PSC -the ideal platform to solve national question - Dilan Perera
By Uditha KUMARASINGHE
Foreign Employment and Welfare Minister Dilan Perera said the
proposed Parliamentary Select Committee is an ideal platform to bring
about amendments to the constitution aimed at a political solution to
the national question. The Minister in an interview with the Sunday
Observer said we must try to get the TNA, UNP and all other political
parties involved in the Parliamentary Select Committee to evolve and
fine tune a solution that will go beyond the 13th Amendment. If any
political party feels this select committee is going to be an exercise
to mark time, the option is not to boycott it but to participate and
request to have a time frame to finish its deliberations.
Excerpts of the interview:
Q: Are you optimistic that the proposed Parliamentary Select
Committee would be able to evolve a solution to the national question?
A: I have been very optimistic in any attempt which has been
made throughout history to bring about a solution to the national
question. Even in this instance, I see the proposed Parliamentary Select
Committee as a very positive step to bring about necessary amendments to
the Constitution aiming at a political solution.
It is time that we made use of this opportunity to push things ahead
as fast as possible. If some political parties which feel that this
Parliamentary Select Committee is a waste of time, the option is not to
boycott it but to say we will participate but let’s have a time frame to
finish its deliberations’.
It is very easy now for any Parliamentary Select Committee to have a
time frame because a lot of things have been discussed at length during
the Thimpu talks, the Mangala Moonesinghe talks and Prof. Tissa
Vitharana’s APRC talks. So it is very easy now to have a time frame and
have a process that is going to be a positive one in the Parliamentary
Select Committee. Because the Parliamentary Select Committee is one
place where you can have hundred percent inclusivity.
Any solution to the national question must have as far as possible
all the stakeholders in it. Only then concept of inclusivity becomes
successful. So I think the Parliamentary Select Committee is an ideal
platform for us to move forward towards a political solution and this is
the ideal forum to propose the necessary amendments to the Constitution
to bring about that political solution because President Mahinda
Rajapaksa has said, whatever the Parliamentary Select Committee proposes
he will agree.
Whatever the solution that comes out of the Parliamentary Select
Committee has to be a solution that is going to fine tune the existing
13th Amendment. Nobody can now say that we don’t want the 13th Amendment
because the 13th Amendment is a part of the Constitution. All members of
Parliament who have given oaths in Parliament today have given oaths
under the present Constitution. The present Constitution involves the
13th Amendment. Nobody when taking oaths said I am taking oaths under
the Constitution minus the 13th Amendment. Nobody to my knowledge said I
am taking oaths minus the 13th Amendment.
Nobody can violate the Constitution. So we have taken oaths under the
present constitution of which the 13th Amendment is a part. We must try
to get the TNA, UNP and all other parties involved in the Parliamentary
Select Committee to evolve and fine tune a solution that goes beyond the
13th Amendment. Some people are calling it 13 plus. I would say there
are two ways to get the 13th plus. One way is 13 plus, one is 13 plus.
The other is 13 minus one plus two is also 13 plus.
If things are not very rosy with the 13 plus, forget about it and
let’s take the other route which is 13 minus one plus two. But any route
we take, everybody must realise that we have already given oaths under
the present Constitution which includes the 13th Amendment. We are
already a part of the 13th Amendment. This Parliamentary Select
Committee will have to look into ways and means of fine tuning the 13th
Amendment so that the solution can go beyond the 13th Amendment.
Q: What is your comment on the JVP and UNP’s decision to
boycott the proposed Parliamentary Select Committee?
A: I can understand the JVP boycotting, because the JVP
normally boycotts anything. They will even boycott their husbands and
wives. I have never heard the JVP saving ‘yes’. They will always say
‘no’. I have never heard the JVP say ‘can’. They always say ‘can’t. I
have never heard the JVP ever being positive. For a negative minded
party like the JVP, I am not one bit surprise or shocked that the JVP is
boycotting.
The JVP as a political party is in the political doldrums. They are
not taken seriously by anybody. But the UNP is a party which has ruled
this country and is the Opposition.
At present the UNP is divided into various camps such as the Ranil
camp, the Sajith camp, the new emerging camp known as the medium camp
led by Dayasiri Jayasekera as well as another camp led by Rosy
Senanayake which is saying that she should be the next leader.
I think the UNP as a party, boycotting the Parliamentary Select
Committee is only going to throw them into the political doldrums that
the JVP is in.
The UNP’s boycott only shows that they don’t have a proper policy to
bring about positive suggestions to the main problem. I think it is high
time the UNP stopped playing political football with the national
question. They must now be serious about it.
They must now work towards a political solution. I am sure Opposition
Leader, Ranil Wickremesinghe will get all the factions of his party
together and tell them to stop playing political football with the
national question and to make use of the proposed Parliamentary Select
Committee to evolve a practical solution based on power sharing
mechanism that can bring about a sustainable forward looking political
solution to the national question.
Q: Will it be another landslide for the Government at the
elections to the remaining local bodies on the July 23?
A: The entire country must look at July 23 election not with
the intention of only seeing that their party wins. I was in Jaffna last
week and signs are very good for us. A lot of people are disgusted with
the LTTE and TNA politics in those areas. The UNP has no say whatsoever.
The competition is really between the UPFA and the TNA.
The UNP is not in the race at all and is lagging far behind. All
parties while canvassing support for their own party at the Northern
Local Government Election must get together and canvass people to come
to the polling centres to vote, so that we can show the entire world
that democracy is rapidly gaining ground in these areas. During
Prabhakaran’s time, there was no democracy at all.
The people who went to vote were killed and the children did not have
the right to attend school.
They were forced to go to the war front. Instead of school bags on
their shoulders, 11 and 12-year-olds had to carry cyanide pills around
their necks.
The people in the North under went a lot of problems. I see the Local
Government Election as an election which will definitely bring positive
results to the UPFA and the UPFA is going to do very much better than
the last time Local Government elections were held in the North.
My ultimate goal while working in Jaffna for the UPFA is to see that
democracy wins and more and more people are allowed to cast their vote
in a free and fair manner, so that the people will have a right to
choose the leaders who should lead their local level organisations which
is very important for the people in the North and the East.
Q: As someone who is very close to the media, what do you
think about the defeat of the Right to Information Bill and is the
Government planning to introduce a better RTI bill in due course?
A: The Right to Information Bill (RIB) was not defeated, the
government has it in the pipeline.
When UNP MP Karu Jayasuriya got to know there was a Right to
Information Bill being drafted by the Government, he wanted to score
some cheap political points by bringing it up by himself. But he knows
that it is only the Government which can bring about a proper act to
give the people the right to information properly.
I think it is high time to stop playing petty games with major issues
like the Right to Information.
The vote taken in Parliament to defeat Karu Jayasuriya’s bill doesn’t
necessarily mean that the vote was against to Right to Information. We
only defeated Jayasuriya’s motion which was politically motivated to
score cheap political points.
We defeated the low thinking politics of Karu Jayasuriya. We did not
defeat the Right to Information Act. It will come very soon.
The people in this country and entire world will know that this
Government like in other instances will surprise the world just like
defeating the LTTE and establishing a new port in Hambantota. This
Government has surprised the world in many ways. The Government will
surprise the world by bringing this Right to Information Bill as soon as
possible.
Q: There was a report that the British Government was probing
the Channel 4 for its ‘Killing Fields’ program. The doctored version has
also been found. How can Sri Lanka face conspiracies like the Channel 4
conspiracy?
A: As we know the Channel 4 documentary was a fabrication. I
don’t think the Channel 4 video is something we should even talk about.
The due place for the video is not even the dust bin. The best place is
the lavatory pit. It only shows how they doctored the entire film. The
prime objective of the Channel 4 producers and those who took part in
producing that film is to tarnish the image of this country and
undermine war heroes who defeated the LTTE.
Q: Don’t you think that there is a strong case for
streamlining the whole ambit of foreign employment in view of the
increasing number of deaths among expatriate workers?
A: If you take the number of deaths among expatriate workers
and compare it with the number of people who went abroad, it’s not very
surprising that the number of deaths have gone up because the number of
people who have gone abroad has risen up.
It is wrong if some sections of the media try to twist and say the
majority of deaths are mainly due to suicide or killings. Among the
number of deaths more than 75 percent is due to natural causes. But the
Government is seriously looking at suicides and the killings among
expatriate workers.
Some people say the number of deaths has been increased without
taking into consideration the number of people who left Sri Lanka for
foreign employment. They can see the real situation by comparing the
two. We must look at ways and means of how we can decrease the number of
deaths due to suicide and killings.
Q: Foreign Employment is the biggest foreign exchange earner.
But facilities such as security of life, compensation where necessary
and occupational hazards have received minimal attention from the
authorities. Your comments?
A: I don’t agree that the authorities have paid minimal
attention to the problems you have raised. Sometimes the authorities
have gone beyond the limit to canvas and find solutions to the issues
that you have raised. For instance the Rizanas case, certain section of
the media are trying to create various problems with this issue, trying
to create a situation where Rizana will be placed in an uncomfortable
position in that country.
The Government, the Foreign Employment Bureau and the Ministry have
worked together. President Mahinda Rajapaksa wrote a letter on October
25, 2010 to his Majesty King Abdullah seeking clemency for Rizana thus
setting the course for future action based on humanitarian grounds. We
must not forget that was a turning point in Rizana’s case because the
President’s letter to his Majesty the King sought to set the course for
future actions based on humanitarian grounds.
There are instances where our Ambassador in Saudi Arabia has gone to
the extent of seeking legal advice on behalf of Rizana by talking to the
Deputy Prime Minister , Minister of Interior and the Deputy Governor of
Riyadh. Our Ambassador managed to get the assistance of all the 17
Ambassadors of the European Union group who requested clemency on behalf
of Rizana.
Because of the request made by our Ambassador in Saudi Arabia, the US
Ambassador in Saudi Arabia made a very strong request and appealed to
the Saudi Government for the clemency for Rizana. But we must realise
the law in that country is the Sharia law.
It is said to be a Divine Law. Because it is Divine law even the king
of that country cannot give a pardon to Rizana.
The Sharia law clearly states that we must get the consent of the
parents of the victim for the first step to a pardon. Then there will be
blood money stipulated.
The Government is willing to pay any amount of blood money on behalf
of Rizana to get her release. But we must get the consent of the parents
of the victim according to the law of that country. We must not forget
the fact that an infant has also died on that side. So we must now try
to work through the Shria law and follow the Shria law in getting a
pardon for Rizana. Shouting on Colombo streets is not going to help.
I saw some UNP Parliamentarians shouting in front of the Saudi
embassy in Sri Lanka. But that is not going to help.
How can we shout here and change the law in Saudi Arabia? One UNP
politician asked me the question in Parliament as to whether I have
heard any European or American person being executed in Saudi Arabia? I
asked that politician whether he has heard of any American or European
woman going as a house maid to Saudi Arabia? Sometimes I have seen
actors in Tamil and some Sinhala films tossing a coin up and hitting 15
people and he takes the coin and puts it in his pocket and walks off.
That is only in a film. But this is not a film and this is a genuine
case. The people who are shouting must realise that they must act in a
way to see that this girl’s life is saved. We will do our utmost to see
that this girl’s life is saved.
I know there are political elements specially led by two or three
people who wants to create problems in this country so Rizana’s position
is vulnerable. We must not make a mistake.
I am appealing to everybody not to play politics with Rizana’s life.
We are trying our best to get Rizana’s a pardon. That pardon has to be
obtained by following the law of that country which is the Shariya law.
Please stop shouting on the streets gain petty political advantages.
Some people even visit Rizana’s house in Muttur and now they are trying
to poision Rizana’s parents. I appeal to them not to stooop down to this
level. Let’s get together and try to save this girl’s life.
I just took Rizana’s case as an example just to show how far this
Government and the Ministry have gone to look into the affairs of
various people. We have our Safe Houses in a lot of countries. We look
after nearly 600 to 700 people.
The Government and the Foreign Employment Bureau are doing their
level best to attend to the problems that these people are faced with.
Q: Indonesia has stopped sending maids to Saudi and some other
countries. Are we also contemplating such steps?
A: Since the day I assumed duties at the Ministry, I have
always thought that we must stop sending housemaids to the Middle East.
My first step towards was to increase the minimum age from 18 to 21 for
house maids.
That was the first cabinet paper submitted by me. My aim is now to
increase the minimum age from 21 to 30 within the next three years. You
can’t do revolutionary changes at once.
Then the whole thing gets upset. We must do things. That gradual
increase of minimum age will bring about an automatic ban on housemaids
going to the Middle East. While pursuing the line of discouraging
housemaids, I am encouraging skilled, semi skilled and the professional
sector by going on job specific, company specific and country specific
training. I am now going to start training facilities and joint ventures
with any Government or private sector institution relating to these
three areas.
Q: There is evidence that many women workers have been
harassed abroad. What are action you taken to enhance worker welfare and
prevent such incidents?
A: Incidents of torture is on the decrease. Some of the
incidents that we have brought have been found where the employer in
that country is also at fault. But there are a fair amount of cases
where our employees are at fault.
We can’t point fingers at the employer.
We are taking every action if the employer is at fault and we have
taken action. But there are instances where our employees have brought
disrepute to Sri Lanka by violating laws of those countries. I feel
there is a well-planned and coordinated effort by some of the INGOs and
Opposition political groups to disrupt the foreign employment market as
it is the biggest foreign exchange earner.
While reporting and exposing true incidents, the media should also
take note that there are interested elements who wants to make up more
and more stories like ‘Channel 4’, to disrupt the highest foreign
exchange earner in this country.
Q: What are the programs you are doing to stop illegal
migration from Sri Lanka for overseas employment and seeking asylum? Are
you working in partnership with the International Organisation for
Migration in this regard?
A: It is not only our Ministry, the External Affairs Ministry
and the Labour Ministry are also very closely working with various
international organisations.
My Ministry is working very closely with the ILO and also the IMO in
Sri Lanka. So our part is very well played to help the ILO and the IMO
to minimise the problems that we have in human trafficking. I must also
say that the ILO and IMO are playing a coordinated part in this regard.
Q: We have around 1.5 million workers abroad. Is there any
possibility of granting voting rights to them?
A: This has been a demand made by them for a long time. I am
in the process of getting Cabinet sanction to appoint a committee
consisting of experts in this field so that they can study and observe
how foreign employees of other countries where they have got voting
rights. We have to wait for the report of this committee on how we can
give voting rights to the workers overseas.
Q: What action is being taken against errant job agencies like
the one which gave a false date of birth in the case of Rizana?
A: I have already suspended the job agency that gave a job to
Rizana. But the question of Rizana’s passport giving a false age is not
the fault of that job agency. Because the job agency does not go to the
passport office. The person who wants to go abroad goes to the Passport
office. When there is a forged age in a passport, the job agency is not
to blame.
When we talk about a forged age in a passport, the responsibility
lies not only with the job agent or the sub agent, it also lies with the
person who obtained a passport.
In the case of job agencies, I am following the method of two yellows
and one red, the football method. I will give two yellows for lenient
offences that is two warnings and one red.
I will directly give red if there are major issues and allegations. I
have also started a scheme to grade job agencies as gold, silver and
brown with effect from this year. So the people will know from next year
which job agency has black marks and which does not have.
This grading system will be done in abroad as well. The coordinating
job agents in those countries will also be graded similarly.
We have also started grading and black listing Sri Lankan employees
who get involved in illegal activities abroad. I am sure this sort of
system will help put agencies in the proper perspective.
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