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Opinion

Road Safety: Never in Sri Lanka?

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It was a hard decision for me to write this piece because of the umpteen number of letters / articles penned on this subject for decades ( 1981 to date ), all of which have fallen on deaf ears

After my training under a WHO Fellowship in 1988 on the subject of road safety, two Seminars and Exhibitions using a physical model 16’X 8’ were held at the OPA in years 2000 and 2003 under the caption: “Introduction to the Basics of Lane Discipline”; which like all good things were completely sabotaged by the very same people who should have benefitted from it. (see Island of 22.23,24 September 2005 for more details)

Lane Discipline is not just a word. It is a whole subject that can be easily understood even by a student who has done mathematics up to the “O” levels. So our attention first goes to our Driving Schools, and the multiplicity of organizations with well paid staff for doing nothing. Their only qualification is perhaps that they are somebody’s somebody.

The recent tragedy at Passara killing 15 innocent people for which the ill trained truck driver is to blame is a good example. Judging from the video clips shown:

(1) the road narrowing was seen on the side of the truck driver who should have stopped and given way to the oncoming bus

(2) the truck driver had failed to give right of way to the bus which was climbing while the truck was descending

(3) The bus driver would have been helpless, because, if the fully loaded bus was forced to stop when climbing, he would have had difficulty in restarting,

While our well paid gentlemen engaged on road safety will read and forget, till the next tragedy occurs, but to me it is a reminder of some of the most gruesome fatal accidents I have recorded or seen with my own eyes. (1) a pregnant young girl pillion rider on her way to her mother’s place for her first confinement was knocked down by a tipper driver carrying sand on Parliament Road, flattening her body fully above the chest and the unborn baby was found rejected minus the head. Later in the evening I saw a dog taking away a piece of the skull of the victim (2) A pariah double decker driver on Kelani Bridge rammed into a hand cart pushed along on the wrong side carrying a load of bamboos. One bamboo went right through the stomach of the poor boy.What a sight it was to see a blood drenched boy seen moving about the road on all fours like an animal. Sure these two drivers are still driving on our roads. ( 3 ) A young lady doctor on duty lost her life travelling in an ambulance of the Ministry of Health that met with an accident, at a time when we are made to believe that an ambulance is the safest vehicle on our roads. In this connection I hesitate to mention another jealous lady doctor, who was secretary to the National Council for Prevention of Accidents (NCPA), who got rid of all the engineers from the NCPA and renaming it as NCPI as if only meant for doctors, should now examine her conscience.

The saddest day for me was the day I participated at the so-called launch of the proposal to create the NCRS, describing it as a white elephant to employ relations and friends of politicians. The sponsors succeeded to mislead the Prime Minister to approve the creation of this white elephant. Their performance during the so-called their own decade of action (2011 to 2020 ) is proof of their inability to solve this problem. Now on to the second decade of inactivity (2021 to 2030 ) what we can expect was shown during the month of January 2021 itself, with a sharp increase in road accidents.

The subject of road safety should rightly come under a separate branch of the RDA called “Traffic Engineering Branch” as in Singapore, consisting of civil engineers well trained on road safety matters and responsible for correct road markings, road signs,. operation and maintenance to traffic lights as in Singapore. (see Island of 03-01-2020 Response to the Editor’s New Year wish for more) The Police will engage in law enforcement only.

Being less pessimistic, there is still a ray of hope at the end of the long dark tunnel, only if President Gotabaya Rajapaksa takes this subject under him personally, and appoints competent professionals with the aptitude to road safety matters and possess sufficient foreign driving experience to work together to find a solution. They should not be given anything more than three months to report on their findings by not making it a profitable job. It is best that this subject is taken off the hands of time consuming and funds wasting bodies such as NCPI, Ceyspa, AA , ,NCRS. etc and use such funds for better purposes.

 

Eng ANTON NANAYAKKARA

Chartered Civil Engineer



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Opinion

Geneva Debacle: Forging a Way Forward

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By DHARSHAN WEERASEKERA

Attorney-at-Law

Alisdair Pal of Reuters says of the recent UNHRC resolution on Sri Lanka, “the resolution allows the U.N. to “collect, consolidate, analyze and preserve information and evidence and develop possible strategies for future accountability….[it] is a “huge blow” to the Sri Lankan Government including President Gotabaya Rajapaksa.” (“What does the U.N. resolution mean for Sri Lanka, 24th March 2021, www.reuters.com)

To my knowledge, much of the commentary on the resolution follows a similar pattern, i.e. the focus is on what the resolution entails for Sri Lanka, but not the Council. It is vital to focus on this latter aspect in order to facilitate a future defence of Sri Lanka at the Council, and related international forums. In my opinion, the “Core Group” and the other nations that joined them in voting for the resolution, have destroyed the credibility of the UNHRC and thus the institution.

In this article, I focus on the “Core Group’ consisting of the U.K., Canada, Germany, North Macedonia and Montenegro that brought the resolution. I argue that the existence of such a group within the UNHRC makes a mockery of the principles and purposes behind the Council’s founding statutes, U.N. General Assembly resolution 60/251 and UNHRC resolution 5/1 (“Institution-building in the Human Rights Council”).

The UNHRC and the “Core Group”

The U.N. General Assembly created the Human Rights Council in March 2006 as a replacement for the U.N. Commission on Human Rights that had been functioning since 1993. Many people accused the Commission of having become too politicised and biased. Therefore, the “Charter” of the Council was formulated to ensure that the new institution would not follow its predecessor. Paragraph 4 of UNGA res. 60/251 states inter alia:

“The work of the Council shall be guided by the principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation.”

Meanwhile, para 5 (e) states:

“[The Council shall] undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States; the review shall be a cooperative mechanism.”

To my knowledge, there is no other mention of a specific mechanism through which the Council should carry out its work. Therefore, it is reasonable to suppose that the framers envisioned that the Universal Periodic Review (UPR) was the best means through which the institution could carry out its work while conforming to the principles enunciated in para 4.

To turn to the Council’s other founding statute—UNHRC resolution 5/1 of June 2007—Annex 1 of the resolution sets out detailed instructions in regard to the Universal Periodic Review. Para 1 of the annex states that the basis of the review shall be: a) the U.N. Charter, b) the Universal Declaration of Human Rights, c) Human Rights instruments to which a State is a party and d) voluntary pledges and commitments by States.

Meanwhile, Para 2 states: “In addition to the above and given the complementary and mutually interrelated nature of human rights law and international humanitarian law, the review shall take into account applicable international humanitarian law.”

The fact that the instructions for the UPR include a mandate to look into humanitarian law issues, means that the framers envisioned that if a particular country is accused of violating humanitarian law, such matters could also be reviewed through the UPR mechanism. Therefore, the following question arises: If, as alleged by Sri Lanka’s critics there are rampant human rights abuses going on in this country or humanitarian law issues that remain unaddressed, then why could not these issues be taken up through the UPR process rather than through country-specific resolutions?

Neither UNGA res. 60/251 nor UNHRC res. 1/5 prohibit the Council from resorting to country-specific resolutions. However, reason and common sense suggest that where recourse to a country-specific resolution is made, it should be for an occasion or crisis of a magnitude or urgency that cannot normally be dealt with under the UPR. Otherwise, it makes no sense to have the UPR.

It necessarily follows that, if the Council determines that a crisis of a magnitude or urgency that cannot be addressed through the UPR exists in a particular country, such determination must also be made through an open, objective and impartial process of assessing and evaluating the relevant evidence, including by giving the accused country adequate time and opportunity to speak in its defence.

Now, let us turn to the “Core Group.” In this regard, one must consider three points. First, the “Core Group” is a self-appointed group and does not have a mandate either from the Government of Sri Lanka or any U.N. organ, including the UNHRC, to monitor the human rights situation in Sri Lanka.

Second, some members of the group, notably the U.K. and Canada, have domestic political reasons to involve themselves in Sri Lanka’s internal affairs. In regard to this, the following matters are relevant. First, there is a 2009 Wikileaks cable by an American diplomat to his bosses in Washington, detailing his conversations with the head of the Sri Lanka Desk at the British Foreign Office. He says inter alia:

“Waite said that much of HMG and ministerial attention to Sri Lanka is due to the “very vocal” Tamil Diaspora in the U.K., numbering over 300,000 … .He said that with elections in the horizon the Government is paying particular attention to Sri Lanka with [David] Miliband recently remarking to Waite that he was spending 60 percent of his time on at the moment on Sri Lanka.” (“Wikileaks: David Miliband championed aid to Sri Lanka to win votes of Tamils in U.K.” The Telegraph, 22nd January 2012)

Some people might object that the above happened when the Labour Party was in power, and now that the Conservatives have taken over things are different. However, the Conservatives are under just as much pressure to win Tamil votes, and this is proved among other things by the conduct of former PM David Cameron on his visit to Sri Lanka in November 2013 for the Commonwealth Heads of Government meeting. No sooner had he landed, he gave a speech scolding then President Mahinda Rajapaksa for his treatment of the Tamils and was whisked off to Jaffna to commiserate with the folks there. This behaviour shocked even some English people. The well-known columnist Rod Liddel wrote derisively:

“Normally, when one is a guest in someone else’s country, it is incumbent to be polite, even deferential. But the prime minister is aware that this does not apply to Sri Lanka …. So, it is to David Cameron’s immense credit that he struck the right tone when addressing his Ceylonese jonny. It is the tone of a member of the Eton upper sixth addressing some errant fag who has failed to buff his shoes to the correct level of shine, through either incompetence or negligence.” Rod Liddel, “That is the President of Sri Lanka, PM, not one of your fags,” Times of London, 17-11-2013, www.thetimes.co.uk)

Meanwhile, in the recent past, the Conservative Party in its manifesto for the 2019 Parliamentary elections, had a clause calling for a “two-State solution” in Sri Lanka, and that clause was corrected only after stringent protest from the Sri Lankan Government. To repeat, the Conservative Party has just as much reason as Labour to court the Tamil vote, and it is reasonable to suppose that with the present action at the UNHRC, PM Boris Johnson and his cohorts have achieved a veritable “coup” in that regard.

To turn to Canada, Martin Collacott, a former Canadian High Commissioner to Sri Lanka, writing in The National Post in 2005, says, “LTTE-friendly community leaders are willing to ensure that liberal candidates win votes in Tamil-heavy urban constituencies provided the Federal Government turns a blind eye to fundraising” (Martin Collacott, “Canada’s role in Tamil terror,” The National Post, 26-1-2005). In sum, the U.K and Canada have ulterior motives to be interested in Sri Lanka, and this makes the motives of the Core Group as such suspect.

Finally, to my knowledge, the “Core Group” has not submitted to the Council any report explaining that the purported human rights problems they see in Sri Lanka cannot be pursued through the Universal Periodic Review, and must instead be addressed through country-specific resolutions.

Conclusion

To accept what the Core Group has done is to accept that rich and powerful nations joined by poorer nations that they can coerce, cajole or influence, can decide by themselves that a particular country has a human rights “problem”, and proceed to take action against such nation at the UNHRC, without ever establishing before the Council that the “problem” of which they complain actually exists, and all the while violating the purposes and principles of the Council as well as the right to a fair hearing of the targeted nation. Sri Lankans must do everything in their power to hold the Core Group accountable for their actions.

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Opinion

Regulate sports in popular schools ahead of big matches

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The Big Matches between popular schools in Colombo and main outstation cities are round the corner. In the past school sports was in the hands of former sportsmen and sportswomen who loved the game as well as their school. They devoted their time and money to coach the budding youth without any monetary gain for themselves.

But, see what has happened today. Sports coaches selected by the schools demand millions of rupees to coach the students. And this is readily agreed and paid by the school authorities. In the good old days the members of School teams were provided free meals during match days and also Sports equipment. But it is not so now. The school earn millions of rupees from big matches played for a duration of two, or three days in some cases, and this money could be utilised to buy the required cricket gear such as bats, pads gloves, boots, etc,. I understand a pair of cricket boots is in the region of Rs.18,000 to 25,000. Can a poor village lad who is enrolled to an affluent schools in Colombo, based on his performance in Education and Cricket afford this? These lads should be given all the support to continue in their respective sports rather than drop out due to financial constraints

Coaches in some schools are in the payroll of big-time businessmen whose children are, in the so called pools. Parents of children engaged in a particular sport should not be permitted to come in as sponsors as this would be rather unethical.

The Big Matches between popular boys schools are around the corner and I suggest that the Sports Ministry ensures performance based selections rather than on other criteria.

 

D.C.Atukorala

Colombo

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Opinion

‘Post turtle’ revisited

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I have written about this amusingly thought-provoking creature, the ‘post turtle’ to ‘The Island’ around three years ago (appeared in the opinion column of The Island newspaper on the 19th of June 2018, titled ‘The post turtle era’). The story, which I am sure most of you have heard/read already, is obviously not a creation of mine and I happened to come across it somewhere, sometime ago. 

And for the benefit of those, who haven’t heard the story, it goes like this:

“While surturing a cut on the hand of an old Texas rancher, the doctor struck up a conversation with the old man. Eventually, the topic got around to politics and then they discussed some new guy, who was far too big for his shoes, as a politician.

The old rancher said, ‘Well, ya know he is a post turtle’. Not being familiar with the term, the doctor asked him what a ‘post turtle was’.

The old rancher said, ‘When you are driving down a country road and you come across a fence post with a turtle balanced on top, well, that’s your ‘post turtle’.

The rancher saw a puzzled look on the doctor’s face, so he went on to explain. ‘You know, he didn’t get up there by himself, he doesn’t belong up there, he doesn’t know what to do while he is up there, and you just wonder what kind of a dumb ass put him up there in the first place’.”

Now I was having this nice, little siesta, the other day and suddenly there appeared ‘the turtle’ in front of me, sitting on a fence post, seemingly doing a precarious balancing act as the post itself was too high for it to give it a try to jump down to the ground. Not that it probably wanted to do it anyway for it looked quite contended and happy sitting there doing absolutely nothing. And no doubt some loyal and dumb all rolled into one, must have put him up there and been feeding it well too, for it looked quite contended and fat showing a thick head that kept turning to the left and then to the right, while its tongue kept on lolling out as if it was saying something, which must have been absolute gibberish and rubbish anyway.

What a fitting and symbolic representation, 

I mean this ‘post turtle’, of the lot, or the majority of it sitting across ‘the oya’, I mused on after I woke up from my snooze.

Many of them get there thanks to the gullible voter, who while ticking the boxes, thinks: he/she will surely deliver the goods this time as promised! 

And those two-legged post turtles inside the edifice, bordering the Diyawanna, like the one in the story, keep uttering sheer rubbish and spitting out incomprehensible mumbo jumbo, all in return with thanks to those, who tick the boxes in their favour.

Their statements such as ‘what is oxygen for, to eat?’, is just one among many such stupendously stupid utterances of theirs and I don’t want to tire you with the rest, for they are well known and far too many.

Now I have only one question for you before I end this:

When are we going stop being ‘those dumb asses’, once and for all?

Laksiri  Warnakula  

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