What compelled a Sri Lankan judge to resign?

Mullaitivu District Judge and Magistrate T. Saravanarajah has resigned from his posts and directed his letter of resignation to the Judicial Services Commission.

Multiple legal battles that made headlines in the recent past were taken up in court in the presence of Justice T. Saravanarajah.

The case filed over the Kurundi Viharaya, as well as the preliminary examinations over the discovery of human skeletal remains from Kokkuthuduwai, took place in the presence of Justice T. Saravanarajah.

Several local newspapers had reported on the resignation of Justice T. Saravanarajah.

According to the Daily Mirror, Mullaitivu District Judge T. Saravanarajah has tendered his resignation from his posts due to threats on his life and a lot of stress.

The Daily Mirror added that his resignation letter was sent to the secretary of the Judicial Services Commission on September 23.

The BBC Sinhala Service also reported that Justice T. Saravanarajah has tendered his resignation from his posts due to threats on his life and a lot of stress.

The BBC Sinhala Service had made an inquiry from Justice Minister Dr. Wijeyadasa Rajapakshe in this regard.

The Minister had told the BBC Sinhala Service that Mullaitivu District Judge and Magistrate was named as a respondent in five separate cases filed with the Court of Appeal.

The Minister had also noted that the Mullaitivu District Judge and Magistrate had voluntarily met with the Attorney General for advise, and had done so as he was named as a respondent in the those cases.

The Justice Minister had also told the BBC Sinhala Service that if there was a threat to his life, as a judge, the Mullaitivu District Judge and Magistrate had the ability and power to issue the necessary warrants.

The Justice Minister had told the BBC Sinhala Service that upon making inquiries over the resignation of the Mullaitivu District Judge, it was revealed that Justice T. Saravanarajah had visited Colombo a week ago, and sold his car, and also met with the ambassadors of two western countries.

Was the security detail provided to the judge reduced?

Police Spokesperson SSP Nihal Thalduwa said that the security provided to Mullaitivu District Judge and Magistrate T. Saravanarajah was never changed, and was maintained.

Justice T. Saravanarajah made headlines in recent months over the incident surrounding the Kurundi Viharaya.

What is this incident?

On the 4th of July 2023, Justice T. Saravanarajah engaged in an observation tour to the Kurundi Viharaya.

At the same time, a group accompanied MP Sarath Weerasekera to the premises.

Thereafter, on the 7th of July, the MP made a statement to Parliament criticising the conduct of the Magistrate.

Lawyers in the North and Easter engaged in a Harthal campaign on the 11th of July against the statements made by MP Weerasekera.

On the 25th of August, lawyers in the north and east once again protested against this statement.

Proposed Online Safety Bill an assault on freedom of expression – ICJ

The International Commission of Jurists (ICJ) states it is concerned that the newly proposed Online Safety legislation, if adopted in its present form, would serve to crush free expression and further contract an already shrinking civic space in Sri Lanka.

On 18 September 2023, the Ministry of Public Security gazetted a bill titled “Online Safety” intended to dramatically regulate the content of online communication, including by the general public.

Issuing a statement, the ICJ says it considers that several provisions of the bill would serve to undermine the exercise of human rights and fundamental freedoms in the country, including freedom of information and expression. Of particular concern are provisions related to the setting up, appointment and functions of an Online Safety Commission and other experts, the vague and overbroad wording of conduct designated as punishable offences and unnecessary and disproportionate punitive sanctions.

“While the spread of online hate-speech and disinformation need to be tackled, this bill is deeply flawed in its design and would be open to abuse by the Sri Lankan government, which has persistenty failed to uphold freedom of expression,” said Ian Seiderman, ICJ’s Legal and Policy Director. “It risks being used to suppress important public debate regarding the conduct of the government and matters of public policy,” he added.

The Bill would establish an “Online Safety Commission” that would act to: “prohibit online communication of certain statements of fact; prevent the use of online accounts and inauthentic online accounts for prohibited purposes; make provisions to identify and declare online locations used for prohibited purposes in Sri Lanka and to suppress the financing and other support of communication of false statements,” as well as other unspecified matters.

The Bar Association of Sri Lanka has called for the immediate withdrawal of the bill and for the adoption of a process of meaningful consultations with all relevant stakeholders prior to gazetting bills which ‘have a serious impact on the community at large.’

“The current draft fails to adhere to the principles of legitimacy, necessity and proportionality required for any State activity that restrict rights. It must be withdrawn or amended to be brought in line with Sri Lanka’s international human rights obligations guaranteeing freedom of expression, opinion, and information.” Seiderman added.

The ICJ considers that the Bill should not be evaluated in a vacuum, but instead must be read in conjunction with existing and proposed legislation that threaten human rights. Such laws include the extremely misused ICCPR Act of 2005, the Prevention of Terorrism Act (PTA), the Bureau of Rehabilitation Act, and the proposed Anti-Terrorism law which seeks to replace the PTA. This body of legislation, taken together, fosters a chilling effect on the exercise of fundamental freedoms restricting civil society while unduly expanding the reach of the security state.

Article 14 (1) (a) of the Sri Lankan Constitution gurantees the freedom of speech and expression. Article 19 of the International Covernant on Civil and Political Rights, to which Sri Lanka is a party, affirms the right to freedom of expression and opinion.

In July 2018, the UN Human Rights Council adopted by consensus a resolution affirming that “the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.”

British woman trapped in Sri Lanka for 13 months losing hope

A Brit trapped abroad in Sri Lanka after sharing videos of a civil uprising says she is ‘out of hope’ following 13 months hiding from the country’s oppressive Government.

Kayleigh Fraser, 35, had her home in the south Asian island nation raided in August last year by immigration officials who claimed that she was visiting the country on an invalid visa and seized her passport.

But St Andrews woman Ms Fraser, who was visiting the country to study botanical medicine, said this was only brought to her attention after she began sharing videos of the ‘Aragalaya’ (‘Struggle’ in Sinhalese) protests on her Instagram.

Sri Lanka’s supreme court upheld a deportation order issued by officials – but Ms Fraser says she is afraid to surrender to them amid fears that she will be unlawfully detained under the country’s notorious anti-terror laws, which allow individuals to be detained for causing ‘religious, racial, or communal disharmony’.

Later today, North East Fife MP Wendy Chamberlain will meet with Foreign Office officials in the hope of eking out written reassurances from the Sri Lankan government that Ms Fraser will be guaranteed safe passage out of the country.

Until such guarantees are given, Ms Fraser says she cannot come out of hiding.

Speaking to MailOnline, Ms Fraser said: ‘I’m just existing, surviving out here, waiting for something to change. I have no options at all and I’m practically out of hope.

‘Just ensuring I have somewhere to sleep and something to eat are the priority.

‘Internet is a luxury that I’m incredibly thankful to have had decent access to this past month or so.

‘I don’t recognise this as life – it’s existence. It feels like the entire world has abandoned me at the mercy of these madmen in power here.’

Sri Lankans rose up against their government in early 2022, amid spiralling inflation that saw food prices rise by more than 80 per cent. The country still contends with the aftermath of its 25-year civil war, which ended in 2009.

Citizens demanded the resignation of president Gotabaya Rajapaksa, who fled the country in mid-July last year. But his replacement, incumbent prime minister Ranil Wickremesinghe, then ordered a crackdown on civil resistance.

Protesters and media were attacked by police at a protest village in the capital city of Colombo days after Mr Wickremesinghe took power, and others have been arrested without charge under the country’s oppressive Prevention of Terrorism Act.

Amnesty International, along with other human rights groups, have accused the Sri Lankan government of engaging in ‘the harassment and intimidation by state agencies of conflict-affected people, human rights defenders and activists’.

And two weeks later, Ms Fraser’s home in Malabe, a suburb of Colombo, was raided by immigration officials, plunging her into a year of hiding underground, with a trusted network of friends and supporters keeping her safe.

Attempts to discuss the case with the British High Commission in the capital have, she claims, been fraught with issues.

Officials are understood to have told her that they have no further options because she refuses to surrender to the country’s immigration authorities.

But she fears being arbitrarily detained or being charged with a litany of false crimes in order to make an example of her for speaking up.

Nihal Thalduwa, a spokesperson for the Sri Lankan police, told national newspaper The Morning last year that Ms Fraser had been sharing ‘negative content’ on her Instagram.

He said: ‘It is not right for a foreign national to be in our country and share such mass negative content. She is not a journalist either, to be covering the protests.’

Ms Fraser added: ‘I need some kind of assured safe passage via the UK government and their physical presence and assistance to get safely on a plane and off this island.

‘I spoke up for people who were being horrendously abused by those who were entrusted to look after them. So why do I sit here rotting?’

For over a year, human rights lawyer Nagananda Kodituwakku has been fighting Ms Fraser’s case in the courts, seeking the overturning of the deportation order and the return of her passport.

This week, he discussed the case with North East Fife MP Wendy Chamberlain ahead of her meeting with Foreign Office officials.

Mr Kodituwakku told MailOnline: ‘Sri Lanka is a pseudo-democracy where nobody respects the sovereignty of the people and the rule of law.

‘Kayleigh is an upright British national who was very much concerned with the blatant right violations. She used her social media pages to highlight these cases and brought them to the attention of the international community.

‘And she was branded as a foreigner who brought the government of Sri Lanka into disrepute and was issued with an unjustified and unlawful deportation order denying her any right to defend herself.’

Lib Dem MP Ms Chamberlain said: ‘It is clear that Kayleigh wants to come home and I’m working with the Foreign Office to make that happen.

”What I’m seeking is a reassurance from Sri Lankan authorities that she will be able to leave forthwith.

‘The British High Commission has been supporting her for some time but her anxieties, her experiences with Sri Lankan authorities mean her trust is very low.

‘The Foreign Office has said they have had assurances verbally that she will be safe but we want to get them in writing. It’s a distressing time so just getting that clarity will help her get what she wants to happen.’

A Foreign, Commonwealth and Development Office spokesperson said: ‘We are providing assistance to a British woman in Sri Lanka and are in contact with the local authorities.’

MailOnline has contacted Sri Lanka’s Department of Immigration and Emigration for comment.

Sri Lanka says it is making progress on human rights, but observers including the United Nations Human Rights Office say the country’s treatment of its citizens is far from where it needs to be.

Volker Türk, UN High Commissioner for Human Rights, said earlier this month: ‘More than a year ago mass protests demanded better governance and an inclusive vision for Sri Lanka – in short, a renewal of the social contract.

‘But the potential for a historic transformation that would address long-standing challenges is far from being realised.’

(MailOnline)

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China’s salami-slicing tactics a matter of concern: Japanese scholar

eading Japanese scholar Prof. JIMBO Ken who has specialised in international relations was in Sri Lanka recently and shared his views in an interview with Daily Mirror on topics related to geopolitics and Sri Lanka’s strategic positioning. JIMBO Ken is a Professor at the Faculty of Policy Management, Keio University. He served as a Special Advisor to the Minister of Defence, Japan Ministry of Defence (2020) and a Senior Advisor, to the National Security Secretariat (2018-20). His main research fields are in International Security, Japan-US Security Relations, Japanese Foreign and Defence Policy, Multilateral Security in Asia-Pacific, and Regionalism in East Asia. Excerpts:

Q When you say free and open Indo-Pacific, does it mean adherence to UNCLOS (UN Convention on the Law of the Sea) or a set of laws more than that?

Well, among those different versions and perspectives of the Indo-Pacific strategy, what the Japanese government is trying to promote is the ‘inclusive’ approach as reiterated by Prime Minister Fumio Kishida’s speech in India on March 20. Tokyo embraces the diversity of the Indo-Pacific region and has different political systems, levels of economic development, styles of governance, and different sets of foreign relations. In this context, you cannot have a one-fits-all type of Indo-Pacific strategy because, if you define it as such, many countries in the region will say, it is your strategy, not mine. The Indo-Pacific strategy will only succeed if everybody in the region can claim the copyright of this concept.
The common denominator for the Indo-Pacific should be accommodative to the rule-based international order based on a peaceful, prosperous, fair and accountable regional system. For example, from a private sector perspective, the business environment needs peace, rules and fair treatment for promising investment returns.

Q There are ship visits from the United States, India and Japan to Sri Lanka. Whenever there is a port of call by a research vessel from China, it triggers concerns. Is that a matter of concern for Japan?

I am sure that the Sri Lankan government and the people of Sri Lanka began to understand the risk. It is a matter of concern. If China makes the port call by the investigation vessels, there will be a high chance that requests by PLA naval vessels to follow. It can be called salami-slicing tactics. If they succeed in one step, they will take another step. Once such visits become frequent, Hambantota port can be seen that the Chinese PLA has access with special privileges. I am afraid that these sequences will eventually strain the flexibility of Sri Lanka’s diplomacy.

That really triggers the concerns of India and those countries about whether Sri Lanka will be targeted as a vulnerable point of Chinese influence. Also, that could be a baseline for the more prominent Chinese access space in the Indian Ocean.
How Singapore handled the Changi Naval Base will be a useful reference to Sri Lanka. While Singapore allowed base access to the U.S. Navy for its logistic support, Singapore also allowed other players including China to visit during the joint training and exercise. Such a balanced way of engagement may be the key to mitigating concerns.

Q You mentioned this inclusiveness which Japan advocates at the moment. So when it comes to this region, does Japan have common interests with other powers?

Although every country has a different version of the Indo-Pacific strategy you can still find a common perspective. For example, securing sea lanes of communications and maritime safety should be regarded as a common ground for every nation. Creating an attractive business environment through infrastructure finance also benefits all. But you can also find the huge differences. If you look at Washington’s Indo-Pacific strategy, you can find more competitiveness – how to compete with China by employing military and economic means.
Japan, on the other hand, is pursuing more cooperation and collaboration as a key of the Indo-Pacific plan. This is why we are focusing more on economic connectivity, capacity building, green economy promotions, infrastructure investments and project financing which is transparent and accountable. One can find the competitive approach vis-a-vis China’s Belt and Road Initiative (BRI) processes. As far as I observe, Japan intends to offer more options and alternatives for those who wish to be engaged.

Q There are some experts who advocate trilateral cooperation involving Japan, India, and Sri Lanka. What is your perspective about it?

Japan-India-Sri Lanka trilateral cooperation is a concept that has not been fully exploited. Of course, Sri Lanka has historical baggage with India and is facing another concern — India becoming a regional hegemon. Sri Lanka may have growing concern over India’s confidence in looking at a more hierarchical picture in the region. If Japan could be involved in the triangular relationship, it can mitigate, or somewhat be the arbitrator in terms of what kind of project financing to be addressed. I think if Japan can play such a role, we are happy to facilitate that.

Q In the Japanese Prime Minister’s policy on free and Indo-Pacific, actually, how will Sri Lanka feature in that whole aspect?

Sri Lanka is strategically very important for Japan. On the snapshot, the country is still undergoing a recovery process from sovereign default in 2022. However, Sri Lanka has a huge potential for regional growth in the medium term. In addition, the wider SAARC region led by robust economic growth in India has become increasingly important. Japan has every reason to robustly engage Sri Lanka and the wider region.

And at the same time, we are maritime nations. The Japanese Self-Defence Force has been looking at Sri Lanka as a very important access point. Our maritime operation in the Middle East is predominantly the anti-piracy operation in the Bay of Aden through the Combined Task Force, CT-151 in Bahrain. Sri Lanka is always the place where we definitely need stable access. It is a good reason for the Japan-Sri Lanka military-to-military cooperation to take place much further. We can jointly promote capacities for maritime patrol and maritime safety off the Coast of Sri Lanka.

Q Professor, you mentioned that Japan can play the role of a moderator when India tries to play a kind of a hierarchical role in this region. Now, Sri Lanka and India are going to implement a lot of connectivity projects. How can Japan also contribute to this whole process?

Connectivity is the key to promoting economic interdependence. Tokyo’s “New Plan” for the Indo-Pacific involves engagement in South Asia through the Bay of Bengal Industrial Growth Belt and Northeast Road Network. These projects are expected to promote more connectivity between Bangladesh and Northeast India. Such projects will offer investment opportunities plus bringing in confidence in managing bilateral relations.
In the process of Sri Lanka’s debt recovery, there will be more opportunities to resume infrastructure finance in Sri Lanka and some will be pursued in collaboration with India.

Q What kind of a bearing will G7 and G20 summits have on the global South?

The Global South is spotlighted, once again, as an important concept in our lives. The Russian invasion of Ukraine has deeply tied the coalition among Western countries but divided the world even greater. The West is determined to make Putin’s decision to start this war a historical mistake. They supported Ukraine’s defence as well as imposed economic sanctions against Russia.

In the UN voting, there were 141 countries who voted against the Russian invasion. There was wider consensus over condemning Russia for its invasion. But for the next step, whether they were willing to join in the economic sanction, only 38 countries joined. They are looking at the much more practical way because they are much more concerned about their own domestic issues, supply chain, food and energy, inflation etc. Many countries did not dare to sacrifice their economy to join in the sanctions.

There have been certain shocks among G7 states about where they are in today’s world. The world is not supporting G7 in the full sense. From the Global South perspective, the North is not treating in a manner that is compassionate to the South. People in the South often talk about the double standards and hypocrisies of the North.
The Japanese government is considerably conscious of this divide. Prime Minister Kishida’s statements and our principle is that our mission is definitely trying to be in line with those international principles and rule-based international order. So we are fully aligned with the West in this regard. But at the same time, we are also taking robust steps to how we can really mitigate the world divide in the promotion of specific measures and proposals.

And that involves the Indo-Pacific strategy. Kishida’s new plan in March didn’t mention much about how to counter China. They mentioned much about the inclusiveness and they came up with the 51 plans without any strings attached, which means that it’s like a ‘Bazaar Diplomacy’. There are so many items that Japan can offer and you can pick and choose what Japan is trying to promote. This is a seemingly strategy-less approach without strings attached. However, as far as I interpret it, the Japanese intention is to connect diverse interests in the region to be mutually promoted in order to mitigate the divide in the Indo-Pacific.

Kurundi coexistence proposal: Asgiri Chapter says move shouldn’t create ethnic tensions

The Asgiri Chapter of the Siam Sect yesterday (28) said that it is the responsibility of the Government to take decisions which do not create unnecessary tensions between ethnic groups in its effort to protect archaeological sites in the Northern and Eastern provinces.

A proposal has reportedly been made by the Buddhasasana, Religious, and Cultural Affairs Ministry to allocate three acres outside the Kurundi archaeological site for the purpose of building a Buddhist temple, a Hindu Kovil, and to make such available for public use. The proposal has been made by the Secretary to the Ministry during a recent meeting of the Parliamentary Sectoral Oversight Committee on Religious Affairs and Coexistence.

Speaking to The Daily Morning yesterday, Supreme Sangha Council – Asgiri Maha Viharaya Secretary Ven. Dr. Medagama Dhammananda Thera said that a decision has not been taken so far since the proposal was made very recently, but that it is the responsibility of the Government to make the most suitable decision in the end, which should not lead to tension between ethnic groups.

He added that the Kurundi Viharaya has already been identified as a Buddhist archaeological site even by the Archaeology Department and that therefore, the Government should pay special attention to that factor when making decisions in this regard. He noted that the most important thing is maintaining the coexistence between the different religious and ethnic groups and that therefore, the department should look into the issue very carefully and in a sensitive manner.

Speaking further, he said that both the Asgiri and Malwathu Chapters of the said sect have raised these concerns to the President and the Government on several occasions as the latter have the authority to take the best decision.

Several attempts to contact the Malwathu Viharaya proved futile.

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Why does China court Sri Lankan MPs more than others?

China, more than any other country in the region or elsewhere, offers exchange programmes to the parliamentarians from Sri Lanka.

In the previous Parliament, all 225 members were offered chances to undertake familiarisation tours to China and to engage with the Communist Party of China (CPC) as part of its international engagement. A fair number of MPs from the current Parliament has also travelled to China currently, and more programmes are likely to take place accommodating the rest in the near future. These programmes also include politicians who are not MPs. If not for the Covid-19 pandemic, most would have already visited China. A group of MPs are also in China at the moment.

China, as a rising power with its economic, technological and scientific marvels, has accelerated its international engagements. Sri Lanka, given its strategic pivot in the Indian Ocean, remains key to China’s interests. In one aspect, China wants to showcase its potential to the world and goes by its proverb ‘seeing once is better than hearing a hundred times’. It is a country naturally inclined to present its case to the world in such a manner. The MPs are the ones who matter most in policy formulation and implementation and decision making. Engagement with them is fundamental as a result.

In recent years, particularly after 2015, the CPC has widened its reach across the political spectrum of Sri Lanka. Instead of dealing with the party in power only, it has now begun to promote party to party ties with all. The ruling Sri Lanka Podujana Peramuna (SLPP) is used to have ties with the CPC in a major way. In fact, MP Namal Rajapaksa, the son of former President Mahinda Rajapaksa, heads Sri Lanka – China Parliamentary Friendship Association. He also led parliamentary delegations to China in recent times.

Before 2015, the Mahinda Rajapaksa government fostered ties with China which financed main infrastructure projects in Sri Lanka. Sri Lanka signed up for China’s ambitious Belt and Road Initiative (BRI) project doing his time only. Chinese President Xi Jin ping visited Sri Lanka in 2014 and laid the foundation stone for the Colombo Port City. Given such enhanced connectivity, the political opposition even criticized China for what they called ‘a patron of the Rajapaksas’.

Now, China has developed connections with all the mainstream parties. In fact, the Chinese embassy made a cash donation to the charity project being carried out by Opposition Leader Sajith Premadasa.

Such an approach is conceivable from the CPC point of view. In a multi-party democracy like Sri Lanka, it is conceivable that the opposition will get back to power at one point. Even-handed approach with all across the political divide matters in that context. Therefore, China is reaching out to all in Parliament without confining its relationship to the party in power only.

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Bar Association of Sri Lanka calls on government to immediately withdraw Anti-Terrorism Bill and Online Safety Bill

The Bar Council of the Bar Association of Sri Lanka (BASL) has called on the government to immediately withdraw the Anti-Terrorism Bill and the Online Safety Bill which were published in the Gazettes issued on 15th and 18th September respectively.

Issuing a statement on Saturday, the BASL called on the government not to proceed with the said Bills as they seriously impinge on the liberty and freedom of the people and will have a serious impact on democracy and the rule of law in the country.

Following is the full statement of the BASL:

The Bar Council of the Bar Association of Sri Lanka (BASL) calls upon the Government to immediately withdraw the Anti-Terrorism Bill and the Online Safety Bill which were published in the Gazettes issued on 15th and 18th September respectively, and not to proceed with the said Bills.

At a meeting of the Bar Council held today, it was unanimously resolved that both Bills seriously impinge on the liberty and freedom of the people and will have a serious impact on democracy and the rule of law in the country.

It is observed that both Bills have been introduced without due consultation with the stakeholders including the BASL. Further, the BASL’s observations on the previous version of the Anti-Terrorism Bill have also not been considered.

The BASL calls upon the government to have a meaningful consultation with the relevant stakeholders including the BASL and to take into consideration their concerns prior to proceeding to Gazette such Bills, which have a serious impact on the community at large.

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Nation Building is Possible with Full Implementation of 13th Amendment Part 1

Sri Lanka, a multi-ethnic and multi-religious country, has been facing multiple and endless crises for decades. Effective solutions must be found to resolve the political, economic, cultural and relationship issues between the majority and minority groups that have stifled the country’s progress since independence 75 years ago. A fresh look at the failed unitary government and curtailing the powers of the unaccountable executive presidency is essential if the country’s future is to be changed for the better. Devolution of powers to the regions and better checks and balances between the executive, judiciary, and parliament are indispensable.

It is in this broader perspective that this article should be viewed. The class-based issues that fuel the national question will not be addressed here. Suffice it to say that under neo-liberalism, differences in plural societies are exploited to sustain authoritarian capitalist governance systems that are beset with crises.

Nation building

Nation building is an evolutionary and long-term course of action. It needs to evolve and grow through a consensual internal political process; external intervention will not have much positive impact. Institutions that advocate and protect the fundamental rights of all communities, and citizens’ willingness to maintain harmonious co-existence are crucial for achieving socioeconomic prosperity and equitable society. This requires equitable access to education, jobs, housing and health, among others, for the empowerment of all peoples of a country.

For nation building to be successful, we need to recognize the importance of democratic values within the civic sphere that will develop and sustain it in the long run, as opposed to just emphasizing economic development and state building. There is no room for an ethnocentric approach or imposition of policies and practices by coercive means. The reality is we hear merely meaningless platitudes from the political elite who have very little understanding of this critical need.

Decentralization

Decentralization is increasingly seen as a basic principle of democracy. A system of good governance needs people to have the ability to elect their own leaders and representatives to institutions that wield real power to respond to people’s needs. Political decentralization plays an important role in addressing the democratic deficit in centralized decision making. Grassroots movements championing more empowered local and regional governments have emerged. This is not surprising as an overweening central power has repeatedly failed to meet the needs of the people as attested by the current economic crisis.

Greater participation is assumed to lead to better informed decision-making that are more relevant to the plural societies like Sri Lanka. With political decentralization, citizens will come to better know their representatives and in turn their representatives will be more cognisant of the needs and desires of their electorates. Decentralization transfers responsibility for planning, financing and managing certain public duties from the centre and its agencies to regional ones, thus making it more local and accountable. This can be achieved by de-concentration, delegation, and devolution of authority with each of these having their own characteristics.

It should be noted that centralization and decentralization do not need to be an “either-or” scenario. Practical examples around the globe have demonstrated that an appropriate balance of centralization and decentralization can ensure effective and efficient government service delivery. Centres can play a crucial role in promoting and sustaining decentralization efforts. This can be done by developing proper and effective national policies and regulations needed for decentralization, thus creating the necessary enabling environments that allow regional, provincial, and local units to take on more responsibilities for undertaking new functions.

As a whole, genuine efforts at decentralization can cut cumbersome bureaucratic red tape. It can make local and national public servants more sensitive to local conditions and needs. It allows political representation of diverse political, ethnic, religious, and cultural groups in plural societies in decision-making processes, thus contributing to better political stability and national unity. A growing number of countries have adopted federal systems, decentralizing some elements of government responsibility from the centre down to local government as a means of giving different ethnic and regional groups some autonomy and control over their destiny.

The two insurrections in the south and the three decade long armed conflict in the north and east are examples of the fact that if people are excluded from sharing political power, they are more likely to challenge the legitimacy of the existing system. Federalism or devolution is a means of sharing power among diverse political entities irrespective of their ethnic or regional ties. Democracy will survive better if successes and burdens are shared fairly and equitably.

Sri Lanka’s current political system is based on a winner take all system, where one political party or group monopolises all the privileges and economic benefits. Devolution in contrast allows different ethnic and regional groups the ability to determine their own affairs, thus making them feel more secure. They may gain more confidence in, and commitment to the system, and a general sense that the system is fair and inclusive. Several studies show that decentralization can be instrumental in facilitating development and democratic governance, particularly in multi-ethnic societies. And various forms of decentralization are being successfully used around the world.

Devolution

Historically, governments in Sri Lanka have tended to centralize all powers. Yet, the late 20th century witnessed an increasing global tendency to reduce central governmental power, by devolving power to the peripheral governing bodies such as state, regional, provincial and/or local bodies. Many countries in Europe, Asia, Africa and Latin America have adopted diverse devolutionary measures to empower their plural communities. France in the 1980s and the United Kingdom in the late 1990s are the most appropriate examples. France was one of the most centralised states. All major decisions of the regions, departments, and communes, from annual budgets to naming streets and schools, had to be authorized by the central government. Due to the pressure the peripheries exerted on the central government, the François Mitterrand administration (1981-95) removed most of the authorisations needed in policy making matters.

In the UK devolution became a major political issue in the early 1970s, as Scotland and Wales demanded greater control over their own affairs. A referendum was held in 1979 to determine the people’s will for devolution. It needed the electorate to approve it with a two-fifths majority, but voters in Wales and Scotland rejected it. However, in 1999, under Tony Blair’s regime, power was devolved, Scotland had a parliament, and later Wales a Welsh Assembly. The Good Friday Agreement of 1998 provided Northern Ireland with its own parliament.

In Sri Lanka, proponents of devolution have been demanding clearly defined powers that the Provinces can wield. During the constitutional reform process under the previous regime led by President Maithripala Sirisena and Prime Minister Ranil Wickremasinghe, the Chief Ministers of the seven “southern” provinces asked for proper devolution as envisaged under the 13thAmendment. However, nothing came to fruition.

Source:Groundviews

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Saga of the takeover of Kandy seen through British eyes By P.K.Balachandran/Daily Mirror

Events leading to the controversial takeover of the Kandyan kingdom by the British in 1815 and the aftermath have been written about both from the British and the Sri Lankan viewpoint. The British view is vividly presented in Ceylon Ancient and Modern published by Chapman and Hall of London in 1876. It is authored by an anonymous former officer of the Ceylon Rifles.

In 1798, the Prime Minister of the Kandyan kingdom, Pilimatalavuva Maha Adikaram (or Pilame as he is referred to in the book) had placed on the throne of Kandy, Sri Wickrama Rajasinha, the 18-year-old nephew of the wife of the deposed King Rajadhi Rajasinha. Pilame wanted to rule Kandy and replace the “Naicker dynasty” by an indigenous “Sinhalese” dynasty with the help of the British, who had replaced the Dutch as the European power in Ceylon in 1796.

When Pilame conveyed his plan to Governor Fredrick North, the latter got excited at the prospect of turning Kandy into a British Protectorate. Kandy had been doggedly defying European attempts to subdue or absorb it. But North disapproved Pilame’s proposal for a British attack on Kandy to put his puppet Mootoo Samey (Muthu Swamy) on the throne. North said he would not object if Pilame himself removed Wickrama Rajasinha, and yet he wanted to protect the king! “The troops’ presence in Kandy will be the only means of preserving the poor man’s life and dignity, which otherwise will be sacrificed to the ambition of his minister,” North wrote.

He also wanted Wickrama Rajasinha to formally agree to the stationing of British troops. And to talk about this, he sent Maj.Gen. Hay MacDowell backed by 2500 troops. But MacDowell was made to wait inordinately for an audience and had to kneel before the King. The annoyed General returned to Colombo. But Pilame would not give up. In 1802, to force the British to take punitive action against the king, he relieved some Moor merchants from the coast of their property and put the blame on the king. Gen.MacDowell proceeded to Kandy on a punitive mission. Wickrama Rajasinha fled but not before setting Kandy on fire. Pilame put Mootoo Samey on the throne and MacDowell left for Colombo leaving a small contingent of troops in Kandy under Major Davie. But the doughty Kandyans put back Wickrema Rajasinha on the throne.

Thus thwarted, Pilame planned to kidnap Governor North during the talks they had at Dambedenia and also attack British garrisons. The timely arrival of Malay troops put paid to his plans. Nevertheless, Kandyans attacked the British troops, most of whom were too sick to fight. Maj. Davie surrendered Mootoo Samey and also his arms. The Kandyans “massacred” all but Davie and Corporal Barnsley, who escaped. The massacre sparked calls for revenge. But North’s plan to send the troops to Kandy did not fructify as the Madras Governor could not send the 3000 men he sought.

Commenting on the misadventure, the author of the book says: “The great fault of all those engaged in this terribly ill-managed Kandyan affair was placing any reliance on the word of an Asiatic, or entering into any negotiations or conventions with them, in which Europeans are sure to be foiled by their superior finesse and want of faith. In dealing with these people there is only one policy to be adopted, a bold, straightforward one, with a firm reliance on one’ own right arm and a good display of physical force –the only argument they understand, or at least are likely to attend to.”

When North took up the massacres with Wickrama Rajasinha, the latter blamed Pilame from whom, he said, he had long since withdrawn his confidence. North suspected that the king was being dismissive and dodgy because he was expecting assistance from the French Adm. Alexandre Durand Linois, who was harassing British shipping in the Indian Ocean.

“Continually disturbed by the plots and insurrections by his chiefs,” Wickrema Rajasinha became a “sanguinary despot.” The crafty Pilame was found plotting to assassinate the king, who beheaded him in 1812. Pilame was succeeded as Adigar by his nephew Eheylapola (Ahalepola). But Eheylapola had inherited his uncle’s disposition for plotting and secretly tried to get Governor Robert Brownrigg’s aid for dethroning Wickrama Rajasinghe and assuming power himself. Brownrigg declined to help.

Meanwhile, the king had discovered Eheylapola’s conspiracy. Eheylapola fled to Colombo. But “the tyrant (Wickrama Rajasinha) wreaked his vengeance on his (Eheleypola’s) wife and family and everyone within his reach. The place of execution in Kandy flowed with blood and the neighbourhood echoed with the shrieks of the victims. Eheylapola’s wife and four children and his brother and wife were either beheaded or drowned, and the mothers were compelled, under the dread of being disgracefully tortured, to pound the decapitated heads of their children in a paddy pounder.”

As a consequence of this outrage, war was proclaimed against Wickrama Rajasinha in January 1815. In a few weeks, Kandy was again in the possession of the British, thanks to the defection of the king’s General Mollegodde ( Molligoda) and the gang up the principal chiefs against the king. The king, who was hiding, was found out by Aheylapola’s men and handed over to the British. Upon capture, a remorseful Wickrama Rajasinha told the British: “Your English governors have one advantage over us kings. They have counsellors near them who never allow them to do anything in passion. But unfortunately for us the offender is dead before our resentment has subsided!”

In the eyes of the British, Wickrama Rajasinha was “not unprepossessing in appearance, except when he was excited, when his eyes gleamed with the fire of a demon, and his face assumed an air or malignant cruelty.”

In March 1815, the Kandyan Convention, by which the kingdom was handed over to the British by the chiefs, was signed. The chiefs were guaranteed their ancient privileges and powers, the impartial administration of justice and the maintenance and protection of Buddhism. However, according to eye witness Dr Marshall, “both the chiefs and the people began to show signs of impatience and openly wished for the departure of the British from Kandy inquiring when they intended to leave the country.”

One of the Kandyans told Marshall: “ You have deposed the king and now nothing more is required. You may leave us now.”

“They showed no dislike to us individually, but as a nation, they abhorred us; they made no complaint of misrule or oppression, simply wishing we should leave the country,” Marshalls adds.

These feelings broke out into an open revolt in 1817, secretly fomented by Eheleypola, “the professed friend of England”. By 1818, the revolt had spread like wildfire. A monk was made a claimant to the Kandy thrown and the tooth relic was taken out from the temple at Kandy and “shown to the people to arouse their fanatical enthusiasm.”

In the 10-month desultory 1880 war, 1000 Indian soldiers fighting in the British army died, which was one-fifth of the entire force deployed.

“The Kandyans never met their enemies openly, gave quarter or showed any mercy to those who fell into their hands, and the army imagined they would eventually be obliged to evacuate the country and fight their way out,” an observer said.

Eventually, the Kandyans submitted due to the destruction of their villages, cattle and crops and the loss of nearly 10,000 people due to famine, fever and war. Disunion had also emerged among the rebellious chiefs. Some submitted and others were executed. Peace was restored after the “accidentally discovered” Tooth Relic (Dalada) was reinstalled at its rightful place in Kandy.

Warning issued over possible bid to postpone presidential election

Civil society activist Sirithunga Jayasuriya Tuesday (26) said that those genuinely concerned about political strategies of the Wickremesinghe-Rajapaksa government should be wary of possible moves to put off the presidential election scheduled for next year.

Pointing out that both Provincial Councils and Local Government polls hadn’t been held in violation of the supreme law of the land, Jayasuriya asserted that the possibility of the government resorting to delaying tactics couldn’t be ruled out.

Jayasuriya said so at a meeting called by PAFFREL at Mandarina Hotel, on Galle Road, to discuss how political parties, represented in Parliament, and outside, could be encouraged to take the process of releasing manifestos seriously instead of deceiving the electorate.

Recently, UNP Chairman Wajira Abeywardena, MP, suggested that the presidential election should be put off as it could undermine ongoing economic recovery measures.

The veteran political activist told the Opposition not to be so sure the Constitution would be a hindrance to the government strategy. Jayasuriya didn’t mince his words when he explained how major political parties brazenly used manifestos to deceive the gullible.

At the onset of the programme, Executive Director of PAFFREL Rohana Hettiarachchi explained how Sri Lanka could benefit from similar exercises in other countries. Several parliamentarians, including Mano Ganesan (SJB), Buddhika Pathirana (SJB), Prof. Charitha Herath (SLPP rebel group) and Tissa Attanayake (SJB) participated in the programme.

One-time head of Election Commission and Chairman of the Delimitation Committee Mahinda Deshapriya was among the invitees. Polls monitoring groups, civil society and the media, too, were represented. The gathering was told how over the years political parties cleverly used election manifestos as a propaganda tool meant to influence the electorate.

National List lawmaker Tissa Attanayake maintained that an SLPP assurance made in the run-up to the last presidential election contributed to the ruination of the national economy that led to the declaration of bankruptcy in April last year.

The former UNP General Secretary quoted the Finance Secretary as having told a parliamentary watchdog committee as the Finance Ministry announced the abolition of a slew of taxes in Nov. 2019 that it was in line with one of the SLPP manifesto pledges. MP Attanayake said that political parties should pay attention to the practicability of proposals made in their respective manifestos.

PAFFREL Chief Hettiarachchi as well as some members of the audience suggested that the Parliamentary Budget Office could play a vital role in clearing proposals made with an eye on the electorate. The Parliament recently endorsed the setting up of the Budget Office meant to clear programmes or action plans submitted by political parties ahead of elections.

Prof. Herath strongly opposed the concept of a Budget Office which the rebel MP claimed was meant to ensure manifestos of all political parties adhered to the thinking of powers that be. One-time Media Ministry Secretary emphasized that this was fundamentally wrong and could cause irreparable damage to the political party system. Prof. Herath said that proposals made by political parties could be simply rejected for want of the approval of the Budget Office. The MP declared that this sort of strategy was counterproductive and had no practice in any part of the world. In fact, lawmakers wouldn’t be in charge of this project, MP Herath said, adding that officials were to decide the practicability of proposals made by political parties.

Prof. Herath said that some propagated the idea that politicians didn’t know anything, but the civil society was much more knowledgeable. Acknowledging the shortcomings and the failures on the part of politicians, Prof. Herath said that there were serious issues at projects run by the civil society and other non-governmental enterprises. The MP cited Sri Lanka Cricket to highlight the growing crisis the non-state sector experienced and serious flaws in the accounting process in civil society projects. “Their balance sheets are not properly scrutinized,” the former COPE (Committee on Public Enterprises) Chairman said.

Prof. Herath alleged that the Budget Office was part of a flawed political strategy. If the Budget Office was in place now President Ranil Wickremesinghe couldn’t have done anything, MP Herath said, asserting that political projects should receive endorsement by the people not that of an Office manned by officials. The SLPP rebel spokesman questioned the validity of the Budget Office though Parliament approved it.

MP Herath stressed that democracy couldn’t be sustained only by conducting elections. According to Prof. Herath, the Budget Office was meant to control political parties that didn’t fall in line with their thinking. Their position with regard to proposals made by political parties could unduly influence the electorate, Prof. Herath alleged.

The gathering was also told that instead of new proposals political parties represented in Parliament and outside and other interested parties, including the civil society should press the powers that be to adhere to the Constitution. Instability caused by taking over of political parties through corrupt means and elected and appointed MPs switching sides particularly for personal rewards et al and deterioration of public faith in the executive, legislature and judiciary undermined the very basis of democracy, the group was told. Reference was made to the formation of the Samagi Jana Balawegaya (SJB) in early 2020 and two members elected from that party forming their own political outfits.

Another issue that received attention was the circumstances of cases pending against sitting lawmakers as well as ex-MPs in certain instances had dragged on for years. The recent imposition of five-year jail term on Senior DIG Lalith Jayasinghe for interfering in the 2015 Kahawatta politics related killing probe against the backdrop of the main accused Premalal Jayasekera (SLPP, Ratnapura) being a State Minister underscored the need for reexamination of the political scene.

Their attention was also drawn to controversial arrangements that threatened the electoral process. The case of three presidential candidates contesting 2010, 2015 and 2019 polls under the symbol of a party that never had an elected member at any level underscored the need to examine the entire setup, the gathering was told.