Columns - Situation Report
MiG deal: More twists, turns and threats
* PM announces select committee will probe multi-billion rupee transaction
* But angry officials hound the messenger
* Judge hands over report on Sandagiri deal but contents remain a top secret
By Iqbal Athas
There is another sequel to The Sunday Times exclusive revelations last week on the controversial MiG-27 procurement deal from Ukraine. Now, the Government of Sri Lanka will investigate the billion-rupee transaction, which has led to widespread allegations of corruption and serious irregularities.
Prime Minister Ratnasiri Wickremanayake declared on Thursday that the Government had decided to appoint a Parliamentary Select Committee to probe matters relating to the MiG-27 deal. This is in addition to another Select Committee to probe Opposition allegations that the Government made cash donations to the Liberation Tigers of Tamil Eelam (LTTE) ahead of the November 2005 Presidential elections and thereafter. Premier Wickremanayake's announcement came when he participated in the national television network Rupavahini's programme "no aesu prashna" (or - questions not asked).
Government sources said yesterday a resolution for the appointment of the Parliamentary Select Committee will be moved when sittings resume on August 21. It is likely that the terms of reference would be formulated in conjunction with Opposition parties.
The Government of Ukraine has already ordered a probe into the MiG-27 deal as revealed in The Sunday Times last week. This is to ascertain why it was touted as a "Government to Government" deal when in reality it was made through a third party - an unknown company named Bellimissa Holdings Ltd., which operated from a London address. They suspect this to be a ruse.
If nothing else is known about Bellimissa Holdings Ltd., The Sunday Times revealed last week, that the name of one individual transpired in the Sri Lanka Air Force (SLAF)-Ukrinmash Contract. That is M.I. Kuldyrkaev who signed as "Director, for and on behalf of Bellimissa Holdings Ltd.,"
According to an authoritative source in the Ukrainian capital Kiev, investigating officials there are still unable to make contact with Mr. Kuldirkaev. They have ascertained that the man who lived in the UK with his family has left to a Latin American country despite repeated appeals to return to Ukraine to answer a number of questions.
There was an inadvertent error last week. The contract between the Sri Lanka Air Force and Ukrinmash, a subsidiary of state owned Ukrspetsexport, was concluded in Kiev and not in Moscow. However, it was signed on behalf of the Commander of the SLAF by Kulasena Thantrige, Counsellor/Head of Chancery, Embassy of Sri Lanka, Moscow. Signing on behalf of Ukrinmash was its Director, D.A. Peregudov.
More details of why concerns of the Ukranian Government heightened emerged this week. Laws there forbid proceeds from the export of any product being remitted to another country. The requirement is that they should go to a bank in Ukraine. Even payment of commissions, widely practised in Ukraine, is made only thereafter. In all other military deals with Ukraine, some carried out through third parties acknowledged by that Government, as commercial deals, moneys have been directly remitted to Ukranian banks or financiers in that country.
However, in the case of the MiG-27 deal, the funds involved have, and are still going to Bellimissa Holdings Ltd., in London - a company that has no staff or office. (See Letter of Credit on this page). Nor are other particulars of the company like the Board of Directors, details of shareholders or a profile available. The SLAF-Ukrinmash Contract (article 23.1) stipulates:
"The BUYER and the SELLER are aware that a Third Party, Bellimissa Holdings Ltd. (in this Contract (Part I) referred to as the DESIGNATED PARTY") shall be involved to provide the finance needed in executing this project. All payments under this Contract, including direct payments pertaining to freight charge (except freight cost for air transportation of the first three units of the AVIATION PRODUCTS), termination, compensation, etc. shall be irrevocably assigned and paid to the DESIGNATED PARTY in consideration for obtaining the finance package. This shall include naming the DESIGNATED PARTY as the beneficiary in the L/C."
That is not all. Page 14 of the contract signed on July 26 says: "Bellimissa Holdings Ltd., represented by M.I. Kuldyrkaev, acting on the basis of the constitution of the Company (hereinafter referred to as the "Designated Party")…..
The question that naturally begs answer is whether the authorities in Sri Lanka knew of the Constitution of Bellimissa Holdings Ltd., when no other details of the company are known. This aspect has now come under scrutiny even by the Ukranian Government. The Commission to Investigate Allegations of Bribery or Corruption is now conducting a separate investigation into the MiG-27 deal.
The fact that no details of Bellimissa Holdings Ltd. is known raises several questions. It could be argued that besides commissions, the moneys paid could go to any questionable organisation.
The Sri Lanka Government should be commended for deciding, eventually to conduct a probe into the MiG-27 deal. Though the announcement came only after the Ukranian Government had begun its own probe, such a move is an acknowledgement that the issues publicly raised merited investigation. When The Sunday Times first broke the story about the MiG-27 deal on December 3, last year, in a front page report, Air Force and other Government officials were of the view that the deal should be probed. A Government official then suggested that the mandate of a three member Presidential Commission of Inquiry now probing procurements be extended to cover the MiG-27 deal.
In disclosing the Ukranian Government's investigation into this deal, I noted last week that those dabbling in millions of dollars or billions of rupees in military procurements get away in this paradise isle. "The only casualties are those exposing them. They continue to become prime targets and many an embarrassed official want to hound them out. Little wonder, to some, war is big business," I pointed out. A Sinhala translation of the Situation Report last week appeared in the Lankadeepa last Tuesday.
Last Thursday, the Free Media Movement said in a statement that "on 16th August it was reported" that protection given to Iqbal Athas, Defence Correspondent and Consultant Editor of The Sunday Times had been removed on August 15 (Wednesday)." I do not propose to discuss personal security matters except to say it was the former Government of President Chandrika Bandaranaike Kumaratunga which directed that I be assigned personal security. That was on the basis of threat perceptions she received as Minister of Defence and Commander in Chief of the armed forces. Thereafter, President Mahinda Rajapaksa, who took over in November, 2005 chose to continue it. It is the sole, and undisputed prerogative of the Ministry of Defence to determine whether or not to provide personal protection to those under threat. I do not challenge it nor complain about it. It is their right to determine priorities.
Suffice to say that Army Commander Lt. Gen. Sarath Fonseka as well Commandant of the Police Special Task Force (STF) Nimal Lewke, DIG can be proud of the men they have so tirelessly trained for personal protection. Commandos of the Army and thereafter the STF did a professional job in keeping me away from harms way. Their commitment and dedication is unmatched.
But, some of the insidious methods that are used when corrupt practices are exposed in The Sunday Times, to say the least, are highly disturbing. Those embarrassed have launched a witch-hunt for sources to a point where travel is a frightening experience. There are unsolicited motorcycle escorts who seemed to want to know where visits are being made. Some of the other hindrances placed cannot be detailed out. But they are clearly acts of intimidation to prevent further disclosures.
One comical argument was that the recently acquired MiG -27s were used to carry out a string of sorties on targets near Toppigala. That was before the Government declared it had re-captured the entire East. Therefore, attempts are being made to suggest that the purchase of such fighter jets which contributed to military victories should not be commented upon critically. How silly !! Another was the argument that the exposures on the MiG-27 deal were being made as an affront to some top defence officials and military top brass.
Yet, another is the claim that the MiG-27 (manufactured in Russia) had come from Ukraine and therefore it came for praise by those who flew it. That is not the issue. The fact is that a higher sum was paid for aircraft that were rejected earlier and found to be old.
Nothing can be furthest from the truth. The facts speak for themselves. If the facts are wrong, the strongest option left to authorities concerned is to point them out. But diverting attention by making irrelevant charges is nothing new. Weeks after President Rajapaksa was voted to power, The Sunday Times revealed exclusively how Admiral Daya Sandagiri ordered 20 year old guns for the Navy's Fast Attack Craft (FAC) fleet on the grounds they were "brand new."
The Commander of the Navy, Vice Admiral Wasantha Karannagoda, said in a report to Defence Secretary Gotabhaya Rajapaksa, "this appears to have been done deliberately in order to give time for the contractor to find the guns since they were not in production.'
Vice Admiral Karannagoda added, "Possibility exists that this was done to buy time until the Royal Navy (United Kingdom) started removing their 20 year-old guns from their vessels." He declared: "If the deal went through, the Sri Lanka Navy would have been fighting with weapons of outdated technology against the Liberation Tigers of Tamil Eelam (LTTE). This would have had a serious bearing on national security."
The disclosures led to President Rajapaksa calling upon serving judges of the Supreme Court to conduct an inquiry. He wrote in January, last year, to Chief Justice, Sarath N. Silva. This was invoking provisions in the Constitution that allows the President to obtain the opinion of the Supreme Court on "a question of law or fact" that has arisen or is likely to arise, "which is of such nature and public importance that it is expedient to obtain the opinion of the Supreme Court." The Commission to Investigate Allegations of Bribery and Corruption also conducted a separate investigation into other aspects including allegations that Admiral Sandagiri had tampered with declarations he made about his own assets. They had been deposited at Navy Headquarters.
The Chief Justice named two Commissions of Inquiry. The procurement by the Navy of "high value weapons, military equipment, material and services between 2001 and 2005 - the period when Admiral Daya Sandagiri was the Commander of the Navy - was placed in the hands of Justice Nimal Gamini Ameratunga. Among the aspects he was called upon to probe were:
* Whether proper appraisal was made on the need to procure weapons, military equipment, materials and services etc.
* Whether contract and/or agreements were entered into for the relevant procurement regarding Age and Condition of Product, Warranty, Training, Technical Services Support , After Sales Service etc.
* Whether due to negligence and/or dereliction of duty and/or impropriety and /or bribery or corruption, loss or damage was caused to the Government and, if so, persons responsible for such loss or damage.
Justice Gamini Ameratunga has already completed his investigations. His report has been handed over to President Rajapaksa but the findings still remain a Top Secret. It is clear that the revelations in The Sunday Times led to President Rajapaksa taking note. That led to the appointment of the one-man Commission on allegations against Admiral Sandagiri. Some of the charges that were probed, listed above, apply in equal measure to the MiG-27 deal. In addition there are many other aspects. One can only hope the Parliamentary Select Committee will unravel them in the national interest.
The Chief Justice also named a threemember bench comprising Justice Shirani Tillekewardena, Justice N.K. Udalagama and Justice N.E. Dissanayake. This was on the same request from President Rajapaksa. This three-member Commission, which is still sitting, is probing all military procurements during the period 2001 to 2005. If the period of reference of this Commission is extended to cover up to 2007, there is no doubt many more questionable deals would come under their scrutiny.
The fact that such Commissions have been appointed highlights that that there is, in the least, prima facie evidence that corrupt and irregular activity does take place in military procurements. The volume of money involved is enormous and the influence wielded by those benefiting in corrupt deals is so high that they could turn fact into fiction. All the recent deals have come into focus only under the Rajapaksa administration. That is not to say corruption or highly irregular activity did not take place earlier.
There were many occasions during the previous United National Front (UNF) administration where such corrupt activity was exposed by The Sunday Times. The catalogue is too long to list, but long-time readers of the newspapers would have read about them. Many who were powerful and influential were hurt by such revelations. In one instance, some even thrust a loaded automatic pistol on my head whilst a traumatised (then) seven-year-old daughter watched with desperation and mortal fear. Besides revealing such corrupt activity, The Sunday Times also bared the truth behind the Operations Cell of the Army's Directorate of Military Intelligence at Athurugiriya.
However, today there is a new and unprecedented climate. Baring the truth hurts and even deeply embarrasses some. The answer seems to be revenge, unbridled revenge. That is for not saying things that is sweet music to their ears. The message is thus clear for those who do not tell the truth the way the high and mighty see it, the way they want it said and the way they want themselves glorified.
Saturday, August 25, 2007
Wednesday, August 1, 2007
Proposed Electoral Reforms Will Reduce Muslim Representation
by Dr. HM .Mauroof
The submissions of the Interim Report of the Parliamentary Select Committee (PSC) on Electoral Reforms was followed by a series of interviews of senior representatives of political parties and by a few articles on the subject in the Daily Mirror and Sunday Times.
Having made written representations in due time to the PSC on the question of providing adequate representation in Parliament to the Muslim community without fruit, I write this in the context of the Final Report which is forthcoming; the main idea is to catch the attention of not only the Chairman and Members of the PSC but also that of opinion leaders, particularly, of the Muslim community.
The hidden defects, due more to omission than commission, in the Report on the question of providing adequate representation to the Muslims in Parliament may not at once be apparent to the general public because 75% of the total Muslim population in the country live in scattered pockets, small and large, unlike the Sinhalese in the seven Southern Provinces, Tamils in the Northern Province and the Muslims in the Eastern Province, where only 25% of the total Muslim population live.
Not only has the Interim Report failed to make provision for the Muslims outside the East to obtain due representation, but more, they have by the provisions suggested in their Report, downgraded whatever means that were already available in the previous decades from and before Independence in 1948.
During colonial times Muslim representation was sought to be achieved through the legal powers vested in the Governor, empowering him the use of his discretion to appoint them as required. Subsequently, at Independence, the Soulbury Commission sought to alleviate the problem by means of;
providing for a limited number of appointed MPs.
providing for the creation of multi-member constituencies in areas where Muslims lived in large enough concentration.
indirectly giving the Delimitation Commission an option to create constituencies with lesser number of citizens than the Provincial average would allow.
These provisions did upgrade the level of Muslim representation, but, still, never achieved numbers in proportion to the Muslim population ratio in the country.
During the period there were in all three Delimitation Commissions working under total First Past the Post (FPP) system, and all three of them in their Reports of 1947, 1959 and 1976 respectively, were unanimous in their lamentation of their impotence to make provisions for the much deserved adequate representation for Muslims, partly because of the lack of specific directions in the available provisions in the electoral laws.
Thereafter the 1978 Constitution gave birth to the total Proportional Representations (PR) System where the administrative districts became the electorate. The PR system with district-wise constituencies reduced the disadvantageous plight of the scattered Muslim community in getting adequate representation. To the credit of the then Government it introduced an amendment to the prevalent provisions, namely the fifteenth amendment to the constitution of 1988, which read as follows:
” Article 99A of the Constitution is hereby amended by the insertion immediately after the third paragraph of that Article of the following new paragraph:
‘The Commissioner of Elections shall before issuing the aforesaid notice, determine whether the number of members belonging to any community, ethnic or otherwise, elected to Parliament under Article 98 is commensurate with its national population ratio and requests the Secretary of such political party, group leader of such independent group in so nominating persons to be elected as members of Parliament to ensure as far as practicable, that the representation of all communities is commensurate with its national population ratio’.”
In fact, subsequently for the very first time the Muslims on one occasion were able to touch and surpass, although marginally, their due 8% ratio.
On the basis of this at every General Election since the Amendment, the Muslims secured representation, though geographically lopsided, equal to their country-wide population ratio; lopsided because half the total representatives came from the Eastern Province. However, what was gained in quantity, the system gave birth to, like for all communities in common, a set of poor quality representation, for reasons that are commonly known.
It is for this reason that there has developed a consensus in the country in favour of a change from the PR system.
It is this context that the PSC is offering in its Interim Report a mixture of the FPP and the PR system namely, 140 under the FPP, 70 under the District PR system and 15 under the National List.
These ratios recommended in the Interim Report, on deeper examination, reveal a probable dark future for Muslim representation. The after effects of its implementation threaten to reduce Muslim representation to levels lower than ever before.
After every census since Independence the number of Parliamentary constituencies increased naturally - the first Parliament had 95 elected members from 89 constituencies in 1947 and the last under the FPP of 1977, 168 members from 160 constituencies. Each time electoral constituencies are increased in numbers the area of each one of these got constricted, and, in consequence the percentage of Muslims in the constituency increased; and this fact enhanced the respective Delimitation Commissions to try demarcate constituencies to facilitate Muslim representation. In 1959 citizen population in the country was 8 million and the Delimitation Commission of that year demarcated 145 constituencies to elect 151 members, the 1976 citizen population was 12 million and today it is nearly 21 million.. Therefore in order to maintain a situation of status quo of percentage Muslim population a Delimitation Commission has, theoretically and allowing for other variables, to have over 200 constituencies; the Interim Report has recommended to reduce the number of electorates to 140 which is less than even the number of electorates in 1959! Such will further dilute the Muslim populate, helping eliminate chances of Muslims getting elected in the eight Provinces outside the East.
The Interim Report prescribes only single-member electorates as against the earlier availability, during the entire period of the FPP system from 1947 to 1977, of several multi-member constituencies which help facilitate the scattered Muslim community to elect their due numbers. Never was it ever possible for the Muslim community during the FPP system to elect their 8% share of members to Parliament and about 50% of those that got elected came through multi-member constituencies, especially from outside the East. Therefore artificially helping dilute the already scattered and naturally diluted Muslim community will only help further decimate Muslim representation in Parliament.
One third, namely 70 are recommended to be elected through the PR system which is totally different from the PR system prevalent up until to-day.
It is difficult to forecast how a minority party candidate will fare under this system, but, in the current circumstances it would seem heavily weighted in favour of candidates of the two major parties. However the percentage of vote obtained by Parties contesting under minority Party labels , while not helping themselves in terms of victory in the eight Provinces outside the East, will add to the chances of Muslim candidates contesting under major Party labels to lose out.
The recommended national List of 15 is according to the Interim Report, to be constituted under three categories, namely, 5 as bonus seats to the Party that polled the largest, 3 to unrepresented minor Parties and 7 to be allocated to the votes polled in the country.
This recommendation annuls in one stroke the provisions made available to make up any shortfall in equitable community representation made available in the 15th amendment of 1988 referred to earlier on.
The District MPs categorized in the Interim Report as District Proportional Representatives (DPR) seats is really a misnomer. Those to be chosen as MPs under the DPR category are from among the losing candidates from constituencies for which MPs have already been elected under the FPP system. These cannot in anyway claim to represent the whole District, and, appear merely as an excuse to include a category called DPR MPs. It would therefore be more appropriate to reduce the area of each constituency in the District and demarcate smaller constituencies. Taking into consideration the interests of all the communities and groups it would appear reasonable to allow 180 seats under the FPP system and include 45 seats on the National List.
Of these 45 National List MPs, 29 as in the present Parliament could be elected on national PR subject to the 15th Amendment of 1988, the remainder to be allocated to small Parties and smaller unrepresented communities like the Veddhas, Burghers and Malays etc.
Finally every single Delimitation Commission had emphasized and re-emphasized the need to provide adequate and equitable representation to all communities in the country. The 1959 Commission put this point succinctly in para 30 of its Report, which stated “The main intention of the Order in Council as amended is clearly is to render possible the representation of citizens united by ties of race, religion, or any other community of interest. The Commission has endeavoured to give effect to this intention as far as it is possible so that Parliament would be a mirror of the will of the people. We were careful not to create a sense in the Nation that any single class of any importance is excluded from power; any exclusion from power tends naturally to mean exclusion from benefits too.”
Considerations of the aspect of adequate representation to all communities is most important, particularly in the present era when the main and primary issues facing the country seem to emanate from the question of ethnicity. The PSC should take timely affirmative action not to evoke dissatisfaction causing causes for agitation and be fair by all communities that constitute the Nation.
In the circumstances it appears to us that the most important and fundamental provisions that should be embedded within the electoral laws should give the following direction to the Delimitation Commission: “The Delimitation Commission shall render it probable that every community in the Country obtain Parliamentary representation equal in number to its country-widepopulation ratio”.
Dr H.M.Mauroof is President of the National Muslim Movement
http://federalidea.com/focus/archives/106
The submissions of the Interim Report of the Parliamentary Select Committee (PSC) on Electoral Reforms was followed by a series of interviews of senior representatives of political parties and by a few articles on the subject in the Daily Mirror and Sunday Times.
Having made written representations in due time to the PSC on the question of providing adequate representation in Parliament to the Muslim community without fruit, I write this in the context of the Final Report which is forthcoming; the main idea is to catch the attention of not only the Chairman and Members of the PSC but also that of opinion leaders, particularly, of the Muslim community.
The hidden defects, due more to omission than commission, in the Report on the question of providing adequate representation to the Muslims in Parliament may not at once be apparent to the general public because 75% of the total Muslim population in the country live in scattered pockets, small and large, unlike the Sinhalese in the seven Southern Provinces, Tamils in the Northern Province and the Muslims in the Eastern Province, where only 25% of the total Muslim population live.
Not only has the Interim Report failed to make provision for the Muslims outside the East to obtain due representation, but more, they have by the provisions suggested in their Report, downgraded whatever means that were already available in the previous decades from and before Independence in 1948.
During colonial times Muslim representation was sought to be achieved through the legal powers vested in the Governor, empowering him the use of his discretion to appoint them as required. Subsequently, at Independence, the Soulbury Commission sought to alleviate the problem by means of;
providing for a limited number of appointed MPs.
providing for the creation of multi-member constituencies in areas where Muslims lived in large enough concentration.
indirectly giving the Delimitation Commission an option to create constituencies with lesser number of citizens than the Provincial average would allow.
These provisions did upgrade the level of Muslim representation, but, still, never achieved numbers in proportion to the Muslim population ratio in the country.
During the period there were in all three Delimitation Commissions working under total First Past the Post (FPP) system, and all three of them in their Reports of 1947, 1959 and 1976 respectively, were unanimous in their lamentation of their impotence to make provisions for the much deserved adequate representation for Muslims, partly because of the lack of specific directions in the available provisions in the electoral laws.
Thereafter the 1978 Constitution gave birth to the total Proportional Representations (PR) System where the administrative districts became the electorate. The PR system with district-wise constituencies reduced the disadvantageous plight of the scattered Muslim community in getting adequate representation. To the credit of the then Government it introduced an amendment to the prevalent provisions, namely the fifteenth amendment to the constitution of 1988, which read as follows:
” Article 99A of the Constitution is hereby amended by the insertion immediately after the third paragraph of that Article of the following new paragraph:
‘The Commissioner of Elections shall before issuing the aforesaid notice, determine whether the number of members belonging to any community, ethnic or otherwise, elected to Parliament under Article 98 is commensurate with its national population ratio and requests the Secretary of such political party, group leader of such independent group in so nominating persons to be elected as members of Parliament to ensure as far as practicable, that the representation of all communities is commensurate with its national population ratio’.”
In fact, subsequently for the very first time the Muslims on one occasion were able to touch and surpass, although marginally, their due 8% ratio.
On the basis of this at every General Election since the Amendment, the Muslims secured representation, though geographically lopsided, equal to their country-wide population ratio; lopsided because half the total representatives came from the Eastern Province. However, what was gained in quantity, the system gave birth to, like for all communities in common, a set of poor quality representation, for reasons that are commonly known.
It is for this reason that there has developed a consensus in the country in favour of a change from the PR system.
It is this context that the PSC is offering in its Interim Report a mixture of the FPP and the PR system namely, 140 under the FPP, 70 under the District PR system and 15 under the National List.
These ratios recommended in the Interim Report, on deeper examination, reveal a probable dark future for Muslim representation. The after effects of its implementation threaten to reduce Muslim representation to levels lower than ever before.
After every census since Independence the number of Parliamentary constituencies increased naturally - the first Parliament had 95 elected members from 89 constituencies in 1947 and the last under the FPP of 1977, 168 members from 160 constituencies. Each time electoral constituencies are increased in numbers the area of each one of these got constricted, and, in consequence the percentage of Muslims in the constituency increased; and this fact enhanced the respective Delimitation Commissions to try demarcate constituencies to facilitate Muslim representation. In 1959 citizen population in the country was 8 million and the Delimitation Commission of that year demarcated 145 constituencies to elect 151 members, the 1976 citizen population was 12 million and today it is nearly 21 million.. Therefore in order to maintain a situation of status quo of percentage Muslim population a Delimitation Commission has, theoretically and allowing for other variables, to have over 200 constituencies; the Interim Report has recommended to reduce the number of electorates to 140 which is less than even the number of electorates in 1959! Such will further dilute the Muslim populate, helping eliminate chances of Muslims getting elected in the eight Provinces outside the East.
The Interim Report prescribes only single-member electorates as against the earlier availability, during the entire period of the FPP system from 1947 to 1977, of several multi-member constituencies which help facilitate the scattered Muslim community to elect their due numbers. Never was it ever possible for the Muslim community during the FPP system to elect their 8% share of members to Parliament and about 50% of those that got elected came through multi-member constituencies, especially from outside the East. Therefore artificially helping dilute the already scattered and naturally diluted Muslim community will only help further decimate Muslim representation in Parliament.
One third, namely 70 are recommended to be elected through the PR system which is totally different from the PR system prevalent up until to-day.
It is difficult to forecast how a minority party candidate will fare under this system, but, in the current circumstances it would seem heavily weighted in favour of candidates of the two major parties. However the percentage of vote obtained by Parties contesting under minority Party labels , while not helping themselves in terms of victory in the eight Provinces outside the East, will add to the chances of Muslim candidates contesting under major Party labels to lose out.
The recommended national List of 15 is according to the Interim Report, to be constituted under three categories, namely, 5 as bonus seats to the Party that polled the largest, 3 to unrepresented minor Parties and 7 to be allocated to the votes polled in the country.
This recommendation annuls in one stroke the provisions made available to make up any shortfall in equitable community representation made available in the 15th amendment of 1988 referred to earlier on.
The District MPs categorized in the Interim Report as District Proportional Representatives (DPR) seats is really a misnomer. Those to be chosen as MPs under the DPR category are from among the losing candidates from constituencies for which MPs have already been elected under the FPP system. These cannot in anyway claim to represent the whole District, and, appear merely as an excuse to include a category called DPR MPs. It would therefore be more appropriate to reduce the area of each constituency in the District and demarcate smaller constituencies. Taking into consideration the interests of all the communities and groups it would appear reasonable to allow 180 seats under the FPP system and include 45 seats on the National List.
Of these 45 National List MPs, 29 as in the present Parliament could be elected on national PR subject to the 15th Amendment of 1988, the remainder to be allocated to small Parties and smaller unrepresented communities like the Veddhas, Burghers and Malays etc.
Finally every single Delimitation Commission had emphasized and re-emphasized the need to provide adequate and equitable representation to all communities in the country. The 1959 Commission put this point succinctly in para 30 of its Report, which stated “The main intention of the Order in Council as amended is clearly is to render possible the representation of citizens united by ties of race, religion, or any other community of interest. The Commission has endeavoured to give effect to this intention as far as it is possible so that Parliament would be a mirror of the will of the people. We were careful not to create a sense in the Nation that any single class of any importance is excluded from power; any exclusion from power tends naturally to mean exclusion from benefits too.”
Considerations of the aspect of adequate representation to all communities is most important, particularly in the present era when the main and primary issues facing the country seem to emanate from the question of ethnicity. The PSC should take timely affirmative action not to evoke dissatisfaction causing causes for agitation and be fair by all communities that constitute the Nation.
In the circumstances it appears to us that the most important and fundamental provisions that should be embedded within the electoral laws should give the following direction to the Delimitation Commission: “The Delimitation Commission shall render it probable that every community in the Country obtain Parliamentary representation equal in number to its country-widepopulation ratio”.
Dr H.M.Mauroof is President of the National Muslim Movement
http://federalidea.com/focus/archives/106
Approaching Ethnic Problem as Terrorist is like Catching Cobra by its tail
by Savimon Urugodawatte
Some of our political leaders are, as it is said, trying to catch the cobra by the tail, based on the presumption that there is no ethnic problem but only a terrorist problem. What they do not realise is that it is suicidal to catch the cobra that way.
Reminiscing of the pre-Independence days, there seems to have been no ethnic issue but only a host of national issues, such as winning full Independence, language problem where the mother tongue is neglected, problem of shedding colonial and imperial vestiges and issues related to development of the motherland. All ethnic entities were represented in the Ceylon National Congress and it was good leadership that was aimed at and not parochial or communal leadership. We all know that all communities - Sinhalese, Tamils, Muslims and Burghers - and all religious groups - Buddhists, Hindus, Islamists Christians and others - fought for Independence under one umbrella , i. e.., Ceylon National Congress, although there were few other independent political groups like the L S S P and Labour Party, campaigning for full Independence.
When the 1947 election was fought, all citizens born in this country, irrespective of their origin, were called “British Subjects.” However, due to power politics coming into play the D S Senanayake Government disenfranchised all Indian Tamils who were enjoying their birth right of adult suffrage, by one stroke of the pen, without instituting any just and reasonable alternative system, merely because, they did not exercise their voting rights in favour of the then hurriedly formed U N P.
Then came the Sinhala Only Act in 1956, without the Reasonable Use of Tamil clause, which was annulled by S W R D, bowing down to the pressure of the extremist groups led by F R Jayasuriya and K M P Rajaratne, who commenced a fast unto death at the Parliamentary premises.
Next phase was the annulment of the B - C Pact, agreed to by and between the leaders of the 2 main communities, also due to political gimmicks carried out by J R Jayewardene (infamous Pada Yathra to Kandy) and the extremist elements of the Buddhist clergy. Likewise, Dudley - Chelvanayakam Pact was also abrogated due to vehement opposition of the then opposition, S L F P.
Coming to the period under the Premiership of Madam Sirimavo Bandaranaike, who was one of the far - thinking leaders that we had in our recent history, the problem of Indian Tamils who were brought here by the Colonial Government to work in their plantations, was settled once and for all through the Sirima - Shastri Agreement, of course with the tacit concurrence of the then Leader of the Opposition, Dudley Senanayke. Under this Agreement, India undertook to accept 2/3 of the Indian Tamil population and made arrangements to settle them in South India, from where they originally came. Sri Lanka agreed to absorb the balance 1/3 . If this Agreement was fully implemented, our centuries - old problem would have been settled, leading to the economic development of the country.
Then comes the 1977 era under J R Jayewardene, who came to power, having promised the Tamil Community to solve all their problems through a Round Table Conference. However, when he received a 5/6 majority, he just pooh poohed the tacit undertaking he had given the leaders of the Tamil Community, who ultimately lost their confidence in the majority community and began to launch their real struggle, aiming not at not equal opportunities but a separate administrative unit of their own (Ealam). This was aggravated by the passing of the 6th Amendment to the Constitution, which threw out the few Tamil Representatives from Parliament, thereby leading the way to a liberation struggle. Mushroom revolutionary groups who disregarded their traditional leaders, began to organise themselves, and it came to a zenith in 1983 with the blowing up of a military camp in jaffna, killing 13 soldiers. What happened thereafter is recent history, well known to all. The way the anti - Tamil uprising was handled by the J R Government made matters worse, leading to a blood bath affecting innocent Tamils, resulting in the dispatch of ships by India to take the Tamil refugees to India for safety. Terrorism was actually born and bred in the Refugee camps aided by and abetted by India, mainly because the J R Government turned our Non - aligned Foreign Policy upside down and launched a pro - U S and anti - India Foreign Policy.
Ultimately, the all powerful J R Government had to eat humble pie, especially after India dropped dhal parcels into Jaffna to beat J R’s food embargo on Jaffna. Its logical outcome was the pressure brought by India due to which the Government had to agree to Timpu talks and J R - Rajiv Agreement to get the Indian army to crush the rebels. The culmination of this process was the passing of the 13th Amendment to the Constitution devolving power to Provinces. However, this devolution of power was not to be. The Central Government under J R and R P and also under C B K never moved an inch from their stand to devolve power to the peripheral units as envisaged by the 13th Amendment
However, when J R J went for a Presidential Election in October, 1982, Hector Kobbekaduwa who was the respected leader of the S L F P came forward to oppose J R J since Sirimavo’s civic rights had earlier been withdrawn, in preparation to launch a one horse race. This was the only rare occasion when all anti - U N P forces could have allied in full force to defeat a despotic leader. But that was not to be! Although in a country like China, even Mao Zedong came to terms with the arch enemy Chiang Kai-shek to defeat Japanese invaders, here in our country, leftist leaders, Rohana Wijeweera, Colvin R. de Silva and Vasudeva Nanayakkara and Tamil leader, Kumar Ponnamabalam, came forward to contest the Presidency, knowing very well that there was no chance whatsoever. However, the people of Jaffna voted to give 2nd place to Kobbekaduwa while giving first place to their candidate, Kumar Ponnambalam as shown by the results of this election in the Jaffna District ,
Next episode of our blunders makes its appearance in December, 1982, when the term Parliament was extended for a further period of 6 years by a manipulated Referendum, if not for which the electors of the country would have elected a different Government or the same Government with a lesser majority. This was done by J R J on his misconceived perception that the so - called Naxalites are trying to take over the Government through a blood bath. He got all those who opposed the Referendum, led by the Pevidi Handa Sanvidhanaya, consisting of religious leaders belonging to all faiths, arrested and crushed the movement. He used Police lackeys like Premadasa Udugampola to ruthlessly crush these movements and rewarded them with promotions !
Even the Police officer who mercilessly manhandled Vivien Gunawwardene was also promoted. By the way it was Premadasa Udugampola’s brother Kulasiri Udugampola, who was used by Ranil Wickremasinghe to raid the Millenium City and expose the army intelligence contingent and exterminated all of them by exposing them to Prabhakaran. ( We are yet unaware of the findings of the Commission that was appointed by President Mahinda Rajapakse to probe the Millenium City debacle !). However, it should be noted in this instance that although J R J probed the so-called Naxalite movement, he was not able to prove anything or prosecute anyone. It became a hoax initiated by him to achieve his goal. In this so-called Referendum too, Jaffna voters came out in full force to defeat the Referendum by casting 265,534 votes against, ( for Pot ) with only 25,315 for the Lamp. Wanni and Batticaloa also gave their overwhelming support for the Pot.
Now we come to the 1994 era when C B K contested the Presidential Election. With an amenable background of history of trying to settle the Ethnic problem by meeting the Rebel leaders, both in Jaffna and India, together with her Charismatic husband Vijaya Kumaratunga, the Rebel leader and his group had placed a certain amount of confidence in her leadership as seen from the support she received from the Tamil voters as seen from the following figures indicating the pattern of voting in the Jaffna, Wanni, Trincomalee and Batticaloa Districts for the 2 main candidates, namely, Chandrika Kumaratunga and Srima Dissanayake :
At this Election, C B K received a 62.5 % majority, quite a good mandate for her to solve the main national problem, if she actually had the correct vision and good and wise counsel.
But what happened ? As usual, she was bereft of good counsel, even ignoring her own mother who had steered the country during difficult times, showing her acumen and statesmanship. This fact is well illustrated when you look at the team she had selected to negotiate PEACE with the leaders of the LTTE. The mediators who were sent had no knowledge or experience for such an important undertaking, except perhaps for the former Civil Servant, Lionel Fernando, who was a well respected and accepted administrator in Jaffna and who had commandeered the respect and confidence of the Tamil community, while he was G A, Jaffna. S L F P leaders like Maithripala Senanayke and K. B. Ratnayake who knew their language and felt the pulse of the people and even a person like Lakshman Jayakody who had a balanced mind in dealing with such problems were ignored. Subsequently, even Lionel Fernando withdrew from the Team since he felt that nothing tangible will come out of the talks.
This was the last chance we missed in settling the ethnic problem, which has now spread its tentacles not only all over our country but through the world. Power struggle, politics and poor statesmanship have contributed to the sad state we are compelled to put up with today.
We earnestly hope that at least President Mahinda Rajapakse, who is well aware of the ups and downs we underwent and the political intrigues staged by our past leaders to please the voters, would consider our past failures and learn lessons therefrom and steer this country out of the present mess, taking an apolitical stand on this main national issue.
http://federalidea.com/focus/archives/105
Some of our political leaders are, as it is said, trying to catch the cobra by the tail, based on the presumption that there is no ethnic problem but only a terrorist problem. What they do not realise is that it is suicidal to catch the cobra that way.
Reminiscing of the pre-Independence days, there seems to have been no ethnic issue but only a host of national issues, such as winning full Independence, language problem where the mother tongue is neglected, problem of shedding colonial and imperial vestiges and issues related to development of the motherland. All ethnic entities were represented in the Ceylon National Congress and it was good leadership that was aimed at and not parochial or communal leadership. We all know that all communities - Sinhalese, Tamils, Muslims and Burghers - and all religious groups - Buddhists, Hindus, Islamists Christians and others - fought for Independence under one umbrella , i. e.., Ceylon National Congress, although there were few other independent political groups like the L S S P and Labour Party, campaigning for full Independence.
When the 1947 election was fought, all citizens born in this country, irrespective of their origin, were called “British Subjects.” However, due to power politics coming into play the D S Senanayake Government disenfranchised all Indian Tamils who were enjoying their birth right of adult suffrage, by one stroke of the pen, without instituting any just and reasonable alternative system, merely because, they did not exercise their voting rights in favour of the then hurriedly formed U N P.
Then came the Sinhala Only Act in 1956, without the Reasonable Use of Tamil clause, which was annulled by S W R D, bowing down to the pressure of the extremist groups led by F R Jayasuriya and K M P Rajaratne, who commenced a fast unto death at the Parliamentary premises.
Next phase was the annulment of the B - C Pact, agreed to by and between the leaders of the 2 main communities, also due to political gimmicks carried out by J R Jayewardene (infamous Pada Yathra to Kandy) and the extremist elements of the Buddhist clergy. Likewise, Dudley - Chelvanayakam Pact was also abrogated due to vehement opposition of the then opposition, S L F P.
Coming to the period under the Premiership of Madam Sirimavo Bandaranaike, who was one of the far - thinking leaders that we had in our recent history, the problem of Indian Tamils who were brought here by the Colonial Government to work in their plantations, was settled once and for all through the Sirima - Shastri Agreement, of course with the tacit concurrence of the then Leader of the Opposition, Dudley Senanayke. Under this Agreement, India undertook to accept 2/3 of the Indian Tamil population and made arrangements to settle them in South India, from where they originally came. Sri Lanka agreed to absorb the balance 1/3 . If this Agreement was fully implemented, our centuries - old problem would have been settled, leading to the economic development of the country.
Then comes the 1977 era under J R Jayewardene, who came to power, having promised the Tamil Community to solve all their problems through a Round Table Conference. However, when he received a 5/6 majority, he just pooh poohed the tacit undertaking he had given the leaders of the Tamil Community, who ultimately lost their confidence in the majority community and began to launch their real struggle, aiming not at not equal opportunities but a separate administrative unit of their own (Ealam). This was aggravated by the passing of the 6th Amendment to the Constitution, which threw out the few Tamil Representatives from Parliament, thereby leading the way to a liberation struggle. Mushroom revolutionary groups who disregarded their traditional leaders, began to organise themselves, and it came to a zenith in 1983 with the blowing up of a military camp in jaffna, killing 13 soldiers. What happened thereafter is recent history, well known to all. The way the anti - Tamil uprising was handled by the J R Government made matters worse, leading to a blood bath affecting innocent Tamils, resulting in the dispatch of ships by India to take the Tamil refugees to India for safety. Terrorism was actually born and bred in the Refugee camps aided by and abetted by India, mainly because the J R Government turned our Non - aligned Foreign Policy upside down and launched a pro - U S and anti - India Foreign Policy.
Ultimately, the all powerful J R Government had to eat humble pie, especially after India dropped dhal parcels into Jaffna to beat J R’s food embargo on Jaffna. Its logical outcome was the pressure brought by India due to which the Government had to agree to Timpu talks and J R - Rajiv Agreement to get the Indian army to crush the rebels. The culmination of this process was the passing of the 13th Amendment to the Constitution devolving power to Provinces. However, this devolution of power was not to be. The Central Government under J R and R P and also under C B K never moved an inch from their stand to devolve power to the peripheral units as envisaged by the 13th Amendment
However, when J R J went for a Presidential Election in October, 1982, Hector Kobbekaduwa who was the respected leader of the S L F P came forward to oppose J R J since Sirimavo’s civic rights had earlier been withdrawn, in preparation to launch a one horse race. This was the only rare occasion when all anti - U N P forces could have allied in full force to defeat a despotic leader. But that was not to be! Although in a country like China, even Mao Zedong came to terms with the arch enemy Chiang Kai-shek to defeat Japanese invaders, here in our country, leftist leaders, Rohana Wijeweera, Colvin R. de Silva and Vasudeva Nanayakkara and Tamil leader, Kumar Ponnamabalam, came forward to contest the Presidency, knowing very well that there was no chance whatsoever. However, the people of Jaffna voted to give 2nd place to Kobbekaduwa while giving first place to their candidate, Kumar Ponnambalam as shown by the results of this election in the Jaffna District ,
Next episode of our blunders makes its appearance in December, 1982, when the term Parliament was extended for a further period of 6 years by a manipulated Referendum, if not for which the electors of the country would have elected a different Government or the same Government with a lesser majority. This was done by J R J on his misconceived perception that the so - called Naxalites are trying to take over the Government through a blood bath. He got all those who opposed the Referendum, led by the Pevidi Handa Sanvidhanaya, consisting of religious leaders belonging to all faiths, arrested and crushed the movement. He used Police lackeys like Premadasa Udugampola to ruthlessly crush these movements and rewarded them with promotions !
Even the Police officer who mercilessly manhandled Vivien Gunawwardene was also promoted. By the way it was Premadasa Udugampola’s brother Kulasiri Udugampola, who was used by Ranil Wickremasinghe to raid the Millenium City and expose the army intelligence contingent and exterminated all of them by exposing them to Prabhakaran. ( We are yet unaware of the findings of the Commission that was appointed by President Mahinda Rajapakse to probe the Millenium City debacle !). However, it should be noted in this instance that although J R J probed the so-called Naxalite movement, he was not able to prove anything or prosecute anyone. It became a hoax initiated by him to achieve his goal. In this so-called Referendum too, Jaffna voters came out in full force to defeat the Referendum by casting 265,534 votes against, ( for Pot ) with only 25,315 for the Lamp. Wanni and Batticaloa also gave their overwhelming support for the Pot.
Now we come to the 1994 era when C B K contested the Presidential Election. With an amenable background of history of trying to settle the Ethnic problem by meeting the Rebel leaders, both in Jaffna and India, together with her Charismatic husband Vijaya Kumaratunga, the Rebel leader and his group had placed a certain amount of confidence in her leadership as seen from the support she received from the Tamil voters as seen from the following figures indicating the pattern of voting in the Jaffna, Wanni, Trincomalee and Batticaloa Districts for the 2 main candidates, namely, Chandrika Kumaratunga and Srima Dissanayake :
At this Election, C B K received a 62.5 % majority, quite a good mandate for her to solve the main national problem, if she actually had the correct vision and good and wise counsel.
But what happened ? As usual, she was bereft of good counsel, even ignoring her own mother who had steered the country during difficult times, showing her acumen and statesmanship. This fact is well illustrated when you look at the team she had selected to negotiate PEACE with the leaders of the LTTE. The mediators who were sent had no knowledge or experience for such an important undertaking, except perhaps for the former Civil Servant, Lionel Fernando, who was a well respected and accepted administrator in Jaffna and who had commandeered the respect and confidence of the Tamil community, while he was G A, Jaffna. S L F P leaders like Maithripala Senanayke and K. B. Ratnayake who knew their language and felt the pulse of the people and even a person like Lakshman Jayakody who had a balanced mind in dealing with such problems were ignored. Subsequently, even Lionel Fernando withdrew from the Team since he felt that nothing tangible will come out of the talks.
This was the last chance we missed in settling the ethnic problem, which has now spread its tentacles not only all over our country but through the world. Power struggle, politics and poor statesmanship have contributed to the sad state we are compelled to put up with today.
We earnestly hope that at least President Mahinda Rajapakse, who is well aware of the ups and downs we underwent and the political intrigues staged by our past leaders to please the voters, would consider our past failures and learn lessons therefrom and steer this country out of the present mess, taking an apolitical stand on this main national issue.
http://federalidea.com/focus/archives/105
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