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- The Tiger shipping empire
David Osler of Lloyd's List investigates how one of the world’s most feared guerilla organisations runs a fleet of general cargoships in its spare time. The Liberation Tigers of Tamil Eelam, which has waged separatist insurgency in northern Sri Lanka since 1974, is one of the world’s more unusual shipowners.- Sinhala Buddhist politics and Mahinda Rajapaksa
- Liberal Party proposals for a new Constitution - 6
- LEGAL WATCH
Violence as a method of first resort- Sunday Island Politics
Rebels rewarded, Cooray at Rukman’s dana
David Osler of Lloyd's List investigates how one of the world’s most feared guerilla organisations runs a fleet of general cargoships in its spare time. The Liberation Tigers of Tamil Eelam, which has waged separatist insurgency in northern Sri Lanka since 1974, is one of the world’s more unusual shipowners.
Its workaday flag of convenience vessels spend much of their time on legitimate commercial work, carrying cargoes such as fertiliser, timber, flour, rice, sugar and cement. But their real purpose is to provide the logistical capability to fuel a war that has already claimed more than 50,000 lives.They also facilitate heroin smuggling and illegal immigration rackets that provide much of the finance for the struggle.
Shipping is just part of a bigger picture that includes stock and money market investments, real estate, restaurants, farms, shops and finance companies.
Because these vessels are legally owned and managed, classed and flagged, Lloyd’s List has been able to piece many of the details together. Some of the vessels and associated companies are named here for the first time.
Political unrest
Political unrest by the Tamil minority in the north of Sri Lanka began in the 1970s, flowing from undoubted injustices suffered at the hands of successive governments dominated by the Sinhala majority.
A maritime dimension was built in from the start. First, the movement’s early bastion was the port of Velvettiturai, colloquially known as VVT.
For centuries, the residents of VVT formed a distinct Tamil seafaring caste, trading as far as the South China Sea and Java.
Second, just 22 miles over the sea, lies the ethnically Tamil Indian state of Tamil Nadu, a natural foreign base. The trip takes about one hour by speedboat.
Initially, the Indian government actively encouraged the Tigers. After all, New Delhi reasoned, Colombo had military links with Pakistan and China, two states with border conflicts with India.
Tens of thousands of Tamil militants were provided with sanctuary, finance, training and weapons. The conflict intensified in 1983, following anti-Tamil riots of sufficient intensity to deserve the label pogrom. This led to the creation of at least 100,000 refugees, taking the Sri Lankan Tamil diaspora worldwide to 450,000.
Tamil communities
Tamil communities began to develop in non-Tamil Indian cities, including Mysore, Bangalore and Bombay. In Bombay they began to cement an alliance with a local shipowner, named by intelligence sources as Pratima Das.
Lloyd’s List has been unable to trace any Indian shipowner of that exact name. A number have that surname, which is common in India, and it not being suggested that they have Tiger links.
Until this point, the Tigers had only limited shuttle capability between India and Sri Lanka. That was rapidly proving insufficient, as the rebels began to source weapons from such governments as North Korea and Myanmar, and arms dealers in Europe and the Middle East.
Like any shipper in such circumstances, the Tigers turned to the chartering market to support its logistics needs. But this only created further problems.
Between 1983 and 1985, several arms consignments on chartered tonnage met with various mishaps.
One - named in press reports as the Ivy B - ran aground in Egypt, complete with her cargo of 2.5 tonnes of armaments. Another, named as the Palavan, was intercepted ex-Singapore in Madras, laden with Chinese weapons.
As a result of such difficulties, the Tigers decided to become shipowners in their own right. Their first purchase was a 1966-built 1,334 dwt general cargoship bought from Singapore, which traded as the Cholan. Incidentally, in this period the group reportedly constructed its own vessel - no mean feat for a guerilla organisation - on the Kerala coast.
Need to develop
The need to develop a merchant fleet became more pressing after a major diplomatic reversal, in the shape of the 1987 Indo-Lanka accord. Suddenly Colombo was back on side with New Delhi.
Suspected Tamil Tiger guerrillas, some as young as 15, are held in captivity at a military camp in Anuradhapura, Sri Lanka.
Around 100,000 Indian troops were sent to Sri Lanka to wage war on the Tigers on their home turf.
Although the state government of Tamil Nadu continued to offer succour to the rebels, the Tigers decided to establish facilities further afield, which necessitated greater shipping capability.
Charged with heading this aspect of the Tigers’ work was arms procurement chief Kumaran Padmanathan. This man has used over 20 aliases, but is best known as simply KP. His team is known as the KP Department.
Diplomatic pressure
Through existing ties with the military regime in Myanmar, a permanent Tigers naval base was established on the Myanmar island of Twante. That had to be vacated in January 1996, following diplomatic pressure on Rangoon from Colombo.
However, during this period the vessels are believed to have carried consignments of heroin for resale on the streets of the developed world.
The colossal profits helped fund the Tiger war machine. Another regular - and more conventional - trade was hardwoods.
It is now believed that a second Tiger shipping base has been set up on a Thai island near the holiday resort of Phuket.
Press and intelligence sources have since named a number of vessels believed to have undertaken missions for the Tigers. Most are small general cargoships, registered in Panama, Honduras or Liberia and owned by front companies. They spend the overwhelming majority of their time carrying commercial cargoes. The crews - usually VVT Tamils - are paid for their work, unless they are Tiger cadres.
By following ships’ ownership histories, it is possible to identify a number of companies that have assisted the rebels’ efforts. It is also possible to build up a picture of some of the Tigers’ shipping operations.
Unknown type
A vessel of unknown type, variously named as either the Swanee or the Sweene, handled the Tigers’ biggest known consignment yet in August 1994, loading 50 tons of TNT and 10 tons of the explosive RDX at the Ukrainian Black Sea port of Nikolayev.
The consignment had been arranged by a Dhaka-based company, Carlton Trading, set up by KP.
An end-user certificate was ostensibly signed by Bangladesh’s defence secretary, stating that the cargo was destined for Bengali forces.
The Swanee arrived off the Sri Lankan coast in September, having called at Twante on route. It offloaded under the protection of Tiger speedboats.
The RDX was used in a January 1996 truck bomb that devastated Colombo’s financial centre, killing 91 and injuring over 1,400.
Indian and Sri Lankan naval patrols have cost the Tigers several vessels.
These include the San Lorenzo-registered Yahata, which left Phuket in January 1993, while under observation by an Indian submarine. On board was a senior Tiger commander, Krishnakumar Sathasivam, better known by the nom de guerre Kittu. In the Bay of Bengal, she was renamed Ahat by the painting over of the first and last letters of her name. Around midnight on January 16, she was intercepted by the Indian Navy some 20 km off Jaffna. Rather than surrender, Kittu and the other Tigers on board ordered the crew to swim to safety. Then, with the help of the explosives on board, they blew the vessel up.
Biggest setback
But the biggest setback came in early 1996, with the loss of a vessel variously named as the Liberian-registered Julex Comex 3, Commes-Joux or Comex-Joux 3. After leaving Phuket, she changed her name at sea to Horizon. But western intelligence sources in Thailand leaked details of her voyage. On February 14, she was offloading her cargo of weapons onto smaller craft near Trincomalee when Sri Lankan attack fighters and patrol boats moved in for the kill.
1997 saw an audacious scam, after the Tigers heard that the Sri Lankan government had ordered 32,000 mortar shells manufactured by Zimbabwe Defence Industries. They simply sent one of their vessels to the Mozambique port of Beira and were able to pick up the consignment by pretending she was acting for the Sri Lankan authorities. The bombs were later used against government forces.
Lloyd’s List has been able to trace two vessels thought to have undertaken work for the Tigers. In their most recent incarnations, they have traded as the Venus and the Emerald, utilising a closely interlinked international network of owning and operating companies.
The Venus first enters the picture in October 1987, when the 4,310 dwt general cargoship was known as the Iliyana, and was reported to have unloaded weapons off Mulativu. She has had eight changes of name since 1989, in addition to one period in which her identity is not known. She went on to become the Sun Bird, the Omiros, the Victory, the Victory 9, the Ola, the MGD 1 and the Laluna del Mar 1, and has since June last year traded under her present name, under the registered ownership of a Syrian-based entity, Zayoud.
Sri Lanka’s Sunday Times newspaper has named two ships - the Yelicia and the Pethiya - as Tiger vessels.
In fact, these are both names previously used by the Emerald, between July 1989 and April 1992 and between June 1992 and February 1993 respectively.
The 1,197 dwt general cargoship was last known to be managed by a company called Miramar Shipping, of 2 Afentouli Street, Piraeus.
Industry sources name Miramar’s parent as Sea Freighters Navigation, of the same address, and the principal as a Mr Ejaz, a Pakistani national.
However, the company appears not to have traded for around a year, and its listed phone and fax lines are dead.
Sea Freighters was established in 1991, and appears to have been the key company in the Tamil Tigers’ shipping network.
It also had extensive past involvement with the Venus in its former incarnations.
As well as sharing an address with Miramar, Sea Freighters controlled four companies in Honduras.
These are Apatite Shipping Company (founded 1992), Chariot Shipping Company (1992), Naviera del Pacifico (1994) and Prado Shipping (1991). These companies are among the previous and present registered owners of both the Venus and the Emerald.
For instance, Apatite owned the Venus from June 1992 to December 1994. After that, the ship changed hands, and was owned by Naviera until September 1996.
The Emerald has been owned by Chariot since June 1992. The Venus and the Emerald share another past common owner, Point Pedro Shipping Inc, which is registered at a box number in Panama City.
Point Pedro - named after the northern tip of Sri Lanka, in the Tamil heartlands - was the registered owner of the Venus from January 1989 to May 1992, and the Emerald during May 1992.
The last company linked to the Tiger fleet is Vikram Shipping - last given address Lot 5 92, 5th Floor, Wisma Central, Jalan Ampang, PO Box 469, Kuala Lumpur - and also believed now to be inactive. Records indicate that Vikram may have owned Point Pedro while the latter company was the registered owner to the Venus and the Emerald.
It also owned Miramar Shipping before that company was controlled by Sea Freighters. Who controls the vessels now? How many others do the Tigers control? What missions have they undertaken? Do other insurgent movements also own fleets? Many questions remain to be answered. — (Courtesy: Lloyds List Monday March 20 2000 No. 57,529 Page 7)
Sinhala Buddhist politics and Mahinda Rajapaksa
by Kusal Perera
Someone told me, the Most Ven. Madihe Pannaseeha Thero called on Minister Mahinda Rajapakse despite medical advice against leaving his sick bed in hospital. The high point in the visit is the quote from Ven. Pannaseeha Thero. The Most Venerable Thero it is said, has told the doctors that he would be a traitor to the Sinhala Buddhists of this country if he fails to present himself at the felicitation ceremony in honour of Minister Mahinda Rajapakse after his receiving the role of honour Sri Rohana Janaranjana from the Malwathu Maha Viharaya. So, it is said, the Sinhala Buddhists have once again found a charismatic leader in Mahinda Rajapakse. Or, is it so?
There is quite a political misunderstanding of the Sinhala Buddhist polity. The Sinhala Buddhist polity is not an ideologically homogeneous polity, as some would want others to accept. But, among the majority of the Buddhist monks, it is so. And, they often take unto themselves the right to represent the whole of the Sinhala Buddhists polity in this country. And it is they who provide a political impetus to the Sinhala Buddhist political thinking which is not the only ideology of the broad masses. Yet the majority being Sinhala Buddhists in this country with a network of YMBAs in the towns and Buddhist high monks at different periods of time enjoying royal patronage in ancient Lanka, present day society accepts the Buddhist monks should have a privileged status within society. It is this "social acceptance" and not a strong ideology that provides the Buddhist monks with an elevated platform to intervene politically.
This elevated acceptance, they did use in the early fifties. They were able to win over S. W. R. D. Bandaranaike who was at that time flirting with the strong "left" presence in our politics. In fact SWRD went into a no-contest pact with the "left" even after forming an alliance with the Sinhala Buddhist monopolists. But his campaigning platform was almost dominated by Sinhala Buddhist sentiments where he compromised with the Buddhist monks in bringing the Sinhala Only Act within 24 hours. This nevertheless was a platform that could not be politically sustained. Within an year, SWRD was forced to politically rectify his stand on the language issue, thereby distancing himself from the Sinhala Buddhist "pressure" he submerged himself in for short term political advantage. And his election alliance was wobbling with political divergences which could not be compromised within a Sinhala Buddhist political ideology. He was so helpless towards the second year in office having first created this Sinhala Buddhist political cult, he was very popularly nick named "Sevala Banda", meaning he was totally a political vacillator. And today whatever strength the Bandaranaike name has, is not due to his political platform but due to his "assassinator". In fact Mrs. Bandaranaike added more life to it, that too, in coalition with the "left".
Responsibility
Ever since then, the Sinhala Buddhist thinking could never produce a leader of their own. For some time Cyril Mathew took upon himself the responsibility of providing the leadership for this Sinhala Buddhist thinking led by the monks. But he was also a restricted leader with a caste - bias. With caste divisions having the most dominant and decisive decision making effect among the Buddhist monks and in their hallowed institutions, despite their claim for unity among the Sinhala people, Cyril Mathew could never make himself "The Accepted Leader". Not only because the Malwathu Asgiriya chapters had very marked reservations on Mathew Snr., as "Uda-rata Shyamopali Maha Nikaya", but also because the "Kotte Siyam Nikaya" felt uncomfortable without a Goigama leadership. This misfortune Mathew tried to offset by using terror politics, using his cabinet portfolio to advantage. His alleged intervention in the July 83 Tamil massacre would no doubt speak volumes about the man’s racist behaviour. Yet the political agenda of the JR regime outplayed the need for such a Sinhala Buddhist leader with the escalation of the war in the North and the East. The gradual brutalisation of the war put pressure on the JR regime to close the issue through negotiations for peace, a political stand the Indian government was never shy to uphold in public. And within that Mathew was a liability. He was therefore reduced to naught even before the July 1987 Indo-Lanka Accord.
The political elimination of Mathew left some space for the JVP, outside mainstream politics. Their underground networks also suited this type of "Maw bima Neththam Maranaya" brutalised patriotism. But the moderates and the Buddhist monks preferred to hoist Gamani Jayasuriya as their Sinhala leader. And he survived the holocaust of the JVP to become the choice of the official Buddhist institutes. But the fact remains the Sinhala Buddhist thinking being no decisive factor in our politics that demands plurality. Whatever choice the Buddhist monks pick on, the lay leadership of the Sinhala Buddhist politics cannot sustain itself. For this reason, with the war having come to stay at least with no mainstream political leadership showing any sincere and determined interest in negotiating for peace, there is always a space for brutality to catch up with this Sinhala Buddhist thinking. And it is the continuation of this savage politics from Mathew, through the JVP since 88-90, that we now see in the NMAT and Veera Vidhana. Of course with changing facades, but always with the same old rafters.
The Buddhist hierarchy has always wanted to keep their distance from this brutal Sinhala politics. But for want of a democratic Sinhala Buddhist leadership had often succumbed to its pressure. Meanwhile the rootless new rich Sinhala money-makers always preferred to back this brutalised version of Sinhala politics taking for granted it could be a political challenge to their business competitors. But they all do realise, there is a serious lack of a charismatic and democratic leadership, with the MEP failing to project Dinesh Gunawardane to fill that slot. The MEP was once considered the potential alternative of the Sinhala Buddhists with many articulate figures like S. L. Gunasekera and Nalin de Silva flocking with them. Yet this Sinhala Buddhist thinking has not been a viable platform to project a strong Sinhala leadership and the MEP has by now reduced themselves to the Kelani Valley. They have been so marginalised that within the present peace initiative the MEP would sit anywhere the PA wants it to sit.
This space, the lack of a truly democratic Sinhala Buddhist leadership, is once again utilised by the JVP. They would and could comfortably marry their political position on the present peace initiative with that of the converging forces around the NMAT and Veera Vidana. On the other side, the official institutes of the Sinhala Buddhist monopolists including the hierarchy of the Buddhist monks had been always looking for another mainstream political leader to project their thinking. So was the mediocre figures within the PA, who by themselves would never cross roads with the President.
It is in this context that the honour of Sri Rohana Janaranjana conferred on Mahinda Rajapakse by the Malwathu Maha Viharaya, gains significance in our politics. Mahinda’s political career is founded on the campaigns he led against human rights violations. And especially on his tireless democratic efforts in challenging the UNP regime of late President Premadasa. It was these efforts that in a way made him look very much broader than petty communal politics and catapulted Mahinda to national leadership from provincial politics. His stand on human rights and his close rapport with the Tamil political leaderships, would have made him an ideal negotiator from the PA in the present peace initiative. The acceptance by and the right to speak on behalf of the Sinhala polity in bordering a negotiated peace, is something the PA and the UNP leaderships lack today. And it could be Mahinda Rajapakse’s day if he works on a seriously designed political agenda as he holds this honour conferred on him by the Malwathu Maha Viharaya, symbol of Sinhala Buddhist culture.
But, those who engineered the process of honouring Mahinda and also in organising his felicitation programmes, wants to see Mahinda as their Sinhala Buddhist leader in mainstream politics. He could fit that position too and quite well at that coming from a well accepted Goigama Sinhala Buddhist traditional family from the Giruwa Paththuwa, in the Ruhuna. His keenness to attire himself with the "Kurakkan colour shaw!" symbolising the ancient Ruhuna and his picturing of his South as "Giruwa Paththuwa" all show an inner consciousness in Mahinda, which could accommodate the likeness of the Sinhala Buddhist feelings though not to an extent of chauvinism. And also with his claim for the SLFP leadership, his father being the one person who crossed over to the opposition from the UNP government ranks in 1951, the origin of Bandaranaike politics, Mahinda could cut a sweet Sinhala figure. His radical popularity would also add spice to that role, to clinch the leadership from those who are now getting set to take to the streets, against the present PA initiative in negotiating a peace package. Mahinda has also qualified himself recently, by keeping himself totally mum and shying away from the media on the proposed peace package put up by Professor G. L Peiris in 1997.
Mainstream politics
It is therefore interesting to watch the dichotomy in Mahinda taking shape within the peace initiative of the PA. The hierarchical Buddhist institutes including the monks, is now gearing wholeheartedly to project Mahinda Rajapakse as their Sinhala Buddhist leader within mainstream politics. And those who rally round him also feel comfortable when Mahinda Rajapakse is occupied with something they think would not directly contradict the President. Visiting temples for them is therefore a better option. On the other hand being a cabinet minister he would have to follow the President under this executive presidency. How far this peace initiative would go is yet another question. And it could be that those around Mahinda are counting on a quick freeze on negotiations to have his Sinhala Buddhist leadership intact without any serious challenge on an open wicket. If the initiative concludes without a decent set of proposals, then the Sinhala Buddhist leadership could continue without serious damage.
But if the peace initiatives with the coming home of the UNP gathers momentum, if then the robust politics of the JVP qualifies in getting the NMAT and Veera Vidhana to play with them, then the Buddhist monks at least the lower ranks would also get radicalised. A situation that would demand a more vociferous and louder intervention from the Sinhala Buddhist leadership than that taken by Gamani Jayasuriya in 1987. For Jayasuriya it was the spotlights, but for a short time and then the end. And this time, all preparations are for Mahinda Rajapakse to play that role. Quite illuminating for a short time though a suicidal role.
Thus it is a Herculean challenge for Mahinda to enjoy the luxury of the position created for him by the Malwathu Maha Viharaya and also carry his hard earned worthy reputation of a human rights campaigner, both locally and internationally. Mahinda indeed has reached a situation that demands from him a very articulate position on the peace initiative whether this effort by the PA leadership works out in the immediate future or not.
Liberal Party proposals for a new Constitution - 6
At the commencement of this series of proposals, the Liberal Party suggested that a Constitution should commence with a chapter on Norms, i.e. the principles that the State should pursue, and in terms of which it exercises its authority. We postponed going into this however, until particular ideas had been advanced with regard to various issues.
Having looked at several areas where reform is urgently needed, we return now in this final article to the Norms that we believe should be enshrined at the beginning of the Constitution. For this purpose we have drawn heavily on the new South African constitution, which is a document that was designed to promote principles that would bring people together after years of bitter hostility. We make no apology therefore for including several aspects from that Constitution that we feel would be especially useful here in the current context.
With regard to the second chapter, we include only extracts from what must inevitably be a much fuller document. While we note all areas that the South African constitution deals with, which we feel must be replicated in ours, we have gone into detail in areas where at present our own practice, as well as the current Sri Lankan constitution, seem woefully inadequate.
Chapter 1 - Founding Provisions Republic of Sri Lanka
1. The Republic of Sri Lanka is a sovereign democratic state based on the following values -
a) Human dignity on the basis of the equality of all citizens regardless of sex or race or religion
b) Supremacy of the constitution and the rule of law
c) Universal adult suffrage with regular elections and a multi-party system of government to ensure accountability, responsiveness and openness
d) The advancement of human rights and freedoms and the development of the potentiality of all citizens through equality of opportunity
Supremacy of the Constitution
2. This Constitution is the supreme law of the Republic. Law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.
Citizenship
3. a) There is a common Sri Lankan citizenship.
b) All citizens are -
i) equally entitled to the rights, privileges and benefits of citizenship
ii) equally subject to the duties and responsibilities of citizenship
Languages
4. The official languages of the Republic are Sinhala and English and Tamil.
5. The national government and provincial governments may use any particular official languages for the purposes of government, taking into account usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population as whole or in the province concerned, provided that these governments must ensure provision for the use of at least two of the official languages, so as to allow citizens a choice of these two
6. Zonal authorities must take into account the language usage and preferences of their residents
7. The national government and provincial governments, by legislative and other measures, must regulate and monitor their use of official languages. All official languages must enjoy parity of esteem and must be treated equitably.
8. A Pan Sri Lankan Languages Board established by national legislation must
a) promote and create conditions for the development and use of all official languages
b) encourage the teaching of all languages in schools and through adult education
c) encourage the publication and distribution of books and other reading material in all official languages
Chapter 2- Bill of Rights
Rights9. a) The Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
b) The state must respect and promote and fulfil the rights in the Bill of Rights
Limitation of rights
10. The rights in the Bill of Rights may be limited only in terms of law and general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality before the law and freedom, taking into account all relevant factors including
a) the nature of the right
b) the importance of the purpose of the limitation
c) the nature and extent of the limitation
d) the relation between the limitation and its purpose
e) less restrictive means to achieve the purpose.11. Except as provided in section (10) and (13), no law may limit any right entrenched in the Bill of Rights.
12. All limitations on the rights laid down in the Bill shall be justifiable.
States of emergency
13. a) A state of emergency may be declared only in terms of an Act of Parliament and only when
i) the life of the nation is threatened by war, disorder, natural disaster or other public emergency
ii) the declaration is necessary to restore peace and order
b) A declaration of a state of emergency and any legislation enacted or action taken in consequence may be effective only
i) prospectively
ii) for no more than 21 days from the date of the declaration unless the National Parliament resolves to extend the declaration. Such extension shall be for no more than a month at a time. The first three such extensions shall require a resolution supported by a majority of members of both houses of Parliament. Subsequent extensions shall require the support of at least 60% of the members of both houses of Parliament.
c) Any competent court may decide on the validity of
i) a declaration of a state of emergency
ii) any extension of such
iii) any legislation enacted or other action taken in consequence of suchd) Any legislation enacted in consequence of a declaration of a state of emergency may derogate from the Bill of Rights only to the extent that
i) the derogation is strictly required by the Emergency
ii) the legislation is consistent with the Republic’s obligations international law
iii) the legislation conforms to sub-section e)
iv) the legislation is published in the national Government Gazette as soon as reasonably possible after enactmente) No Act of Parliament authorizing a declaration of a state of emergency and no legislation enacted or other action taken in consequence of such may permit or authorise
i) indemnifying the state or any person in respect of any unlawful act
ii) any derogation from this section
iii) any derogation from any entrenched rights as laid down in a schedule
Equality
14. a) Everyone is equal before the law and has the right to equal protection and benefit of the law
f) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons disadvantaged by unfair discrimination may be taken.
g) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
h) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of sub-section c).
i) Discrimination on one or more grounds listed in sub-section c) is unfair unless it is established that the discrimination is fair.
Life
15. Everyone has the right to life.
Freedom and Security of the person
16. Everyone has the right
a) not to be deprived of freedom arbitrarily or without just cause
b) not to be detained without trial
c) to be free of all forms of violence from public or private sources
d) not to be torturedPrivacy
17. Everyone has the right to privacy including the right not to have, subject to due process of law, their person or home or property searched, their possessions seized or the privacy of their communications infringed.
Freedom of religion, belief and opinion
18. Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
19. Religion observances may be conducted at state or state-aided institutions provided that
a) those observances follow rules made by appropriate public authorities
b) they are conducted on an equitable basis
c) attendance at them is voluntaryFreedom of expression
20. Everyone has the right to freedom of expression which includes
a) freedom of the press and other media
b) freedom to receive or impart information or ideas save that these rights do not extend to
i) propaganda for war
ii) incitement to imminent violenceiii) advocacy of hatred based on race, ethnicity, gender, religion or any other ground noted in Section 14 sub-section c).
Freedom of association
21. Everyone has the right to freedom of association
Labour relations
22. Everyone has the right to fair labour practices.
23. Every worker has the right to form and join a trade union, to participate in the activities of a trade union, and to strike.
24. Every employer has the right to form and join an employers’ organisation and to participate in its activities
25. Every trade union, employer and employers’ organisation has the right to engage in collective bargaining.
Environment
26. Everyone has the right
a) to an environment that is not harmful to their health and well-being
b) to have the environment protected for the benefit of present and future generations through reasonable legislative and other measures that
i) prevent pollution and ecological degradation
ii) promote conservation
iii) secure ecologically sustainable development and use of natural resourcesProperty
27. Everyone has the right to private property.
28. No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property
29. Property may be expropriated only in terms of law of general application for a public purpose and public interest and subject to compensation, the amount and time and manner of payment of which have either been agreed by those affected or decided and approved by a court
Housing
30. Everyone has the right to have access to adequate housing.
31. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
32. No one may be evicted from their home, or have their home demolished, without an order of court made after consideration of all relevant circumstances.
Health care, food, water and social security
33. Everyone has the right to have access to health care services including reproductive health care, sufficient food and water and social security including appropriate social assistance in the event of inability to support themselves and their dependents
34. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
35. No one may be refused emergency medical treatment.
Children
36. Every child has the right to
a) a name and nationality from birth
b) family or parental care, or appropriate alternative care when removed from the family environment
c) basic nutrition, shelter, health care, education and social services
d) be protected from maltreatment or neglect and from exploitative labour practices
e) not be required or permitted to perform work or provide services that are inappropriate for the child’s age or place at risk well-being, education, physical or mental health, and social development
f) not be required or permitted to marry
g) not be used in armed conflict and be protected in times of armed conflict
37. A child’s best interests are of paramount importance in every matter concerning the child
38. In this section ‘child’ means person under the age of 16.
Education
39. Everyone has the right, which must be fulfilled by the state if necessary, to a basic education, including adult basic education
40. Everyone has the right to further education which the state, insofar as its available resources permit, shall make progressively available and accessible
41. Everyone has the right to receive education in the official language or languages or their choice in public educational institutions where such education is reasonably practical. In order to ensure effective access to this right, the state must consider all reasonable educational alternatives.
42. Everyone has the right to establish and maintain at their own expense independent educational institutions that do not discriminate on the basis of race or religion and maintain standards that are not inferior to standards at comparable public institutions. State subsidies to such institutions are not precluded provided they are conducive to the fulfilment of other rights under this heading.
Language and Culture
43. Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights
Access to information
44. Everyone has the right of access to information held by the state
Just administrative action
45. Everyone has the right to administrative action that is lawful, reasonable and procedurally fair, and to be given written reasons regarding administrative actions affecting him or her
46. Legislation must be enacted to promote an efficient administration, and to give effect to the rights in this section and to provide for review of administrative action by a court or an independent and impartial tribunal
Access to courts and due process of law
47. Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or where appropriate another independent and impartial tribunal or forum
48. The state shall enact legislation to establish public bodies to assist citizens to settle disputes through arbitration and negotiation where this is practicable and acceptable.
Arrested, detained and accused persons
49. Everyone who is arrested for allegedly committing an offence has the right
a) to remain silent and to be informed of this right
b) not to be compelled to make any confession or admission that could be used in evidence against him/her
c) to be brought before a court as soon as possible and in any case no later than 48 hours after the arrest
d) to be charged on first appearance before a court, or to be informed of the reason for the detention to continue, or to be released
e) to be released from detention if the interests of justice permit this subject to reasonable conditions
49. Everyone who is detained, including every sentenced prisoner, has the right
a) to be informed promptly, and in writing, of the reason for detention
b) to choose and to consult with a legal practitioner, and to be informed of this right
c) to have a legal practitioner assigned by the state and at state expense if substantial injustice would otherwise result
d) to challenge the lawfulness of the detention before a court
e) to conditions of detention that are consistent with human dignity
f) to communicate and be visited by spouse or partner, next of kin, chosen religious counsellor and chosen medical practitioner
50. Every accused person has a right to a fair trial which includes the right
a) to be informed of the charge in sufficient detail to respond
b) to adequate time and facilities to prepare a defence
c) to public trial before an ordinary court
d) to be present during the trial
e) to choose and be represented by a legal practitioner
f) to have a legal practitioner assigned by the state at state expense if substantial injustice would otherwise result
g) to be presumed innocent, to remain silent, and not to testify during proceeding
h) to adduce and challenge evidence
i) to be tried in a language he/she understands, or if that is not practicable, to have the proceedings interpreted
j) not to be convicted for an act or omission that was not an offence either national or international law at the time of action or omission
k) not to be tried again in the event of a previous acquittal or conviction for the same alleged action or omission
l) of appeal to, or review by, a higher court
Eppawala - the sum of it all
by Gamini Seneviratne
Let us begin at the beginning. IMC-Agrico’s web page confirms what has long been known to scientists all over the world, - that Phosphate Rock is:
"A mineral containing the element phosphorus, a basic plant nutrient, which is essential to all forms of life".
In 1992, the US Geological Survey and US Bureau of Mines assessed that the world’s known reserves will be depleted in 50 years, and that the known reserves plus the base reserves will be exhausted in 150 years.
Mr. Garry. L. Pigg, Director- Business Development, IMC Global Inc., however makes the bland, unsupported assertion that "the known phosphate reserves in the world today are limited; latest projections indicate that the known recoverable reserves will be depleted in as little as 650 years".
In its assumptions regarding the native intelligence of the people they seek to despoil, Pigg’s assertion is close enough to the statement made by his mentor, Jimbob Moffet, boss of the infamous Freeport-McMoran, that the devastation that’s already been caused by the Grasberg copper & gold mine in Indonesia is equivalent to Moffet Pissing into the Arafura Sea. Moffet’s load of piss is ‘as little as’ 70 million tons of tailings a year.
Pigg has tried, unavailingly, to distance IMC-Agrico from the bad odours of Freeport, [they are locked in a close embrace as Pigg’s own account of corporate wheeler-dealing shows), but what is more relevant here is that the IMC-Agrico Fertilizer plant in Louisiana has the distinction of being the most toxic plant in America, discharging 174 million pounds of poisons into the Mississippi every year.
‘Friends in high places’
If, as the Asian Wall Street Journal put it, Freeport has ripped off the Commons in Indonesia with the aid of "friends in high places,’, so has it and so has IMC-Agrico, done in the USA. In Indonesia, these ‘friends’ included President Suharto and a couple of Cabinet cronies: Ginandjar Kartasasmita [Finance], and Kuntoro Mangkasubroto [Mines & Energy). The latter has declared that the company has a "legal and legitimate" mining contract which the government is "not in a position to review". When the company wanted more than double its output it simply went to the President, who had scrawled his approval in the margins of Moffet’s personal letter to him-long before the required environmental review had even begun.
The agenda of these criminal companies cannot be executed without the active support of those who wield State power, and this ‘collaboration’ is the factor that most threatens the vast majority of people, and why it needs to be brought into public focus. In his recent path- breaking analysis of "Globalisation as Political Market Rule’, Prof. Philip McMichael observes that "The collaboration of multilateral power groups and domestic political and economic power- wielders who profit from privatisation deals, is now the procedure through which a particular kind of ‘market rule’ is enforced". The USA itself has perhaps the longest record of such "deals"? While European nations such as Germany and France would seem to have come belatedly into this particular "market", following Italy and Britain of the Thatcher years.
Eppawala Phosphate Rock
In Sri Lanka, ‘informal’ negotiations with Freeport began in the early eighties and the formal invitation for international tenders was made in 1992. Although some experiments had been conducted in Arizona by soil scientists of our Department of Agriculture on "upgrading" our phosphate, the orientation of those studies had been based on the premise that Eppawala was ‘for sale’.
Even when President Kumaratunga, Prime Minister at the time, promised the people of Eppawala in 1994 that she would never permit the sale of such an invaluable national asset, no comprehensive studies of the deposit and its uses had been made. Even at this point in time, our scientists and mining engineers have been debarred from making the necessary investigations to determine morefully both the quantum and the quality of the deposit. Nevertheless, the Executive Committee of the People’s Alliance, chaired by President Kumaratunga, reiterated her stand of 1994 in October 1999.
The reasons for the government’s decision are clear. It had before it the report of a Committee of the National Academy of Sciences, appointed by the President in 1995; the observations of the Attorney General on the Draft Mineral Investment Agreement (MIA) in 1997; the reports presented in 1999 by a multi-disciplinary group of specialists convened by the National Science Foundation, and by the National Science & Technology Council, constituted of scientists appointed by the President, which has overall responsibility for advising the government on the development and protection of our natural resources.
It was also undoubtedly conscious that, particularly in the face of the protests of the inhabitants of the purana villages, not only in and around Eppawala, but in an area of 800 sq. km. in which, under the proposed project, IMC-Agrico would have free rein to do whatever it pleased. What they would do, given the chance, is to uproot the people, have their lands compulsorily acquired by the government which will be obliged to use all the coercive powers at its disposal, including ‘informal’ ones, for that purpose; obliterate the archaeological remains and the living temples that encapsulate a culture which is part of the heritage of mankind) and destroy one of the most ancient systems of irrigated agriculture in the world - a system that ‘modern technology’ is yet to master.
‘Legislative enactment’
It was also conscious perhaps that it has to uphold the principle, not merely of ‘accountability’ for whatever it seeks to do in a budgetary sense, but of the constrictions on an administration that has been elected to hold office for a limited span of time in entering into agreements that extend beyond that period. And especially so in a matter that would violate its primary duty by the people - the protection of non-renewable resources for the use of future generations. This is a matter in which a variety of "legislative enactment" imposed on us by the colonial administration, that, to the shame of our Republican Constitution, have yet to be abrogated. That omission on the part of our legislators, who have recently been rewarded for their concern in such matters, God bless ‘em all, is one of such fundamental importance to the "life-chances" of the people, that the principle that any administration, in all its acts, be they legislative or executive, has as its primary responsibility, the protection of the common weal, has underscored the role of the judiciary as the final arbiter of the fate of the people.
Here we have a proposal that would ensure that a foreign company, whatever its criminal record might be, be permitted to appropriate the major life-supporting assets we possess, - not only the phosphate rock but including those most strategic of resources as Prof. Randolph Barker of IIMI put it some years ago, - our land and water; despoil a major site of the totality of the human cultural heritage; - and be "offered" terms that exempt it from all our national laws, including those relating to Income Tax, Exchange Control, Import & Export Control, Antiquities, Irrigation, Environment and Human Rights, - and to leave behind devastation on a scale that neither Magha of Kalinga nor the Portuguese nor any other invader managed to achieve.
In his comments on the draft MIA, the Attorney General had spelt these matters out and advised the Ministry of Industrial Development that, if the MIA was "gone ahead with",
" The Government’s expectations of increased foreign exchange earnings having a favourable impact on the balance of payments would not be realised." "
On the contrary, quite apart from the fact that the damage it would cause would far exceed even the huge profits that the sacred cow, the ‘Foreign Investor", would gain - the proposed ‘agreement’ would be tantamount to "selling" an asset that belongs to the people of this country for much less than the cost of building a single cadjan-topped school-room. The Foreign Investor’s entire operation is to be financed by selling raw rock phosphate which belongs to our people, and by ‘borrowing’ from our Banks! The license for mining this area belongs to Lanka Phosphates Ltd., a wholly owned enterprise of the government. In other words, Lanka Phosphates Ltd. OWNS the right to mine - and is to be required, under the draft MIA, to hand it over to the Investor for a 10% share in the proposed new Joint Venture Company, although the assets that Lanka Phosphates would bring to such a ‘joint-venture’ amount to over 80% of the total ‘investment’’
Negotiating committee
It should also be noted that the Negotiating Committee [which included a Secretary who had long been distinguished for his willingness to "take notes"’ - whether he is skilled in stenography is not known], did NOT include the Commissioner-General of Inland Revenue, or the Controller of Exchange or the Controller of Imports & Exports or the Director-General of Customs.
In terms of the draft MIA, IMC-Agrico has demanded and been offered a 5% rate of tax (though the Inland Revenue Law prescribes a minimum of 35% even for the smallest companies!; exemption from the withholding tax on Dividends; exemption from the Advanced Company Tax; exemption from Sri Lanka Income tax for all IMC-Agrico employees, including "Management Consultants, Architects, Engineers, Quantity Surveyors, Construction Managers or in any ancillary field" [that’s where the big jobs will be generated for Sri Lanka].
The MIA is "supported" by other agreements which are yet to be made public. They include a Technical Advisory Services Agreement, an Export Distributorship Agreement, and a Shareholders’ Agreement.
Mr. Pigg brags that the project would bring in such and such in revenues to Sri Lanka - in the form of taxation [!], port-charges, and royalties.
The royalty payable for OUR rock phosphate is 5.5% of the "published Morocco price", which IMC Global controls and could mix-report with a little help from "friends" in Sri Lanka. Income to Sri Lanka from the company’s road and rail transport development, for which our government will have to evict more people and misuse existing laws, enact new ones and so on, would be negative in relation to the costs to be incurred by the government and more directly by the people.
And what of poor risk-taking IMC-Agrico? What would be the extent of their losses in trying to bring us into the 21st century of High Technology and ‘globalised’ Bank accounts?
Well, besides the profits they’d make from the phosphate itself, and from other rare earths and minerals this deposit may contain [including gold, uranium and thorium), they’d get 4% of the construction fee plus 2% of net revenue from the sale of products. They’d get 4.5% of gross selling price "in respect of distributorship" for the processed product and 2% for the export of raw rock phosphate.
They are protected "against minority share-holder interests" - that means the government of Sri Lanka acting through Lanka Phosphates Ltd.
Unlawful concessions
Despite all the unlawful concessions on income tax, tariff and exemption from the application of other laws, the Joint Venture Company will be registered in Sri Lanka; the Memorandum and Articles of Association can be changed at will by a majority of 80% of the shareholders - the foreign shareholders’ share proposed is 90%; the foreign shareholders have refused to sign the MIA even in its present form though, says the Negotiating Committee in its Report, "A serious attempt was made to get the two foreign investors also to sign the MIA. However, they did not agree and stated that they have followed the present pattern everywhere". Maybe they were thinking of Indonesia and the USA - they’d have been hoofed out of any other SAARC country - this draft MIA has regional implications as well.
The Joint Venture Company can, however, take any "disagreement" with the Government or any resistance from the people, - either of the North central Province, or from Trincomalee, where a minimum of 750 acres of prime land by the harbour are to be reserved for IMC- Agrico, or the rest of this country, before an international tribunal for "arbitration", by passing our Courts.
It can leave Lanka Phosphates Ltd., which, it has insisted, should remain a wholly government-owned concern, holding the can - after executing $1 trillion of damage to the people of this country and infinite destruction to what we were told in school is the human heritage. The MIA provides for the company depositing $ 0.5 million in an Escrow account to provide for ‘rehabilitation’ at ‘the end of the life of each mine’ - even the interest on this pittance is to be ‘tax-deductible’!
Rumours have been set afloat that the World Bank is pressurising the government to ‘go ahead’ with this draft - no, that’s not a typo - MIA. But it’s no secret that the World Bank refuses to fund any project that does not meet the necessarily stringent parameters on adverse environmental impacts. It is simply inconceivable that even such Janus-faced outfits as the World Bank would even search for a vocabulary that would serve the likes of IMC-Agrico and the equally, if not more, notorious Tomen Corporation.
Rock Phosphate
The deposits of Rock Phosphate in and around Eppawala should be assessed as to quantity and quality by our scientists who could do so easily enough using satellite data and further exploratory drilling that would cost about $250,000. The present estimate of 25 million tons of proven reserves and another 35 million tons of inferred reserves is based on the exploratory drilling that was done more than twenty-five years ago. It is probable that the deposit is very much larger than that - why, otherwise, would IMC-Agrico demand the right to mine the so-called ‘buffer zone’?
Accurate picture
Obviously, IMC already has an accurate picture of what is there.. What the draft MIA provides for is that immediately upon the commencement of ‘exploration’ by the company, the people in the entire area, - the ‘project area’ of 56 sq. km., AND a 10 km buffer zone surrounding the project area would be evicted. As Arundathie Roy has put it in relation to the Narmada project, the proposed "relocation" of people is not social engineering. It is garbage disposal." - And the company would have EXCLUSIVE rights to whatever operations it seeks to carry out - even the employees of Lanka Phosphates Ltd. would be able to enter that area "at their own risk". Are the ‘project area’ and the ‘buffer zone’ to be tured into a military encampment - as in Indonesia?
The Ruvanweliseya, the Jetavana and the Mirisavetiya are clearly visible and have been photographed, even from the ‘pospate kanda’ which is now being quarried by Lanka Phosphates; the northern periphery of the ‘project area’ would be much closer to them.
Eppawala rock phosphate is of a very high grade, with a phosphorous content of 35% +, compared to, Florida (21.5%), Morocco [21.4%], and Ocean Islands [22.8%], - and of a formation that lends itself to an easy form of mining. As Mr. Pigg has acknowledged, "the Eppawala deposit is an igneous deposit as opposed to the sedimentary deposits in the US, Morocco, Jordan, China, Peru, Saudi Arabia, Togo, Senegal, Guinea Bissau, Nauru, Christmas Island, Kazakhastan and Queensland. Sedimentary deposits tend to be one or more thin layers spread out over large land areas .. while igneous deposits tend to be in the shape of vertical pipes or plugs on the earth’s surface." But IMC-Agrico’s proposal is to dig as deep as possible: "the size and depth of the pit", says Pigg, "will only be known after the completion of Phases one and two of the project" - the period during which the people would have been evicted and the export of raw rock phosphate to ensure a favourable ‘cash-flow’ for this Big but Poor Foreign Investor.
While Lanka Phosphates itself could produce our total national requirements of Single Super Phosphate (SSP) through a low-cost beneficiation process, what IMC-Agrico proposes is the production of Di-Ammonium Phosphate (DAP), - of which our annual requirement has ranged from as little as 17 to 160 tons. It is also now recognized that DAP is a hazardous material with toxic properties that contaminate ground water when used in agriculture.
Under the draft MIA, there is no guarantee that the company would supply even the quantity of rock phosphate we now mine to Sri Lanka; indeed whether and when to provide supplies is left entirely to the discretion of the company!
The certainty of spoliation of this most valuable natural resource under the draft MIA, with adverse impacts on the people and their land from Kalaweva to Mannar in the west and Trincomalee in the east, with the ancient city of Anuradhapura at the epicenter of the cataclysm, has not been lost on the people of this country and of concerned scientists in the USA and Japan. Hence, perhaps, the decision of the Executive Committee of the People’s Alliance to entrust the prudent development of Eppawala to our engineers and scientists.
Violence as a method of first resortby Nayana
Today violence is as Sri Lankan as pol sambol and none of the pious national back-patting that will inevitably take place during the coming months of Avurudu, Wesak and Poson is likely to alter that fact.
Violence, the threat of violence and retaliation to the violence by those groups sufficiently organized to retaliate, have made life a game of dice for the ordinary citizens - and we are not talking about terrorist attacks (which we have already dwelt on last week).
Public transport, the health service, the food trade, the affairs of sporting associations and the auditing of public accounts are just some of the areas outside the zone of armed conflict where violence or the threat of violence has become a fact of life.
Commuters are all too familiar with the periodic wildcat strikes by bus drivers and conductors over alleged incidents of violence against them, just as hospital patients and their kin are accustomed to the sudden withdrawal of services by medical personnel alleging assault by the thuggish elements who accompany certain patients.
Outside these two fields, one can detail at least four major cases in other areas of national life where violence or threats of violence have been reported during the last four weeks alone. Three of these incidents were directed at public officials or professionals seeking to perform their duties; the other appeared to spring from commercial rivalry.
The earliest of these four incidents concerned the threats reportedly issued by underworld gangs to certain wholesale traders in the Pettah towards the end of last month.
Threat of violence
The next was a threat of violence allegedly issued in the first week of this month by the former President of the Board of Control for Cricket against the Treasurer of the present Interim Committee over some audit queries arising from the period when the former President headed the Board. The Treasurer is said to have made a Police complaint naming the former Board President as having threatened him over the telephone.
Just a few days later it was reported that Dr. B. G. D. Budjawansa, a member of the Sri Lanka Medical Association, had received death threats to himself and his family after he exposed a racket involving the illegal importation of a particular brand of cough syrup.
Finally, just over a week ago, an Audit Superintendent and five Audit Inspectors from the Auditor-General’s Department were assaulted when they went to investigate alleged irregularities in the accounts of the Puttalam Urban Council. Three of the officers were women, one of them pregnant. All the officers required hospital treatment and the condition of the Superintendent, another male officer and the pregnant woman were said to be serious. The employees’ union of the Auditor General’s Department claims that this is not the first time their officers have been subjected to violence in the course of their duties.
On the face of it, there is no connection between any of these separate incidents, but that is precisely what makes it disturbing. While every society has particular sectors which are known to be violence-prone, ours is a society where violence has become all-pervasive. Moreover, it is resorted to as a solution of first resort, the aggressors not even attempting to settle their grievances by avenues provided by the law.
High level Police investigations have reportedly been ordered in most of these cases but it remains to be seen whether such investigations fare any better than those launched in the recent past following attacks on journalists and film artistes. One does not hear of investigations even being ordered into the acts of violence against voters, polling agents and election monitors which were reported during last year’s Provincial Council and Presidential elections.
Significant feature
The other significant feature of the kind of attacks described above is that they are not perpetrated by what would normally be thought of as criminal elements. However, these incidents come on top of an already rising rate of serious crimes perpetrated by hardened, well-organized and often armed criminals. It makes one wonder which section of society is influencing whom. The adoption of criminal methods by the supposedly non-criminal sections of society is certainly one of the least edifying spectacles of our time.
Since we are not a society where law-abiding citizens are allowed to arm themselves, the people have to depend on the Police to protect them from the perpetrators of violence. Public confidence in the ability to the Police to do this is at an all time low, due to a number of factors all of which can be attributed to the way we are governed.
The Police service, since colonial times, has been viewed as an arm of the defence establishment, not as a community based force. The idea of accountability to civil authority is virtually non-existent. Furthermore, the escalation of the armed conflict in the North-East has led to the militarization of the police and an admitted shortage of manpower for the task of community policing.
Political interference
Added to this is flagrant political interference with matters of transfers and discipline under successive governments which are well documented in fundamental rights cases, most notably the several cases involving Inspector Ranga Bandara.
It could be argued that the perceived inability of the Police to prevent anything from serious crime to electoral malpractices (they could not even take down illegal posters) has emboldened the criminally inclined in every walk of life. On the other hand, when the Police set their mind to it, and are given a free hand from the top, they can act with speed, as shown in the Rita John murder case and the Wickremesinghe kidnapping case.
Reform of the way the Police service is run ought therefore to be a prime concern of civil society in general and taxpayers in particular. Unfortunately, as already pointed out in this column, "civil society" in Sri Lanka does not mean, as it does in other countries the general body of concerned men and women citizens, but an elite body of intellectually-oriented NGOs, each with their own agenda and list of priorities. Each organization may do some good work but - with perhaps the sole exception of election monitoring - they are seldom seen to unite in a broad front to secure people-oriented measures.
"We the people" is not a live concept in Sri Lanka, although it was the force that prevented the rigging of elections in the Philippines brought about the collapse of the Berlin Wall in Germany, and serves as the bulwark against separatist terrorism in Spain.
Last week we commented on the apparent inability of Sri Lankans to march unitedly against terrorism. This week we have to point out that they have also singularly failed to display a common front against the rising tide of criminality in our society which could sap the morale of the nation more insidiously than any terrorist attack.
Rebels rewarded, Cooray at Rukman’s danaby Deshavimala
Despite threats by the United National Party to the five rebels the two ministers who held special assignment portfolios for three months were finally rewarded last Tuesday by President Chandrika Kumaratunga. Several important subjects enjoyed by the President were given to Dr. Sarath Amunugama and Nanda Mathew. The subjects were the Office of the Commissioner General of Essential Services, Resettlement and Rehabilitation of the North Palmyrah Development Board and the National Film Corporation for Amunugama and the Ceylon Shipping Corporation, Director of Merchant Shipping and the Central Freight Bureau for Mathew. The two Ministers will be known as the Minister of Rehabilitation and Reconstruction and Development of the Northern Region (Amunugama) and the Minister of Shipping and Shipping Development (Mathew).
The five rebels seem to ignore all warnings issued by the UNP leader Ranil Wickremesinghe to give up their links with the government. They fearlessly go ahead supporting the Kumaratunga government. After their victory in the Supreme Court, where they challenged their expulsions the UNP hinted that the rebels would be tried again. The UNP Working Committee met almost a month ago and the party legal experts were entrusted the task of recommending ways and means to try the rebels again, by giving the rebels a hearing as provided under the party constitution. Following this move the rebels thought they would be tried again early and prepared themselves to counter the move. But the UNP appears to be dragging its feet to try the rebels again. Party sources said that the legal team was yet to make its recommendations, and the UNP General Secretary, Gamini Athukorale, was anxiously awaiting the legal team’s report. Athukorale went all out to fix the rebels earlier as he had had bitter relations with the rebels. Sources said that Athukorale too appears to have lost interest as the legal team has been dilly dallying over the matter in past three weeks.
Rebel leader Sarath Amunugama openly challenges the UNP leader to try them again. He says he will win a second time to induce Wickremesinghe to democratise the party as he claims that the party leader acts like a dictator. Though the UNP leadership has fallen out with the rebels a number of UNP seniors continue to have a healthy relations with the rebel group. This was obvious as was seen at the D. S. Senanayake commemoration celebrations this week. It was held on Wednesday and many UNP seniors who met Ministers Amunugama and Mathew congratulated them on their receiving new portfolios. Amunugama and the rest are prepared to take on the UNP if they are expelled again. They will fight the case under the guidance of the PA constitutional expert H. L. de Silva. If the UNP forges ahead with its plan to try the rebels the task of battling it legally has been entrusted to their constitutional expert K. N. Choksy. If both parties go to court a second time, it will be highly interesting as the two leading legal and constitutional experts battle it out in court.
While the UNP leadership is out for the blood of the rebels many others in the party are well disposed to the rebels. They now openly meet the rebels inside and outside parliament. The events on the D. S. Senanayake commemoration day was indicative of the friendly relations between rank and file UNPers and the rebels. The main ceremony was held at the Independence Square with Speaker K. B. Ratnayake as Chief Guest. On arrival of the Speaker the UNP leader Ranil Wickremesinghe greeted him and the senior most UNPer, Wijayapala Mendis, stood in the centre while Wickremesinghe shook hands with the Speaker. Mendis greeted the Speaker with a smile welcoming him but averted his gaze from the UNP leader. A number of UNPers, past and present, were invited for the alms giving held that afternoon at Woodlands by the grandson of D. S. Senanayake, Rukman Senanayake. Rukman sent out invitations to many irrespective of the problems that the party was experiencing with some at present. Among them were the rebel members and former UNP strongman Sirisena Cooray.
Cooray
Cooray suffered a setback in the evolution of his new political party almost a fortnight ago when his right hand man in the party organisation, in Hultsdorp G. Ariyapala, was killed by unkown gunmen. Ariyapala worked closely with Cooray from the Premadasa days and was known as a powerful underworld figure. He was accused of threatening Pettah businessmen and the police was looking out for him. When Cooray opened his party office in Aluthkade, Ariyapala was entrusted the task of handling the membership drive. Ariyapala, who was later apprehended by the police, was released on bail the day before he was gunned down. Cooray who has a good rapport with the rebel group introduced Ariyapala to Amunugama. Amunugama who did not know Ariyapala earlier, took a liking to the man because he fearlessly put up pandals and posters criticising the UNP leader. Amunugama knew him only as a staunch Cooray supporter. Cooray worked closely with the rebel group prior to the rebels meeting President Kumaratunga in November last. Ariyapala took the opportunity to move towards Amunugama as the latter became a critic of Wickremesinghe. When the rebels went to meet the President for the first time Ariyapala also joined the group of twenty six that went to Temple Trees. The rebel group introduced Ariyapala to the President saying he was a critic of Wickremesinghe. Later on that occasion Ariyapala posed for a photograph with the President and rebels Amunugama, Wijayapala Mendis, Stanley Kalpage, Nanda Mathew, Chula Bandara and Susil Moonesinghe.
Coming back to the alms giving at Woodlands Cooray was warmly welcomed by Rukman and several senior UNPers. Cooray arrived seconds after the UNP leader left the venue saying he had some important work in parliament. Parliamentarian Sarath Kongahage an ardent supporter of Cooray, who strove hard to bring back into the UNP was seen beside Cooray much of the time at Woodlands. Cooray on seeing Amunugama walked upto him to congratulate the minister on receiving new subjects. Senior UNPers P. Dayaratne, Tyronne Fernando and Rupa Karunatilleke also congratulated the new minister on the government side from the UNP. Wijayapala Mendis who was there for some time left before the alms giving saying he had to be in parliament for an urgent matter.
Amunugama got down to work at his new ministry on Thursday. The ministry is located at the former Board of Investment building in Fort. Earlier Amunugama occupied this building when he was Secretary to Anandatissa De Alwis, who was the Minister of State in the J. R. Jayewardene government. Amunugama who occupies the fourth floor of the building uses the former office of Upali Wijewardene, who was the first Director General of the Greater Colombo Economic Commission now known as the BOI. Amunugama told this columnist that it was a privilege and a honour to occupy the room of late Upali Wijewardene whom he had met on several occasions in that room for official business at that time.
The first official under his ministry to meet Amunugama was the Chairman of the Resettlement and Rehabilitation Authority of the North N. A. Obadage. They discussed plans to launch a six billion rupee rehabilitation programme for the five districts in the North with funds from the government and international donor agencies. President Kumaratunga has pledged to give two and a half billion rupees from the state coffers for this action plan of the minister.
PA-UNP talks
The UNP was busy on Monday preparing for the third round of talks with President Kumaratunga the following day at Temple Trees. UNP Chairman Karu Jayasuriya, Gamini Athukorale, Ronnie de Mel and K. N. Choksy met the UNP leader at his private residence on Monday night. They were joined by M. H. Mohamed and Mahinda Samarasinghe who were added to the UNP team, for talks with the PA the next morning. The UNP team inquired from Temple Trees about the delay in sending the report of the second round of talks. They were told that the report would be sent immediately but as it was delayed the UNP team discussed a paper prepared on the appointment of the governors by Choksy and dispersed. Minutes after they left the the report on the second round of talks were sent to Wickremesinghe’s residence by a messenger from Temple Trees. The following morning the UNP team scheduled for talks assembled at the UNP leader’s residence at 8. 45 am as the talks were to begin at 9.00 am. When the UNP delegation arrived there were ministers present from the PA team. PA Ministers G. L. Peiris, Dharmasiri Senanayake, Batty Weerakoon, M. H. M. Ashraff, D. M. Jayaratne and Ratnasiri Wickremenayake arrived by themselves before the scheduled time. President Kumaratunga arrived twenty minutes late and the first task for the two sides was to examine and approve the minutes of the previous meeting. It took a little time as the UNP did not receive a copy of it before the third round of talks.
After the minutes of the previous meeting were approved Gamini Athukorale once again drew attention to the President’s interview published in the ’Far Eastern Economic Review’. He then produced a newspaper to say that the government had not found the Jaela suicide bomber’s head from the scene of the explosion when the UNP held a press conference about that incident. The President shot back to say that without waiting for the details, the UNP rushed to a press conference to blame the government. This topic did not evoke much interest, and Karu Jayasuriya referred to a state sponsored newspaper called the ‘Sivudesa’ charging it was slinging mud on the UNP and pointed out that some ministers were behind that operation. ’Mud slinging is not a good move at a time we are having sincere talks with you’, Jayasuriya said. The President replied saying that criticism should be done in a fair manner and stated that Lasantha Wickremetunga and Victor Ivan were now trying to probe her educational qualifications and she knew who were behind that operation. ’The best person who knows of my qualifications is President D. B. Wijetunga as that subject came up when I was talking to him one day’ the President noted.
She said that President Wijetunga had told her that he had sent a team to Paris to investigate her educational qualifications and the team had reported back that she had successfully passed all exams she sat for there. Ranil Wickremesinghe then cracked that it was not only newspapers that queried abour her ability and qualifications, but also some ministers who queried her knowledge of sports. Athukorale chipped in to name S. B. Dissanayake as the person who had said that Chandrika knew nothing about cricket. ’I do not know whether S. B. had really made that statement’, the President laughed it away adding that she had read a statement quite contrary to that made by S. B.
‘Yes, I too, was that but there was an editor’s note which said that they had the tape of what S. B. said’ Wickremesinghe replied. A smiling President said that she would ask S. B. whether he really made that statement. Wickremesinghe then recalled the days he used to play cricket with Anura and how Chandrika joined them. ’Yes. . . I remember joining you both at cricket and also I have been a Royal supporter at Royal=Thomian matches’ the President said.
Athukorale was adamant to pin S. B. and reiterated that he read S. B.’s statement in the newspapers which were repeated. ’May be that S. B. has said it because he does not know about my childhood’ the President wisecracked to bring the topic to an end.
The President then said that it was time to discuss the agenda and the subject of the appointment of Governors was taken up. UNP’s K. N. Choksy recommended that the chief ministers should be consulted when governors were to be appointed. Prof. G. L. Peiris mooted the idea of getting a recommendation of the chief minister when such appointements were made. Both delegations agreed that the chief ministers should be consulted when governors were being appointed. Then the two sides discussed the issue of sorting out problems that may erupt when the President decides on persons for the governor’s posts. The UNP leader moved that when such appointments were made to the North-East, it was better to talk to the Tamil parties too. The President agreed with Wickremesinghe’s suggestion. Batty Weerakoon suggested that provincial governor’s should be made answerable to parliament while the President pointed out the need to appoint governors in accordance with the wish of the people of the respective province.
The next subject was the appointment of cabinet ministers. There was consensus on both sides to appoint cabinet ministers on the PR ratio. Prof. Peiris then explained the system practised in Belgium with regard to the appointment of cabinet ministers. UNP’s Mahinda Samarasinghe explained the system that is in operation in Switzerland with regard to appointing cabinet ministers. Both sides agreed to study the system before arriving at a decision.
It was also proposed to appoint two vice presidents to represent the Tamil and Muslim communities. The President proposed to appoint two deputy prime ministers instead of two vice presidents. A problem arose to the president’s proposal when members from both sides asked as to which deputy prime minister would act when the prime minister left the country for official business. Ronnie de Mel said that appointing two vice president’s were advisable as they stood above the cabinet of ministers. The President moved that the subject should be dealt at length as the minority parties should be consulted on the matter. ’Let us ask the Tamil MPs to name their vice president and also ask the Muslim parties to follow suit’, the President suggested. Wickremesinghe agreed to the President’s idea and stated that if there were more than one candidate, parliament should be given the freedom to elect those persons by vote. It was then decided to talk to the Tamil and Muslim parties to arrive at a decision.
The delegation also spoke about conducting a joint press conference by both leaders to brief the media on the outcome of the constitutional talks. Many ideas were expressed and views exchanged on the matter but no decision was reached as both sides agreed to discuss it later on a broader framework to outline the mechanism of that process. They then discussed when to fix the next date for talks. It was pointed out that some members of the two delegations would be out of the country on official business. Wickremesinghe indicated that he too would be abroad before the Sinhala-Hindu New Year. It was agreed to hold a few brief meetings before the festive season and suspend sittings till the New Year was over. It was agreed to continue talks next Wednesday and Thursday and meet again on April 06 before suspending the talks.
Electoral System
The subject under discussion in political quarters was the proposal to hold elections on the first past the post system proposed by the PA government. Though the minority parties did not favour it, the SLFP is fully backing this move of the government. However some in the government and the opposition are not in favour to increase the number of seats in the House to 260 with additional members being chosen on a district proportional system after the electoral system was completed. They say that the state has to incur heavy expenditure to maintain 225 members under the present system and if the number was increased the people would not be happy over that move. They say it would not be only an economic burden on the government, but also on the people to maintain a larger parliament. The SLFP is of the opinion that it could muster a two thirds majority under the first- past-the-post system to change the constitution, should the UNP disagree. It also feels that it could eliminate the UNP’s present strength in parliament if the elections are held under the old system. The government needs only a two thirds majority in the House for this purpose and a referendum is not necessary on the subject under the present constitution.
A number of PA MPs are confident that they could get the required seventeen votes from the UNP in parliament to see through the electoral reforms. The UNP rebel group is working hard towards this end. There were rumours floating in parliament throughout the week that more UNPers would join the rebels to support the PA.
Trincomalee District MP of the UNP Ariyapala Walgampita, is openly speaking in support of the PA in the parliament corridors with PA MPs. Hambantota District MP the pint sized Mervyn Silva is reported to be in two minds over the matter. He gave an interview this week to the state controlled ‘Dinamina’ in a balanced way without criticising the government. Silva is of the view that it would be difficult for him to return to parliament the next time as there would be stiff competition for the UNP list for Hambantota.
The government also plans to introduce the Crossover Bill when the electoral reforms are presented in the House. If that bill too is introduced, it will create an opportune moment for UNPers who wish to support the government. While the UNP rebels and the SLFP back these two moves, there is stiff resistance from the PA coalition parties like the LSSP, CP and the SLMC. These smaller parties feel that they would be wiped out under the old system of elections depriving them of greater representation in parliament.
Rebel Minister Sarath Amunugama was busy this week trying to muster the support of these smaller parties in the coalition to support the two moves. If the smaller parties in the PA back out, the exercise of the rebels to get the UNPers to support would prove futile as it would be difficult to get the required two thirds majority.
These two subjects were the topic at a UNP party at Galadari Hotel on Wednesday night. This party was hosted by Milinda Moragoda, the UNP organiser for Colombo East for some UNPers. Among the invitees were P. Dayaratne, Lakshman Yapa Abeywardene, Ranjith Maddumabandara, Imtiaz Bakeer Markar, P. Harrison, Mano Wijeratne, Lakshman Seneviratne, Sarath Gunawardene Sunil Ranaweera, R. A. D. Sirisena and Ananda Kularatne. Others outside parliament present were Mohamed Maharoof and Bodhi Ranasinghe. They inquired from the senior party man Dayaratne about the move by the government to change the electoral system. Dayaratne did not favour the proposal. He said the present PR system was the best. Lakshman Abeywardene did not oppose the previous system on the electoral basis, but complained about the manner the elections were conducted with thuggery and inimidation. ‘We must ask the government to establish the Independent Election and Police Commissions if they want to change the system’ Abeywardene asserted. Mano Wijeratne charged that when the UNP called for the abolition of the executive presidency, the PA wanted a full constitutional change but now they were trying to pick out one subject favourable to them to be approved. Abeywardene consoled Wijeratne saying that the PA will never be able to bring it up in parliament and the UNP as a party should oppose it.
Dayaratne pointed out that when the smaller parties and the Tamil parties opposed electoral reforms it would certainly be difficult for the government to get the two thirds majority. All present appeared to be opposed to the government’s moves to see the electoral changes through and the Crossover Bill passed by trying to muster support from some UNP MPs.
Meanwhile, UNP leader Ranil Wickremesinghe met members of the diplomatic community based in Colombo at the Opposition Leader’s office on Thursday evening. Messrs Ronnie de Mel, Milinda Moragoda, Mahinda Samarasinghe and C. Mahendran assisted the UNP leader at this discussion. At the outset Wickremesinghe briefed the diplomats about the progress of the talks held between his party and the government on the constitutional reforms. Mahinda Samarasinghe and de Mel were asked to explain the areas where they participated in talks to educate the diplomats on the progress made in areas under the reforms. The diplomats appeared satisfied with the progress made by the two sides to find a settlement to the problem. They wished the UNP leader success in future talks to solve the crisis facing the country.
While the UNP leader met the diplomatic corps a cabinet meeting was on at Temple Trees. This meeting was a brief one as the President was not present an Minister Ratnasiri Wickremenayake chaired the meeting. Some ministers were absent as the parliament was in progrees in the committee stage of the budget debate.
Mahinda Rajapakse
Fisheries Minister Mahinda Rajapakse who was conferred the prestigious ‘Janaranjana Rohana’ title by the Maha Sangha was feted by many organisations during the past six weeks. Senior SLFP ministers were present on these occassions in support of Mahinda. Political circles see this as a promotional campaign for Mahinda to take over the party in the future. Senior SLFPers are in full support of the move to get Mahinda to succeed Kumaratunga in the future or to make him the Prime Minister after Mrs. Bandaranaike. Mahinda is a popular figure from the South and is popular countrywide for the services he has rendered as a politician. Government members and opposition members too organised a felicitation ceremony to greet Mahinda in parliament on Friday after the budget debate was over. It was the first time that such a ceremony was organised to greet a fellow parliamentarian in the parliament premises.
Maha Sangha
The Maha Sangha met the Presidential Secretary, K. Balapatabendi, on Wednesday to protest against the talks that are to be initiated with the LTTE to bring peace. They are opposed to the role played by the Norway as a facilitator. The Sangha handed over a protest message to Balapatabendi to be given to the President. The Maha Sangha says that talks with the Tigers are of no value and calls upon the government to eliminate the LTTE from the face of the earth and then discuss peace moves with the moderate parties.
Meanwhile, the National Movement Against Terrorism (NMAT) conducted a protest in front of the Norwegian embassy this week demanding their withdrawal as the facilitator to bring the LTTE to the conference table. Following these protests by the Maha Sangha and the NMAT Justice Minister G. L. Peiris visited Kandy to meet the Buddhist prelates there. The Maha Nayakas informed the minister that they were keen to meet the President to discuss matters of national importance and the minister agreed to convey the message.
The Maha Nayakas led the earlier protest against the devolution package in 1997 and the government was forced to put the document back to the cabinet. The LTTE is known to buy time to regroup and attack the government. LTTE theoretician, Anton Balasingham, has already told the ‘Tamil Times’ that the government should withdraw the troops to barracks and call for a ceasefire if talks were to proceed. President Kumaratunga, however, is on record saying she will not agree to any pre-conditions by the Tigers to start talks. It will be interesting to see which side will change its mind-set if the two sides are to meet despite opposition from many quarters in the country to bring the Tigers to the negotiating table.
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