Tender Corruption

Pic by : Chandana Wijesinghe

In 2013 Sri Lanka was ranked 91st on Transparency Internationals’ Corruption Perceptions index, down 12 spots from the year 2012. The index ranks countries according to how corrupt their public sector is perceived to be by the public through a number of surveys carried out. Greater the rank according to the survey, the perception of corruption is likewise treated as being high in society.  According to the organization the Corruption Perceptions Index 2013 serves as a reminder that the abuse of power, secret dealings and bribery continue to ravage societies around the world as two-thirds of countries scored below 50 (including Sri Lanka) indicating a serious, worldwide corruption problem.

Sri Lanka’s result in the preceding year could only mean according to public perceptions corruption in the public sector in Sri Lanka is on the rise or at least it is deemed to be so. Such a ranking is clearly not an achievement Sri Lanka can be proud of, but never the less it is not unexpected or startling. Corruption has been long inherent in the public sector of Sri Lanka, so much so that it has even developed its own lingo. It is a generally the accepted norm that one needs to provide a ‘something’ in order to get the needful done in a government office.

According to Commission to Investigate Allegations of Bribery or Corruption (CIABC) Director General  Lakshmi Jayawickrama the main offending parties that solicit bribes appear to be public servants from the education sector and the Police. “The third offending party appears to be District and Divisional Secretariat staff,” said Jayawickrama adding that other categories included are civilians and Court staff. However today the dialogue among many is regarding corruption of epic proportions, going far beyond the mere Rs. 500 handed over for running a red light or to obtain a document faster.

With the end of the war the country has gone in to a full development mode. After years of conflict, Sri Lanka needs to make up for the lost years and possibilities of development, which were all sacrificed to rid the country of its greatest burden. But just as the highways, and various other development projects have been put in to top gear whispers have been many regarding unsolicited tenders, bribes and political favors. And then there are outright allegations by the opposition and even revelations with calls to re-introduce the scrapped National Procurement Agency (NPA) in order to tackle soaring corruption.

The National Procurement Agency was originally formulated by a Cabinet Memorandum in 2004 by then President Chandrika Bandaranaike Kumaratunga citing an urgent need to formulate a National Procurement Strategy and streamline the National Procurement System and Procedures with a view to eliminate corrupt practices, waste of time and funds while improving transparency and efficiency pertaining to government work.However, in 2007 only three years since its inception the government officially informed the NPA in December 2007 to close shop. The Agency was requested to hand over its assets, liabilities and staff before January 31, 2008. Although NPA Chairman Daya Liyanage, submitted a written appeal outlining the achievements of the Agency, and urging that it continues it was to no avail.

The government citing NPA’s lack of performance and effectiveness functions of the NPA handed over its functions back to the Public Finance Division of the Treasury Department, under a process described by a Cabinet Memorandum dated 11 May 2004, as time consuming, permitted corrupt practices and also resulted in exceptionally delayed implementation. Back then while the employees cried foul over the government’s decision to shut it down, they said the decision was made due to political reasons and had nothing to do with the NPA’s lack of performance.

At the time the NPA had formulated many projects and ongoing activities in order to standardize and simplify the government procurement system. The Agencies projects included formulating guidelines for government procurement of pharmaceuticals and medical devices, consulting services, public private partnerships and local government institutions. The NPA was also formulating standard bidding documents for various public institutions, preparing a bidders’ guide to success in public procurement as well as assisting, guiding and advising institutions and clients. Furthermore, the NPA was in the process of formulating an effective coordinating system to interact with the Line Ministries and government agencies and developing a Web Based Procurement Monitoring System (WBPMS).

Other projects were related to strengthening and monitoring government procurements, strengthening the government procurement capacity and enhancing the transparency and good governance of government procurement.Therefore the call to re-implement the NPA is understandable as an agency which carried out many important functions in order to prevent corruption and ensure transparency in the tender process.  One of the main voices requesting its re-introduction has been of United National Party parliamentarian and Economist Dr. Harsha De Silva.

According to Dr. De Silva the state’s strategy of resorting to unsolicited projects as well as awarding contracts sans competitive tenders must be immediately reined in as it contravenes its own regulations. “This modus operandi doesn’t ensure transparency and the best price because it is only via competitive bidding that fair play and price can be ensured,” UNP MP said. The Ministry of Finance Circulars 444 and 444/1 clearly stipulates that the Government should make no decisions on unsolicited proposals except with Cabinet approval in exceptional circumstances. “However today the exception has become the rule as opposed to following procurement guide lines” he said when interviewed by The Nation and perhaps in an attempt to justify the accusation Secretary to the Finance Ministry Dr. P. B. Jayasundera was reported as saying Government’s rigorous tender procedures made big projects impossible.

However, as UNP MP Harsha De Silva pointed out such an explanation appears to be unacceptable. According to the MP an open and transparent process does not necessarily cause delay as during the President Kumaratunga’s regime the Colombo Katunayake Expressway was facilitated within nine months through a competitive tender process. Ironically the Tender Committee for the Katunayake Express project in 1999/2000 was chaired by the current Treasury Secretary Dr. P.B. Jayasundera who is now of the opinion that such a tender process can hamper large scale projects. The Nation was unable to elicit a response from Dr. Jayasundera regarding the comment made by him.

Most recently the government was slammed for awarding a multi-billion dollar sea reclamation deal to a Chinese company blacklisted by the World Bank for corruption. A World Bank statement in 2011 said it had debarred China Communications Construction Company from participating in its projects until 2017 following a corruption probe on a road project in the Philippines. However Sri Lankan government spokesman Keheliya Rambukwella denied any corruption. “There is no corrupt practice involving this company in respect of our transactions,” Rambukwella told reporters at the time.

While many Chinese companies are now investing in mega projects in Sri Lanka, there have been many allegations of them avoiding tender procedures and hence emerging as the only bidders for contracts with talks of commissions running up to millions of US Dollars being paid to local agents to secure such projects.

In February this year the engineers of the Ceylon Electricity Board claimed that the construction of the Norochcholai and Sampur Power Plants did not take place in line with proper tender procedures while pointing out that the country is suffering the consequences of not following proper tender procedures. Such allegations have also spilled out to other development projects. Also it should be noted if the projects being handed over are being completed successfully. During the Commonwealth Heads of Government Meeting the pavements and other public spaces were revamped many of the projects missed their deadlines while some pavements were left with gaping holes, and incomplete bus stands and parks, and  therefore perhaps the re-introduction of the NPA is the need of the hour.

But however the government has remained silent on the matter despite the concerns being valid.  According to Dr. Harsha de Silva he has received no response from the government. “They are just silent on the matter” he said. He suggests Sri Lanka needs a more dynamic tender process in order to eliminate corruption in keeping with the times and the current development projects being carried out in Sri Lanka as well as the methods of financing of them.

But most importantly what must be kept in mind is these are public funds being utilized in an incorrect way, loans received for projects which are paid for through the taxes paid by the general public.

 In 2006, President Mahinda Rajapaksa wrote in his Preface to the NPA Guidelines that all Government Departments and Ministries should follow the guidelines and urged them to do so, and as stated before the guidelines should not be the exception but the norm. Likewise as a citizen one can only request the government adhere to the guidelines of National Procurement in order for better transparency and to eradicate corruption in Sri Lanka.

http://www.nation.lk/edition/fine/item/28440-tender-corruption.html

Fresh roadblocks ahead

By Arthur Wamanan and Maneshka Borham

The Government has increased intelligence in the North

Terrorism experts have called on Sri Lanka to formulate a mechanism to dismantle the international network of the LTTE that has been active during the past five years despite its defeat in Sri Lanka. The recent developments pertaining to the revival of the organization in Sri Lanka has prompted local authorities to seek international assistance to prevent all attempts made by the group to reorganize. Even though the organization was militarily defeated five years ago, experts had constantly urged the Sri Lankan Government and the authorities to establish a proper mechanism to foil attempts by the LTTE elements abroad to regroup and pose fresh threats to Sri Lanka.

The Tamil Nadu factor

Head of the International Center for Political Violence and Terrorism Research (ICPVTR)] at Nanyang Technology University in Singapore, Prof Rohan Gunaratna told The Nation that Sri Lanka’s priority was to dismantle the LTTE’s overseas infrastructure. “The LTTE branches and fronts in Tamil Nadu and the West supported the revival of the LTTE. With the center of gravity of the LTTE shifting to the international arena, the international law enforcement and security and intelligence services are concerned about the regrouping of the LTTE,” he told The Nation. “They do not want their host countries to be exploited by the LTTE to target another country. To fight the revival of the LTTE, there is extensive counter-terrorism cooperation and collaboration. Despite the geopolitical differences and strategic challenges, governments will continue to cooperate on security as long as terrorism remains a tie one threat,” he added.

The Tamil Nadu factor has also played a key role in the LTTE’s international network. Following its military defeat in Sri Lanka, the LTTE has looked at Tamil Nadu as a key platform for its revival. “The LTTE survived by turning to their overseas branches and fronts in Tamil Nadu and Western countries. Canada, France, Germany, Switzerland and the UK hosting large Sri Lankan communities emerged as conducive arenas,” Prof. Gunaratna added.

The common sentiment of Tamil Nadu people and its politicians also helped the LTTE to use the State as a platform to strengthen its network internationally. Tamil Nadu played a key role in India’s position on the US-backed resolutions that were tabled at the United Nations Human Rights Council (UNHRC) sessions in Geneva after 2009.

The recent clash has also brought to light the plot by the LTTE after the end of the war. Prof Gunaratna revealed that there had been at least half a dozen plots targeting Sri Lanka since May 2009. “The security platform during the three phases – humanitarian assistance, socioeconomic development and political engagement – prevented a revival. The national security and counter terrorism agencies have effectively responded to the threat,” he said.

He said the LTTE overseas network focused on lobbying to dismantle the security platform in Sri Lanka to make a ‘surreptitious’ comeback. “Like terrorism returning in Iraq and Afghanistan, terrorism will return if government dismantles the security platform,” he said. During the past five years, the Northern Province has seen changes through development, reduction of barriers on the roads.

Situation under control

However, the shootout in Nedunkerni in the wee hours of April 11, and emerging reports of LTTE revival in the North have once again prompted security forces to put up temporary roadblocks and check points to avoid terrorism elements to regroup and hamper daily lives of Northern civilians. The security forces and Police have said that the situation was very much under control and no drastic measures needed to be taken to address the issue.

Military Spokesperson, Brigadier Ruwan Wanigasooriya stated that there was no plan to increase military presence in the North following last week’s incident. “As of now, there is no plan to increase military presence in the North. However, we will have to do it if the need arises in the future,” he told The Nation.

 “We have put up a number of them after this incident. They are still functioning since we need to ensure stability and security. However, these road blocks will be removed once the situation eases,” he said.

The topic of military presence in the North has been an issue of discussion ever since war ended five years ago.

The Tamil National Alliance (TNA) has continuously leveled allegations against the Government and the military that no action had been taken to reduce military presence in the North despite the war coming to an end five years ago. The United Nations human Rights Council (UNHRC) sessions in Geneva last month also discussed the topic before tabling the resolution against Sri Lanka.

Minister Mahinda Samarasinghe who is also the Special Human Rights Envoy for Sri Lanka, had reiterated the importance of military presence in the North following the shootout. The Minister, after meeting the chief prelates of Asgiriya and Malwatte Chapters in Kandy last weekend said the Government had made the right decision to retain military presence in the North despite international pressure.

Meanwhile, the Police have taken immediate action by strengthening its intelligence in the North. Police Spokesperson, SSP Ajith Rohana held a special press conference last Thursday (17) to elaborate on the actions taken by the Police to tackle the issue and measures that needs to be taken by them and the general public to address the issue.

During the recent past, Police had arrested several persons suspected to have been connected with terrorism activities. On March 5, two individuals were arrested by the Palai Police for putting up posters containing propaganda material of the LTTE. “The posters had called for regrouping due to injustices faced by the Tamil people,” SSP Rohana said.

Police spokesperson SSP Ajith Rohana

The TID was able to ascertain the instructions for the poster campaign was given to these individuals by Kajeepan Ponniah Selvanayagam alias Gopi who was one of the three suspects killed in the shootout. It was further revealed in the questioning that two other persons Sunderalingam Kajeepan alias Thevian and Navaratnam Navaneedan alias Appan were actively contributing to the regrouping efforts. Both Thevian and Appan too were killed in the clash while trying to flee.

SSP Rohana further said that Thevian is also said to have purchased a plot of land in Dharanikulam, Vavuniya with the intention of using it for future operations of the LTTE. Previously, on March 11 the Terrorism Investigation Division (TID) conducted an operation to arrest Gopi in Kilinochchi.  However, he was able to evade arrest by escaping from the house of an individual by the name Jeyakumari Balendran, while shooting a TID officer. Balendran was arrested for aiding the suspect. The arrest triggered protests internationally as she had been at the forefront of several protests and agitations organized in the North on disappearance.

The TID was able to find mortars and ammunition from a house in Vishwamadu through further investigations in March. The TID was also able to find landmine detectors from another residence which were revealed to have been stolen from a company by the name of Dash.  Further, the TID was able to find hidden instruction manuals in Udayarkattu explaining weapons training. “Clearly there are attempts to regroup, saying there is no such regrouping is a false statement,” SSP Rohana said.

Since March, 67 were arrested for terrorist-related activities. Currently, out of that 47 men and 10 women are still in custody. Since the end of war 106 individuals are in the custody of the TID for terror related-activities such as Nandagopal who was arrested when arriving in Sri Lanka. According to SSP Ajith Rohana the intelligence units are focusing on the Northern Province with special focus on Jaffna, KiIlinochchi and Vavuniya.  “We have increased intelligence in the North,” he added requesting residents of the North not to support such groups.

Attempts by the LTTE to regroup in Sri Lanka are currently being neutralized with the help of the TID officials and Sri Lanka Army, Police Spokesperson SSP Ajith Rohana said. Since many of the leaders are said to be operating from abroad, Interpol on requests by local authorities has issued red notices to 190 countries. Accordingly, 40 red notices have been issued by Interpol on persons involved in terrorist activities and propaganda.

Nediyavan and Vinayagam who have been identified as new front-runners of the defeated LTTE terror outfit are among persons such red notices have been issued against. “We are seeking international assistance through the Interpol to counter the rise of such groups in Sri Lanka,” SSP Rohana said.

Picture credit : The Nation (Chandana Wijesinghe)

Dirtying a revered path

Shadow of Adam's Peak

According to legend and indigenous belief Sri Pada is the abode of the deity Sumana Saman, one of the guardian deities of Sri Lanka and at the peak of the Sri Pada Mountain lies a sacred footprint significant to those of every race and religion.

Believed by Buddhists to be that of the Buddha, historical text has it that the Buddha placed it on His third visit to the island, when he visited the mountain on the invitation of deity Sumana Saman, leaving his footprint as an object of veneration. Likewise Hindus believe it is the footprint of Shiva while in Islamic and Christian tradition, it is thought to be of Adam, who left his footprint when setting foot on Earth after having been cast out of Eden.

While the mountain is considered holy by most and is steeped in tradition, history and legends, its importance goes far beyond. The area is in fact rich in bio diversity. The Sri Pada region is considered one of only two known locations in the country where one can observe all 33 known bird species that are endemic to Sri Lanka while the region is also home to various species of fish, amphibians, reptiles and butterflies, all endemic to the island. In 2010, UNESCO named Sri Pada a Natural Heritage due to such significances.

Every year from the month of December to May devotees undertake the long and grueling trek to the summit of the mountain with the hope of praying and catching a glimpse of the most venerated sacred footprint. While the journey through the forest, climbing thousands of steps is a difficult task, a common advice given to the novice by adults is to guard their tongue against uttering anything that is deemed disrespectful to the deity Sumana Saman. Thus is the veneration and respect held by the people.

However it can come as a shock to a first time climber that a path taken with such reverence is littered with polythene and plastic, with the stench of human excreta wafting through the air of the forest while overflowing water from toilets run downhill. It is confusing as to why such individuals themselves who scale the mountain with such veneration are driven to pollute the path to the top, as well the base and pit stops around the area. While at the peak of the season the number of devotees can rise to two million and the garbage problem with it. The most common pollutants are plastic and polythene.

However the man-made mess is not limited to Sri Pada. Such pollution is common in other religious sites such as the Temple of Tooth, Madhu Church, Katharagama and Nallur. According to Environment and Renewable Energy Minister, Susil Premajayantha sometimes lack of awareness or negligence of people create many environmental issues. “People are destroying natural beauty as well as natural water sources of this region. We have to take immediate solutions for these impacts,” he said at the press briefing held recently inaugurating the Sri Pada homage program organized by the Central Environmental Authority (CEA).

True to his words it was disheartening to see individuals discarding non-degradable items littering the area even during the homage program held with the intention of cleaning up the path. The pathways appeared to have been cleaned before by other groups with the amount of waste being minimal. This was confirmed by Environment and Renewable Energy Ministry, Media Secretary and Thusitha Halloluwa who said that since the season began many groups had undertaken clean ups at various times. However pilgrims continue to litter during the climb on a daily basis. While the worst offenders were the older generation, it was shocking to see a person nonchalantly discard a plastic sheet from the upper terrace of the shrine, littering the lower terrace.

When asked why people litter religious places, a pilgrim appeared confused. After pondering for a bit she replied “I think people are not aware and do it because they are used to it.” However it was difficult to perhaps accept that answer as there were bins lining the path and notices put up asking people not to litter. With such a big awareness program being carried out, it is doubtful people were not aware of their own actions.

According to Halloluwa, individuals tend to litter despite warnings due to attitudes. “It is difficult to change the attitudes of the older generation,” he said admitting that they were in fact the worst offenders while the younger generation is more aware of the consequences of such actions. However he said the Ministry considers the program a success. “The main objective of the program was to create awareness, and I think we were able to do that,” he said adding that the Ministry hopes to organize another clean up after the season with the participation of the armed forces.

The program saw various volunteer groups including Ministry and CEA staff collecting plastic and waste which littered the path while descending.  According to eye witnesses the cleanup didn’t go beyond the Indikatupana area. It was questionable as to why garbage collected during the program was not brought to the foot of the mountain in order to be recycled and instead collected into bins along the way?

Also while the path was cleaned, garbage collected at the bottom of the lower terrace of the shrine remained. They appear to have been there from time immemorial and attempts to clean up that area of garbage was not apparent. Shockingly pilgrims had even disregarded notices and left behind dozens of plastic bottles, used to pour oil into the Dolosmahe Pahana at the shrine, littering the site.

Littered Dolosmahe Pahana

Speaking to The Nation a member of the Law Students’ Environmental Society of the Sri Lanka Law College expressed his displeasure over the organizational aspect of the program saying it was less than successful.

However Environment and Renewable Energy Ministry is expected to upgrade facilities at Sri Pada with the Minister putting down pollution to the lack of modern facilities for the pilgrims. “We will upgrade facilities along the major pit stops of the path,” he said adding that unavailability of such facilities give rise to environment issues. The Ministry is also expected to implement a plan which will facilitate proper garbage disposal at the major stops along the path. “We will implement these at all major religious places as well as other significant locations where crowds gather,” Minister Premajayantha said adding that the program has been informative to the general public.

However, much human power has been wasted cleaning the path leading to Sri Pada every year. While they manage the cleaning to some extent, questions arise as to the practicality of engaging in the exercise constantly. Though notices and bins have been put up, the awareness levels of people appear to remain minimal. Only time will tell whether better facilities will improve the situation and encourage people to keep religious places clean.

- See more at: http://www.nation.lk/edition/fine/item/28097-dirtying-a-revered-path.html#sthash.cig8SRmj.dpuf

© 2014 Maneshka Borham

Fort Hammenhiel - Prison in choppy waters

Away from the hustle and bustle of Jaffna town, passing the Ponnalai causeway one arrives at the Island Karainagar. Situated at an islet at the tip of Karainagar, guarding the channel between the islands of Karaitivu and Kayts, lies Fort Hammenhiel. While not well known as Galle Fort, Hammenhiel is nevertheless steeped in history.

Built by the Portuguese in the mid 17th Century, the fort was named Fortaleza do caes and served on the north just as Mannar fort did on south, guarding the passage by water to the Castle Fort of Jaffna.

Entrance to the Fort

However the fort was captured by Dutch in 1658, through the leadership of Captains Cornelies Reb, Piester Waset and N. van de Reede. According to Historic accounts relating the siege the Fort was conquered only following a fortnight of heavy bombardment from the shore which caused heavy damage to the wooden rain water tank. It is said the Portuguese had to surrender due to the scarcity of water at the Fort after their water tank was destroyed in the Dutch attack.

Once claimed the fort was renamed by the Dutch as ‘Fort Hammenhiel’. Amusingly the name translates to Heel of Ham. According to historians the Portuguese thought the shape of Ceylon resembled a smoked ham and as the picturesque fort was at the point where the shank bone projects, they are said to have given it the strange name. The Dutch invariably maintained a garrison of thirty men under the charge of a Lieutenant or Ensign in the fort. According to RL Brohier in his book ‘Links Between Sri Lanka and Netherlands’ the early Dutch Governors had made very special mention in their records that Hammenhiel must be carefully guarded with “non but Dutch being stationed there”.

Court yard of Fort Hammenhiel

Rebuilding the fort in 1680, the Dutch preserved the Portuguese masonry pattern inclusive of the octagonal shape. They also did nothing to correct the Fort’s weak point, the water tank and the insecure fresh water supply were once again the falling factors of the new occupiers. In 1795 the Hammenhiel fort fell into the hands of the British. The British, retaining the name, is said to have used the Fort to quarantine arriving mariners.

After independence the fort was used for various purposes. Used as a high security prison by the state, a revolutionary and his ideologies were once imprisoned in the walls of Hammenhiel. Following the failed insurrection of 1970, rebel leader Rohana Wijeweera and 12 others were detained in the fort located far off in the Northern Peninsula of Jaffna. It was also later used to house other prisoners of the abortive 1971 JVP insurrection. Those detained included Upatissa Gamanayake, Lionel Bopage, Podi Athula (Victor Ivan), Loku Athula (N. Jayasinghe), Prof. Jayadeva Uyangoda and Mahinda Wijesekara.

A cell at Hammenhiel

Today inscriptions made by these political prisoners remain. Once such inscription said to have been made by none other than Rohana Wijeweera addresses a commissioner about individual and private property, while in another cell a prisoner writes an inscription addressed to Fort Hammenhiel saying ‘Beloved Hammenhiel, for the last time’. It was used thereafter by the Sri Lanka Navy as a correctional facility and visitors were not allowed on the island during the war time in Sri Lanka.

However the fort has now been restored and converted to a boutique hotel run by the Sri Lanka Navy. A five minute boat transfer by the Navy will bring you to the fort. Perhaps unlike any other hotel, Hammenhiel has watch towers, cells, soldiers in battle dress, bugle calls, walls made of varying corals, court yards, and flag masts. Equipped with modern facilities, it is a unique travel experience where one can experience life in an ancient Dutch fort surrounded by choppy waters of the Indian Ocean.

© 2014 Maneshka Borham