CBK
now praises JR's constitution
President Chandrika Kumaratunga on Friday praised the country's
constitution introduced by former President J. R. Jayewardene saying
it was 'one of the good things' done by the late President.
Ms. Kumaratunga
speaking after the opening of a five-storey hospital constructed
at a cost of Rs. 120 million said the former President was responsible
for many misdeeds, but one good thing he had done was to create
the post of a presidency with executive powers.
The President
said that it was during President Jayewardene's time that corruption
increased and the war started, but among those faults one good thing
was the executive presidency. She said she did not intend to misuse
or abuse the powers of the executive presidency.
Responding
to calls from the crowds to 'take over powers', the President said
that when the time came she knew how to use her powers. The President's
praise of the 1978 Constitution was contrary to what she had been
saying earlier about the constitution.
President Kumaratunga
at previous meetings described the 1978 constitution as a 'Bahubootha
Viyawasthawak'.
Mourners
stage protest against LTTE opposite SLMM office
Grieving relatives of a PLOTE member gunned down by suspected Tamil
extremists staged a protest with his coffin opposite the Batticaloa
office of the Scandinavian peace monitors (SLMM) yesterday, SLMM
sources said.
Vairamuththu
Mehanathan (32), alias Justin, a member of the People's Liberation
Organisation of Tamil Eelam (PLOTE), was shot dead by extremists
on Friday evening while he was returning home from the PLOTE office
in Vaidiyamalai Road in Puthur, in the Batticaloa district, the
sources added.
The coffin
was brought to the SLMM office situated at Lake Road on their way
to the burial grounds. The relatives claimed that it was the responsibility
of the monitors to provide security and also to investigate the
killing.
However, the
SLMM representative in Batticaloa, Ms. Laila Badawy, told the protesters
that their mission was to monitor the cease-fire agreement and not
interfere in police investigations. Ms. Badawy told The Sunday that
they were closely monitoring the situation to prevent any backlash.
World
Bank funded project to wind up
By Nilika Kasturisinghe
The Department of Public Enterprises is taking action to close down
the National Authority on Teacher Education (NATE), despite it being
part of a World Bank funded project.
In a letter
sent last week to the Education Ministry Secretary, the Director
General of the Department of Public Enterprises, V. Kanagasabapathy
has referred to the delay in liquidating the National Authority
on Teacher Education (NATE).
The letter
stating that the Authority should be liquidated by July 31, drew
the Ministry Secretary's attention to the Cabinet decision dated
September 10, 2002 by which approval was granted to repeal the National
Authority on Teacher Education Act. No. 32 of 1997 and vest the
responsibilities of the Authority with the National Institute of
Education or the Teacher Education Branch of the Ministry as appropriate.
In his letter
Mr. Kanagasabapathy states "I would appreciate if immediate
action is taken to liquidate the institution and transfer the assets
to the National Institute of Education by passing a Resolution in
terms of Finance Act. No. 38 of 1971 before the end of July 2003."
NATE is part
of a World Bank funded project on Teacher Education and Teacher
Deployment and the shutting down of the authority was said to be
a violation of the credit agreement between the World Bank and the
Government.
The work of
the authority included streamlining of teacher education, teacher
education upgrading and accreditation, policy making and advising
the ministry. The Cabinet Memorandum signed by the Minister of Human
Resources Development Education and Cultural Affairs describes action
to be taken with regard to the present staff of NATE. Officers who
are seconded would revert to their substantive posts, those on contract
will be discontinued at the end of their period during the year
while other academic staff would be given the option to join the
NIE.
The memorandum
called for the rationalization of institutions under the Ministry
of Human Resources Development, Education and Cultural Affairs relating
to general education.
A committee
appointed to study the role and functions of institutions relating
to general education under the Ministry had found that there was
duplication and overlapping of powers and functions in certain areas
leading to inefficiency and wastage.
Who
put patents before patients?
By Louis Benedict
Top government officials have been accused of subtly withdrawing
from the abortive Intellectual Property Bill, provisions that could
have given millions of Sri Lankans regular access to safe and effective
drugs at affordable prices.
Speakers at
a seminar held at the BMICH on Friday said provisions for compulsory
licensing - through which safe drugs could have been obtained at
low costs - were left out of the Intellectual Property Bill drafted
by the Director of Intellectual Property and a top level committee.
The Bill which had been in the drafting for years was suddenly gazetted
on May 21 and tabled in Parliament on May 26, without the provisions
which could have helped millions of Sri Lankans for decades to come.
But health
rights activist Dr. Kamalika Abeyratne, the Centre for Policy Alternatives
and another petitioner obtained a copy of the Bill with difficulty
and challenged it in the Supreme Court, just hours before the constitutional
deadline.
The Supreme
Court last month struck down several clauses relating to patent
rights of big pharmaceutical companies, ruling that those clauses
were a violation of the fundamental rights of the people. The Supreme
Court in a powerful act of judicial activism and involvement, told
government officials that they were appointed essentially to protect
and work for the rights of the common people and not for big global
companies.
The Supreme
Court in a judgment that might be cited as a precedent in other
cases said the Intellectual Property Bill was a violation of equality
provisions in the Constitution. It said there could not be equality
among unequals and that it was absurd to suggest there was a level
playing field for powerful global corporations and defenseless people.
CPA director
Rohan Edrisinha and lawyer Sharmila Anthony who argued the case
against the Bill in the Supreme Court told Friday's seminar the
case showed a lack of openness, transparency and accountability
on the part of officials who drafted the Bill. They said that after
the Bill, without the benefits to the people of Sri Lanka, was gazetted
on May 21, the CPA had gone to much difficulty in trying to get
a copy of the Bill.
They said such
actions by officials made a mockery of the Constitution and the
sovereignty of the people who had a right to know what was being
done.
Intellectual Property Director D.M. Karunaratne denied the charges
that the Bill had been rushed through or that the provisions for
compulsory licensing had been left out at the last moment. He claimed
that the intellectual property committee headed by lawyer K. KanagIsvaran
had as far back as 1998 recommended that compulsory licensing provisions
be left out as they might be a disincentive for foreign investors.
Dr. Karunaratne
said a newspaper advertisement had been published last year calling
for suggestions relating to the new Intellectual Property Bill but
Dr. Edrisinha insisted that such a move was far from the democratic
requirement of keeping the people informed.
The seminar
was organised by the Ministry of Health and the Ministry of Trade,
in consultation with Health Action International Asia Pacific (HAIAP),
to get suggestions for the drafting of a new Intellectual Property
Bill in line with the judgment of the Supreme Court.
HAIAP Co-ordinator
Dr. K. Balasubramaniam and patients' rights activist Dr. Joel Fernando
who chaired the seminar said the irrational import and sale of some
8,000 varieties of drugs in Sri Lanka was the main cause of a deadly
and unjust pharmaceutical situation in the country. |