Easter Sunday imbroglio!
Can Parliament, as an institution, absolve itself of the responsibility for tainted political parties? The House did nothing when the TNA recognised the LTTE as the sole representative of the Tamil speaking people. Both Parliament and the Election Department/Election Commission conveniently remained silent. Both institutions turned a blind eye when the TNA, on behalf of the LTTE, in blatant violation of the right to vote, ordered the Northern electorate to boycott the 2005 presidential election to ensure the defeat of Ranil Wickremesinghe as they thought it would be easier to prosecute the war successfully with Rajapaksa in power as he was unpopular with the West. May be the West, too, had a hand in that strategy for they, too, merely kept silent over TNA’s undemocratic demand to the Tamil electorate to boycott the vote. The TNA declared that the presidential poll was irrelevant therefore no point in the Tamil electorate exercising their franchise. But, the move was meant to ensure that normally pro-UNP majority of Tamils did not vote, thereby sealing candidate Ranil Wickremesinghe’s defeat and helping Mahinda Rajapaksa win. When the writer raised this issue with Kumaran Pathmanathan aka ‘KP’ in Aug. 2009, the one-time Chief LTTE procurer of weapons, too, declared that Rajapaksa’s victory would have created an environment conducive for an all-out war. Within three weeks after the 2005 presidential election, the LTTE resumed claymore mine attacks in the Jaffna peninsula. In January, 2006, the LTTE rammed suicide boats into a Fast Attack Craft off Trincomalee harbour. In late April 2006, the LTTE almost succeeded in assassinating Army Commander Lt. Gen. Sarath Fonseka. The Eelam war IV commenced in the second week of August 2006, just weeks after the Army neutralised the LTTE threat at Mavil-aru.
By Shamindra Ferdinando
A reference to the 2019 Easter Sunday carnage at the commencement of the 48th sessions of the Geneva–based United Nations Human Rights Council (UNHRC) was expected. Human Rights Commissioner Michelle Bachelet, in her oral update delivered on Sept.13 on the Situation in Sri Lanka dealt with the Easter Sunday massacre as revealed by Rev. Father Cyril Gamini Fernando, spokesperson for the National Catholic Committee for Justice (NCCJ).
The former Chilean President (2006-2010 and 2014-2018) Bachelet made two separate references to the 2019 Easter Sunday carnage. Let me reproduce them verbatim to ensure that The Island is not accused of trying to misinterpret facts.
Bachelet declared: “Despite various inquiries, the victims of the Easter Sunday bombings in 2019 and religious leaders continue to call urgently for truth and justice, and a full account of the circumstances that permitted those attacks.”
Referring to the Prevention of Terrorism Act (PTA), Bachelet said: “The Government has reaffirmed its intention to revisit the Act and established a Cabinet sub-committee for this purpose. However, I am deeply concerned about the continued use of the Act to arrest and detain people. Lawyer Hejaaz Hizbullah has now been detained for 16 months under the Act without credible evidence presented before a court. Likewise, Ahnaf Jazeem, a teacher and poet, has been detained without charge since May 2020. I urge an immediate moratorium on the use of the Act, and that a clear timeline be set for its comprehensive review or repeal.”
Bachelet conveniently refrained from stating why the one-time Attorney General’s Department Counsel Hizbullah (2005-2010) is in government custody. Bachelet was careful not to include Hizbullah’s arrest in the paragraph that dealt with concerns raised by the Catholic Church as regards the investigation into the heinous crime. In fact, the UK-led self-appointed Sri Lanka Core Group at the UNHRC on more than one occasion raised Hizbullah’s detention without making reference to the Easter Sunday carnage.
Now that the Catholic Church has declared that it had no option but to seek the intervention of the Vatican and UNHRC to pressure the government over the Easter Sunday investigation, Malcolm Cardinal Ranjith should explain his stand on the detention of lawyer Hizbullah in connection with the Easter carnage.
The Criminal Investigation Department (CID) arrested Hizbullah on April 14, 2020. The lawyer was charged on March 3, 2021.
Why did Bachelet make reference to Hizbullah’s arrest without directly naming him as an Easter Sunday suspect? Did UNHRC conduct its own inquiries before taking up Hizbullah’s issue at the 48th session?
Although Sri Lanka Core Group had referred to Hizbullah in its statements (44th, 45th, and 47th sessions) previously, Bachelet, in her statements to the council, had never mentioned the lawyer by name before the 48th session. May be Bachelet is simply prostituting her independence like so many UN big shots on matters of Western interests. No wonder, one of the first things that the Iraqi rebellion against the US-led invasion of that country did was to blow up the UN compound in Baghdad!
Sri Lanka Core Group comprises Germany, Canada, North Macedonia, Malawi, Montenegro, and the United Kingdom.
Obviously, both Bachelet and the Core Group have taken the Sri Lanka civil society (read Western backed NGOs’) stand on the lawyer. A number of civil society organisations made public statements on behalf of Hizbullah though the government insists on the lawyer’s involvement with extremists. Defence Secretary General Kamal Gunaratne in the run-up to the Geneva sessions declared that the government had irrefutable evidence as regards Hizbullah’s role in the suicide attacks blamed on the now proscribed National Thowheed Jamaat (NTJ) and other organisations with similar ideology.
Those who stood for him have described the lawyer as a minority rights advocate and legal counsel for Muslim victims of human rights violations. Amnesty International is among the groups that expressed concerns over Hizbullah’s arrest. The lawyer, held under the PTA, has handled litigation before the Labour Tribunals and Magistrate’s Courts to the Supreme Court.
Let us, however, not forget a very important fact about AI. It corroborated a fantastic piece of ‘evidence’ after the Iraq’s invasion of Kuwait in which a weeping teenager told the US Congress how she witnessed the invading Iraqi army pulling premature babies from their incubators in a Kuwaiti hospital. Later it came to light that she was merely acting from a prepared script and she was none other than the daughter of Kuwait’s then ambassador to Washington. And she was nowhere near the action. Her performance would have easily beaten Bush/Blair’s Weapons of Mass Destruction script.
Truth certainly is a first casualty when states go into war, but what about so-called neutral umpires like AI when they too make truth a casualty?
The European Parliament’s June 10, 2021 Resolution on Sri Lanka referred to Hizbullah. The lawyer seemed to be blessed with sufficient support both here and abroad to move even the UN system. The UNHRC taking up the Easter Sunday issue should be a matter for serious concern. The UNHRC meets thrice a year. With the Vatican, too, taking an active interest in the controversial investigation, UNHRC and Sri Lanka’s self-appointed Core Group are likely to keep it on the Geneva agenda.
SLPP in quandary over MS
The Church accuses the SLPP government of turning a blind eye to the recommendations made by the Presidential Commission of Inquiry the (PCoI). In spite of repeatedly assuring the Church of transparent investigation and judicial process, free of political interference, the Church is furious over what it calls the the government’s failure to act on the PCoI report. The bone of contention is alleged attempts to save former President Maithripala Sirisena and the then head of State Intelligence Service (SIS) Senior DIG Nilantha Jayawardena.
Before taking up the PCoI’s specific recommendations pertaining to the former President and the Senior DIG, now turned state witness and in charge of the Central Province, it would be pertinent to name members of the PCoI appointed by Sirisena on Sept 22, 2019. Senior DIG Jayawardena received appointment as Senior DIG, East, in early January 2020 in the wake of the last presidential election.
Supreme Court judge Janak de Silva (Chairman), Court of Appeal judge Nishshanka Bandula Karunaratne, retired Supreme Court judges Nihal Sunil Rajapaksha and A. L. Bandula Kumara Atapattu and former Secretary to the Ministry of Justice W. M. M. R. Adhikari. H. M. P. Buwaneka Herath functioned as the Secretary to the Commission.
The PCoI handed over its final report to President Gotabaya Rajapaksa on Feb 1, 2020. The first and second interim reports were handed over to President Gotabaya Rajapaksa on December 20, 2019 and on March 02, 2020 respectively.
In spite of President Rajapaksa no sooner after assuming office inquiring from Malcolm Cardinal Ranjith whether he wanted to suggest a new member or two to the PCoI, the Archbishop declined the opportunity for obvious reasons.
Rev Father Cyril Gamini Fernando has declared that there couldn’t be any justifiable reason for the refusal on the part of the government to implement the PCoI recommendations.
Rev. Fernando described the appointment of a six-member Committee, headed by Minister Chamal Rajapaksa to study the PCoI recommendations as well as the report of the Sectoral Oversight Committee on National Security submitted to Parliament, as political intervention meant to derail the process.
The six-member committee comprised ministers Chamal Rajapaksa, Johnston Fernando, Udaya Gammanpila, Ramesh Pathirana, Prasanna Ranatunga and Rohitha Abeygunawardena.
Rev Father Fernando declared they were quite horrified by Attorney-at-Law Harigupta Rohanadeera’s revelation that Senior DIG Jayawardena, named by the PCoI, would be a state witness. Rohanadeera made the declaration in his capacity as the Director General, Legal Affairs, President’s Office.
Rohanadeera was on Hiru ‘Salakuna,’ a live weekly programme telecast on Mondays. Obviously, those in authority hadn’t given due consideration to their own report, the Church spokesperson said, vowing to pursue a campaign for justice.
The Island sought a clarification from those closely following the case. The writer was told that Senior DIG Jayawardena would be a prosecuting witness in respect of indictments filed in cases to be heard beginning next month. But, in respect of cases pertaining to negligence, the Senior DIG wouldn’t be there as a prosecution witness.
SLPP troubled by key recommendations
The PCoI declared that there is criminal liability on the part of former President Sirisena for failing in his duties and responsibilities. The PCoI alleged Sirisena’s failure exceeds mere civil negligence. On the basis of evidence gathered, the PCoI recommended that the Attorney General consider criminal proceedings against the former President under any suitable provision in the Penal Code (PCoI Final Report, Vol. 1, p 265).
This recommendation, the first in a series of references, posed quite a political challenge as the former President Sirisena is now a member of the ruling SLPP parliamentary group. As the leader of the SLFP, the main constituent of the SLPP, judicial or otherwise measures against Sirisena who returned to Parliament from his home base of Polonnaruwa at the last parliamentary election can place the SLPP-SLFP relationship in jeopardy. The SLFP parliamentary group headed by Sirisena consists of 14 members, including the leader. Of the 14, 12 successfully contested on the SLPP ticket, one entered on the SLPP National List (Dr. Suren Ragavan) and one entered on the SLFP ticket.
The issue is whether the SLPP-SLFP partnership can survive if the Attorney General moves court against the former President. The Church is unlikely to take that factor into consideration as it steps up pressure on the SLPP administration. The government will find itself in an extremely difficult situation. Similarly, the UNHRC, too, faces a dicey situation. On one hand, Geneva wants Sri Lanka to go the whole hog against perpetrators of the Easter Sunday attacks. And on the other hand, it is seriously concerned about lawyer Hizbullah held over the Easter Sunday carnage. The UNHRC, too, is also in a dilemma.
Deputy Solicitor General Dileepa Peiris is on record as having compared the role of Hizbullah to that of the late Anton Balasingham, British national of Sri Lankan origin, who functioned as the LTTE’s ideologue until his very end.
The government parliamentary group comprises 145 members. The SLPP leadership is aware that their relationship with the SLFP is on thin ice against the backdrop of pressure to move against the former President. The SLPP does not want to lose the SLFP’s support at this moment.
The PCoI also recommended criminal proceedings under any suitable provision in the Penal Code (PCoI Final Report, Vol 1, pages 287-288) in respect of Senior DIG Jayawardena.
The government seems largely reluctant to implement the recommendations or delve into certain observations made by the five-member expert P CoI. Interestingly, the Church, in a missive dated July 12, 2021, addressed to President Rajapaksa, has questioned the rationale in the PCoI conveniently failing to make any specific recommendation in respect of the then Premier Ranil Wickremesinghe in its final findings, thereby literally alluding to possible bias on the part of PCoI vis-à-vis the UNP Leader.
To be fair by the PCoI it clearly pointed out Wickremesinghe’s lax approach towards Islam extremism, which deprived the then administration of an opportunity to take tangible counter measures. The PCoI asserted the UNP leader’s failure facilitated the Easter Sunday carnage (PCoI Final Report, Vol 1, pages 276-277). The Church declared: “Our view is that there should be additional investigations on this matter. We need not stress that there on that fact, Wickremesinghe, in spite of his holding special powers under the 19th Amendment, followed a soft approach. It is, in our view, a serious act of irresponsibility and neglect of duty.”
Links between suicide bombers and political parties
A wider investigation is required to find out the actual links between the Easter Sunday attackers and political parties. The SJB has repeatedly demanded justice for the Easter Sunday victims. But, Vanni District MP Rishad Bathiudeen, leader of the All Ceylon Makkal Congress (ACMC), now in judicial custody, remains with the main Opposition party. The SJB demands implementation of the PCoI recommendations but has chosen to remain silent on Bathiudeen. The PCoI has recommended criminal proceedings against Bathiudeen under any suitable provision of the Penal Code whereas reference was also made to his brother, Riyaj Bathiudeen now also back in custody.
It would be pertinent to mention that Riyaj who had been taken into custody was clandestinely released by the CID under controversial circumstances. The release coincided with some members of the ACMC voting for the 20th Amendment passed by the Parliament in Oct 2020.
A majority in the SLPP demanded an inquiry from President Gotabaya Rajapaksa and Premier Mahinda Rajapaksa into Riyaj’s release. The then Attorney General, too, sought an explanation from the CID. The government never revealed why Riyaj was released. However, he was taken back into custody later following a growing outcry over his abrupt release.
The ACMC leader has served in the cabinet of Mahinda Rajapaksa (2020-2015) and President Maithripala Sirisena (2015-2019). The incumbent government cannot ignore accusations that during Rishad Bathiudden’s time as the Trade and Commerce Minister of MR and MS cabinet, the politician supported the Colossus copper factory at Wellampitiya managed by the family of two of the Easter Sunday suicide bombers, Imsath Ahmed Ibrahim and Ilham Ahmed Ibrahim and their father, Mohamed Ibrahim, the founder of Colombo-based Ishana Exports, which describes itself on its website as the ‘largest exporter of spices from Sri Lanka since 2006.’
The JVP never really explained the circumstances Mohamed Ibrahim ended up on their National List at the 2015 parliamentary election. Ibrahim is in custody.
Colossus management had direct access to the highest Offices in the land. During the Yahapalana administration, the Colossus sought supply of copper from the Presidential Secretariat. Interestingly, defeated UPFA lawmaker Shantha Bandara had been the recipient of the Colossus letter at the Presidential Secretariat. Shantha Bandara is now a member of the ruling SLPP. Bandara represents the Kurunegala District.
2019 presidential election
Defence Secretary Gen. Kamal Gunaratne and Rohanadeera recently countered accusations that the 2019 Easter attacks were meant to benefit SLPP candidate Gotabaya Rajapaksa. ‘Salakuna’ anchor Chamuditha Samarawickrema raised the issue with Rohanadeera, who pointed out that the results of the 2018 Feb Local Government polls indicated the ground situation at that time. Gen. Gunaratne declared at a recent meeting that there was absolutely no basis for such accusations and it was a despicable attempt to tarnish President Gotabaya Rajapaksa.
Academic Dr. Rajan Hoole’s ‘Sri Lanka’s Easter Tragedy: When the Deep State gets out of its Depth,’ discussed the circumstances leading to the Easter carnage. Hoole shed light on the complex web of secrets/situations/relationships that led to the Easter carnage. Dr. Hoole, who authored ‘The Arrogance of Power: Myths, decadence and murder,’ in January 2001, blamed the State elements for the attack. Dr. Hoole is unambiguous in his accusation that those who backed SLPP candidate Gotabaya Rajapaksa created an environment to deprive the Muslims of an opportunity to vote at the Nov 2019 presidential election. The author asserted that attempt failed while making reference to the plantation Tamils being disenfranchised in 1949, consequent to the 1948 Citizenship Act.
In Chapter 4, Dr. Hoole briefly discussed the possibility of the failure on the part of the now proscribed NTJ to secure representation in Parliament at the August 2015 general election. Had the NTJ succeeded in securing a foothold in Parliament, the Easter Sunday carnage might not have happened, Dr. Hoole asserted, declaring that the NTJ adopted an aggressive strategy, in the wake of the electoral failure. Dr. Hoole based his quite controversial assessment on an electoral agreement, involving the NTJ, M.L.A.M. Hizbullah of the UPFA (United People’s Freedom Alliance) and Abdul Rahuman and Shibly Farook (both members of SLMC-Sri Lanka Muslim Congress, a constituent of the UNP-led coalition).
Dr. Hoole likened the attempt made by Kattankudy-born Zahran Hashim to have some of his nominees, in Parliament, to that of Prabhakaran’s successful arrangement with R. Sampanthan of the TNA. In terms of the agreement finalised in 2001, the TNA acknowledged the LTTE as the sole representative of the Tamils, two years after the high-profile assassination of TULF lawmaker, Neelan Thiruchelvam, in 1999.
President Sirisena had no qualms in accommodating defeated M.L.A.M. Hizbullah in Parliament on the UPFA National List. Hizbullah was among over half a dozen defeated UPFA candidates, accommodated on its National List. National List MP Hizbullah functioned as the Batticaloa political lord until he resigned in January 2019 to pave the way for President Sirisena loyalist, Shantha Bandara, to enter Parliament (The man who helped Colossus procure scrap copper from the state at a nominal price usually reserved for craftsmen and cottage industrialists). Hizbullah was named the Eastern Province Governor. At the time of the Easter attacks, Hizbullah served as the Eastern Province Governor and Chairman of the controversial Batticaloa Campus (Pvt) Limited.
In a report presented to the Parliament Sectoral Sub-Committee on Higher Education and Human Resources, the scandalous politician identified himself as Dr. M.L.A.M. Hizbullah. In spite of failing to get elected from the Batticaloa District with NTJ backing, did Hizbullah serve the interests of Zahran Hashim?
Whatever the political parties may say, both major political alliances, the SLPP and the SJB are tainted. There is no point in denying the fact that the way the TNA continues to politically suffer due to its disgraceful alliance with the LTTE sometime ago, other political parties and alliances experience difficulties as a result of their relationship with Zahran’s group.
Broadcasting Regulatory Commission Act jolts Opposition
New laws contemplated by the government appears to have caused much concern among Opposition political parties for obvious reasons. The constitutionality of the proposed Broadcasting Authority Bill is expected to be challenged in the Supreme Court. The whole process of law making raised quite a stir in the wake of the recent shocking Supreme Court determination that one-third of the Bill titled ‘Central Bank of Sri Lanka’ is contrary to the Constitution and several dozens of amendments are required to pave the way for its passage with a simple majority. It also shows that our judges have a backbone and are not easily swayed by the incumbent all-powerful Executive President, who is only there on a ‘contract’ to complete the remainder of the previous President Gatabaya Rajapaksa’s term after he was ousted by violent protests instigated from outside.
By Shamindra Ferdinando
The Wickremesinghe-Rajapaksa government, continuing to struggle on the economic front, is keen to consolidate its position, both in and outside Parliament.
The media has emerged as the major challenge to the government due to the failure on the part of the Opposition to adopt a cohesive political strategy.
Both the government and the Opposition seem to be in disarray and unable to come to terms with the continuing political-economic and social crisis, fuelled by external forces.
The move to introduce a controversial Broadcasting Regulatory Commission Act should be examined, taking into consideration current political and economic challenges faced by the incumbent administration.
Did the Justice Ministry or the Media Ministry, at least, informally consult President Ranil Wickremesinghe, who is also the Minister of Defence, in addition to being the Finance Minister and the Commander-in-Chief of the Armed Forces, on the proposed Broadcasting Regulatory Commission Act, at least after being so thoroughly educated by the highest court in the land on the ‘Central Bank of Sri Lanka’ Bill? A section of the Opposition believes the President hadn’t been aware of this move.
However, former External Affairs Minister and SLPP rebel Prof. G. L. Peiris and Frontline Socialist Party (FSP) spokesman Pubudu Jayagoda didn’t mince their words when they alleged the whole exercise was for the benefit of President Wickremesinghe. Prof. Peiris has alleged that the President intended to rein in media in line with his overall political strategy to consolidate his power whereas Jayagoda explained how the Wickremesinghe-Rajapaksa government launched the project soon after the UNP leader’s election as the President in late July last year. Jayagoda insists that the Cabinet has cleared the Bill.
The Broadcasting Regulatory Commission and the committee tasked to investigate complaints against television and radio stations would be dominated by the President’s men to such an extent, it couldn’t be expected to discharge its responsibilities in an impartial manner. Jayagoda pointed out how two persons of the Regulatory Commission could take far reaching decisions regardless of the consequences. In case any member failed to carry out directives received from the President, he or she faced the axe.
Jaygoda questioned the absurdity in appointing the commission for a period of five years in line with the five-year presidential term. Both Prof. Peiris and Jayagoda emphasized the grave danger posed by the President exercising power over the media regardless of some sections of the media pursuing politically motivated agendas.
Against the backdrop of fierce criticism of the proposed law, Justice Minister Dr. Wijeyadasa Rajapakse, PC, on 02 June came up with the face saving reply that no final decision has been taken in this regard.
The former President of the Bar Association said that the issue at hand was still under discussion and a set of proposals, pertaining to the proposed Broadcast Authority Act, were in the public domain. The Minister insisted that the relevant bill is yet to be prepared.
The Colombo District lawmaker said so in his capacity as the Chairman of a Cabinet sub-committee tasked with preparing a regulatory mechanism in this regard. The Cabinet-sub-committee consists of Media Minister Bandula Gunawardena, Labour Minister Manusha Nanayakkara, Health Minister Keheliya Rambukwella and Ports and Shipping Minister Nimal Siripala de Silva.
The media raised the proposed Bill with Minister Rajapakse at a briefing in the Justice Ministry especially called to address issues pertaining to the Office of the Missing Persons (OMP) established in 2016 during the Yahapalana administration.
Dr. Rajapakse has assured that media organizations would be given an opportunity to make representations in this regard.
The latest controversy over the proposed Bill with a set of proposals outlining its possible content already in the public domain, should be examined against the backdrop of strong opposition to the proposed Anti-Terrorism Bill and Bill titled ‘Central Bank of Sri Lanka.’ In addition to those disputed and much discussed Bills, a major debate is likely over the proposed Budget Office. The text of the Bill meant to specify the powers, duties and functions of the Budget Office is now in the public domain. The government certainly owed an explanation as to why it cannot seek a consensus with the Opposition at the relevant consultative committee/sectoral oversight committee in this regard. The country is in such a desperate situation, it cannot under any circumstances afford further political turmoil.
Unfortunately, the government appears to be hell-bent on bulldozing its way through the legislature, regardless of whatever consequences.
The recent sacking of Janaka Ratnayake, the outspoken and highly ambitious Chairman of the Public Utilities Commission underscored the government strategy.
Ratnayake is on record as having said before a parliamentary watchdog committee that he received the influential position for serving the Rajapaksas. But, he was removed by the Rajapaksas’ SLPP at the behest of President Ranil Wickremesinghe. Altogether 123 lawmakers voted for the motion to remove Ratnayake whereas 77 opposed. Government member Ali Sabri Raheem voted against the motion to protest against the failure on the part of President Wickremesinghe and Premier Dinesh Gunawardena to intervene on his behalf after he was caught with undeclared gold and smartphones worth Rs 74 mn and Rs 4.2 mn, respectively, while coming through the VIP/VVIP channel at the BIA, where such people are normally whisked through without any checks.
Rebel SLPP lawmaker Prof. Charitha Herath mounted a no holds barred attack on the proposed Broadcasting Authority Act. At his regular briefing at Nidahasa Jathika Sabhawa (NJS) office at Nawala. The one-time Media Ministry Secretary explained how the proposed law could be utilized against television and radio stations which refused to toe the government line.
The NJS comprises 13 MPs elected and appointed on the SLPP ticket/accommodated on its National List.
Acknowledging the need and the responsibility on the part of the government to introduce the Broadcasting Authority Act, National List lawmaker Herath questioned the intention of those behind what he called a despicable move.
The country’s radio and television stations are allowed to operate in terms of the Ceylon Broadcasting Corporation Act (No 37 of 1966) and the Sri Lanka Rupavahini Corporation Act (No 06 of 1982), respectively. Herath also explained how the Telecommunications Act applied to broadcasting operations.
The MP said that no one could dispute the need to introduce a new law to regulate radio and television stations. But the proposed Bill now in the public domain revealed the government’s intention to suppress those who would dare to challenge it on whatever issue, lawmaker Herath said, warning the government of dire consequences if it pursued such a strategy.
Asked to explain, MP Herath alleged that the proposed Act dealt with radio and television stations in a manner that they were yet to be established in Sri Lanka. The architects of the new law conveniently ignored the fact that radio and television stations were in operation here for several decades and couldn’t be subjected to a new law the way it dealt with a new entrant.
“The bottom line is that the proposed Broadcasting Authority Act completely ignored Article 14 of the Constitution that guaranteed the freedom of speech and expression, including publication. If the enactment of the proposed Broadcasting Authority Act takes place as it is, that will deliver a deadly blow to democracy. We do not want a North Korea type situation here.”
Referring to the composition of the commission, MP Herath questioned the rationale in restricting the total number of members to five and the quorum three. Pointing out that of the five members of the proposed commission, two – a Secretary to a Ministry (most probably Media Ministry) and the Director General of Telecommunication Regulatory Commission were ex-officio, the lawmaker said the President would name three remaining members subject to the approval of the Constitutional Council.
Alleging that this commission would be nothing but a highly dangerous tool in the hands of those at the helm of political power, lawmaker Herath said that it could be used selectively against any media organization that took a stand contrary to that of the government in respect of any issue – ranging from national security to what the architects of this destructive piece of legislation called the national economy. The operations of the offending media could be either suspended or permanently closed down, the academic said, urging the print and electronic media to vigorously take up this issue.
MP Herath lambasted the government for seeking to prohibit the media taking up economic issues. Alleging that such provisions were political, the lawmaker said that the issue is who would interpret the term ‘national economy’ in an economically ruined country. Would it be President Wickremesinghe, in his capacity as the Finance Minister, Governor of the Central Bank Dr. Nandalal Weerasinghe, State Finance Minister Shehan Semasinghe or the International Monetary Fund, he asked
Prof. Herath expressed serious concern over the proposed committee consisting of three persons headed by the Director General, TRC, to investigate complaints directed at radio and television stations. Pointing out that there is ambiguity pertaining to the appointment of such a committee, the MP questioned how two out of the three-member committee could decide either to suspend or permanently close down operations of an ‘offending’ broadcaster.
Impact on Parliament
However, MP Herath didn’t discuss how the proposed new law could even hinder the coverage of parliamentary proceedings as well as the reportage of shocking disclosures at parliamentary watchdog committees. Depending on the stand taken by the government on a particular issue, in terms of the Broadcasting Authority Act, action can be initiated against a television station for its reportage on a matter even discussed in Parliament.
The UNP may use the new law to suppress reportage and discussion on Treasury bond scams perpetrated in 2015 and 2016 under its watch. The SLPP may find the new law useful to pressure the media over the reportage of circumstances leading to the economic ruin due to a spate of ill- advised decisions taken by President Gotabaya Rajapaksa.
The committee tasked with investigating complaints against media organizations may find even the exposure of serious lapses on the part of the bureaucracy offensive. A case in point is the shocking disclosures made in the relevant parliamentary watchdog committees how the officialdom addressed critical issues at hand. The recent revelation that taxes, interest and penalties amounting to Rs 904 bn hasn’t been collected by the Inland Revenue underscored the need to address this issue urgently.
During the media briefing lawmaker Herath explained how the media could be targeted on the basis of alleged abuses in the coverage of issues. In the absence of interpretation of the term abuse of power, the committee headed by the Director General, TRC would be able to find fault with any broadcaster to appease his/her political master. It would be pertinent to mention that just two out of a three-member committee is authorized to decide on the fate of a media organization. Even the criticism of the controversial postponement of the much delayed Local Government polls indefinitely may attract the attention of the Broadcasting Authority as the government propagated the myth that economic recovery should be given priority, therefore election process can wait.
Prof. Herath explained how members of the commission can be removed in case they didn’t toe the government line. Instead of the very purpose a Broadcasting Authority is required to primarily have a level playing field, the one proposed can be a threat to media freedom. In the hands of politicians who pursue destructive self-aggrandizing strategies regardless of consequences, therefore the proposed Broadcasting Authority can be a tool to harm the free media. Prof. Herath regretted that the previous attempts to establish a Broadcasting Authority hadn’t been successful.
Harsha takes a strong stand
Samagi Jana Balavegaya (SJB) front liner Dr. Harsha de Silva is another MP who came out strongly against the proposed law. The former UNP non-Cabinet minister flayed the government over the move at a media briefing held at the Opposition Leader’s Office on Sir Marcus Fernando Mawatha.
The top SJB spokesman warned that this legislation, touted as an effort to advance the mass media, actually would serve as a tool for the government to crack down on and manipulate the media to suit its own agenda.
According to Dr. de Silva, the proposed Broadcasting Authority Bill contained provisions that enabled the government to exert pressure on and control media outlets that do not align with its ideology. Such measures, the economist argued were fundamentally incompatible with the principles of a democratic society.
“One of the cornerstones of a democracy is the freedom to hold differing opinions. The media cannot be subject to the whims of a particular authority that operated at the behest of the government. The media should enjoy the independence to express their views”, Dr. de Silva asserted. “This right to free expression is a fundamental tenet of any democratic society. The proposed Broadcasting Authority Act aims to stifle the media, and we will not stand for it”.
Dr. de Silva further cautioned that the government’s motives behind this legislation mirror its previous attempts to suppress the media through the failed Anti-Terrorism Act. The MP asserted that, having faced resistance to their oppressive measures, the government is now seeking alternative avenues to fulfill its objective of muzzling critical voices, and the Broadcasting Authority Act is their latest attempt to do so.
The concerns raised by Dr. Harsha de Silva who was once widely tipped to be the Finance Minister of the Wickremesinghe-Rajapaksa government, underscored the need for a robust and independent media, one that could act as a vital check on governmental power and foster a thriving democratic society. The MP stressed the pivotal importance policymakers and citizens alike closely examine the proposed legislation and its potential implications on press freedom, ensuring that any changes made to media regulations did not infringe upon the democratic principles that underpin our society.
SJB and Opposition Leader Sajith Premadasa has alleged that the government’s latest bid was meant to create an environment in which only those who propagated the government line could operate.
Lawmaker Premadasa has said that the move to throttle the media seemed to be a critical part of the government’s overall strategy and should be considered as an extremely dangerous move against the backdrop of indefinite postponement of Local Government polls. MP Premadasa, like his opposition colleagues Prof. Herath and Dr. de Silva, alleged the licenses were to be issued on the basis of the media organizations’ loyalty to the government.
Several decades ago, Sri Lanka exercised censorship to control the media, at a time television posed no real challenge.
Having joined The Island in June 1987, the writer remembered how print media had to submit all ‘copies’ that dealt with security and political issues to the government censor for approval. Successive governments imposed censorship to cover up military reversals in the Northern and Eastern Provinces and part of the overall strategy to deal with the second JVP-led insurgency 1987-89.
Successive governments harassed the print media and attacks directed at journalists and private media institutions over the years were part of that despicable strategy. Whatever the provocations, the assassinations of journalists cannot be condoned. Perpetrators of such heinous crimes had never been arrested. The assassination of The Sunday Leader Editor Lasantha Wickremetunga on January 08, 2009 is perhaps the case that attracted the most media coverage though there were many other attacks.
Keith Noyahr, Defence correspondent at the now defunct The Nation newspaper earned the wrath for his critical weekly column titled ‘Military Matters.’ His abduction and subsequent release in May 2008 exposed the then government though the investigation was never brought to a successful conclusion even after the defeat of that government in January 2015!
The proposed Broadcasting Authority Bill has taken the government’s battle (whichever party in power) to a new level. Now political strategy is aimed at closing down whole television or radio stations.
Jayantha Dhanapala (1938 – 2023)
By Tissa Jayatilaka
The splendid career as well as the many glittering prizes won by Jayantha Dhanapala is common knowledge and does not require reiteration here. Rather I wish to focus on the man himself in this tribute to an exceptional person whom I had the privilege of getting to know personally at the tail end of the 1980s. I had of course heard of Jayantha and his many accomplishments long before our first meeting. Having read a newspaper review of North-South Perspectives, an international affairs journal that I edited, which focused on the promotion of greater understanding between the ‘developed’ and the ‘developing’ world, Jayantha telephoned me to ask if we could meet. I readily agreed and thus began a friendship that lasted until his death a few days ago.
Although I had not known at the time of that first meeting of ours, I soon learnt that encouraging those of the younger generation to contribute their mite to the betterment of Sri Lanka and the world outside of her shores was a priority for Jayantha. In the process, he enabled those of us who came into contact with him to better ourselves in order to continue to give of our best. In his appreciation of Jayantha ‘s life and career, former diplomat A.L.A. Azeez (who joined the Sri Lanka foreign service in 1992) talks at length of the marvellous role of guide and mentor of younger colleagues, including himself, that Jayantha played throughout his days in the foreign service. In the same spirit, after his retirement from the UN and upon his return to Sri Lanka, he served as a Trustee and member of the Board of Advisers of Sri Lanka Unites, mentoring a local youth movement dedicated to the transformation of Sri Lanka to a land free of religious and ethnic strife. He was involved from the inception in the establishment of the Friday Forum, an informal and self- financed group of older citizens dedicated to democracy, good governance, human rights and the rule of law.
Our friendship grew over the years, I happen to think, because we shared much in common. We both schooled and spent our formative years in Kandy– he at Trinity in the 1950s and I at Kingswood in the 1960s. Later he and I both entered the University of Ceylon, Peradeniya at different times, given that he was a decade older, where we both read for the Special Degree in English. His extra-curricular activities at Peradeniya, like mine, included sports– rugger in his case and cricket in mine– and theatre. We both took part in plays, held office and were participants in the diverse activities of the University Drama Society (DramSoc).
Jayantha and I also shared a fondness for the spoken and written word and, not infrequently, combined our resources in this area. We jointly edited A Garland for Ashley: Glimpses of a life celebrating the life of Ashley Halpe and His 50 Years of University Teaching (2008). He was instrumental in making me the editor of SIRIMAVO – Honouring the world’s first woman prime minister (2010) for which publication he wrote an excellent essay on The Foreign Policy of Sirimavo Bandaranaike. He contributed a chapter titled, A City Upon a Hill for Excursions and Explorations Cultural Encounters Between Sri Lanka and the United States that I put together in 2002. He reviewed Peradeniya: Memories of a University (1997) that I jointly edited with K.M. de Silva. Jayantha served as keynote speaker while I introduced the publication at the launch of the late Tissa Abeysekera’s collection of essays on culture and the arts titled, Roots, Reflections and Reminiscences (2007). A couple of years ago, Jayantha and I teamed up one more time to write an essay titled, A Study in ‘Creative Compassion’ for The Fourth Lion – Essays for Gopalkrishna GANDHI (2021) edited by Venu Madhav Govindu and Srinath Raghavan.
In the 1990s, when our friendship had matured to an extent that I could ask the Dhanapalas for a personal favour, I would on certain of my regular visits to the United States, stay with Maureen and Jayantha whenever they were free of pressing official commitments. I stayed with them in Washington while he was our ambassador (1995-1997) and later in New York when he was serving as Under-Secretary General for Disarmament Affairs (1998-2003). In New York, they would book tickets in advance for plays on Broadway to make my visits even more enjoyable. Their friendship and warm hospitality knew no bounds. I also recall a visit to the UN with my wife Lilani and our daughter Lara when Jayantha hosted us to lunch at a restaurant in the premises of the UN headquarters.
No account of Jayantha would be complete without a reference to the solid and sensitive supporting role played by Maureen in his life and career. She was a superb fellow-traveller who had known Jayantha from a very young age and were fellow undergraduates at Peradeniya as well. If marriages, as we are told, are indeed made in heaven, then theirs undoubtedly would be one of them. They were an extremely compatible and congenial pair to the very end. After their return to Sri Lanka, we had the opportunity to meet Jayantha and Maureen in more relaxed settings over food and drink, either at our home or theirs or in the homes of common friends.
Lilani and I went up to Kandy to spend a long- promised weekend with our senior colleagues and intimate friends Gananath and Ranjini Obeyesekere at April’s end. Knowing of our strong desire to meet Jayantha and Maureen during our visit and, as all of us were close mutual friends, our kind and thoughtful hosts invited the Dhanapalas to lunch at their lovely home. It was when we sat to lunch that it struck me that all six of us around the table, belonging to different eras, had been through the Department of English and read for the Special Degree in English at the University of Ceylon, Peradeniya which later became the University of Peradeniya. Little did we know that one of us would be gone in less than a month and not be around for another meeting over lunch! Impermanence is all.
My one-time teacher (he taught Lilani too, in later years), senior colleague in Peradeniya’s Department of English and close friend, Professor Thiru Kandiah, and his wife Indranee, have shared a friendship of much longer standing with the Dhanapalas. Thiru was a year senior to Jayantha at Peradeniya while Indranee and Maureen, who had been schoolmates and close friends at Girl’s High School, Kandy, resumed their friendship at a later date at Peradeniya. Their fathers had been members of the Trinity College staff, very close friends and neighbours. Trinity’s Lemuel House was founded when Jayantha was a student at the school with Indranee’s father, the illustrious teacher and Head Master Mr. R.L Kannangara in charge. Jayantha was one of the most outstanding students of Lemuel and Indranee’s father soon came to respect and, also like him very much.
The Kandiahs now live in Perth, Australia and realising that they may be unaware of Jayantha’s passing, I wrote to inform them of the sad event. Soon there was a flurry of emails exchanged amongst the three of us and I found myself in total agreement with their assessment of the Dhanapalas.
Here is Thiru on Jayantha:
Jayantha was held in especially high esteem and regard by absolutely everybody. This was not least for the obvious brilliance of his mind. But closely allied with that, there was in addition this very distinctive way in which he tended to come across to people in his interactions with them- as of his very nature a signally intellectual sort of person: always impeccably reasoned, and very definitely and firmly so, if in an unostentatious and quietly unassertive, also exemplarily courteous, manner that lent him great dignity; with the unmistakable integrity of the positions he adopted on matters and what he stood for adding considerable power to the strikingly impressive impact he had on people.
Indranee’s pertinent observation is that Maureen is as good natured as she is beautiful and gentle and that the school, “could not have found a better head prefect than her”. She goes on to say that Maureen’s father was a very caring and helpful person and her mother, a gentle and gracious lady. These are sentiments that deserve to be widely shared and hence my doing so.
All in all, Jayantha Dhanapala was a formidable personality, though, never aggressive or unapproachable. He was friendly and unfailingly courteous at all times. I wish to end this tribute with another most appropriate quote from Thiru Kandiah:
Much will, I am sure, be said and written of Jayantha at this time of his leaving us. But the man we were fortunate to know and whom we had such affection and respect for will remain in our hearts and minds as long as we are around.
By Lynn Ockersz
It’s been over four decades,
Since the torching and gutting,
Of the Jaffna Public Library,
That venerable Beacon of Light,
For Asia and the world at large,
And the shame continues to well,
In the hearts of the righteous,
Over the fascist-inspired tragedy,
But it’s not too late, it’s plain,
To put things right fully,
By offering a hand of humanity,
To the people thus savaged,
And telling them that never again,
Will bigotry be allowed to reign,
In this isle of a plural identity….
And this is no formidable task,
For nation-builders genuine,
Who must stand up and be counted.
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