1. Democracy at grave risk

Serious allegations are now being made that Mahinda Rajapakse’s narrow win at the presidential elections in November 2005 was as a result of his ‘bribing’ the LTTE to order over 600,000 Tamil voters under LTTE control in the north not to vote. This order not to cast a vote deprived the UNP candidate of a majority of the Northern votes which would normally have gone to the UNP. Rajapakse’s majority over Ranil Wickremesinghe was a mere 184,000 and the Northern Tamil vote was therefore crucial. This corrupt election offence which resulted in a usurper assuming the highest office in the land was admittedly handled by Basil Rajapakse (see above) who along with two ministers of the Government — Mangala Samaraweera and Sripathi Sooriyaarachchi who have now defected, made the deal in Kilinochchi just prior to the elections in November 2005.

Appointment of Basil Rajapakse as MP

In callous disregard of democratic conventions and practice, misusing the immunity accorded to an Executive President, and in a show of unmatched arrogance of power, Rajapakse has had the effrontery to appoint his brother Basil a Member of Parliament and he is being tipped to head an important ministry which is reported to have a budgetary provision of billions of rupees, opening the door a little further.

By-passing parliament

On the instructions of the President, the Secretary to the Treasury incorporated two Ccmpanies, namely, Lanka Puthra Bank and Mihin Air Pvt. Limited. These proposals were rushed through Cabinet without full disclosure; neither was there proper feasibility reports for these projects. The government has avoided debating these issues in parliament and not obtained approval in parliament.

Furthermore, the government has invested money by-passing parliament, acting contrary to the Appropriation Act and in violation of the Constitution. The Ministry of Finance has invested money directly in Mihin Air and invested money in Lanka Puthra Bank for the purpose of giving a loan to Mihin Air (Pvt) Limited.

US$ 500 million Bond Issue

The Governor of the Central Bank — a relative of President Mahinda Rajapakse, is about to enter into an agreement with HSBC for the issue of Dollar Bonds totalling US$ 500 million. The government has agreed to give a sovereign guarantee for foreign borrowings. The Bond is issued for the purpose of raising monies for specified development projects. Some of these projects are already funded by the ADB, the People’s Republic of China etc. The others cannot be implemented as they are in areas affected by the north and east conflict.

Transparency International Sri Lanka issued a Position Paper titled "Foreign borrowing of US$ 500 million" on 12 September 2007 on the proposed Government of Sri Lanka sovereign bond being lead managed by HSBC Holdings, J P Morgan and Barclays.

The paper focuses on several governance issues related to the proposed bond. The key issues include the transparency of the selection of the managers to the issue, the terms and conditions of the borrowing, the proposed utilisation of raised funds and very importantly the associated repayment risks.

Transparency International is highly skeptical of the undertaking that funds raised by this bond would be utilised for infrastructure projects mentioned by the government, particularly when large amounts of low-cost funding is available for same on easy payment terms. It queries if the repayment is a bullet payment and if so what the justification is for such a repayment on long-gestation infrastructure projects. It also queries how such a large payment could be made without jeopardising the macro economic balance.

In conclusion, Transparency International asserts that details of the proposed bond be provided to parliament and approved therein as it is parliament that has full control over all public finance.

Depriving the voters access to their elected representatives

The four Eastern Province Tamil MP’s of the TNA (Opposition now in Colombo to escape being assassinated by the Karuna Group —a paramilitary Tamil group actively supported and armed by the military) are not being provided with the security due to them for visiting their electorates. In spite of frequent requests for security these appeals have fallen on deaf ears. In the meantime the government is claiming that the east has been liberated and is safe. Safe for whom is the question.

Harassment of the judiciary

An attempt has been made this month to influence the decision of Magistrate (Ms Darshika Wimalasiri) on the matter of granting bail to a Minister’s (the infamous Mervyn Silva) son Malaka, by threatening the magistrate’s mother on the night before the bail decision was to be given.

Deliberately subverting the Constitution

In defiance of the 17th Amendment to the Constitution Mahinda Rajapakse in his arrogant exercise of naked power has appointed political stooges to the key commissions which oversee the running of the Public Service, the Judicial Service, the Police Service the Bribery Commission and key high posts which legally fall within the mandate of the Constitutional Council established by the 17th Amendment to moderate the arbitrary exercise of discretion by a capricious President. All these illegal appointments will be dealt with at a change of government but the flawed decisions of such illegal authorities today go unchecked because of Presidential immunity which the present Constitution endows the President with. This is the root of the power of the Blood Brothers Inc.

2. Peace through WAR

While his Foreign Minister, "BOGS" (name Bogollagama shortened) preaches of a negotiated political solution to the national problem, Mahinda Rajapakse’s brother, the Defence Secretary, orders his troops to wage all out war. We quote his recent speech in at the naval base in Trincomalee.

"We are ready to defeat terrorism using military power rather than depending on a political solution which we find difficult to reach right now."

There is a huge and glaring dis-connect between the high intensity military action on the ground and the so - called ‘peace process the APRC (All Party Representative Committee) convened by the President to confuse the international community and entice them into providing some foreign aid.

3. Human Rights violations; killing of humanitarian aid workers at Muttur in 2006 et al.

There is increasing international concern at the lack of progress on the inquiries promised by the government into the 16 high profile assassinations including the aid workers at Muttur referred to in Darkness at Noon.

The 11-member International Independent Group of Eminent Persons (IIGEP) yesterday (20th September) complained that a government probe into 16 high-profile cases, including mass murder, had failed to make headway since being launched in November 2006.

It says the Commission of Inquiry has ‘failed to comply effectively with international norms and standards.’ "The IIGEP reiterates its opposition to the leading role of the officers of the Attorney General’s Department in the Panel of Counsel to the Commission, which involves serious conflicts of interest. This situation lacks transparency and compromises both national and international standards of independence and impartiality that are central to the credibility of and public confidence in the Commission." Other Sri Lankans have not been as guarded in their criticism of the delays. Most see this mechanism of Presidential Commissions by the present regime as yet another attempt at cover–up or delay with the final result of the guilty going scot-free and impunity being further enthroned.

The IIGEP is chaired by retired Indian Chief Justice P.N. Bhagwati. It handed over its interim report to President Mahinda Rajapakse last Tuesday. (18th September).

4. Media Freedom

The Sunday Times published a report by its Defence Correspondent Mr. Iqbal Athas on the irregularities connected to the purchase of MiG 27 jet fighters from Ukraine. This was further inquired by the Sunday Leader and the United National Party’s Research Unit.

The findings were that four MiG 27 aircraft which were rejected by the Sri Lanka Air Force in 2000 were purchased by the Defence Ministry in 2006 paying a sum of US$ 2.462 million each, when the price paid in 2000 was US$1.5 million each. Furthermore, these aircraft were 25 years old and have been purchased at the end of their normal life span. Payment for these aircraft had not been made to Ukrinmash in Ukraine by the Sri Lankan Government. Instead, payment had been made to an offshore company called Bellimissa Holdings. No further details are available on this company.

Subsequent to this report being published, Mr. Iqbal Athas’s security was withdrawn and he received death threats.

Senator Joseph Biden — Chairman, Committee on Foreign Relations, United States Senate and Joel Simon — Executive Director of the Committee to Protect Journalists, had written to President Rajapakse drawing his attention to the intimidation of Mr. Iqbal Athas.

5. Corruption

The government also tried to force NTT of Japan which has the management rights for Sri Lanka Telecom to sell its stake to a company established in the Netherlands which is wreaked with corruption.

The forced share sale was challenged in the Supreme Court of Sri Lanka where allegations of corruption were made. The Supreme Court stayed the sale and the transaction, until further investigation.

6. Undermining the work of the Secretary General and the United Nations

To cover up the sins of the government, Mahinda Rajapakse’s ministers have begun the practice of insulting and abusing the Secretary General’s special rapporteurs.

Last year Ambassador Alan Rock, special Rapporteur on Child Abuse was called anti National and a stooge of the LTTE, for reporting that there "were signs of collusion between the military and the Karuna Group in the recruitment of children."

This year Sir John Holmes, the Special Rapporteur on Disappearances who correctly termed Sri Lanka one of the most dangerous places on earth was attacked by an important minister (he is also the Government’s Chief Whip) as a terrorist. The UN Secretary General called this behaviour unacceptable but there was no apology by the President of the Government. Perhaps Rajapakse will do this when he calls on the UN Secretary General in New York this week.

"Shooting the messenger who brings bad news" is becoming standard practice for the Mahinda Rajapakse administration.

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