Friday 23rd April, 2021
Parliamentary sessions, at times, can be far more entertaining than cable TV programmes like Animal Fight Club. On Wednesday, our honourable MPs almost came to blows during a debate on the report of the Presidential Commission of Inquiry (PCoI), which probed the alleged instances of political victimisation under the previous government. The Opposition accused the government of having adopted an ad hoc method to open an escape route for the SLPP MPs and supporters with court cases against them.
The SJB argued, in Parliament on Wednesday, that all 90 cases mentioned in the PCoI report could not be considered instances of political victimisation as they had been filed by the person, who currently holds the post of Chief Justice, when he was the Attorney General. Its line of reasoning has left us puzzled. The SJB’s argument is apparently based on the assumption that the legality of actions taken by an Attorney General who goes on to become the Chief Justice cannot be challenged. But one may recall that in 2018 the Supreme Court rejected all arguments that the person, who is the current Chief Justice, put forth, in his capacity as the Attorney General, in defence of the then President Maithripala Sirisena, who sacked Prime Minister Ranil Wickremesinghe and formed a new government with Mahinda Rajapaksa as the Prime Minister, before dissolving Parliament, unable to muster a simple majority therein. The UNF government was reinstated, and, interestingly, the following year the Attorney General, whose defence of the presidential actions did not stand up to judicial scrutiny, became the Chief Justice. The rest is history.
That the SJB’s argument at issue is flawed cannot, however, be used to justify the government’s claim that all those against whom the aforesaid cases were filed during the yahapalana government have been politically victimised.
Political victimisation is part of Sri Lanka’s rotten political culture. Many people have been politically victimised under successive governments, and they need redress. The yahapalana government also manipulated the police and the Attorney General’s Department to compass its political ends while claiming to be on a mission to restore the rule of law and usher in good governance. But the fact remains that after every regime change, lawbreakers in the garb of government MPs pretend to be victims of political witch-hunts and some of them succeed in having their cases terminated. The Opposition is, therefore, right in having challenged some decisions of the PCoI on political victimisation although the arguments it has put forth to bolster its position are specious.
Meanwhile, among those affected by political victimisation are two former Heads of the Judiciary—Dr. Shirani Bandaranayke and Mohan Peiris. The impeachment that led to the ouster of Dr. Bandaranayake in 2013 was politically motivated. The then Rajapaksa government got rid of her because it considered her an impediment to its political project which it sought to have legitimised judicially. Two years later, the yahapalana government righted the wrong, but the method it employed for that purpose was wrong. Instead of having Parliament correct what it had done to her, it had President Sirisena reinstate her by ‘vapourising’ Chief Justice Peiris. The presidential decree that Dr. Bandaranayke’s removal was unlawful; the post of the Chief Justice had not fallen vacant and, therefore the appointment of Peiris as the head of the judiciary was null and void ab initio, made an already bad situation worse. The yahapalana government should have taken action against either Peiris or former President Mahinda Rajapaksa, who appointed him the Chief Justice or both of them, if it had really believed in its claim that he (Peiris) had been functioning as the Chief Justice unlawfully; that was the only way it could have justified the defenestration of Peiris. There were reports that some yahapalana goons had threatened him to resign.
Justice Minister Ali Sabry recently declared in Parliament that the removal of Peiris as the Chief Justice had been illegal, and promised to take remedial action. This issue, too, should be debated in Parliament.
Stop playing blame game, heed expert advice
Wednesday 12th May, 2021
There is a lot of brouhaha over the government’s claim that it influenced the World Health Organization (WHO) decision to approve the emergency use of China’s Sinopharm vaccine; the WHO is reported to have denied this claim. Government propagandists cannot resist the temptation to perform foot-in-the-mouth stunts that embarrass their masters beyond measure. However, the real issue is not how the WHO approval was granted for Sinopharm, or any other vaccine for that matter. The issues that warrant public attention are whether enough vaccine stocks will be available; how effective the jabs will be against the new variants of coronavirus, and how to face the socio-economic issues caused by the pandemic.
Thankfully, some vaccine stocks are arriving here while the pandemic transmission and death toll are increasing steadily although there is a shortage of AstraZeneca vaccine for booster doses. Inoculation is a prerequisite for beating the virus, and given the ever-worsening health crisis, one does not have the luxury of picking and choosing vaccines, especially in respect of the first dose. If the people (as well as the government) had behaved responsibly during the recent festive season, they would have been able to wait until the arrival of the vaccines of their choice. On the other hand, all Covid-19 vaccines currently in use have been found to be highly effective in preventing severe disease and hospitalisation although their efficacy rates are said to vary.
The WHO says everyone has to get the Covid-19 jab fast, and the world must strive to attain global herd immunity through vaccination as soon as possible if the transmission of the virus is to be curbed. WHO lead scientist Dr. Maria Van Kerkhove has, in the weekly epidemiological update, said, “We do not have anything to suggest that our diagnostics or therapeutics and our vaccines don’t work.” This may be some good news in these troubled times, but the situation is far from rosy. One should not lose sight of the fact that Dr. Kerkhove, on Monday, announced that the WHO had changed its classification of the B.1.617 coronavirus variant first found in India last October from a ‘variant of interest’ to a ‘variant of concern’; it has already spread to several countries including Sri Lanka and is wreaking havoc.
Some scientists are of the view that certain coronavirus variants may have the potential to evade antibodies induced by natural infection or vaccination. This, however, does not mean that one should not get inoculated. Instead, one ought to realise that one should not lower one’s guard simply because of the ongoing vaccine rollouts. Nothing should be left to chance in fighting the virus. One should bear in mind WHO chief scientist Dr. Soumya Swaminathan’s wise counsel as regards India.
Dr. Swaminathan is reported to have said that the Indian variant is not vaccine resistant, but India has to depend on its tried and tested public health and social measures to curtail the transmission of the pandemic in addition to boosting its national vaccination drive. This, we believe, is applicable to Sri Lanka as well. Hence, measures such as the ban on interprovincial travel are welcome albeit long overdue. The government has apparently begun to take expert opinion seriously. If such travel restrictions had been imposed during the recent April holidays, the transmission of the virus could have been reduced to a manageable level.
Head of the National Operations Centre for Prevention of COVID-19 Outbreak and Army Commander, Gen. Shavendra Silva, has warned that unless the pandemic situation improves, district borders too will have to be closed. Chances are that far more stringent measures will have to be adopted unless the public fully cooperates with the health authorities to bring the pandemic under control and prevent the projected death rates from becoming a reality. The Association of Medical Specialists (AMS) has already urged President Gotabaya Rajapaksa to impose ‘lockdowns’ at the district level with immediate effect.
The country is in the current predicament because both the government and the public acted irresponsibly. They have to stop blaming each other for the explosive spread of the pandemic they have jointly brought about, share the blame and act responsibly. There is no other way out.
From shaman’s syrup to docs’ pills
Tuesday 11th May, 2021
The Covid-19 morbidity and mortality rates have been on the rise steadily since the conclusion of the recent avurudu celebrations. What we are experiencing at present looks the early warnings of a viral tsunami, whose landfall is only a matter of time. The national healthcare system has reached breaking point, as a collective of professional outfits––the Sri Lanka Medical Association, the Government Medical Officers Association, the Association of Medical Specialists, and the SLMA Intercollegiate Committee––have pointed out in a letter to President Gotabaya Rajapaksa.
Unless urgent action is taken to reduce the worsening caseloads, people will start dying here in their numbers on roads without treatment, as in India. The first thing that needs to be done to prevent the rapid transmission of the pandemic is to impose movement restrictions, which the good doctors have recommended in their letter. If travel among districts had been banned, or at least restricted, during the recent festive season, the country would not have been in the current predicament. The government allowed the public to do as they pleased, for political reasons, and we are where we are today.
The doctors’ associations have, in their letter, made some science-based recommendations such as the imposition of movement restrictions, the isolation of areas depending on density of caseloads, the strengthening of the curative sector by supplying adequate facilities, especially oxygen, ICU facilities and laboratory services countrywide for diagnosis of COVID-19 with PCR testing, and the acceleration of the national vaccination drive.
Some of these recommendations may not find favour with the government, which tends to lay everything on the Procrustean bed of political expediency. But they are the proverbial stitch in time, which, if implemented urgently, will spare the government and the country a lot of trouble in the future. The pills that docs have prescribed are bitter but have to be swallowed.
It is popularly said in this country that when politicians have power, they have no brains, and vice versa—mole thiyanakota bale ne, bale thiyanakota mole ne. So, the problem with most government politicians is that they consider themselves far more knowledgeable than experts such as doctors, engineers, scientists and environmentalists. One may recall that a minister of the current administration once asked what the use of having oxygen was, during a heated argument with an intrepid female Forest Officer who opposed a move to destroy a mangrove forest, pointing out that environmental degradation would reduce the oxygen level in the air. He demanded to know whether oxygen could be eaten—oxygen kannada. A ministerial colleague of his did something cretinous, the other day, exposing the public to Covid-19.
Piliyandala, a populous section of the conurbation of Colombo, accounted for nearly one half of 755 Covid-19 cases reported from the Colombo District, yesterday. The health authorities’ decision to impose movement restrictions in the Piliyandala police area, last week, has been vindicated by the rapid increase in infections there during the past few days. If the restrictions had not been lifted at the behest of Minister Gamini Lokuge, the situation could have been brought under control. Lokuge has sought to justify his intervention to have the decision of the Director General of Health Services (DGHS), who alone can decide on lockdowns, movement restrictions, etc., countermanded, by claiming that such action would have affected daily wage earners in Piliyandala, which is his electorate. True, the vulnerable sections of society have to be protected, but an explosive transmission of the pandemic will have a far more devastating impact on them as well as others than a lockdown. Of economic hardships and an increase in the pandemic death toll, which is the worse? It is not only the residents of Piliyandala who undergo economic hardships owing to lockdowns and other such Covid-19 preventive measures. What if the ruling party politicians in other parts of the country emulate Lokuge? The DGHS will not be able to have any area locked down, in such an eventuality.
Meanwhile, other countries battling the new variants of the virus have adopted double masking, which has proved quite effective in curbing the spread of the pandemic. Why it has not been made mandatory here is the question.
One can only hope that the doctors’ letter at issue will knock some sense into the ruling party politicians and their officials in charge of the anti-Covid-19 campaign. There is no reason why a government that chose to do as a crafty shaman said, and even promoted his peniya or syrup, touted as a cure for Covid-19, should not take the views of respected medical professionals on board and act accordingly.
All hat and no cattle
Monday 10th May, 2021
The global pandemic situation is far worse than it looks. The University of Washington estimates reveal that Covid-19 has snuffed out 6.9 million deaths across the globe, and this is more than double the officially reported number. Many countries are struggling to save lives, and shocking scenes of mass cremations in India and other such heartrending instances reported from Brazil, etc., must be weighing on the conscience of the global community heavily, but the response of the developed world to the pandemic has been appallingly slow and woefully inadequate. It is now engaged in a vaccine patent row to the neglect of what needs to be done urgently to save lives the world over. Pope Francis got it right, on Saturday, when he declared that the world was infected with the ‘virus of individualism’, and the ‘laws of intellectual property, etc., had taken precedence ‘over the laws of love and the health of humanity’. The world is facing a ‘catastrophic moral failure’ as Head of the World Health Organization (WHO) Dr. Tedros A. Ghebreyesus has said.
‘Vaccine nationalism’, which characterises the developed world’s pandemic response, is a major impediment to efforts being made to achieve global herd immunity against Covid-19 through vaccination, according to the WHO, which has called for the co-operation of the rich nations to carry out an equitable vaccine rollout across the globe. This fervent appeal has not yielded the desired results if the slow progress of COVAX (COVID-19 Vaccines Global Access) initiative is any indication. As vaccine donations have not reached a satisfactory level, the pandemic-hit countries have had to think of alternative ways of meeting their urgent vaccine needs. Hence their desperate call for lifting vaccine patents in the hope that such action will help boost the global jab production.
India and Brazil are among the nations that have urged the World Trade Organisation (WTO) to lift patents on the Covid-19 vaccines to boost the world’s fight against the virus. This proposal has struck a responsive chord with most countries, but some European nations are not favourably disposed towards it. They are reportedly in favour of a voluntary licensing system similar to the one between Oxford-AstraZeneca and the Serum Institute of India. The proponents of this method of boosting global vaccine production in the short-term point out that the rich countries could make the licensing system mandatory for their pharmaceutical companies, which, however, will have to be compensated; the WTO regulations permit this kind of arrangement.
Opinion is however divided on the effectiveness of the proposed patent waiver. The opponents thereof argue that patents are necessary as they provide incentives and encourages innovation; this is the reason why Covid-19 vaccines have been produced in record time, they maintain. It is also being argued in some quarters that even if the patents are lifted, it will take a long time to commence vaccine production elsewhere. This argument cannot be dismissed as baseless in that there is much more to vaccine production than recipes. Supply chains have to be established, personnel trained, facilities made available and necessary processes set up. All these could be time-consuming. The world cannot wait as the virus keeps mutating and destroying more and more lives, and the only way to neutralise it is to inoculate as many people as possible across the world so as to achieve global herd immunity.
French President Emmanuel Macron has exuded pragmatism in addressing the issue of vaccine nationalism. He has urged the US to abolish its bans on the export of vaccines and ingredients so that other nations can supercharge their production.
The US has, despite initial reluctance, agreed to the proposal for lifting vaccine patents temporarily, but there are better options, as President Macron has pointed out. Being a nation that never misses an opportunity to take moral high ground, the US should put an end to its vaccine nationalism and part with some of its huge vaccine stockpiles, especially the AstraZeneca jab, which it does not use. It does not have to do so as charity; it can make available those vaccine stocks to other nations at reasonable prices. Sadly, it has so far been all mouth and no action; assistance in other forms in dribs and drabs is of little use in a pandemic situation.
The world is not short of crusaders for human rights, and they, led by the US, even ignore the concept of national sovereignty (of other countries) when they want to make interventions purportedly in keeping with the much-vaunted global political commitments such as R2P (Responsibility to Protect). But they stand accused of abusing these universal commitments to advance their geo-political and economic agendas. Nothing is more valuable to humans or any other species for that matter, than the right to life, and the current pandemic has provided the self-proclaimed defenders of human rights with an opportunity to save hundreds of thousands of lives by making Covid-19 vaccines available, and, thereby establish their liberal bona fides, if any.
The developed world is labouring under the delusion that the safety of its people can be ensured through efficient vaccine rollouts at the expense of others, but there is no guarantee that immunity so gained will last for more than one year, according to international medical experts; nobody will be safe unless the virus is beaten, once and for all, through a truly global vaccination drive. The only way out is to follow the motto—unus pro omnibus, omnes pro uno (‘one for all, all for one’).
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