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Constitution making: SJB won’t make submissions to Expert Committee

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Kiriella: Why should we go to reinvent the wheel?

By Shamindra Ferdinando

Chief Opposition Whip and senior Samagi Jana Balavegaya (SJB) MP Lakshman Kiriella yesterday (20) said that his party wouldn’t make representations to the government appointed Expert Committee engaged in formulating constitutional proposals.

The Cabinet appointed the committee in early Sept, less than a month after the general election in Aug 2020. Lawmaker Kiriella said so in response to The Island query whether the SJB would make representations to the nine-member committee chaired by Romesh de Silva, PC. The deadline for submission of proposals is Dec 31, 2020.

The top SJB spokesperson dismissed the committee as a government body engaged in a propaganda exercise. When The Island pointed out that as the Justice Ministry had called for public proposals in that regard therefore the breakaway UNP faction could take advantage of the opportunity, lawmaker Kiriella said that the previous parliament comprehensively dealt with the issue. The then Prime Minister Ranil Wickremesinghe spearheaded the process.

“Why should we reinvent the wheel”, MP Kiriella asked, urging what he called the SLPP appointed committee to examine the constitution making process undertaken by the previous parliament. Those who now identified themselves as the SLPP fully participated in the process though that grouping was then called the Joint Opposition, MP Kiriella said. The incumbent government couldn’t simply ignore what had been agreed in the previous parliament, the Kandy District SJB leader said.

“Of course, we reached consensus on some issues though there were differences. But, political parties represented in parliament largely agreed on the proposals. Therefore, the work undertaken by the previous parliament could be quite useful and should be the basis for the ongoing effort,” lawmaker Kiriella asserted.

The Justice Ministry recently called for submissions from the public pertaining to 11 subjects namely (1) nature of the State (2) fundamental rights (3) language (4) directive principles of State policy (5) the executive (President/cabinet of ministers/the Public service) (6) the legislature (7) franchise and elections, including referenda (8) decentralization/devolution of power/power sharing (9) the judiciary (10) public finance and (11) public security. The Justice Ministry also welcomed any other proposals specifically not referred to above.

Asked whether the UNP pushed for early Provincial Council polls, lawmaker Kiriella said that the government, in the run-up to 2019 presidential and August 2020 parliamentary polls repeatedly pledged introduce a new Constitution. So instead rushing to hold PC polls, the government should unveil its constitutional proposals as soon as possible, Kiriella said.

“Let us see how the incumbent administration intended to address the national problem. The UNP introduced 13th Amendment to the Constitution to address the grievances of the minorities. Mahinda Rajapaksa, in his capacity as the war winning President offered 13 plus. Explain what the President, the Prime Minister envisaged in terms of the proposed 13th Amendment,” the former UNPer said.

Kiriella said that the national question couldn’t be settled without sufficient devolution of powers to ensure the minorities felt comfortable and confident living among the majority community. Kiriella, who had served both SLFP and UNP led cabinets, said that during their constitution making process during the previous administration, Chief Ministers representing provinces other than the North and East, pushed for greater powers.

Responding to another query, MP Kiriella said that there hadn’t been a previous instance since JRJ introduced 1978 Constitution, where all political parties participated in a common agenda meant to bring in a new law.

The MP alleged having wasted several months in a high profile bid to secure the passage of the 20 Amendment with a 2/3 majority, the government wasn’t really sure of its strategy.

“Obviously, SLPP is divided over the new constitution making proposals,” MP Kiriella said, pointing out that the SLPP was yet to submit its proposals to its own committee.



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UK sanctions: MR urges govt. to stand by military

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Former President Mahinda Rajapaksa has urged the NPP government to stand by Sri Lanka’s war-winning military. The following is the text of the statement issued by the former President: “The United Kingdom govt. has announced sanctions, including travel bans and asset freezes, against Sri Lanka’s former Chief of Defence Staff Shavendra Silva, former Navy Commander Wasantha Karannagoda and former Army Commander Jagath Jayasuriya over unproven allegations of human rights violations during the war with the LTTE. It was I, as the Executive President of Sri Lanka, who took the decision to militarily defeat the LTTE and the armed forces implemented that decision on the ground.

Despite the 2002 ceasefire agreement, the LTTE had carried out 363 killings during the ceasefire between February 2002 and the end of September 2005. LTTE attacks intensified in the first few weeks and months after I was elected President in November 2005. Among the most serious such incidents were claymore mine attacks on 4 and 6 December 2005 in Jaffna that killed 13 soldiers, a suicide attack on a naval craft on 5 January 2006 that killed 15 naval personnel, and the suicide attack on the Army Commander inside Army Headquarters in April 2006.

Despite all that, my government held two rounds of peace talks in January and June 2006, in Geneva and Oslo, which were unilaterally halted by the LTTE. The LTTE landmine attack on a civilian bus in Kebithogollawa in June 2006 which killed 64 and seriously injured 86, many of them children – was a pivotal moment for me and my govt. Military operations commenced in July 2006 when the LTTE closed the Mawilaru anicut, cutting off irrigation water to cultivators in the Trincomalee district, and did not stop until the LTTE was completely defeated on 19 May 2009.

I categorically reject the UK govt.’s allegation of widespread human rights violations during the military operations. Lord Naseby stated in the House of Lords on 12 October 2017 that the then UK Defence Attache in Colombo Lieutenant Colonel Anton Gash had in conversation with him, praised the discipline of the Sri Lanka Army and stated that there certainly was no policy to kill civilians. Because Lt. Col Anton Gash’s war time dispatches to London differ so significantly from the narrative promoted by the UK political authorities, only a heavily redacted version of those dispatches have been released. We conducted military operations only against the LTTE and not against the Tamil people.

Just months after the war ended, when my wartime Army commander came forward as the Opposition candidate at the 2010 presidential elections, the Tamil National Alliance issued a statement on 6 January 2010 appealing to the Tamil people to vote for the former Army commander and he won over 60% of the votes cast in the Northern and Eastern Provinces, thus directly contradicting the narrative being promoted by the UK govt. Imposing sanctions on Vinayagamoorthy Muralitharan, aka Karuna Amman, who broke away from the LTTE, in 2004, and later entered democratic politics, is a clear case of penalizing anti-LTTE Tamils so as to placate the dominant segment of the Tamil diaspora in the UK.

When the UK Foreign Secretary David Milliband came to Sri Lanka, in April 2009, and demanded a halt to military operations, I flatly turned him down. Later, a London-based newspaper The Telegraph revealed – quoting secret documents made public by Wikileaks – that Mr. Miliband had tried to intervene in Sri Lanka to win Tamil votes for the Labour Party. Regrettably, to this day, vote bank politics determines the UK’s stand on Sri Lanka’s war against the LTTE.

Three decades of LTTE terrorism claimed the lives of 27,965 armed forces and police personnel not to mention the lives of many thousands of civilians, including politicians. What Sri Lanka defeated in 2009 was the organization that the US Federal Bureau of Investigation had officially designated as the deadliest terrorist organization in the world. It is noteworthy that the United Kingdom introduced special legislation in 2021 and 2023 to protect their own armed forces from persecution by interested parties.

Hence I expect the present government to resolutely stand by and defend former armed forces personnel who face persecution by foreign governments and organisations for doing their duty to safeguard Sri Lanka’s national security.”

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Jet crash: Deputy Defence Minister, too, contradicts Minister Ratnayake

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Deputy Defence Minister Maj. Gen. (Retd) Aruna Jayasekera, on Tuesday (25), said that Air Force investigation into the 21 March K-8 advanced jet crash had not been concluded.

Jayasekera was responding to a media query. The media sought the Maj. Gen’s comments in the wake of Transport Minister and Leader of the House Bimal Ratnayake’s declaration that the crash had been caused by pilot error.

The Air Force Headquarters has already contradicted Minister Ratnayake’s unsubstantiated claim. The qualified instructor and the trainee ejected before the ill-fated aircraft, attached to the Katunayake-based No 05 squadron, crashed at Wariyapola.

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Trump govt. may want Sri Lanka to increase imports – Chung

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MP Ganesan meeting Ambassador Chung

FM Herath visiting Washington now may be wishful thinking?

Democratic People’s Front and Tamil Progressive Alliance leader Mano Ganesan, MP, said that new Trump administration may expect Sri Lanka to increase imports from the US and US cotton fabric raw material could be one such possible import.

MP Ganesan said so after meeting US Ambassador Julie Chung on Tuesday (25). Ganesan represents the main Opposition SJB in the current Parliament.

Claiming that he had a productive meeting with Ambassador Chung, Ganesan said that the US accounted for 23% of Sri Lanka’s annual exports, valued at $16 bn but Sri Lanka only imported $370 M worth of goods from the US.

The MP said that they were told that the Trump administration might expect Sri Lanka to increase imports from the US in order to reduce the trade imbalance. “We were also informed that US cotton fabric raw material for the Lankan apparel industry is one such possible import that could be increased.”

According to MP Ganesan the post-Aragalaya economic rebuilding process, the reconciliation, and the aspirations of marginalised upcountry Tamil community were discussed. The former Minister also said that they were told there was no basis for reports of Foreign Minister Vijitha Herath visiting the US soon.

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