Wednesday, July 31, 2024

Need for an epistemological break

A critical note on People’s Struggle Alliance press briefing in Jaffna

By Ragavan

The People’s Struggle Alliance, a coalition including the Front-Line Socialist Party, the New Democratic Marxist-Leninist Party, various student activists, and individuals, held a press conference in Jaffna on July 23, 2024. This date holds symbolic significance due to the state-sponsored violence against Tamils in July 1983.

I watched the conference online and wish to critically engage with the issues addressed by the speakers. I concur with their views on the economic challenges faced by Sri Lankans and their opposition to the IMF deal for managing the debt crisis. The argument that an unmandated government entered into an agreement with the IMF, thereby burdening ordinary citizens with debt repayment while those responsible for accruing the debt face no consequences, is accurate. The Alliance strongly opposed the IMF agreement and the involvement of multinational corporations and foreign governments.

The Alliance’s stance on the majoritarian Sinhala-Buddhist state structure, violence against Tamils and other minorities, the brutal conflict waged against Tamils by the armed forces, military occupation in the north and east, land grabbing under the guise of archaeological excavations using distorted history, and the lack of justice for the disappeared are all positive indicators.

Contradictory statements

However, I am deeply concerned about the contradictory statements from three Tamil speakers from the Alliance regarding the ‘national question.’ There appears to be no consistent approach to this issue. The speakers asserted that, unlike other parties, the Alliance’s political programme is genuine and people-centered, and they called on Tamils to join their struggle. However, they did not clearly define the solution to the ‘national question.’ The speakers introduced themselves as members of the Alliance and stated that the press conference aimed to briefly outline the party’s position on socio-economic issues and the ‘national question.’

One speaker, Swasthika Arulingam, mentioned that the 13th Amendment is part of the constitution and that political parties are claiming they will fully implement it. She stated that such declarations would not solve the ‘national question,’ and instead, the Alliance proposed suyadchi units (self-rule units). However, she did not explain why the 13th amendment has not been fully implemented. The Alliance also failed to clarify what these self-rule units entail. Will they retain the province as the self-rule unit as outlined in the 13th Amendment, or are they proposing a different model? Any move to relegate the unit of devolution without substantial power-sharing will likely be viewed with suspicion by Tamils in the North and East, and Muslims in these provinces may also be wary. Therefore, it is crucial for the Alliance to clarify its position on the unit of devolution, the powers to be devolved, and mechanisms to prevent the central government or the Executive President from unilaterally retracting devolved powers without the province’s consent.

My understanding is that the lack of political will in the south, coupled with the immense power vested in the executive presidential system, is a major impediment to the full implementation of the 13th amendment. Provincial Governors, appointed by the President, have the authority to dissolve Provincial Governments. The unitary government has been reluctant to grant police and land powers to Provincial Governments due to its majoritarian nature and fear of backlash from Sinhala Buddhist elements. Furthermore, if the southern polity is unwilling to fully implement the 13th Amendment, which is already part of the constitution, how does the Alliance plan to convince them that self-rule is the solution to the national question? The key political task is to campaign for the abolition of the executive presidency, advocate for devolution of powers, and disseminate a counter-hegemonic discourse to challenge the majoritarian mindset. Without creating such a discourse, these proposals have no meaning.

Meaning of Suyadchi

Let me elaborate on the meaning of Suyadchi in the Sri Lankan Tamil political parlance. The Federal Party in Sri Lanka campaigned for a federal state structure where Tamils in the north and east could form a federal government within a united Sri Lanka. However, in 1968, V. Navaratnam, a Federal Party parliamentarian, left the party and founded Tamil Suyadchi Kazhagam (Tamil Self Rule Party), advocating for an independent Tamil homeland. The LTTE leader Prabakaran was inspired by the Suyadchi Kazhagam’s campaign and formed the LTTE in the 1970s. Thus, Suyadchi implies the right to secession and the formation of an independent, sovereign state. Therefore, when a political party invokes Suyadchi, it suggests the right to self-determination and secession. A more appropriate political term might be regional autonomy (Manila Suyadchi), meaning granting more political powers to regions within a united state. However, regional autonomy should not be defined along ethnic lines, as this could create divisions among Tamils, Muslims, and Sinhalese within those territories.

Swasthika Arulingam did not say that suyadchi (self-rule) was based on the right of self -determination concept. She said that it was only a proposal.

In contrast, another speaker, Senthivel, stated that the ‘national question’ has long remained unresolved by the state or political parties in Sri Lanka, and the Alliance’s solution is to acknowledge the right to self-determination for Tamils and establish ‘suyadchi’ (self-rule). He also mentioned that there are four nationalities and several ethnic groups in Sri Lanka.

Unitary state structure

Another speaker, Rajeevkanth, expressed the Alliance’s position as fully opposing the unitary state structure and advocating for Suyadchi (self-rule) for Tamils. He said that Tamils have waited for a long time for Suyadchi and that the Alliance has proposed a solution for Tamils to govern themselves under Suyadchi. He emphasised that while the Alliance does not oppose the 13th Amendment, it acknowledges that the amendment does not resolve the ‘national question.’ He further stated that, unlike other southern parties, which often say one thing in Tamil regions to gain favour and propagate racism in the south, the Alliance has a written policy statement clearly defining Suyadchi as the solution for the Tamil people.

This position seems similar to Gajendrakumar Ponnambalam’s party’s ‘one country, two nations’ policy.

Furthermore, Rajeevkanth mentioned that in 1983, thousands of Tamils were killed and there has been no accountability until now. This statement is factually incorrect. When the People’s Alliance government came to power in 1994, former President Chandrika Kumaratunga made a public apology. In 2001, she appointed a truth commission, and 1, 278 people submitted claims for compensation. The commission submitted a report on the violence, accepted 949 cases, and a total of 72 million rupees was paid to the victims. In 2004, at a meeting to mark the 21st anniversary of the pogrom, she made a second public apology, declaring that every citizen in the country should collectively accept the blame and apologise to the tens of thousands who suffered. While these measures may not be sufficient and exception, at least the head of state made a public apology and accepted accountability. Tamil nationalists, however, seem to have a selective memory on this issue.

‘National question’

I do not understand Sinhala and am not fully aware of what the Sinhala speakers said about the solution to the ‘national question.’ Unfortunately, their speeches were not translated into Tamil or English (except Pathirana, who spoke in English, and Uduwaragedara, who briefly spoke in Tamil). Uduwaragedara also mentioned that the Alliance’s proposal is Suyadchi. My understanding is that the Alliance’s official position is to devolve power to regions, not based on ethnicity or identity, with regional governments established as self-governing bodies without central government interference, operating under a bicameral legislative system.

Instead of clearly presenting the Alliance’s proposals, Rajeevkanth invoked Tamil nationalist sentiments in a populist manner. Senthivel also stated that the solution was based on the right to self-determination and ‘suyadchi.’

In the Sri Lankan context, especially in the north, not only social class but also caste plays a crucial role in social stratification. The conspicuous absence of addressing caste discrimination at the press conference is notable. If the Alliance has a social justice agenda, it is questionable why caste and gender issues were not highlighted. While it is true that Tamils, Muslims, hill country Tamils, and other minorities lack political power, full democratic rights, and social justice in Sri Lanka, experience has shown that competing nationalist ideologies are often exclusive, intolerant, and undemocratic, as ethnic identities are constructed in terms of superiority and cultural uniqueness rather than equality, fraternity, and liberty. Historically, divisions between ethnic groups have deepened due to competing Sinhala and Tamil nationalisms and the war.

Lessons from the past

Lessons from the past suggest that territorialising ethnic identities has an exclusivist agenda, as evidenced by the eviction of the Muslims from the north during the LTTE rule. Therefore, while combating Sinhalisation and Buddhisisation is crucial, and any move re-draw the provincial boundaries of the Northern and Eastern provinces in a manner favouring Sinhala majoritarianism should be resisted, the demand for autonomy from the North and East should be rearticulated in regional terms as opposed to ethnic terms in order to ensure power-sharing is not exclusive to one ethnic group. There is a need to shift the discourse of resistance in the North-East of the country from one predicated on exclusivist narratives like Tamil homelands to inclusive ones that embrace all the people who currently inhabit these two provinces regardless of their ethnicity, religion, culture and language. It is through such an epistemological shift accompanied by inclusive policies and programmes that a new, robust idea of regional autonomy that can challenge the ongoing Sinhalisation and Buddhisisation of the region can be created.

Devolution of power to regions is essential for a democratic society. However, as Rosa Luxemburg warned, national self-determination can be a dangerous distraction from the imperative to collaborate with labour movements. Sri Lanka faces a severe economic crisis, debt burden, and exploitation of labour and natural resources by multinational corporations and governments. The marginalised, such as workers, peasants, plantation workers, women, LGBT+ individuals, and oppressed castes, are the most affected. The Alliance, as a progressive movement, ought to address fundamental issues such as devolution of powers and class, caste, and gender divisions, as well as exploitation and dispossession, to unite the people.

Furthermore, the most affected community in Sri Lanka is the Malayaga Tamils, especially plantation workers, who have been disenfranchised, ostracized, exploited, and marginalised. Malayaga Tamils are often overlooked in the national consciousness and treated as outsiders. The speakers were silent on Malayaga Tamils when discussing suyadchi, as if it applies only to Tamils in the north.

Therefore, the Alliance should clarify what they mean by self-governing units and their solution to the ‘national question’ (I prefer the term “question of minorities”). I also want to point out that the interpretations by Senthivel and Rajeevkanth are misleading and may reinforce the conventional belief among Tamils that the Alliance proposes self-rule for Tamils in the north and east or regional autonomy based on ethnic/linguistic lines. Additionally, any mechanism created for the implementation of regional autonomy should address caste, gender, and class-based discrimination in the north, east, and other provinces.

Marx once said, “The tradition of all dead generations weighs like a mountain on the brains of the living’. He said that it is like a beginner learning a new language tends to translate back into their mother tongue. They only truly assimilate the new language and express themselves freely when they stop recalling their native language and fully immerse themselves in the new one.

In a country like Sri Lanka, where ethno-nationalist politics has polarized the communities and made them see each other as enemies, we need a new language to talk about our political future under a framework of devolution which emphasizes inclusiveness rather than exclusiveness.

During the Aragalaya protests, a democratic atmosphere emerged organically, leading to critical reflections and engagement within Left and progressive groups regarding past injustices committed in the name of nationhood, the failures of nation-state building in the post-colonial context, and the exclusion of ethnic minorities. These issues have been extensively discussed and debated. Within the communities, there is a growing consensus that political leaders have distorted the facts to wield power, using divisive politics as their tool to deceive the people.

Although there was a crack in the Sinhala Buddhist majoritarian ideology during Aragalaya, a century old political and social discourse cannot be expected to be transformed within a short period of time.

In those protests, a fresh outlook and new modes of thought emerged, highlighting the need for progressive forces to advance the incipient ideas introduced by the youth. However, reactionary and divisive political forces are still present and may attempt to regain their influence. This is only the beginning, and building an inclusive democratic society is challenging but essential. The progressive forces within the Sinhala community have a duty to address state injustices and violence against ethnic minorities, often justified in the name of nation, patriotism, and sovereignty.

Historically, to oppose the majoritarian nationalist ideology, the Tamil political leadership in the north and east constructed a defensive Tamil nationalist ideology, which mirrors Sinhala nationalism in its discursive relationship to the minorities within the region. Tamils from these regions are depicted as a unique people with an inalienable right to a separate state. These ideologies operate within the socio-political landscape and continue to play a divisive role, framing political, social, and economic crises in reductive ways solely in ethnic terms.

It seems that the Alliance has not properly engaged with these burning issues. Instead, it is attempting to appease Tamil nationalist elements, which is counterproductive. The paramount task is to ideologically challenge the undemocratic, ethnocratic, neoliberal state structure, which is the root cause of the political and economic crisis that Sri Lanka is faced with today. Changing/ challenging the character of the state in the ideological terrain and disseminating a counter-hegemonic ideology—a new language that partially emerged during the Aragalaya — is the foremost task. Without such an epistemological shift, proposals and statements are meaningless.

Ragavan is a Tamil activist based in London who participated in Aragalaya protests in London. He is also a member of the Movement for People’s Struggle – UK, a solidary group supporting Aragalaya.



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Jamaica’s Shericka Jackson to skip women’s 100m race at Paris Olympics 2024

Shericka Jackson of Jamaica will not run in the 100 metres when Olympic track events start, saying that the injury she suffered at a tune-up race earlier this month played a part in the decision.

Jackson said on Wednesday she will run in her better race, the 200 metres, where she is the only woman other than the world-record holder, the late Florence Griffith Joyner, to finish in under 21.5 seconds.

The Olympic track meet  starts on Friday, highlighted by the opening round for the women’s 100, where Jackson had been listed as the second favourite behind world champion Sha’Carri Richardson.

Jackson’s announcement does come in the wake of her pulling up with an apparent injury late in a race in Hungary three weeks ago.

The Jamaican was leading the race entering the home straight before abruptly slowing down, grimacing and putting her head in her hands as she eventually walked across the finish line.

“It was a combination of things,” Jackson said. “I got hurt, and me and my coach felt like it was a good decision to only run one event.”

Jackson won national titles at both distances earlier this year and was expected to be part of a typically strong pool of Jamaican sprinters.

Now, she joins another Jamaican, two-time defending champion Elaine Thompson-Herah, on the sidelines. Another Jamaican, 37-year-old Shelly-Ann Fraser-Pryce, is in the mix in her fifth and final Olympics; Fraser-Pryce won the 100 in 2008 and 2012.

Earlier this week, Jackson’s coach, Stephen Francis, told the Jamaica Gleaner website that Jackson “appears OK to me”.

Jackson, however, described the decision to pull out as coming from both herself and Francis.

“It was a combination of so much stuff that I personally don’t want to talk about,” she said. “Sometimes, you have to go through a rocky road to get where you’re trying to go. And my rocky road has happened to me.”

The 30-year-old took bronze in the 100 at Tokyo and won a silver medal behind Fraser-Pryce at the world championships in 2022. She has won the last two world titles at 200 meters.

Last year’s win came in a time of 21.41 seconds. It was only .07 seconds off Flo-Jo’s 36-year-old world record and after that win, the discussion turned to when, not if, Jackson or a rival – possibly American Gabby Thomas – would break that hallowed mark.

While Thomas has the three best times of 2024, headed by a 21.78, Jackson’s best time this year is 22.29, with which she won Jamaica’s national title in June. She insists she is ready for the 200, which starts with qualifying Sunday.

“I always felt good. I felt good about both the 100 and the 200,” she said. “I’m definitely healthy, and I’m definitely OK.”

At the last Olympics, Jackson misjudged the field in an opening-round race of the 200, decelerated too quickly and ended up finishing fourth and not advancing for a shot at the title.

She had called it a devastating moment, though on Wednesday she said that despite what happened, being at the Olympics was still a great experience. She went on to team with Fraser-Pryce, Thompson-Herah and Briana Williams to add gold in the 4×100 metre relay to her 100-meter bronze.

Round one of the women’s 100-metre at the Paris Olympics is scheduled for Friday at the Stade de France.

The semifinals and final are programmed for Saturday.

The opening round for the 200m is due on Sunday, with the semifinals a day later and the final on Tuesday.

(BBC)



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Former Provincial Council representatives from SLPP and UNP pledge support for President Wickremesinghe

Addressing former Provincial Council representatives from the Sri Lanka Podujana Peramuna (SLPP) and the United National Party (UNP), President Ranil Wickremesinghe announced that he would contest the upcoming presidential election as an independent candidate and pledged to delegate responsibilities to all 10 governing bodies, including the 9 provincial governments and the central government.

The President further emphasized the importance of safeguarding and advancing the country’s growing economy. He asserted that the agreement with the International Monetary Fund (IMF) must remain intact; highlighting that it is everyone’s responsibility to continue working toward economic progress, even during the elections.

Former Chief Minister of the Western Province, Isuru Devapriya’s proposal to support President Ranil Wickremesinghe at the upcoming presidential election was supported by 116 former provincial council representatives, including T.M.R. Siripala, who affirmed it with their endorsement.

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Tuesday, July 30, 2024

Pre-70s Peterite Batch holds AGM

The Pre- Seventies Peterites Batch Group of St. Peter’s College held their 15th AGM on 18th July 2024 at the Old Boys Union Secretariat (Legends Auditorium).

President Jayantha Atapattu welcomed those present, including the new President of the OBU Roshan Fernando.

After a prayer by Rev. Fr. Srian Ranasinghe and the initial formalities concluded, the President, in his speech thanked the OBU President for his attendance and the support he received from the Committee of Management (COM) and all members during his tenure as President. He also outlined the projects undertaken and completed. As he was not contesting the post of President Atapattu remained as Pro-Tem Chairman.

With the concurrence of the house the following were elected to the COM for 2024 /25

OFFICE BEARERS OF THE PRE-SEVENTIES BATCH FOR 2024/25

EX- OFFICIO

* ⁠Patron – Rev. Fr. Rohitha Rodrigo, Rector

* ⁠Vice Patron – Roshan Fernando, President of the OBU

* ⁠Immediate Past President – Jayantha Atapattu

ELECTED

* ⁠President – Algi Wijewickrema

* ⁠Vice President – Mahinda Saranapala

* ⁠Hony. Gen. Secretary – Rodney Martenstyn

* ⁠Hony. Treasurer – Michael Rodrigo

* ⁠Asst. Secretary – Joseph Silva

* ⁠Asst. Treasurer – Nalin Jayasuriya

General Committee Members:

* Erajh Balasuriya

* ⁠Nihal Wijeratne

* ⁠Srinath Fernando

Vice Patrons

* ⁠ Harold Jansz

* ⁠Hector Pietersz

Hony. Auditor

Cedric Silva, Chartered Accountant

Present at the AGM (from left) : Seated – Elray Pereira, Jayantha Atapattu, Rodney
Martenstyn, Algi Wijewickrema, Fr. Srian Ranasinghe, Ronnie Gunaratne, Michael Rodrigo
Standing – Lakshman Perera, Mindzey Gomesz, Kosala Kunarasinghe, Ravi Fernando,
Srinath Fernando, Nihal Wijeratne, Nalin Jayasuriya, Hector Pietersz, Erajh Balasuriya,
Joseph Silva, Cedric Silva, Ranjith de Silva and Tilak Samaraweera.

Newly elected President Algi Wijewickrema speaking after his election thanked the outgoing Committee and expressed his desire to serve St Peter’s, the OBU and the Batch members.

The meeting concluded with the singing of the College Anthem and three hearty cheers for St. Peter’s followed by fellowship enjoyed by all present.



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Challenge before main presidential candidates

by Krishantha Prasad Cooray 

There’s a political poster that’s been splashed on the walls of Colombo. Black letters on a yellow background mean that the author or the party cannot be identified. It is obviously a teaser campaign. It comes with a promise, which of course is the bread and butter of all politicians. Apparently, ‘the lie will come to an end,’ and on the 29th, the name of the messiah who will take all Sri Lankans to some yet-to-be-named promised land will be revealed.

This is the season for that kind of thing, so the timing is not bad at all. After all, people are talking about elections these days. They are wondering if elections will be held soon and, if so, whether it would be a presidential or parliamentary election. They talk about candidates, those who have announced their intentions and those who might very soon.

An election there will be, that much is certain. Will it be to elect a president or 225 parliamentarians? Let’s first consider the second option, which at this point is something that the president can decide upon.

A general election will tell us the relative strengths of the various parties and, of course, the temper of the electorate. As things stand, two political groups stand to gain: the Samagi Jana Balavegaya (SJB) and the National People’s Power, better known as the NPP, which is made up of the Janatha Vimukthi Peramuna (JVP) and a scattering of individuals of varying stature and more or less nondescript organisations.

The Sri Lanka Podujana Peramuna, or the ‘Pohottuwa’, would benefit only in the sense that a few would get elected, whereas they would probably fare even worse if a presidential election comes first; the winner and the winner’s party would gain enough edge to shove the Pohottuwa closer to the dustbin of history. In any event, they wouldn’t even get king-making numbers. The Sri Lanka Freedom Party (SLFP) is where the United National Party was after Gotabhaya Rajapaksa won the presidential election in 2019. The SLFP might secure a few seats in an alliance but would be an also-ran if it opts to contest alone.

How about the NPP? Today, the NPP is being considered by people who would not have a few years or even a few months ago. They say, ‘let’s try these people out.’ That’s the slogan of the desperate, dispossessed, and maybe the hopeful. Nevertheless, that ‘default option’ might work in their favour, although anything less than an absolute majority would make the ‘we can and we will win’ mantra they’ve been marketing sound a bit hollow.

The UNP was the Grand Old Party, but the ‘grand’ part of it is no longer valid. They have a president, but the question is, ‘where are his people?’ Some may answer, ‘with Sajith’, while others might think that in a season of shifting alliances, prominent stalwarts may gravitate back to the political walawwa. In a word, unlikely, especially if a parliamentary election is held first.

Why should the President risk it all by going for a general election when he may be able to cobble together a workable alliance should he run for President and win? He is risk-averse, as he clearly showed in 2010 and 2019 when the stars were aligned against him. In 2015, he worked out the arithmetic: Maithripala Sirisena had a better chance, and the premiership was a decent consolation prize.

It’s a presidential election that’s on the cards. This forces us to consider the contenders: as of now, Ranil Wickremesinghe (UNP, with or without the support of ex-UNPers), Sajith Premadasa (SJB sans Sarath Fonseka and Champika Ranawaka from his 2019 team), and Anura Kumara Dissanayake (JVP plus all those who have to utter the prayer ‘We are NPP and not JVP’ to convince themselves that they are not gullible).

We could delve into the histories of the relevant parties, ideologies espoused and amended, and track records, but that would only produce dirty and bloodied hands. Sri Lanka and Sri Lankans are realists; they go for the ‘best of the bad lot’ simply because it’s their names that are on ballot papers. In a presidential election, they look at candidates more than parties, personalities more than ideology or party history. So, let’s consider these three because the others are still peripheral to the case: Ranil Wickremesinghe (RW for convenience), Sajith Premadasa (SP), and Anura Kumara Dissanayake (AKD).

RW is the most experienced politician in the country. He’s either been a cabinet minister, the Leader of the Opposition, Prime Minister, or the President since the age of 28, except for a few months between Gotabhaya’s rise and fall. His detractors may say that he was a pin-chance president, but in all sobriety, it has to be acknowledged that when everyone was ready to slash and burn, only he undertook the unenviable task of dousing a nation that had been set on fire. Chest-beaters and braggarts ranted and raved, but RW brought about some semblance of stability. We are not out of the woods, as he often says, but he has made it possible for people who believe that they will not be lost in the wilderness forever.

The question is, ‘RW with whom?’ He simply doesn’t have a team that’s worth talking about. He has depended on the same set of people whose one and only character trait is self-interest, in other words, keeping RW in power so they could exercise power. Their blemishes are many. Let’s leave it at that.

A few weeks ago, at an event marking Rohitha ‘Raththaran’ Abeygunawardena’s 27 years in politics, Pohottuwa strongman Basil Rajapaksa took a not-so-veiled dig at the President, ‘Nayath nae, bayath nae (we are not in debt to you, and neither do we fear you).’

That was one of many moments where RW could have shed the Pohottuwa baggage. After all, at this point, the Pohottuwa needs RW more than he needs the Pohottuwa. He could have spoken about debts owed by the Rajapaksas, not just to him but to every citizen of this country and those yet unborn.

He could have spoken about fear. He could have said, for example, that it’s quite alright for anyone not to fear him, but that he knows how terrified Basil was during the last days of the Aragalaya, where he took refuge and who offered him protection. He didn’t say anything, which begs the question, ‘if a man is not willing to stand up for himself, will he stand up for you?’

In the end, RW continues to stand with the debtors and the arsonists. Why then should anyone believe he would abandon them at any point?

Speaking of standing up, we can also talk about SP. Just the other day, party stalwart Hirunika Premachandra was arrested. Now Hirunika, without a doubt, is a brave woman. She stood up to the supposedly invincible Rajapaksas all by herself. Indeed, the events she set off helped RW, SP, and AKD; this too must be mentioned.

This is not to say she’s a paragon of virtue and can do no wrong. She took the law into her hands, albeit on behalf of a victim. No one says that SP should have criticised the judges in this case, but he could have talked about Hirunika’s courage or simply offered a word of support in her moment of distress. He did not. In a country where thugs get away scot-free and politicians pamper them no end, this was the least he could do. He did nothing. If he doesn’t have a kind word for someone like Hirunika, would he care about the trials and tribulations of the ordinary citizen?

SP is no ‘fresh face’ in politics. He’s been in Parliament for 24 years. He’s been a cabinet minister and the Leader of the Opposition. He adds to this the half a century of his father’s political life, almost at every turn. He thereby lays claim to President Premadasa’s legacy but forgets that it was not untainted.

To his credit, he has a team or rather has so far managed to make them toe his line. That says a lot about his team, though. The SJB was launched in opposition to RW, RW’s dictatorial ways, and the UNP’s lack of internal democracy. Today, SP is no better than RW when it comes to giving leadership to a party. It’s his way or the highway. He has arrogated upon himself all decision-making powers. The stalwarts say nothing. Are they fascinated with navel-gazing, one must ask.

RW is the leader of the party of which SP was the deputy leader for a long time. So, the UNP’s one-time leader and deputy are the President and Leader of the Opposition, respectively. Ironically, they have no ideological differences. They are actually very much alike in the way they lead their parties. However, even to save the country or defeat a common enemy, these two just can’t come together. Their egos and self-interest are bigger than all that.

RW is around 20 years older than SP. SP didn’t realise that he doesn’t lose if RW wins. RW didn’t realise that it is not a disgrace to go out of his way to talk SP into returning to the UNP. Is self-interest and ego what’s most important to these two? If so, it disqualifies both of them. They are not the leaders most suited to face the challenges of the next five years.

What about AKD? AKD, like SP, came to Parliament in 2000. He too was a cabinet minister. He was very vocal when the JVP backed President Chandrika Kumaratunga, Mahinda Rajapaksa, and Sarath Fonseka. He was the leader of the party when the JVP backed Maithripala Sirisena. He cannot wash away the sins he was party to, even if today’s JVP talks and acts as though political life in Sri Lanka began after 1988-89.

The JVP, for all their rhetoric, still seems to be a confused political entity. They simply cannot go beyond populist slogans. There’s a glaring lack of coherence and clarity in the statements issued by party stalwarts. Their concerns about governance are legitimate, and one might even believe that they are serious about fixing the flaws. Indeed, AKD must at some point understand that the make-or-break matter is finance and governance, not only governance. We are simply too close to the brink to have the luxury of a system-fix first. As of now, they are in “dennam-kaasi” mode, or ‘we will fix this, we will do that, etc.’ Nothing of the ‘how.’ Ask them a question about policies and processes, and the NPP boys and girls get hot under the collar, shower invective on the well-meaning questioner and their political rivals. That’s been the JVP’s history. The NPP is no better.

Despite some inconsistencies by certain members of the NPP regarding policy issues, AKD comes out as a man of sincerity. He does not belong to some political family and, as such, does not carry dynastic baggage. Most importantly, he undoubtedly has empathy for the people who bear the brunt of all the manufacturing defects of the system and the additional burdens created by the major political parties when in power.

So, where do we stand? Does Sri Lanka need RW’s experience? Should Sri Lanka be wary of his isolationist tendency and an unelected inner circle who has his ear and, worse, may be controlling his mind? Can Sri Lanka afford not to have SP’s team? Should Sri Lanka worry about a team that may waive intellect, reason, and integrity in favour of a clearly self-absorbed leader, a man who tends to be about ‘I, me and myself’? Can Sri Lanka afford AKD’s idealism in a party that has the word but not the wisdom?

We need a candidate who thinks, feels, and acts like a leader. We need a candidate who understands that he may not have the answers but has the wisdom and humility to seek out those who may have them and embrace them regardless of what’s happened in the past. We need a candidate who has the fortitude to see beyond presidential powers and fortunes of party and loyalists. We need the candidate who least fears talent, ability, and vision in political rivals or non-political actors. We need, above all, a candidate who respects the independence of the judiciary to a fault and follows the rule of law.

None of the above three could be described in the above manner right now. They could move in those directions and perhaps offer some hope so that people may vote for someone who can unify the country, face challenges, and deliver.

RW, SP, and AKD have a task: convince the electorate that they should not give up on hope and that they should not look elsewhere for a leader.



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India sweep T-20 series in Super Over thriller

 BY REX CLEMENTINE at Pallekele

Sri Lanka suffered another batting collapse as they surrendered early advantage in the third T-20 International against India to lose the game in the Super Over after scores were tied at Pallekele International Stadium on Tuesday.

Chasing 138 to win, Sri Lanka were well on course having reached 110 for one and needed a run a ball with nine wickets in hand. Then the collapse started. They lost nine wickets for 27 runs in dramatic fashion and this game was further evidence that the team has not addressed batting woes.

With plenty of gaps on the field, there were many options to keep rotating the strike or picking up twos, but many experienced campaigners fell trying to clear the boundary on a wicket where the spinners had a lot of assistance.

Kusal Perera was the main culprit. He has been the in form batter in the series and was cruising when he attempted to take on Rinku Singh and the all-rounder completed a return catch to start the slide. He made 46 in 34 balls.

India blundered as well but Sri Lanka outperformed their opponents when it came to blunders. Khaleel Ahmed sent down eight wides in the 18th over to reduce the equation to nine runs in the last two overs.

Rinku Singh was called up to bowl the penultimate over and he picked up two wickets to put pressure on the tail as only three runs were scored in the over.

Mohammed Siraj was ready to bowl the final over but the captain changed the plans and brought himself on with the spin bowling options exhausted. He did a terrific job. Suryakumar had never bowled in T-20 Internationals before and had to contain with just four fielders outside the 30-yard circle as India had been slow with the over rate.

He dismissed Kamindu Mendis and Maheesh Theekshana in successive balls to make it six needed in three balls. Asitha Fernando managed a single off the fourth ball, putting debutant Chamindu Wickramasinghe on strike. But he couldn’t find a boundary in the remaining two balls and scores were levelled.

Sri Lanka managed only two runs in the Super Over bowled by Washington Sundar.

Suryakumar opened batting for India with three runs needed for a whitewash. He swept the first ball by Maheesh Theekshana and the short fine leg fielder misfielded and the ball reached the boundary to sum up Sri Lanka’s miserable day.

The teams now move to Colombo for the three-match ODI series.

SCORECARD
India innings
Yashasvi Jaiswal lbw b Theekshana                      10
Shubman Gill st Kusal Mendis b Hasaranga         39
Sanju Samson c Wanindu b Wickramasinghe         0
Rinku Singh c Pathirana b Theekshana                    1
Suryakumar Yadav c Hasaranga b Fernando           8
Shivam Dube c Kusal Mendis b Ramesh Mendis  13
Riyan Parag c Ramesh Mendis b Hasaranga         26
Washington Sundar b Theekhana                           25
Ravi Bishnoi not out                                                  8
Mohammed Siraj run out (Kusal Mendis)               0
Extras: (lb 2, w 5)                                                      7
Total: (for nine wickets)                                      137
Overs: 20
Fall of wickets: 1-11 (Jaiswal), 2-12 (Samson), 3-14 (Rinku), 4-30 (Suryakumar), 5-48 (Dube), 6-102 (Gill), 7-105 (Parag), 8-137 (Sundar), 9-137 (Siraj).
Bowling: Chamindu Wickramasinghe 4-0-17-1, Maheesh Theekshana 4-0-28-3 (w 1), Asitha Fernando 2-0-11-1 (w 1), Ramesh Mendis 3-0-26-1 (w 3), Wanindu Hasaranga 4-0-29-2, Kamindu Mendis 3-0-24-0.
Sri Lanka innings
Pathum Nissanka c Parag b Bishnoi                     26
Kusal Mendis lbw b Bishnoi                                   43
Kusal Perera c & B Rinku                                       46
Wanindu Hasaranga c Bishnoi b Sundar               3
Charith Asalanka c Samson b Sundar                   0
Ramesh Mendis c Gill b Rinku                               3
Kamindu Mendis c Rinku b Suryakumar              1
Chamindu Wickramasinghe not out                     4
Maheesh Theekshana c Samson b Suryakumar  0
Asitha Fernando not out                                          1
Extras: (lb 2, w  8)                                                  10
Total: (for eight wickets)                                   137
Overs: 20
Did not bat: Matheesha Pathirana.
Fall of wickets: 1-58 (Nissanka), 2-110 (Kusal Mendis). 3-117 (Hasaranga), 4-117 (Asalanka), 5-129 (Perera), 6-132 (Ramesh), 7-132 (Kamindu), 8-132 (Theekshana).
Bowling: Khaleel Ahmed 3-0-28-0 (w 7), Mohammed Siraj 3-0-11-0, Washington Sundar 4-0-23-2, Ravi Bishnoi 4-0-38-2 (w 1), Riyan Parag 4-0-27-0, Rinku Singh 1-0-3-2, Suryakumar Yadav 1-0-5-2.
Result: Match tied – India won in Super Over


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Monday, July 29, 2024

Thousands flock to Milan for spectacular 2nd edition of Sri Lanka Cultural Festival, showcasing heritage and gastronomy

The second edition of the Sri Lanka Cultural Festival in Milan was successfully held on 13th and 14th July 2024, at Parco Sempione in the heart of Milan. The event was organized for the second consecutive year by the Consulate General of Sri Lanka in Milan in collaboration with the Sri Lanka Tourism Promotion Bureau and under the esteemed patronage of the Municipal Council of Milan, Consulate General of Sri Lanka in Milan said.

The primary goals of this festival were to raise awareness among Italians and other foreign nationals about Sri Lanka, especially of its cultural heritage, unique aesthetic aspects of different kinds, gastronomy and natural beauty; as well as to strengthen cultural ties between the

two countries and promote Sri Lanka as a tourist destination. Thousands of people attended and enjoyed a wide array of activities organized and Sri Lankan products that were made available at the venue.

The event highlighted back-to-back cultural performances from 10.00AM in the morning till 9.00PM on both days, providing two days of immersive experiences for the attendees. The spectacular cultural performances were by talented members of Sri Lankan expat community in Northern Italy.

The featured exhibit of the first edition of the Sri Lanka festival held in 2023 was ‘Traditional Manor House’ or ‘Walawwa’, whereas this year it featured traditional bridal attire and decorations of Sinhala, Tamil and Muslim communities depicting an aspect of culturally and religiously diverse tapestry of Sri Lankan society.

Live cooking demonstrations and numerous food stalls allowed visitors to savour authentic Sri Lankan cuisine, including the renowned Ceylon Tea, exotic tropical fruits such as king coconuts, rambutan and canistel, etc., ice cream made of Sri Lankan flavours such as wood apple, mangoes and also Sri Lankan fruit-based pickles (achcharu) etc.

Traditional Sri Lankan crafts were highlighted through booths displaying mask making and wood carvings, attracting significant interest. Other notable attractions included booths showcasing Sri Lankan precious and semi-precious stones and jewellery made of them, Sri Lankan batik and handloom products, various handicrafts and one dedicated to traditional ayurvedic medicine and wellness practices.

The children’s area offered several activities aimed at engaging young attendees, including features to raise awareness of both official languages of the country and traditional sports and arts and crafts.

Visitors were also fascinated by the photo-booth area arrangements specially with the models of life-sized elephant family and 3D image of a Sri Lankan leopard.

A successful fashion show featured batik and handloom garments and also showcased traditional Sri Lankan attire.

Additionally, an exhibition of Sri Lankan paintings and photographs drew considerable interest from Italian nationals and tourists alike. A special booth dedicated to promoting Sri Lanka as a tourist destination offered visitors the chance to participate in a raffle, with the winners selected on stage at the end of the event. The raffle was supported by several participating travel agencies, that sponsored winning prizes.

The festival, saw the participation of prominent guests including Elena Buscemi, President of the Milan City Council, the Mayor of Baranzate, Milan City Council officials, numerous diplomatic representatives and media personnel.



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CPA: Warns country heading towards constitutional crisis

The Centre for Policy Alternatives (CPA) has raised concerns about the actions of the President and the government in response to the Supreme Court’s interim order last week restraining Deshabandu Tennakoon from exercising the powers, functions, and responsibilities of the office of the Inspector General of Police (IGP).

Issuing a statement, the policy think-tank, based in Colombo, said this interim order had been met with statements by the government, including a formal statement in Parliament by the Prime Minister on 27 July, explicitly rejecting it, that raises alarm as to whether Sri Lanka is heading towards a constitutional crisis.

Urging the President to desist from any or all action that raised that prospect, CPA said the Election Commission had issued a gazette setting the date of the Presidential Election to be held on 21st September 2024, and it was incumbent on the Government and all stakeholders to adhere to the Constitution and respect the integrity of the election.

CPA warned that any attempt to subvert elections, and the rule of law, will have significant implications on governance and democracy and setback Sri Lanka’s path towards economic recovery and stability.

According to CPA, the following briefly sets out some of the recent events and their implications.

*  The Supreme Court’s Interim Order on the IGP

The Supreme Court’s interim order this week was in response to several cases filed challenging the appointment of Tennakoon as IGP. One of the petitions was filed by CPA’s Executive Director. After hearing lengthy submissions, the Court found that the Petitioners’ case could proceed to the next stage and in light of the strong case made out, the Court also granted an interim order.

CPA welcomes the interim order which upholds the clear and unambiguous provisions of the Constitution. CPA’s position is that, on the documents produced by the Respondents in court, including the minutes of the Constitutional Council meeting, it is clear that the President could not have appointed Tennakoon as IGP on 26th February 2024, as the required support of at least five members of the Constitutional Council was not met.

CPA notes that the President is duty-bound to uphold the Constitution. Nothing in the order would prevent the President from making an acting appointment after following the appropriate procedure set out in the Constitution. If the President does not make an acting appointment, that is a choice he makes and he would be fully responsible for the consequences of that choice. Willful violation of the Constitution, including by refusing to do what the Constitution requires him to do, is a ground on which a President can be impeached. As seen in several recent cases, a person holding the office of President can also be held liable in his individual capacity even after the conclusion of his term of office for such violations. In such a context, any action to subvert and/or undermine the Constitution by the individual holding the office must be monitored and necessary legal action pursued.

*  Misinformation on the Supreme Court’s Interim Order

CPA also notes that there has been significant misinformation on the validity and the impact of the Supreme Court’s order, including in the Prime Minister’s statement to the House on 27th July. The Supreme Court’s interim order was not against Parliament, nor was it against the Constitutional Council. The Constitutional Council, moreover, is not a committee of Parliament and thus is not protected by the parliamentary privilege of exclusive cognisance. A judicial decision that the President disagrees with is not a sufficient basis to claim a judicial attack on the powers and privileges of Parliament. The order of the Supreme Court restrains Tennakoon personally from functioning in the office of IGP. Any suggestion that the order is an order against the functions of Parliament is without merit and lacks any basis in terms of the Constitution and the law. Having misinformed itself on these matters, the Government has in its irresponsible response to the Supreme Court acted in breach of several constitutional conventions that are central to the rule of law, the separation of powers, and the independence of the judiciary. These include the conventions that the Government: obeys the orders of a court even and especially when it does not agree with the reasoning of a judicial pronouncement; does not attack the judiciary in Parliament or elsewhere; and observes the sub judice principle.

CPA also notes the misinformation campaign to indicate that the President cannot make an acting appointment to cover the functions of the office of IGP. This claim is patently false. The Constitution makes specific provisions for acting appointments (Article 41C(2)). The only requirement is that when such an appointment is for a period of more than two weeks, the President needs to get the approval of the Constitutional Council. Furthermore, recent examples dispel these false claims. Firstly, in the aftermath of the 2019 Easter Sunday attacks, the then President appointed Mr. C.D. Wickramarathne as acting IGP whilst Mr. Pujith Jayasundara (who was the IGP) was suspended pending investigations into his conduct. More recently, an acting appointment to the office of IGP was made when Mr. Tennakoon was first appointed as acting IGP in November 2023.

As such, there is no impediment for the President to make an acting appointment to the office of IGP. In fact, the Constitution requires the President to respect the order of the Court and his own responsibilities in terms of the Constitution to make a suitable acting appointment. It is unfortunate that the President seems to be acting in a manner intended to frustrate the order of the Court and subvert the Constitution.

* The Supreme Court’s Interim Order and the Presidential Election

CPA notes the attempts to imply that the interim order may have a bearing on the holding of the presidential election. The interim order has no impact on the conduct of elections. The order leaves it open to the President to make a suitable acting appointment in terms of the Constitution. Even if the President does not make such an appointment, the Election Commission has a provision in the Constitution to give necessary orders to the hierarchy of the Sri Lanka Police to perform functions relating to the election (Article 104G and 104GG).



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Sunday, July 28, 2024

Rape of democracy

Monday 29th July, 2024

Mahinda Rajapaksa, as the President, provided unwavering political leadership for defeating the LTTE and ending decades of terror, much to the relief of all peace-loving Sri Lankans. But what he did to the country afterwards has been rightly likened to a person raping a damsel in distress after saving her life. He received a sobering knock from the public in the 2015 presidential race. The people gave him another chance which he, ably assisted by his family, squandered big time. The man who made Prabhakaran take to his heels had to head for the hills in 2022. The save-and-rape tradition, as it were, continues.

President Ranil Wickremesinghe prides himself on having provided political leadership for a war of sorts on the economic front—not without reason. His efforts have yielded some tangible results; shortages of essentials and winding queues near fuel stations, etc., are now things of the past, and the country’s foreign exchange reserves are improving thanks to some unpopular yet essential measures he dared adopt. Most of all, he intrepidly saved democracy in 2022 by ordering a crackdown on the hordes that were rattling the gates of Parliament, which they were all out to march on and perhaps set ablaze. But today we hear agonising screams of the damsel of democracy as well as Justitia.

The Provincial Council and Local Government elections have been made to disappear, and the ruling party politicians have even arrogated to themselves the power of interpreting the Constitution and refused to implement a Supreme Court order that IGP Deshabandu Tennakoon be suspended and an Acting IGP appointed. They abuse parliamentary privileges to issue warnings to the judiciary, which they falsely accuse of straying into what they call the preserves of the Executive and the Legislature, and their acolytes threaten to summon upright judges before parliamentary committees.

Nobody would have been surprised if support for the suppression of democracy, especially the attacks on the judiciary, had come from the SLPP leaders, but, worryingly, Prime Minister Dinesh Gunawardena has chosen to lead the government’s charge against the judiciary from the front.

Even those who have known Gunawardena for decades as a democrat must have taken a careful look at his visage on television, last week, to see if he was sporting a toothbrush moustache, which became a visual representation of the Third Reich. It must have pained those who admired Gunawardena for his contribution to safeguarding democracy in the past to see him being economical with the truth for the sake of the government.

One may recall that Gunawardena gained national prominence by standing up to the dictatorial J. R. Jayewardene regime, in which Wickremesinghe was a minister. He took up the cudgels for the people’s franchise and won the Maharagama by-election in 1983 against tremendous odds. President Jayewardene scrapped the 1982 general election for fear of losing his five-sixths majority in Parliament, and held a heavily-rigged referendum instead, after undertaking to hold by-elections in the electorates where the UNP would lose. He had to hold 18 such by-elections, four of which were won by the Opposition despite large-scale rigging and violence unleashed by the UNP. Anil Moonesinghe, Richard Pathirana and Amarasiri Dodangoda won the Matugama, Akmeemana and Baddegama electorates, respectively. Forty-one years on, Gunawardena is stretching the truth and uttering mistruths in defence of Wickremesinghe, whom Richard Pathirana’s son, Ramesh, is also backing.

If President Wickremesinghe had stuck to the economic front, and leveraged his contribution to managing the country’s worst-ever economic crisis to shore up his image and recover lost ground, while respecting democracy and refraining from plunging headfirst into unholy politics, perhaps he would have been able to regain enough popular support in the current presidential race. But old habits are said to die hard. Politicians take leave of their senses when power goes to their heads.

All those who have chosen to usurp the powers of the judiciary, and make democracy suffer to further their sinister political ends, ought to realise that the dustbin of history is where tinpot dictators are destined to end up.



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Principles and Proposals for Political and Constitutional Reform for Democracy

Collective for Democracy and Rule of Law

Part III: Democratic Governance and People’s Rights

[Part II of this article appeared in The Island of 26 July. It was marked Part III due to an inadvertent error, which we regret. This is the third and concluding part of the article]

Constitutional Council

A Constitutional Council was set up mainly due to civil society pressure to curb the excessive powers of the executive presidency and to depoliticise the state and public service. It was also expected to function as a system of checks and balances to curb governmental power. We also view the Constitutional Council as an instrument for achieving a national consensus on high-level appointments and propose its retention even under a parliamentary system of government. At present, while members of independent Commissions are appointed on the recommendation of the Council, appointments to high positions are made on the nomination of the President, subject to approval by the Council. We propose that both categories be appointed on the recommendation of the Council.

We propose that the Constitutional Council will consist of:

(a) the Prime Minister;

(b) the Speaker, who will be the Chairperson of the Council;

(c) the Leader of the Opposition in the House of Representatives;

(d) the Chair of the Senate;

(e) five persons appointed by the President on the nomination of both the Prime Minister and the Leader of the Opposition; and

(f) one person appointed by the President upon being nominated by Members who do not belong to the respective political parties or independent groups to which the Prime Minister and the Leader of the Opposition belong.

In nominating the five persons referred to in subparagraph (e), the Prime Minister and the Leader of the Opposition will need to consider nominations made by national professional bodies and civic organisations. They should also consult the leaders of political parties and independent groups represented in Parliament. They are obliged to ensure that the Constitutional Council reflects the pluralistic character of Sri Lankan society, including professional and social diversity. The five persons referred to in subparagraph (e) and the person referred to in subparagraph (f) should be persons of eminence and integrity who have distinguished themselves in public or professional life. They should not be members of any political party. Parliament must approve their nominations.

Judiciary

The procedure for the appointment and removal of Judges of Superior Courts and the appointment of the members of the Judicial Service Commission has a direct bearing on the independence of the Judiciary. We are of the view that the independence of the Judiciary would be better assured if such appointments were on the recommendation of the Constitutional Council rather than with its approval as at present.

A welcome trend is that more citizens and civic organisations are coming forward to challenge Bills before the Supreme Court. We have, elsewhere, proposed that post-enactment judicial review of laws and Provincial statutes be permitted. With complex constitutional issues being raised in courts, it is best that they be adjudicated by a specialised Constitutional Court.

We make the following proposals:
Judges of Superior Courts

Appointments to the Constitutional Court, Supreme Court and Court of Appeal would be made by the President on the recommendation of the Constitutional Council. The Constitutional Council will consider the views of the Chief Justice and the two senior-most Judges of the Supreme Court.

Allegations of misbehaviour or incapacity contained in a resolution for the impeachment and removal of a Judge of a Superior will be inquired into by a panel of three retired Judges of the Constitutional Court or the Supreme Court. They should be appointed by the Speaker on the recommendation of the Constitutional Council.

We propose a Code of Conduct applicable to Judges of Superior Courts. Allegations of serious infractions of the Code of Conduct shall be inquired into by a panel of three retired Judges of the Constitutional Court or the Supreme Court. They will be appointed by the President on the recommendation of the Constitutional Council.

New steps need to be taken to further enhance the independence and integrity of the judges. Therefore, we propose that the Constitution provide for the economic security of retired Judges of the Superior Courts by appropriate means, including a pension equivalent to the salary, perquisites, and emoluments of a sitting Judge. Retired Superior Court Judges shall not perform any function which would bring them monetary gain, advantage or benefit, except as authorised by the Constitution or by written law or with the written consent of the President.

Constitutional Court

The Constitutional Court will consist of seven Judges appointed by the President on the recommendation of the Constitutional Council. Judges will be chosen from among persons who have distinguished themselves in the Judiciary, the legal profession or legal education/research with specialised knowledge of Constitutional Law. They would be appointed for a term of five years and would not be eligible for reappointment. Any matter falling within the jurisdiction of the Constitutional Court arising before any court will be referred to the Constitutional Court. Therefore, a question of the Constitutional Court overruling another court will not occur.

The exclusive jurisdiction of the Constitutional Court will be as follows: interpretation of the Constitution; judicial review of Bills and Acts of Parliament and draft Statutes and Statutes of Provincial Councils; the validity of a Proclamation relating to the intervention by the Centre in a Provincial Council; disputes between the Centre and Provincial Councils and between Provincial Councils; review of its judgments; inquiries into allegations of violations of fundamental rights by the Office of the Attorney-General, Office of the Public Prosecutor and the Office of the Public Defender.

To ensure citizens’ easy access to justice, the Court of Appeal will conduct its sittings in each Province. It will have an original fundamental rights and language rights jurisdiction. An appeal would lie to the Supreme Court with leave from the Court of Appeal or special leave from the Supreme Court. The civil appellate jurisdiction of the Provincial High Courts shall be transferred to the Court of Appeal sitting in the Provinces.

Offices of Attorney-General, Public Prosecutor and Public Defender

The Office of the Attorney-General will have to be an independent entity. The Attorney-General will be the Chief Legal Officer of the Republic. The person holding that office must uphold and safeguard the sovereignty and rights of the People and the public interest. An independent Office of Public Prosecutor and an independent Office of the Public Defender will also be set up.

The Attorney-General, Chief Public Prosecutor, and Public Defender will be appointed by the President on the recommendation of the Constitutional Council.

Fundamental Rights

The global trend is to give constitutional recognition to (a) civil and political (first-generation rights), (b) economic, social and cultural (second-generation rights), and (c) environmental and development rights (third-generation rights) as judicially enforceable rights.

We propose that the Chapter on fundamental rights be improved to include universally recognised rights. The scope of civil and political rights will be broadened. The right to life, human dignity, bodily integrity, and privacy will be guaranteed. The right of access to justice and the right to fair State action will be recognised. Social and economic rights, cultural rights, rights of women, children, the aged and the disabled, as well as group, environmental and development rights, would be recognised as judicially enforceable rights. Social and economic rights would include the right to education, right to health, right of access to sufficient food, clean water, sanitation, adequate housing and shelter, appropriate social protection and decent employment, freedom from exploitation, the right to the enjoyment of just and favourable conditions of work, and consumer rights. Every person has the right to a clean and healthy environment, including the right to have the environment, biodiversity and ecosystems protected for the benefit of present and future generations.

Article 12(1) of the present Constitution or its equivalent in a new Constitution, which assures all persons equality before the law and equal protection of the law shall have the following proviso: Special provision made by law, subordinate legislation or executive action, for the advancement of women, children, disabled persons, disadvantaged groups or communities shall not be deemed to violate the rights guaranteed by this sub-Article.

Fundamental rights shall be interpreted in the light of the Directive Principles of State Policy but without in any manner restricting the scope of fundamental rights and with due regard to the international legal obligations of Sri Lanka and other sources of international law.

Public interest litigation will be expressly recognised. Applications filed within a reasonable time would be entertained. The Public Defender can institute a fundamental or language rights application in the public interest.

All existing laws would be read subject to the Constitution, including the Chapter on fundamental rights.

International law

At present, the executive enters into treaties without any reference to the legislature. We propose that the Constitution should require that every treaty, along with a memorandum explaining its implications, be tabled in the House of Representatives at least one month before ratification. The House of Representatives may adopt a resolution recommending ratification, reservations or even non-ratification. The executive would be bound by the terms of such resolution. Parliament shall be informed of the ratification of every such treaty forthwith.

Sri Lanka has accepted human rights obligations, but the people have not had the benefit of all such obligations, which remain on paper domestically. We propose that provisions of a human rights treaty shall become a part of the domestic law on the expiry of a period of two years reckoned from the date of ratification. The House of Representatives may, by resolution, extend such period by one year or reduce such period. Any further extension of the period, not exceeding one year at a time, would require a two-thirds majority. Where the House of Representatives passes a law incorporating a part but not the entirety of a treaty before automatic incorporation, the unincorporated provisions would become domestic law at the end of the period concerned.

In relation to human rights treaties to which Sri Lanka is a party at the time the new constitutional provisions come into effect, the two-year period shall begin to run from such time.

Directive Principles of State Policy

Directive Principles of State Policy should provide that budgetary allocations for education, health, housing, etc., be guided by internationally accepted criteria. Directive Principles of State Policy, while not justiciable, should be inviolable.

National Policy Making

The Constitution shall provide for the establishment of a National Policy Commission to ensure policy continuity to the extent possible, better policy-making and consensus across party lines in key areas.

Language

Sinhala, Tamil, and English shall be the official languages of Sri Lanka.

A person would be entitled to communicate or transact business with any official in Sinhala, Tamil, or English and to receive a response from such an official in the language in which the person communicated.

The right to obtain a copy of a document in Sinhala, Tamil, English, or a translation, will be guaranteed. The Constitution will also ensure (a) the right to give information regarding any birth, death, or marriage in Sinhala, Tamil, or English, (b) to receive the original certificate of such birth, death, or marriage in such language, and (c) the right to give information regarding the commission of an offence in Sinhala, Tamil, or English.

A child will be entitled to primary education in any official language of the child’s parents’ choice. The other two official languages shall be taught as subjects in the school curriculum.

The State shall provide adequate facilities for the persons with disabilities or special needs to exercise the right to communicate and seek information through all forms of communication of their choice, including augmentative and alternative means and modes of communication such as Braille, large print, sign language, visual media as well as simplified versions when exercising the administrative, educational or judicial function stated in this chapter. Sign Language shall be recognized as the language of communication for the deaf community, and its use should be promoted.

The State shall provide facilities to preserve or foster a language used by any numerically small linguistic community if the Official Languages Commission recommends that such facilities be granted.

Public Security

In the aftermath of the Easter Sunday attacks, it came to light that the National Security Council had no legal basis. The then President, while giving instructions that the Prime Minister, the State Minister of Defence and the Inspector-General of Police should not be invited to Council meetings, invited Opposition MPs belonging to his party for such meetings.

We propose that the Constitution define the composition of the National Security Council and that its decisions, subject to national security considerations, be open to scrutiny and accountability.

National security must be pursued in compliance with the law, including Sri Lanka’s international legal obligations. National security is subject to the authority of the legislature and the national executive.

Geoffrey Alagaratnam, President’s Counsel

Dr. A.M. Navaratne Bandara, Former Professor in Political Science, University of Peradeniya

Bhavani Fonseka, Attorney-at-law, Senior Researcher, Centre for Policy Alternatives

Dr. Mario Gomez, Executive Director, International Centre for Ethnic Studies

Dr. Sakuntala Kadirgamar, Executive Director, Law & Society Trust

Saliya Pieris, President’s Counsel

Dr. Pakiasothy Saravanamuttu, Executive Director, Centre for Policy Alternatives

Dr. Kalana Senaratne, Department of Law, University of Peradeniya

M.A. Sumanthiran, President’s Counsel

Professor Deepika Udagama, Chair Professor of Law, University of Peradeniya

Professor Jayadeva Uyangoda, Emeritus Professor of Political Science, University of Colombo

Dr. Jayampathy Wickramaratne, President’s Counsel

Lal Wijenayake, Attorney-at-law



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Sri Lanka collapse again to hand India T-20 series

REX CLEMENTINE at Pallekele

Sri Lanka seemed to have learned little from their humbling experience in the first T-20 International against India where their batting collapsed in a heap as the middle order again failed to cash in after an electric start from the top three in the second game at Pallekele on Sunday.

Rain gave India a revised target of 78 in eight overs and they reached there with nine deliveries to spare with eight wickets in hand. They clinched the series with a game to spare.

On a used wicket, after being put into bat, Sri Lanka were 130 for three and with five overs remaining were looking for setting at least a target of 180, but so dramatic was their collapse that they managed to post only 161. The hosts lost seven wickets for 31 runs in 30 deliveries. The previous game they had lost nine wickets for 30 runs,.

The collapse started when Kamindu Mendis took on Hardik Pandya but failed to clear Rinku Singh at mid-wicket. In the same over, Kusal Perera attempted the same shot and was caught by Rinku.

Kusal came back to form top scoring 53 in 34 balls with six fours and two sixes.

Then in the next over, leg-spinner Ravi Bishnoi picked up two wickets in two balls as Dasun Shanaka and Wanindu Hasaranga fell without scoring. Effectively, Sri Lanka lost four wickets for ten runs in the space of ten deliveries.

Shanaka has now picked up back-to-back ducks. Into the bargain he had a poor World Cup as well and his position at number six now has become untenable. Sri Lanka need to move on from Shanaka having depended on him too much.

Monday’s last T-20 International will be a dead rubber but Sri Lanka will be playing for pride. A couple of changes are expected for the game from Sri Lanka.

Scorecard
Sri Lanka innings
Pathum Nissanka lbw Bishnoi                  32
Kusal Mendis c Bishnoi b Arshdeep        10
Kusal Perera c Rinku b Hardik                   53
Kamindu Mendis c Rinku b Hardik            26
Charith Asalanka c Samson b Arshdeep  14
Dasun Shanaka b Bishnoi                            0
Wanindu Hasaranga b Bishnoi                    0
Ramesh Mendis st Pant b Axar                 12
Maheesh Theekshana b Axar                      2
Matheesha Pathirana not out                      1
Extras: (lb 1, w 10)                                     11
Total: (for nine wickets)                           161
Overs: 20
Fall of wickets: 1-26 (Kusal Mendis), 2-81 (Nissanka), 3-130 (Kamindu), 4-139 (Perera), 5-140 (Shanaka), 6-140 (Hasaranga), 7-151 (Asalanka).
Did not bat: Asitha Fernando.
Bowling: Mohammed Siraj 3-0-27-0 (w 1), Arshdeep Singh 3-0-24-2 (w 1), Axar Patel 4-0-30-2 (w 1), Ravi Bishnoi 4-0-26-3, Riyan Parag 4-0-30-0, Hardik Pandya 2-0-23-2 (w 7).
India innings
Yashasvi Jaiswal c Shanaka b Hasaranga       30
Sanju Samson b Theekshana                               0
Suryakumar Yadav c Shanaka b Theekshana  26
Hardik Pandya not out                                        22
Rishabh not out                                                     2
Extras: (lb 1)                                                         1
Total: (for three wickets)                                  81
Overs: 6.3
Fall of wickets: 1-12 (Samson), 2-51 (Suryakumar), 3-65 (Jaiswal).
Did not bat: Riyan Parag , Rinku Singh , Axar Patel , Arshdeep Singh , Ravi Bishnoi , Mohammed Siraj.
Bowling: Dasun Shanaka 1-0-12-0, Maheesh Theekshana 2-0-16-1, Wanindu Hasaranga 2-0-34-1, Matheesha Pathirana 1.3-0-18-1.
Result: India won by seven wickets.  [DLS Method]


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Saturday, July 27, 2024

Special religious programme to celebrate Yatalamatte Dhammajothi Thero’s 65th birthday and 50th monkhood anniversary

Arrangements are being made to hold a special religious program today (28) at the Gahakoladeniya Sri Gunawardenarama Temple in Yakkalamulla to celebrate the 65th birthday and the 50th anniversary of monkhood of Ven. Yatalamatte Dhammajothi Nayaka Thero.

Devotees and his students have organized a series of Pinkamas for the occasion.

Ven. Yatalamatte Dhammajothi Thero, born on July 28, 1960, in Yatalamtta, was ordained as a monk in 1974 at the age of 14 under the guidance of Ven. Ransegoda Dhammanandabhidhana Nayaka Thero. He received his primary education at Sri Saranapala Pirivena in Nakaiyadeniya, Galle, and his secondary education at Vidyaloka Pirivena in Galle. After graduating from the University of Peradeniya, he began teaching at Keragala Padmawathie Pirivena.

He was higher ordained on June 3, 1982. After the death of his teacher, he became the Chief Incumbent of Gunawardenarama Temple in Gahakoladeniya, where he has significantly contributed to the development of the temple and the village, according to the event organizers.



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Sri Lanka collapse in dramatic style in first T-20

BY REX CLEMENTINE at Pallekele

Sri Lanka were threatening to chase down their highest target in T-20 Internationals, but after a terrific start they collapsed to hand India a convincing 43 run win at Pallekele on Saturday.

Chasing 214, Sri Lanka were cruising at 140 for one, but the dismissal of Pathum Nissanka triggered a sensational collapse.  The hosts lost nine wickets for 30 runs in 38 balls to give India a 1-0 lead in the three-match series.

Sri Lanka had promised to address their batting woes, but instead of beefing up the batting, they strengthened the bowling and paid the price. It has been discussed before that Dasun Shanaka has failed to do the job at number six but again he was a failure run out for a duck without facing a ball. Dasun did not bowl either and had failed during the World Cup too.

Sri Lanka will be better off dropping Dasun down to number seven and getting an additional batter into the top six to ensure that collapses of yesterday’s nature  become  a familiar sight.

Sri Lanka did give away at least 20 runs due to poor fielding while dropped catches too hurt them badly. India caught and fielded well and fielding made a big difference in the game.

Pathum Nissanka and Kusal Mendis added 84 runs for the first wicket in 52 balls and Nissanka in particular was batting so well putting the loose balls away with ease.

Th opener reached his half-century in 34 balls before being cleaned up by Axar Patel. His 79 came off 48 balls with seven fours and four sixes. His dismissal took the momentum away from Sri Lanka as the new batters perished trying to keep pace with the run chase.

India got off to a good start reaching 74 for one at the end of the Power Play. Wanindu Hasaranga then claimed a wicket off his first ball to check the run flow.

Suryakumar Yadav ensured that India finished with a competitive score as he top scored with 58 runs in 26 balls with eight fours and two sixes.

India’s batters were dismissed trying to take on Matheesha Pathirana as the fast bowler finished with four wickets.

SCORECARD

India innings
Yashasvi Jaiswal st Kamindu Mendis b Hasaranga    40
Shubman Gill c Fernando b Madushanka                   34
Suryakumar Yadav lbw b Pathirana                             58
Rishabh Pant b Pathirana                                              49
Hardik Pandya b Pathirana                                            9
Riyan Parag b Pathirana                                                 7
Rinku Singh b Fernando                                                 1
Axar Patel not out                                                         10
Arshdeep Singh not out                                                 1
Extras: (w 4)                                                                  4
Total: (for seven wickets)                                      213
Overs: 20
Fall of wickets: 1-74 (Gill), 2-74 (Jaiswal), 3-150 (Suryakumar), 4-177 (Pandya), 5-192 (Parag), 6-201 (Pant), 7-206 (Rinku),
Did not bat: Ravi Bishnoi and Mohammed Siraj.
Bowling: Dilshan Madushanka 3-0-45-1, Asitha Fernando 4-0-47-1 (w 1), Maheesh Theekshana 4-0-44-0, Wanindu Hasaranga 4-0-28-1, Kamindu Mendis 1-0-9-0, Matheesha Pathirana 4-0-40-4 (w 3).

Sri Lanka innings
Pathum Nissanka b Axar                                             79
Kusal Mendis c Jaiswal b Arshdeep                            45
Kusal Perera c Bishnoi b Axar                                     20
Kamindu Mendis b Parag                                             12
Charith Asalanka c Jaiswal b Bishnoi                          0
Dasun Shanaka run out                                                  0
Wanindu Hasaranga c Parag b Arshdeep                     2
Maheesh Theekshana b Parag                                      2
Matheesha Pathirana c Axar b Siraj                             6
Asitha Fernando not out                                                0
Dilshan Madushanka b Parag                                        0
Extras: (lb 2, w 2)                                                          4
Total: (all out)                                                         170|
Overs: 19.2
Fall of wickets: 1-84 (Kusal Mendis), 2-140 (Nissanka), 3-149 (Perera), 4-158 (Asalanka), 5-160 (Shanaka), 6-161 (Kamindu Mendis), 7-163 (Hasaranga), 8-170 (Pathirana), 9-170 (Theekshana), 10-170 (Madushanka).
Bowling: Arshdeep Singh 3-0-24-2, Mohammed Siraj 3-0-23-1, Axar Patel 4-0-38-2 (w 1), Ravi Bishnoi 4-0-37-1, Hardik Pandya 4-0-41-0 (w 1), Rayan Parag 1.2-0-5-3.

Result: India won by 43 runs

 



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Friday, July 26, 2024

Empowering a financial future: NDB NEOS & CRIB partnership since 2021

In the dynamic realm of personal finance, creditworthiness is paramount, impacting eligibility for various financial products. At the core of this evaluation lies the CRIB report – an intricate credit dossier managed by the Credit Information Bureau of Sri Lanka (CRIB). Understanding the nuances of a CRIB report, recognizing its significance, and cultivating habits to maintain a positive report are pivotal for navigating the financial landscape.

A CRIB report serves as a comprehensive credit summary, offering insights into an individual’s credit history, encompassing critical details such as credit accounts, outstanding balances, repayment history, and instances of defaults or late payments. Lenders, including banks and financial institutions, heavily rely on this report when assessing an individual’s creditworthiness for loans, credit cards, or other financial products.

The importance of maintaining a positive CRIB report cannot be overstated, opening doors to favorable financial opportunities. A positive report attests to responsible financial behavior, enabling access to loans or credit with competitive interest rates. Conversely, a negative report, marked by late payments or defaults, can hinder one’s ability to secure credit and potentially lead to unfavorable terms.

Practices conducive to a positive CRIB report encompass critical considerations. Timely repayments on credit cards, loans, and other financial obligations are imperative, as late payments can adversely affect the CRIB report. Prudent debt management is essential, emphasizing the maintenance of a balanced debt-to-income ratio, a key factor scrutinized by lenders during evaluations. Regularly reviewing the CRIB report to identify inaccuracies or discrepancies is crucial, with prompt rectification of errors being essential for an accurate reflection of one’s credit history. A diverse mix of credit types, including credit cards, loans, and mortgages, positively influences the credit score. While exploring credit options, limiting the number of credit applications is advisable, as multiple inquiries within a short timeframe can be viewed unfavorably.



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Thursday, July 25, 2024

Justice Minister to run for President

Minister of Justice Dr. Wijeyadasa Rajapakshe yesterday announced that he would run for President.

“I am coming forward as a candidate for the victory of the Sri Lankan state and its people,” Rajapakshe told reporters at the Independence Arcade on Thursday.

Rajapakshe criticised short-sighted policies for leading to the country’s economic crisis and increasing poverty. In announcing his policies, Dr. Rajapakshe emphasised the need for special banks to support entrepreneurs, increased efficiency in the state sector, and regulation of the private sector.

Highlighting his foreign policy, Rajapakshe stressed the importance of maintaining friendly relations with all countries with priority given to neighbouring nations. He also noted his efforts to combat corruption, mentioning a new law to strengthen the bribery commission and his recent signing of a cabinet paper on the proceeds of crime bill.

Rajapakshe outlined steps he had taken to promote national reconciliation and addressed concerns about his dual role. (RK)



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Wednesday, July 24, 2024

Chinese largesse helps Susil to save Rs 6 bn

Education Minister Susil Premjayantha has claimed that he saved Rs 6 bn by obtaining the entire stock of school uniform material required for 2025 as a Chinese grant.

A statement issued by the Education Ministry quoted Minister Premjayantha as having said that China provided 80% of the requirement in 2024 and he was able to convince China to further enhance the grant this year.



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