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Reconsidering the 13th Amendment

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by C.A. Chandraprema

The government has made an official statement to the effect that it’s reconsidering the 19th Amendment but no such official statement has been made with regard to the 13th Amendment. However opposition politicians have expressed the view that the government is trying to use its two thirds majority to do away with the 13th Amendment as well.

The government does not have to take the trouble to do anything to get rid of the 13th Amendment. It has been tied up in knots by the yahapalana political parties including the Tamil National Alliance so effectively that all that the government has to do to get rid of it for good, is to do nothing. If the government is to restore the provincial councils system, they will need a two thirds majority to do away with its predecessor’s 2017 Act which sent the PC system into the limbo that it is in at present.

 When the provincial councils system was functioning there was the oft heard complaint that it had not been made fully functional i.e. that the police and land powers of the provincial councils had not been implemented as originally intended. This has been a major bone of contention during the past three decades with the Tamil National Alliance calling for its full implementation and even demanding that the Sri Lankan government should go beyond the 13th Amendment in order to satisfy Tamil aspirations. One thing that we have to realize is that like so many other aspects of the 1978 Constitution, the 13th Amendment is a very badly drafted piece of legislation. When police and land powers were included in the 13th Amendment, they were copied wholesale from the Indian constitution with no consideration for its practicability in Sri Lanka.

 Land powers

In India, what has been said in the text of the Constitution in relation to the powers over land of the center and the states has been defined and interpreted by the Supreme Court. In the landmark 1962 case, State Of West Bengal vs Union of India, a majority judgment concluded that the structure of the Indian Union is centralized, with the States occupying a secondary position. Hence the Center possessed the requisite powers to acquire properties belonging to States. The Indian SC observed in this case that even under Constitutions which are truly federal and full sovereignty of the States is recognized, the power to utilize property of the State for Union purposes is not denied. Therefore the power of the Union to legislate in respect of property situated in the States remains unrestricted. This judgment was delivered in 1962. The provincial councils system was introduced in Sri Lanka in 1987. If the text dealing with land powers in the 13th Amendment had been formulated on the lines laid down in State of West Bengal vs Union of India, the Northern Tamil political parties would have had more realistic expectations with regard to powers over land. Instead, the text of the 13th Amendment on land powers followed the text of the Indian Constitution thus making it necessary for Sri Lanka to reinvent the wheel as it were.  

In 2013, Sri Lanka finally got its own version of State Of West Bengal vs Union of India which defined the extent of the land powers mentioned in the 13th Amendment. The 2013 case of Solaimuthu Rasu, vs The State Plantations Corporation was heard by a three member bench of the Supreme Court made up of Chief Justice Mohan Pieris, K.Sripavan, and Eva Wanasundera and each judge delivered separate judgments while coming to the same conclusion. Justice Sripavan observed in his judgment that ‘land’ is a Provincial Council subject only to the extent set out in Appendix II (of the 9th schedule of the Constitution). The Constitutional limitations imposed by the legislature shows that in the exercise of its legislative powers, no exclusive power is vested in the Provincial Councils with regard to the subject of ‘land’… a Provincial Council can utilize ‘State Land’ only upon it being made available to it by the Government. It therefore implies that a Provincial Council cannot appropriate to itself without the government making state land available to such Council. Such state land can be made available by the Government only in respect of a Provincial Council subject.

Justice Sripavan explained further that the only power cast upon the Provincial Council is to administer, control and utilize such state land in accordance with the laws passed by Parliament and the statutes made by the Provincial Council… Even after the establishment of Provincial Councils in 1987, state land continued to be vested in the Republic and disposition could be carried out only in accordance with Article 33(d) of the Constitution read with 1:3 of Appendix II to the Ninth Schedule to the Constitution. Despite such Supreme Court interpretations given in India and Sri Lanka, the Tamil lobby in Sri Lanka continues to demand exclusive land powers that even Tamil Nadu does not possess. They may point to the text of the 13th Amendment, but never to the interpretations given to that text in India or even in Sri Lanka. People pretend that they have neither seen nor heard of any interpretation given with regard to land powers and we keep going round and round in circles.

Police powers

When it comes to police powers however, what the 13th Amendment has is what India actually has in practice. The first item on the Provincial Council List of powers is Police and Public order. The extent of these powers are set out in an Appendix to the 13th Amendment according to which the Sri Lanka police force was to be divided into a National Division (including Special Units) and nine Provincial Divisions. The National division would have jurisdiction only over 11 specified areas such as offenses against the State, election offenses, offenses relating to currency, offenses committed against a public officer, a judicial officer, or a Member of Parliament, offenses relating to state property and international crimes etc. Other than such specified offenses, all other day to day police work such as crimes, traffic, drugs, fraud and maintenance of public order etc. were to be carried out by the provincial police forces.

Thus what we were to have under the 13th Amendment were in effect nine different police forces combined with a national police force all crammed into an area the size of one of India’s smaller states. A police system designed for a sub-continent is applied to a country only a little bigger than Himachal Pradesh. Furthermore the creation of separate police forces for each province would have given rise to a Tamil police force in the north, a Muslim and Tamil police force in the east and Sinhala police forces in the rest of the country – a sure recipe for disaster given Sri Lanka’s history of ethnic conflict. No leader in the past three decades since the 13th Amendment was passed has even considered implementing the police powers laid down in the 13th Amendment. Moreover, these police powers have been included in the 13th Amendment in a situation where some of the most important safeguards in the Indian Constitution against separatism have been left out.

 

The missing safeguards         

 

The Indian President’s veto power over state legislation: Even though some Indian states are much bigger than most nation states in the world, the Indian President can veto any legislation that comes to him from the states. According to Articles 200 and 201 of the Indian Constitution, When a Bill has been passed by the Legislative Assembly of a State it has to be presented to the Governor for assent. The Governor can either give his assent or reserve it for the consideration of the President. The President can either assent to the Bill or withhold assent therefrom and he does not have to give any explanation as to why he withholds assent. He does not have to consult the Supreme Court or any other authority. This veto power is exercised entirely at the discretion of the Indian President.  

 In terms of Sri Lanka’s 13th Amendment however, every statute made by a Provincial Council has to be presented to the Governor for his assent, and the Governor may either assent to the statute or reserve it for reference by the President to the Supreme Court, for a determination on the constitutionality of the statute. If the Supreme Court determines that the statute is consistent with the provisions of the Constitution, the Governor is mandatorily required to assent to the statute. The Sri Lankan President is thus only a post box through whom the Governor sends the statute to the Supreme Court and receives its opinion! The Sri Lankan Executive President has no discretionary power over statutes passed by the provincial councils even though the supposedly ceremonial Indian President has such powers.

 

Taking over state legislative power in the national interest: According to Article 249 if the Indian Constitution, if the Council of States (the upper house of Indian parliament – the Rajya Sabha) has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. Such A resolution shall remain in force for a period not exceeding one year, and so long as a resolution approving the continuance in force of such resolution is passed, it can continue in force for a further period of one year. This takeover of legislative power can continue indefinitely for as long as is required. (It’s important to note that it’s only the upper house of parliament that needs to vote on this matter and that too only with a two thirds majority of Members who may be present on that day, and not a two thirds majority of the whole number of Members of the Rajya Sabha.)

 Take over of state legislative power when a state of emergency is in operation: According to Article 250 of the Indian Constitution, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. A law made by Parliament under this provision will lapse six months after the Proclamation of Emergency has ceased to operate.

 We have to recognize that what has been dished out to us in the form of the 13th Amendment is something of a much lower order than that which exists in India. For example, under Article 353 of the Indian Constitution, when a Proclamation of Emergency is in operation, the executive power of the Union extends to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised and further, the power of Parliament to make laws includes the power to make laws with regard to matters that are not on the Union list (i.e. items on the State list). However according to Article 154J of the Sri Lankan Constitution introduced by the 13th Amendment which is the equivalent of Article 353 of the Indian Constitution, when a state of emergency is in operation, the President may give directions to any Governor as to the manner in which the executive power exercisable by the Governor is to be exercised; but Parliament will not have the power to legislate on matters coming under the provincial councils list!

 

Shortchanged at every turn

 

It’s only with regard to the ‘President’s rule’ provisions that we appear to have got what the Indian Constitution has, but even that is merely an appearance and we have been shortchanged there was well. Article  356 of the Indian Constitution states that if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers exercisable by the Governor and (b) declare that the powers of the Legislature of the State shall be exercisable by the authority of Parliament;

 The equivalent provision in the Sri Lankan Constitution which was introduced by the 13th Amendment – Article 154L – states that if the President, on receipt of a report from the Governor of the Province or otherwise, is satisfied that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation – (a)  assume to himself all or any of the functions of the administration of the Province and all or any of the powers vested in, or exercisable by, the Governor and (b) declare that the powers of the Provincial Council shall be exercisable by, or under the authority of Parliament. Thus we see that the President’s rule provisions in the Indian Constitution and Sri Lanka’s 13th Amendment are almost identical. The difference however is that in India, President’s rule can remain in force continuously for a maximum period of three years, but in Sri Lanka President’s rule can remain in force only for a maximum of one year.   

 What was stated above was just the most obvious instances where Sri Lanka has been shortchanged. Closer scrutiny of the Indian Constitution and the way it operates, will reveal many more instances. If the Sri Lankan President had veto power over all statutes passed by the provincial councils, if the declaration of an emergency automatically gave the Sri Lanka Parliament the power to legislate on any matter coming under the provincial councils list, and if there was a system whereby Parliament could take over the legislative power of any province in the event of perceived danger as stipulated in Article 250 of the Indian Constitution, the entire attitude towards the devolution of power in this country would have been very different. As of now, people in Sri Lanka see devolution as a kind of creeping separatism, and they are right because the demands that we hear most often are for powers that even the Indian states do not possess.

 The 13th Amendment was drafted before India got into a confrontation with the LTTE and before Rajiv Gandhi was assassinated. That was a time when some officers of the Indian army even thought that the LTTE would not turn on them because the latter had been trained and given refuge in India. Furthermore, because Sri Lanka was a small country, some would have thought that fewer safeguards would be required here. The Sri Lankan side may have thought that because India was guaranteeing the implementation of the peace accord, nothing can go wrong and they may have thought that a downsized version of India’s President’s rule provisions was all that was needed in terms of constitutional safeguards against separatism.

 Both India and Sri Lanka have learnt many new things since then. Even though the provincial councils system is supposed to be based on the Indian system, we don’t have any of the safeguards that India has. To expect police powers to be implemented in such circumstances is unrealistic. In the opinion of this writer, if legislation is to be passed with a two thirds majority in Parliament to revive the provincial councils system, the same legislation should be used to remove all references to police powers from the provincial councils list in the Ninth Schedule of the Constitution for the reasons given above.



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Politics

On nation(s), nationalist(s) and nationalism(s)

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by Malinda Seneviratne

Around 20 years ago, a young politician with nationalist pretensions made an interesting observation (in Sinhala), the gist of which is as follows: ‘There is no such thing as a “Sinhala Race” but people think there is — we should exploit the perception.”

Interestingly, he was at the time in a political party that was contesting an election on a Sinhala card, so to speak. Now if there’s nothing called ‘Sinhala Race’ then there cannot be subjective identification with that term. Why then should anyone who speaks Sinhala vote for such a party, is a question he may not have considered.

The party didn’t do well in that election, returning just one candidate to Parliament and this too on the national list courtesy of predetermined ratios. Perhaps some ‘Sinhalese’ did consider ‘race’ as a subjective identifier; some as in a tiny minority. Barely three years later, a shift from Sinhala to Buddhist in political rhetoric yielded far better results and yet the overall vote was just a fraction of the population that spoke Sinhala.

Perhaps Sinhala or Sinahla Race aren’t that important when it comes to elections. Perhaps other factors have more compelling weight in the calculations of a voter. Perhaps, as he said, there’s no such thing as a ‘Sinhala Race;’ one might argue, never mind that nothing in this country has been as vilified as Sinhala Nationalism, real or imagined, and never mind that the vilifiers play deaf and dumb over act and word from other communities (real or imagined) that would, in terms of equivalencing, qualify for the ‘nationalist’ tag and, let us not forget, again by virtue of similarity warrant similar vilification.

Twenty years ago, turning to a random page in a copy of the Majjima Nikaya, I came across the Payasi Rajaagna Sutra which gave an insight into this issue of identity. Here’s the gist:

The sutra is essentially a conversation between Kumara Kashyapa Thero and an argumentative merchant who took issue with the doctrine of the Buddha and expressed doubt by posing unanswerable questions such as the following: ‘what is nirvana like?’ By way of response, the Thero related an anecdote about a fire-worshipping Jatila.

This Jatila had an apprentice of sorts. One day the master had to go on a journey and he had instructed the boy to make sure that the fire would not go out. The boy was careless. The fire went out. The boy didn’t know how to make a fire. He split the firewood to tiny slivers, he searched among the ashes for the fire that had gone missing. The Jatila, returning after a couple of days, duly reprimanded the disciple and lit the fire.

And so, the Thero expounded: just as he who does not know how to make fire will not make fire, those who without wisdom look for nirvana will not find it.

The application: he/she who looks for race without knowing what it is or rather what it is constituted of or is not empowered with techniques of identification, will not find it. My comment from 20 years ago went on the following lines: it is a good thing that identification is hard for if that was not the case that which was looked for would be destroyed or purchased.

And so, for reasons of political convenience Sinhalaness (or for that matter Tamilness or any other ‘ness’) misidentified is observed in the persona of the enemy of the moment. That enemy, admittedly, might even wear the identity-garb, sometimes with conviction that the cloth covers the real thing but more typically because it is also convenient. And so we have battles among the convenient for reasons of convenience.

Identity is an interesting thing. Prof Arjuna Parakrama, speaking on the subject at a Commonwealth Literature confab in Peradeniya University around 16-17 years ago, told the story of a ‘Sinhala’ individual somewhere in the North Central Province (if memory serves right) who, when asked who he was, had lots to say with ‘Sinhalese’ or ‘Sinhala-speaking’ either not being mentioned or mentioned as one among many self-identifiers. Parakrama was asked how he, Parakrama, would identify himself. His response was ‘good question.’ He did not answer.

And yet, nationalism is an often used word. Nationalists there are. Of all kinds. Rata, jathiya and aagama (nation, race and religion) are easy words that are used frequently in power politics. They are ferociously affirmed and equally ferociously vilified. It’s like a set of clowns or thugs averse to acknowledging silliness and belligerence respectively and therefore talk about the clothes they and their political others wear.

Of course the self-labeled nationalists (of all hues) are in-your-face visible. The more extreme the position or the more intractable in terms of political project(s) the more visible they are. And that’s where one finds the nationalist discourse. The label-wearers are the stars/villains. The parties they identify with have star/villain value. Whether their amalgam constitutes THE NATION is of course a moot point. They are part of it, obviously. They do shape/disfigure the political edifice. What they do and do not do, what they say and do not say, have a bearing on nation, nationalists, nationalism that have little truck with them.

It’s easy. Too easy, even. Profitable though in many ways for many people. Somewhere where those lacking wisdom cannot see nation, somewhere outside of the universe they traverse in nation-garb, there is probably a nation and a people who identify with it in ways that don’t make it to even the footnotes of the nationalist discourse.

That’s a good thing, for after all the shouting is done, the buildings brought down and upon those ruins other mansions or hovels (as the case may be), the blood letting is done and the wounds dressed, foundation and heart will remain. That’s how civilizations survive and reincarnate themselves.

Meanwhile, however, politics we will have. The young politician mentioned at the beginning still spouts nationalism. Less frequently of course and without any chest-beating whatsoever. He has reinvented himself several times and is quite conversant in the doctrine of strange bedfellows. He’s not done too badly, all things considered. He’s not done with nation, though. It is a convenience, after all, and a useful political tool.

 

malindasenevi@gmail.com. www.malindawords.blogspot.com

[Malinda Seneviratne is the Director/CEO of the Hector Kobbekaduwa Agrarian Research and Training Institute. These are his personal views]

 

 

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Sinharaja – The island’s priceless treasure

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THE WORLD HERITAGE SITES OF SRI LANKA

By EVERYMAN

For both foreign and local tourists Sinharaja Forest is certainly not a hot spot like Yala or Wilpattu. It elicits neither excitement nor thrills. Traveling inside requires no jeeps nor four wheel drive SUVs – just your two legs! Yet adventure is there. In plenty. To be experienced, by seeing, listening and feeling as Nature embraces you in its sound of silence. Sinharaja may it be emphasized, is the most valuable and unique environmental treasure in Sri Lanka. Located in the South- Western part of Sri Lanka it is the island’s last viable area of primary rainforest.

So, what is a rain forest? It is a forest which consists of tall, mostly evergreen trees, on which there is a very high amount of rainfall. These forests are earth’s oldest living ecosystems, with some surviving in their present form for at least 70 million years. According to experts it is likely that Sinharaja was formed during the Jurassic era. This means that Sinharaja is between 145 million to 200 million years old. Hence its uniqueness. Hence its value. To put this incredible fact in its proper perspective geologists have claimed that most of Sri Lanka’s surface lies in the Precambrian strata some of it dating back to 2 billion years. It belongs to the earliest part of Earth’s history.

According to folklore ‘Sinharaja’ derived its name from the lion king that dwelt in and protected this rain forest. It will interest readers to know that the three largest rainforests in the world are the Amazon in South America (also called ‘Amazonia’) which is 2,482,636 sq. miles in extent; next is the Congo rainforest . in Africa which is 1,108,113 sq miles. (Those who are literary minded may recollect that Joseph Conrad’s novel ‘Heart of Darkness’ was centered on this forest through which runs the Congo river; then there is the Valdivan rain forest on the West coast of South America bordering Chile and Argentina. It is 95,753 sq miles.

Just for comparison of their vastness and extent, Sri Lanka is 25,332 sq. miles in extent. So the Amazonia is 98 times the size of Sri Lanka! Sinharaja is 3,422 sq. miles in extent. But its smaller size compared to the largest rain forests just mentioned in no way detracts from its unique endemic fauna and flora. It makes Sinharaja truly incomparable. Sinharaja borders on three districts – Galle, Matara and Ratnapura. Its elevation ranges from 300 to 1,170 meters. The average annual rainfall over the past 60 years has ranged between 3,614 mm to 5,005 mm which is attributed to the South West Monsoon ( May to July ) and the North East Monsoon ( November to January ).

There are three points from which one could enter Sinharaja. One is from Kudawa which is the most frequently used. It is from Colombo to Kalawana to Kudawa. Next is the Pitadeniya entrance. From Colombo to Galle/Matara to Deniyaya to Pitadeniya. The third and least used, is from Colombo to Galle/Matara to Morning Side Estate in Suriyakanda. Whichever way one desires to go it is always advisable to get a licensed tracker. Otherwise there is a danger of getting lost and more importantly a tracker who can unfold the wonders within. Hiking is the only way to go..

And now let’s get inside this marvelous, mystical, mysterious, forest.

Inside Sinharaja, because of the green canopy of trees, through which only about 5 % to 15 % of sunshine falls through, it is dark, eerie and foreboding. And yet it is fascinating. You will be, as Thomas Gray said ‘ far from the madding crowd’s ignoble strife,’ hearing only the orchestra of the forest – the chirping of birds, the chirruping of insects, the occasional ‘coot, coot’ of monkeys and the soft tread of your own feet, as you walk through this cathedral like sanctuary of trees.

Many of the trees reach a height of around 40 meters ( 131 feet ). More than 60 % of these trees are endemic and what is more, many are rare species. Some of the trees, the timber of which is used in house building, are ‘Hora,’ ‘ Bu Hora’ and ‘ Balau’ which is a type of Mahogany. The vegetation density is around 240,00 plants per hectare ( 11,960 sq. yards ) which makes Sinharaja the most dense rainforest in Asia.

The wild life is exotic and enchanting. However unlike in Yala the wild life is not easily seen. The thick dense vegetation hides many of Sinharaja’s mysteries. It has been claimed that there may be a few elephants and leopards but the most common large mammal is the purple faced langur which is endemic. Langurs are long tailed monkeys which have a characteristic loud call. Some have described this species as ‘old world’ monkeys found mainly in India. There can also be found the Brown Mongoose, the Golden Palm Civet, the Small Flying Squirrel and with plenty of luck one may sight the Red Slender Loris, which sleeps by day and ever so stealthily is active at night.

The bird life is varied and colorful. There have been 147 species of birds recorded, whose habitat is within Sinharaja. Of the 26 endemic birds 20 can be found in Sinharaja. Amongst the birds are, the Red Faced Malkoka; the Sri Lanka Blue Magpie’; the Ashy Headed Babbler whose head is grey while its body is ochre/brown, its leg are pinkish while the beak is grey above and pink below; the White Headed Starling with its white head and breast and yellow legs and beak; the Sri Lanka Spotwing Thrush which is light brown in colour with white spots on its body and has a black beak; the Sri Lanka Wood Pigeon which is similar to a dove since both species belong to the same family, (columbidae); the Dusky Blue Fly Catcher which is blue grey in colour with a bright blue forehead. It darts from branch to branch catching tiny insects while in flight. And the Green Billed Coucal which is a type of cuckoo with black plumage and a greenish beak. It is supposed to be the rarest of Sri Lanka birds.

Butterflies of kaleidoscopic colors and sizes flit and flutter amongst the greenery. Here can be found the Sri Lanka Tree Nymph, with a wing span of 15.5 centimeters or 6. 1 inches it is the largest butterfly in the country. Perhaps the most beautiful is the Blue Banded Peacock whose iridescence is unmatched by any other butterfly. The rarest of butterflies is the Sri Lanka Five Bar Swordtail which makes its timid appearance from January to end March.

Reptiles are ever present. The very venomous cobra. The equally venomous Russel’s viper and its cousins, the green pit viper and hump nosed viper. There is also the equally poisonous, krait. Living in peaceful co-existence is the quite docile but frightful to see, the rat snake ( ‘Garendiya’), not to be confused with the poisonous rattle snake, which is not found in Sri Lanka. Finally the very largest and longest of all snakes in

 

Sri Lanka. It is around 23 feet long weighs about 200 pounds and has a girth as large as a telephone pole. It’s the python. It is non-poisonous. But with its sharp backward forming teeth it grasps a prey – anything from rodents to monkeys to deer, wraps several coils around it and constricts it to death prior to swallowing it.

Hence the reason why this species is also called boa-constrictors After a very delicious meal (from the python’s point of view) it coils itself and lies in deep slumber. There are also the scary, but harmless tree frogs which will spring on to you as you move through the heavy undergrowth. Within the damp surface leeches abound. Hence it’s best to wear slacks with the bottom tucked into knee high socks and the shoes liberally doused in salt water. Leeches can bleed you until you faint from blood loss.

There are eight waterfalls cascading down the rocky slopes near the Pitadeniya entrance. One in particular called the Duwili Falls because its three step downward cascade is like a dusty spray, has two large bathing spots at the bottom of the falls. The water is chillingly cold. But if you are brave enough to take a dip you will after the initial shiver find it most invigorating. There are three sparkling, gurgling, streams of cool, clear water which criss-cross through this forest. These streams wind their way and lead on to the North to the Napola Dola and Koskulana Ganga. In the South and South West to the Maha Dola and Gin Ganga. To the West the Kalukandawe Ela and Kudawa Ganga.

In 1978 Sinharaja was declared by the UNESCO as a World Biosphere Reserve and in 1988 was declared as a World Heritage Site.

We now need to turn to a threat – deforestation. It is one of the most serious issues facing our motherland. In the 1920s the forest coverage was 49%. By 2021 it had dropped to just 17%! and alas! Sinharaja, this million year old ecosystem of a treasure gifted by Nature to Sri Lanka did become a victim of partial deforestation. It happened during the 1970 – 1977 tenure of Srimavo Bandaranaike as Prime Minister. Whether it was her own decision, a Cabinet decision or a Minister’s decision, only history can reveal. But yes, by the early 1970s selective logging had commenced. Canadian contractors had with the full authority of the Government entered the forest reserve and begun felling. A 12 meter roadway was cut and trucks, bulldozers and back hoes moved freely carrying the felled trees. The purpose was to feed a massive plywood factory in Salawa, Kosgoda.

There is a saying ‘ Cometh the Hour, Cometh the Man’. That man was Thilo Hoffman. During the time of this near calamity to Sinharaja he was Managing Director of A. Baur & Company. He was also President of the Wildlife and Nature Protection Society (WNPS ). He did not wear the mantle of the latter position lightly. He was an active, dedicated and professionally qualified (holding a Master’s Degree in Agricultural Science) protector and conservator of wildlife.

On being informed about the deforestation of Sinharaja, the WNPS headed by Hoffman initiated a fact finding mission. Hoffmann the indefatigable worker, traversed the length and breadth of Sinharaja and published a report explaining in detail the magnitude of the destruction of fauna and flora in Sinharaja. The WNPS published a booklet written by Hoffmann and freely circulated the English and Sinhala translations. This created a major public outcry against the further damage to Sinharaja. The Government could not ignore the issue, and was compelled to take notice.

A Ministerial Sub- Committee headed by George Rajapakse was appointed. Apparently the plywood was for the manufacture of tea chests. In 1977 Srimavo Bandaranaike’s United Front Government was defeated getting a mere six seats in Parliament. It was at that election that J.R.Jayewardene’s UNP won a landslide victory. Thilo Hoffmann met the new Prime Minister who, it may be recalled, became President one year later, and explained the gravity of the situation in Sinharaja. Jayewardene immediately banned any further logging. Perhaps at this point it is most relevant to request the Governmental Authorities to have some sort of memorial built out of stone at the entrance to Sinharaja, mentioning the name of Thilo Hoffmann – The Saviour of Sinharaja. May he be remembered for generations to come.

There is presently a controversy that a hotel is about to be built within Sinharaja. However in a statement reported in the press on April 8, 2021 the Dept. of Forest Conservation has completely refuted this allegation. The hotel is being built five km away from UNESCO’s World Heritage Site demarcation of the boundary of Sinharaja. It is on a private land adjacent to the Pothupitiya – Rakwana road.

But Sinharaja is too tempting to be allowed to continue its millions of years old existence. Either through colossal ignorance or supreme indifference there will threats to ravish Sinharaja. We know. We are confident. President Gotabaya Rajapakse would never permit this. After all was it not he, who as the one time Secretary Ministry of Defence and Urban Development Authority, pursue the Colombo Beautification Project? Remember how the old Grand Stand at the Race Course was transformed? How the International Rugger Grounds opposite it was created? How the Walking/ Running/ Cycling tracks near Independence Hall were made? His love for our motherland is deep seated and genuine. He saved Sri Lanka once from the cruel clutches of the LTTE. Yes, Sinharaja – this incredible treasure trove of biodiversity will be safe in his care.

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The British will not learn English, let’s not kid ourselves

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The UK and others hell-bent on censuring Sri Lanka for imagined war crimes frequently refer to documents that are based on a report issued by a ‘panel of experts’ appointed by Ban Ki-moon. The Darusman Report is what it is called. There are lots of claims in that document but no one can claim that any of it was ‘independently confirmed.’ The sources will remain a mystery for years to come. In the United Kingdom, they’ve not heard of the word ‘contradiction’ it seems. Certain things that are partisan and come unconfirmed are permissible whereas other stuff that’s independent (unless the UK actually sided with the Sri Lankan security forces in the last days of the war on terrorism) are out of order.

by Malinda Seneviratne

The United Kingdom, it is reported, has rejected Sri Lanka’s request for the disclosure of wartime dispatches from its High Commission in Colombo. Sri Lanka had made the request during the 46th Session of the United Nations Human Rights Council (UNHRC) in Geneva a few weeks ago.

The dispatches from the then British Defence Advisor, Lt Col Anthony Gash were never referred to in any of the many ‘studies’ on Sri Lanka’s bloody struggle against terrorism. Indeed no one would have known of them or what they contained if not for Lord Naseby invoking the UK’s right to information laws to obtain them.

Gash’s dispatches clearly prove that there were no war crimes committed by Sri Lankan security forces, certainly not the kind that the terrorist lobby (strangely or perhaps not so strangely bed-fellowing with rogue states such as the UK and USA) and indeed these bed-fellows claim have been perpetrated.

British authorities pretended for years that there was no such information available. Now they can’t deny these dispatches exist. And therefore they’ve come up with an interesting disclaimer. The UK now faults Gash for not obtaining independent confirmation of reports he had sent to the Foreign and Commonwealth Office (FCO). Key word: ‘now.’ This was NOT the position originally taken by the FCO.

Alright, let’s take the CURRENT position at face value. Couldn’t the UK table the dispatches in all relevant forums with such caveats/disclaimers? That’s just one issue. There’s another. Yes, the business of ‘independent confirmation.’ What’s independent and what’s confirmation?

The UK and others hell-bent on censuring Sri Lanka for imagined war crimes frequently refer to documents that are based on a report issued by a ‘panel of experts’ appointed by Ban Ki-moon. The Darusman Report is what it is called. There are lots of claims in that document but no one can claim that any of it was ‘independently confirmed.’ The sources will remain a mystery for years to come.

In the United Kingdom, they’ve not heard of the word ‘contradiction’ it seems. Certain things that are partisan and come unconfirmed are permissible whereas other stuff that’s independent (unless the UK actually sided with the Sri Lankan security forces in the last days of the war on terrorism) are out of order.

It seems to me that the authorities in the UK don’t know whether they are coming or going. Well, maybe they do know that they are severely challenged in logic, in intellect, in moral standing etc., but believe that the world someone does not notice. A third possibility: they just don’t care.

The United Kingdom, with respect to the UNHRC resolution and all matters relevant to it, then, hasn’t exactly covered herself in glory, but what of that considering that shamelessness is the blood-stained batch on its coat of arms, so to speak?

Let’s humor them, though. There’s a lady called Sarah Hulton. Let’s assume she knows English. Let’s assume she has some skills in language comprehension. Let’s not assume she values truth, justice and being honorable for we shouldn’t kid ourselves too much. Nevertheless, we can ask some questions.What’s the value of hearsay? Do we discard ‘word’ and if so which words? If we pick some words and junk others, what criteria should we employ? The Darusman Report, for example, is ALL ABOUT HEARSAY. We have to assume that until we know who said what, for only then can we talk of reliability of source.

We have reports that toss out random numbers without a shred of substantiation. Is that OK, Ms Hulton? If Gash is unreliable, how can any report based on some other report that is based on hearsay be okay?

Let’s not kid ourselves. This is not about truth and reconciliation. The United Kingdom values lie over truth, injustice over justice, violation of all basic tenets of humanity over their protection, theft over property rights, plunder over protection. The British are yet to reconcile themselves regarding the many crimes against humanity they have perpetrated or, at least, benefited from. Seeking justice and truth from such people is silly. Seeking honor from the dishonorable is silly.

And yet, in Geneva and in other places where bucks and bombs count more than truth and justice, countries like the United Kingdom will prevail. For now. For now, we must add, for we know that nothing is permanent. For now, the reports of idiots and/or the politically compromised will be valued over those of impartial, dispassionate individuals such as Gash.

Let’s get this right. The British are not just bullies. They are cowards. Intellect is not their strong point or even if they are sophomoric at best, they are bullish enough to push aside the truth. It’s about ‘by any means necessary’ but obviously not in an emancipatory sense of that phrase, as used by Malcolm X. So when they talk of truth and justice, reconciliation and peace and other such lovely things, let’s keep in mind that it’s all balderdash. When they talk of ‘victims’ it is nonsense because without ‘wrongdoing’ that’s established, there can be no ‘victims’. Mr Hulton is not sleeping ladies and gentlemen. The United Kingdom is not sleeping. The Foreign and Commenwealth Office in that country is not sleeping. They are pretend-sleepers. They cannot be woken up.

One is reminded of a song from ‘My fair lady,’ the musical based on George Bernard Shaw’s ‘Pygmalion’. Why can’t the English teach their children how to speak? That’s the title of the song. When the English learn English — now that would be the day! Right now they speak some garbled language devoid of any logic or reason. It works for them.

Colonial-speak is a possible name for that language. It is an excellent communications device in all things antithetical to the high ideals, the furtherance of which was the reason for the establishment of the UNHRC. Indeed that has become the lingua franca of Geneva. The British know this French, pardon the irony! Ms Hulton knows it, as do her bosses in London as did their ancestors whose crimes against humanity are left out from the history books.

We are not talking of the past though. It’s the present. It’s ugly. As ugly as the past, only it’s come wearing other clothes. Nice ones. Not everyone is fooled though.

malindasenevi@gmail.com. www.malindawords.blogspot.com.

[Malinda Seneviratne is the Director/CEO of the Hector Kobbekaduwa Agrarian Research and Training Institute. These are his personal views.]

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