Government in an extremely delicate position

By Victor Ivan

However, even the move towards peace talks is not preceded by the fundamental condition of creating a suitable political atmosphere for it.

The President had said that anyone involved in election malpractices and violence would not be given posts in the government. But it looks as if she had considered malpractices and violence as qualifications for those posts.

The executive committee of the PA had declared that it had decided not to issue liquor permits to MPs and to withdraw all those issued, in view of the protests against the policy of issuing liquor permits to MPs. However that declaration has proved to be only a camouflage to deceive the people.

There is no possibility of withdrawing the liquor permits issued to MPs. If that is done all liquor shops opened recently will have to be closed. But so far not a single liquor shop maintained on permits issued to MPs has been closed. It is impossible to think that they will be closed either.

About the four commissions demanded by the opposition in the interest of democratic political morality too, the government is following an evasive policy. The President in her policy declaration said that the PA too accepted the need for such commissions and that provision for some of those commissions has been made in the proposed new Constitution and that if support had been given to get the Constitution passed, those commissions could have been constituted without any difficulty.

Appointing any four commissions relating to these four subjects will not be a solution to the problem. The matters that will be most important are the power that those commissions will get, the extent of independence that they will be granted and the process through which persons will be appointed to those commissions, and so on.

None of the commissions provided for in the proposed Constitution would have such a strong foundation. Unlimited powers in appointing persons to extremely important posts are given to the President. When such arbitrary and unlimited powers are given to Presidents they have not shown any tendency to act justly. That is why in the modern world the process of selecting and appointing persons to very important positions has been placed beyond the arbitrary control of the head of state.

On the other hand fulfilment of certain conditions for democratic political culture need not be delayed until a new Constitution is adopted. It was before the Parliamentary election that the need had arisen for an independent elections commission for the purpose of holding an election free of malpractices. Although the European Union had emphasized to the government the need to have an independent elections commission before the parliamentary election in view of the corrupt practices that had occurred at the Presidential election, the government disregarded it because it wanted to win the Parliamentary election by fair means or otherwise in order to further safeguard its victory at the Presidential election.

Although the government won the election allegedly through violence and organised malpractices its victory was adequate only to form a government with great difficulty. It's a weak government which might crumble at any time. 

The process of granting ministerial posts is still incomplete. In order to satisfy the people, the deputy ministry of defence was not given to anyone. The deputy ministry of finance was kept vacant for sometime because a portion of it was allegedly demanded by Minister S.B. Dissanayake. Finally both those posts were filled in such a way as to make the people laugh. Alleged pressure from General Anuruddha Ratwatte was overcome by appointing him again to that post when the President was abroad. Due to rumours that the functions of the deputy ministry of finance were to be divided between Prof. G.L. Pieris and Minister S.B. Dissanayake, that post was given only to Prof. Pieris at the beginning but due to alleged pressure from Minister S.B. Dissanayake the functions of the post were divided and a portion given to Minister S.B. Dissanayake.

The Cabinet making process showed very well how the President's leadership has become quite debilitated. The President could have prevented this situation if she had explained the necessity to appoint a small Cabinet in order to avoid criticism that a large expenditure would have to be incurred if a large Cabinet is appointed. At a time when the government had to be formed with great difficulty and the necessity to form a small Cabinet for the sake of the government's survival essential, the President could have requested all those who were not getting ministries to be patient at this special moment. However what the President did instead was to follow a policy of granting portions of ministries to ministers for the purpose of pleasing everybody. That policy did not please anybody but only turned the administration into a mess. In order to please a single minister, portions of ministries had to be given on four occasions. Due to the objections expressed by Minister G. L. Pieris to the bifurcation of the post of deputy finance minister, no one was appointed to that post for a short period. When it was necessary to appoint a deputy minister of finance to present the vote on account, Prof. Peiris was appointed. However, for the purpose of pleasing Minister Dissanayake who was allegedly dissatisfied, the post was divided into two a few days later and a portion given to him.

He is said to have been displeased that while Mangala Samaraweera alone had been given the ministry that he had asked for, he had been denied the ministry he had asked for, and had been given only a partial ministry which had less power. He is said to have demanded more and more. He was given a number of posts, but he knew they were not vital posts. At the end, he asked for the most powerful post of the deputy finance minister. He is said to have refrained from getting his letter heads printed pending his getting what he had asked for. Finally the President had to grant his request. But this is said to have not only displeased Prof. Pieris but exacerbated the frustration of all those who had received ministerial posts. Why the President is apparently out to please Minister Dissanayake alone has become an important topic of discussion among others.

Although the government is committed to a resumption of peace talks as a strategy for getting international aid which has diminished, such peace talks undertaken without serious preparation and without getting the required background ready, is likely to aggravate rather than solve the complicated situation that prevails in the country. The move towards peace talks has created a state of dissatisfaction in the EPDP. The government has not so far been able to solve entirely the crisis that has arisen with the EPDP and the NUA. It is faced with the task of managing to survive on a majority of four seats. This is not a position in which a government can withstand even an ordinary political gust, to say nothing of a political whirlwind.

With the end of the festive season at the end of the year, the government will face external challenges and internal disputes too will worsen. 

The impeachment motion which the opposition is due to bring against the Chief Justice at the beginning of the new year is going to be the first shot fired that will shake the government. 

The writer is the editor of Ravaya

Legal snags on road to the gallows

By Chandani Kirinde

Justice Minister Batty Weerakoon said "although the Government is serious about implementing capital punishment, there seems to be a legal snag that could delay such a move'.

Another hurdle could be the opposition of civil rights groups to the re-implementation of the death sentence, he said.

The Civil Rights Movement (CRM) of Sri Lanka wrote to Minister Weerakoon this week urging the government not to resume executions under any circumstances but to identify the real solutions to violent crime and pursue them. 

International human rights organizations such as Amnesty International (AI) also strongly oppose the executions of prisoners, instead favouring life sentences for those on whom the death sentence has been passed.

Mr.Weerakoon told reporters this week that the Government must go with the mood of the people who were demanding tougher action against those accused of violent crime as the crime rate in the country continues to soar.

Mr.Weerakoon said that there were 57 prisoners on death row who have exhausted all their avenues of appeal against the death sentences passed on them, while 125 other appeals are pending.

He said the government viewed the problem of crime seriously and said in March 1999 the President had written to then Justice Minister G.L.Peiris asking him to expedite measures to re-implement the death sentence.

However the matter came up for serious discussion only two weeks ago when it was brought up at the Cabinet meeting by Mr.Weerakoon who pointed out the legal problems that could surface because of the inconsistencies in the Criminal Procedure Code and the 1978 Constitution that deal with prisoners on death row.

He said Cabinet could, through the President, refer the matter to the Supreme Court which could clarify the inconsistency and maybe suggest certain amendments to the relevant clauses.

He said the process to re-implement the death sentences is already underway with officials beginning to review the cases against those on death row.

The last execution was carried out in 1976.

Unlucky seven and baby wait in hope

By Nilika de Silva

Located inside the Mirihana Police Station premises, the Detention Centre has held three young women and a baby for more than nine months in addition to four Chinese people, including two women, detained more recently. 

The baby wears a baby shirt stating 'Life is Happy', but ironically the truth is quite different for these people. The young women, Indrani (20) Kala (24) and Muthulakshmi (24) have been at the detention centre for nine months now. Their only wish is to be allowed to join their parents in India. 

Hailing from Mannar, Murunkan and Vavuniya, these young women left Sri Lanka for India in '95 as refugees . Because of their poverty they went in search of work to West Asia. Having worked in Saudi, Dubai and Kuwait, the women returned to Sri Lanka this year. 

Kala was pregnant when she came back and went to stay with her in-laws in Akkaraipattu. But three months after she gave birth to her baby boy, she found it difficult to live with her in-laws and left Akkaraipattu. She gave herself up to the police and said she wished to join her parents at the refugee camp in India. 

The plight faced by Indrani and Muthulakshmi was different. They were arrested on arrival in Sri Lanka on allegations that they were not travelling on authentic passports. 

Muthulakshmi has not seen her two children for more than three years. Right now she can only dream about them.

All three young women and this baby have since then remained in the Mirihana Detention Centre. Apart from those who visit the centre as a goodwill gesture these young women have no one to turn to. 

Department of Immigration and Emigration official J.B. Higgoda told The Sunday Times, that there had not been any lapse or shortcoming on the part of the government. 

"These people are being detained until their nationality is established," he explained. "They are supposed to be Indians, who have travelled on forged Sri Lankan passports. We are awaiting a response from the Indian High Commission, which is in the process of checking their papers," he said.

The Chinese people in the detention centre are also awaiting repatriation, he said.

French engine in hot trouble

The new engine was the first of a consignment of 10 engines to be imported at a cost of Rs. 1900 million.

Railway General Manager W.K.B. Weragama confirmed that a problem of over-heating was reported, but added that it is being rectified at the Ratmalana workshop.

He said that the engine was brought only for trial runs.

But sources said that the authorities had sent the engine to be operated in the upcountry and faced problems during runs. They said the engine was able to draw only two to three carriages at a time due to the overheating problem.

Railway sources said that the engine equipped with a computer system was air conditioned, but the air-conditioning had been removed and as a result it would have had an effect on the computer system.

The engine also has only one seat instead of two like in other engines used in Sri Lanka to accommodate the driver and his assistant.

Sources also pointed out that the engine has an 'ice-breaker' instead of the normal 'cow-catcher'.

The deal to purchase the engines was completed following at least 10 visits by top railway officials to France and each of those visits had cost about Rs. one million each, which included huge telephone bills.

Most of Sri Lanka's railway engines currently in use have been imported from Canada.

Samurdhi benefits going into wrong hands

Lack of specialists hampers rehab of abused children 

By Faraza Farook

With an alarming number of children falling victim to abuse, the need to provide psychological and social trauma treatment has been a long felt need. 

"With no employment prospects in it, people are not going to study psychology," National Child Protection Authority (NCPA) Chairman Prof. de Silva said adding that the whole country has only 10 clinical psychologists of whom only one had obtained his Ph.D.

"Psychological treatment is the first thing needed for the abused. Our psychologists have an overall view of psychology but are not trained in a specific field of therapy for children who are abused," he said at the launch of the ILO-IPEC Child Trafficking Project last week. 

In an effort to combat one of the worst forms of child labour, i.e. trafficking children for exploitative employment, the International Labour Organisation (ILO) and the International Programme on the Elimination of Labour (IPEC) launched a two year project last week.

Improved technology has made the world so sophisticated that trafficking sources have also become sophisticated making child trafficking increasingly transnational in scope, Prof. Harendra de Silva said. 

Child welfare authorities are stuck in a maze with traffickers adopting modern means to commercially exploit children. 

The project will study all aspects of effectively abolishing child labour, and mould new laws to protect children from being exploited. 

Prof. de Silva estimated the internal trafficking of children to be higher than foreign trafficking. 

Internal trafficking of boys and girls for sexual exploitation by locals was seen at the Galle Face Green and at railway stations in Anuradhapura, Nochchiyagama and Medawachchiya. He attributed the trafficking of boys from areas off Negombo to the lack of access to education in the area.

Prof. de Silva said that children were trafficked to Colombo from the North Central and Eastern Provinces and Moneragala and partly from the tea estates to the Southern Province. Internal trafficking was reported to be high in the North and East, in terms of child soldiers. 

Though no reliable statistics on the number of children falling victim to child labour was available, Prof. de Silva said the problem was deep rooted. "We see only the tip of the iceberg," he said adding, "there is a large area hidden under the surface".

Rural projects under scrutiny

By Shelani de Silva

The decision to carry out the study was taken following mismanagement of funds allocated for development work.

Minister of Plan Implementation Pavithra Wanniarachchi told The Sunday Times that a study will be done and the cost estimated before the allocation of funds.

" This practice will be followed even when we ask for foreign aid. Presently we are carrying out the study in rural areas. We will also get the cooperation of village officials who will know what kind of development work they need for their village. There have been instances where money allocated has not been utilised for projects," said the minister.

The minister added that the three and six year projects, which are currently underway, would go ahead, while new projects will be scrutinised.

"We have not identified any new country to seek financial assistance from, but we will continue with the same countries that give us aid. I have informed them of the new system we will be following' she said.

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