Dirty delivery at De Soysa maternity hospital

Childbirth under the bed, allegations of negligence

By Faraza Farook

Women are giving birth under the beds in a public maternity hospital in Colombo amid allegations of child deaths due to negligence and lack of treatment to patients.

The situation is confounded as there is a dearth of nurses and beds to cope with an increasing number of pregnant women who come there for delivery..

The DMH, though a tertiary care hospital and meant for cases that the small hospitals cannot handle, it admits all women who come there, a medical officer said.

"Sixty percent of the mothers who come here are normal cases," she said.

The shortage of staff and the increasing number of patients are reasons for allegations of negligence in the hospital.

"Three mothers with their babies share just one bed, but we have no choice. Recently, a mother gave birth to her baby under a bed in the labour room," said a doctor.

In another case, a young mother lost her baby partly due to alleged negligence by the nurses in the labour room. However the cause of death was said to be swallowing of faeces and breathing complications.

Twenty-five year-old Gangani Shiroma told of her agony at the DMH. This being her first delivery, she was not aware of the complications involved.

Shiroma was admitted on May 28 around 6.30 a.m. with labour pains. She was immediately taken into the stage room and given a drug to facilitate birth. She gave birth to a baby boy around 4.30 p.m. that day.

During her time in the labour room and the stage room, Shiroma said she had got little attention from the nurses. "Every time I cried in pain, the nurses shouted at me," saying "we can't struggle with you." She said another nurse shouted saying, "with one patient like you a day we'll have enough work."

She said the nurses instructed her what to do and started talking about World Cup cricket.

After giving birth, Shiroma said she had been kept for nearly two and a half hours before a doctor attended to her.

Unlike in some hospitals where a trolley is used, Shiroma said she was made to walk from the labour room to the ward after the sutures. On her way to the ward she had almost fainted but managed to lie down on a bed near by.

Soon after this she was asked to breast feed the baby during which time the baby started to groan and was taken to the baby room.

"I didn't realise this because I was feeling dizzy," she said.

Since the baby had been taken to the baby room, Shiroma alleged she was not given a bed and had to spend the rest of her stay in the hospital in a chair. But worse was to follow. She wanted to know about the condition of the baby.

She was told by a nurse the baby had developed some breathing problems and three babies had died there due to similar conditions.

The following day, she was told to go to the Lady Ridgeway Hospital (LRH) since the baby was to be treated for breathing complications.

Shiroma's baby died later in the evening.

"If the nurses were more attentive to their work, my baby could have been saved," she said.

Hospital authorities said they could not rule out the death of this baby occurred due to negligence.

An official said that they were unable to cope with about 50-60 deliveries a day. "Only one nurse is in the labour room and the congestion in the hospital have forced us to give poor services," the official said.

"Making a mother walk from the labour room to the ward is the normal routine," says a senior doctor in the hospital.

She also claimed that walking facilitates the wound to heal fast.

Replying to the charges of nurses using harsh language, the doctor said, "that's the natural here. When mothers are not used to it, they are hurt".

"In some instances the mothers fail to co-operate with the nurses. With the shortage, the stress on each nurses is more and this adds to the problem.

Though, senior officials have instructed the nurses not treat expectant mothers harshly, it has been of no avail. Therefore there is nothing that the hospital authorities could do about it."

Application to prevent PC ministers taking office

By Ayesha R. Rafiq

The Centre for Policy Alternatives this week made an application in the Court of Appeal asking that the Court issues an order restraining the Commissioner of Elections from appointing two ministers and a deputy minister as members of any provincial council.

The CPA has asked that the Court issue a writ of prohibition restraining the Elections Commissioner from appointing Ministers Berty Premalal Dissanayake and Nandimitra Ekanayake and Deputy Minister Athauda Seneviratne as members of the Sabaragamuwa, North Central and Central PCs respectively.

It has also asked that the Court issue a writ of certiorari quashing the declaration made by the Elections Commissioner declaring Samaraweera Weerawanni as Chief Minister of the Uva PC.

The petitioners state that Mr. Weerawanni's appointment and any appointment of the Ministers to the PC would be an error of law, would interfere with the citizens' right to vote and would also be a violation of the fundamental rights of candidates.

They are protesting against the appointment of Mr. Weerawanni as Chief Minister of the Uva PC even though his name was not on the original list of candidates nominated and submitted by his party for the Uva PC election, and is thus contrary to law.

The petitioners have submitted that Mr. Weerawanni was not eligible for this appointment as at the time the election was held he was a Member of Parliament and was therefore disqualified from being nominated as a candidate.

They also submitted that for these same reasons any appointment of Ministers B.P Dissanayake and N. Ekanayake and Deputy Minister A. Seneviratne as members of any PC would be contrary to law and a negation of the principles underlying the conduct of elections in a representative democracy.

Among the petitioners is Executive Director of the CPA Dr. Paikiasothy Saravanamuttu.

Among the respondents cited are the Elections Commissioner and the Chief Ministers of the Sabaragamuwa, North Central and Central provinces.

Appearing on behalf of the petitioners is Mr. Kamal Nissanka.

Sinhala Commission proposals for new constitution

A code of conduct for ministers and politicians and a recommendation to imprison those violating it are among the proposals put forward by the Sinhala Commission for a new Constitution.

These proposals were presented to the people at a ceremony last Thursday with the handing over of the first copy of to it Ven. Madihe Pannaseeha, Mahanayake of the Amarapura Nikaya by Dr. Piyasena Dissanayake, Secretary, National Joint Committee.

The following are excerpts from the proposals.

The Executive Presidency : Whether the Chief Executive be an Executive President or Prime Minister such a 'one man or one woman show' is out of place in a democratic system. Modern life is far too complicated politically, economically and culturally for one person to be held responsible for the final decisions that affect the vast mass of people.

Overall concentration of power hinders the practice of democracy, impedes economic development and prevents taking full advantage of collective wisdom. Overall concentration of power is liable to give rise to arbitrary rule by individuals at the expense of collective leadership and it is a prime reason for bureaucratic inefficiency.

The Executive Committee System : The introduction of the Executive Committee System as it operated under the Donoughmore Constitution, but with suitable modifications, should be considered.

The political party system should be abolished. It has become one of the destabilising factors in our polity. When the attention of political leaders is diverted to political confrontation and adversarial attitudes, multinationals assisted by the World Bank and IMF find it easy to have their advice accepted. Political disunity makes it easier for enemies to take advantage and exploit the country for their own benefit.

All members of the Executive Committee System will, irrespective of their party affiliations, have equal rights in the Committee and have the right to initiate or formulate policy affecting the subjects or functions under the control of that Committee. Party affiliations or party directives should not bind any MP who should be free to act, speak or vote according to his conscience in the Committee.

Furthermore this will bring about a sense of co-operation among the different political parties and ethnic communities. The affairs of Government will be carried out largely by consensus.

Special Commissions: Subjects such as Defence and Internal Security, Finance, Legislation and the Administration of Courts, are too important to be handled by Executive Committees and their Ministers alone, because they involve the political and economic stability of the State, its security and national planning. Therefore these should be the responsibility of Commissions.

These Commissions should comprise the President, Prime Minister, the Deputy Prime Minister the Minister in charge of the main subject or function, two MPs selected by Parliament and other knowledgeable persons such as defence and military experts. The officials will be only advisors and not have voting rights.

There should also be a Supreme Advisory Council consisting of the Ven. Mahanayake Theras of the three Nikayas. The advice of the Supreme Advisory Council should be obtained by the Cultural Policy Commission on all matters relating to the Buddha Sasana and Buddhist culture.

The Defence and Internal Security Commission : Will be answerable for all matters relating to the defence of the country and internal security.

The Finance Commission : Will be responsible for approving the National Plan and will also be involved in preparing the annual budget.

The Foreign Affairs Commission : Will be accountable for foreign affairs and will ensure that foreign affairs are conducted on a non-party basis and in the best interests of the country.

The President and Vice President : The President who will take the place of the Executive President will not be one purely confined to ceremonial duties but will have certain important functions. The President should be elected from nominees outside Parliament by a majority in Parliament. His term of office should be six years and he should not be eligible for re-election.

The Public Service and Police :- In order to overcome political interference in the public service and the police that is now the bane of this country, an independent Public Service Commission and an independent Police Commission should be solely responsible for the appointment, transfer, dismissal and disciplinary control of all members of these two services. Members should be appointed for a term of four years and should not be eligible for re-appointment. They should be removable only by Parliament. The Public Service Commission and Police Commission will be subject to policy decisions of the Administration Commission and Defence and Internal Security Commission respectively and be overseen by them.

Elections Commission : There should be an independent Elections Commission responsible for the conduct of all elections. This may consist of three members appointed by the President in consultation with the Prime Minister and Deputy Prime Minister. The term of office will be seven years and they will not be eligible for re-appointment. The Elections Commission should be made responsible to Parliament.

Code of Conduct : A Code of Conduct for ministers and other politicians as well as for all government officials should be incorporated in the Constitution. Violation of this Code should be made an offence punishable with imprisonment, as otherwise it will be impossible to put an end to the blatant abuse of power by politicians and public officers.

A Commission comprising three Judges of the Supreme Court or retired Judges of the Supreme Court should be appointed to which any citizen may make representation regarding abuse or misuse of power by politicians (inclusive of the President, Vice President, Ministers) and public servants. The Commission should also organize monitoring units to supervise the day to day administration of public officers.

The Judiciary : Suitable procedural provisions should be made to streamline litigation to cut out delays and to lessen the expenses borne by litigants.

International Treaties and Agreements: Provision should be made in the Constitution to ensure that an international treaty or agreement does not have automatic application and cannot be implemented until it has been approved by Parliament.

National Planning: A National Planning Commission should be set up whose function would be to draw up a comprehensive plan covering all spheres of activity relevant to economic development. The unit of devolution should be the District.

The objective should be the creation of an economic system which will ensure a more equitable distribution of the country's wealth so as to provide at least the basic needs to every member of our society.

The National Plan should be published so that the people will be aware of what the nation hopes to achieve and how these objectives are to be achieved.

New group to take Sinhala proposals to people

The Eksath Sinhala Maha Sabha (United Sinhala General Assembly), a newly formed organisation, has said it is taking the proposals put forward by the Sinhala Commission to all parts of the country. Asoka Suraweera, the group's national organiser said, "we have appointed two representatives in each of the districts to generate public awareness of the proposals."

"We will hold regular workshops to educate these district representatives and give them an understanding of our objectives," he said.

NMAT takes issue with President

The National Movement Against Terrorism (NMAT) is seeking an appointment with President Chandrika Kumaratunga to express its opposition to Minister S. Thondaman's intervention in transferring SSP Pujitha Jayasundara from Nuwara Eliya, after he gave permission for a NMAT meeting to be held there.

The NMAT has already handed over a letter to the Secretary to the President, K. Balapatabendi to be handed over to the President on the issue.

The letter signed by Mr. A. Batuwanthudawa on behalf of the Committee of the NMAT requested that this police officer who was transferred recently from Nuwara Eliya be re-transferred there.

"Madam, we strongly oppose your action in transferring the SSP of Nuwara Eliya, Mr. Pujitha Jayasundara when you would have clearly read the findings of the specially constituted police inquiry made into these incidents at the request of Mr. Thondaman," the letter read.

Explaining in a three page letter to the President the events which lead up to the transfer of SSP Pujitha Jayasundara, Mr. Batuwanthudawa writes, "The NMAT had organised the ceremonial presentation of its publication "National Plan of Action Against Terrorism" at the Public Library, Nuwara Eliya at 2.30 p.m. on April 30th."

"Yet on the night of April 29th leaders of Mr. Thondaman's CWC and his party's armed supporters came in unnumbered vehicles to Nuwara Eliya town and proceeded to remove our posters and banners. When members of NMAT attempted to oppose this unlawful action, they enlisted police support," the letter continued.

"Under police pressure we of the NMAT agreed to the removal of our banner in order to avoid a clash and disturbance of the peace," the letter said.

It stressed that the NMAT had no connection whatsoever with the events which Mr. Thondaman alleges took place on May 1.

"The newspapers report that Member of Parliament, Veeran Sennan of the Badulla district, a member of the UNP and associated with the CWC is to move a motion in Parliament calling for the banning of the National Movement Against Terrorism and the Sinhala Veera Vidhanaya," writes Mr. Batuwanthudawa.

The letter also stated several reasons for the NMAT opposing the transfer of this police officer.

"We have to remind you, Madam, that by giving legal protection to Mr. Thondaman's racist, extremist politics your government is courting disaster for yourselves and the country. We have to also declare that when the LTTE has been proscribed, your permitting members of the CWC to attend an LTTE conference at Government expense is an act which brings the law into deep disrepute."

The NMAT led a strong protest on Wednesday against Thondaman's intervention to transfer SSP Jayasundara. The protest march which began opposite the Mahaweli Centre on Green Path proceeded up to Temple Trees where an attempt to hand over a petition addressed to the President was made.

The NMAT supporters staged a noisy protest outside Temple Trees for more than two hours. On their return, the group stopped opposite the Ceylon Workers Congress (CWC) where they pulled down the CWC flag and hoisted the National flag.

Ethnic cleansing charge

The National Movement Against Terrorism has strongly condemned Thursday's LTTE attacks on Kokilai and Welioya as being an attempt at ethnic cleansing.

At dawn on June3 tiger terrorists fired mortars at the fishing village of Kokilai. Throughout the day firing had taken place on the Weli Oya coast.

A thousand fisher families from Welioya and Kokilai were driven to abandon their homes and come to Negombo and Padaviya, the NMAT said. The NMAT called on the Government and the Opposition to give up their struggle for power and unite to defeat terrorism, racism and ethnic cleansing.

They further emphasised to the Government that instead of carrying out false operations for the sake of political gain, military manouevres should be carried out to secure the Yan Oya area.

British envoy eyes peace, trade and youth

By Hiranthi Fernando

The new British High Commissioner, Linda Duffield, says one of her top priorities in her assignment Colombo will be to help Sri Lanka find a solution to its 15-year-old separatist war.

Ms. Duffield, with more than 20 years of experience in diplomatic service, presented her credentials on Monday, turning a new chapter in her career with the first posting in South Asia.

A total vegetarian, she comes with an open mind, is keen to travel outside Colombo, talk to people from all walks of life and get to know the country better. She is simple, friendly and well disposed towards the media.

In her first interview since presenting her credentials, she spoke to The Sunday Times at her official residence, Westminster House.

Excerpts:

Q: What do you have to say about your new posting?

A: I am delighted to be in Sri Lanka. It is my first posting in South Asia. I will enjoy getting to know Sri Lanka's history and culture.

Q: What are your priorities as the new British High Commissioner in Sri Lanka?

A: I have three priorities. The first is to foster a strong historic bond between Britain and Sri Lanka. The second would be to promote strong sustainable growth in trade between our two countries. The third is to provide any support we can for the search for peace.

Q: What kind of support?

A: We want to provide any help we can towards achieving a lasting solution to the crisis in Sri Lanka. To encourage politicians of all parties to work together in finding a solution. It is a long process. We ourselves have experienced it in Northern Ireland, though the two situations are different. But it helps us to understand the difficulties.

Q: It is said that the modern diplomat is no more than his or her country's chief trader. How true?

A: There is the old conundrum, 'does the flag follow trade or does trade follow the flag?.' Trade is important to both countries. Both are islands and have to look outward for trade prosperity.

Britain is one of the top five investors in Sri Lanka. New investments amount to about 237 million pounds. The 150 million pound development project undertaken by the P&O at the Queen Elizabeth Quay will be the largest single investment by a British firm in Sri Lanka.

Trade last year between the two countries reached a record of 433 million pounds . Trade is a two way process with advantages to both parties. For example, the raw materials for the garment industry come to Sri Lanka from Britain and the finished products go back to Britain. Many garment factories here are set up with British partners.

Tourism is another vital factor in Sri Lanka's economy. Last year, 66,000 British tourists came to Sri Lanka. Three trade missions from Britain are coming to Sri Lanka this year. So trade is good. But trade is not the reason we are here.

I am keen on building closer ties between the youth of the two countries. English language training is a key part of that. The British Council has just celebrated 50 years in Sri Lanka. It trains more than 11,000 people in English every year. Every year, about 2,000 Sri Lankans go to Britain to study in British universities. Those ties are essential to build good relationships for the future.

Cultural ties are also important. Recently, the British Council brought a group of young jazz musicians, 'Indo Jazz Fusions'. It was a blending of Asian instruments with western jazz music. A blending of two cultures. I would like to see more of such activity in Sri Lanka. Culture is another way of building bridges between young people in Sri Lanka and Britain. The British Council cultural and English language programmes are a vital part of what we are trying to do.

Q: Sri Lanka has requested assistance from Britain for the training of English language teachers. What was the response of Britain?

A: We are supporting a programme for training primary school English teachers, through the British Council. The programme is funded by the Department of International Development.

Q: Trade, investment and tourism apart, Sri Lanka's most pressing problem is the ongoing separatist war. The LTTE rebels maintain their international headquarters in London despite enactment of tough anti-terrorism laws. Your comments?

A: Under present UK counter terrorism legislation, the power to proscribe or ban an organization only applies to Northern Ireland terrorist groups. But we have made it clear that we do not want Britain to be used as a base for supporting terrorism overseas. Last year, we strengthened our legislation in the Criminal Justice Act of 1998, making it illegal for anyone to conspire in Britain to commit a criminal or terrorist act overseas.

We also reviewed our counter terrorist legislation and issued a Consultative Document about this, to study further measures, including terrorist fund raising in Britain. I hope more proposals will come before parliament soon.

Q: What are Britain's immigration policies vis-a-vis its attitude towards asylum seekers?

A:We look at every asylum case on its merit. Anybody seeking asylum in Britain has to show that he or she entertains a well founded fear of persecution on grounds of race, religion, political belief or nationality, as set out in the 1951 United Nations Convention.

Q: How would you describe Britain's growing role in Europe, especially its high profile role with NATO. Does this role in any way affect its ties with old friends in the Commonwealth?

A: Britain's relationship with Europe is important. Two thirds of our trade is with the European Union. At the moment NATO is tackling some serious problems in the Balkans and Britain is playing a key role in that. That does not mean Britain is not interested in relationships outside Europe. The Commonwealth matters enormously to us. The Commonwealth is a sort of unique family of nations — 54 countries stretching right round the world. Its relationship is based not just on historic ties but on shared values too. Sri Lanka is a key partner in that relationship. So we certainly want to do everything we can to develop our Commonwealth ties together.

Q: What is the British policy on development aid to Sri Lanka? Since the completion of the Victoria Dam, there has been no large development project undertaken with British aid. Any particular reason for this?

A: Our aid programme of about seven million pounds a year represents about 1% of total aid flows. The nature and level of our assistance to Sri Lanka has changed since the 1980s when we were involved in large infrastructure projects such as the Victoria Dam. Sri Lanka's development needs have moved on and British development policy is now more firmly rooted in poverty eradication.

Our current programme is to contribute to a reduction in the proportion of Sri Lankans living in poverty by 2015, in line with international development targets. One of the ways we are doing this is through primary education and relief and rehabilitation programmes in the North and East. Although not on the scale of the Mahaweli Project, we are still making a substantial contribution, 2.3 million pounds a year in the case of primary education and 3.5 million pounds in the case of relief and rehabilitation work.

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