Thursday 28th October, 2021
Power befogs governments, and makes them muddle along, impervious to reason. When intoxicated with power, politicians think they cannot be wrong and resort to ill-conceived actions, and box themselves into a corner, in the process. This, we have witnessed under all governments with steamroller majorities.
President Gotabaya Rajapaksa is no stranger to controversy. This time around, he has triggered an avalanche of criticism by appointing General Secretary of the Bodu Bala Sena (BBS) Ven. Galagodaaththe Gnanasara Thera, of all people, as the head of a 13-member Presidential Task Force (PTF) to ‘make a study of the implementation of the concept, One country; One law, and prepare a draft Act for the said purpose’. The PTF is also required to study the draft Acts and amendments prepared by the Ministry of Justice and submit a proposal, we are told.
The other members of the PTF are Prof. Dayananda Banda, Prof. Shanthinandana Wijesinghe, Prof. Sumedha Siriwardana, N.G. Sujeewa Panditharathna, Attorney-at-Law Iresh Senevirathne, Attorney-at-Law Sanjaya Marambe, Eranda Navarathna, Pani Wewala, Moulavi Mohamed, Mohamed Inthikab, Kaleel Rahuman and Azeez Nizardeen. Why hasn’t anyone been appointed to represent the Tamils? There should be members to look after the interests of all communities including the Veddas. The need for an outfit tasked with such a serious task to be inclusive cannot be overemphasised.
It defies comprehension why the President has handpicked as the head of the PTF a person who was granted a presidential pardon while serving a sentence for contempt of court, which in other words means causing an affront to the dignity of the judiciary. How come the President thinks a person sentenced to jail for violating the law is fit to carry out his one-country-one-law project?
Opinion may be divided on what led Gnanasara Thera to commit contempt of court, in 2016, and languish in prison. He has been hailed in some quarters for taking up the cudgels on behalf of some military intelligence personnel, but by no stretch of the imagination could this be cited in extenuation of the offence of disrupting court proceedings. If everyone starts doing so, courts will not be able to function. However, it will be remiss of anyone who is flaying Gnanasara Thera to turn a blind eye to a far worse incident that took place in the Colombo High Court about a decade ago. When the judgment in the White Flag case was delivered on 18 Nov. 2011, a group of lawyers and outsiders went berserk, smashing court furniture and threatening judges; the police had to rush in to protect them. Nobody was prosecuted for that ugly scene, which the Bar Association of Sri Lanka, and all those who are fighting for the independence of the judiciary chose to ignore. However, two wrongs do not make a right.
The idea behind the one-country-one-law programme is to ensure that the law of the land applies to everyone equally. So, a person who has shown disrespect for the law and the judiciary and been jailed for that is ipso facto disqualified from heading the PTF in question. This, however, is not the only reason why the President’s wisdom of making the controversial appointment stands questioned.
Hasn’t anyone in the government read the report put out by the Presidential Commission of Inquiry (PCoI), which probed the Easter Sunday attacks? The PCoI has, in Chapter 22 titled, Contributory Factors, recommended that the Attorney General consider whether criminal proceedings can be instituted against Ven. Gnanasara Thera. It has also recommended that the BBS be proscribed because its actions pose a threat to religious harmony. Observing that ‘some of Gnanasara Thera’s actions and utterances have contributed to Muslim youth taking to extremism and joining Zahran’, the PCoI says: “It was in evidence that Zahran used the speeches and actions of the Thero to rally support for his cause. In the final video made by Zahran spelling out the reasons for the attacks, reference is made to the actions of the Venerable Galagoda Aththe Gnanasara Thero … The actions of Ven. Galagoda Aththe Gnanasara Thero resulted in reciprocal radicalization of Muslim youth.”
Is it that the President has not taken the PCoI findings and recommendations seriously? However, some recommendations have already been carried out. Criminal proceedings have been instituted against former Defence Secretary Hemasiri Fernando and ex-IGP Pujith Jayasundera.
Why weren’t the PCoI recommendations taken into consideration when the aforesaid controversial appointment was made? An explanation is called for.
Cake, icing and power cuts
Wednesday 26th January, 2022
President Gotabaya Rajapaksa is reported to have directed Minister of Power Gamini Lokuge to ensure an uninterrupted power supply. The government would have us believe that enough fuel is provided to the CEB, and there will be no power cuts. Curiously, the CEB has announced a power-cut schedule! President of the CEB Engineers’ Union (CEBEU) Samuya Kumarawadu has said power cuts will be inevitable even if fuel is made available because the hydro power generation is expected to drop drastically. These contradictory statements have left the public confused.
Some of the policies of the incumbent dispensation have failed to work because they are not tempered with pragmatism. The government’s green agriculture programme serves as an example. The President’s renewable energy project also seems to have gone the same way; CEB engineers are stressing the need to step up thermal power generation to prevent blackouts. We quoted CEBEU Secretary Dhammika Wimalaratne yesterday as having said that the proposed fourth unit of the Norochcholai coal-fired power plant, if constructed, would provide a vital cushion with an additional 300MW, and what Sri Lanka needed was ‘an LNG-coal cake with solar and wind icing’.
CEBEU President Kumarawadu has told the media that if the Sampur coal-fired power plant had been built, an additional 500MW of electricity could have been added to the national grid, and there would have been no power crisis. Former President Maithripala Sirisena is often heard grumbling about power outages and blaming the CEB, but it is he who scrapped the Sampur project in 2015 without offering any viable alternative when he was the President. He obviously did not have the big picture in mind, and gave it the big I am for political reasons.
Coal combustion is a dirty process, as is public knowledge. Environmentalists are right in demanding that the country be weaned off coal and other fossil fuels used for power generation, but if the use of coal is to be discontinued without hurting the economy and causing hardships to the public, ways and means of meeting the resultant shortfall in the national power supply must be found.
Making agriculture and power generation eco-friendly is not only an uphill task but also a political high-wire act; balance is of the essence, and haste has to be avoided. As agrochemicals are to agriculture, so is coal to power generation. Everybody loves food free of harmful chemicals, but nobody is willing to contend with food shortages due to bans on agrochemicals! Similarly, nobody likes coal combustion, which pollutes the environment, but everybody wants an uninterrupted power supply! Successive governments have not adopted a pragmatic approach to solving these two problems; they have only resorted to vapid sloganeering and other such populist measures coupled with ad hoc measures without grasping the nettle.
Meanwhile, there is a pressing need for a proper assessment of the country’s power needs. Chairman of the Public Utilities Commission of Sri Lanka (PUCSL), Janaka Ratnayake, has recently revealed that the CEB made 16 requests for emergency power purchases between 2016 and 2020, claiming that there was no other way to avert power cuts; 15 of those requests were turned down, but there were no power cuts, the PUCSL chief has said. If so, why on earth did the CEB seek to buy power? Did those who made those requests try to mislead the PUCSL and make the CEB purchase power unnecessarily so that they could line their pockets? Surprisingly, there has been no inquiry to find out why the CEB did so.
We are not short of experts of integrity who are willing to help the country sort out burning issues, and the need to seek their views when vital policies are formulated cannot be overemphasised. Short-term remedies such as making fuel available for the CEB’s thermal power plants are no doubt necessary to prevent blackouts, but the only way to avert a crippling power crisis is to augment the CEB’s generation capacity systematically. This is the challenge before the present government, which ought to bear in mind that pragmatism is the key.
Defeat bid to sandbag whistleblowers
Tuesday 25th January, 2022
The government would have the public believe it is keen to ensure that there will be one law for everyone, but one wonders whether there is any law in this country at present, for the ruling party politicians, their cronies and bureaucratic lackeys are enjoying unbridled freedom to do as they please. They are now on a witch-hunt against a whistleblower.
Former Director of the Consumer Affairs Authority Thushan Gunawardena, who exposed the Sathosa garlic racket, and won accolades from the public and got under the skin of many a crook in the process, has been prevented from going overseas. He went to the BIA, the other day, to leave for Dubai only to be turned back by the Immigration and Emigration officials, who curtly told him that he could not proceed, and they were doing their job. He was left with no alternative but to return home. There is no court order preventing him from leaving the country, and he has never been involved in any criminal activity. But someone does not want him to leave the country. There is a prima facie case of fundamental rights violation, and Gunawardena must invoke the jurisdiction of the Supreme Court against those who prevented him from leaving the country.
Racketeers are going places thanks to their links to the government while hostile action is being taken against an intrepid whistleblower. Civic-conscious officials like Gunawardena deserve national recognition; the government should have given him a reward. Instead, a witch-hunt has got underway against him.
Why racketeers are harassing Gunawardena is not difficult to see; they want to discourage whistleblowing. They will be in serious trouble if other public officials emulate Gunawardena and pluck up courage to expose corruption.
Thankfully, Gunawardena is made of sterner stuff and has chosen to take the bull by the horns. It is incumbent upon everyone who abhors corruption to come forward to protect the whistleblower in the crosshairs of fraudsters including politicians, who are using various methods to sandbag upright public officials into pandering to their whims and fancies.
A tainted Central Bank Governor left the country via the BIA even after being exposed for his involvement in the Treasury bond scams. Arjuna Mahendran was his name. (He is said to be living in Singapore under some other name.) Those who helped Mahendran make good his escape are often heard pontificating on accountability, the rule of law, etc., in Parliament. Mervyn of Kelaniya helped a drug kingpin, known as Kudu Lal, flee the country through the BIA during the Mahinda Rajapaksa government while the STF was closing in on the criminal who had been supplying hell dust to the entire Colombo District for years. LTTE leaders were allowed to travel via the BIA sans any security checks in the early noughties with public officials, the police and some military officers dancing attendance on them. They brought in huge bags full of undeclared goods, which were airlifted to the LTTE-controlled areas, without any checks. They were given VIP treatment a few months after a devastating LTTE attack on the BIA in 2001. The then Airport manager treated the senior Tigers to barbecues in the name of peacemaking! Politicians who have stolen colossal amounts of public funds and have bankrupted the country are also free to travel through the BIA. But a public official who dared blow the whistle on a mega racket for the sake of the public, and lost his job as a result, is now prevented from going through the same airport without rhyme or reason!
Let Gunawardena and other whistleblowers be urged not to lose heart. They can rest assured that all Sri Lankans who abhor corruption are solidly behind him. One can only hope that professional associations such as the Bar Association of Sri Lanka will stand by courageous Sri Lankans like Gunawardena and help defeat sinister attempts being made in some quarters to intimidate them.
Of that trial balloon
Monday 24th January, 2022
What was feared seems to be playing out. MP Diana Gamage, who crossed over to the government from the SJB, has urged Parliament to extend President Gotabaya Rajapaksa’s term by two years because she thinks he has lost two years owing to the pandemic. Gamage’s call has come close on the heels of President Rajapaksa’s statement that a youth recently asked him why a referendum could not be conducted to ask the people whether his term should be extended by two years on account of the pandemic. Curiously, the President does not seem to have heard what young men and women say about his government via social media!
Former President Maithripala Sirisena, asked by reporters to comment on MP Gamage’s proposal, the other day, said that before commenting thereon, one had to know what President Rajapaksa had to say about it. His answer was evasive, but he was not without a point. The fact however remains that Gamage would not have dared say anything of that nature without the blessings of the government leaders although the SLPP has said she made that call unbeknownst to the President.
MP Gamage is thought to be trying to ingratiate herself with the powers further, but there seems to be more to her call than meets the eye. Those who have introduced the 18th and 20th Amendments are not likely to scruple to do anything that helps tighten their grip on power.
When power goes to their heads, politicians take leave of their senses. But there is always a method in their madness. The government has already done something similar, in principle, to MP Gamage’s proposal at issue, where the Local Government institutions are concerned. Elections to them have been put off, and one of the reasons given for the arbitrary extension of their terms by one year is that they could not function properly for about two years under the yahapalana government.
We have already witnessed the disastrous consequences of the arbitrary extensions of parliamentary terms. In 1975, the SLFP-led United Front (UF) government extended the life of Parliament by two years; the UNP swept the 1977 parliamentary polls and obtained a five-sixths majority, which it abused to weaken democracy. That UNP regime became synonymous with the suppression of democratic dissent, abuse of power, corruption and the sale of state assets among other things. That was the price people had to pay for giving the UF a two-thirds majority in 1970, and the UNP a five-sixths majority seven years later.
The postponement of the general election scheduled for 1982 with the help of a heavily-rigged referendum created conditions for the second JVP uprising and the resultant bloodbath. The Jayewardene government proscribed the JVP in a bid to scuttle the latter’s campaign against the outcome of the referendum. Those who do not learn from history are said to be condemned to repeat it.
Politicians curry favour with their bosses by pandering to the latter’s whims and fancies. After the defeat of the LTTE, sycophants misled the then President Mahinda Rajapaksa into believing that he could become the President for life, and he introduced the 18th Amendment to the Constitution to achieve that end. In 2015, he sought a third term and had a grand pratfall, instead. The rest is history. Had he made use of the rare opportunity that presented itself after the end of the war to rebuild the economy, revive democracy, restore the rule of law, fight bribery and corruption and usher in development, perhaps, the people themselves would have asked him to serve another presidential term.
Only two years of President Gotabaya Rajapaksa’s term have elapsed, and three more years are left for him to improve his government’s performance. The task is daunting but not impossible. Most members of the current government were out of power for five years without any accretions to their wealth, but they have already made up for lost time, if their vulgar display of opulence is any indication. The question is why they cannot act so tenaciously to help the President carry out his pledges, and win over the public so that they will not have to fear elections.
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