Editors note: Hotel Developers (Lanka) Plc, a CSE listed company that owns the Colombo Hilton hotel was named in a controversial new bill, rushed through Parliament in secret, not unlike the outrageous 18th Amendment.

1. The Bill appears to have been certified by the Cabinet on the 20th October 2011 as an Urgent Bill and was presented to and reviewed by the Supreme Court during the last week.
2. The Bill has reached the Media and Citizens only towards the end of last week ie. after the review by the Supreme Court and possibly after its verdict had reached the Speaker of Parliament
3. The need for this bill to be deemed an Urgent Bill needs to be properly justified by the Executive and unless so justified it appears to be so classified with mala fidei interests to by pass democratic good governance expectations of society
4. The secrecy surrounding the bill and its reported compilation outside the purview of the usual drafting sources adds further grounds to the belief outlined in 3 above
5. The selective criteria as defined for the application of the classification of Under performing Enterprises and Under Utilized Assets being capable of application to many other listed and unlisted private sector entities whose enterprise names and assets can easily be added in the future as a part of the schedule by simple majority approved new enactments raises amber lights in the eyes of investors, entrepreneurs and business decision makers locally and overseas and will lead to lower ranking of Sri Lanka as a attractive destination for investment, do business and operate in
6. This bill will raise significant risks linked signals and country profiles in the minds of business leaders, decision makers and entrepreneurs, both local and foreign of the much feared Business Acquisition Act applied viciously in the past till it was removed from the statute books
7. The specified businesses and assets and asset owning entities listed in the schedules and impacted by the provisions not being the only such business enterprises and asset owning enterprises that can be so classified raises amber lights and significant potential risks in the eyes of investors, entrepreneurs and business decision makers locally and overseas and will lead to lower ranking of Sri Lanka as a attractive destination for investment, do business and operate in
8. Investors, entrepreneurs and business decision makers locally and overseas will fear to invest in new businesses in Sri Lanka after this experience , especially start up businesses, green field operations and long gestation period investment businesses and businesses subject to and impacted by global economic factors, seasonality factors, commodity price fluctuation linked business , business with high  risks and businesses even with more than moderate risks
9. Investors, entrepreneurs and business decision makers locally and overseas will question as to why this type of legislation was given priority when a long felt need pressed on by investors and businessesin the form of a Chapter 11 type restructure provisions were left out of the statute books including at the time the Company Law was reformed .
10. Unless all stakeholders including the Executive, Business Chambers, Professional Associations, Media and Civil Society Watchdog institutes begin immediately an earnest intellectual debate on the need for this bill, the associated secrecy and urgency, the rationale for the selectivity, risks associated and seen by investors and business decision makers, other options and risk mitigation strategies analysis, sustainable national economic benefits,in the longer term interests,the Nation, business and people may eventually be sorry that this bill was adopted in haste.

Revival of Underperforming Enterprises and Under Utilised Assets Act

• A Public Memo to Members of Parliament representing the Tamil National Alliance from the Tamil Civil Society
• Sinhala and Tamil translations of UN Panel’s report on accountability
• Launch of Moving Images: Stunning documentaries and photo essays from Sri Lanka
• Mojo for mayhem or source of serendipity? Sri Lankan Army’s model to defeat terrorism
• State Capitalism: Revitalising under performing businesses the Mussolini way

“Our President is taking on the next phase of his governance. There is so much more he has to do to guide this nation on. For that we must wish him well and more importantly, resolve that there is so much each of us as individuals and as one big family of 20 million people can and must do, to help ourselves”

and wish H.E. the President on his birthday and assumption of his second term of office saying “Chiran Jayathu” and “Aayubowewa”, Happy Birthday and All the Very Best, thus expressing sincere appreciation of his leadership and governance of the past and also for the expected delivery in the future as supported by the following:

• “I am proud to announce that my country has succeeded in eliminating one of the most brutal terrorist groups in the world. This group was not a liberation movement but an anti-national separatist cult that glorified violence. Sadly they were able to propagate their cult of violence and hatred in some countries which, for understandable but unjustifiable political reasons, seemed less than forthright in their opposition to terrorism that did not seem to threaten them”. H.E President Rajapaksa
• “There are no minorities in this country. After the conclusion of the war all Sri Lankans are divided into two main categories––patriots and traitors -” H.E. Mahinda Rajapaksa
• “If there is one person who should get the credit for the military victory it should be President Mahinda Rajapaksa. He is the captain of this entire team effort. It is his unwavering leadership, determination, commitment and proper understanding that made the difference- Admiral Wasantha Karannagoda
• “Not a single LTTE cadre or civilian was killed during the Vanni humanitarian operation. The Army received them as Sri Lankan citizens,” Major General Shavendra Silva
• AN ITN news anchor says that “the Sri Lankan government will be taking legal action against Channel 4 over the execution video it aired.”
• From ‘Just War’ to ‘Just Peace’ – Dr. Dayan Jayatilleka
• “President Rajapaksa is the best representative of National Democracy “-Dr. Dayan Jayatilleka
• “The government’s objective is to enable the people to enjoy the benefits of the democratic processes and to speed the development activities in those areas where there is a heavy presence of terrorists. This would be similar to the fast tracking of economic development taking place in the Eastern Province of Sri Lanka, where former terrorists now function as democratically elected Provincial Councillors, and a former child soldier conscripted by the LTTE is now the elected Chief Minister, having abandoned terrorism and embracing democracy” H.E . President at the UN in 2008
• “We will not compromise the country’s sovereignty. I believe when we make progress the EU will find it difficult not to extend the GSP facility to us. If they still don’t, then we will be compelled to assume the EU is working on a different agenda. We have made contingency plans to secure jobs in the event of no GSP but if we succeed in getting this facility life will be much easier.” Minister Mahinda Samarasinghe
• “The external parties should allow Sri Lanka to deal with its internal issues without the interference from external forces.” Â Sri Lanka’s UN Representative
• “Without any doubt Ban Ki Moon (Bakamoona) is behaving like a puppet of vicious America and its western ally.” Minister Wimal Weerawansa
• A Prime Minister with a large heart” invites parents without throwing away unwanted children to deliver them to “Visusmpaya” where he has enough space and also time to look after their welfare and future”.
• “Sri Lanka the fastest growing Asian economy after China” Singapore Deputy Prime Minister.
• “The vision of the Government is to make the transition faster to an emerging economy. The President has already declared a 4,000 dollar per capita income target by 2016.This is the destiny we are looking at. His Excellency the President has now declared that the economy must move towards USD 4,000 per capita income range, which implies that the economy must grow well in excess of eight percent instead of six percent, which Sri Lanka maintained during the last five years. As far as His Excellency’s vision is concerned it is not purely about achieving a per capita income target, but ensure that every household in Sri Lanka will have a decent house with basic sanitary facilities, access to water, have access to electricity, access to telecommunication and technology. Sri Lanka is going to be a knowledge hub. The Government is promoting a knowledge based economy” Dr P.B. Jayasundera Secretary Treasury.
• “The Government retaining the key to achieve USD 4000 per capita not in 2016 but even next year by adjusting the USD parity to be around one USD = Rs. 50/=”- A former CEO of a leading export conglomerate

• “Sri Lanka must prepare to face global currency war – Minister of Social Services
• “Given the country’s recent economic performance, there is good reason to be hopeful. Despite the financial, fuel and food crises around the world, which turned in to full-blown economic recession, our economy demonstrated its resilience by recording a 3.5 % growth in 2009. Even more remarkably, it achieved a growth of 6.2% in final quarter of the year. This, in my opinion, is the beginning of a new era of economic prosperity”. Former Federation of Chambers President Kosala Wickramanayake
• “The Government expects to encourage export of local products. The export of local products will immensely support the country’s economic development.” Minister Nimal Siripala de Silva (*Exchange Rate one USD = Rs. 110.88 (18^th October 2010), Rs. 113.63 (1-1-2010)
• “The Government under the leadership of President Mahinda Rajapakse has created a conducive environment to expand local manufacturing sector and also to ensure their competitiveness” Minister of Industry and Commerce –(Sri Lanka’s global competitiveness ranking 62nd place among 139 nations)
• The government has set in motion a plan to earn 40 percent of government’s income from the Hambantota Port in 10 years. The Hambantota Harbour project in addition will create direct and indirect employment opportunities for 25,000 people,” Ports and Aviation Deputy Minister
• “The buzz word of today is Sri Lanka as a hub. Financial hub, maritime hub, shopping hub, knowledge hub and the like… so why not a creative hub?” Rohantha Athukorala
• “The Colombo Stock Exchange became the best performing capital market in the world recording a growth of 111 percent. All Share Price Index (ASPI) of the CSE crossed 7,000 milestone creating history (2nd October 2010)”. ASPI 6565 on 16^th October with year to date net foreign sales of Rs. 25.6 billion)
• “Whilst in India several politicians, leaders in governance and business persons have been charged or have resigned based on corruption related offences, in Sri Lanka no politician, leader in governance or business (with the exception of General Sarath Fonseka) have been charged or resigned ” Anti Corruption Campaigner
• Govt spending should benefit public – President
• There are some 300 other relations who occupy important government positions! “Who gave those figures? 300 relations … I will tell you, the whole country is related to me. The whole country. ” H.E. President Rajapaksa
• “The wife of a Minister sentenced to death by the Colombo High Court for abducting and murdering a woman believed to be the Ministers mistress and her domestic aide in view of the International Women’s Day.”-Island
• “The former Ratnapura Saman Dewale Basnayake Nilame who was sentenced to life over the killing of his mistress was released by the Colombo High Court based on a Presidential pardon”. Daily Mirror
• “The Sri Lanka Freedom Party’s Disciplinary Committee appointed to probe into alleged charges relating to a Samurdhi Officer being tied to a tree in Kelaniya has acquitted the former Deputy Minister of Highways Mr. Mervin Silva. The committee has stated that there was no evidence that the alleged act was carried out by the Deputy Minister, and he was responsible for punishing the Samurdhi officer following an anti-dengue campaign. The Committee points out that the Samurdhi Officer had also claimed that he had willingly let himself be tied to a tree symbolising a traditional village punishment of old. The official has claimed that this was only a demonstration to discourage others from shirking their responsibilities and he had volunteered himself be tied to a tree”.
• New Approach Towards Media – “”I believe in a relationship where we could disagree, argue and completely ignore each other, but no one has the right to insult each other.” Minister Rambukwela
• What is wrong in earning foreign currency by allowing foreign tourists to come and engage in gaming? – Minister of Social Services (Will this rationale be extended providing sources for prostitution, human trafficking, smuggling,  and dealing in narcotics for foreign exchange?
• “National Tree Planting Programme to be held on 15th of November where 1.1 million trees will be planted island wide within 11 minutes” – Minister of Environment Anura Priyadharshana Yapa
• “Hambantota in Sri Lanka is a Candidate City for the Commonwealth Games in 2018 and is presently in the process of preparing its bid document to secure its candidature.” –Daily Mirror
• “The World Buddhist Congress awarded the World Fellowship of Buddhists’ Grand Award to the President for his invaluable service to the well-being of Buddha Sasana and for the Buddhist revival in the island. ” Colombo Pages
• “4000 kilograms of kiribath, the traditional Lankan coconut milk-rice dish, sounds a bit too appetising. The ingredients: 1200 kg of white rice, 300 kg of cashew, 250 kg of jaggery, 1500 coconuts and a group of five-star chefs; enough to feed 65000 people for the birthday and 2^nd term of office” Hindustan Times.(A Guinness record)
• “We have risen to the challenge to make our country the miracle of Asia,” the President said after commissioning the new harbour at Magampura, Hambantioa
• “It is time to build independent people not dependent on the world” H.E President Rajapaksa

-Happy 20 Million Sri Lankan Family-

• Protests in Katunayake Free Trade Zone: No police in sight
• election 2010
• The heroine of democracy and the monks revolution
• The Tamil Man’s Genes
• Marking The Mahinda Moment In Lankan Politics

S. B. Atugoda Esq.
Secretary,
Presidential Commission on Lessons Learnt and Reconciliation,

24, Horton Place,
Colombo 7.

Dear Mr. Atugoda,

Amber Light Signals Requiring Pro-active Action by the Lessons Learnt and Reconciliation Commission

Further to the submissions made by me earlier before the Presidential Commission on Lessons Learnt and Reconciliation (LLRC), I wish to draw the kind attention of the Commissioners to the undernoted amber light signals evident from a scan of the external environment. These signals point to an urgent need for the Commission to recommend appropriate risk mitigation strategies, with a view towards assuring sustainable integration and reconciliation in Sri Lanka;

• Sri Lanka has several active political parties with popular support which are founded, based on principles or established for the purpose of promoting some ethnic groups and/or religious beliefs
• During the presidential and parliamentary elections, these political parties and their leaders make promises and commit to action strategies that tend to promote the advancement of some ethnic groups or religious beliefs to the detriment of others. These promises include the promoting of ethnic homelands, superior claims over specific land areas and land holdings, demanding preferential national resource allocations, promoting changes in national policy (eg. education, teaching of languages and religions in schools and the use of the official languages),  devolution of state power and exclusive control over religious and cultural sites for the benefit of  designated ethnic / religious groups

The intensity and extremism of such demands have become more prominent during the recently held elections, commencing from around 2004.

• During the last five years, along roadsides (mainly along popular highways), main towns and in residential areas, shrines, temples, statutes and commonly venerated tress and physical objects have been constructed /planted on an ad hoc basis. It is unlikely that these constructions / occupation / planting  have formal approval of the authorities nor the respective land allocation made with lawful regulatory approval (especially in respect of the rights attaching to the  use of such sites for religious purposes)

These illegal constructions and occupation will deter the use of these land holdings for future community value adding public purposes and will in addition restrict road network expansion and road widening linked development initiatives.

• During heightened periods of internal strife (especially during the period leading up and during the Elam IV battle) and the post May 2009 period the citizens witnessed several attacks on religious sites, religious establishments. This period also witnessed the lodgment, by prominent and powerful politically connected religious leaders and lay persons, of claims over religious and culturally significant sites, including sites presently occupied and or venerated by alternate ethnic and or religious groups. These claims have been publicly supported by purported references to historical events, historical texts, old maps and other documentation.
• Following the completion of the thirty year war on terrorism some of these religious, political and academic leaders of society have been actively engaged in research and excavations in the areas formally under the occupation and control of terrorist groups. They have since commenced a series of follow up action including the announcement of the ethnic / religious origins of these sites and areas. They have in addition begun public lectures, media interviews and publications by which they lodge claims over these land holdings and sites of importance. They have in some areas begun officially marking sites that are believed have been under the ancient control of alternate ethnic or religious groups and sites with archeological connections to some ethnic groups and religions different to the presently constituted demographic majority in the areas concerned.

I trust that from a review of the above scenario scan and other evidence that may be led before them, the Commissioners will appreciate the potential critical turning points of ethnic / religious tensions that can adversely impact on sustainable integration, harmony and reconciliation in Sri Lanka.

The recent court ruling in India on the petition claiming rights over the famous Ayodhya site has brought to the fore the historical carnage, loss of life and long term disharmony created by claims and counter claims over historical / religious site. The court verdict, which appears likely to be further contested by petitions to the Indian Supreme Court has brought out many useful guiding comments from leading members of civil society, some of which are listed below to highlight the context in which this note is addressed for the urgent attention of the Commission;

• “The Ayodhya ruling dividing a disputed holy site between Hindus and Muslims may prove flawed, but could also allow a progressive India to turn the page on its unstable sectarian past. While legal experts debated the pros and cons of the landmark High Court judgment that carved up the site in the northern town of Ayodhya, historians and commentators focused on the implications for India’s image as an emerging global power committed to secularism and the rule of law. There was also unanimous relief at the measured response from all sides to the verdict. While some analysts wielded the word “compromise” as a criticism of the High Court ruling, others praised it for offering a viable way forward on a dispute with such an emotive and violent past.”[1]
• “This verdict is not unassailable, but it seems like a workable compromise. The question to ask is whether the compromise takes us forward in the direction of the constitutional values we cherish. The court had succeeded in accommodating religious claims without jeopardizing the secular character of the state. This will not satisfy purists. But it is not an implausible way of strengthening secularism”.[2]
• “The ruling was crucial for finally putting a “judicial stamp” on an issue that for too long had been the preserve of religious ideologues. It seems that modern India cannot be easily duped for a medieval cause anymore. A large number of Indians are cynical and tired of this issue and want to see it resolved through peaceful and constitutional means.” [3]
• “Press reaction was largely positive, with some editorials seeing the judgment as a turning point for a country which is increasingly keen to shed the communal venom of the past”.[4]
• “A new, resurgent India has emerged from the debris of the violent 1990s. A new generation has come of age since then and it doesn’t want to be tied down by ancient hatreds,” [5]
• “Whether we have indeed moved on will not be known for some time yet.  Preferred to see the government take over the site years ago and put it to a non-religious use. That would have equally offended the Muslim bigot and the Hindu bigot, but perhaps struck a chord with the public as a whole. In the meantime, one can hope India moves on further, placing emphasis on decent education, affordable healthcare, and a dignified livelihood, rather than re-living the sectarian disputes of the recent or ancient past.” [6]

In the context of the external environment and the lessons from India as described above, the Lessons Learnt and Reconciliation Commission is urged to focus attention early in regard to the need to initiate risk mitigation strategies aimed at ensuring sustainable integration and reconciliation shedding the communal venom of the past and taking Sri Lanka forward in the direction of the constitutional values we too cherish.

The undernoted recommendations are made for due consideration by the Commission:

1. Develop and publish recommendations outlining strategies for effective risk mitigation of potential issues, events and actions that may jeopardize sustainable integration and reconciliation in Sri Lanka. Include in such recommendations a set of operating guidelines for Executive action, an applicable legal and regulatory framework and an appropriate dispute resolution mechanism to mitigate the potentially high risks (both in terms of probability and severity).
2. The risk mitigation recommendations referred to in 1 above inter alia to cover issues, events or actions subject to ethnic or religious sensitivity or those likely to change the existing status quo and / or are likely to cause disharmony or discrimination of presently resident communities of specified areas and also specific communities engaged in venerating at religious/cultural  sites in these areas ;
   1. Legislation  or Executive actions granting preferential land allocation for exclusive use by some ethnic  or religious groups
   2. Legislation  or Executive actions designating new religious or cultural sites, archeological sites  and preservations
   3. Preventing archeological excavations by persons outside those empowered by statute
   4. Preventing public places, especially roadsides (mainly along popular highways), main towns and residential areas being used to set up shrines, temples, statutes and commonly venerated tress and physical objects on an ad hoc basis
   5. Preventing constructions, setting up reservations and designating new sites in presently publicly held land for the exclusive use of certain defined ethnic or religious groups , which may be deemed disrespectful to and cause disharmony amongst the relevant communities and or be deemed unjustified in the context of the present demography of the areas concerned
3. Develop and publish recommendations outlining strategies, packages of incentives and directional guidelines towards fostering ethnic and religious amity and further integration, harmony and reconciliation amongst communities and promoting the setting up of sites of multi religious and multi cultural significance.
4. Dispute resolution mechanisms to be structured  and resourced by capable, independent and community respected persons and enforced with efficiency and effectiveness in order that the objective of sustainable integration, harmony and reconciliation are realized
5. By the enactment of new legislation titled “Anti-discriminatory promotion law” discrimination by any person (including but not restricted to be members of the executive, the legislature, the judiciary, self employed persons and employees of the state, business, enterprise, non profit organization) in any form on account of origins/language/race/religion/caste/creed/ disabilities and status be legislated to be a punishable offence carrying severe penalties.
6. The legislation to make it a punishable offence to promote, advocate, guide, mentor or incite any person to discriminate against another person or a group of persons or label and or classify any persons or group of persons for purposes of identification in the promotion of discrimination and also publish or broadcast in any media any material discriminatory of any person or group of persons  on account of their identities; all political parties and other organizations having as an objective or engaging in the promotion of any discriminatory practices should be declared illegal; and citizen be empowered by right to information from all persons representing the state, state agencies and the executive certifying that their actions and policies are unbiased and non discriminatory
7. The Human Rights Commission established under the 18^th Amendment to the constitution be made accountable as the authority for implementation of the provisions of the new enactment; and also empowered to give directions to any person in the discharge of the duties as assigned by the Act; and further in the course of its duties the Human Rights Commission be empowered to make such directions and promulgate any rules/codes as necessary for the implementation and enforcement of the Act; and the Commission be further empowered to enforce  the determinations made by it against any person found guilty of an offence under the act and subjected to due punishment under the law, subject to such determinations being upheld by an appropriate judicial tribunal not less than a high court of law.
8. The government in partnership with the private sector, professional organizations, media and not for profit organizations to launch awareness, educational, advocacy, promotional  and recognition campaigns  aimed at promoting acceptable values and societal norms, targeting the development of an integrated and unified “Sri Lankan Identity”, (especially targeting all school going children, adolescent, youth and middle aged parents ); and as a part of this initiative to develop codes of conduct applicable to all stakeholders engaged in publishing  and broadcasting in the media, advertising and promotions; and seek binding commitments that all such campaigns will be unbiased and without  political or egoistic promotional needs of any persons or groups .
9. All new national policies, legislation and regulations made by the central and or provincial governments to be endorsed by the publication by the approving authority of a certificate confirming that such policies and regulations are unbiased and uphold the principles of non discrimination.
10. ‘Affirmative  Action’ based policies, legislation and governance practices embedding in society of accepted values and norms which are honoured and upheld by the leaders of society to become the main pillars for the strategies towards reconciliation and integration

With warm Regards

Yours Sincerely,

Chandra Jayaratne

[2] Pratap Bhanu Mehta, President, Centre for Policy Research, Delhi

[3] Historian S Irfan Habib

[4] International News October 2^nd 2010- “Babri Mosque ruling allows ‘modern’ India to move on”

[5] The Times of India

[6] Historian Ramachandra Guha

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The following was submitted by the Friday Forum to the LLRC today by Mahen Dayanada, former Chairman, Ceylon Chamber of Commerce. Friday Forum Members who associated with the submisson are;

1. Jayantha Dhanapala
2. Most Rev. Bishop Duleep de Chickera
3. Professor Arjuna Aluwihare
4. Suriya Wickremasinghe
5. Dr. A. C. Visvalingam
6. Jezima Ismail
7. Manouri Muttetuwegama
8. Dr. Deepika Udagama
9. Dr. Selvy Thiruchandran
10. Dr. Camena Gunaratne
11. Dr. Jayampathy Wickramaratne
12. Sithie Tiruchelvam
13. Ahilan Kadirgamar
14. Lanka Nesiah
15. Dr. Anura Ekanayake
16. Dr. Nimal Sandaratne
17. Prashan de Visser
18. Mahen Dayananda
19. Professor Gananath Obeysekera
20. Professor Ranjini Obeysekera
21. Suresh de Mel
22. Ranjit Fernando
23. J. C. Weliamuna
24. Damaris Wickramasekera
25. Shanthi Dias
26. Chandra Jayaratne

With Warm Regards,

Chandra Jayaratne

###

INTRODUCTION
The Friday Forum is an informal gathering of public spirited persons committed to contributing to the future development of Sri Lanka within a framework of democracy, pluralism and social justice. The Forum brings together a diversity of expertise and viewpoints reflecting its membership consisting of academics, various professionals, retired diplomats and civil servants, educationists, leaders of civil society organizations and leading personalities from the business sector. Furthermore, our membership reflects the diverse ethnic and religious composition of Sri Lankan society. The Forum meets regularly to discuss issues of public concern and to make interventions in the public interest.

The Forum wishes to place on record the following submissions forwarded to the LLRC for its consideration. The submissions are made in a constructive spirit. It is hoped that the Forum’s observations and views will be given due consideration by the LLRC in its deliberations and in the formulation of final recommendations.

Based on the knowledge and expertise of the Forum, its submissions are confined to the subject of promoting national unity and reconciliation.

1 THE PATH TO NATIONAL UNITY AND RECONCILIATION

1.1 At the outset the Friday Forum wishes to emphasize that the path to national unity and reconciliation lies in a process of sustained policies and sincere efforts for which leadership must be given by the State. Reconciliation cannot be achieved in a short period or through a few steps.

1.2 While the resettlement of the IDPs and economic development of the war-affected areas are essential steps in this process, those steps alone will not result in national unity and reconciliation. We wish to emphatically point out that efforts at reconciliation must be based within an overall framework of governance that helps build confidence among the various communities of the nation. If the overall nature of governance does not instill confidence, then whatever policies and efforts are put in place to achieve national cohesion and unity, they are bound to fail. Hence, strengthening of democratic governance, the Rule of Law and protection of human rights on the basis of equal rights should be essential goal posts on the path to reconciliation.

1.3 Democratic governance is essential to build confidence among minority communities. Confidence building is the key to reconciliation. Governance that flouts basic principles of democracy instills fear and uncertainty. Forging meaningful reconciliation in such a negative environment is an impossible task.

2. LEARNING LESSONS FROM THE PAST

2.1 The past must be looked at not with a view to apportioning blame for the rise in ethnic tensions and violence, but to learn lessons so that we can build an ethos of saying
“never again”.

2.2 To view the genesis of the ethnic divide from a human rights perspective will help future efforts at reconciliation and in finding solutions. Positions tend to harden when the past is viewed purely from a political perspective.

2.3 The ethnic conflict/divide was brought about by a multitude of reasons –grievances based on violation of language rights, access to public employment, education and indeed a fair share of political power. Peaceful protests were met by violence, which in turn led to retaliation, thus giving birth to an ever intensifying spiral of violence in which original grievances often got overshadowed. The escalation of the ethnic conflict has given rise to demands by the Muslims and to increased apprehensions by Tamils of recent Indian origin as well.

2.4 In viewing the past, it is necessary to recognize that perceptions of discrimination have contributed to the ethnic divide just as much as proven discrimination. In a divided society, it is essential to address those negative perceptions as well.

2.5 While national unity may require the building of a common national identity for all, yet effective reconciliation among the various communities can be achieved only if there is recognition of the importance of different identities and the need to respect and protect those identities. A cohesive national identity could be wrought only through recognition and respect of diversity.

2.6 The failure to uphold Article 29.2 – the minorities protection clause – in the Soulbury Constitution and in particular the disenfranchisement of the Up-Country Tamils soon after independence was a major blow to minority rights. The political changes introduced since 1956 and the introduction of the ‘Sinhala Only’ policy polarised the country along linguistic lines. The failure to implement the Bandaranaike – Chelvanayagam Pact of 1958 and the Senanayake – Chelvanayagam Pact of 1965 were additional causes for loss of confidence in political engagement.

2.7 The adoption of the first republican Constitution offered a golden opportunity to construct an inclusive constitutional order. Unfortunately, the 1972 constitution with a Sinhala only policy, a unitary state structure, lack of protection for minorities and the alienation of the minorities exacerbated the division. The centralisation of state power under the executive presidency, entrenchment of the unitary structure and the undermining of possibility of a political solution through devolution brought about by the 1978 constitution further aggravated the situation.

2.8 Riots and violence, including those with state complicity in 1958, 1977 and 1983 and the burning of the Jaffna library in 1981 politically alienated the Tamil community in particular.

2.9 The inability of the South to put forward a political solution, and the irresponsible 1976 Vaddukottai resolution of the TULF calling for a separate state led to the further escalation of separatism.

2.10 While the genesis of the ethnic conflict can be traced to violation of group rights, the armed conflict in the north-east (pre and post 1983) gave rise to new types of human rights violations, mainly those pertaining to right to life, liberty and personal security. With the emergence of a national security state in Sri Lanka (some may argue that this actually happened with the declaration of emergency in 1971) life for many in the Tamil community were defined by the operation of emergency regulations and the PTA. So, for instance, movement, residence, where one worked and schooled, whether families could live together or not, were all determined, directly or indirectly, by the operation of those laws. In that backdrop citizens witnessed large scale human rights violations in the form of arbitrary arrests and detention, torture, involuntary disappearances and extra-judicial killings. Emergency powers and the PTA entrenched a strong culture of impunity.

2.11 The fact that violations also did occur in a most egregious manner in the south during the two JVP insurrections cannot be used as a defence. Violations of that magnitude are wrong wherever they occur. However, violations in the north-east had an additional sinister connotation—that it was not only the hunting down of “subversives”, but also the punishment of an entire community. Needless to say, the situation widened the ethnic divide and created an environment of mutual suspicion and the “demonization” of the other.

2.12 While the burning of the Jaffna Library is a cultural atrocity of the worst order, the 1983 anti-Tamil pogrom left the most painful legacy. The personal pain of those survivors is very palpable. While it may appear that those who were affected have moved on, there is no doubt that the pain lingers on. Living through the reality of being persecuted and rejected with the connivance of one’s own state, simply for being who you are, is an experience that no citizen must undergo. Yet, today we do not even remember the anniversary of Black July.

2.13 That anniversary should be commemorated each year to say “never again”; to pledge to recognize the beautifully diverse mosaic that is Sri Lankan society; to co-exist with mutual respect and equal rights. In that context the commemoration only of “victory day” or “war heroes’ day” worsens the ethnic cleavage. War heroes deserve their special place in history. But we cannot forget that the nearly three decade war is a national tragedy in which almost all who died on either side of the battle lines were citizens of this country (excepting members of the IPKF). To memorialize only the victor denies to the nation an opportunity to unite in memorializing all those who died in this tragedy and to reflect on past mistakes that paved the way for the war. The war heroes gallantly died to unite the country. The best tribute we can pay them is to bring about national unity.

2.14 It may also be prudent that there be an official public apology to those fellow citizens who were victimized in the riots of 1983. It may be a bold measure requiring a great degree of political courage, but it will take the divided communities a long way toward reconciliation. (Minister Patali Champaka Ranawaka is reported to have apologized for the burning down of the Jaffna Library during a recent visit to Jaffna). Such an apology could well bring about national introspection and compel at least some offending parties across ethnic lines to accept past mistakes with humility. Acknowledgements of that nature could go a long way to heal wounds of the past.

2.15 That the LTTE and other armed groups in the north-east were also guilty of serious human rights abuses has to be recognized and articulated. Discrimination against one’s community in no way justifies the manufacture of human bombs and the use of child soldiers; summary executions and torture chambers and the assassination of persons for their beliefs. However, it has to be noted that those groups are no more or have joined the political mainstream.

2.16 What is required now is for the State and all segments of society to learn from that painful past and to develop a future vision for national unity and reconciliation. The obligation is primarily on the State to provide a protective umbrella to all its citizens based on the principles of equality and non-discrimination, while recognizing distinct identities.

3. DEVELOPING A FUTURE VISION FOR RECONCILIATION

The end of the war was welcomed by Sri Lankans with great expectations. It presented the country with a unique opportunity to reflect on the ills of the past and to forge ahead with radical political reforms; further democratize governance; to win the hearts and minds of the minority communities; and to realize meaningful development. We may have lost precious time, but it is not too late to take corrective measures. Not to do so will be to once again perpetuate the curse of lost opportunities and to incur the wrath of generations to come.

With the end of the war, the expectation foremost in the minds of many a citizen was that the first priority of the government and all political parties would be to take constitutional measures to provide a durable solution to the ethnic divide. A war weary nation needed reassurances that it would not slip back to war again.

It has been suggested that the average war affected citizen has no interest in constitutional reform. We disagree. Needs can be articulated in different ways. A simple demand for better security or basic needs is in effect also a demand for a political order that can deliver the goods. Sentiments expressed by the average citizen must not be interpreted so as to postpone the search for a political solution. It is not surprising that citizens who are traumatized by the war wish to have their immediate needs met; however, that does not mean that they do not crave a permanent solution to the larger political issues that have placed them in such a vulnerable situation in the first place.

Given the consensus reached within the APRC on the recognition of minorities, power-sharing at the centre, devolution of power to the regions, and the empowerment of all the communities, the priority need is for the President, the government and all political parties to immediately move on a political solution building on that consensus. Such proposals will give great confidence to the minorities and be a major step towards political reconciliation.

Urgent political engagement to adopt a constitutional solution will help remove the distrust and suspicion entertained by the minorities, particularly the Tamil community, brought about by past failures. The failure of successive governments to make the 13th Amendment and devolution of power work even in the South has left serious doubts as to whether devolution of power will ever be effective in the north-east. The opportunism of the UNP and the failure with the Draft Constitution of 2000 to seal a consensus towards a political solution further aggravated this sense of distrust and political betrayal.

Given the urgent need to work on a political solution, it is extremely unfortunate that the government swiftly moved instead to adopt as an Emergency Bill the 18th Amendment to the Constitution to further bolster powers of an Executive President by, among other things, removing term limits and the significant checks inherent in the 17th Amendment. The Friday Forum publicly voiced its serious objections to the content of the 18th Amendment and the manner in which it was adopted without providing adequate opportunity for public debate. Such moves, among other things, can only deepen suspicions entertained by the minorities and alienate them further from structures of governance.

Meaningful constitutional reform should necessarily put in place a strong legal régime of human rights protection. The evolution of human rights violations before and during the war points to the need to recognize that healing, reconciliation and looking for a better future require a holistic view of human rights. One is reminded of the truism expressed in the Universal Declaration of Human Rights (1948)—“…that if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law…”

Meaningful steps taken to protect human rights must recognize the principle of indivisibility of rights—that is to say that all rights, be they political, economic, social, cultural or civil, must be given constitutional recognition. Similarly, both individual and group rights must be recognized. All rights must be recognized within a strong framework of equal protection and non-discrimination. Provision must be made for effective remedies for violations of human rights. Other than courts, institutions such as the Human Rights Commission and Police Commission play a key role in this regard, but only if they can function independently.

Sri Lanka has a proud record of being a party to a number of international human rights treaties. International obligations under those treaties must be discharged in good faith. The government must constructively engage with international human rights mechanisms with the sincere objective of improving human rights protection at home. That is a win-win formula that benefits both the people and the government. To engage with international mechanisms with suspicion and disdain through politics of confrontation is a losing formula that can only result in loss of faith in the administration both among the international community and the peace loving people of Sri Lanka.

Today, human rights discourse in Sri Lanka appears to be mainly focused on the rights of IDPs. This is understandable. However, it is imperative that both the government and civil society actors have a long term view of rights protection. Even when the last IDP is well resettled, could we as Sri Lankans honestly say that we are on the right path? This compartmentalized way viewing rights protection, or for that matter any human endeavour, is short-sighted and counterproductive.

It must also be recognized that even within one group/community there are different voices. For example, women within an ethnic community will have distinct demands based on their life experiences. Meaningful human rights protection requires that future policies and reforms take those distinct demands into consideration. The Friday Forum urges the Lessons Learnt and Reconciliation Commission to make a special effort to give opportunities to women, youth and other such groups from various communities to express their views.

Where constitutional protection of human rights is concerned, it has to be noted that the deficiencies in the 1978 Constitution have been studied and discussed extensively. In fact, so far there have been three draft bills of rights (1997, 2000 and 2009) formulated under respective governments to rectify the shortcomings. The latest, which was drafted under the auspices of the previous Ministry of Constitutional Affairs and National Integration, was submitted to the government in 2009. This draft is a very progressive document that incorporates cutting-edge thinking on rights protection (both international and comparative). Friday Forum wishes to urge its incorporation, after public deliberation, into a future Constitution.

Constitutional reform will be fruitful only when a Constitution’s entire scheme is cohesive, and where that scheme is democratic and inclusive. Even a comprehensive bill of rights will be ineffective when placed within an undemocratic constitutional scheme. We, therefore, urge that piecemeal tinkering with the existing Constitution be avoided at any cost.

Friday Forum wishes to emphasise that constitutional reform alone is by itself insufficient to bring about lasting peace and stability. The political culture and the nature of political leadership must necessarily change, upholding democratic rights, equality, rule of law, and justice.

4. POST-WAR ECONOMIC PROGRESS

That the war retarded economic activity in the country is no secret. The post-war period offers great hope of achieving economic progress. Having said that however, the Friday Forum wishes to emphasise that economic progress must not be viewed in isolation from other national priorities of democratizing governance, finding a durable political solution to the ethnic question and achieving national unity and reconciliation.

Historically agriculture has been the mainstay of our economy with manufacture and IT related services still at a fairly early stage of development with the possible exception of the apparel trade. Exports are extremely important to our economy with the major areas being apparel, tea, rubber and coconut products. Apart from exports, we have over the past 10 years attracted approximately USD 3.7 billion per annum attributable to overseas remittances originating from Sri Lankans working overseas with particular concentration in the Middle East. Our export connections have been developed over several decades and this applies particularly to tea, rubber and coconut products. The apparel sector is a more recent development although performance has been extremely encouraging with the United States of America and the European Union being our major markets.

Against this background, it is important to bear in mind that we are connected intimately with most countries around the globe particularly as trading partners. Needless to say good relations with these countries will ensure that our trading relationships are not only maintained but enhanced in the future. It is extremely important to accept and acknowledge that future economic progress has to be built against the background of a strong platform of democracy and decency. Good governance is becoming increasingly important in the current context of connectivity particularly with some of our more important trading partners including the USA, EU and Japan as the recent GSP + episode proved. These three economic giants, in particular, are vitally important in maintaining our current standing as an exporter not only of commodities but also of apparel and some manufactured goods such as ceramics.

In the area of tea exports, Russia and several countries in the Middle East, not forgetting former parts of the USSR play an important role. However, demand merely from particular segments would not be sufficiently widespread to ensure a positive overall outlook for our commodities.

In addition, a major part of our tourist arrivals still originate from the UK and numerous other European destinations. It is a sine-qua-non that very many tourists in general seek to visit destinations which offer political stability, protection through the Rule of Law, freedom of choice and ethical standards of conduct all of which are underpinned by strong principles of democracy.

In summary, it is important to maintain a regime of good international relations with the rest of the world. To do so requires the elimination of any negative perceptions with regard to our democratic institutions and principles. Further more, it is our view that the commitment to good governance in a country provides a significant level of comfort to end users/buyers of our different commodities.

There is no doubt that the Sri Lankan diaspora too will invest in the country in a sustained manner only if there is progress in the good governance front with a sincere commitment on the part of the government to national reconciliation through a durable political solution to the ethnic issue.

5. SPECIFIC RECOMMENDATIONS

The Friday Forum believes that the following activities should commence immediately in order to create an effective overall framework for national unity and reconciliation in the spirit of principles identified above:

5.1.1 Commence discussions between the government and all willing political parties to take forward the APRC consensus in order to negotiate a durable political solution to the ethnic question.

5.1.2 Find ways and means of doing away with, or at least gradually phasing out, the state of emergency, the Prevention of Terrorism Act (PTA) and High Security Zones. Such steps should be effectively explained to the public. It will go along way in lifting the “siege mentality” of a war-affected society.

5.1.3 Similarly, a rational policy must be developed regarding LTTE suspects; there is a great degree of confusion regarding the currently employed categorization and disparate treatment of suspects.

5.1.4 A policy for reunification of war-affected families must be put in place urgently. We understand that a large number of persons have testified before the LLRC to that effect.

5.1.5 Find ways and means of implementing the official languages policy in an effective manner, particularly at service delivery points such as police stations, post offices, government offices, banks.

5.1.6 Utilize the current education reform process to urgently review school curricula in order to revise lessons that perpetuate ethnic divisions through, e.g., portrayal of certain ethnic communities as “invaders”, “outsiders”, “enemies” “subordinate” and the “other”. All relevant curricula should infuse a strong sense of equal national entitlement and belonging of the various communities of Sri Lanka. “Celebrating the beauty of our diversity” should be a golden thread that runs throughout our education system.

• If Sri Lanka is to make lasting attempts towards reconciliation the concepts and philosophy of reconciliation needs to find its place in the countries education system.

• Including in-depth lessons on the richness of Sri Lankan diversity and how it refines us as a nation is a very strong approach. It will also create a stronger resistance against prejudices and attempts to instill animosity in their minds. Without a resistance to the prevalent prejudices these students are bound to succumb to the hatred and repeat the cycle of distrust and division.

• The teaching of comparative religion and ethics in school is advocated over the teaching only of one’s own religion. Such an education should focus on values that are common to all faiths and the potential of those values to enrich life in a diverse society. The exam-oriented education system fails to refine the student as a person; such an objective needs to be a central focus in reforming the education system. The effectiveness of a school in producing students with civic consciousness should be measured within holistic education that includes sports, extracurricular activity, trilingual ability and exposure to broader Sri Lankan culture.

• Having the nation’s best student leaders to interact with each other and create networks to develop their leadership and ability to make a difference around the country is a unique opportunity. The thousands of Sri Lankans born to the war generations have not met a person of a different ethnicity or have not called one “friend”. This is a crisis but also an opportunity to ensure that prejudices die and new relationships that define a common Sri Lankan identity blossom. Bring students with similar interest and abilities to emulate the same sort of model would also prove to be effective, e.g. sportsmen, orators, actors, musicians. Their similarities will bring them together but it is their differences that will keep them together and will sharpen each other

5.1.7 It follows then that the above process should commence a serious dialogue on how to end ethnic/religious segregation of schools. The separation of children belonging to various ethnic and/or religious communities throughout their school life is a strong dividing factor in Sri Lankan society. Often segregation is justified on the basis of language. We strongly suggest that resources should be developed to provide trilingual education at least up to secondary education. Whatever the cost of such an endeavour may be, we believe that it is truly a worthwhile national investment.

5.1.8 Policies that segregate university students along regional lines (hence often ethnic lines) must end. Steps must be taken to ensure all public universities have integrated student populations with a choice of courses offered in the three language media. Currently, it does appear that most Tamil speaking undergraduate are confined to the North and East and the Sinhala speaking undergraduates are sent to universities in the South. These psychological delimitations must now decisively end.

5.1.9 A policy must be formulated for all national events, publicity programs (e.g. promotion of tourism) etc. to be designed and implemented in a manner that portrays and promotes the identities of all communities on an equal footing. In other words the appeal is to eschew tokenism at these events and promotions. A very negative aspect of the minority experience anywhere is to be treated with condescension/tokenism. Reconciliation requires the creation of an environment that promotes “equal national belonging” of all groups in society.

The Friday Forum has over many months focused attention on the development programs launched by the government in the North and East. Following are some of the observations and recommendations in that regard:

5.2.2 Development, especially in a post-war context, should pay a great degree of attention to promoting healing, human well-being and restoring confidence. In any event, we recognize development as a process that is focused on developing human dignity and potential. While large infrastructure projects undoubtedly have their direct and indirect value, emphatic attention must be paid to alleviating human suffering brought about by the war. Such suffering is at the same time economic, physical and psychological. Community development, therefore, must be a priority of those programs.

5.2.3 Civil society actors of all ethnic communities must be able to work together in assisting in the reconciliation and development processes. The government must encourage such activities. We doubt that a top heavy approach to reconstruction and development will help forge national unity in the long run. The active participation of civil society is an attribute of a true pursuit of reconciliation. Emotional scars that have been created during three decades of war need to be addressed. Doing so will ensure that true reconciliation is experienced by broader society.

5.2.4 Relevant communities must be made aware of government plans, with ample opportunities given for community consultation. To impose state policies on communities which they may not necessarily agree with will only lead to resentment and further division. Civil forums where people from Sinhala, Tamil and Muslim backgrounds can freely share grievances caused to each other will prove to be a very effective concept. Such forums were highly effective in post -conflict Northern Ireland, Rwanda and South Africa. A similar format to the civilian forums for reconciliation should also be emulated by the State. This forum can be an ideal setting to put the record straight on inaccuracies in perception on the State’s objectives and positions on a range of issues. Such forums would also be an ideal opportunity to congratulate the State on areas that have been successfully dealt with and critique the State in areas that have been overlooked. The ability to create an atmosphere of free speech and expression will be invaluable in many ways, not only creating trust in the hearts and minds of the people you serve, but also disarming any kind of growing hatred and mistrust.

5.2.5 To the maximum extent possible civil administration must be restored in the North and East. Whilst the military can play a creative role in reconstruction and rehabilitation, it is imperative that the civilians see and feel that their everyday lives are administered by civilian authorities. Such steps will assist in removing a “war psychosis” and help in the process of healing and reconciliation.

• In conversation with Dr. Paikiasothy Saravanamuttu
• Needed: An Agenda for Reform on Groundviews
• Traditional solutions for modern day problems
• Lionel Bopage: Reflections on the Current Situation in Sri Lanka
• Jayantha Dhanapala responds to erroneous and selective media reports of his submission to LLRC

Dear Mr. Samarakoon,

Recommendations for ICT and Research Supported Enhancement of the Effectiveness of the LLRC

As a follow up to the submissions made before the Presidential Commission on Lessons Learnt and Reconciliation on 23^rd September 2010, I have pleasure in submitting the following recommendations for enhancement of the effectiveness of the LLRC, leveraging Information Communications Technology and Research options;

• The LLRC to take urgent steps to set up a widely publicized, fully functional multi lingual web site,  to serve the following facilitation needs of the Commission and at the same time satisfy the communication needs and expectations of the stakeholder publics;

1. Information on the Warrant of the Commission, Details of Commissioners, Staff of the Commission, Contact details, Progress to date including public hearings and visits, Notices published by the Commission,  Events and hearings calendar, Picture Gallery, News/Publications and Press Releases, FAQ’s, Useful Links,
2. Stakeholder public duly identifying themselves and stating their full personal and identity details be allowed to file their submissions before the Commission via the web, in the language of their choice. This will provide a link in effective networking with the Commission via the web, using the communications service centre’s spread across island, with the web allowing the discretion to be exercised by the subscriber in regard to the choice as to whether  such submissions are to be available for public viewing or not. The webmaster will however retain the final authority on publication related decisions. Where full transparent information communications are desired, the public at large can also be allowed to make comments on these web entries publicly available for viewing. (ie similar to the facilities available to subscribers of Groundviews and Transparency International Web sites)
3. The Commission could place for public comment strategic questions as well as requests for comments on focused subjects and areas. The Commission can thereby invite public comments, information requests, and even public vote for and against stated issues, positions and suggestions.
4. Interim Reports ( non Confidential nature ) of the Commission

• Initiate setting up of a web facilitated “Integration and Reconciliation Fund” for voluntary subscription by  Sri Lankan citizens including the Diaspora, Local and Multi National Businesses, International Community, International Funding Agencies, NGO’s and Philanthropists. The Fund should be administered by duly appointed Trustees with a Bank as the Fund Manager. The resources so mobilized will be used for provision of  essential and prioritized spends in supporting relief, resettlement, reconstruction, reconciliation and re-awakening needs of conflict affected areas  and residents of the North and East, as directed by the Commissioners
• Set up Research Unit to support the information needs of the Commission. This Unit comprising of young multi-disciplinary professionals with required language proficiency and technology capability, be recruited on contract or as volunteers to serve as apprentices and engage them to scan the available publications, research reports, surveys, workshop outcomes, available on the web, libraries and with civil society organizations, as well international experiences in areas of relevance and any focused areas determined by the Commission
• Set up an Information Processing and Validation Unit which will inter alia process, analyze, summarize, validate and control all submissions, complaints and information received by the Commission  / Commissioners via delivery, post or web (including the responsibilities for the facilities referred to in 1 above) and should include some professionals with expertise in investigations, web management and information technology management
• All staff members, volunteers, apprentices and service providers be required to enter in to Information Secrecy and Non Disclosure contractual commitments.

I trust that you will kindly share these suggestions with the Commissioners and take early steps towards the implementation of accepted recommendations.

Wishing you and your team all success in effectively supporting the Commissioners in delivering the desired outcomes as per the Presidential Warrant..

Yours Sincerely,

Chandra Jayaratne

[Editors note: Also read Submission before Lessons Learnt & Reconciliation Committee (LLRC) by Chandra Jayaratne]

• Archive of Lessons Learnt and Reconciliation Commission (LLRC) submissions and media reports
• A slumbering LLRC: The image of reconciliation in Sri Lanka?
• LLRC: Interim report to Government
• Behind the IMF bail-out and the state of the Sri Lankan economy with Harsha de Silva
• THE LLRC AND COMPLAINTS OF DISAPPEARANCES OF PERSONS

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1. Appreciation of Opportunity
The eminent members of the Commission and its Secretary are thanked for extending, on their own accord, this opportunity to make submissions before the LLRC. These submissions draw on a wide canvass, strictly within the scope of the warrant of the LLRC and stress issues of concern and detail specific action recommendations for due consideration by the Commission. The LLRC is kindly requested to note that all submissions made herein are based on personal beliefs and commitments and does not represent views of any of the present or past affiliations and positions of leadership held in any private sector or civil society organizations.

2. The Immediate Correction of the Lost Opportunity
The opportune moment to reflect on the conflict of over thirty years and the consequential sufferings the country and its people have gone through as a whole, and then to have recognized and regretted past mistakes as a part of a process of atonement should have been led by the leaders of the nation last year, concurrently with the post war celebrations. Thereafter the leaders should have collectively taken immediate strategic steps to redress grievances of the impacted communities and laid down the foundations for effective reconciliation, having regard to the common aspirations of all citizens made partners in an initiative of sustainable and equitable socio –economic development of the nation. This process should have embedded Relief, Rehabilitation, Reconstruction, Reconciliation, and Reawakening of the North and East as well as economically backward regions. This was yet another missed opportunity that our leaders ignored, similar to the previously missed opportunity post the Tsunami. It is recommended that a formal process leading to a public expression of regret and apology to war victims be arranged as a part of the processes led by this Commission’s recommendations.

3. “Pay It Forward” for National Reconciliation and Integration led Collective Consciousness/Value System
Towards effective national reconciliation and longer term integration of all segments/communities of citizens of Sri Lanka under an agreed vision, which embeds itself as the collective Consciousness/Value System of all, the President, the government, the opposition, the international community and the civil society should jointly launch a well planned initiative which encourages, motivates and supports groups of school children, youth groups, service clubs, professionals, business and elders to sustainably take forward the concept of “Pay it Forward” as a social movement of doing acts of good towards national reconciliation and social integration of society at large, irrespective of identities and build a collective value ethos-  “We are all Sri Lankans bound together by one national ethos and commitment”.

“Reuben St. Clair, the teacher and protagonist in the book “Pay It Forward,” starts a movement with this voluntary, extra-credit assignment: THINK OF AN IDEA FOR WORLD CHANGE, AND PUT IT INTO ACTION. Trevor, the 12-year-old hero of “Pay It Forward,” thinks of quite an idea. He describes it to his mother and teacher this way: “You see, I do something real good for three people. And then when they ask how they can pay it back, I say they have to Pay It Forward. To three more people each so that nine people get helped. Then those people have to do twenty-seven.” He turned on the calculator, punched in a few numbers. “Then it sort of spreads out-see-To eighty-one. Then two hundred forty-three. Then seven hundred twenty-nine. Then two thousand, one hundred eighty-seven. See how big it gets?”

4. Collective Commitment towards Re-building Conflict Affected Areas and Economically Disadvantaged Regions
As a measure of all citizens of Sri Lanka accepting collective accountability and the responsibility towards re-reconstruction and Re-awakening of conflict affected areas as well as economically disadvantaged regions, it is  recommend that the November 2010 budget impose a consumption tax of one percent to be added to the current level of VAT, with the entirety of the additional tax collected being channelled to a common fund and used in satisfying the community determined priority needs, with half of the funds collected being allocated for conflict affected area relief, resettlement, rehabilitation, reconstruction, reawakening and the balance allocated in pursuit of similar purposes in the economically backward regions of the country. The fund should be administered with transparency and due accountability by an independent Board of Trustees.

5. Equitable and Sustainable Allocation of National Resources
It is believed that years of inequitable allocation of national resources and consequential disparities in regional economic development, infrastructure development and public service delivery have sown the seeds of discontent and disillusionment leading to conflict, insurrections of the South and the North and even the armed struggle towards a separate administration. Learning from this lesson it is recommended that a Parliamentary Standing Committee be empowered to validate that all future public spends (both of a revenue and capital nature) in excess of Rs 500 million per each item of spend, including all single line item spends proposed in the budget and in any supplementary estimates to be disbursed by the central government directly or through provincial and / or  other local government authority or public corporation or state owned enterprise, are equitably allocated and are devoid of any regional, ethnic, religious, caste, status linked bias and are supportive of poverty alleviation, achievement of millennium development goals, social infrastructure and public services/utilities linked investments, livelihood/ life style oriented economic enhancements and environmental sustainability.

6. Priority Resource Allocation for Women, Children and Disadvantaged Groups
Women, children and other disadvantaged groups like war widows, single parent families, disabled and aged, require priority resource allocations within the overall package of Relief, Rehabilitation, Reconstruction, Reconciliation, and Reawakening, These packages should be need based, developed with professional care (especially where soft services like counseling/mentoring and psycho-social support for trauma victims etc are concerned) and delivered on a specifically targeted basis by competent persons.

7. Risk Management in Resource Allocation Decision Making
As certain identified groups could be left out of or given less priority in the delivery of packages of Relief, Rehabilitation, Reconstruction, Reconciliation, and Reawakening, or in connection with access to infrastructure, public services delivery, banking and financial support and livelihoods development options, due to administrative reasons, political bias, ethnic/religious or caste driven biases, it is essential that decision making be seen and accepted by the local communities to be fair, just, and equitable. It is therefore recommended that the decision making in relation targeted areas of allocation support and in determining acceptable priorities be devolved down to the respective village level and directly involve village community leaders. The structures and systems of the proven successful World Bank sponsored “Gemidiriya” style Programmes may be an acceptable model of community participation led development at village level.

8. Language Sensitive Public Service Delivery
It is recognized that language proficiency in Sinhalese, Tamil and English in the provision of public services has been a major reason for disillusionment and discontent amongst the communities. A policy change, curriculum development, teacher training and the use of modern day teaching aides will be required to enrich this capability in the present day young. Whist this long term goal is pursued with effective leadership commitment, a short term solution will need to be developed to meet the interim needs. Information Communications Technology (ICT) tools can in the interim serve the needs of the communities. With over 10 million cell phones in use, with newer generation data transmission devises/facilities and internet connectivity now freely available even in villages via Nenasala’s, communications centers and internet cafes, the public have within easy reach access points. All that is needed now is for State administrative reforms to leap frog in to ICT based service provision platforms and link all key government departments, police stations, district secretariats, and public authorities etc within an upgraded service capability embedded ICT platform. With the use of appropriate Information Communications Technology, the government should establish platforms of connectivity for citizens to lodge, in their language choice,  using public internet service providers, police complaints, complaints with the appropriate authorities against state official and state agencies and / or complaints against inadequacies/ineffectiveness  of state services  and also in seeking information and services from the state and state agencies and to receive an automatic acknowledgement subject to announced service standard commitments.

9. Capability (Knowledge/Skills/ Values and Attitudes) Enhancement
It is widely acknowledged that one of the most effective strategies towards reconciliation, integration, peace, harmony and prosperity is through the capability enrichment of all persons (young, youth, employed/unemployed and elders of both sexes including the disadvantage persons), encompassing knowledge enhancement, skills development, embedding acceptable attitudes and work ethics and building a commitment to accepted values of society. It is recommended that all potential network partner institutions, including relevant government departments, schools, skills providers, higher education and professional education providers, technical training providers, livelihood developers, private entrepreneurs, publishers and media, international development partners, local and foreign non profit organizations, and the Diaspora be networked and encouraged to provide value adding options to all targeted segments in accordance with a master plan drawn up by a team of competent and independent professionals following effective community consultations and implemented with effectiveness and transparent information, progress tracking and with due accountability to the local level communities served.

10. Economy, Efficiency and Effectiveness of Public Spends led National Integration
Assuring Efficiency, Effectiveness and Economy of Public Spends is a strategic tool in moving the nation towards sustainable peace, harmony and prosperity ensuring effective reconciliation and integration of communities. On the contrary the failure to optimize the economy, efficiency, and effectiveness of public spends and in managing key public sector capital and revenue projects on a timely basis, within budgeted costs, realizing the set objectives and delivering to the targeted segments of society the desired outcomes meeting their aspirations will lead to disparities, discontent and disillusionment. Towards this objective, it is essential that state reforms be initiated early, aimed at improving the capability, productivity and quality/timeliness of public services to consistently deliver publicly committed to minimum service standards. Transparent project tracking, use of  ICT leveraged project management tools, post audits, and a management information system that delivers timely information in a transparent and easy to understand way will deliver to the stakeholder public information and lead to satisfied communities. If such information systems are supplemented by a “Right to Information Act” that empower stakeholders to receive credible information within a defined framework of accountability, the public discontent and disillusionment can be reduced substantially. In addition the Public Accounts Committee and Committee on Public Enterprises should be presented with and conduct outcomes based reviews of post audit reports compiled after completion of all spends referred to in 3 above, recording therein the due discharge of accountability by responsible persons in achieving the set objectives and goals, implementation efficiency/effectiveness and outlining lessons learnt and recommendations for action.

11. Livelihoods Development Supportive Banking & Finance Sector
Regions disproportionately contribute to growth, national income and national savings. These regions also receive disproportionate shares of national resource allocations, available finance, and infrastructure investments. These disparities are a key factor leading to discontent and disillusionment of communities of citizens. Whilst national resource allocation spends are overviewed by a parliamentary standing committee as recommended in 3 above, it is further recommended with the objective of delivering sustainable and equitable economic growth and prosperity post war, that the banking and finance sector of Sri Lanka be restructured and committed to stand capable, stable and solvent with its resources endowed to support the action strategies to be implemented by the government in partnership with the formal and informal private sector, including small, medium and micro enterprises. In the current context of the global economic and financial crisis, and signs of financial instability with a few significant corporate collapses in Sri Lanka, the Government has already taken some steps towards arresting possible instability in the local financial markets. While these strategies would stimulate sustainable economic activity, there is yet an unfulfilled need to have in place additional measures of supporting the internally displaced persons and others impacted by the conflict as well as small and medium entrepreneurs, micro entrepreneurs and self employed persons across the country (specifically those in the conflict affected areas and economically backward areas) with short and long term capital, venture capital and financial and insurance services. The filling of this void within an effectively supervised and controlled financial services sector will go a long way towards enhancing life and livelihood needs of the communities.

12. Restore Effectiveness of International Relations
Development of benchmark international relations, sans hostility, rhetoric and sarcasm and extending a genuine hand of friendship, co-operation and understanding of individual national interests moderated to a mutually acceptable international norms will be key to development and prosperity of the nation in the longer term. These relationships should be built on forward looking visionary foundations, recognizing those who stood by this nation in the immediate past, those who contributed heavily to current development assistance needs, as well as to those nations and international development partners who will be able to provide much needed for future development linked to market access, foreign investments, knowledge/technology and best practice transfers. Such an international relationship platform will provide risk mitigation options and fall back support if and when needed at a future date.  Strategic regional and international interests must be recognized and managed with effectiveness to maintain our non aligned status and protect our national interests. Special emphasis is needed in managing the Regional relations with India, duly recognizing that the influences exerted by Central Government, Tamil Nadu State Government as well as the South Block of New Delhi can have a significant positive and negative impact on the stability, peace, harmony, development, growth and prosperity of Sri Lanka. The LLRC is urged to issue best practice guidelines in the above regard and also to hold a hearing of IDP’s resident in camps in South India and address their needs and aspirations in returning to their former places of residence.

13. Perceptions Management for Reconciliation and Integration
As much consumer perceptions impact heavily on brand management and corporate brand values of business, the perceptions of the conflict affected area residents and their friends and relations, as well as the perceptions of ethnic/religious/disadvantaged minority and even the majority community living in various parts of the country, the Sri Lankan Diaspora, International business, media and the powerful international opinion makers, institutions and nations,  are a key guiding factor in  their decisions to travel, transact trade/services business, make investments/technology transfers, lend money, promote, network and speak for or against Sri Lanka and its internal and external relations and recognition as a democratic and independent nation upholding internationally accepted values norms and conventions. These perceptions created by purported disclosures, pictures and recordings, as related by impacted persons, third parties and relations of impacted persons or as seen or heard by media persons, independent institutional representatives and / or by investigative journalists and thereafter spread by rumour, media or conveyed by modern ICT medium have long standing negative impact on reconciliation, integration, peace, harmony and prosperity. Some of these perceptions commonly referred to in discussions include;

• IDP’s being denied access to their former places of residence
• Challenging the right to title of the properties traditionally owned and /or occupied persons living in conflict affected areas
• Large tracts of previously occupied lands being demarcated as high security zones
• Unjustified land acquisitions on security considerations but allocated for non security related purposes
• The publicly announced resettlement benefits to internally displaced persons not being distributed equitably and in line with the announced scheme
• Lack of basic amenities like water, sanitation,  power and proper housing for the newly resettled families
• Resource allocation not determined on community priorities and allocated without consultation and outside the need base and at times missing the most vulnerable and in need, possibly due to identity based biases
• Some areas like Jaffna receiving more than necessary resource allocations and peripheral areas lacking in even basic allocations
• Preventing willing and capable NGO’s/INGO’s,  international community and Diaspora from helping people in need at their most vulnerable moment of need
• Building of new permanent military cantonments with residential facilities for military personnel and their families
• Plans to settle majority community families in order to change the traditional area demography otherwise than by natural development oriented migration
• Arbitrary arrests and detention in the post war period as well
• Continuing active engagement of unauthorized armed groups
• Continuing disappearances of civilians
• List of persons in custody, camps and detention centres not being made public
• Failure to assist families in tracing missing persons
• Negative impact on civilians during the conflict due military excesses
• Unease of single women headed families fearing for their safety in the presence of large number of armed personnel of the forces
• Removal of burial sites of persons affected by the conflict
• Some important cultural, religious and remembrance sites being damaged and destroyed
• Disrespect shown by visitors to holy sites and sites held in high esteem by resident communities
• Free availability of liquor, cigarettes and narcotics
• Emerging consumerism promoted by business houses who fail to participate in adding value to the civilian communities
• Savings of the region being channelled to other areas whilst unmet needs of area community remain
• Decision making in the hands of the military or officials from the Central Government

It is recommended that the Commission validate the accuracy of the above perceptions, seek specific submissions in camera during visits to conflict affected areas to ferret out factual evidence and dispel invalid perceptions, accept correct factual evidence and make recommendations that facilitate reconciliation and integration.

14. Tourism and other Development Initiatives Sensitive to Socio- Religious and Ethno Cultural Values
It is important that internal and external tourism initiatives as well as other development initiatives, including those invested in to by the private sector, non profit organizations and international community are made to conform to conflict area community agreed guidelines and  check lists, thus assuring sensitivity to socio-religious and ethno cultural needs of the community.

15. Focus on Youth
Recognizing that the youth of the conflict affected areas can be the turning point in effective reconciliation and integration, the LLRC must focus its attention in bringing them within the scope of all initiatives planned and implemented in the area. The National Youth Survey II of 2009 not having covered Killinochchi, Mulativu and Mannar and only covered accessible parts of Jaffna, Vauniya, Baticaloa and Trincomalee, it is important that the LLRC commissions a special youth survey covering the conflict affected areas in developing its recommendations. The national survey has brought out that unemployment as one of the gravest issues facing youth, with only one out of the three youth being employed, despite three out of four of them having GCE O/Level or above qualifications. The Youth appear not to trust political parties, political representatives and the Police and a large majority wish to seek overseas employment options. It is believed that on these factors the conflict affected youth may have much stronger views and they are also likely to be more significantly impacted by unemployment and desire to emigrate as the only option they see for their future to be bright.

16. Freedom of Operation of Civil Society Organizations
There appears to be significant challenges and barriers placed in front of credible, and committed local and foreign non profit organizations. These barriers appear to hold back even institutions with proven track records of due compliance, in supporting the need based requirements of conflict affected persons in regard to Relief, Rehabilitation, Reconstruction, Reconciliation, and Reawakening. The LLRC must enable their effective and active engagement, considered vital towards reconciliation and integration, especially in the soft support areas ( including psycho social and trauma counselling needs) and dealing with affected women, children, elders, disabled, and disadvantaged.

17. Freedom of Movement, Migration Options and Social Mobility
The recent World Bank study titled “ Sri Lanka; Reshaping Economic Geography Connecting People to Prosperity “ recommends; “enabling geographic mobility of labour and improving economic connectivity between lagging and leading areas are key ingredients for countries to gain from rapid economic progress and convergence in living standards across places”. It is believed that nearly all youth of conflict affected areas desire to migrate overseas in seeking their life and livelihood goals. Identities related constraints appear to hamper effective social mobility in the conflict affected areas. The LLRC is requested to focus on issues connected with the freedom of movement and migration of citizens from conflict affected areas as well on identities related barriers to social mobility, as these are sensitive issues with high impact in the longer term on reconciliation and integration.

18. Encouraging Intellectual Discourse, Open and Independent Discussion/Debate on Critical issues
Open and independent discussions and debate as well as intellectual discourse on critical issues promoting and hampering reconciliation, integration, peace, harmony and prosperity must be encouraged at all levels and segments of society and be supported by all stakeholders of society, with specific emphasis on the state and media and therefore the LLRC is requested to make specific recommendations in this regard.

19. Hierarchy of Needs of Conflict Affected People
The LLRC is urged in interpreting external signals, information, data bases, survey reports, submissions, complaints and evidence of the conflict affected persons and officials engaged in conflict affected areas, to recognize  that only the utmost important immediate needs are likely to be surfaced by these persons who harbour doubts of the  moves and credibility of processes initiated by the government and officials of government and  in event are bound by cultural/social values of not freely expressing inner feelings and circumstances and also be heavily biased by experiences in history they have been subjected to. The LLRC is urged to extrapolate their evidence and submissions, bearing in mind the Maslow’s hierarchy of needs and accept that towards the apex of their real needs will include desires of devolution of state power, transparent good governance, equitable national resource allocations, effective public service delivery and internal security needs of being served and governed at village level by community elected and respected teams of persons who are representative of the community and enjoy their confidence. Towards this the LLRC is urged to give serious consideration in developing an effective governance model that fits their inner desire and determine how best such systems and structures of democratic governance and justice can be assured with Constitutional guarantees.

20. Genuine Commitment of the leadership
Recognizing that a credible visionary leadership, driving with accountability within an acceptable political culture, the nation and its people towards growth, development and prosperity, encompassing a democratic, fair, just, and  equitable governance structure and system embedded with adequate checks and balances that assure transparency, good governance, rule of law and rights/freedoms is fundamental to assuring long term reconciliation  and integration, the LLRC is urged to include appropriate recommendation towards such a governance framework.

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An e-mail invitation that went out to leaders of Civil Society and Human Rights Non-Profit Organisations on Monday, September 13, 2010 from the Secretary to the Leader of the Opposition stated that the “Leader of the Opposition would like to see you at a meeting to discuss Media Freedom and Democracy on Tuesday 14 September 2010 at 10.00 am at Committee Room 2, Parliament Complex”.

It is urged that the invitees to the above, prior to the commencement of the meeting, should ask the Leader of the Opposition to clarify the following issues relevant to the discussions to follow;

• His definition of the role, responsibility, scope and accountability of the office of the Leader of the Opposition in relation to protection of Media Freedom and Democracy.
• What effective steps he as the Leader of the Opposition has taken in the last 6 months in pursuit of such responsibility and to whom he has been accountable in that regard.
• Details of the role played by him from the inception of the sowing of seeds by the President towards amending the constitution.
• Specific submissions or suggestions made by him to the President in the above connection during or post his discussions.
• Specific actions taken by him post his discussions with the President including, including transparent information dissemination, team work led strategic response action towards good governance assurance leveraging the Constitutional provisions.
• Why details of these negotiations were not shared with the civil society groups during and after the discussions with the President?
• Why he and his party failed to share copies of the bill amending the constitution with the civil society groups no sooner received?
• Why he and the party did not alert the international community and foreign and local media of the details of the amending bill and the dangers foreseen towards protecting Media Freedom and Democracy?
• Whether no sooner the Bill was received and it was known that it was to be passed as an Urgent Bill, whether he held immediate discussions with the President and lodged his/party strong objections to the planned process?
• Why he and the party failed to intervene before the Supreme Court when the Bill was taken up for review by the Supreme Court as an Urgent Bill?
• Why he and the party failed to attend parliamentary debate and fill the Hansard with all the arguments against the enactment of the Bill?
• Whether he and the party are to file objections before the Judiciary on the points of objection raised in parliament the day before the debate against Bill being taken up for debate?
• Whether in his opinion his actions as the leader of the opposition has met with the civil society expected role and responsibility as announced at the outset?
• What credible personal leadership actions and achievements to date can be cited by him in support of his claim to protect Media Freedom and Democracy in the current external environment?

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Mr. Prime Minister, this initiative should be led by the Buddhist leaders in governance, at its inception by appealing to all in society, to place all resources allocated or reserved for Vesak decorations, lighting up streets and buildings, putting up pandals, celebrations, dansala’s and other similar spends, to be channeled towards helping the disadvantaged and unfortunate citizens who recently suffered from rain water led flooding and physical infrastructure damage, as well as those thousands of brothers and sisters and their children yet languishing in camps as internally displaced persons after the end of the war on terrorism one year ago.

Buddhism teaches that wisdom should be developed with compassion. Compassion includes qualities of sharing, readiness to give comfort, sympathy, concern, and caring, especially for those in need, disadvantaged and lesser fortunate. The highest wisdom is seeing the environment and the world around in its reality, and reality based on Wisdom requires an open, objective, unbigoted mind to guide leadership actions. The Buddhist path requires courage, patience, flexibility and intelligence.

The Buddha’s way is clearly through priority and preference for prathipatthi poojah (following the noble eight fold path to mindfulness and wisdom) rather than through aamisa poojah (physical offerings).

If that be the teaching and the way forward of the Buddha, the nation’s leaders in Politics, in Governance, in Business, and Civil Society should combine their efforts in alleviating the suffering, and restoring the lives and livelihoods of both groups who suffered in society and yet remain in a highly disadvantaged and unfortunate position, being victims of the recent floods, as internally displaced persons and as recently resettled persons without basic necessities of live in the form of education, health, housing, sanitation and livelihood options.

I trust that even at this stage the Prime Minister and all other leaders will begin their new commitment by alleviating the suffering of the target groups mentioned earlier. This is ‘What the Buddha Taught’ and that is what leaders must focus on as ‘the Way Forward’ to begin the social revolution this Vesak thus committing to the ideals of Buddhism.

[Editors note: The author is a Fellow of the Institute of Chartered Accountants of Sri Lanka and of the Chartered Institute of Management Accountants, UK.  He was also a former President of the Ceylon Chamber of Commerce and named LMD Sri Lankan of the year 2001.]

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