Archive for the ‘Issues’

A Review of ‘The Eighteenth Amendment to the Constitution: Substance and Process’

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Photo courtesy Vikalpa September 8, 2010 marked a watershed event in the constitutional history of Sri Lanka. The enactment of the Eighteenth Amendment to the Constitution on this ill-fated day brought to a close an era in which successive presidential candidates had promised to abolish the executive presidency. The Eighteenth Amendment effectively extinguished the last remnant of hope that this promise would one day be kept. Instead, it has ushered in a new epoch where an over-mighty president for life has become a plausible reality. The present review examines a compilation of papers critiquing the Eighteenth Amendment to the Constitution of Sri Lanka. The reviewed publication was produced by the Centre for Policy Alternatives in partnership with the Friedrich-Naumann-Stiftung für die Freiheit. It is presented in five chapters, each dealing with a particular aspect of the Eighteenth Amendment—either in terms of its substance or in terms of the process through which it was enacted. In the first chapter, Dr. Pakiasothy…

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Hacking mayoral campaign promises

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Photo from Asian Mirror In Open-source policy formulation for Sri Lanka’s capital, an article published on the Lanka Business Online website recently, the Head of the Policy Planning Group, Milinda for Mayor Campaign and renowned policy analyst Prof. Rohan Samarajiva looks at how mainstream politics can be made more participatory. The promise is of a direct democracy model with the aid of web, mobile and Internet technologies. Prof. Samarajiva captures well the shortcomings of a traditional approach to manifestos and public policy, “The traditional approach is to rely on expertise. Experts formulate policy. Other experts debug it. Not very different from what goes on at the Redmond Campus of Microsoft.” It is a beguiling vision. Co-creating public policy transparently is infinitely better than codifying in closed groups. This is the Wikipedia model, adapted to fit a political campaign. Experts, like Prof. Samarajiva, assume a curatorial role in the campaign – sifting through citizen-generated ideas, refining and combining them to create a…

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Authoritative Ethical Realist Reads Rajapaksa’s Role

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The Pope with Archbishop Malcolm Ranjith Though my political approval of and personal liking for Mahinda Rajapaksa, (certainly in relation to his competitors and immediate predecessors) are shared by nine out of ten Sri Lankan citizens (according to the Gallup poll), it is not comfortable to be alone in one’s analysis and evaluation, among one’s own social stratum, the intelligentsia, especially the English-speaking and writing urban intelligentsia. It is therefore a good feeling when you discover that your views coincide with someone who stands above the fray, and cannot but evoke respect from all rational people. Nicest of all, is when the public personage with whose views your own coincide, has achieved a status and recognition that is truly global. My perspectives on Mahinda Rajapaksa, his administration, Sri Lankan politics and the issue of accountability and international pressure have been denounced by political partisans of almost all sides. The Tamil Diaspora accuses me of Sinhala chauvinism or neo-nationalism (as Taraki put…

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Land in the North and East of Sri Lanka: Concern and confusion over Government circular

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Image credit Jeremy Suyker, via Foto8 The Government recently unveiled a policy regarding land in the North and East through the introduction of a Cabinet Memorandum (memo) titled ‘Regularize Land Management in Northern and Eastern Provinces,’ which was subsequently followed by a Land Circular (circular) titled ‘Regulating the Activities Regarding Management of Lands in the Northern and Eastern Provinces’ (Circular No: 2011/04) issued on 22nd July by the Land Commissioner Generals Department in Colombo in order to operationalise the memo. Since then, there have been reports of notices and forms being issued in areas of the North and East for people to register their land under the Bimsaviya project to ensure title registration of their property. At the time of writing, it was unclear whether this specific process was the same as the one set out under the circular. Contradictory information was received from the different divisional secretariat units (DSs) where the forms were distributed; increasing confusion regarding the process…

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An appeal against infringement of university autonomy in Sri Lanka

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The Ministry of Higher Education has issued a directive that all state universities should hire the services of Rakna Lanka Ltd for provision of security services. The undersigned of the University academic community considers that directive to be in complete contravention of the norms and conventions by which universities are expected to function. The letter issued by the Secretary to the Ministry of Higher Education seeks to bypass standard procedures that are followed in the university system in the hiring and outsourcing of services. That process requires tenders to be called for and for a suitable company to be selected in a transparent and independent manner. The Secretary’s instruction therefore is in violation of established processes and is contrary to the underpinning principles of governance and the autonomy of academic institutions. Rakna Lanka is held out to be a government owned commercial security venture and has been set up under the Ministry of Defence, under the direct supervision of the…

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A Kunanayakam by any other name?

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Mercenaries with misplaced consciences appear to be leading Sri Lanka’s latest band of apologists. Seldom does a hired hand leave such a damning trail as does Tamara Kunanayakam, Ambassador/Permanent Representative of Sri Lanka to the United Nations Office at Geneva and other International Organizations in Switzerland. During the General Debate under Item 2 at the 18th Session of the United Nations Human Rights Council on 12 September 2011, H.E. Kunanayakam criticized the United Nations High Commissioner for Human Rights, Navi Pillay for her apparent ‘partiality’.[1] One is at a loss to comprehend what ‘partiality’ the Ambassador alludes to, except perhaps the fervency in which the High Commissioner has thus far discharged her mandate. In any event, there is no doubt that the High Commissioner will wear this curious brand like a badge of honour. The Ambassador goes on to state: I must also observe that it appears that the High Commissioner does not have the will to even acknowledge a…

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The rich man in his castle, The poor man at his gate

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Photo courtesy JDS This was a part of well-loved hymn I would love to sing during the early years of my school career. I cannot actually remember whether these words were omitted by then as they are now, or if I sang it without disdain at that time. As I became politically aware, these words stirred resistance within me as I felt that it was contrary to my faith and the book that guided it. It came back to me as I read last Sunday’s paper and other recent reports of the attempts being made at grabbing land, the poor who have had promissory deeds or real deeds evicted without any compensation, the Mews Street fiasco but very specially the video clip of the political offspring doing some threatening of what would happen to people if they do not vote with the current political juggernaut. What came back to me was actually in question form. Why have not any of…

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Are there really gay Sri Lankans?

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As I write this, friends and people I have worked with, are living in fear. In truth, since Saturday before last (10th September) when Rivira published their exposé on condoms and lubricating gels being distributed to men who have sex with men, and the community based organization involved in the process, tensions have been high for the gay community. In the 10th September article, the organization was identified by name, their detailed address was also offered up with the sensational declaration that both offices of this organization (project and head office) were in close proximity to a primary and secondary school respectively. Of course parents were warned to protect their sons, based on the infantile notion that if a man is gay, he must necessarily be a pedophile too. In addition to targeting the community organization, Rivira also raised questions about the Global Fund for AIDS, Tuberculosis and Malaria (GFATM) who have provided funds to the community organization to implement…

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Because I was asked to be silent

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Portrait of a card-carrying Sri Lankan patriot. ### I am not a patriot. I am not a patriot if it means that to be a patriot I must deny that innocent people have been killed. I am not a patriot if it means that I have to turn a blind eye to the destructive activity of self-righteous members of the Sangha who feel it within their purview to destroy a Muslim shrine. Neither am I a patriot if it means I have to be amongst the Sinhalese who support this crime. Nor am I one if, like the Catholic Church I remain silent or am partisan to the Rajapaksa regime. I am not a patriot if I have to ignore criminality because it grants a certain kind of peace. I am not a patriot if it means I must remain speechless and unresisting.  A few short weeks ago, Groundviews carried an article by Meena Serendib on Why the Diaspora must return…

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  • 20 Sep, 2011
  • 4 Comments
  • Colombo,
    Corruption,
    Politics and Governance,
    Post-War

Local government elections: Military puppeteers, elected puppets, right to information and people’s liberties

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[Editors note: The author is at the time of writing, the head of the Sri Jayawardenepura Kotte Municipal Council (SJKMC) campaign committee for the UNP. Groundviews is critical of all political parties and candidates, but not equally so. Harsha's article is published here as the extension of a lengthy exchange on the topic of RTI Groundviews has spearheaded with leading local government candidates. Please also read Why is Right to Information in the Moragoda Mayoral Manifesto? and Milinda Moragoda: The gap between promise and reality.] First impressions of Kotte: Similar concerns among dissimilar people Now that I have been entrusted with leading the campaign for the Sri Jayawardenepura Kotte Municipal Council (SJKMC) election I have had the opportunity to visit the homes of many people in the administrative capital of Sri Lanka.  The first thing that struck me was that not only does “the proud city of Jayawardene” as mentioned in the Salalihini Sandesa have a rich history it is rich in its diversity of people.  I…

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Sinhala Buddhist Rationale In An Omnivorous Society

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Photo courtesy Ada Derana My new neighbour, a quiet middle class, young Sinhala Buddhist professional from beyond Matara, who started constructing his own house, brought down a “Kattadi mahathtaya” from his village to evoke blessings on the property, the new construction and on himself and his young family, before the foundation stone was laid. The ritual went on with loud chanting and drumming through midnight, a public nuisance, but tolerated in silence, as it was his belief for which he also had a right. Early morning we woke up when a cockerel screamed it’s life out. The final sacrifice of a “life” made in this ritual called the “Bhahirava poojah”. This is no isolated event in this Sinhala Buddhist society, where people construct their own houses and often indulge in such sacrificial poojahs. May be there are other similar rituals too, when “life” of animals and birds are sacrificed, in lieu of a safe and prosperous future for the person(s)…

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Lifting of Emergency: Exposing the Sham Exercise

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Photo credit AP Author is a Human Rights & Constitutional Lawyer, Eisenhower Fellow, Senior Ashoka Fellow Much has been said about the recent decision of the Government to end the Emergency in Sri Lanka. Some welcomed the move and others are yet to make any pronouncements.  This short essay is an attempt to examine the implications of the decision of the Government of Sri Lanka (GOSL) together with the nature and effect of withdrawal of the emergency. What is Emergency? Proclamation of Emergency is made by the President under section 2 of the Public Security Ordinance (PSO). With the proclamation the President is empowered to promulgate Emergency Regulations under section 5.  The proclamation is generally referred to as “Emergency in the country”.  This is an exceptional situation that, among other things, permits the Executive to bypass Parliament and introduce forceful regulations having the effect of law.    Those regulations, which are called Emergency Regulations, can even be contrary to laws passed…

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Who is “Pulidaran?”: Reflections on International Day of Democracy

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Photo courtesy Vikalpa Who is “Pulidaran?” What everyone knows – “On July 15, 2008, Pulidaran reportedly shot Kanapathipillai alias Satchi Master, while in Batticaloa prison.[1] What everyone does not, or chooses to ignore – “Pulidaran was a mere boy of 14 when he was arrested under suspicion of terrorism. Pulidaran was held for far longer than 18 months. He is now 29. He was detained for 14 long years before any charges were brought against him. In the news, Pulidaran was described as a LTTE cadre. Most readers did not stop to question what Pulidaran was doing in prison. The words “LTTE cadre” was more than sufficient to quell doubts.”[2]  In “celebration” of the International Day of Democracy today, I would like to bring our attention back to the Prevention of Terrorism Act (PTA)[3], (particularly in light of the recent ‘so called’ removal of the Emergency Regulations (ER),) which has reared its ugly head in the “Democratic” Socialist Republic of…

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Milinda Moragoda: The gap between promise and reality

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Milinda Moragoda’s on-going mayoral campaign is interesting on many counts. Particularly appealing to me is that it is extremely web media savvy. The campaign’s central website, http://www.ourcmb.com, is leagues ahead of what any candidate, at any election in Sri Lanka has produced. Aimed to elicit public feedback on a 12 point, 100 day plan for Colombo, the website is a model for how politicians can use the web to co-create policy in what is promised is an open, transparent manner. Milinda’s Facebook group, growing apace in the number of fans, is something other candidates have done in the past, but not to this degree of curatorial prowess. He also has a presence on YouTube and Twitter. All this would prima facie suggest a politician unafraid of public scrutiny, genuine engagement on critical issues and uses these tools to be the change he proclaims he wants to see. Sadly, not so. In an article titled ‘Open-source policy formulation for Sri Lanka’s…

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(Inter)national Identity

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Up until just two years ago, I have only known a Sri Lanka at war. And it was possibly just over a decade ago when I came about to comprehending that we were in fact, at war with ourselves. Having recently just returned from yet another visit to my ‘island of birth’, I found it quite upsetting to witness for oneself a country more divided than ever before. The post-war optimism of the previous year seemed to have fizzled into a general state of discontent; divided between the fight for supremacy in national identity, and the undecidedness in satisfaction over the way the country is being run. More dispiriting (and within a much shorter time frame) than a two-decade-long civil war it appears, is an election deemed inconsequential and the loss of repute under global condescension. “Oh, what do you know about National identity?” I’ve been scorned at far too many a time whenever attempting to bring up the discourse….

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About Groundviews

Located at the Centre for Policy Alternatives in Colombo, Sri Lanka, Groundviews is a citizen journalism website that uses a range of genres and media to highlight critical perspectives on governance, reconciliation, human rights, the arts and literature, democracy and other issues. The site has won two international awards, including the prestigious Manthan Award South Asia in 2009. The grand jury's evaluation of the site noted, "What no media dares to report, Groundviews publicly exposes. It's a new age media for a new Sri Lanka... Free media at it's very best!"

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