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Midweek Review

Former OMP Chief now at BASL helm

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By Shamindra Ferdinando

Editor of ‘Annidda’, Attorney-at-Law K.W. Janaranjana, in a piece in its Feb 21, 2021, edition that dealt with the election of Saliya Pieris, PC, as the President of the Bar Association of Sri Lanka (BASL), asserted that the government hadn’t made a special intervention in the contest.

The government hadn’t made political intervention, though a group of people, including the Secretary of the Sri Lanka Podujana Peramuna (SLPP), and its National List MP, and Attorney-at-Law Sagara Kariyawasam, made a bid to secure the backing of the government for Saliya’s rival. Such attempts made at the provincial level, too, failed to produce the desired results.

Saliya Pieris, who succeeded Kalinga Indatissa, PC, polled 5,093 votes at the election conducted on Feb 24. His rival, Kuvera de Zoysa, PC secured 2,797 votes. The winner secured a staggering 2,386 vote majority – just 321 short of the number of votes polled by De Zoysa.

Janaranjana, a leading member of the civil society grouping Purawesi Balaya, who played a significant role in the yahapalana political campaign, claimed that some of the lawyers who represented top government figures, too, backed Saliya Pieris. Emphasizing that all of them worked for Saliya’s victory, Janaranjana dismissed assertions that the victory achieved by Saliya Pieris was a severe debacle suffered by the Rajapaksas.

Janaranjana attributed the President’s Counsel’s victory to his commitment to the rule of law, independence of the judiciary and human rights throughout his legal career.

 

A battle between SLPP and Opp.

 In spite of the government refraining from taking a stand, as pointed out by Janaranjana, the contest received unprecedented attention, with the lawyer electorate turning it into a battle between the SLPP government and the Opposition. Saliya Pieris, in an exclusive interview with Janaranjana, also published on the Feb 21, 2021 edition of Anidda, three days before the election, flayed the rival group. Pieris emphasized the responsibility, on the part of the BASL, to take a principled stand on contentious issues, regardless of the consequences. Pieris explained his public role since the arrest of High Court Judge Mahanama Tillekaratne, in 1998. Essentially, Pieris flayed the BASL for its failure to take up issues, such as the alleged attack on the Mannar Court by supporters of the then Minister Rishad Bathiudeen, during Mahinda Rajapaksa’s presidential term. However, Bathiudeen, leader of the All Ceylon Makkal Congress (ACMC), now represents the Samagi Jana Balavegaya (SJB).

Pieris also referred to the impeachment of Chief Justice, Shirani Bandaranayake 43, also during the previous Rajapaksa administration. However, there hadn’t been any reference at all to the BASL receiving Rs 2.5 mn sponsorship, in 2016, from disgraced Perpetual Treasuries Limited (PTL) in support of a high profile event conducted at a leading hotel, with the participation of the then Chief Justice, Attorney General, Solicitor General, the President and the Prime Minister. The BASL never explained why funds were obtained from PTL, despite its perpetration of Treasury bond scams, in Feb 2015, and March 2016.

The BASL should be also be seriously concerned about Hejaaz Hizbullah, a prominent lawyer arrested on April 14, 2020 over his direct involvement with the 2019 Easter Sunday attacks. Hizbullah was recently produced in court on a directive issued by Attorney General Dappula de Livera. The lawyer’s arrest, too, caused a sharp division among BASL members and contributed to the overwheming victory achieved by Pieris.

When the writer asked a lawyer, who voted for the winner, why he did so, he explained his position, on the condition of anonymity. The lawyer said: “Voted at the DC polling booth in Colombo. I didn’t vote last time. Lawyers preferred an anti-establishment candidate since the independence of the bar is paramount. On the other hand, lawyers detested hitherto unseen level of inducements being offered to win votes, as well as fabricated false accusations. Anonymous accusations and despicable strategies resulted in further revulsion towards the losing candidate. Unprecedented number of members turned up to ensure a resounding mandate to the winning candidate.

 

Saliya Pieris responds

 The writer sought views of the newly elected BASL President as regards several issues.

(Q) What would be your priorities?

(A) Securing the rights of lawyers in the profession; making a positive impact on issues pertaining to the rule of law, independence of the judiciary and protection of fundamental rights; supporting juniors in the profession and supporting the welfare of the membership.

(Q) You served as first Chairman, OMP (Office of Missing Persons), an apparatus set up in terms of the 2015 Geneva Resolution. GoSL in March 2020

quit the Geneva process. What can BASL do to address accountability issues, both during the conflict and the post war period?

(A) The role of the BASL is different from the OMP. As I have stated, upholding the rule of law, the independence of the judiciary will be a priority. All domestic institutions which address these issues must be independent so that the people who seek relief from them trust these institutions and have confidence in them.

(Q) You secured well over 2000 votes than your rival. How do you intend to win the confidence of those who voted against you?

(A) I have received support from lawyers, across the country and from every community and area. My support cut across all lines, be it party, race, religion or area. On the very day of the announcement of my election, I reached out to all those members who did not vote for me and will continue to.do so. At the same time, I am sure that the members who voted otherwise at the elections will work with me for the betterment of the bar.

(Q)What would you do to prevent deaths in police custody?

(A) Police torture and deaths in custody affect the rule of law and should be condemned. There must be zero tolerance. The Bar must carefully examine these issues and, if needed, lobby the government to ensure fair investigations and that the perpetrators are punished.

(Q) What is your stand on implementation of death penalty and presidential pardon?

(A) These have not been discussed at the Bar Council as yet. My personal view is that I am opposed to the implementation of the death penalty. On presidential pardons, I am of the view that the power of pardon must not be used unreasonably, and must be done by taking into account several factors including the nature of the crime and the views of the aggrieved party. 

Let me remind the readers of nine previous BASL Presidents, before Saliya Pieris, who won the presidency: Desmond Fernando, PC (2005 – 2006), Nihal Jayamanne, PC (2006 – 2008), W. Dayaratne, PC (2008 – 2010), Shibly Aziz, PC (2010 – 2012), Wijeyadasa Rajapakshe, PC (2012 – 2013), Upul Jayasuriya, PC (2013 – 2015), Geoffrey Alagaratnam, PC (2015 – 2017), U. R. De Silva, PC (2017 – 2019) and Kalinga Indatissa, PC (2019 – 2021).

Of those 17,200 eligible to vote at the Feb. 24 election, approximately 8,000 voted, though usually only about 6,500 voted in previous years. In other words, nearly 47 per cent chose not to participate in the process.

 

Who betrayed the country?

 Janaranjana discussed how the rival camp depicted Saliya Pieris as a person who betrayed the country by being involved in a treacherous international conspiracy to undermine the armed forces. According to Janaranjana, the rival camp exploited social media and other propaganda means to depict Saliya Pieris as a traitor whose election would lead to the division of the country, on ethnic lines. Janaranjana pointed out how the unprecedented victory achieved by Saliya Pieris proved the failure of the rival camp’s strategy.

Against the backdrop of unsubstantiated allegations, directed at Saliya Pieris, as regards his role as the Chairman of the OMP, it would be pertinent to examine the failure on the part of the BASL to genuinely address accountability issues related to Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE). The OMP was one of the four mechanisms established in terms of the controversial resolution 30/1 ‘Promoting reconciliation, accountability and human rights in Sri Lanka.’ The four apparatuses are (i) A hybrid judicial mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law (ii) A Commission for truth, justice, reconciliation and non-recurrence (iii) An Office for Missing Persons and (iv) and Office for Reparations.

The previous UNP-SLFP administration established the first permanent official body, tasked with tracking down missing persons, in terms of Act No. 14 of 2016. This was done in line with one of the recommendations in the 2015 UNHRC Resolution co-sponsored by the Government of Sri Lanka. Due to political turmoil, the government was able to establish the OMP two years after the Act was passed. The OMP initiated ‘operations’ in May 2018 with members visiting Mannar to meet the families of those disappeared in that District.

The OMP’s mandate, according to Part II Section 10 of the Office on Missing Persons Act, No. 14 of 2016:

(a) To search for and trace missing persons and identify appropriate mechanisms for the same and to clarify the circumstances in which such persons went missing;

(b) To make recommendations to the relevant authorities towards addressing the incidence of missing persons;

(c) To protect the rights and interests of missing persons and their relatives as provided for in this Act.

(d) To identify avenues of redress to which missing persons and relatives of missing persons are entitled to, and to inform the missing person (if found alive) or relative of such missing person of same.

(e) To collate data related to missing persons obtained by processes presently being carried out, or which were previously carried out, by other institutions, organizations, Government Departments and Commissions of Inquiry and Special Presidential Commission of Inquiry and centralize all available data within the database established under this Act.

(f) To do all such other necessary things that may become necessary to achieve the objectives under the Act.

Saliya Pieris received the appointment as Chairman, OMP on May 1, 2018. The civil society activist quit the Human Rights Commission of Sri Lanka (HRCSL) to take the leadership of the OMP. The outfit comprised Saliya Pieris, PC, Ms. Jayatheepa Punniyamoorthy, Major General (Rtd.) Mohanti Antonette Peiris, Sriyani Nimalka Fernando, Mirak Raheem, Somasiri K. Liyanage and Kanapathipillai Venthan.

The now defunct Constitutional Council picked the OMP members. The then President Maithripala Sirisena finalized their appointments. It would be pertinent to mention that OMP member Mirak Raheem had been a member of the Consultation Task Force on Reconciliation Mechanisms (CTFRM), headed by Attorney-at-Law Manouri Muttetuwegama. The outfit called for full participation of foreign judges in the proposed inquiry.

 

OMP’s intervention helps Lanka

The then Joint Opposition campaigned both in and outside the OMP, alleging the outfit would pave the way for unprecedented international scrutiny of the war-winning armed forces. However, thanks to OMP’s intervention, Sri Lanka was able to disapprove the high profile accusations, pertaining to the Mannar mass graves. Whatever the accusations, the OMP helped Sri Lanka to counter an extremely serious allegation raised in the run-up to the March 2019 Geneva sessions by UN human rights Chief Michelle Bachelet.

Bachelet served as the Chilean President for nine years, beginning 2006. Bachelet had been in an indecent hurry to pressure Sri Lanka over accountability issues and she blindly blamed the Mannar mass graves on the Sri Lanka Army before a leading US lab, contacted by the OMP, tested the bones and found them to be several centuries old and belonged to the colonial period. Unfortunately, the then government never bothered to further examine the Mannar mass graves case as part of an overall investigation into unsubstantiated allegations. In fact, Sri Lanka never properly examined the campaign conducted by interested parties to undermine post-war Sri Lanka.

President Mahinda Rajapaksa’s government brought the war to a successful conclusion in May 2009. Wartime disappearances are certainly politically sensitive issues, exploited by political parties here, as well as various other interested parties.

The scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains, sent from the Mannar mass grave site, quite upset the Tamil National Alliance (TNA). TNA appointed then Northern Province Chief Minister C.V. Wigneswarn rejected the US findings. Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.

The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.”

 

Disappearance of Ekneligoda

However, Sri Lanka cannot ignore the issue as disappearances took place during successive governments. Disappearances took place during the conflict and also in the post-war period. The disappearance of media personality Prageeth Ekneligoda on the eve of the 2010 January presidential election, is a case in point. The failure on the part of Sri Lanka to address Ekneligoda disappearance increased international pressure on Sri Lanka. The government owed an explanation as regards the media personality’s disappearance over a decade ago. There cannot be any rationale in blanket denial of accusations. In fact, efforts to deceive the public, and the international community in respect of perhaps isolated cases such as the Ekneligoda disappearance had facilitated the high profile Western strategy meant to subvert Sri Lanka on unsubstantiated war crimes allegations.

With Saliya Pieris at the helm of the BASL, it can certainly play a significant role in Sri Lanka’s effort to ascertain the truth. The new BASL Chief, with valuable experience as a member of the HRCSL as well as the Chairman, OMP, can undertake a thorough examination of events/developments leading to the final confrontation between the Army and the LTTE on the banks of the Nanthikadal lagoon, in the Mullaitivu district, on the morning of May 19, 2009. The BASL had been largely silent on the Geneva issue though one of its high profile members, TNA lawmaker M.A. Sumanthiran, declared, in mid-2016, the acceptance of foreign judges in local war crimes investigation mechanisms. The declaration was made in Washington in the presence of the then Sri Lanka’s Ambassador there Prasad Kariyawasam. The Foreign Ministry remained conveniently silent on the issue. In August 2017, Kariyawasam received the appointment as the Foreign Secretary, whereas President Sirisena brought in Tilak Marapana, PC, and a one-time Attorney General as the Foreign Minister. Marapana, too, followed the UNP strategy. The UNP-led government turned a blind eye to the UK House of Lords disclosure on Oct 12, 2017 how the British government suppressed confidential dispatches from its Defence Advisor in Colombo Lt. Col. Anthony Gash (Jan-May 2009). The UK, now leading the Sri Lanka Core Group targeting the country in Geneva, in the absence of the US, continues to shamelessly suppress dispatches, pertaining to Sri Lanka, as the disclosure of such would jeopardize the Western campaign against the country.

Perhaps the appointment of Saliya Pieris couldn’t have taken place at a better time for the country. The respected lawyer received the BASL leadership, the day Foreign Minister Dinesh Gunawardena responded to Michelle Bachelet’s damning report. The writer is of the opinion that Minister Gunawardena, in his speech, should have requested Michelle Bachelet, as well as the 47-members of the UNHRC, to re-examine all available evidence, information and data. Minister Gunawardena should have formally requested the UK, a member of the UNHRC, to disclose all such dispatches sent by Gash to London. The UK released only a section of heavily censored dispatches, following the unprecedented intervention made by Conservative Party veteran Lord Naseby. Sri Lanka pathetically failed to exploit Gash dispatches in spite of Lord Naseby raising the issue, ahead of the Geneva sessions. Let me reproduce the relevant question raised by Lord Naseby and the response received.

Lord Ahmad of Wimbledon, the Foreign, Commonwealth and Development Office, on Feb 16, 2021, told Parliament that the UK Government had not received any request from the Geneva Council for copies of dispatches written by the former defence attaché at the British High Commission in Sri Lanka Gash about events in Sri Lanka related to the civil war, and had not provided any.

Lord Ahmad was responding to Lord Naseby’s query raised on Feb 4, 2021, whether the UK government provided to UNHRC any (1) censored, and (2) uncensored, copies of dispatches from Lieutenant Colonel Gash, the former defence attaché of the British High Commission in Sri Lanka about events in that country between 1 January and 18 May 2009, relating to the civil war.

Unfortunately, Sri Lanka for some strange reason, refrained from raising the the US disclosure, in 2011, that battlefield executions didn’t take place, or confidential UN report that contradicted the main Geneva accusation the military massacred 40,000 civilians.

Perhaps, the BASL, under its new leadership, can examine the whole gamut of issues, with the focus on the UNSG’s Panel of Experts (PoE) report (March 31, 2011) that prevented examination of unsubstantiated war crimes allegations on the basis of which Sri Lanka co-sponsored the 2015 Geneva resolution. According to the PoE (paragraph 23, titled Confidentiality of the Panel’s records), the examination of unsubstantiated allegations wouldn’t be allowed till 2031 in terms of the UN directive. Even after the 20-year period of classification as confidential records, those unsubstantiated allegations wouldn’t be examined without a declassification review. Let us hope the BASL undertakes a thorough study on accountability issues. Pieris, is certainly the most qualified to lead the inquiry.



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Midweek Review

Pandemic Policies and Politics in South Asia:

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A Book Review

By Kalinga Tudor Silva

Jayathilake, N., De Silva, S. and Amarajeewa, A. eds. Implications of COVID-19 Pandemic for South Asia: Civil Society Perspectives. Colombo: Regional Centre for Strategic Studies in collaboration with Global Partnership for Prevention of Armed Conflict, 2021.

This edited volume published by the Regional Centre for Strategic Studies reflects on the impact of the COVID-19 pandemic on various countries in the South Asian region. This volume differs from much of the emerging body of literature on politics and governance of the pandemic in that it seeks to capture civil society perspectives relating to this public health crisis and humanitarian emergency, with South Asia emerging as a major hotspot of the global pandemic. This is timely and particularly relevant as the pandemic is still unfolding in many parts of South Asia and the related horror stories triggered by the humanitarian crisis in India are presently making global media headlines. As of now, we in Sri Lanka have our own struggle against the virus, with the so-called ‘new year cluster’ attributed to related cultural festivities and the emergence of a more virulent new strain of the virus, triggering a possible third wave of the pandemic. Given all these considerations, this new book deserves our close attention and critical reflection.

The book consists of nine chapters. The first three chapters deal with broader regional and multilateral issues relating to containing the pandemic in South Asia. The remaining chapters review specific country experiences in Sri Lanka, Pakistan, Nepal, Bangladesh, India, and Afghanistan, respectively. The book sets the tone for the volume as follows:

“COVID 19 pandemic is perhaps the most daunting challenge that South Asia has confronted so far in the new millennium. With the outbreak of the pandemic, many unprecedented developments are in motion in South Asia, affecting almost all aspects of social, economic and political life in the region…… South Asia will never be the same after the COVID-19 pandemic.” (p. ix).

Opening chapter by Uyangoda, traces the retreat of democracy and rise of what he calls “executive authoritarianism” particularly in India and Sri Lanka along with the onset of the pandemic. It highlights the systematic way the new regimes in the two countries have consolidated their power deploying exigencies relating to the containment of the pandemic as an excuse to advance authoritarian tendencies, suppress democratic opposition and curtail minority rights in these two of the oldest democracies in Asia. Citizenship Act in India passed immediately before the onset of the pandemic and 20th amendment in Sri Lanka introduced during the pandemic are clear examples of the authoritarian turn in the two countries. Subsequent developments, however, show that playing politics with pandemics, is a rather dangerous game as failures, mismanagement and the resulting public anger can turn against the same rulers who emerged through the pandemic as clearly demonstrated in the outcome of recent elections in India. Also, it must be noted here that the social and political history of epidemic outbreaks indicate that they do not necessarily promote the advancement of autocratic tendencies. They can also result in mass mobilization accompanied by increased democratic participation. For instance, the famous malaria epidemic of 1934-35 did contribute to the politicization of rural masses in Sri Lanka through the mediation of both nationalist and leftist political leaders and the development of the Sri Lankan welfare state as pointed out by several researchers (Jones 2015, Silva 2014, Jayasuriya 2000).

In the second chapter, Joseph and Pandey examine how far the pandemic has contributed towards development of regional cooperation for addressing a formidable common challenge. In their view even though some efforts at multilateral cooperation were made by the South Asian leaders through zoom meetings held at the onset of the pandemic, in the end “each country continued to battle the virus on its own” (P. 31) due to structural problems in SAARC and a variety of unresolved bilateral issues. Even though the chapter says that “there is a realization that COVID-19 is a collective crisis and combating this required coordinated action”, it has not been translated into a concrete program of action at the regional level. The subsequent chapter by Suba Chandran and others argue that the pandemic has served to reinforce conflict dynamics in the region, whether we are talking about bilateral issues between the countries or internal conflict dynamics within each country such as ethnic tensions in Sri Lanka.

Country-specific analysis in chapters four to nine provide empirical support to many of the arguments provided in the previous chapters. Chapter Four on Sri Lanka by Senanayake and others, for instance, points to the militarization of the pandemic response in Sri Lanka and its implications for engagement with minorities and civil society. While the military did play a useful role in terms of expanding health infrastructure and managing quarantine facilities at a time when the state encountered serious resource constraints, the use of military intelligence in contact tracing, the privacy issues encountered by suspected patients and their contacts and any resulting stigmatization processes particularly where socially marginalized vulnerable people on the other side of the law such as substance users are exposed to the pandemic, pose serious problems from the angles of human rights, trust building and compliance. The chapter notes that the pandemic response in Sri Lanka involved the formation of three different task forces set up under section 33 of the constitution. The members of these task forces were handpicked by the president through his inner network of allies and were directly reporting to him with no clear guidelines about the tasks assigned to them and with no accountability to the public at large. What the chapter does not point out is that these politically constituted task forces totally exclude experts in several relevant fields such as social sciences, social work, law and gender relations or any credible representatives of civil society. As a result, when it came to sensitive issues such as addressing the legitimate demand for burial rights by Muslims, task forces did not have any knowledgeable persons who could express their professional opinions on the subject and address the problem sympathetically and following appropriate public health guidelines, also countering unfounded claims by the so-called ‘patriotic scientists’ (Rambukwella 2020).

Chapters on other countries in the region clearly illustrate that civil society is engaged in the struggle against COVID-19 side by side with the state agencies and the private sector in a variety of challenging circumstances and under different political regimes. It is increasingly evident that the struggle against the pandemic is multi-pronged, carried out at economic, social, political, and epidemiological fronts at the same time, long-term and needs to be regularly updated and adapted to changing circumstances. The role of civil society organizations ranges from fund raising, relief services targeting underserved communities in particular, rights-based interventions, advocacy work on behalf of affected people such as women, people with disabilities, migrant workers, urban poor and people in different stages of exposure to the disease, treatment, quarantine and recovery processes. While law enforcement and policing do have a role to play in disease prevention and control, a community-based approach informed by evidence and supported by community leaders at various levels is necessary to promote community mobilization and preparedness, healthy behaviours, compliance, and satisfactory adjustment to the new normal. A purely statist approach to contain the pandemic carried out with a cohort of loyalists, political henchmen and yes men and not guided by a critical reflection on evidence and community responses is bound to fail at this crucial moment when decisions made can make or break the future of humanity.

References

Jayasuriya, L. (2000). Welfarism and Politics in Sri Lanka: Experiences of a Third World Welfare State. Perth: University of Western Australia.

Jones, M. (2015). Sri Lankan Path to Health for All from the Colonial Period to Alma Ata. In A. Medcalf et al. eds. Health for All: The Journey of Universal Health Coverage. Hyderabad: Blackswan.

Rambukwella, Harshana. (2020). Patriotic Science: The Coronavirus Pandemic, Nationalism, and Indigeneity. University of Zurich Political Geography blog, June 3, 2020.

Silva, K.T. (2014). Decolonisation, Development and Disease: A Social History of Malaria in Sri Lanka. Delhi: Orient Blackswan.

 

 

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Midweek Review

Gammanpila’s proposal for ‘grading system’ for Ministers timely

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By Shamindra Ferdinando

The Pivithuru Hela Urumaya (PHU) is a constituent of the Sri Lanka Podujana Peramuna (SLPP)-led coalition. The PHU is represented in the Cabinet of ministers by its leader and Attorney-at-Law, Udaya Gammanpila. One-time Jathika Hela Urumaya (JHU) heavyweight Gammanpila secured recognition for the breakaway faction, PHU, on Oct 14, 2020, two months after the last general election. The Election Commission altogether recognised six political parties, including the PHU. They were registered in terms of the powers vested in the Commission, under Section 7(4) and (5) of the Parliamentary Elections Act, No. 01 of 1981.

The JHU contested its first general election, in April 2004, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. The JHU secured nine seats. After switching sides, on multiple occasions, it is now a constituent of the Samagi Jana Balavegaya (SJB), the main Opposition party in the Parliament. The former JHU representative in the cabinet, Patali Champika Ranawaka, now spearheads ‘hathalisthunwani senankaya’ (43rd Division) – a political movement meant to challenge the incumbent government.

Ranawaka, who had served the cabinets of Presidents Mahinda Rajapaksa and Maithripala Sirisena, quit the JHU, in early Dec 2020, four months after the last general election.

In the run-up to the general election, in August 2020, Patali Champika Ranawaka’s one-time JHU colleague, PHU leader, Gammanpila, called for a system to grade ministers. Minister Gammanpila asserted that a grading system was required to ensure the proper functioning of the Cabinet of ministers.

Let me reproduce what lawyer Gammanpila said, in Sinhala, on July 14, 2020:

“The people believe a Cabinet of ministers, capable of serving under the leadership of hard-working President Gotabaya Rajapaksa, will be installed. Ministers must work. People should also know about that. Those unable to work should lose their ministerial portfolios. Therefore, I propose to introduce a grading system for ministers and release of the results every three months. If a minister became the last, in the grading system, for five consecutive times, it means the politician concerned failed to rectify the mistakes. In such a scenario, the minister should either resign or be removed by the President.”

Lawmaker Gammanpila further proposed: “The grading system should be based on handling of capital expenditure, recurrent expenditure, swift handling of problems, faced by the people, cooperation with public servants, timely response to audit queries, filling vacancies, conducting the public day, attending parliamentary sessions, participating in debates relevant to portfolios handled by the respective ministers and responding to media queries. People should propose new recommendations for the proposed grading system.”

At the time lawmaker Gammanpila made the above declaration, he hadn’t been a member of President Gotabaya Rajapaksa’s first Cabinet of ministers, appointed immediately after the 2019 presidential election. On Nov 21, 2019, MP Gammanpila asked President Gotabaya Rajapaksa not to consider him for a Cabinet portfolio as he realized the serious difficulties experienced by the new administration.

Gammanpila, in a brief letter, dated Nov 21, addressed to President Gotabaya Rajapaksa, copied to Prime Minister Mahinda Rajapaksa declared that 38 former ministers sought Cabinet portfolios in the caretaker government. In addition to them, there were several district leaders expecting Cabinet portfolios, MP Gammanpila said finalising the list of 15 as agreed wouldn’t be an easy task.

Gammanpila added that President Gotabaya Rajapaksa’s original plan was to name a 10-member caretaker Cabinet. At the end, the new government appointed 16 ministers. Of them, the SLPP received 10 slots.

The remaining six positions were shared among the Sri Lanka Freedom Party (SLFP), receiving two positions, and one each for the National Freedom Front (NFF), the Ceylon Workers Congress (CWC), Mahajana Eksath Peramuna (MEP) and the Eelam People’s Democratic Party (EPDP).

Gammanpila received a Cabinet portfolio in the wake of the last general election. The PHU leader holds the Energy Portfolio and is also the co-cabinet spokesperson.

Since the July 14, 2020 declaration, lawmaker Gammanpila hasn’t referred to the grading system for ministers. His cabinet colleagues hadn’t mentioned the matter Either. Obviously, the divisions it would cause in the government has kept everyone mum.

 Perhaps, there should be a wider grading system, not only for ministers, but for political party leaders, and even those wielding power in other tiers of government, like the Provincial Councils, and local authorities. There shouldn’t be any dispute over PHU leader’s proposal that the grading system he proposed for ministers covered the concerned lawmakers conduct, both in and outside Parliament. However, the need for accountability, on the part of all lawmakers, even for their conduct before they entered Parliament, is of pivotal importance.

 

Prof. Herath responds to Ambanwela

Let me give you an example of how closely a section of the public followed issues at hand. Recently, the writer received a paper cutting of a story headlined, ‘SLC funds amounting to Rs 29 mn in US bank: SLC caught lying before COPE, ‘authored by him. The story published on April 9, 2021 dealt with how COPE (Committee on Public Enterprises) Chairman Prof. Chritha Herath pursued inquiries into corruption in the SLC. Along with that paper cutting, the writer also received paper cutting of an interview done by Tharindu Uduwegedera with former Additional Auditor General Lalith Ambanwela for the April 11 edition of ‘Anidda’. The sender, who didn’t identify himself/herself, questioned the integrity of incumbent COPE Chairman on the basis of his conduct as the Secretary to the Media Ministry.

Ambanwela, who was attacked with acid, in May 2002, over an audit investigation in respect of corruption, involving a Central Province Education Director, levelled quite a serious allegation at Prof. Herath. Ambanwela questioned the rationale in making Prof. Herath Chairman of the Parliamentary Watchdog Committee, in spite of him turning a blind eye to specific corrupt activities brought to his notice by the Auditor General’s Department, over a period of time. Ambanwela accused Prof. Herath of not taking action as regards serious cases of corruption at the State Printing Corporation. He much respected retired public servant alleged that Prof. Herath did nothing when the then Chairman of the State Printing Corporation transferred over Rs 40 mn to an account of a relative.

The Island raised the issue at hand with Prof. Herath, who strongly denied Ambanwela’s accusation. Prof. Herath said: “I didn’t keep quiet about revelations made by the Auditor General’s Department. Within a week after COPE brought the matter to my notice, the Chairman concerned was removed. The then COPE Chairman Dew Gunasekera was informed of the action taken. Further information can be obtained from former COPE Chairman Gunasekera.”

 Prof. Herath said that he deeply regretted the unsubstantiated accusations made by Ambanwela. Prof. Herath, in a twitter message, issued in Sinhala, denied Ambanwela’s claims. Prof. Herath’s swift response to the retired public servant’s accusations should be appreciated. A person with questionable past cannot, under any circumstances, chair COPE or COPA (Committee on Public Accounts) or PFC (Public Finance Committee).

Regardless of Prof. Herath’s denial of Ambanwela’s accusation, let me briefly discuss how the latter explained political interference, in relation to the audit process. Ambanwela’s explanation, given in response to Tharindu Uduwegedera’s query, should be examined against the backdrop of lawmaker Gammanpila’s once proposed grading system for ministers. Successive governments had done precious little to tackle waste, corruption and irregularities.

Alleging that some politicians participated in COPE and COPA proceedings with a view to dilute the Watchdog Committee’s reports, Ambanwela claimed that some represented the interests of those promoting various deals. Ambanwela cited the deal on leasing out a building owned by Upali Jayasinghe (former actress Sabitha Perera’s husband) at No 288, Rajagiriya-Kotte, Jayewardenepura Road, as a notorious example to prove politicians/governments colluding with business interests. Ambanwela made a no-nonsense assessment of the deal as the senior AG Department official who handled that particular inquiry.

The Auditor General’s Department report on the building deal, prepared by Ambanwela has been submitted to the COPA before the finalisation of the controversial agreement. Ambanwela, in the course of COPA proceedings, chaired by the then Chairman Lasantha Alagiyawanna warned Agriculture Ministry Secretary B. Wijeratne not to sign the agreement until COPA addressed the issue at hand. Ambanwela had warned of dire consequences if the Agriculture Ministry went ahead with the agreement. Ambanwela quoted the then lawmaker Bimal Ratnayake (JVP National List) as having said that the proposed agreement was a serious case of corruption. However, when Ambanwela urged Alagiyawanna, who represented the SLFP, not to finalize the deal, the lawmaker asserted such a decision couldn’t be taken as the Cabinet of ministers already had approved it.

Ambanwela revealed that in spite of him being an official, he had no qualms in declaring in the audit report pertaining to the Jayasinghe building deal that it was a decision taken by the Cabinet of Ministers without critical analysis. If Lasantha Alagiyawanna, in his capacity as COPA Chairman, made the right intervention, losses could have been avoided. The total value of the deal was over Rs.1.3 bn.

COPE, COPA and PFC reports issued since the last parliamentary election proved, without uncertainty, that successive governments ruined the national economy. The country would have been in a far stronger position to face the Covid-19 challenge if successive governments ensured financial discipline. If one examines all reports issued by the above-mentioned Watchdog Committees, all governments, including the incumbent administration failed pathetically to follow laid down procedures, thereby causing massive losses to the national economy.

 

Evaluating an administration

The last presidential election was conducted in Nov 2019. The parliamentary election followed in August 2020. The electorate overwhelmingly voted for the SLPP, in both instances, with the SLPP securing a staggering 145 seats – just five short of a two-thirds majority. Without doubt, the SLPP’s performance is the best since the introduction of the Proportional Representation (PR) system. The UNP obtained 5/6 of the seats at the 1977 general election under the first-past-the-post system. As lawmaker Gammanpila called for public proposals as regards a grading system for ministers, perhaps it would be pertinent to rank governments/political parties on the basis of points scored by ministers and members of Parliament in terms of a grading system. In other words, a proper grading system should reflect genuine public opinion.

Let me examine the conduct of Transport Minister Gamini Lokuge in the wake of Director General of Health Services (DGHS) Dr. Asela Gunawardena’s May Day declaration of Piliyandala as an isolated police area due to the growing Covid-19 threat there. Within hours, Lokuge got the isolation order removed. Subsequent to his intervention, the isolation order was restricted to just five grama sevaka areas.

One-time UNP Minister Lokuge switched his allegiance to the then President Mahinda Rajapaksa in 2006. Since then, he remained with the UPFA/SLPP and received the Transport portfolio, following the last general election.

Minister Lokuge got away with his high handed actions. Lokuge jeopardized the government counter measures against the spread of Covid-19 purely for parochial reasons and, in spite of widespread condemnation, he continued to defend his right to intervene on behalf of the Piliyandala electorate. The deployment of police in Covid-19 protective gear to carry away those in public places, not wearing face masks and other violations, on the basis they posed a threat to the community, seemed silly when the likes of Minister Lokuge walked freely about even after some of his staff tested positive.

Where would Minister Lokuge be if he was subjected to a proper grading system? In quite a revealing interview with Panuka Rajapaksa, of Hiru TV, on Sunday (9), the Minister reiterated his callous response to the growing Covid threat. Declaring his right to intervene, the Colombo District lawmaker faulted officials responsible for implementing Covid-19 counter measures. The Minister blamed it all on the DGHS. Thanks to a section of the media, particularly Hiru TV, the public are fully aware of how Piliyandala strongman Lokuge, and those under his political command, brought the entire government into disrepute. Unfortunately, the government refrained from taking remedial measures. Perhaps, the SLPP didn’t want to admit how irresponsible its senior members are. The DGHS never explained how his isolation order on Piliyandala/Kesbewa was unceremoniously removed by Minister Lokuge through his clout. The Minister’s actions, and the failure on the part of the government to take tangible measures to protect residents of Piliyandala/Kesbewa, proved beyond doubt the government still played politics with the issue at hand.

Having cancelled May Day rallies, citing the Covid-19 threat, the government succumbed to Minister Lukuge’s, what can be termed as, reckless politics. There is no harm in calling the same politics of Idiocy. However, Lokuge’s reckless behaviour should be studied, also taking into consideration the highly contentious decision to allow Indians into the country, both on holiday and for quarantine purposes, until the Covid-19 situation here took an extremely dangerous turn. The government announced plans to block Indians crossing the maritime boundary while allowing visitors through the Bandaranaike International Airport. What did the government expect to achieve by much publicised religious ceremonies in support of Covid-19 fight, especially in the wake of the likes of Minister Lokuge jeopardizing the overall effort?

 Speaker Mahinda Yapa Abeywardena, Health Minister Pavitradevi Wanniarachchi and other big shots, who set an extremely bad example by consuming ‘Dhammika Peniya’, depicted as a tonic prepared with the intervention of the Gods, issued instructions to members of Parliament as regards the Covid-19 counter measures. Close on the heels of the Speaker’s instructions for members to adhere with health guidelines, both in and outside Parliament, the government acknowledged the tonic touted as a miracle cure, is not so. The Health Minister and all her parliamentary colleagues who shared Kali amma’s tonic in Parliament should be ashamed of themselves. Their actions provided tacit approval for the ‘Dhammika Peniya.’

Perhaps the Energy Minister and co-cabinet spokesperson should grade those who accepted the miracle tonic of fraudster Dhammika Bandara of Hettimulla, Kegalle.

Throwing pots, containing what faith healer Eliyantha White called miracle water, by Minister Wanniarachchi, as well as her colleagues Gammanpila and Prasanna Ranatunga, late last year didn’t have the promised impact. White, who claims to have mystic powers with many VIP clients, including foreigners, got Wanniarachchi to smash a pot, containing his special water, into the Kalu Ganga to contain the spread of the Covid-19 virus, footage on the social media showed.

At the time of White’s intervention, the number of infections was over 11,000 and 22 deaths.

Gamnmanpila and Prasanna Ranatunga  were both filmed throwing pots into the Kelani River at two different locations. White also dropped a pot containing his own miracle water.

Now, the number of infections is at over 125,000 cases and over 800 deaths. The government engaged in some quite ludicrous projects as the situation deteriorated. Those responsible for the overall government effort against the rampaging epidemic never ensured a proper investigation into the second Covid-19 eruption. Did they suppress the investigation even after outgoing Attorney General Dappula de Livera, PC, ordered no holds barred investigation into what he called the ‘Brandix cluster,’?

Livera issued specific instructions on Oct 27, 2000, in the wake of a 39-year-old female worker, at the Minuwangoda Brandix facility, being detected on Oct 4, 2020, as the first detected in a random test as the origin of the second wave of COVID-19 after almost five months since the countrywide curfew was lifted. Later, an attempt was made to fault Ukrainians for the second eruption. In their haste to suppress the investigation, a group of Ukrainian personnel, here on the invitation of the Air Force, to inspect AN 32 transport aircraft, too, was falsely implicated. What happened to the criminal investigation sought by AG de Livera?

The deterioration of the national economy is not an overnight development. Careful examination of Watchdog Committee reports, pertaining to state institutions, revealed how unbridled waste, corruption, irregularities and negligence over the years deteriorated the national economy to such an extent, the country is facing unprecedented challenges. The Covid-19 crisis, in a way, has come in good stead for those responsible to blame it on the raging pandemic.

 Why isn’t the government pursuing a criminal case against those responsible for the swindle, costing over a billion rupees to the state in the leasing of the Jayasinghe building? Is it because of another hidden deal between government and Opposition politicians? Is it because the same political mastermind behind the bond scams was also behind the Jayasinghe building lease deal?

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Midweek Review

The Re-defining Moment

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By Lynn Ockersz

The Human caring to look at himself,

Draws back in great dread,

From the bruised face that presents itself:

‘Is this me, whom they said,

From society is never

separate?’,

In anguish he asks himself;

‘Didn’t they say that humanity,

Is my defining essence?’

‘What stuff and nonsense’,he tells himself:

‘For, isn’t the rampaging plague,

That’s taking lives in the millions,

Teaching me that I must live,

Only for mine and myself?,

Don’t I see everyone else,

As a cadaver of sorts in a diseased state,

Whom I must avoid like the Black Death?

By doing this am I not standing,

The famous social being theory on its heads?’

 

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