piracy and its impact on Biodiversity: A Special review on Sri Lankan context” (Kusal Kavinda Amarasinghe), it has mentioned that 34 plants and animals have been taken out of Sri Lanka and Indian subcontinent and patent obtained for biological constituents already. According to Prof. Kotagama, Naja naja naja (Cobra) is an endemic spices in Sri Lanka and still it has lost the control from the country and others are using the species to derive benefits. Prof. Kotagama also highlighted that while there is so much indifference, there is so much consorted efforts to prevent bio-piracy and bio-theft in the countries like the Philippine, Indonesia, Malaysia, India, Nepal who have strengthen the situation and have increased regulations and continue strict border control measures.

Illegal Trafficking and Bio-Piracy

According to Prof. Siril Wijesundara, illegal trafficking is also directly linked to bio-piracy and theft. One of the ways that can prevent bio-piracy is through detecting illegal trafficking of various types of endemic and endangered plants and animals. Most common plant species affected by illegal trafficking in Sri Lanka at present are Gyrinops Walla Walla patta, Salacia reticulate Kothala Himbutiand Santalum album naturalized sandhun. Sri Lanka Customs have detected many instances of illegal trafficking. Target destination varies from India, Dubai, Pakistan, Australia, and China. The most popular destination for Kothala Himbotu today is China.

Another classic example of trafficking of plants is by misleading the authorities. Prof. Wijesundara highlighted that a plant called Kekatiya (Aponogeton crispus) were exported in large quantities under the name Aponogeton ulvaceus, a plant native to Madagascar. However, Prof. Siril Wijesuriya mentioned that during his tenure at the Peradeniya Botanical Gardens, he managed to test this plant and discovered it is a different plant from the one in Madagascar. After this discovery, this Sri Lankan variety of the plant (Kekatiya) was prohibited from being exported and necessary action were taken to a point where the company went out of business.

 

Importance of Utilizing the Chemical Compounds in the Medicinal Plants

Prof. Veranja Karunarathne highlighted the popularity among the people now for medicinal plants. That is because the Medicinal properties and compounds that are useful found in the medicinal plants. Natural products are made out of these compounds. According to him, the use of medicinal plants go over for 5000 years ago. Probably we have used medicinal plants since existence.

According to Prof. Veranja Karunarathne, the medicinal plants are being used in traditional medicinal systems popular in Sri Lanka such as Ayurveda, Deishiya Chikithsa, Siddha and Unani. Siddha and Unani don’t use much of the plants necessarily and have much to do with involving plants. In different medicinal systems, over 2500 plants are being used in Sri Lanka. These are being used for disease curing and ailments in traditional medicine practices. In the Western medicine sense, it is one compound for one disease. In Ayurveda and indigenous system, it is many compounds for one disease many compounds curing one disease. Pollypahrmachology is accepted in the indigenous system. These aspects of pollypahrmachology in traditional medicine are becoming valuable. If we take asprin that cures heart disease, it is isolated from Villon plant. Quinine that is used in Malaria prevention is isolated from cinchona plant. That is the practice of the Western medicine. Prof. Veranja Karunarathne says that if we look at plant evolution, it is evident that the plants didn’t intend to cure diseases. This evolution of the plants happened by co-evolving with the insects. It never intended to cure diseases for humans. In 1915, the Western medicine avoided using plants due to various issues including intellectual property matters and since plants are very difficult thing to manage. However, they have come back discovering medicine from plants. That is why co-evolution is important. Diversity of functional group of plants is important. Diversity of use of plants cannot be matched with the evolution of the plants.

From Kothala Himbotu, an endemic plant in Sri Lanka, water soluble anti diabetic compounds were found by Japanese scientist. There are over 50 patents for Kothala Himbotu plant. Sri Lanka has only one patent which was a discovery of a Sri Lankan team. As a Chemist who worked on the kothala himbotu plant and tried to find the chemical compounds, Prof. Karunarathne felt humiliated when Japanese scientists found that water based compound in the kothala himbotu plant. He used a Sri Lankan source and worked on a zeroing from Sri Lankan lichen, patented at the US patent office the, lichen called ziorine that can be used on cancer patients. Sri Lankan government dealing legally with bio-piracy is when they intervened to stop exporting Kothala Himbotu plant in bulk that is being used for anti-diabetic drug. For anti-diabetic drug creation some sections of the plant are still being exported, but in small quantities.

In the meantime, there is also bogus bio-piracy. An undergraduate student of University of Peradeniya in Sri Lanka found out that Clarins skin care product in France is using Hortinia floribanda that is endemic to Sri Lanka.

In their website it was mentioned that this plant is being used to improve the skin tone. When studied their website, closely, they found that they are using plants found in amazon and plant found in Europe during winter. After finding the endemic Sri Lankan plant do not contribute to any skin tone improvement and when the research was published in National Science Foundation journal, the skin care production company removed the name of the plant from their website. This is an instance where bogus bio-piracy is being taken place and that it too needs to fight and that even an average Chemist can make a difference, said Prof. Varanja Karunarathne.

According to Prof. Varanja Karunarathne, there are about 3000 odd plants endemic to Sri Lanka, out of the total flowering plants, 2000 are endemic. Because of this density and diversity, UNESCO named Sri Lanka as a biodiversity hotspot. 1300 of these plants are in the Red book of endangered plants of Sri Lanka. In Sri Lanka, the value of the plant is only the timber value. The Central Bank of Sri Lanka value plants in Sri Lanka only for its timber value which is a drawback. The government needs to fund for projects that study the chemistry of these plants, government never have done such in that greater scale. The chemists would want be able to study the chemistry inside the plant, the knowledge inside the plant. It is important to lobby to find the chemicals of these plants that are endangered to Sri Lanka. This means conserving the knowledge inside the plant is much more than just evaluating its value for timber. There is a far greater use of the plant than just the timber value.

During the discussion, Mr. Lakshman Gunasekara highlighted the importance of getting media involved along with the Scientists to intervene in promoting knowledge, education and awareness about bio-piracy and possible ways of counter-fighting it. He said that unlike in the past, mass communication can bring this issue to a different level. In this regard the scientific community needs to intervene in order for the media community to get activated. However, Prof. Siril Wijesundara made a remark that media is always working with political agendas, but Scientists are not and they cannot do so. Therefore, it is important, media step aside from political agendas and look at this issue apolitically.

Dr. Nirmal Dewasiri highlighted the colonial dimension of bio-piracy. With the involvement of government in bio-piracy and the inclusion of concept of government and empire –building bio-politics came into being. In empire building, establishing the political centre outside the location of the centre was important. Same is true to colonialism which was more than traditional Empire building exercise. It was new kind of administration, where there was capturing a grip on the land and space, fauna and flora. It was rather “governmentalization” which has multiple dimension. According to him, in that sense, colonialism is a multidimensional phenomenon. It is not more colonialism now; it is a new process. This is very much part of the enlightenment project at the time. It was governed by knowledge. Accumulation of information of social and natural environment became a new kind of project. The new political challenge is also this.

Prof. Nalani Hennayake highlighted the fact that how in terms of conservation and information sharing India came out with digital library registered with patent offices in the inventories library in the United States, while Sri Lanka has our own Red Book of inventory. She further highlighted the fact that countries like Sri Lanka having enough laws that needs immediate activation. Monopolizing the ownership needs to end and commercializing our plants needs to happen according to the Fauna and Flora Act in Sri Lanka. Sri Lanka said no to digital register of plants in 1994 and we need to rethink such decisions mentioned the discussants.

In his concluding remarks, Prof. Veranja Karunarathne said that at present, other people are working on synthetic biology, combination of chemistry, biology and genomics, creating biosynthetic pathway of genes. Genes are mass produced in genomic mass factories which is controlled exploitation of bio wealth. That is where the world is heading and he says Sri Lanka needs to value the conserved knowledge inside the plant and explore the immense possibilities that the plants are presenting. Concluded



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Foreign policy dilemmas increase for the big and small

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‘No responsible American President can remain silent when basic human rights are violated.’ This pronouncement by US President Joe Biden should be interpreted as meaning that the supporting of human rights everywhere will be a fundamental focus of US foreign policy. Accordingly, not only the cause of the Armenians of old but the situation of the Muslim Uyghurs of China will be principal concerns for the Biden administration.

However, the challenge before the US would be take this policy stance to its logical conclusion. For example, the murder of Saudi journalist Jamal Khashoggi was one of the most heinous crimes to be committed by a state in recent times but what does the Biden administration intend to do by way of ensuring that the criminals and collaborators of the crime are brought to justice? In other words, how tough will the US get with the Saudi rulers?

Likewise, what course of action would the US take to alleviate the alleged repression being meted out to the Uyghurs of China? How does it intend to take the Chinese state to task? Equally importantly, what will the US do to make light the lot of Russian opposition leader Alexei Navalny? These are among the most urgent posers facing the US in the global human rights context.

Worse dilemmas await the US in Africa. Reports indicate that that the IS and the Taliban have begun to infiltrate West Africa in a major way, since they have been compelled to vacate the Middle East, specially Syria and Iraq. West African countries, such as, Mali, Burkina Faso, Nigeria and Mauritania are already facing the IS/Taliban blight. The latter or their proxies are in the process heaping horrendous suffering on the civilian populations concerned. How is the US intending to alleviate the cruelties being visited on these population groups. Their rights are of the first importance. If the US intends to project itself as a defender of rights everywhere, what policy program does it have in store for Africa in this connection?

It does not follow from the foregoing that issues of a kindred kind would not be confronting the US in other continents. For example, not all is well in Asia in the rights context. With the possible exception of India, very serious problems relating to democratic development bedevil most Asian states, including, of course, Sri Lanka. The task before any country laying claims to democratic credentials is to further the rights of its citizens while ensuring that they are recipients of equitable growth. As a foremost champion of fundamental rights globally, it would be up to the US to help foster democratic development in the countries concerned. And it would need to do so with an even hand. It cannot be selective in this undertaking of the first importance.

The US would also from now on need to think long and deep before involving itself militarily in a conflict-ridden Southern country. Right now it is up against a policy dilemma in Afghanistan. It is in the process of pulling out of the country after 20 years but it is leaving behind a country with veritably no future. It is leaving Afghanistan at the mercy of the Taliban once again and the commentator is right in saying that the US did not achieve much by way of bringing relief to the Afghan people.

However, the Biden administration has done somewhat well in other areas of state concern by launching a $1.9 trillion national economic and social resuscitation program, which, if effectively implemented could help the US people in a major way. The administration is also living up to the people’s hopes by getting under way an anti-Covid-19 vaccination program for senior US citizens. These ventures smack of social democracy to a degree.

The smaller countries of South Asia in particular ought to be facing their fair share of foreign policy quandaries in the wake of some of these developments. India, the number one power of the region, is in the throes of a major health crisis deriving from the pandemic but it is expected to rebound economically in an exceptional way and dominate the regional economic landscape sooner rather than later.

For example, the ADB predicts India will recover from an 8% contraction in fiscal 2020 and grow by 11% and 7% this year and next year. South Asia is expected to experience a 9.5% overall economic expansion this year but it is India that will be the chief contributor to this growth. A major factor in India’s economic fortunes will be the US’ stimulus package that will make available to India a major export market.

For the smaller states of South Asia, such as Sri Lanka, the above situation poses major foreign policy implications. While conducting cordial and fruitful relations with China is of major importance for them, they would need to ensure that their relations with India remain unruffled. This is on account of their dependence on India in a number of areas of national importance. Since India is the predominant economic power in the region, these smaller states would do well to ensure that their economic links with India continue without interruption. In fact, they may need to upgrade their economic ties with India, considering the huge economic presence of the latter. A pragmatic foreign policy is called for since our biggest neighbour’s presence just cannot be ignored.

The Sri Lankan state has reiterated its commitment to an ‘independent foreign policy’ and this is the way to go but Sri Lanka would be committing a major policy mistake by tying itself to China too closely in the military field. This would send ‘the wrong signal’ to India which is likely to be highly sensitive to the goings-on in its neighbourhood which, for it, have major security implications. A pragmatic course is best.

In terms of pragmatism, the Maldives are forging ahead, may be, in a more exceptional manner than her neighbours. Recently, she forged closer security cooperation with the US and for the Maldives this was the right way to go because the move served her national interest. And for any state, the national interest ought to be of supreme importance.

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A Sri Lankan centre for infective disease control and prevention

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The need of the hour:

BY Dr B. J. C. Perera

MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paed), MRCP(UK), FRCP(Edin), FRCP(Lon), FRCPCH(UK), FSLCPaed, FCCP, Hony FRCPCH(UK), Hony. FCGP(SL)

Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.

On 01st July 1946, the Communicable Disease Center (CDC) of the United States of America opened its doors and occupied one floor of a small building in Atlanta, Georgia. Its primary mission was simple, yet highly challenging. It was to prevent malaria from spreading across the nation. Armed with a budget of only 10 million US dollars, and fewer than 400 employees, the agency’s early tasks included obtaining enough trucks, sprayers, and shovels necessary to wage war on mosquitoes.

It later advanced, slightly changed its name, and transformed itself into the much-acclaimed and reputed Centres for Disease Control and Prevention (CDC). It became a unique agency with an exceptional mission. They work 24/7 to protect the safety, health and security of America from threats there and around the world. Highest standards of science are maintained in this institution. CDC is the nation’s leading science-based, data-driven, service organization that protects the public’s health. For more than 70 years, they have put science into action to help children stay healthy so they can grow and learn, to help families, businesses, and communities fight disease and stay strong and to protect the health of the general public. Their are a bold promise to the nation, and even the world. With this strategic framework, CDC commits to save American lives by securing global health and America’s preparedness, eliminating disease, and ending epidemics. In a landmark move, the CDC even established a Central Asia regional office at the U.S. Consulate in Kazakhstan in 1995 and have been involved in public health initiatives in that region.

More recently, the European Centre for Disease Prevention and Control (ECDC), was established. It is an agency of the European Union, aimed at strengthening Europe’s defences against infectious diseases. The core functions cover a wide spectrum of activities such as surveillance, epidemic intelligence, response, scientific advice, microbiology, preparedness, public health training, international relations, health communication, and the scientific journal Eurosurveillance.

Still later on, the African CDC (ACDC) was born. It strengthens the capacity and capability of Africa’s public health institutions, as well as partnerships, to detect and respond quickly and effectively to disease threats and outbreaks, based on data-driven interventions and programmes.

All these organisations are autonomous, independent, and are confidently dedicated to hold science to be sacred. They play a major role in advocacy and work in a committed advisory capacity. With the cataclysmic effects of the current coronavirus pandemic COVID-19, the contributions made by these institutions are priceless. What is quite important is that they are able to provide specific recommendations based on the latest scientific information available for countries and nations in their regions, even taking into account the many considerations that are explicit and even unique to their regions. All these organisations have been provided with optimal facilities and human resources. The real value of their contribution is related to just one phenomenon: AUTONOMY.

Well…, isn’t it the time for us to start a Sri Lankan Centre for Infective Disease Control and Prevention (SLCIDC)? It should be formulated as an agency constantly striving, day in and day out, to safeguard the health of the public. Science and unbending commitment to evaluation of research on a given topic should be their operating mantra. It would work as a completely apolitical organisation and what we can recommend is that it would be directly under the President of the Democratic Socialist Republic of Sri Lanka, unswervingly reporting to and accountable to the President. It would consist of medical doctors, scientists and researchers but no politicians of any sort, no non-medical or non-scientist persons, no hangers on and no business persons. All appointments to the SLCIDC will be made by the President of the country, perhaps in consultation with medical professional organisations.

The prime duty of the SLCIDC would be to assess the on-going situation of any infective issue that has any effect on the health of the public. The organisation will undertake in-depth examination and assessment of a given situation caused by an infective organism. They need to have all relevant data from within the country as well as from outside the country. There will not be any vacillation of the opinions expressed by them and their considered views should not be coloured by any consideration apart from science and research done locally and worldwide. Their considered opinion would be conveyed directly to the President of the country. They are free to issue statements to keep the public informed about the results of their deliberations.

We believe that it would be a step in the right direction; perhaps even a giant step for our nation, not only during the current coronavirus pandemic but also on any major problems of an infective nature that might occur in the future.

 

This writer wishes to acknowledge a colleague, a Consultant Physician, who first mooted this idea during a friendly conversation.

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Kudurai Madiri Pona

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The big jumbo has come from the French land and as the French themselves say it is ‘annus mirabillis’ the miracle year, finally, and finally the wait is over. The world will now see the Big- Bus that we all waited for so long to see. As the years roll by, none would talk of delays regarding the delays on delivery dates and how late the bird flew in. These would be like words written on a blackboard, erased forever. But the aeroplane will grace the sky and, perhaps rewrite all the records of commercial aviation when the mega-miracle A380 dominates the international air-routes.

Singapore Airlines went into the record books as the launch customer. Some of my old friends from SIA would fly the A380. Perhaps, Luke would, too, and this story is about him. Luke of yesteryear and how he first flew as a cadet and how young Luke and I went romping the skies in our own special way, writing a few new lines in the flight training manual.

Luke was from Johor Baru, in Malaysia. His roots were in South India where years ago his grandfather had done a Robinson Crusoe and ended up in the Malayan Peninsula. Luke was named after one of the four Gospel scribes. Luke really isn’t his name. It is a pseudonym, I use just to give him some anonymity. Not much protection, but one is to three are playable odds. Like in Rumple stiltskin the manikin, you are welcome to guess the name.

We first flew to Seoul. He, straight out of flying College, and yours truly, as old as the hills, driving the ‘Jumbo’ classic, the lovable 747. The first thing I noticed about him was his socks, black and white diamond shapes, a mini version of the flags they swing at Grand Prix finals – if Luke swung his feet, a Ferrari would pass underneath. That we sorted out the first day itself. In Seoul,he went shopping and the next day he was Zorro, waist to toe, black as a crow.

His flying credentials were all there, somewhat mixed up between what they teach in modern flying schools and how to apply the ‘ivory tower’ jargon to cope with the big 747. As for raw handling of the aeroplane, all his skills were intact, only they were in bits and pieces and spread in places like an Irida Pola (Sunday Fair). They had to be streamlined, the wet market needed to be modified to a ‘Seven-Eleven’ – that was my job.

The next round we went flying to Europe, his first run to the unknown, like Gagarin in his Sputnik, young Luke flew to Rome. The flying was same as before, a bit mixed up amidst the hundreds of aero dynamical paraphernalia that spelled out from the encyclopaedic collection of books that he had to study.

That’s when I decided to change the tide.

‘Luke my friend,” I said to him in a fatherly fashion.

‘You and I are from similar fields, you from Kerala and me from Sri Lanka. These Min Drag Curves and VFEs and WAT limits and VLEs are too much for us. Just remember when you pull the stick back, the houses will become smaller and when you push the stick down, the houses will become bigger, that’s climbing and descending this monster,” I explained the simple theory of flight.

“As for landing my friend, Kudurai Madiri Pona, just ride it like a horse.”

That was it. We flew, over Europe and he flew like a Trojan, bravely battling the weather and the overcrowded skies. Every time he came in to land it was pure and simple Kudurai Madiri Pona and the big jumbo responded and touched down on the concrete as smooth as a honeymoon lover.

On the way back, we flew via Colombo, that’s my home ground. I requested the radar controller to give Luke a very short ‘four-mile’ final. They know me well here and the controller said “No problem, Captain.”

I was depicting what we did in the Old Hong Kong Airport or what we do in the Canarsi Approach in New York; both, most demanding. A ‘four-mile’ final is a challenge for anyone. I was throwing him in at the deep end and I had no doubt Luke could manage. He came in tight and right, like Hopalong Cassidy and rode the horse straight and beautiful to do a perfect landing. Gone was the Kampong kid and his ‘Irida Pola’ flying, this was Takashimaya and Robinsons rolled into one, everything was in place, nice and shining and professional to the tee.

That was our little story, Luke the ‘jockey’ and me. Sometimes in the field of training, the script needs a little changing. New acts to be introduced to suit the stage. That is the essence of teaching, different hurdles for different horses. It wasn’t for Luke to learn what I knew, more so, it was for me to know who he was and what he could cope with. That part was difficult to find in the flying training manual, and so was Kudurai Madiri Pona.

The world has gotten older and young Luke now wears four stripes and flies in command of Boeing Triple Sevens, fly-by-wire and multiple computers. I met him a few times, flew as his passenger, too, with great pride. “Captain Luke is in command,” the stewardess announced, and silently and gratefully I said, ‘Amen’.

I saw him walking down the aisle, looking for me. Same old Luke in his flat and uncombed Julius Ceaser hairstyle. He came to my seat and grinned and shook my hand and lightly lifted his trouser leg and said,

“Captain, the socks are black and it is still Kudurai Madiri Pona.

I am sure Luke will fly in command of the gigantic A380 one day. That’s a certainty. It would be the zenith for any pilot. Luke is ready, that I know. He is competent, polished and professional and will wear socks as black as midnight. It’s nice that he remembers his beginnings. That’s what flying is all about, that’s what life is all about.

Kudurai Madiri Pona

– ride it like a horse. Some flying lesson.

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