'Why take it out on my child?'

HRC probes alleged violation of boy's rights in school dispute

By Shelani de Silva

The Human Rights Commission is probing charges of gross violation of a child's rights when an eight year old boy was kept in police custody due to a dispute between the school principal and the boys father.

Mohammed Zakir Khan an year five student of Zahira College in Colombo suffered mentally not only when he was kept in the police station for more than six hours but also because his fundamental right to education has been disrupted, his parents say.

Zahira principal Dr. Ifthy Ismail when asked by The Sunday Times for his version of the incident said he did not wish to comment as the matter was being handled legally.

According to the parents the dispute began two weeks ago when N M A Khan, Zakir's father had dropped his son off at school and tried to go into the school to meet a teacher regarding the loss of Zakir's cap.

Mr.Khan alleges he was questioned by the principal on why he was coming to the school premises. He claims he was forcefully put out of the school while police say there is a charge that he assaulted the principal.

Mr. Khan then went to work but a nightmare lay ahead for Zakir who was unaware of the dispute .

The boy alleges that he was escorted to the police station by school security guards. He was left there with no explanation. Little did Zakir know he was detained at the police station until his father surrendered.

By this time two policemen had also gone to Zakir's house and questioned his mother Regina on the whereabouts of her husband whom they said was wanted on charges of assaulting the principal. She said she could not contact her husband who was out on field work.The two policemen told the mother they would be detaining the child till the father surrendered. A panic stricken Regina and her father had pleaded with the policemen that they would come to the police station, but the police wanted the boys father.Zakir's grandfather then rushed to the school hoping that the child would have been sent there. He waited at the school gate till 2.00 p.m. but there was no sign of Zakir. The desperate grandfather then rushed to the Maradana police station. There he saw the boy.

In the meantime the mother also rushed to the police station. But the police kept insisting the father must surrender for the boy to be released.The mother and grandfather however waited with the child till the police finally agreed to let him go around 7.00 p.m.

When they got home the father had also come and he said he would go to the police station the next day.

When he did so the police recorded a statement from him and locked him up, the parents said. He was remanded for a week and released on bail. Justice is taking its course between Mr. Khan and the principal. That is one matter.But the more important issue is the trauma and injustice caused to Zakir both by the school authorities and the police.

For Zakir his ordeal in the police station did not end on the first day.When he went back to school the next day the boy was once again sent to the police station, on the basis his classmates were harassing him. Once again the parents were notified by the police that the boy was in the station. They were told to come and take him. This was too much for the mother and she decided to take action. Unable to get justice from the school authorities or the police Zakir's mother went to the Human Rights Commission .

"I was told by the police that the boy was kept there for his safety, because his classmates had harassed him. But if the other children were harassing him it is they who should have been taken to the station, not the victim, she said.

"We understand that the principal had requested the authorities to inform him when Zakir comes to school. I did not want to send him but I thought that since they dealt with my husband the matter will be over. Specially with Zakir who has nothing to do with the problem. But when he was taken to the police station for the second time I decided there was no purpose in sending him to school and then picking him up from the police station. We have not been informed what the school is going to do, and the principle is avoiding us," she said.

So the innocent Zakir is languishing without education for three weeks and he does not know what went wrong.

" He has his year end exam and his scholarship exam next year. What I can't understand is why take it out on a child," the mother asked.

Maradana Police Inspector A.R. Edirisinghe said Zakir was taken to the police station for his safety because the children were harassing him.

An official of the Human Rights Commission told 'The Sunday Times' the incident was being probed.

NMAT opposes talks with LTTE

The National Movement Against Terrorism (NMAT) opposing the move by the LTTE to hold peace talks with the government, made an appeal to President Kumaratunga to turn down the proposal.

"We the Sinhala people will not allow the betrayal of this land, which was defended by the blood, sweat, tears and toil and with the sacrifice of the valuable lives of our people," a statement from the NMAT said.

It said civilians who are against separatist terrorism will rise upto eradicate this menace if any peace talks, which might jeopardise the security of the country and its people was held, ignoring the appeal of NMAT.

LTTE's Legal Advisor Rudra Kumaran in a statement made to the London Mid Week News said they are once again willing to negotiate a peace deal.

The NMAT statement said, " they the LTTE are prepared to forego their claim for a separate state and through a third party mediator they wish to obtain self government".

The release of the "Iris Mona" and "MV Missen" sailors held in captivity is a gesture of their conciliatory mood. The NMAT, disapproves of any negotiations.

However President Kumaratunga has said that the Government is prepared for talks with the help of a third party facilitator, provided the LTTE meets certain pre-conditions. Nelson Mandela, Rev. Desmond Tutu and Thondaman have expressed their willingness to act as mediators.

The statement also referred to past negotiations held with the government which were of no avail.

The number of service personnel and civilians killed in the bid to create a separate state was highlighted.

Now a University involved in credit card scandal?

By Faraza Farook

Director Operations of the J.R. Jayewardene Centre, Pradeep Jayewardene has been questioned by the Criminal Investigation Department (CID) about the allegations of computers at the centre being used to download porn material making use of Minister Mangala Samaraweera's credit card.

A CID spokesman said they had widened the scope of investigations by probing an involvement of a university in the matter. However he declined to name the university.

Investigations have revealed that outsiders have been using the computer at the Centre, a CID official said.

One computer out of the eight has been used to download internet porn material. The computers at the centre form part of a Local Area Network (LAN) which means it would have to be used for the purposes of the Centre, located within the Centre and operated by its employees.

When contacted by The Sunday Times after being questioned by the CID Mr.Jayewardene said he had nothing to say.

Soon after his return Mr.Jayewardene had told 'The Sunday Times' that according to the Constitution of the J.R. Jayewardene Cultural Centre the Executive President in power is the Chairman of the Board of Governors. He was appointed as a member of the governing board by the President and wasn't self-appointed.

Mr. Jayewardene said gaining access to computers at the Centre to download porn materials is like making a call through a telephone belonging to Sri Lanka Telecom to carry out a wicked plan for which SLT is not responsible.

"All this ranting and raving, maybe, because I'm J.R. Jayewardene's grandson," Pradeep said.

Secretary General of the Centre Mr. K.W.M.P. Mapitigama said that Mr. Pradeep Jayewardene and Professor Kingsley de Silva of the Peradeniya University are the two members appointed to the governing board by the President. Apart from them, the constitution of the Centre states that the Prime Minister, the Speaker, Secretary to the President, Leader of the Opposition and retired Presidents are also members of the Board of Governors. The Public Trustee and director of Archives are ex-officio members of the Centre, he said.

The computer section at the Centre has been given on contract to a third party for procurement and installation of computers for a period of one year. This has been done by a subsidiary company headed by Mr. Jayewardene, Mr. Mapitigama said. All employees at the Centre have been questioned in this regard.

As investigations by the CID are continuing the computer section at the Centre remains closed.

If you have a wheel he has got a deal

A motor vehicle driving licence centre on wheels has been busted by Police at Kalutara.

Police said this bogus licensing centre issued licences at rates ranging from Rs. 5,000 for heavy vehicles to Rs. 1,000 for motor cycles.

The 'pocket commissioner' arrested in this connection had forged driving licences, endorsement sheets with the seal of the Commissioner of Motor Traffic, temporary licences and other documents, Police said.

They said it was obvious that the racketeer had links to officers at the Motor Commissioner's office.

Kalutara Police Inspector Sarath Dassanayake who led the raid said the road accident rate had reached great proportions due to rackets where licences are issued to incompetent or irresponsible persons.

Break political deadlock - Neelan

Sri Lanka's main Tamil political party believes that a majority of the people support the devolution of power as a peaceful solution to the ethnic conflict, a spokesman said.

Tamil United Liberation Front spokesman Neelan Thiruchelvam told The Sunday Times in an interview the core of the problem was not the lack of popular support but the failure of the PA and the UNP to work together in resolving the conflict.

Excerpts from the interview.

By Roshan Peiris

Q: Has the TULF come to a breaking point in its relationship with the Government or is it just trying to exert more pressure?

A: For the past four years we have sat in the opposition but supported political initiatives to solve the ethnic conflict through comprehensive constitutional reform. This is in accordance with the party manifesto which stated the TULF was convinced there should be a cessation of hostilities and a peaceful and just solution to the national question. We said the party would dedicate itself to bring about peace, justice and reconciliation.

There are, however, issues such as the State of Emergency, where the TULF has voted against the Government. We have either initiated or actively supported opposition-sponsored adjournment debates on matters such as the lack of food and for Wanni refugees, the allegations about mass graves in Chenmani, and human rights and humanitarian issues in the war affected areas. We have also opposed supplementary estimates for extra money to support the war.

Our central committee meeting to decide the position the TULF should take on the budget is therefore an opportunity to assess current political developments in the context of the party's manifesto.

Q: Some reports claim that a majority of the people are opposed to the devolution package proposed by the government. They say the minority parties are pressurising the Government because the PA depends on support from small parties for its survival in Parliament. Your comments...

A: The outcome of the last general and presidential elections and the few opinion polls that have been conducted point to the opposite conclusion. I have no doubt that an overwhelming majority of people from all communities would favour a political resolution of this conflict. In a representative democracy the details of the power sharing arrangements and other aspects of constitutional reform must be worked out by political representatives. The inability to advance this process is more related to the failure of the two major political parties to evolve a common approach to the substantive political issues. This is the core of the present crisis. Unless we are able to break the political deadlock, there is a great danger that the people would lose faith in the political process.

Q: Do you really feel devolution will work, without defeating the LTTE? You say you can't run the Jaffna Municipality because of LTTE threats but you want devolution.

A: The TULF has always believed the groups engaged in the armed confrontation must resume political talks. This has also been the view of both the PA and the UNP, although they may differ on the details relating to the conditions under which such talks should take place.

With regard to the Jaffna Municipality, we were never convinced that political conditions in Jaffna at present permit the normal functioning of local institutions. We participated in the Jaffna Municipality elections with some reluctance but in the hope that it would contribute to the restoration of civic amenities to civilians who face many difficulties. Recent developments have posed a serious setback to the restoration of civilian authority.

We are a democratic political party with no armed cadres. We can only operate if there is at least minimum political space for democratic forces. There is however no inconsistency between the difficulties of the Jaffna Municipality and the search for an overall political solution.

Q: I feel that as long as the LTTE exists, the lives of TULF politicians are not safe .What is your view?

A: There are fundamental and perhaps irreconcilable ideological differences between those who are engaged in the armed confrontation and a political party which is committed to non-violence. These differences go beyond the methodology of the struggle, but also relate to issues such as human rights, democratic values, pluralism and respect for diversity. The TULF has paid a heavy price for the commitment to these values. An entire generation of leaders have been cruelly assassinated and this cycle of violence has recently overtaken two successive mayors of Jaffna.

It is not only the TULF which has had to encounter political assassinations. Since 1994 nine MPs belonging to the UNP, the PA, the DPLF and the TULF have died under this unending cycle of political violence. This clearly casts a dark shadow over our public life and the need is to create political conditions which restore respect for the sanctity of human life. In other contexts, such conditions have been created when para-military organizations re-enter the political mainstream in the wake of a political resolution.

An eye wash or washed out budget!

By Dilrukshi Handunnetti-Lobby Correspondent

It is an oft repeated theory that 'when you see a situation you cannot comprehend, you should look for financial interest.' But if industrialists and the business tycoons harboured hopes on the fifth budget of the People's Alliance, that would be culpa of the worst degree. The result could be termed a no- no budget or as some wags called Prof. Peiris's fifth effort, " a mudukku budget" lacking vision.

The house by the Diyawanna was a hive of activity with galleries being filled by reporters and television cameras being positioned in a frenzy to capture the varying moods of the man of the moment. As the atmosphere filled with an air of expectancy and hype, the Appropriation Bill for 1999 was about to be presented.

From a cynical point of view, this is an annually performed ritual meant for shattering hopes and burdening the overburdened, while a few optimists pin absurd hopes on the unrealistic-always hoping for the best.

While many lesser mortals like us were condemned to feel inferior for not understanding the financial jargon, the hype persisted with gallery comments being rich in optimism- about the removal of GST, more subsidies and potential for trade and industrial boom.

The clock struck 2.30 pm and the galleries were less populated than usual, and the government ladies clad in vibrant blues were sniping the fair UNP members who were clad in ominous black. Soon entered Sergeant at Arms Wijeya Palliyaguruge bearing the mace followed by Speaker K.B. Ratnayake.

And then came the law professor burdened with the unenviable task of bridging a staggering deficit of Rs. 68.9 billion carrying a brown leather valise tied with red and blue ribbons to make the 'financial statement of the year' to the thundering applause of the government.

And Prof. GL Peiris at the very outset sought to fire a round of ammunition- claiming inheritance of an awful legacy and ill conceived policies the PA was keen to depart from.

" It is the mammoth task of nation building we have in mind," he said disclaiming criticism that all achievements of the government during its tenure were not accidental or coincidental, but actually were the results of pragmatic economic policies and programmes of action.

He also claimed of efforts to resurrect a badly destroyed economy given its present constraints giving details.

The emphasis, predictably fell on the private sector but more importantly, the political thrust was on the reeking corruption and reckless policies of the past. The academic turned politician heaped budgetary scorn with gusto, claiming public finances were spent on grandiose projects without national interest. He said the PA was able to hold its head high- as its vision has persisted despite daunting obstacles.

He gave statistics and statistics, seasoned with political flavouring. "Roads, telephone, electricity, sanitation and other key areas have improved significantly with the increase in substantial income ," he said expressing a view much in contrast with the general public.

Tinged with maximised economic jargon, he batted on about the performance of the economy, the results yielded, improved literacy and increased labour force- Sri Lanka becoming paradise regained?

On to finance next, he said the number of banks have increased and politically motivated public expenditure programmes terminated - including supplementary estimates.

Next he chose to happily ride his hobby horse complimenting the PERC in glowing terms, for having attracted foreign flow of US $ 400m and the enhanced power supply what with Kelanitissa and Sapugaskanda in full force.

While many people's representatives were caught napping and a few making a valiant effort to understand him, Minister Peiris illustrated tariff concessions granted to trade and industries, complementing the concept of industrial parks when the napping opposition benchers were suddenly galvanised into action, insultingly chorusing -"mul gal pelawela" while UNP finance whiz Ronnie de Mel maintained a stoic silence.

The good professor exhaustively explained how 700,000 jobs have been created during the PA 's tenure in both sectors.The Opposition's wrath fell on the Minister immediately accusing him of unpardonable sins including the plight of 30,000 unemployed graduates threatening to commit suicide.

However during the pleasant diversion of the tea break many politicians buried their hatchets. Minister Mangala Samaraweera was seen speaking to arch rival S.B. Dissanayake and many UNP ers freely mingled with the government benches-all divisions forgotten over a shared cuppa, traditionally hosted by the Finance Minister.

Soon afterwards, Prof. Peiris was back again inside the chamber, on the South Asian economic crisis and the consequences emanating from such.

" In an ocean of turbulence, Sri Lanka was not the sinking vessel was how some experts saw our performance," said he, and there were peels of laughter in response.

And catcalls greeted him as he generously kept on granting Rs.100 m for various projects, free grant of Rs. 5,000 for each overseas employee returning home, reduction of income tax on construction activity from 35 to 15 % without defining what 'construction' meant in the budgetary context. All led to Opposite ranks gleefully thumping their desks in insult than in appreciation.

And yes, he proposed creation of farming villages, housing for slum dwellers, development of capital market, granting retirement benefits, public officers to import motor vehicles at concessionary rates, and tariff reforms of tax law- all holistic proposals indeed.

But he roused a hornet's nest soon afterwards. In the backdrop of introducing sweeping reforms to the postal service and its conversion into a corporation, he moved to increase postal rates by one rupee with corresponding changes in other items posted.

After four and a half hours of persistent batting, the budget drew to a close, and the rain started pelting down. An eye wash or a washed out budget!

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