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Sri Lankans in Australia urge UN to intervene in protecting Human & Civil rights of Sri Lankans citizens

(Lanka-e-News, March 17, 2010, 7.55PM) We publish hereunder a letter addressed to the United Nations quoting Article 25 and Article 9 of the covenant urging its intervention as the guardian of civil and human rights in connection with the arrest and detention of General Sarath Fonseka allegedly violating the laws of the country and in breach of the covenant.

The Honourable Ban Ki Moon,
Secretary-General
United Nations
March 14 2010

Dear Sir,

Although a signatory to the UN International Covenant on Civil and Political Rights (ICCPR), the government of Sri Lanka is in breach of Article 25 and Article 9. Therefore we respectfully ask that you remind the President of the said government of its civil rights obligations under international law.

Article 25 of the ICCPR gives every citizen the right to vote in "genuine periodic elections" which shall guarantee "the free expression of the will of the electors." Sri Lanka has recently been subjected to a series of elections which were neither "genuine" nor "free".

The ruling party and the incumbent president used full power of the state to guarantee electoral success. Armed gangs were used to intimidate supporters of the opposition candidate who challenged the incumbent president, General (Rtd.) Sarath Fonseka. The resources of state authorities were widely employed to help the sitting President's campaign; the state media which is run by the tax payers' money of Sri Lanka carried constant advertisements which were like programmes for him. Live coverage was given to meetings at which the President participated while the General's meetings were not given any publicity at all or virtually none. Likewise the state media was used to make false statements defaming Fonseka's personal character. It was repeatedly alleged that he was not eligible to be elected president and that therefore a vote cast for him would be wasted. Such statements were broadcast without a break until the close of polling at 4 pm. The counting agents of candidates other than the President were threatened and chased away from many counting centres. Transport facilities were not provided to residents of IDP camps in the North with the result that only 5,000 out of 100,000 eligible and registered voters cast their votes. Planned bomb explosions in the war a_ected the northern peninsula on the day before the presidential election, preventing people casting their votes (the number who turned up was as low as below 15%}. The Elections' Commissioner admitted that he could not ensure the safety of even one ballot box and that "the situation has reached a dangerous level that is beyond me."
This manner in which the election was held denied the human rights of the Sri Lankan people. Soon afterwards, the main opposition candidate Sarath Fonseka was arrested under the Army Act even though he had already ceased to be a serving o_cer, Military law has denied him the normal rights of an accused citizen; he has not yet been charged although one month of detention has passed.

Article 9 of the ICCPR states:

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

By its illegal detention of Sarath Fonseka without charge, the government of Sri Lanka has breached this article of the Covenant in every respect. That is the considered opinion of Retired Chief Justice Sarath N. Silva, who said, after thoroughly examining the evidence, " In conclusion I wish to state that from whatever perspective one may look at the matter – the Constitution; the Universal Declaration; the ICCPR; the Code of Criminal Procedure Act; the Army Act or the CDS Act; the purported arrest and continued detention of General Sarath Fonseka who is now a candidate nominated for the Parliamentary Elections is entirely contrary to law and justice. "

The people of Sri Lanka hope that the UN is the guardian of Article 25 and Article 9 of the Covenant. They are precious civil rights which we are unwilling to lose.

Yours sincerely
Jagath Bandara
National Convener,
Campaign for Democracy in Sri Lanka - Australia

Rajapakse, making a National Intelligence Service in Sri Lanka as well as camps of Sri Lankan Army (SLA) and Special task force(STF) in every district is the end of Democracy in Sri Lanka.

The Ministry for State Security, (German: Ministerium für Staatssicherheit, commonly known as the Stasi (IPA: [ˈʃtaziː]) (abbreviation German: Staatssicherheit, literally State Security), was the official state security service of East Germany. We now know how your neighbour spied on you for special Favours .

The KGB (КГБ) is the common abbreviation for the Russian: Комитет государственной безопасности​ (help·info) (Komitet gosudarstvennoy bezopasnosti or Committee for State Security). It was the national security agency of the Soviet Union from 1954 until 1991, and its premier internal security, intelligence, and secret police organization during that time. KGB had done many wrong things to millions of people in the former soviet union.

New National Intelligence Service in Sri Lanka
Tuesday, 12 October 2010 - 1:46 AM SL Time
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The government has decided to setup a new National Intelligence Service through a new act of parliament.

It is to be established with basic civil features and like in other countries.

Informed government sources said that this service would be established under the Ministry of Defence on an urgent basis and the government expects to submit the draft bill soon.

President Mahinda Rajapaksa in his capacity as the Defence Minister has already submitted the cabinet paper in this regard.

The new intelligence service would comprise internal and external sections under the direct administration and supervision of the defence ministry.

Government sources said that the new Intelligence Service is to be set up, taking into consideration the necessity to safeguard the peace and stability in the country through an efficient national security system.

From Mano Banduwardena

A group of Senior workers have revealed this based on the contents of a letter addressed to the President on the 24th of February 2010 by the Executive officers of the CPC oil Companies.

Further, that letter relates that the Chairman had said, he will continue to be Chairman for 8 years. Even if the President wishes to remove him, for reasons known to him, he cannot do so, the Chairman has pointed out. It also discloses that the present Chairman has signed an affidavit that he has committed the murders before three Lawyers and several Justices of the peace.
The Executive officers have urged the President to bring the Chairman before the law and mete out punishment so that it will be a deterrent to others and be exemplary.

Despite the Workers’ Organizations having informed the President in writing about this Chairman’s frauds, corruption, mismanagement and profligacy which had cost the Corporation Companies many billions of losses through default payments due to delays; import of fuel when the fuel stocks are there, and when storage facilities are not available, this Chairman has been re appointed for the second time. The Workers allege that this re appointment is because of his ties with the Defense Secretary Gotabaya Rajapakse.

We are Sinhala. Country is also Sinhala. Those who are listening are Tamils –President Rajapakse’s style of address to the Northern Tamils

(Lanka-e-News, April 04, 2010, 11.00 AM) We are Sinhala. Country is also Sinhala. Those who are listening are Tamils. Don’t make ‘panditha' talks. If you cant listen, you can go.

Above were the words uttered by the most venerable Honorable President of Sri Lanka Mahinda Rajapakse when addressing the Northern Tamil people, the brethrens at an election rally at Nothern on the 1st of April.

When the President was speaking in Tamil at the meeting, because his Tamil was faulty, the crowd at the meeting had hooted. The President responded to the hooting in the words expressed in the manner above mentioned.

The President who continued despite the hooting, said, ‘I will not stop my speech. Because you jeered at me, I will continue to speak more in Tamil.’ The crowd at the meeting has greeted his talk with more hooting.
It is well to recall that this most Venerable Honorable President Mahinda Rajapakse of SL, after winning the war and on independence day when addressing the Nation, clearly enunciated there are no minorities in this country. There are only Sri Lankans.

There are only two races in this country, the race that loves the country and the race that does not love the country and the Nation, he added, when he made those speeches.

The prisons officer who was at the Kalutara Prison was transferred to the Welikada Prison when it was decided to jail Fonseka. It is this officer who had removed the fans and the bed in the S ward where Fonseka is currently being held.

Sources noted that this officer has to give a daily report on Fonseka to the Prisons Commissioner General.

Private Sector Business Leaders On Joy Ride To New York

Government spends millions on country’s richest businessmen
By Mandana Ismail Abeywickrema

The jumbo Sri Lankan delegation – an estimated 110 — that traveled to New York to attend the UN General Assembly, included ten top businessmen from the country’s private sector – who were part of the Presidential delegation, all at public expense. For the first time in the country’s history the government paid for the air tickets, hotel rooms etc. for the business leaders. On earlier visits the businessmen paid for their own expenses.

The man behind this wastage of public funds is the infamous Coordinating Secretary to the President, Sajin Vass Gunewardene who is well known for his extravagant life style at public expense. Vass Gunewardene now a member of parliament, is held responsible for the mammoth Rs. 3 billion loss endured by Mihin Air.

The President’s Coordinating Secretary was in New York in the first week of September to organise the President’s trip. Breaking all regulations for such visits, Vass Gunewardene ordered the Foreign Ministry to pay all ‘extras’ such as room service and laundry. He went further and provided cell phones with IDD facilities to all 110 delegates.

He ordered 40 limousines for the delegation but some of the private sector businessmen who were told that they have been provided with vehicles never saw them.

The Sri Lankan mission in New York is buzzing with gossip as to who collected the hundreds of thousands of dollars in kick-backs from the service providers.
Among the key businessmen who accompanied President Mahinda Rajapaksa in the government delegation to the UN were Mano Selvanathan, Susantha Ratnayake, Noel Selvanayagam, W.K.H. Wegapitiya, Dhammika Perera, Sanjeewa Wickramanayake, Dr. S. Selliah and Ashrof Omar.
CEO of the multi million dollar Brandix group Ashrof Omar, when contacted by The Sunday Leader confirmed his visit to New York was on a government invitation and said his visit was sponsored by the state.

He said the delegates stayed in New York for about five to six days at the Waldorf Astoria.
Seventy rooms were booked at US$ 472 per night for five days at the Waldorf Astoria at a total cost of US$ 165,200. This was apart from the President’s suite which cost US $ 1000 per night.

Omar said the businessmen attended two sessions at the UN – the session on the Millennium Development Goals and the General Assembly.
Director, Carson Cumberbatch PLC, Mano Selvanathan also confirmed to The Sunday Leader that he visited New York as part of the government delegation. Pressed if he had paid the bill for his five-day stay at the Waldorf Astoria, Selvanathan said he did not know. “I do not know,” he said, maintaining he booked out of the luxury New York hotel unaware who was meeting his bill.

When asked who paid for his airfare to New York, he said he made the reservation for his air travel and is still awaiting the voucher. However The Sunday Leader can confirm that all of Mano Selvanathan’s expenses including the air ticket was paid by public funds.
Several attempts to contact President, Senok Group, Noel Selvanayagam failed. Repeated attempts by us to get his response proved futile as he ignored all messages left by The Sunday Leader.

Selvanayagam in addition to accompanying the President to New York was also part of his private entourage to Germany and Houston. The air tickets, hotel expenses and all other extras such as laundry room service were paid by the State. Both the visit to Germany and Houston were billed as private visits. While there is no clear explanation as to why the President visited Germany he had visited Houston to meet his brother Dudley. In fact the only brother who does not hold a senior government post in his administration.

Chairman, John Keells Holdings, Susantha Ratnayake said he paid for his own air fare to and from New York. He admitted however that his hotel bill had been met by the State. “When I tried to pay the bill I was told my room was being met as part of a master bill,” he said.
Group Chairman, Laugfs, Wegapitiya and former Chairman of the Board of Investments (BoI) and businessman, Dhammika Perera were not available for comment as they are yet overseas and expected to return to the country only this week.

The Sunday Leader was also unable to contact CEO/MD, E-Wis, Sanjeewa Wickramanayake and Deputy Chairman, Lanka Walltiles Limited, Dr. Sellaiah.
All the businessman were flown on Business Class. A return air ticket on Emirates Airlines Colombo – New York is Rs. 425,200.

In our traditional history to which nationalists want to take us back to, there was no bureaucracy but only a feudal patronage system of state minions under the control of the nilames- a system of farming out power and administration.

by R.M.B Senanayake

(October 10, Colombo, Sri Lanka Guardian) Administrative agencies determine who gets what from government—and how well government works. Obviously what is required is good governance and not bad governance. We have no difficulty in identifying good from bad governance. If one goes to any government department today, one sees bad governance and if there is to be development we must change this situation. How we do it is a professional issue best tackled by practitioners of public administration who also understand the theory of public administration.

It is possible to view Public Administration purely from a management point of view as a process to obtain results from the activities that the government institution is engaged in. The theory of Public Administration includes such canons as the principle of hierarchy, unity of command, specialization of functions, co-ordination and leadership in management. All these have now disappeared. Administrative leadership has been replaced by our traditional systems of intrigue, back- biting and sowing discord in organizations.

When I was the Director of Combined Services I received a call from the Minister Felix Dias Bndaranaike to see him immediately. As I went into his room I heard my name being mentioned by Vivienne Gunawardene and she was engaged in a tirade against me. I heard part of what she was saying and it was the charge that I was harassing the Leftist trade unions. As I walked in the Minister introduced me to Mrs. Gunawardene and asked her to repeat the charges. She went completely mum and shortly afterwards left with the minister grinning. The minister’s conduct is according to the best canons of public administration apart from it being gentlemanly behavior. But such conduct is alien to our traditions and ancient habits and practices are being revived.

In our traditional history to which nationalists want to take us back to, there was no bureaucracy but only a feudal patronage system of state minions under the control of the nilames- a system of farming out power and administration.

Need for a politically neutral bureaucracy for a multi-party democracy

The Chinese first organized a bureaucracy which the Romans emulated and built up the massive Roman Empire. But it is the British who proved the value of a bureaucracy which was the instrument through which they controlled the far flung British Empire. After Independence the Indian leaders realized the importance of a national bureaucracy to hold the country together. So the Indian political leaders allowed the bureaucracy to function with relative independence.

Indian leaders saw to it that with the continuation of English as the medium of instruction and its use in administration the newer generations would imbibe the ideas of modern democracy and liberal values. They made no move to replace them with traditional Hindu cultural values and transmit Hindu religious nationalism. So Indian democracy has survived and liberal values are taking root in India.

India has not regressed to its caste ridden religious fundamentalist widow burning past. Not so Sri Lanka where the Buddhist clergy steeped only in traditional culture asserted themselves and launched into the political scene. SWRD won in 1956 on a totally new ethno-religious nationalism. The newer type of Members of Parliament had no understanding of the norms of democracy or their role as Members of the Legislature. They had never heard of Edmund Burke and his definition of the role of a MP or of the division of power between the Executive and the Legislature. They considered themselves the new kings of their electorates. One MP from Colombo, as an exercise of his power, demanded entry to the Operating Theatre of the General Hospital. The surgeon had to hand over the scalpel to him and leave before he got any sense into his head.

But in the districts they could freely exercise their power in the name of the people. The bureaucracy was drawn from the urban middle class and they were rather remote from the rural people. The top officials were from the elite in society. The MP saw an opportunity to exercise power by articulating the demands of his people. The demands of the people were for land and water ( dry zone) in particular. Their demands were urgent and persistent and could not be resolved by the District Administration given the constraints of resources and time involved in following orderly procedures required for good administration.

When delays took place the people went to their MP who was ever willing to intervene on their behalf. This situation soon led to the MP directly intervening in the district administration to obtain favors for their supporters. Those who voted for the Opposition were left in the cold. The MPs became the effective rulers of the countryside. But they are not disinterested parties who act only in the public interest. The Public Choice Theorists have shown that politicians and public administrators act in the interests of the people only where their personal and political interests converge with those of the people they represent.

Soon the new ‘Nilames’ in charge of the countryside created chaos in the District Administration. Such canons of public administration theory like the need to observe the hierarchical principle and unity of command were neither understood nor appreciated by them. Public administration degenerated and with it democracy and the village economy suffered. All illegal encroachments on state lands were regularized and the respect for the law that had been inculcated in the people by the British was undermined.

The irrigation based farming economy in the Dry Zone has suffered the most from this takeover of power by the local MP. The maintenance of the tanks is neglected and orderly water rationing for irrigation has been disrupted with the vast amount of illegal encroachments on tank bund reservations. Tanks are not filling but getting silted without proper maintenance. Insecticides used in illicit cultivations in the upper reaches of the tanks are flowing into them, polluting the water and killing the inland fishing industry.

It is not in the interests of these MPs to check such practices for they have to ensure their re-election through pandering to the wishes of the voters. A similar situation was repeated at the Center where Ministers obliterated the distinction between the functions of the political Executive and the permanent bureaucracy. According to the Financial Regulations financial transactions such as tenders are entirely within the preserve of the officials and the Secretary to the Ministry is the Chief Accounting Officer. But what if the Secretary surrenders this function directly or indirectly, overtly or covertly to his minister? I was an Assistant Secretary in the Ministry of Food under the late K. Alvapillai. One day he called me and gave me a file which he wanted me to show Minister J.R Jayawardene and bring it back to him. I read the minute addressed to the minister who had called for the Pakistan Rice Purchase file. After giving reference to the tenders the Secretary ended by saying that under the Financial Regulations tenders was entirely a matter for the Secretary.

When I presented the file to the minister he read the minute and told me that he wanted to retain the file. This boundary between the bureaucracy and the political Executive exists no more. Overtly or covertly, directly or indirectly ministers today decide on tenders and other financial matters. But the nominal responsibility of the Secretary as Chief Accounting Officer is still there in the Financial Regulations. So the ministers exercise power without responsibility with no accountability for any irregularities which may arise in financial matters. The stage has been set for crony capitalists - businessmen cultivating politicians to get concessions and monetary benefits from state contracts.

The United Front Government of the 1970s realized that the State machinery was no longer working. They sought to replace it with their own Leftist party based organizations and thereby to surreptitiously set up a one party state from within. They set up Janatha Committees which added to the confusion. The SLFP tried to regularize the assumption of power by the elected MPs through the District Political Authority.

UNP fails to restore a politically neutral bureaucracy

The UNP came back to power in 1977. President J. R Jayawardene was a great leader who understood economic development. But he had no faith in democracy and was more enamored of Lee Kwan Yew’s methods of strong government. He was also impatient with the bureaucracy and wanted to exercise his will despite the consequences. He ordered the IGP to promote a police officer whose record was so bad that he should have been sacked. When the IGP, a conscientious officer well known for his integrity, refused to comply he was forced to resign. Where oh where are such officers today? What foul fate has befallen our country?

President J.R. Jayewardene did nothing to ensure the protection of the public servants from the depredations of politicians. He failed to reverse the subordinate role given to the Public Service Commission by the United Front Constitution. Without such protection public officials gave up their independence thought and professional judgment and became a breed of sycophants.

"The people’s representatives spend their time debating .various constitutional issues and the numerous elections to which will they blithely claim will strengthen the democratic rights of the people, while the people are hard pressed to find a parliamentarian who will take the responsibility for the lack of facilities in his electorate, the closure of primary schools and the sorry state of the base hospitals."
by Manel Abhayatna
(October 12, Colombo, Sri Lanka Guardian) Sri Lankans often tend to delude themselves that the promises made of airy visions of utopian bliss by politicians will be soon realized at least if not now then in the near future. This naïve acceptance enables politicians to make the most profound statements and promises with never a concern about their veracity. Today we hear many politicians claim that though there is poverty yet that poverty does not diminish the quality of life of the people. Poor you may be , the poverty line is stated to begin at around and below Rs 3000 and obviously according to the politicians this amount certainly allows a person to live comfortably no matter the escalating cost of living.

If one were to take a low income poor family or for that matter a middle class family that is fast losing its status and becoming a lower middle class family having a family of four. Breakfast alone without those now luxurious eggs and powdered milk will cost at least two hundred rupees .In a marginalized urban dwelling very few can cook their food using firewood and so kerosene or gas is needed and the price of a coconut is easily in the range of Rs. 35- 40 . It is sad that those who talk so easily about how comfortable the lives of the poor are in this land where the GDP and per capita income is enviable, fail to understand that these two economic indicators do not really show the actual; living conditions of the vast majority of people who are the marginalized urban slum dwellers and the rural agricultural poor.

The people’s representatives spend their time debating .various constitutional issues and the numerous elections to which will they blithely claim will strengthen the democratic rights of the people, while the people are hard pressed to find a parliamentarian who will take the responsibility for the lack of facilities in his electorate, the closure of primary schools and the sorry state of the base hospitals. Instead he will talk of the roads that have been built and the bridges displaying a plaque giving credit to his greatness , while most people start complaining a couple of months later that the bridge is on the verge of collapse and roads have not been well constructed. The Parliamentarian invariably complains to his colleagues’ that people in his electorate are extremely ungrateful!

In fact while the escalating cost of living constitutes spiralling the various authorities with supreme indifference to the needs of the poor continue to increase prices. A few weeks ago the price of wheat flour was increased, according to some wag it was done in order the control the growing incidence of diabetes among the people! The increased price meant that the price of bread rose by three rupees and so too did allied products. Now the private transport services are urging for a revision of prices and the moment the bus rates are increased the cost of living further rises. This affects not the elite but the poor who have to use the public transport system to go for work send their children to school etc. Invariably lack of ready cash increase the school drop out rate and workers too tend to absent themselves more often.

While all these price increases are taking place government claims that economic development is talking place and cities are being spruced up to welcome tourists .In order to make the city safe security lights are being installed even as traffic police are seen at all strategic points. Unfortunately the people friendly police that are being so much touted by the law enforcing authorities are yet to see light of day. A couple of days ago a traffic police office was supervising a road repair near the traffic light close to the Bribery commissions’ office . The signal light was red and a couple of vehicles were waiting for the light to change the police office of course had other ideas and from an adjacent point of the road he was signaling the vehicle to proceed which none of them did , and the poor man was in a rage , perhaps he felt that his office was slighted and he raving and rating at the bemused drivers who were wondering whether they should follow him beckoning them to proceed standing at the pavement or wait till the lights change. Fortunately before the police officer could get really nasty the lights changed and off whizzed the cars yet hearing comment on the parentage of the drivers who had ignored his hand signal! So much for a people friendly police!