.

China ignores 10th Tiananmen Square Anniversary
by Dr. Stanley Kalpage

Revolutionary leader Mao Tse-tung proclaimed the founding of the People’s Republic of China in 1949 from the Gate of Heavenly Peace (or Tiananmen) to the north of Tiananmen Square. 4 June 1989 is remembered the world over as the day when the troops and tanks of the Chinese military, under the orders of party leader Deng Xiaoping, cracked down harshly before dawn on student pro-democracy demonstrators.

In May/June 1989, Tiananmen Square attracted up to 1 million people during seven weeks of pro-democracy demonstrations. Hundreds of people are reported to have been killed in the assault on 4 June. Since then, police surveillance and control of activities in the Square have been tight.

The students publicly proclaimed at that time at their aim was not to topple the party, but to spur it toward positive change — a goal entirely consonant with the position of the ruling communist party.

Chinese authorities ignore tenth anniversary
The Chinese authorities began renovating Tiananmen Square in November of last year, as a part of preparations for the 50th anniversary of the founding of the communist republic to be celebrated on 1 October 1999. This year, on the occasion of the Tenth Anniversary of the Tiananmen Square crackdown, the authorities were in complete control of what happened at the Square. A lone youth who flung some posters into the air was tackled by the police and led away. The government-controlled media did not mention the anniversary.

An editorial in the state-run People’s Daily called on citizens to preserve "unity and stability" above all else as the sensitive 4 June anniversary approached. In an unusual public reference to the Tiananmen incident, the editorial said that the government’s "firm and resolute" actions to suppress the 1989 demonstrations — which left hundreds dead — were "extremely timely and completely necessary."

The rest of the world, especially western-based correspondents, had waited eagerly to see how the People’s Republic of China would mark the tenth anniversary of the 4 June 1989 Tiananmen Square incidents. But according to reports, most people in the Chinese capital went about their normal activities on the day of the Tenth Anniversary. When reminded about it and pressed for a reply, Chinese prime minister Zhu Rongji, replied with heavy sarcasm: "Thanks for reminding me, I had forgotten about it."

Last year, President, Jiang Zemin had been somewhat more forthcoming. He made a rare public statement defending Beijing’s decision to use force in 1989. To visiting US President Bill Clinton, Jiang Zemin said: "Had the Chinese government not taken resolute measures, we could not have enjoyed the stability that we are enjoying today."

Hong Kong was the only part of China where commemoration of the 1989 Tiananmen Square protests was allowed. Tens of thousands of people gathered for a candlelight vigil to mourn those killed in the military crackdown. The sentiment expressed was: "Remembering 4 June here is an important marker of whether the ‘one country, two systems works."

Democracy with Chinese characteristics
Since 1989, China has made remarkable progress in creating a civil society. Among other things, "counter-revolution" — which is how the 1989 events are still officially described — is no longer a crime. In fact many, of those who were incarcerated after the Tiananmen Square uprising, have emerged as flourishing professionals within the past decade. Political prisoner Wang Peigong is now a prominent screenwriter. Wang Shi who was also jailed in June 1989, is now a successful entrepreneur who is engaged in building the new China.

One of the students’ main demands — greater freedom of expression — is being slowly achieved. Day-to-day control of the Communist Party is said to be much less and those who do not directly challenge the authorities are able not only speak more uninhibitedly, but also to pursue their lives freely. University graduates can now choose their jobs rather than having them assigned by the state.

Ordinary people in China no longer believe that change can happen in their country in any other way than slowly and incrementally; they believe in evolution rather than revolution. They understand that in the long run, real, sustainable progress is accomplished in stops and starts, amidst frustrations and setbacks. They know that China must find her own means to make her leaders more accountable. This is what Jiang Zemin once called "democracy with Chinese characteristics"

Entry into the WTO
In the meanwhile, the Chinese government is giving attention to more pressing problems. These include the application to join the World Trade Organisation, allegations of spying for nuclear secrets in the United States, and the fallout from the NATO bombing of the Chinese embassy in Belgrade.

Despite the recent setbacks in Sino- U.S. relations, president Clinton appears determined eventually to bring China into the WTO, whose membership would require China to make numerous concessions and reforms in its economy and its trade practices. In exchange, China would receive greater international prestige and assurances of permanent "normal trade" status. Chinese Premier Zhu Rongji had hoped to secure a WTO agreement with Clinton when he visited Washington in April and was angered when negotiations fell short.

NATO bombing of Belgrade embassy
Relations between the US and China grew even worse when NATO bombs struck the Chinese Embassy in Belgrade on 7 May, killing three Chinese journalists. Chinese officials allowed demonstrators in Beijing to pelt the US Embassy with rocks, triggering denunciations in the US Congress. The Beijing government showed its anger over the bombing incident by encouraging anti-American demonstrations in China, cutting off military contacts and WTO talks and demanding a full accounting of the bombing and punishment for those responsible. US Secretary of State Madeleine Albright said that relations clearly have taken some steps backwardÉ but I believe that we must move forward, as do they, in terms of rekindling the WTO talks and on other issues."

Albright despatched under-secretary Thomas Pickering and other administration officials to explain to the Chinese that the 7 May bombing, which killed three Chinese citizens, was a "tragic accident."

Pickering stressed that the United States believes the relationship with China is an important one "that needs to get beyond this." The bombing, which the Chinese insisted was intentional, was a serious blow to a relationship between the two countries already reeling from other irritations.

Nuclear secrets
Relations chilled further when a detailed US Congressional report accused the Chinese of nuclear spying, which the Chinese government denies. The three-volume report of the House Select Committee chaired by Representative Christopher Cox (R-Calif.) allege that Chinese spying on US nuclear warhead designs and other secrets began long before Tiananmen.

The Cox report on alleged Chinese espionage in the United States has provoked a bitter counterattack from Beijing. The Chinese have stoutly defended their country against the detailed, bipartisan allegations of systematic theft of US nuclear secrets.

Changes in last decade
Despite criticism of the Beijing regime for alleged human rights lapses there is ample evidence that the past decade has seen much change throughout China. Economic growth has been unparalleled. In many ways, ordinary Chinese, are freer than ever: to move, to star businesses, to choose their jobs and friends and spouses, to watch foreign films and read foreign books. One view of China’s future is that a civil society is rising that can help China move gradually from its communist past to a more pluralistic future.

Commentators in the U.S. and elsewhere still portray China as a rapidly emerging military and economic rival of the U.S. in Asia. However many Chinese seem to feel that a gradual approach at home is setting the country on a stable course toward a more open society.

U.S. Congress resolution
After the upward trend in Sino-US relations in the past two years when the presidents of the two countries visited each other, some irritants are evident in the relationship between them.

China has slammed a critical resolution by the U.S. Congress before the 10th anniversary of the Tiananmen Square incident of pro-democracy protests, saying it incited "a new anti-China wave" and attempted to undermine national stability.

Beijing’s "immediate, correct, and resolute measures" to quell the "disturbance" in 1989 maintained social stability and ensured the reform, opening-up and modernisation of country," said an article by an unnamed official of the National People’s Foreign Affairs Committee.

The official Xinhua news agency carried an article which said: "The US House of Representatives and Senate adopted anti-China resolutions on 25 and 27 May respectively with the excuse of the so-called ‘10th anniversary of 4 June 1989 incident’. According to the article, the US resolution had wantonly distorted facts, attacked China’s human rights conditions, incited a new anti-China wave and attempted to undermine China’s stability, and obstructed the development of Sino-US relations.

Film Corporation comes under legal scrutiny
by Nayana

Those members of the public who have long suspected that all is not well regarding the importation and distribution of foreign films would have seen confirmation last February when the National Film Corporation was ordered to pay Rs.400,000 as compensation to an aggrieved film importers’ association in a fundamental rights case.

In a subsequent development the Corporation is now facing a contempt of court charge for allegedly failing to comply with the terms of the Supreme Court judgment in that case.

In terms of Section 57 (1) of the National Film Corporation Act No. 47 of 1971, no person is allowed to import, sell, supply or distribute films or any equipment or material for the production or distribution of films without written permission from the Chairman of the Corporation.

This gives the NFC one of the most comprehensive monopolies enjoyed by a public authority over any trade or business. It is remarkable that such powers of control should be given over an activity that is not only commercial but also involves vital issues relating to freedom of thought, expression and information.

The Supreme Court cannot reduce these powers but a Bench comprising Justices Fernando, Dheeraratne and Weerasekera stated that this monopoly is held in trust and must be exercised for the public benefit. Hence, arbitrary or discriminatory conduct would not be permitted.

The case began when a film importing organization known as the "Wideshiya Chitrapata Anayanaya Karannange Sangamaya" (Foreign Film Importers’ Association) filed a fundamental rights case alleging that their members had been given unequal treatment as against another film importer by the name of "Lakshmi Pictures (Pvt) Limited".

The grievance of the petitioner association was that the National Film Corporation had laid down a requirement that its members import and supply only brand new prints while permitting Lakshmi Pictures to import and supply used "runnable" prints, which of course were cheaper.

While the case was pending, the NFC published a new set of rules allowing the_ importation of new or runnable prints, but the Court held that these rules would be prospective, not retrospective, in their operation and could not be used by the Corporation to justify its earlier discriminatory conduct.

The Court accordingly held that the right to equality before the law enjoyed by the Sangamaya’s members under Article 12(1) of the Constitution had been violated, and awarded compensation in a sum of Rs.400,000 intended to be commensurate with the commercial prejudice suffered by them.

However the Court broke new ground in a series of additional orders it issued. Firstly, the NFC was directed within six months to define and publish its criteria for the importation, supply and distribution of films, after affording registered suppliers, cinema owners and members of the public an opportunity to make representations. Thus the Court upheld not only the principle of transparency but also of public participation in the decision making process.

To this the Court added the principle of accountability, when it directed that a copy of the judgment be sent to the Auditor-General to determine whether there have been any irregularities in regard to the importation, supply and distribution of films during the period 1995 to 1998, and, if so, the persons responsible and the extent of any losses. The Auditor-General is required to submit a report to Court within six months of the judgment.

While Article 126(4) of the Constitution empowers the Supreme Court in a fundamental rights case to "grant such relief or make such directions as it may deem just and equitable in the circumstances", the Court has sometimes been criticized for a seeming lack of imagination in the types of orders given, especially in the light of repeated violations by certain State agencies.

The orders issued in the Wideshiya Chitrapata Sangamaya case may signal an opening out of vistas in the area of public accountability, just as it is evidence of the increasing recourse to "FR" jurisdiction by commercial enterprises who find themselves at the receiving end of arbitrary or discriminatory treatment in such matters as tenders and permits.

In this instance, however, the petitioner association has alleged that the NFC has not kept to the terms of the judgment. In a petition for contempt of the Supreme Court filed at the end of May, the petitioner has cited several alleged incidents of noncompliance by the NFC.

It is claimed that the Corporation is still allowing Lakshmi Pictures to import and supply cinemas with used films while used films brought in by other importers have been rejected. It is also claimed that while written representations from the public were invited by newspaper advertisement on 9th April, no criteria on film importation have yet been published.

The petitioner has also alleged that subsequent to the judgment, by a circular dated 31st March, the Corporation issued a directive regarding the order of distribution of foreign films (said to be the order in which they were released for screening by the Public Performances Board) without prior consultation with suppliers, cinema owners and the public as required. With a final twist of the knife, the petitioner has claimed, with examples cited, that even this directive was not being uniformly adhered to.

The Corporation and the other respondents to the case have been required to answer tp the charge on 20th July.

Meanwhile there have been some reports of moves to revamp the Film Corporation. While reforms, taken in consultation with affected parties, would no doubt be welcome, it is important to ensure that any such moves do not stultify the Supreme Court’s endeavour to impose financial accountability on the Corporation and the persons running it, or do away with the idea of public participation in rule-making process which is enshrined in the judgment.

Follow party line or get out: Ranil
By Shan Wijetunga

Prime Minister Sirimavo Bandaranaike has completed 50 years in politics. To honour the occasion President Chandrika Bandaranaike held a Sanghika Dana to 1500 bhikkhus at the Sangabodhi Vidyalaya, Attanagalle attended among others by Anura and Sunethra Bandaranaike.

Anura arrived at Sangabodhi Vidyalaya accompanied by his eldest sister, Sunethra.

Ven. Medagoda Sumanatissa Thero and the Chief Incumbent of the Attanagalle Vihare advised Mr. Anura Bandaranaike to reconcile his differences within the family to which he said he would think about the proposal.

The President thanked Anura for attending the Dana ceremony. Anura in turn, thanked the President for inviting him for the felicitation ceremony.

Vimukthi, son of President Chandrika , Anura and Sunethra left early to have lunch at Sunethra’s residence and for Vimukthi to watch the World Cup finals on television. Later, President Chandrika Kumaratunga too had lunch at Sunethra’s residence and later discussed with Anura and Sunethra young days and also international affairs. Reminiscing their young days they revelled in laughter recollecting the joyful days in the walauwa.

Sunethra’s long time servants were delighted at the very happy reconciliation between President Chandrika Bandaranaike and brother Anura Bandaranaike.

One of the servants remarked "Madam, we thought both of you are angry."

But the President and Anura replied simultaneously that there were no differences between them.

Wijayapala Mendis
A religious ceremony was held at the residence of MP Wijayapala Mendis to commemorate the birthdays of former Prime Minister Dudley Senanayake and Davendra Mendis, son of Wijayapala Mendis.

At this ceremony Wijepala Mendis donated a block of land called Mawatta to the Maha Sangha.

Ironically, this particular block of land was a controversial issue at the Commission appointed to probe corruption and malpractices in government service.

MPs Rukman Senanayake, Sarath Amunugama, Sarath Kongahage, Festus Perera, M. H. Mohamed and also Mr. Sirisena Cooray, Prof. Stanley Kalpage, Mahen Gunasekera participated in the religious ceremony.

UNP leader Ranil Wickremesinghe was severely criticised by Ven. Elle Gunawansa Thero. Mr. Wijayapala Mendis too found hault with Ranil.

UNP circles were disturbed at the criticism of their leader at the religious ceremony at Wijayapala Mendis’ residence.

The UNP group met at the Conference Hall No. 6 of the parliament. Mr. Wijayapala Mendis was present but unaware of the trouble that brewing among his partymen.

After dealing with the GMOA strike, Postal Corporation Bill etc. Mr. Tissa Attanayake said certain UNPers talked of a national government.

"The People’s Alliance Government has not invited us to form a national government. So why this talk about a national government when the UNP is on the eve of coming to power.

"What I feel is that this may be a ruse to stop the UNP from coming to power" he said.

The MPs present then looked towards Messrs. Wija-yapala Mendis and Dr. Sarath Amunugama.

After Rukman Senanayake and Abdul Cader spoke on the issue, Dr. Amunugama said "Diffe-rent groups of people in the country are talking of a national government. I have also participated with certain groups discussing this point. As a democratic party the UNP should also discuss this issue."

Wijayapala Mendis joining Dr. Amunugama said "There are such talks in different parts of the country. Even the President had declared publicly that she would invite the opposition to form a national government."

The other members shouted him down stating that the President had not said such a thing.

Mano Wijeratne and Premaratne Gunasekera stated that on the guise of holding a religious ceremony Wijayapala Mendis had allowed the present UNP leadership to be criticised.

Mr. Anura Bandaranaike said "It is useless talking about a national government. Nothing of that sort will happen until the next election."

The question here is not that. If anybody thinks that Ranil’s leadership is poor then I don’t agree with that. If there is a shortcoming in the leadership or the party there are democratic ways of criticising such shortcomings laid down in the Constitution. Instead of following such norms criticising the leadership at religious ceremonies is definitely wrong. I will give my wholehearted support to Ranil’s leadership to march forward," said Anura amid applause.

Anura further said "Mr. Wijayapala Mendis had stated that people like D. S. Senanayake and Dudley had not staged nude dances in foreign countries to collect funds and had attributed that to our leader. Actually it was I who organised this fund collection programme in America. Ranil is not responsible for any of that. It was MP John Amaratunga and I who were responsible for that.

At this point Wijayapala Mendis said "I have not made any allegations against the leader," amidst surprise of those present.

At this point Dr. Rajitha Senaratne proposed that the party should not participate in the Premadasa commemoration ceremony to be held at Sugathadasa Indoor Stadium. It was seconded by Mr. John Amaratunga.

Leader Ranil Wickremasinghe said no one would be allowed to break up the party and that anyone found guilty of such a charge would be chased out of the party.

Speaking on the formation of a national government Mr. Ranil Wickremasinghe stated that so far no one had invited the party to form such a national government.

Premadasa Commemoration
The Premadasa commemoration ceremony was held at the Sugathadasa Indoor Stadium presided by Hema Premadasa. No UNP members inclusive of Sajith Premadasa were present at this ceremony.

Messages of well-wishers had been sent by MPs Rukman Senanayake, Sarath Kongahage and UNP Working Committee member Prof. Stanley Kalpage.

Among those present were Muslim Congress leader, M. H. M. Ashraff, renowned film actor Gamini Fonseka, Colombo Municipality Opposition Leader, K. Ganeshalingam, H. R. Piyasiri, film actor Ravindra Randeniya and Shanthini Kongahage.

It was two days after the Premadasa commemoration ceremony that Sirisena Cooray met UNP MPs at the funeral of senior mediaman and author, Mervyn de Silva, and at the funeral of the aunt of Attorney-at-Law Hemantha Warnakulasuriya both connected to politics in different ways.

Imitiaz Bakeer Markar who was Deputy Minister when Sirisena Cooray held the portfolio of Minister of Housing was asked by Mr. Cooray did you obtain permission from your leader to attend this funeral.

  | NEWS | PROVINCIAL | EDITORIAL | DEFENCE | FEATURES | LEISURE | BUSINESS | SPORTS | ADS |