Editorial

PC polls: Bitter-sweet outcome for Govt.

View(s): 623

Two States; Two Parties exclaimed a wag punning on yesteryears famous quote of a famous man, Dr. Colvin R. De Silva One Language; Two States/Two Languages; One State to describe the North-South divide of the time. What the wag was referring to, of course, was the overwhelming electoral victories in the South by the ruling UPFA and in the North by the TNA verdicts which sharply portrayed the politics of this country as it is now.
The North and the South seem to have virtual one-party rule. In the North, the TNA had little or no opposition, trouncing the UPFA and its ally, the EPDP. In the South, the UPFA has made it a one-party state of affairs. Both owe much of their respective wins to, alas, the beating of the communal drum throwing secularism to the winds.

Surely, the Government must rue its decision to hold elections in the North. The fact that it was arm-twisted into doing so is its own fault. The Indian Government rubbed it in when it referred to the Colombo Government holding the Northern Provincial Council election due to commitments to the international community, and went further by saying there were more commitments to the international community to come. The Government has remained silent on this aspersion.
India has eventually got its way by having its proxy now in power and place in the North of Sri Lanka. This was the foothold it had wanted all these years and it is going to be more than a headache for the Mahinda Rajapaksa Government that caved in to concerted pressure from the so-called international community.

Calling the mass-murderer leader of the LTTE a hero and making close to seditious claims of traditional homelands of the Tamil-speaking people, the lexicon of the separatists may win elections, but will only earn the wrath of those in the South and kick goodbye to rapprochement.
It might be too much of a comedown for the TNA to be grateful to the Security Forces for eradicating the fascist grip of the LTTE in the North not so long ago. The LTTE had relegated the TNA to a mere spectator in the political canvas of the province. But theres nary a single word of praise for the Government for creating the space for a peaceful poll in the North. The Security Forces continue to get only brickbats.

As for the Opposition in the South, the results of last weeks Provincial Council elections were disheartening, to say the least. The former Army Commanders party claiming victory by winning a paltry number of seats speaks for itself.
The money bags thrown about by Government candidates show the amount of undeclared money floating around in this country. The Elections Commissioner asked for candidates assets before the election. So what now? Backed by the State apparatus, its men, material and machines, the stranglehold is only going to intensify in elections to come, climaxing with a Presidential election indicating the Himalayan task the Opposition faces in trying to turn the tables.

The Governments objective is to keep the Opposition demoralised to the marrow, and in a perpetual state of internal strife and leadership struggles. It is to drain it of its financial and human resources to the point of extinction by the time a presidential election comes, with the governing party having enough reserves in the kitty and enough fuel in the tank. The choice for the Opposition is simple; swim together or sink together.
The Government has used the Provincial Council elections, and keeps doing it periodically, to further its goal. With the unlimited resources at its command, and an Opposition split to the core, victory is virtually assured at future elections as well. The price it has however, paid in the process, is having created in the North a veritable monster that is going to haunt the Government in the months ahead.

Political analysts fear the precipitation of old problems in new bottles and a replay of the pre1983 era that led to the 1983-2009 period. Currently, India is debating how its Army could give money to politicians in the troubled state of Jammu and Kashmir in the guise of peace building

measures. That Indias spy agency, RAW does this as a matter of course in its neighbourhood of South Asia is a well-known secret.
The last Chief Minister of the North-East Province was an acknowledged puppet of India and the Indian Peace Keeping Force, IPKF, during his tenure. He called for a UDI (Unilateral Declaration of Independence) when in office. Eventually, as the LTTE took control of the province, that Chief Minister went to live in India under Indian patronage and security.

These are the lessons that need to be learnt by the Government while it crows over its electoral victories in the South. Take note of UNHRC warning If the Governments prevarication in bringing an alternate system of decentralisation of power to the Provincial Councils has brought about this situation either by design or by accident, news from the UN Human Rights Council (UNHRC) in Geneva this week must have only compounded its worries.
The UN High Human Rights Commissioner who was in Sri Lanka late last month presented her oral submissions to the UNHRC this week wherein she made it patently clear that Sri Lanka is in danger of having to face an international (war crimes) probe should an internal mechanism not be put in place for an impartial investigation into alleged violations of International Humanitarian Law during the last stages of the military onslaught on the LTTE.

The UN High Commissioner even blames the Government for its procrastination in bringing proper charges against captured LTTE cadres.
The Government is given six months till March next year to get its act together. Like a dog with a bone, she wont let go, but has failed to see Sri Lankas separatist insurgency in its totality and only limited the scope of the investigation to those final days clearly on the agenda of the Western countries, which, in turn, are under pressure from the Sri Lankan Tamil Diaspora. Sri Lanka might question the ladys mandate to do so, but the resolution is on the table and to take this salvo across the bow seriously, is surely in the Governments own interest.

Share This Post

5th Column
Talking statues and flouting statutes
View(s): 590

As Paradise was preparing for its next international summit in more than thirty-five years, its statues were having a conference of their own. They had been summoned by the statue of the Father of the Nation, the DS Statue. Actually as a matter of fact, the DS statue said, I wanted to know your views about this plan to move my statute from Independence Square. Who wants to do that? the other statues asked. That is what I heard, the DS statue said, suddenly everyone is talking about me after all these years. And whose bright idea is that? the other statues asked. Well, the DS statue said, they say that some foreigner who was visiting Independence Square suggested that I should be moved. Are you sure? asked the Dudley Statue, which had come all the way from Borella. I am not so sure, DS said, because now the visitor is saying that she never said anything like that. But surely, the other statues said, they should be able to find out the truth about this story. Well, the DS statue said, it shouldnt be that difficult because either the visitor is lying now or those who revealed the story here were lying.

If I were you, said the SWRD statue which had come from Galle Face, I wouldnt be too worried about it because they were even talking about moving me to make way for some hotel. Ah, the DS statue said, you would have been happy to move because you were turning green because of the sea breeze in Galle Face, whereas I was in the best possible location in the country.
I am not so sure about that, said the Sir John statue, which had come from Kandawala, all of you are in a public place, but I still have the luxury of being in my own garden.

But that is hardly of any use, the Dudley statue said, the only people who visit you are those who visit your university; the general public rarely to get to see you. Oh, that is alright, said the Sir John statue, I was a forgotten man as soon as I left office and remained that way for many years, so being away from the public eye is nothing new to me. I dont agree with that, said the Premadasa statue, which had come from Hulftsdorp, I like to be remembered as someone who was always with the people. What do you mean by that? the other statues asked.
Why, I always lived and worked in my electorate and even at the very end I was in my electorate. Even now, I am still in my electorate, the Premadasa statue explained.

That may be so, said the Athulathmudali statue, which had come from the Royal College roundabout but all of you had to become Prime Ministers or Presidents to get your statue, but I got mine even though I was no more than a minister and my statue is in Colombo Seven, the best piece of real estate in the country. That is true, the other statues agreed, it is a remarkable achievement indeed. I have done that too, said the Dissanayake statue which had come from the Vihara Maha Devi Park, so we may be the only ministers to have statues built in our honour in the capital. Why, have you forgotten me? asked the Felix Dias statue, which had also come from Vihara Maha Devi Park, after all, I am your neighbour.
And dont forget us, comrades, said the NM statue which had come from Parliament Road and the Kueneman statue which had come from near the Elphinstone theatre, we are there too.

And I am there too, said the Kadirgamar statue, I was also only a minister and unlike most of you, for a very short time. That is true as well, the other statues agreed, and there were two of you as well, first at Kollupitiya and then at the Institute built in your name.
Ah, said the Kadirgamar statue, but I do know that some of my successors were not very keen to see me around, so they tried many mind boggling tactics to move me and at one stage I was lying in a box for several years.

Anyway, the DS statue said, I hope I wont be moved around as a result of all this

controversy. Dont worry, DS, said another voice, I have realised that statues are not really important because I dont have one, even after being both President and Prime Minister. It was JRs voice.
Ah, said the DS statue, you always outfoxed us. Here we are, worrying about ourselves and where we would be sent. You dont have to do that because you named an entire city after you and declared it the capital probably because you suspected that no one will build a statute for you.

I wouldnt be worried even if they changed the name of that city, JRs voice said. Why is that? the other statues asked.
I may not have a statue, JRs voice said, but the statutes that I created through my Constitution still stand and although everyone criticises them until they come to power, no one dares to discard them after they assume office.

The other statues knew that they couldnt disagree with that.

Columns
Northern verdict: Crucial factor for next presidential poll
By Our Political Editor

View(s): 2620

Trouncing of UPFA in NP raises major new issues for the Rajapaksa regime UNP and JVP suffer more setbacks; main opposition party must urgently put its house in order
It took less than a quarter of Sri Lankas 14.4 million voters to send strong messages, both to the Government and the Opposition, at last weeks Northern, North Western and Central Provincial Council elections. The enormity of such messages, from among the 4.3 million eligible to vote, appeared significant. It foretold the newer manifestations in the political horizon. The most important ones were for the United Peoples Freedom Alliance (UPFA) Government. In the North a survey commissioned by it assured 16 seats. It won less than half or a mere seven. If the UPFA wanted to deny the Tamil National Alliance (TNA) a two thirds majority, it secured an overwhelming three fourths or 30 seats including two bonus seats. The Sri Lanka Muslim Congress (SLMC) was left with just one seat. The results proved even the soothsayers wrong. It showed that the turbo charged infrastructure development new roads, restoring train services, fresh employment opportunities, flooding of luxury goods or a northern spring (Uthuru Vasanthaya) has not helped to win hearts and minds. That is more than four and a half years after the military defeat of Tiger guerrillas. Logically speaking, this would prompt a re-think by the UPFA Government of its approach towards reconciliation and related issues. It is still too early to discern how the UPFA will address them. It has the uneasy task of striking a delicate balance between reconciliation and appeasing hardline Sinhala nationalists. Another significant aspect an en bloc Tamil vote as demonstrated last week, will be a critical issue at a presidential poll. A candidate from the South would probably have to garner that support base to win; particularly so, if the southern vote gets too badly split. In other words, the TNA becomes a key deciding factor. A ban on voting by the Liberation Tigers of Tamil Eelam (LTTE) at the 2005 Presidential elections denied such a block vote to UNP leader Ranil Wickremesinghe. He lost to Mahinda Rajapaksa by a margin of only 175,786 votes. Last week, the TNA secured twice that number or 353,595 votes. The UPFAs poor performance in the North also reflected peculiarities in its polls campaign. Its leaders who made policy pronouncements that any Sri Lankan could live in any part of the country accused the TNA of choosing a southerner to be its Chief Ministerial candidate. In what seemed a political campaign for the North, outside that provinces borders, alliance leaders a lso charged that a victory for the TNA would lead to separation. Even the renegade Kumaran Pathmanathan, or KP, who is now backing the UPFA but was once the man credited for raising the Tiger guerrillas to a world-class terror outfit by procuring modern weapons, spoke of the TNA manifesto going beyond the Vaddukoddai resolution of 1976. Soon after guerrilla leader Velupillai Prabhakarans death, Pathmanathan in fact claimed in a statement that he was the new leader. Did this strategy, a part of the UPFAs ad hoc approach, also kindle the emotion charged but seemingly unperturbed voters? The turnout at different polls rallies has shown that the northern voter is fairly literate politically.

President Rajapaksa addressing the UN General Assemblys 68th sessions o n Tuesday.

At a presidential poll, these factors apart, the prospect of a Tamil candidate securing most of the 78.48 per cent votes cast for TNA in the NPC polls sets a serious poser. Together with their counterparts in the south voting in favour, the critical question would be whether it would not become difficult for a formidable Sinhala candidate to win the 50 per cent plus one vote needed to be elected President. Although the UPFA won the North Western Provincial Council, where its campaign has been the most intense and even costly, there was still no reason to gloat. Many were the lessons learnt. The number of seats the UPFA held including the two bonuses dropped to 34 seats from 37 in 2009. It had polled 705,188 votes last week as against 668,743 in 2009. Yet, the percentage of votes for the UPFA had decreased by 6.43 per cent. Last week it polled 66.43 per cent of the votes as against 69.43 per cent in 2009. This result reveals the UPFAs vulnerability. It lays bare the fact that a concerted effort by a vibrant opposition grouping could be a strong challenge during a poll in this largely Sinhala Buddhist province. There were also peculiarities in the polls campaign in the NWP. It has become clear, at least by hindsight that formidable sections of the UPFA were at war with each other over preference votes. Hambantota District parliamentarian Namal Rajapaksa strongly campaigned for his classmate, Johan Fernando. He is the son of Johnston Fernando, Minister of Co-operatives and Internal Trade. Another backer was Sumanadasa Abeygunawardena, who is widely known as the astrologer of President Mahinda Rajapaksa. Minister Fernando, now a wealthy businessman and liquor dealer, spent lavishly for his sons campaign. As the polls day neared, there was speculation that Johan would top the preference list. So much so, even Dayasiri Jayasekera, his main rival for these votes, appeared resigned to that possible fate. He spoke of a likely computer jilmart or jugglery through computers. However, when the results of preference votes were announced, Jayasekera had polled 336,327 while Johan Fernando secured only 134,423. The votes for Kurunegala District were counted twice, one at the request of Johan Fernando and the next time when Tikiri Adhikari called for it. It turned out that even some Cabinet ministers in the NWP had encouraged voters to cast their preferences for Jayasekera. Their resentment had been long standing, particularly after the crossover of Johnston Fernando from the UNP to Government ranks. He had been viewed, as one UPFA stalwart in Kurunegala said, as an outsider because he vied for leadership in the district. The old guard of the Sri Lanka Freedom Party (SLFP) detested him as a Johnny come lately who had the backing of what they s aw was the new SLFP of the Mahinda Rajapaksa clan. Dayasiri Jayasekera made history by receiving the highest number of preference votes at a PC election. The record was held earlier by former President, Chandrika Bandaranaike Kumaratunga. She polled 298,457 votes from the Gampaha District at the Western Provincial Council elections in 1993. Jayasekera is strongly tipped to become the Chief Minister. The previous incumbent Athula Wijesinghe was placed fifth in the list of preference votes. In the Central Provincial Council, it was no better for the UPFA. It had to be content with the same number of seats, 36 which it held in 2009. Of this number, the Ceylon Workers Congress (CWC) secured six and the National Workers Front three seats. The increase in the UPFA vote base is from 59.53 per cent (650,203) in 2009 to 60.16 per cent (716,247). Here again, the vulnerability of the UPFA in the

event of a concerted effort by a vibrant opposition during a poll is laid bare. Even if internecine issues were less during the polls campaign here, it has emerged thereafter. President Rajapaksa, who was in New York for the UN General Assembly sessions, and learnt of the PC poll results had asked for the reappointment of Sarath Ekanayake as Chief Minister of the Central Province. This is on the basis that a close blood relative of a Cabinet Minister, in fact, the Prime Minister, cannot be Chief Minister. A newspaper ran the catchy headline; Father PRIME Minister; Son CHIEF Minister. The move was to anger Prime Minister D.M. Jayaratne. His son Anuradha Jayaratne polled 107,644 votes while Ekanayaka came second, with 70,171votes. The Prime Minister went public to espouse his sons case. He said if the argument was that a blood relative of a cabinet minister cannot be Chief Minister, there was a striking example. He said that Speaker Chamal Rajapaksas son Shashindra, is Chief Minister of the Uva Province. UPFA sources said the issue has now been put on hold until the President returns to Colombo. According to the same sources, one of the avenues under consideration to resolve the issue was to make Anuradha Jayaratne a Member of Parliament. For this purpose, these sources said, a lady MP on the National List may be called upon to resign. Once before too, she was asked to resign and was later told it was a mistake and to take her oaths again. Emerging severely battle scarred politically in all three PCs is the main opposition United National Party (UNP). In the Northern Province, the UNP failed to secure a single seat. It campaigned in the North as the only secular party in the fray. So much for secularism in the North. Its most humiliating performances were however in the North Western and Central Provinces. In the NWP, the votes cast for the UNP last week dropped to 24.21 per cent (257,011) from 28.7 per cent (270,347) in 2009. The number of seats it held was reduced to 12 from 14 in 2009. It is clear that Dayasiri Jayasekeras crossover had a debilitating effect on the UNP. Jayasek era received more preferential votes than did the UNP as a party. The party secured only 4,667 votes or a mere 9.81 per cent in the Panduwasnuwara electorate (earlier represented by Jayasekera). At the 2009 PC polls, however, the UNP polled 12,408 votes or 29.97 per cent of the votes cast. The UNP performance in Panduwasnuwara is clear proof that the partys grassroots level organisations have crumbled. It was the same message in Kuliyapitiya. A causus belli for Jayasekera leaving the UNP, Akila Viraj Kariyawasams Kuliyapitiya electorat e polled only 11,171 votes or 18.2 per cent of the votes cast. In 2009 the votes polled were 18,459 or 31.71 per cent. Jayasekera was touted to quit the UNP for more than a year. One of the reasons that caused his exit ahead of the PC polls was his protest over the appointment of Kariyawasam as the UNP Kurunegala District Organiser. In the Central Province, the number of seats held by the UNP was down to 16 from 22 in 2009. The party had only polled 27.79 per cent or 330,815 votes. This is in marked contrast to 2009 when it polled 422,203 or 38.65 per cent. Of course, then the Sri Lanka Muslim Congress (SLMC) was an ally of the UNP. This time, though a partner of the UPFA, the SLMC contested separately. Other than the Kandy electorate which encompasses the town and its environs, the UNP lost all other electorates in the Central Province. Making gains were former General Sarath Fonsekas Democratic Party (DP) securing two seats and the Up Country Peoples Front one seat. Since 1999, the UNP has not been able to win a single Provincial Council election. The latest debacle for the UNP has once again raised questions over the leadership of Ranil Wickremesinghe. As is expected in such situations, some parliamentarians in his party are spearheading moves for a leadership change. In this backdrop, there is something ghoulish too. Former Deputy Leader, Sajith Premadasa, who did not put his best foot forward during the election campaign and when he did, spoke against the partys own policies, has publicly declared he was willing to accept the leaders hip if it was given to him unconditionally. It is indeed a marked contrast to his late father, Ranasinghe Premadasa, who was likened by some to Abraha m Lincoln for rising high from log cabin to the Presidents House. A senior UNPer who did not wish to be named declared the late Premadasa, through sweat and toil, earned for himself the leadership. He never made a public demand for it. Wickremesinghe has said that the party would be re-organised to face the new challenges. During a meeting when he was campaigning in Jaffna, Wickremesinghe, in-between deciding if to order the Blueberry ice cream or the Rio ice special on offer, mindful no doubt of ones sugar levels, told the Sunday Times, We have recently identified some of the main issues related to heavy corruption at high levels of Government and the mounting cost of living. If there is no Government action, we will take to the streets in October.

Yet, the problems for Wickremesinghe from his own party men, some once trusted are not over. A handful is busy consulting astrologers and even clergy of different denominations for support over high positions in the UNP. The most important message for the UNP in last weeks poll is clear. If it had organised itself into a formidable political force, it could not only have made far greater inroads in the NWP and the CP but proved to the UPFA that it was going to be a force to reckon with during a presidential or parliamentary election. With the party weakening badly at every poll, that was not to be. The margins 65% to 28% is far too wide. The gap has to be narrowed first, and then overcome. But that seems a constellation away. On the other hand, despite the use of State machinery and lavish spending, voter discontent is the main cause why the UPFA was denied a convincing victories. The Democratic Party, with five seats to its credit (three in the NWP and two in the CP) has made a footprint in Sri Lankas political landscape. In the CP, it is clear it largely garnered the disgruntled UNP vote. However, in the NWP, it was mostly the votes of the soldier families, who still regard DP leader, former General Sarath Fonseka as a hero who won the separatist war. If they are concentrated in the Kurunegala District where the DP won two seats, a third in the Puttalam District again is made up of a segment of disgruntled UNP votes. Fonseka, who led the army to victory against Tiger guerrillas in May 2009, claimed that his party has emerged as a third force. An accomplished General who won accolades as the best army commander in the world for defeating Tiger guerrillas, Fonseka still remains a political novice. It will take more than five seats in two PCs to emerge as a third force. However, his partys role cannot be underestimated. As long as the conflicts in the UNP continue, one of the biggest beneficiaries will be the Democratic Party. Fonsekas party also stands to harvest the displeasure over the UPFA, as evident in the voting pattern in the NWP and the CP. The party which Fonseka claims to have replaced to emerge as third force, the Janatha Vimukthi Peramuna (JVP) no doubt, has continued its downward trend at polls. In the NWP it has retained its solitary seat. Last week, it polled only 1.85 per cent or 19,624 votes. In 2009, it secured 20,428 or 2.12 per cent of the votes. In the CP, the JVP failed to win a single seat and recorded a lower poll 13,887 or 1.17 per cent of the votes polled. In 2009, it won 15,416 or 1.41 per cent of the votes but was still unable to win a single seat. Undoubtedly, the division in the JVP, firstly with Wimal Weerawansas National Freedom Front (NFF) and where almost half its membership remaining left to form the Frontline Socialist Party (FSP), was one of the primary causes for its current dilemma. The question that emerges is whether the JVP would become amenable, sooner or later, to a common front of opposition parties. The results of both the NWP and the CP show that the recently emerged nationalistic sentiments or the accusations against minority communities had little or no impact. Candidates fielded by the National Freedom Front (NFF) and the Jathika Hela Urumaya (JHU) in the two provinces failed to secure even a single seat. For the UPFA Government, the biggest task would be to retain its existing vote base. It would have to ensure there is no erosion when it comes to Southern, Uva and Western Provincial Council elections. In that respect, the polls for Western Provincial Council (WPC), billed for early next year, would be a sure pointer to later presidential and parliamentary elections. For the UNP, the countrys major opposition, putting its own house in order becomes a priority if it is to emerge as a viable opposition, leave alone being a vibrant one. That no doubt has to begin from the grassroots in most electorates. Among the many observations the Campaign for Free and Fair Elections (CaFFE) made in its final report on the polls was that, The influence of the military forces stationed in the North had a significant impact on the Northern Provincial elections. New found voterbuying strategies in the Central and Northwestern Provinces were also prominent during the pre-election time. Distribution of liquor, clothes, cellular phones and even three-wheelers took place, mostly through the black-money pumped into election campaigning. In the six years of election monitoring CaFFE has not seen candidates making such significant investments in a Provincial Council election and we believe that one candidate, in the Northwestern Province, definitely established a new record for election-spending. It was a jet lagged President Rajapaksa who learnt of results for the three Provincial Councils. He had arrived in New York after a 13 hour 45 minutes in an Emirates Airbus A 380 flight from Dubai. After checking into Waldorf Astoria where most heads of state or government attending UN sessions stay, he and the first lady Shiranthi walked a block away to a Chinese restaurant for lunch. Waiting for them were External Affairs Minister, G.L. Peiris, Minister Dullas Allahapperuma and External Affairs Monitoring MP Sajin de Vass Gunawardena. The subject of discussion was the speech Rajapaksa was to deliver on Tuesday. Thereafter, over the Chinese meal Rajapaksa asked Allahapperuma how many hours of sleep would an average person require? Some six to seven hours would be enough, he replied. How come then that some sleep for ten and twelve hours, asked Rajapaksa in what seemed a reference to two members of his official entourage Sajin de Vass Gunawardena and Lohan Ratwatte MP. The question was posed whilst Rajapaksa looked at the duo. They had rested longer due to jet lag. President Rajapaksa appeared relatively more confident when he addressed the UN General Assemblys 68th sessions last Tuesday . His delivery was smooth and his articulation to drive points home was timely. Pointing out that Sri Lanka has eradicated separatist

terrorism, Rajapaksa said his Government was at all times responsive to the priorities reflected in domestic public opinion , is engaged in all measures required for meaningful progress in these fields. He said, A significant event in this regard is the opportunity which the people of the Northern Province enjoyed at the elections, held three days ago, to elect their representatives to the Provincial Council. It is a matter of legitimate satisfaction to me that this was made possible after the lapse of almost a quarter of a century. There can be no doubt regarding the crucial importance of this measure in the context of political empowerment and reconciliation. It is clearly the responsibility of the international community to assist with these efforts and to ensure their success for the benefit of all the people of Sri Lanka. The call by Rajapaksa for the international community to assist in the context of political empowerment and reconciliation seemed significant. However, the contours of such an exercise, even by international standards, would become a monolithic. Soon after its victory, TNA leader Rajavarothayam Sampanthan told a news conference, Within the framework of a united, undivided country, Tamils want to live in security, safeguarding their self-respect and dignity with adequate self-rule, to be able to fulfil their legitimate political, economic, social and cultural aspirations. He added that the TNA is committed to the achievement of the above objective and expects that the Government would also extend its fullest cooperation to the achievement of the same. The results of this election offer everyone an opportunity which should be fully utilizsed in a positive manner. Parliamentarian M.A. Sumanthiran added, If the Government is to talk to us and make it more meaningful, we will consider att ending the Parliamentary Select Committee. Both the UPFA and the TNA have signalled that there was room for cohabitation. During the news conference Chief Minister designate C.V. Vigneswaran said, We are willing to work with the Government. Similar sentiments were expressed in Colombo by Economic Development Minister Basil Rajapaksa. In this backdrop, an official statement issued in New Delhi by the Government of India welcoming the conclusion of the NPC polls noted, The Government of Sri Lanka has honoured its commitment to the international community to hold elections to the North ern Provincial Council. We look forward to the implementation by the Government of Sri Lanka of other important commitments made to the international community, including the full implementation of the 13th Amendment and going beyond it. Herein lies a knotty issue. Though progress is slow, a Parliamentary Select Committee (PSC) where only UPFA MPs are serving is tasked to formulate proposals which may partly or altogether replace the 13th Amendment to the Constitution. The Jathika Hela Urumaya (JHU) has already pulled out of the PSC. We had thought that the proposals to exclude police and land powers would be excluded from the 13th Amendment before the PC polls on September 21, Minister Champika Ranawaka, who is also the General Secretary of the JHU, told the Sunday Times. He said, We received assurances of such exclusion during a meeting of party leaders. Indias External Affairs Minister Salman Khurshid arrives in Colombo on October 6 for meetings with President Rajapaksa and h is counterpart G.L. Peiris. His mission is to determin e the UPFA Governments present policy towards the 13th Amendment and issues related to it. It is a precursor to the participation of Prime Minister Manmohan Singh at the November Commonwealth Heads of Government Meeting (CHOGM) in Colombo. This week, the Commonwealth Ministerial Action Group (CIMAG) gave the final green light for arrangements that have been made for the Colombo event. In his speech, Rajapaksa also made a veiled reference to events playing out at the UN Human Rights Council (UNHRC) in Geneva. He said, In spite of the visible progress made, and consistent engagement with UN mechanisms, many countries are surprised at t he disproportionate emphasis on Sri Lanka, and the unequal treatment through the multilateral framework. The basis for this relentless pursuit is also questioned. It is my conviction that the UN system should be astute to ensure the consistency of standards applied so that there is no room for suspicion of manipulation of the UN System by interested parties to fulfil their agendas. Just 24 hours after the Presidents speech, UN Human Rights High Commissioner Navi Pillay made her oral presentation to the sessions in Geneva. A key element in her 27-point speech was a reference to the UNHRC decision to conduct an independent and credible investigation into allegations of international human rights law and international humanitarian law, as applicable. She noted, Regrettably, the High Commissioner detected no new or comprehensive effort to independently or credibly investigate the allegations which have been of concern to the Human Rights Council. She received little new information of the Courts of Inquiry appointed by the army and navy to further investigate the allegations of civilian casualties and summary executions raised in the LLRC report and Channel Four documentaries, and urges these reports be made public to allow them to be evaluated

Pillay declared that she encourages the Government to use the time between now and March 2014 to show a credible national pr ocess with tangible results, including the successful prosecution of individual perpetrators, in the absence of which she believes the international community will have a duty to establish its own inquiry. Pillay said she will be making recommendations in Ma rch (next year) on appropriate ways it could continue that engagement. Her remarks drew a response from Ravinatha Ariyasinha, Sri Lankas Ambassador to the UN in Geneva. In a much publicised statement in Sri Lanka, he took exception to what he called the UN Human Rights High Commission placing a deadline of March 2014 for Sri Lanka. To any discerning observer, such a contention appeared an exercise in futility. Firstly, Pillay has no mandate to set any deadline but is acting on a US backed resolution. Secondly, through her remarks she is only delivering a message to Sri Lanka to respond to the main issues raised in the resolutions. In no way does she say what such a response should be. Thirdly, no member country of the UNHRC or for that matter the UN itself would concur with the argument that Pillay has simply imposed a deadline and Sri Lanka should fire all its diplomatic guns at her. The response thus becomes part of the blow hot, blow cold theory followed by those executing UPFAs foreign policy. The coming weeks no doubt would be crucial for President Rajapaksa. If he did well at the UN through his address, and a photo-op with President Barrack Obama and his wife, the local and international issues he now has to address are even more than what he had when he left for New York.

Columns
Prerequisites for attracting foreign direct Investment
View(s): 303

Despite the importance of foreign direct investment (FDI) for sustained economic development discussed last week, the country has failed to attract an adequate amount of the right type of FDI over many years. All forms of FDI have not reached US$ 1 billion.

The flow of FDI has been inadequate and not of the types that would develop the countrys industry and export earnings. In contrast, many Asian countries, especially in South East Asia, have propelled their economic growth with FDI. More recently India too has attracted enormous amounts of FDI. Why has Sri Lanka failed to attract FDI?

Historical perspective
Until 1977, the political and economic environments were not conducive to attracting FDI. Regular changes in government, parties and governments espousing nationalization of private enterprises and hostile to foreign investment were disincentives to foreign investment. This was especially so from 1956 to 65 and again from 1970-77. Many private enterprises were nationalised during these two periods. These sent clear signals to foreign investors not to invest in Sri Lanka.

This was an era when other South East Asian countries attracted much FDI to lay a foundation for rapid industrial growth based on outward oriented economic policies that favoured exports. Sri Lanka, on the other hand, adopted inward oriented policies favouring import substitution that discouraged export industries. These economic policies deterred FDI that is a base to create a fast growing export growth led economy all over the world.
Policies conducive to FDI

The liberalisation of the economy in 1977 and the outward oriented economic policies seeking foreign investments and adopting policies that were friendly to foreign investors was a break from the past. Various economic incentives, guarantees of security of foreign investments and institutional devices to attract FDI were introduced. Some were even in excess of the needs to attract FDI.
Foreign investment 1978-83 In 1978-83, several foreign investors established manufacturing plants on their own or in collaboration with local partners. At this time there were prospects of large international companies establishing industrial complexes in Sri Lanka for exports. Motorola, Harris and several other international giants were considering establishing industries in Sri Lanka. The July 1983 ethnic violence put an end to their interest in Sri Lanka.

What Sri Lanka lost went to other countries in South East Asia like Malaysia, Singapore, Thailand and Indonesia that had already attracted much foreign investments since the 1960s. Sri Lanka was left behind owing to the subsequent spread of terrorism, the prolonged war and the consequent insecurity.
New expectations

The end of the war in 2009 raised hopes of a revival in FDI. Foreign investors signalled intentions to invest in Sri Lanka. However the initial expectations of such investments have not been realised. The pertinent question is why Sri Lanka failed to attract large foreign investors into the country after peace conditions.
The answer to this question is complex. Economic policies that neglect economic fundamentals, new security concerns, deterioration in law and order and the rule of law, are among the causes for the inability to attract FDI.

Positive features
There have been positive features that could attract FDI. The improvement in infrastructure is a clear example. The development of roads and transport facilities as well as the attractiveness of the metropolis and its suburbs are positive developments even though all such investments do not necessarily support private sector investment. On the other hand, social infrastructure of relevance to foreign investors, such as improved private hospitals with state of the art technology, international schools teaching in foreign languages and frequent flights from Sri Lanka to other cities are distinct improvements.

The labour force is literate and easily trained though no longer considered cheap. There are fairly stable electricity supplies though the costs of power are high.

Disincentives

Despite these improvements, the negative features of the countrys economic policies appear to be disincentives for foreign investors. In the past few years, economic policies have been hostile to private investors. Several enterprises that had been privatised or partially privatised were renationalised. An act to take over 29 private companies including some owned by foreign interests was a distinct disincentive to attracting FDI. There was once again an overhang of a threat to take over private enterprises.
There has also been an expansion of state ownership in commanding heights of the economy. Several commercial banks are now under state control and are directed to lend to loss making state enterprises and finance state expenditure. Consequently there is a crowding out effect of bank credit to private enterprises. The banking and financial sector shows cracks with high rates of non-performing loans.

The lack of law and order and weak macroeconomic conditions have resulted in the instability of the currency and increased cost of production. Sri Lankas loss of GSP+ status and its decline in international competitiveness, clearly evident in the downward trend in exports, are indicators that discourage FDI. Conversely, low FDI is a significant reason for slow and declining export growth.
The UN assessment that the countrys democratic system of government has deteriorated and law and order undermined is not a good advertisement for large multi-national companies to invest in Sri Lanka.

Conclusion
International competition for FDI is intense. Being a small country with limited natural resources and a small domestic market, it is vital that the attractiveness for FDI is better than those of comparable competitors for FDI.

To attract a much larger amount of foreign investment there must be much more stability in macroeconomic fundamentals, certainty in economic policies, a strong commitment to encourage private enterprise and lesser state control of business and the commanding heights of the economy. Law and order and human rights too play a vital role in decision to setup enterprises in the country.
Is the country on the right path to make it attractive for FDI?

Columns
Pillays update: Has Sri Lanka become an imperial guinea-pig?
From the sidelines By Lasanda Kurukulasuriya

View(s): 485

Wednesdays oral update on Sri Lanka by the UN High Commissioner for Human Rights Navi Pillay to the 24th session of the Human Rights Council in Geneva seems to confirm the view that the rights body is using the Sri Lankan case to test the still-debated concept of Responsibility to Protect or R2P, as it is commonly known. In this regard the most relevant section of the speech, delivered on her behalf by her deputy, says: The High Commissioner encourages the Government to use the time between now and March 2014 to show a credible national process with tangible results, including the successful prosecution of individual perpetrators, in the absence of which she believes the international community will have a duty to establish its own inquiry mechanisms.
This would seem to mean that the international community (read, a coalition of the willing working through the HRC?) gives itself the right to intervene using whatever means it thinks necessary, to see what it considers to be justice done, if the state party itself does

not take measures to that end. The US-led HRC Resolutions against Sri Lanka in 2012 and 2013 laid the groundwork for this process in Sri Lanka.

The three steps in the R2P process are that 1) the state concerned is responsible to protect its citizens; 2) If a state is seen to be failing in this duty the international community should assist it to do so; and 3) If the state concerned still fails to act, the international community has a responsibility to intervene in order to protect them. The HRCs path in relation to Sri Lanka may be seen to be following this trajectory, under the USs watchful eye.
Sri Lankas former UN ambassador Tamara Kunanayakam has shredded the R2P concept which she said Washington is forcing upon the UN so as to provide legitimacy for its increasingly aggressive unilateral interventions, and domination of peoples and their wealth and resources in countries of strategic interest to Washington!

Kunanayakam is not alone in her criticism. Former Indian ambassador to the UN Nirupam Sen described R2P as a Trojan Horse for a refurbished imperialism. Americas leading public intellectual Noam Chomsky in an address to the UN General Assembly in 2009 called it a weapon of imperialist intervention at will.
Certainly it appears that Sri Lanka is under very close scrutiny by the HRC in general and the US in particular, and is unlikely to go off their radar any time soon. Nowadays it would appear the US issues statements even if there is a fight over a jak fruit in Sri Lanka. It has made no less than four statements on the recent Provincial Council elections which, by all accounts were relatively peaceful. The most recent was on Thursday by US ambassador Eileen Donahoe at the UN General Assembly. After a peremptory reference to the elections (which made no special mention of the historic one in the North) she went on to list allegations of rights violations, and drew attention to Pillays call for an international inquiry in the absence of meaningful progress on accountability.

Sri Lanka also figured in the High Commissioners opening remarks to the HRC on 9th Sept and in UN Secretary General Ban Ki Moons opening statement to the general debate in New York on Tuesday. Isnt this a disproportionate lot of attention? Its not that Sri Lankans are unconcerned about their countrys human rights situation. But who wants to be an imperial guinea-pig?
At a side event of the UN General Assembly to Ensure peaceful, just and resilient societies in the post 2015 development agenda on Thursday, Erik Solheim, chair, OECD Development Assistance Committee, made some observations on Sri Lanka. Norwegian Solheim who was closely associated with Sri Lankas peace process at one time, admitted that global involvement in Sri Lanka exacerbated the problem. It made the problem worse. He noted that after the 2004 tsunami no less than 50 different presidents, prime ministers and foreign ministers visited the country, all with their own development programmes, humanitarian programmes, NGOs and TV crews. There was a strong element of politicians wanting to be seen back home doing something, he said. Under what he called the New Deal principles he said the nation being discussed had to be in the lead, and there had to be a compact between political forces in that nation and global forces so that governments spend their money wisely.

Its unlikely that the US will look kindly on Solheims remarks. To states in the global South where most of the worlds conflict situations are located, the comments are important because they acknowledge the need to respect their sovereignty and independence.
At this same side event, Guatamalas Planning Secretary Ekatarina Parilla said that the 17 years since that countrys 36-year civil war ended might seem like a long time, but it is very little to create solid institutions in a post-conflict society. Yet Navi Pillays March 2014 deadline, after which she says establishing an international inquiry would become a duty of the international community, allows barely four years for Sri Lankas reconciliation process to work.

Its interesting that with regard to LTTE detainees, the High Commissioners oral update said, She has always stressed the importance of the LTTE being held accountable for its crimes and urged the Government to expedite such cases, either by bringing charges, releasing them, or sending them for rehabilitation. Thus the High Commissioner locates the task of bringing the LTTE to justice, entirely within the purview of the state (although the remaining members of that organisation considered to be any threat have mostly found safe havens in the West). But the LTTE, which she herself has described as a murderous organisation, does not seem to be bound by her call for an independent and credible investigation into allegations of violations of international human rights law and international humanitarian law, as applicable. International scrutiny is applicable, apparently, only to the state party. How fair is this?

Columns
Sinhala speaking Russian PM looks for Syrias smoking-gun
View(s): 1350

Russian Foreign Minister Sergei Lavrov, who was in the news last week over the breakthrough agreement with the US on the destruction of Syrias chemical weapons, was a onetime junior diplomat in the Russian Embassy in Colombo in the early 1970s.

According to a former UN Tass correspondent, who was also based in Colombo at that time, Mr. Lavrov was so fluent in Sinhala that one of his duties was to translate key political stories from Sinhala newspapers into Russian.
Later, the affable, chain-smoking Lavrov was Russias Permanent Representative at the UN. And by a coincidence, he was a contemporary of Peter Burleigh Snr, former US Ambassador in Colombo. Mr. Burleigh was another Sinhala-speaking foreign diplomat, who served in the Security Council along with Lavrov in the 1980s.

When former Secretary-General Kofi Annan tried to impose a no-smoking rule in the UN building, Mr. Lavrov was defiant. Asked by reporters for his response, he pulled out a cigarette, lit it up outside the Security Council chamber and said: This building does not belong to Kofi Annan, it belongs to member states. And he was right. Channel 4 journo bashes Lanka again Television presenter and the man linked to the controversial Channel 4 videos on the final stages of the separatist war in Sri Lanka seems to have forgotten some of the finest traditions which the British created. One in particular is how things are talked over during drinks or a cup

of tea. For him, even that seems reprehensible. Here are excerpts of what he has to say about a Sri Lanka related event in his blog:
Last night, in a dimly lit side street a stones throw from the towering UN headquarters here in New York, Britain co-hosted a drinks party with Sri Lanka a country led by a regime accused of the worst war crimes committed this century. Australia joined the fray to render it a tripartite affair.

Large black shiny cars ferried Sri Lankas large UN delegation to the door of an unextraordinary town house. The hosting of the party was personified by British Foreign Secretary, William Hague, Sri Lankas External Affairs Minister GL Peris and six days into her job Australias Foreign Minister Julie Bishop. We found ourselves the only team attempting to record what went on. Our presence outside in the street attracted the joint concern of both British and American security both of whom made plain their discomfort with our presence.

This was a celebration by three members of the British Commonwealth of this years Commonwealth Heads of Government Meeting (CHOGM) to be staged in Sri Lanka in November

It is just four years since the ending of Sri Lankas bloody civil war. A war that ended, as Channel 4s Sri Lankas Killing Fields has described in eye witness detail, with 120,000 Tamils being herded into an ever shrinking no-fire zone, in which the UN itself believes at least 40,000 possibly more than double that were slaughtered in the final three weeks.
But all this was a far cry from the tinkling glasses and warm ministerial speeches that graced the townhouse in this New York side street last night. Ms. Bishop talked warmly of her visit to Sri Lanka.

Sri Lankas Professor Peiris talked of Sri Lankas economy having turned a corner. Mr Hague was both humorous and expansive in his praise for the Commonwealth, but managed diplomatically to say all but nothing of Sri Lanka
I and a tiny handful of New York based journalists were put on the guest list, but we were told we could not bring our cameraman in. The atmosphere was strangely awkward. Those that knew each other spoke to each other, those who did not know each other avoided doing so.

Britains Development Secretary, Justine Greening, looked in. So did the UNs Humanitarian Affairs and Emergency Relief Co-ordinator Valerie Amos... UN Chief admits failure to monitor Lankan situation In his keynote address during the high level debate by world leaders in the General Assembly last Tuesday, Secretary-General Ban Ki-moon referred to systemic failure within the United Nations to effectively monitor the grave human rights violations during the final stages of the battle against the LTTE both by Government forces and the rebels.
This was also the subject of a question and answer at Fridays UN media briefing. Question:

I wanted to know about this report on the UNs actions and inactions in 2009 in Sri Lanka. I did notice that the SecretaryGeneral, obviously, in his speech to the General Assembly, said that an internal review has identified systemic failure. But, I wanted to know if the report itself is going to be made public in any fashion.
Spokesperson Martin Nesirky: Well, as you point out, the Secretary-General did, indeed, refer to this in his speech in the General Assembly. I think you can take that as a sign of how seriously he takes this whole process. He did refer, indeed, to the difficulties and failures within the UN system, but also within the international community as a whole. And that is something that we need to look at for the future.

And so, therefore, this report and the findings are clearly quite important. When we get to that point of coming out with details, I will be sure to let you know. But, we are not at that point yet. And, as you rightly point out, there is still, as far as I can figure it out, three days to go. They took the roof, but voted for the house Amid the resounding victory for the Tamil National Alliance (TNA) in the Northern Provincial Council election comes the story of a political muddle. A UPFA candidate distributed roofing sheets to voters in several areas. The man who made speeches in Tamil told them Veetukku Podunga. A literal translation would mean put it for the house.
The candidate who failed to win a seat learnt from one village that he had made a mistake in making that remark. Most voters had cast their votes to the house, the symbol of the Ilankai Thamil Arasu Katchi (ITAK). Little wonder he lost.

Politico goes on his knees but is taught a lesson He was once accused of ordering a school teacher to kneel before him in obeisance and extend an apology. All this was because this politicos daughter was admonished for coming to school in a short uniform. That cost Ananda Sarath Kumara the opportunity of contesting last weeks North Western Provincial Council elections.
Instead, his nephew Nilantha Wimalaweera was fielded. Despite Sarath Kumara going on his knees seeking votes for his nephew, he lost. He came 15th out of 19 and obtained only 11,723 votes.

Commonwealth takes tough stand on Maldives The political crisis in the Maldives has taken a new turn with the Commonwealth Ministerial Action Group meeting this week in New York taking a tough stand against the moves to put off yesterdays run-off elections. According to a statement issued in New York, the Ministers referred to the conclusions of the Commonwealth Observer Group on the September 7 Presidential Election, in particular the Groups comments that this was a credible electoral process and met the standards for democratic elections to which the Maldives has committed itself.
The statement added: Ministers further noted that national and other international observers had concluded that the 7 September election was competently administered, and that the Maldivian people had been free to express their will through the ballot.

In this context, CMAG Ministers expressed concern at developments since the declaration of results of the first round poll, with one unsuccessful party having filed a case with the Supreme Court to annul the first round of the election because of alleged electoral fraud, and the Supreme Court subsequently issuing an injunction to delay the second round of the election until a court ruling is delivered in that case
CMAG Ministers welcomed the continued presence of Commonwealth Observers in Maldives, led by Dr Lawrence Gonzi, and looked forward to the continued close engagement of the Commonwealth Secretary-Generals Special Envoy, Sir Donald McKinnon.

SLFP has no sympathy or tea for its founder It was a handful of Government members, including Prime Minister D.M. Jayaratne who took part in ceremonies to remember the 54th death anniversary of Prime Minister S.W.R.D. Bandaranaike at Horagolla last Thursday.
None of them from the SLFP, the party founded by Mr. Bandaranaike, stayed for tea after the ceremonies ended. Hence, those present were all UNPers Karu Jayasuriya, Tissa Attanayake, Mangala Samaraweera and Eran Wickremeratne.

Also present was former General Sarath Fonseka, now leader of the Democratic Party. Ecstasy and agony for Dayasiri

It was past 11.30 p.m. last Sunday when the announcement came from the District Secretariat in Kurunegala. Dayasiri Jayasekera, the new UPFA candidate, had won a record 336,327 votes at the North Western Provincial Council election. Ahead of the announcement, Jayasekera and his supporters had set up an operations room at a hotel in Kurunegala. News reached Jayasekera that his life would be in danger.
He telephoned Police Chief N.K. Illangakoon. Soon, a team of armed policemen arrived at the hotel and escorted Jayasekera to the Secretariat. In what seemed his first speech after the election, Jayasekera urged his supporters

not to light even a single cracker. He wanted all of them to return to their homes and ensure there is a peaceful atmosphere.
It took Jayasekera and his entourage seven hours to reach home. That was from Kurunegala to Hettipola, a journey of 58 kilometres. Chandey dinalath, gedera enna vune policiya ekka hirakarayek vagey (after

the poll I had to return home with the police like a prisoner), Jayasekera remarked to his supporters waiting for him at home. Share This Post

Judgment on land: Story untold

By Gomin Dayasri

View(s): 273

And thus I clothe my naked villainy

With odd old ends stoln out of holy writ; And seem a saint, when most I play the devil. - William Shakespeare, Richard III
My cocker spaniel was named Junius Richard (JR) to commemorate an event that is etched in memory without any adoration or affection: for holding a duplicitous referendum instead of a general election to rein a 5/6 majority held in parliament for another term. During that sordid phase, carried the 13th Amendment at the behest of the Indians that made the then President look pathetic much as the hunchback namesake Richard III sketched by Shakespeare. ['And every tale condemns me for a villain'- Shakespeare].

As counsel in the North/East de-merger and land cases arising from the 13th Amendment, will be unfair not to posit the kings and knights in their proper squares on the chessboard, for historys sake. A few know the background to the past.
Unpardonable, screamed the nationalists, in giving land (this land belongs to you, this land belongs to me, this land belongs to all of us, to live in harmony-local ditty) to a territory that included a dogmatic group that classified it as their exclusive homeland. Raise my hand in shame.

A jubilant senior lawyer Gomin Dayasri, writer of this article, leaving the Supreme Court after Thursday's landmark ruling on land powers.

Enigmatic Richard III was a two-dimensional character on stage than in life; more so on death, after his tortured torso was excavated this year, found buried under a Leicester car park, site of the former Greyfairs Abbey. Did the local Tricky Dickey devolve land to the province or steadfastly hold on to it, in his name? Was the old fox truly wily? No. Just plain stupid!

Brothers Jayewardene JR (Dickey) and Harry blotched a chance to exploit an unintended bounty that fell at their feet by an Indian misadventure. In failing to unravel a treasure trove that was within their grasp, if interpreted correctly: would have made them legends in their lifetime. Unknowingly saved the country: knowingly ruined it.
Astute Harry Q.C slept over it ignorantly but the lesser lawyer, elder JR, grafted from India a flawless script on Land to work on: which he blindly accepted but gave space to save the country. Bless him. We including me were daft and stupid in waiting for so long to dismember it.

Owe it to a man that insisted on a revisit to the chapter on Land. Shall, gratefully, unravel that deserving name on another day: need to keep this story short.
The recent decision of Superintendent Stafford Estate vs Rasu (SC 12/2013) has created an impact similar to the finding of a deformed skull of Richard III while digging for the remains of a discredited monarch. J.R. Jayewardene stands vindicated after being cremated. Supreme Court has enhanced its image posthumously.

As a fierce opponent to his appointment state categorically the present Chief Justices judgment can stand strong against any legal scrutiny internationally and locally: outstanding as he followed the guidelines offered.
The 13th Amendment shifted Land from the Centre to the Periphery was the ready reckoner. The UNP Government nonchalantly remained silent: absorbing the lamentation of the majority. On a surface scratch it appeared to be so, an eerie silence confirmed it. Minister Gamini Jayasuriya resigned accusing the Government of deceit and duplicity in the Indo-Sri Lanka accord. Interfering Rajiv Gandhi went home after the shock and awe treatment despised by all in the land of Ravana. The UNP Government bent backwards to slow track devolution amidst terrorism: JR died remembered as the traitorous man who sold the country.

The LTTE in possession of a substantial portion of the land was not tickled by constitutional manipulations. The TULF balancing to survive under the LTTE yoke and the Indian sway played it opportunistically: dismissing it palpably and restating it opaquely: satisfying competing forces. The TNA shows its true intent presently; enjoying the freedom denied by former terror controllers before whom they succumbed. With the LTTE no more: they cry for the 13th they once decried (except for Anandasangaree); they have no alternate but fiddle India to regain the land lost.

The TNA should blame India for not achieving their objective for sure they wont; Sri Lanka is their permanent punching bag: while absolving India. The TNA waited to lunge for the tape at the finishing line (where they were positioned before the judgment) and do a lap of honour after the elections with the land in their pocket. They will dare not fault the Indians for the flaw: instead pressurise to make Sri Lanka remake the lost ground. If the Indians are smart, may ask why the counsel in the case, TNA lawyer/MP, provided no legal response on his feet in the case? The place and time to lay it down steadfastly. Dont fault him; he could say little, as JRs transcript was word perfect.

In a hasty ill-judged ruling [John Keells case] Chief Justice Sarath Silva misconstrued the interpretation of the term Land in the 13th Amendment.
Sarath Silva was an outstanding judge contributing substantially to the rise and fall of the legal system. His judgment in the de-merger case made under pressure was perfect. None said it was faulty: JR crumbled the merger based on poor legal fiction.

The challenge to a Bill by a few Provincial Chief Ministers/Ministers of this Government in the Land Ownership Bill including a few SLFP leaning lawyers enabled the Chief Ministers to take control of the lands in their provinces [President take note, they are your lads!].
A more enlightened Bench of Justices Mark Fernando, A.R.B. Amerasinghe and S.W.B Wadugodapitiya [Agrarian Services Bill] came within sniffing distance of decoding the latent cryptography in the script of the 13th Amendment, but instead skirted around and decided to save it for another day. That sunny day never came and the ignorant despondency persisted. The present Supreme Court walking on a

guided path located the lost paradise; brought it out in its glory to public pasture.
The present judgment has restored all state lands back to the Central Government in keeping to the letter of the constitution. If justification is sought on the spirit on which it was enacted, a pictorial will show pistols at the head and daggers at the chest. In constitutional interpretation, spirit is in the realm of a voodoo cult and a call goes to the hocus-pocus man to tap the super natural, if such is the agenda. Say a good word and pass merit in the memory of JR, unknowingly and unintentionally passed an immaculate script that led to a distorted plot. Every inch of this land belongs to every inhabitant, irrespective of caste or creed or conviction and has an equal right to access on parity. A taste of Tesawalamai, where discrimination still abounds is anachronistic and antiquated under the equal playing fields.

Sri Lankans emerge gloriously when they are cornered and await a pasting against the wall. Only then do Sri Lankans pick their grit and guts to respond gallantly to mend and mince. Otherwise whether it is a legal misnomer or terrorists onslaught they take it imperturbably yielding away inherent rights indifferently. As embedded in history, Sri Lanka is a triumphant nation with indefatigable people that can be bruised but not crushed.
We dont want to fight, but by jingo if we do: Weve got the stuff: Weve got the men: Weve got the pluck to match- [Adapted]