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Provincial Council Elections (Special Provisions) Bill
Supreme Court finds Bill inconsistent with Constitution

Provincial Council Elections (Special Provisions) Bill
Supreme Court finds Bill inconsistent with Constitution
by our Parliamentary Correspondents

The Supreme Court which inquired into the constitutionality of the Provincial Council Elections (Special Provisions) Bill, which was introduced by the government to enable the Commissioner of Elections to fix new dates for elections for Western, Uva, Sabaragamuwa, Central and North Central Provincial Councils, has determined that clauses 2 and 3 of the Bill were inconsistent with Article 12(1) of the Constitution and can be passed by Parliament only with a special majority.

The inquiry into the constitutionality of the Bill by the Supreme Court followed hearing of applications filed by four political parties challenging the Bill.

The Supreme Court has conveyed its determination to Speaker of Parliament K. B Ratnayake.

Announcing the Supreme Court determination in Parliament yesterday morning, the Speaker said that the Supreme Court had found that clauses 2 and 3 of the Bill were inconsistent, inter alia, with Article 12(1) of the Constitution and therefore can be passed by Parliament only with the special majority prescribed by Article 84(2).

The Supreme Court has also observed that clause 2 of the Bill will cease to be inconsistent with the constitution if amended as suggested by its determination.

Elections to these five PCs were earlier fixed by the Commissioner of Elections for August 28, 1998, but were postponed indefinitely by Gazette Notification on August 4,1998 under emergency powers.

The Bill also intends to give the authority to the secretaries of the recognised political parties or the leaders of the independent groups who have already handed over nominations for the five Provincial Councils to substitute any names appearing in their respective nomination papers.

The Supreme Court has determined that both these provisions of the Bill were inconsistent and required two thirds majority to pass the Bill.


A question of privilege

Rajitha Senaratna UNP (National List) yesterday raised a question of privilege against the Daily News for publishing two reports on November 21 and November 24, commenting on his conduct as a member of Parliament and that the reports constituted a breach of his privilege as an MP.

The report dated November 21 was published under the By-line of Ravi Ladduwahetti and the other published on November 24 was published under the By line - Lobby Correspondents. "The reports exceeded all limits of accurate reporting and fair comment", Mr. Senaratna said referring to the reports.

He requested Speaker K. B. Ratnayaka to refer his complaint to the Privileges Committee.

The Speaker said he would take necessary action.

Meanwhile the Speaker announced that a motion be moved to refer a similar privilege issue raised the previous day by W. J. M. Lokubandara against the Daily News.


550 Lankans languish in foreign prisons

Five hundred and fifty Sri Lankans are in prisons abroad without valid visas, said Deputy Minister of Foreign Affairs Lakshman Kiriella in Parliament yesterday. The deputy minister was replying on behalf of the Minister of Foreign Affairs to an oral question raised by Mr. Vasudeva Nanayakkara on the number of Sri Lankans who are in prisons of Singapore and Middle Eastern countries for want of a valid visa.

Quoting some of the numbers the deputy minister said the number of Sri Lankan prisoners in Kuwait is 353, Jeddah 77 and 14 in Singapore.

Replying to Mr. Nanayakkara’s question as to whether he will intervene to obtain their release and repatriation, the deputy minister said that they are working with the embassies towards this end.

The minister said that consular assistance can be given to these prisoners under the Consular Act.


Moves to safeguard Intellectual Property Rights in SAARC region
by Azhara Raban

The World International Property Organisation( WIPO) sub-regional forum on Intellectual Property for SAARC countries was inaugurated at the Lanka Oberoi yesterday.

The forum which was the first ever meeting on Intellectual Property organised among SAARC countries was held following a proposal by Kingsley T. Wickremaratne, Minister of Internal and International Commerce and Food to a visiting delegation of WIPO in July this year.

The objective of the Forum was to enhance awareness of Intellectual Property Rights as a useful tool for social, cultural and technological developments, to provide an opportunity to exchange views and experience in promotion, protection and enforcement of Intellectual Property Rights and to strengthen co-operation in the area of Intellecual Property among SAARC member countries.

Chief Guest, Minister Wickremaratne said, "we realise the importance of the role that intellectual property can play in the development of our country. As a result we have embarked on implementing a modernisation project which mainly covers three areas; modernisation of the law in line with the recent international developments, modernisation of the intellectual property administrative system and an awareness programme on intellectual property targeting on certain identified groups such as business community, scientists, designers, artists and later the general public".

The Minister said, there may be a few areas where SAARC countries can commence and develop co-operation on matters relating to intellectual property. "For example, co-operation on exchange of technical and patent information among SAARC nations would be a fine area in this regard. The developments in information technology have brought us closer and closer. The new information technology will play an important role in the promotion of co-operation among our nations and among Intellectual Property offices".

The future depends on the promotion of innovative and creative activity. "We have to promote the creative activity in the region and this is another area where SARRC countries can promote co-operation", the Minister said.

It has become necessary today to preserve and protect our traditional knowledge not only as individual countries but also as a region." Similarly this region is also rich in geographical indications such as Ceylon Tea or Basmati rice which have tremendous commercial prospects", he noted.

The forum which was organised in collaboration with the Ministry of Internal and International Commerce and Food was attended by N. K. Sabharwal, Director, Asia Pacific Bureau, World Intellectual Property Organisations, Shaun Donnelly, the US Ambassador, Shankar Menon, the Indian High Commissioner, D. M. Karunaratne, Director of Intellectual Property,


HIV drugs — Glaxo clarifies

Dr. Lucian Jayasuriya, Medical Advisor, Glaxo Wellcome Ceylon Ltd., says.

"I refer to your news item in page one of the Island of 1 December 1998, where Ms. Sakuntala Perera has quoted, our Managing Director Mr. Michael Andree and me.

"I had a discussion with her, on the telephone, on 30.11.98. On her request I sent her fax giving the information she wanted. Her report does not clearly reflect what I said.

"I did not talk of ‘reluctance of the government to take a policy decision’. In fact I said that there are many developing countries where the government does not provide anti HIV drugs to patients. Our Managing Director also tells me that, he did not say anything about government policy decisions and has been misquoted.

"Regarding zidovudine, for pregnant mothers who are HIV positive, I clearly stated to Ms. Perera that our offer of free zidovudine stands, but the need has not arisen still. Therefore, there was no request for it from the Director General of Health Services."

Editor’s Note:

Our reporter stands by her report. Could any one in the state or private sector specifically state whether there is a clearly spelt out policy on import of drugs used to treat HIV patients which have successfully reduced levels of the virus to an undetectable degree in patients of developed countries and whether the lack of such a policy has resulted in the current situation here? Is it not a right of patients who can afford these drugs to have access to them in this country?


Sri Lanka HIV victims to rise ten- fold by 2005 - UN

COLOMBO, Dec 1 — The number of HIV cases in Sri Lanka will rise ten-fold to almost 80,000 by 2005, the United Nations Development Programme (UNDP) said on Tuesday.

"Though it has not attained epidemic proportions, AIDS is slowly on the rise in Sri Lanka according to all indications," the UNDP said in a statement issued on World AIDS Day.

"A study funded by the UNDP on HIV/AIDS in Sri Lanka estimated that by the year 2005 the number of cases in the country will have increased more than ten fold to almost 80,000 HIV infected people," it added.

HIV is the virus that leads to Acquired Immunodeficiency Syndrome.

At present there are nearly 6,800 people infected with HIV Sri Lanka, the UN organisation said.

There have been 61 deaths from AIDS since the disease was first detected in Sri Lanka in 1986, government’s statistics have revealed.

The UN study said Sri Lanka had a low prevalence rate in comparison with many other Asian countries, but warned that there is no reason to be complacent.


UNP gearing itself for polls in NWPC
by Shamindra Ferdinando

Amidst government’s moves to overcome problems caused by the SLMC’s decision to contest the forthcoming North Western Provincial Council [NWPC] poll alone, the UNP’s Nomination Board commenced sittings on Monday to select its candidates, political sources said.

Elections to the NWPC comprised the administrative districts of Kurunegala and Puttalam is expected to be in late next month or early February, political sources said.

Nomination lists were expected to finalised by end of this week.

The UNP’s Nomination Board had been interviewing prospective candidates at the party headquarters, Sirikotha. "Interviews will continue for a few more days," party official Saman Athavudahetti told The Island yesterday.

He did not go into details but said that nomination lists will have to be filed by or before next Tuesday [8].

The UNP leader, its chairman and the general secretary were among the members of the Nomination Board. Party sources revealed that some sitting MPs have indicated that they do not want to resign their seats to contest the forthcoming poll. A former MP who represented the Kurunegala district too had declined to contest, party sources told The Island yesterday.

"We want to field a strong side," a senior party official said.

Both Kurunegala and Puttalam have been UNP strongholds however at the last parliamentary and presidential polls, the People’s Alliance led by the SLFP was able to do well in the NWP. However the SLMC decision to contest separately will affect the PA’s performances, political sources said.

At the last parliamentary poll [August 94] the PA polled 366856 to UNP’s 332547 votes in the Kurunegala district while securing 156605 against UNP’s 127671 in the Puttalam district. Twelve PA MPs represent the NWP. They include SLMC MPs. The UNP has ten MPs in the same province.

Both the PA and the UNP sources said that they wanted to field new faces at the NWPC poll. However both sides wanted to field seniors to lead the campaign, sources said. President Chandrika Kumaratunga late last month told the party Kurunegala district convention that deputy minister S. B. Navinne will contest the poll as the chief ministerial candidate.

The SLFP’s all island organiser minister Anuruddha Ratwatte was expected to conduct the polls campaign. Several cabinet ministers will also campaign in the NWP. Media Minister Mangala Samaraweera’s deputy , M. L. M. Hisbullah [SLMC] was expected to lead the SLMC campaign in one of the districts.


Airlanka teams up for innovative computer reservation system

Airlanka and Galileo International Inc on Monday announced the launch of the Galileo system in Sri Lanka, saying it would give travel agents in the country access to one of the most powerful computer reservations systems (CRS) available to the travel industry.

The launch, held at the Colombo Hilton, was marked by a presentation and product demonstrations to leading names in the travel industry in a bid to create awareness among them about the efficiency of the Galileo system. Senior management from Airlanka, Galileo International and Galileo Emirates were present at the launch.

A new National Distribution Company (NDC) has been established in Sri Lanka in partnership with Airlanka and Galileo Emirates and would distribute the range of Galileo products in Sri Lanka. Airlanka says the office is staffed by experienced engineering, sales, training and support personnel from Airlanka who will offer classroom and on-site training. They would also offer field and sales support. Meanwhile, six employees drawn from Airlanka are to receive training in the Emirates and would be attached to the Galileo Sri Lanka office on their return. Upon completion of their training, they would be able to cater to the needs of those interested parties on the local travel scene, answer their queries and help them align themselves to the Galileo CRS if they would wish to sign up.

The NDC would install Galileo personal computers in travel agencies and provide classroom training and after-sales telephone support. Agencies will be able to access the Galileo system through Focal Point, the Windows based PC product which offers tools for selling travel, including third party software integration, on-line help and drop-down menus. Some other features include value added products such as BOSS 2, an agency management system, and a Tracer, a commission tracking system, which has been developed in-house.

Airlanka Chief Commercial Officer, Peter Hill, said that Airlanka chose the Galileo system because of its superior technology, regional support, advanced training and new range of user-friendly products. He said it would provide the Sri Lanka travel agent with the means to keep ahead in today’s competitive world. Answering questions on why tender procedure was not followed when choosing Galileo over other CRS companies, Mr. Hill said an evaluation committee had been set up before the privatisation of Airlanka to look into the matter. He said the committee had short-listed two companies - Abacus and Galileo.

Mr. Hill noted that after the privatisation of Airlanka, the local travel agents made a number of representations to them requesting a superior CRS. "We promised to have it in place in six months," he said, "So I reopened the committee and signed up with Galileo because they offered better services." He said he negotiated with Galileo to lower their price since it had been higher than what Abacus offered. The deal was struck after negotiations succeeded towards this end (helped by Galileo’s existing successful partnership with Air Emirates).

Galileo Emirates General Manger, Naz Nizari said, they target about 200 travel agents in Sri Lanka and hope to have at least five signed up with the Galileo system by the end of December this year. Senior Vice President of Subscriber Marketing (Galileo International), David Near, and Galileo International Regional Director in the Middle East and Africa, Charles de Silva, were also present. (NW)


Increase in food prices shoots COL up

The Colombo Consumers’ Price Index (CCPI) for last month (November), was 2308.0. This shows an increase of 36.1 index points or 1.6 percent from the October index number of 2271.9. This is an increase of Rs. 73.08 in the Expenditure Value of "Market basket" when compared to October, 1998, Department of Census and Statistics reported yesterday.

The increase in the CCPI for November is due to increases in prices of Rice, Dried Chillies, Red Onions, Big Onions, Green Gram, Coconut Oil, Fresh Fish — Shark, Dried Fish — Sprats, Coconuts, Potatoes, Cigarettes and Liquor. These price increases in Food items can be mainly attributed to short supply to the markets in Colombo City.


Pilgrim trek to Sri Pada begins
From Gamini Bandara

The annual pilgrimage to Adam’s Peak (Sri Pada) begins tomorrow on December 03, on (Unduvap Poya Day).

The statue of God Saman enshrined at Sri Pada Raja Maha Vihare, Galpoththawela, Pelmadulla, as customary, would be taken in a motorcade from Galpoththawela to Adam’s Peak for the annual Sri Pada annual festival.

Arrangements have been made by Government Agent, Nuwara Eliya, Dhanasena Hettiarachchi to extend all necessary facilities to pilgrims visiting Adam’s Peak this season.


Three more join protest fast

Three more of LTTE detainees have joined nineteen others in a protest fast on the roof of the Kalutara prison according to Prison officials.

Of the thirty-one LTTE suspects who participated in the fast on November 29, twelve suspects have given up their fast after a discussion with Commissioner of Prisons P. Balasingham.

They demand that plaint be filed against them if there are any charges or be released and to transfer them to Batticaloa Prison.

A team of lawyers from the Attorney-General’s Department are to meet the LTTE suspects.


Don’t talk to LTTE, says UMP
by Sanjeevi Jayasuriya

The United Mahajana Party (UMP), the youngest political party in Sri Lanka have practical alternatives for the current problems the country is facing, party Leader and the General Secretary, H. R. Piyasiri said on Monday.

Addressing a press conference the party’s on the declaration of policy publication, he said UMP hopes to become the first force of the country. The publication of policy declaration contains, a detailed information regarding the plans of the party, he added. The theme of the policy declaration is " Forward Path for the new Century by Trust and Hope". The symbol of UMP is the scale. This is the fairness the party wishes to display, the Leader said.

The different approach of solving the ethnic problem is the UMP’s main concern. It is not the devolution of power but, the handing over of power. This concept is not new to this country. In the process of ruling the country this concept had been made use of Mr. Piyasiri claimed.

The UMP leader stressed that there should not be any form of dialogue between the LTTE and the government, until the LTTE give up the fight for a separate state. If the country can get the support of the masses, this conflict could be settled in less than a year, he said.

The country is fighting a war with a group that demands a separate state. It is always convenient for the both parties to have a mediator to negotiate issues at hand, he said.

Today, Sri Lanka has become the paradise for the beggars, drug dealers and criminals. This situation should be changed immediately. If there is going to be another youth uprising, it will not be the same as what the country witnessed in 1971 and 1988. They will topple the government and capture power, the UMP leader predicted.

The majority of the population rejects UNP and the present government, but there is no third force to look forward to in governing the country. To serve this purpose the Party will carry forward the policies of late Premadasa, supported by a clear vision, Mr. Piyasiri said. Among the matters discussed were foreign policy, agriculture, economy, industry and other important issues in relation to policy declaration by the party. The party has not commenced the task of membership drive so far. It hopes to do so in the near future. Steps will be taken to open up regional party offices in selected areas initially, he said.

The party will be contesting every election, extending their support to the government. This will be done to implement the party policies. The executive presidency should be continued with a grand jury system similar to what is in USA. This jury should be empowered to investigate any allegations or mal practices against the president, he added.

The president should be responsible to the Parliament. The trend today is for people to rule the law and this should be the other way round. Bribery, corruption, waste and plundering must be eliminated. The politicians should be with clean hands, he added.


Money thief caught in betting centre

KANDY Staff: A suspect who robbed Rs. 16,000 from the Kandy town is reported to have been arrested while hiding in a betting centre within an hour of the act by the OIC Crimes Investigation Branch of the Kandy Police.

CI H. M. Seneviratne encroached the haunts of unscrupulous elements in Kandy town and finally traced the suspect in a betting centre.

At the time of arrest the suspect Kulatunge had in his possession only half the loot in his shirt pocket.


Weekly medical clinics in schools
By Emanthi Marambe

Under a novel programme, weekly medical clinics are to be introduced for school children islandwide from next year to ensure that they lead healthy and normal lives, authoritative sources said.

These medical clinics will be conducted by the Health and Indigenous Medicine Ministry.

All students, with special emphasis on year 1 to 5 primary students, will be given individual medical cards where the nature of food they consume each week will also be recorded, the sources said.

This programme to be launched with the assistance of the Education and Higher Education Ministry is aimed at promoting the health of school children, Deputy Health Minister Pavithra Wanniarachchi told ‘The Island’.

It will be carried out islandwide on a district secretariat level and under the direct supervision of the respective provincial directors of health.

Health societies will also be set up in schools to educate students on health care and personal and general hygiene,the deputy minister said.


Packeted ganja in devale

BATAPOLA: A person from Randombe was sentenced to one-year’s RI by the Balapitiya Magistrate K. P. Fernando when he was found guilty of packeting ‘ganja’ inside a Kataragama Devale, in Balapitiya.

Ambalangoda police arrested the man when in the act.


School girl missing

A 20-year old ‘A’ Level student of Visakha Vidyalaya, Colombo, who had set off from her lodgings at Kuruppu Road, Borella, on Saturday morning saying she was going to her home at Ambalantota has been reported missing to the Borella Police.

The missing student, M. M. Vathsala Priyadarshini, had left her lodgings around 10.30 a.m. She had phoned a neighbour at Ambalantota and asked that a message be sent to her home saying she was on her way there. She was wearing a pink floral printed dress and her hair was done in a pony tail (different to what appears in this picture).

Thereafter, she had called the same neighbour at Ambalantota once again and said that she was calling from near the Pettah bus stand. She had difficulty getting a bus, so she had decided to spend the night with a relative at Maligakande and come home the next day, she had said. She had not been seen or heard from since then by her family and friends.

Her associates described her as quiet and studious. She was being assisted with board and lodging by a professional in Colombo whose wife’s sister sent the girl money from Canada to help her to pursue her studies.

Her parents and friends are frantic with worry and would be grateful for any information about her whereabouts. Anybody who can help should communicate either with the Borella police or Mrs. Kanthi Warusawitharane at phone no.692025.


Pigs from US to boost breeding

Twenty four sows and six pigs are expected to arrive in Sri Lanka from the USA today for breeding to selected multiplier farmers in the latter part of next year.

A programme initiated by the Ministry of Livestock Development and Estate Infrastructure and which is being implemented by the Department of Animal Production and Health and the National Livestock Development Board provides for the importing of Large White and Landrace pigs which are to be reared as a foundation stock at the Horakelley Farm. The main purpose of this programme is to maintain the pure lines. The progeny of these animals will be used to introduce new blood to the existing swine population in Sri Lanka official sources said.

Arrangements have also been made to issue 3,000 high quality breeding animals at cost price during the next four years to ‘breeder farmers’. These multiplier farmers will in turn carry out cross breeding and issue them to the market. The pure lines at Horakelley will be infused with fresh blood from outside the country at regular intervals to prevent in-breeding.

This breeding programme was found to be necessary as the present pig population, estimated to be around 80,000, is on the decline. The major constraint faced by the swine industry is the shortage of good quality breeding materials which has created a high demand for fatter piglings. The non availability of fatteners has resulted in many of the small scale pig farmers giving up their enterprises which has led to the shortage of animals, the sources said.

Swine production provides an important source of supplementary family income among the poorer socio-economic groups of the "Pig Belt" areas. The industry is mainly concentrated on in this belt extending along the coast from Puttalam to Kalutara.


Nine suspects allegedly planning to kill Dy. Defence Minister remanded
By Cyril Wimalasurendre, Kandy Corr.

Nine suspects including two middle aged women allegedly responsible for planning to kill the Deputy Defence Minister in Kandy and effect an explosion at the Colombo harbour, were remanded on Monday by Kandy Chief Magistrate (Mrs.) D. C. Mirinchiarachchi on an application by police.

The suspected LTTE cadres had disclosed their plans after three months of interrogation by the police.

Interrogations were conducted by the special police team since the arrest on suspicion of a Tamil from Vavuniya by the Talatuoya police three months ago.

Prakash’s arrest and subsequent questioning had led to the arrest the eight LTTE suspects including the two women from different areas, police sources said yesterday.

The special team led by CI C. M. S. Bowala, OIC, Central Range Special Investigation Unit raided a house at Modera, Colombo to arrest some of the suspects and take into custody an Isuzu truck, a motor-bicycle and some live cartridges.

Police investigations had revealed that the suspects had been conducting their sinister operations in Kandy and Colombo planning to assassinate the Deputy Defence Minister Gen. Anuruddha Ratwatte in a Kandy location, blast a vulnerable spot of the Colombo harbour and cause explosions to electric transformers, sources said.


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