Committee to probe if political parties named on racial, religious basis

The Elections Commission has decided to appoint a five-member committee headed by an Additional Elections Commissioner to look into and report whether registered political parties had been named on religious or racial basis.

The decision was taken at the meeting of the Elections Commission held yesterday.

The Committee will also look into whether the constitutions of the registered recognized political parties include clauses related to religious or racial matters.

The Chairman and the Secretary of the Elections Commission and another member of the Commission are expected to supervise the task of the committee.

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Rupee hits new record low against USD

The Sri Lanka Rupee hit a new record low against the US Dollar today.

The Central Bank of Sri Lanka (CBSL) said the selling rate of the US Dollar closed at Rs. 202.04 today.

Meanwhile, the buying rate of the US Dollar stood at Rs. 197.62 for the day.

According to CBSL data, the Rupee has seen a continuous depreciation against the US Dollar over the last few weeks.

China gifts 600,000 doses of Sinopharm jab to Sri Lanka; Chinese workers first in line

Sri Lanka received 600,000 doses of the Chinese donated Sinopharm vaccine today, some of which will be used to vaccinate Chinese nationals employed in the country starting next week, an official said.

Chief Epidemiologist Dr Sudath Samaraweera told EconomyNext that the consignment has been transported from the Bandaranaike International Airport (BIA) to the health ministry’s central storage facilities.

“As per the Chinese government’s request, we will first vaccinate Chinese workers in Sri Lanka, most likely starting next week,” he said.

However, said Samaraweera, the exact number of the Chinese nationals working in the island cannot be determined at the moment.

On March 20, the National Medicine Regulatory Authority (NMRA) approved a decision to bring the donated vaccine into the country and to immunise Chinese nationals with it, though the regulatory body has yet to authorise it for use on Sri Lankan citizens. The World Health Organisation (WHO), too, has yet to approve the jab for emergency use.

In an earlier interview Chief Executive Officer of NMRA doctor Kamal Jayasinghe said around 30,000 Chinese workers have requested vaccination in Sri Lanka.

Co-cabinet spokesman Minister Ramesh Pathirana said yesterday that pending WHO approval for emergency use, the health ministry will use the remaining doses of the donated Sinopharm vaccine to immunise the general public.

“The NMRA only gave approval to vaccinate Chinese workers in Sri Lanka with this vaccine,” Pathirana told reporters at the weekly cabinet press briefing yesterday. The minister did not explain how long the health ministry intends to store the vials until WHO approves the jab.

Meanwhile, the Association of Medical Specialists (AMS) issuing a statement yesterday said, according to the NMRA report published on March 17, due to the insufficient data provided to make a decision about the safety, efficacy and immunogenicity of the Sinopharm vaccine it was decided to not to approve the vaccine for emergency use in Sri Lanka under the present circumstances.

“Despite this clear recommendation of a properly-constituted independent expert advisory panel, we are concerned about reports that a newly reconstituted Board of the NMRA appears to have taken an unprecedented step to disregard the expert panel opinion and allowed the import of the said vaccine to be used in Sri Lankans [sic],” President of the AMS Doctor Lalantha Ranasinghe said in the statement.

“We also note with great anxiety and dismay of certain arbitrary appointments and removals being made to the Board of NMRA. We strongly believe such moves as an attempt to undermine the scientific basis of vaccine approval and hence it’s safety, efficacy and acceptance by the general public,” he added.

Dr Ranasinghe was referring to a controversial removal of NMRA board members over the vaccine issue.

Pathirana, meanwhile, claimed that WHO approval has delayed due to a translation issue.

“It is said some translation issue has occurred since all data documents are in Chinese. As soon as they translate it to English and give their approval, it will be possible to administer the Sinopharm vaccine to Sri Lankans as well,” he said.

Pathirana’s remark about translation issues could not be independently verified, but a perusal of WHO documents showed that the Chinese vaccine may be approved for emergency use in early April.

“We will look for the most eligible community to receive the jab and will take necessary steps to vaccinate them,” Smaraweera told EconomyNext yesterday.

He noted, however, that NMRA approval for emergency use of the vaccine will need to be obtained, in addition to a number of other processes that must be completed, prior to administering it.

Still no decision on electoral system for PC polls

The Government is yet undecided on the electoral system under which to conduct the provincial council (PC) elections due to an amendment brought to the Cabinet of Ministers’ meeting on 29 March.

The proposals were to hold the PC elections either under the old system or to amend the PCs Elections Act and hold the elections under the mixed system.

The final decision regarding the amendment of the law pertaining to the PC elections was to be taken at the Cabinet meeting held on 29 March. At the meeting, the Cabinet had agreed on the enactment of the PCs (Amendment) Act and to thereby hold the elections under the mixed system (to elect 70% of the members under the proportional representation [PR] system and 30% under the first-past-the-post [FPTP] system).

However, Ministers Wimal Weerawansa, Udaya Gammanpila, Vasudeva Nanayakkara, Dr. Bandula Gunawardana, and Dullas Alahapperuma had opposed the proposal under the PR system of having three candidates per party, per electorate/seat.

Thus, President Gotabaya Rajapaksa had decided to have a party leaders’ meeting to make a final decision on the amendment and postponed approving the said cabinet paper on the PCs polls.

The Government has sought Cabinet approval for the introduction of a new electoral system, a mix of the PR and the FPTP systems, for conducting the PC elections.

However, the delimitation process has hit a legal snag, making it impossible for the conduct of the polls in terms of the present law in force.

During its election campaign, the Government promised to hold the PCs elections soon after the general election.

Then Minister of Justice, Human Rights, and Legal Reforms Nimal Siripala de Silva publicly claimed that the PC elections would be held two months after the parliamentary elections that took place in August 2020.

However, even the general election got delayed due to the Covid-19 pandemic.

Nevertheless, while politicians boasted about holding the PC elections soon, the election monitoring bodies pointed out that no one could predict a time period for when the elections would be conducted before a decision in Parliament was taken about the electoral system under which the next PC elections should be held.

As predicted by the monitoring bodies, the Government is yet to decide on the electoral system that it should apply for the upcoming and overdue PC elections.

When contacted by The Morning, Election Commission (EC) Chairman Nimal G. Punchihewa stressed that the Commission was yet to be officially informed about any government decision taken to hold the PC elections.

He said that the elections could be held soon only if an amendment to the existing Act is passed in Parliament.

According to sources, the PC elections would take place after October 2021.

At present, all nine PCs are not functioning as their terms of office have expired. The terms of office of the Sabaragamuwa and Eastern PCs ended in September 2017, while the term of office of the North Central PC ended in October the same year. The terms of office of the Central, North Western, and Northern PCs ended in September 2018. The terms of office of the Southern and Western PCs ended in April 2019, while the term of office of the Uva PC ended in September 2019.

As per the provisions of the PCs Elections Act No. 2 of 1988, within one week of the dissolution of a PC, the EC Chairman is required by law to publish a notice of his/her intention to hold an election to that respective council, and this notice will specify the period during which nomination papers shall be received by the returning officer of each administrative district in the province.

However, with the introduction of the PCs Elections (Amendment) Act No. 17 of 2017, the entire system of PC elections has been changed, as it made necessary the appointment of a delimitation committee by the President within two weeks of the commencement of that Act, where the delimitation committee has to fulfil its responsibilities within four months of its appointment and thereafter submit its report to the subject minister.

China’s way is exploiting other countries by persuading rulers and professionals through bribery and corruption: Nedalagamuwe Thero

Exploiting other countries by persuading rulers and professionals through bribery and corruption is the way of China, Prof. Nedalagamuwe Dhammadinna Thero said speaking to a rally held in Rideegama two days (28) ago.

“It is the way of China that bosses are bought for money, while the minions automatically follow. That is the way. Now, if you are in desire of achieving something, the deal could have been done by any means necessary in order to achieve it. That is how the procedure goes,” the Thera said.

He added: “This would be a very immoral, irregular and illegal system. The United States Constitution states that state-owned enterprises do not return commissions at home or abroad. But in China, you will be given a whole commission of 15%, if you ask for a 15% commission. Imagine!”

“Now the best example in our country would be the coal power plant in Norochcholai,” the Thera went on. “That’s about 300 megawatts of electricity. But in fact, only 270 are generated in the turbines. 30 missing. Why ? If quality turbines are imported, commissions cannot be paid. So bring a lower level one to it. Our general public does not know anything about it. We believe what the politicians and the engineers say. When both of them are given commissions, this is what happens.”

 

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Justice process for Easter Sunday attack victims should begin by April: Cardinal

The Archdiocese of Colombo yesterday faulted the Government for what it termed as repeated delays in bringing to justice those connected to the Easter Sunday attacks, and voiced concern on whether they were caused by “external interferences.”

Archbishop of Colombo Malcolm Cardinal Ranjith, issuing a strongly worded statement, appealed for the process to begin at least by the second anniversary of the attacks that falls next month. The statement also pointed out that even though nearly two years had lapsed there was little tangible headway in investigations to bring justice to the hundreds of people affected.

“This makes us wonder whether there are any external interferences that hamper the efficiency of these institutions in finding out who the real culprits are, and in prosecuting those responsible for the attacks. If this does not happen, we are left with no other option but to intensify further our protest action and to extend it to the whole country,” the two page statement said.

It also went onto request the Government and other stakeholders to expedite further investigations on the matter and bring those responsible before the law without delay, while also speeding up action and the process of prosecution against those who have been arrested in connection with the bombings.

“We wish also to draw attention to the need to investigate thoroughly all those who, during the latter years of the North and East conflict, had contacts or dealings with Zaharan Hashim who is alleged to have been the leader of the suicide bombers.

“We also wish to categorically affirm that it is absolutely necessary to prosecute without hesitation and further delays all those political leaders and officials, irrespective of the position they held, who have been seconded for prosecution in the report of the Presidential Commission of Inquiry on the Easter Sunday attacks, and that for shirking their duty so callously and doing absolutely nothing to prevent the massacre having known sufficiently ahead of time through the report of intelligence that such an attack would really take place,” the statement added.

Malcolm Cardinal Ranjith noted in the statement that the Government should proscribe extremist Islamic groups that are a threat to national security with immediate effect, as well as their foreign sponsors and local agents, adding that those Islamic preachers who promote religious extremism through hate speech “should be banished from the island”.

“We wish to underscore that every effort should be made to implement or at least initiate the first steps in order to implement the foregoing demands before the 21 April 2021, which is the second anniversary of the attacks. When we look at the way the Criminal Investigations Department and all the other relevant State institutions handle intelligence and find out the culprits who commit other crimes in the country, taking action against them speedily, it baffles us as to why, after nearly two years they cannot do so in this case – getting at the culprits who murdered 269 innocent human beings and seriously injured over 300 others, some of whom remain maimed and made to go from hospital to hospital for the rest of their life.”

The statement also warned that the failure to complete the justice process for the Easter attacks could result the country being left vulnerable to future terror attacks, and called on the Opposition to support the Government towards this end.

“It is very clear that if the extremist terrorists organisations who are responsible for the attacks and those who finance them are allowed to possess weapons of different sports and operate freely, such a situation could lead in the future to similar or more violent attacks in any place or against any racial or religious group in the country. Therefore, it poses a serious threat to national peace and security. It is indeed the primary and principle duty of the State to stave off such threats to national security. It is also the responsibility of the Opposition to give their fullest cooperation in this regard without the petty interests of party politics.”

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No objections from India to Moragoda’s appointment

India has not objected to the appointment of former Minister Milinda Moragoda as Sri Lanka’s High Commissioner to India, the Government said today.

Cabinet co-spokesman Udaya Gammanpila said that the Cabinet has not been informed of any objections raised by New Delhi.

He told reporters at the post Cabinet press conference today that Moragoda is expected to assume duties in India soon.

The Parliament High Posts Committee had, last September, approved the appointment of eight new diplomats to represent Sri Lanka, including Milinda Moragoda.

Moragoda has been appointed as a Cabinet rank envoy who will directly respond to the President and Prime Minister.

Permanent Representative of Sri Lanka to the United Nations in New York Mohan Peiris, Ambassador to China Dr. Palitha Kohona, Permanent Representative of Sri Lanka to Geneva C.A. Chandraprema, Ambassador to Japan Sajiv Gunasekara and Sri Lanka’s new Ambassador to the United States Ravinatha Aryasinha were among those appointed at the time.

All the new envoys have since assumed duties in the respective countries but Moragoda is yet to leave for New Delhi.

Civilians have right to self-defence: Sri Lanka police

Civilians have the right to self-defence in the event of an unprovoked attack from a police officer, police spokesman DIG Ajith Rohana said.

Speaking to the privately owned Swarnavahini this morning, Rohana said members of the public may resort to self-defence if their life is threatened by the actions of a uniformed police officer abusing his or her powers, as per sections 92 and 93 of the penal code.

The police spokesman, who is also an attorney-at-law, was commenting on the brutal assault on a lorry driver by a traffic police officer in Pannipitiya yesterday (29). Footage of the incident went viral on social media yesterday afternoon and the constable, who is attached to the Maharagama police station, was promptly arrested later in the evening amid public outcry about police brutality.

Investigations have revealed that the lorry driver in question had accidentally knocked down the Traffic OIC (officer in charge) of the Maharagama police at the Pannipitiya junction on the High Level Road. Footage showed the enraged constable, who was on duty at the junction, shoving the driver to the ground and leaping onto him, not unlike a professional wrestler. (Incidentally, the constable is a former athlete, according to Rohana).

Asked if civilians who find themselves in such situations can retaliate in order to defend themselves, Rohana said a civilian who is unarmed and not showing resistance can use provisions in the penal code to defend themselves in such a situation.

“The law is the same for everyone. It’s fair. And the civilian has the right to self defence in that situation,” he said.

Section 92 of the penal code reads:

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under color of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. Extent to which the right may be exercised.
The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1

A person is not deprived of the right of private defence against an act done, or attempted to be done by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant.

Explanation 2

A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction ; or unless such person states the authority under which he acts, or. if he has authority in writing, unless he produces such authority, if demanded.

Section 93:

The right of private offence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely –

Firstly- Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

Secondly- Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

Thirdly- An assault with the intention of committing rape;

Fourthly- An assault with the intention of gratifying unnatural lust;

Fifthly- An assault with the intention of kidnapping or abducting;

Sixthly- An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

Pakistani intelligence on Sri Lankan linked to extremist terrorism ignored

Pakistan alerted Sri Lanka on August 10, 2018 about a Sri Lankan national involved in extremism and planning for development of explosive devises with the use of readily available chemical materials, but the authorities here had not paid attention on him, the Presidential Commission that probed the serial bombings on 2019 Easter Sunday observes.

The Pakistani authorities apprised the Sri Lankan High Commission in Islamabad in this regard. The Commission, in its report, recommends inquiry into dereliction of duty on the part of the Sri Lankan authorities in this regard.

The Pakistani authorities also had handed over information about the suspect along with his pictures. The dossier of information about the suspect contains a handbook on armed training, and details regarding improvised explosive devises, vehicle –borne improvised explosive devises.

However, the commission says there is no evidence to link this person directly to the April 21 attack targeting the places of Christian worships and three high-end hotels in Colombo.

Meanwhile, the Indian intelligence authorities conveyed sufficient and comprehensive details on April 4, 2019 regarding the impending terrorist strikes. However, the security authorities have not acted to prevent the attack despite the availability of such adequate information.

Source: Daily Mirror.LK

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Australian Prof. named in PCoI report on Easter carnage denies accusations, vows legal action

Australian Prof. Lukman Thalib, 58, mentioned in the Presidential Commission of Inquiry (PCoI) report that dealt with the 2019 Easter Sunday attacks, says that he will initiate legal proceedings against the Sri Lankan government over what he calls unsubstantiated allegations against him.

Thalib is believed to be in Turkey. His son, Ismail Thalib, 24, too, is mentioned in the PCoI report.

UK-based advocacy organization CAGE yesterday (29) in a statement sent to The Island quoted Prof. Thalib as having said: “Recent discussions on the Easter Sunday bombings in Sri Lanka which brought my name into public disrepute out of the blue, have shocked me and my family. I have had no contact from Sri Lankan authorities – they’ve not questioned me about any allegations. Instead I read about them in the press, which is a violation of my due process rights. It is absolutely reprehensible and disgusts me to my very core. I have spent all my life, as a Professor of Public Health and a scientific researcher, working for the protection and preservation of human life.

“I have instructed my lawyers to take legal action against the government of Sri Lanka for these defamatory allegations. It is unacceptable that my extended family faced harassment over the months preceding the release of the PCoI report. The government has shown that it lacks the credibility and impartiality for such a sensitive investigation, especially as it stands accused of war crimes by the United Nations.

“Not only have I been arbitrarily removed from my role as a senior Professor at Qatar University, but I have endured six months of torture, which has been widely publicized internationally. It’s becoming increasingly clear that the country where I was born has played a role in my suffering. They must be held accountable for this.”

Prof. Thalib alleged that they were tortured during the near six-month long detention in Qatar before being released. Qatar authorities took them into custody on July 27, 2020. Prof Thalib said that his relatives living in Sri Lanka, too, were questioned as regards their involvement.

Naila Ahmed, CAGE Casework Manager said: “Our client, Professor Lukman, has not been offered any opportunity to reject the allegations prior to them being unethically leaked to the press. This flies in the face of any semblance of due process and is a flagrant violation of the right to a fair hearing.”

According to international media, another son of Prof Thalib, identified as Ahmed Luqman Thalib, has been named by the US as an Al Quida operative allegedly involved in moving funds. The US named him several months after the arrest of his father and brother.

According to the Attorney General’s Department, AG Dappula de Livera, PC, on March 10 instructed IGP C.D. Wickremaratne to investigate several persons referred to in the PCoI report. Prof. Thalib and Katuwapitiya National Thowheed Jamaat bomber Hastun’s wife Sarah were among those named by the AG.

SLPP Chairman Prof. G.L. Peiris recently briefed the media regarding their alleged involvement in the Easter Sunday attacks. (SF)

Source:The Island