Asia is making an excessive impact on global economy, as seen over the recent years.  Asia also experienced economic growth downturn with the global economic recession in 2008 and 2009. Various studies confirm that SMEs (Small to Medium Enterprises) are having the potential to enhance the productivity and increase the employment both nationally and globally.  Trade and Investment liberalization taking place in the Asian region, through many preferential trade agreements is providing the path for growing their business opportunities   across borders, which will in turn ensure improving competitiveness of SMEs and generating more and more jobs, leading to sustainable development of the region.  So it is of paramount importantance for policy makers to realize that creating the path for SMEs, is both financial and non-financial, for them to reach and remain in global value chain.

Fragmentation of production

Cross border production based on fragmentation theory is becoming ever popular in the SME’s space. Due to technology advancements, various stages of manufacturing process of a product could take place in many surrounding countries. As a result Intermediate goods may cross national borders many a time. For these transactions, It is utmost important to have increased efficiency and   reduced cost of cross border services. New Trade facilitation systems coming up as result of WTO TFA (World Trade Organization – Trade Facilitation Agreement) such as National Single Windows and Trade Information Portals, implemented in many countries that could add much value in these processes.

Through 1990s the global economy paved the way for the development of international production networks involving both developed and developing economies. As per the ADB study report, east and south east Asian production lines were determined by cost, quality and delivery. Global business models were visible with key topographies such as Global markets and commercializing, global sourcing, knowledge creation and innovation, outsourcing and subcontracting, advancement of information and communication technology   etc. Good examples were evident from Asian countries such Philippines, Singapore, Malaysia, China and South Korea, establishing machinery parts production lines and having Indonesia, Vietnam, Myanmar, Cambodia and Laos increasingly participating in the international production networks. This back ground is changing the production locations to a greater extent and has an affect on flow of FDIs (Foreign Direct Investments) as well.   Now it is evident that different companies located in different countries have undertaken various stages or value chain of a line of production.

 Challenges for SMEs

In developed or developing economies, SMEs are playing a crucial role by contributing to the economy; be it business numbers, export growth, employment generation, output growth and contribution to supply chain etc. The lack of availability of SME performance related data is making a cloudy situation for policy makers in implementing coherent policy measures. Rapidly changing market demand, lack of capacity in knowledge, innovation and creativity are directly affecting the progress of the SMEs. Furthermore, when compared with large multinationals, SMEs are going through excessive challenges such as lack of economies of scale, lack of resources such as finance, technology and skilled labour, market access limitations and shortage of R& D (Research And Development) expenses etc.

In the recent years the trading atmosphere such as global value chains and   information technology revolution are offering more and more opportunities for the SMEs to integrate and remain in the global economy. It is vital to note that, when compared with large organizations, SMEs are having flexibility and capacity to respond innovatively to changes required by the new market conditions. It has paved the way for some SMEs to dominate certain niche markets and stay continuously integrated with large multi nationals as their key partners. This scenario is evidently visible in the German economy by SMEs having over 75% of global market share of some specialized innovative products whilst contributing to a major share of trade surplus of the country. At same time there is greater opportunity for SMEs to be benefited on the input side of the production by having access to cost effective raw material & labour, technology and knowhow.  It is a proven fact that SMEs will have access to international market opportunities and be a part of Global Value Chain through outward FDIs, made by larger companies and SMEs being suppliers to those entities.

There are enough examples for SMEs participating directly in Global Value Chains as exporters. They export transitional goods or services which can be used as inputs of manufacturing processes of other countries. For example, Thailand SMEs are selling 16% of their exports as value added goods which could be used as inputs of manufacturing processes of other countries. Vietnam SME’s contribution in this aspect counts up to 26% when services are included. On the other hand there are situations that SMEs are giving higher contribution to exports by being suppliers to large exporters. Mexico is a good example where SMEs contribute only 15% of the total exports and by way of supplying to large export companies their contribution is as big as 30%.

Internal Factors

 Innovation

Innovation is bringing in wider market access for SMEs compared to non innovative entities. Through innovation SMEs can reach higher productivity, lessening of production costs which will make them much competitive. These innovations may range from production to marketing to branding which they may take the advantage of having clearly distinguished their products from the competitive products and secure larger market share and better access to international markets.

Use of Technology

Many SMEs are more inclined not to adapt latest technologies for their production processes, mainly due to the cost factor. It is a known fact that acquiring latest technologies may need upfront investments and additional efforts in reorganizing, which may be costly. Larger firms would have the capability and the capacity to go for emerging technologies that will ensure better returns. Comparatively larger corporations have better access to knowledge based capital and the SMEs would be at a disadvantage in this aspect too.

Management and Human Capital

SMEs are generally having a weaker managerial skills and the human capital also would not be as skilled as lager enterprises, resulting low level of productivity, wasteful use of labour, damaging production tools very often and wastage of raw material. In markets where skilled labour is scarce or expensive, SMEs may face eternal difficulties in their business process.

External Factors

Access Finance and related services

As discussed above, many internal factors such as innovation, adaption of emerging technologies and human capital issues that are disturbing SMEs, have irrupted from the fact, with lack of access to finance. This situation may lead to productivity and market access issues making the SMEs uncompetitive. Lending institutions also will have tougher assessing monitoring mechanism on SMEs, making it challenging for them to perform. Further trade financing instruments such as factoring, letter of credit, guarantees, export and credit insurance have become increasingly important to reduce the risk of cross border transaction of SMEs.

Access to information and Infrastructure.

In order to ensure SME’s existence in the global market, the availability of market information is critical. It is ranging from customer needs, regulatory requirements and standards to be complied etc. Furthermore lack of established foreign business contacts also would take the SMEs deep in to the issue. Geographic location of the SME and the distance to the trading partner is also a key criteria. Quality of the physical infrastructures such as roads, seaports, airports, availability facilities provided for cross border transactions namely single window operations and trade information portals will reduce the time taken for importing and exporting and make the SMEs businesses more effective. Availability of Information technology and telecommunication based infrastructure for trading activities may increase the market access of SMEs to a great extent.

Intellectual Property Rights of SMEs

Innovations of SMEs should be protected through Intellectual Property Rights. If the products could be easily copied or simulated, SME’s existence in business and continuation could be challenged. In most of the cases it is not viable for SMEs to safeguard their intellectual property interest in the international market due to the facts such as legal overheads, multiple fillings, technical and regulatory differences across different countries. If SMEs are well protected in this aspect, their business value, eligibility to reach external financing sources, ability to attract expert knowledge, sourcing business partnerships would be increased.

Digital Transformation of SMEs

The way of doing business keep on changing with the digital transformation. The cost and hindrance of internationalization is reduced drastically enabling SMEs to find markets, be connected with international production networks and pay online as well. Based on information technology developments, the facilities that could be offered not only for business connectivity but also in cross border trading activities will reduce the cost and time taken for the same. The world of e-commerce is taking the lead in trade transactions than ever before, having ever increasing transactions among entities such as,  B2B (Business to Business), B2G (Business to Government) and B2C (Business to Consumer).

SME Enabling Policies

As discussed above, in order to ensure SMEs are well connected with global market opportunities, the authorities always will have to introduce and maintain SME friendly policies. These policies may focus on encouraging innovation, increased competition, easy and cheaper access to inputs, lessening of red tape, reduction of tariff and nontariff barriers through preferential Trade Agreements etc. It is worth citing that regional and bilateral trade agreements should pave the way for SMEs to be meaningfully integrated with global value chains.

Many SME related studies done by experts reveal that SME policies should further encourage service sector entrepreneurship such as transport, logistics, telecommunications and professional sectors, which are instrumental in developing other business sectors.

Upgrading of technology, innovation focused R&D, availability of working capital to finance exports, readiness of stable credit market and other financial instruments are also considered key aspects of policy level support. Further, simpler, efficient and straight forward cross border transaction facilitation system would definitely decrease the cost of import and export, reduce the  necessities of holding large input inventories of manufacturing processes, and  thereby reduce the working capital. Training and skills development focused policies are also utmost important for the development of SMEs. Policy makers are expected to support local innovation and encourage investments in innovations, propagate industry and university partnerships with the intension of surfacing best technology for the industries. Further it should promote partnerships among SMEs both local and international with the focus of absorbing more technology, better market opportunities and address economies of scale problems. Enabling SMEs to gain benefits of digital trade revaluation is always advantageous  for economies at all times.

By Bandula Dissanayake

Reference: OECD and ADB information

පසුගිය දා අන්තරජාලය පුරා පක්ශාත් භාගය එලියේ දාමාගෙන වීරයන් සේ රගපෑ තරුණ රැල සතියකට රිමාන්ඩ් කර ඇති බව අද දැනගන්නට ඇත. එම තරුණයන් පවසන අන්දමට ඔවුන් සුදු ජාතික තරුණියන් පිරිසක් කල Challange එකක් අනුව පිදුරංගල විහාරයේ කන්ද මත ඔවුන් එසේ නිරුවත්ව ඡායාරූපයට පෙනී සිට ඇත. හුදෙක් එක් සිද්දියක් මත මෙය කියවා ගැනීමට වඩා මෙහි මූල බීජය තේරුම් ගත යුතුය.

මුලින්ම කිව යුතු කරුණ නම් රචකයා කිසි දිනෙක නවීකරණයට (Modernisation) විරුද්ද නැත. විරුද්ද වන්නේ අනවශ්‍ය බටහිරකරණයට (Westernisation). කිසිම දිනෙක කිසිම රටක් බටහිරෙන් එන සියල්ල බැහැර කල යුතු නැත. නමුත් අත්‍යාවශ්‍ය කාරණය තමන්ගේ ගැලපීම් කියවා ගැනීමය. ඔතන දී රටක් වශයෙන් අපි දැවැන්ත ලෙස ෆේල් (Fail) ය. යටත් විජිතවාදීන්ගෙන් අප ලැබූ දෙයට වඩා නැති කරගත් දේ බොහෝය. එනමුත් ලෝකය යන දිශානතිය අනුව අප ද රටක් වශයෙන් ගමන් කල යුතුය. එය කෙසේ වෙතත් සුද්දියෙක් කියූ පලියට පූජා භූමියක් තුල නිරුවස්තරෙන් පින්තූර ගෙන අන්තර්ජාලයට මුදා හැරීම නොවේ. අප සතු අනන්‍යවූ සංස්කෘතික අගයන් අපට වඩා බටහිර සාමන්‍ය ජනයා අගය කරන බව නොරහසකි. එම කැමැත්තම බහුජාතික සමාගම් හරහා වන ව්‍යාප්තවාදයට තර්ජනයකි. සුද්දි ගල උඩ කරන නිරුවත් Challenge එකත්, මුදල් ඇමති කාදිනල් තුමාට පහර දෙන්නේ ද, චන්ද්‍රිකා නෝනාගේ සංහිදියා කාර්යාලයෙන් නිපදවන “නිරුවස්ත්‍රං සරණං ගච්ඡාමි” නාට්‍ය හරහා ද ඇත්තේ එම ව්‍යාප්තවාදීන් සංස්කෘතික මර්දනයට දියත් කල ව්‍යාපෘතිය.

සුද්දන් ගේ challenge සියල්ල අප අත්හල යුතු නැත. අනිවාර්යයෙන් භාරගත යුතුය. ඒවා අපට ගැලපෙන challenge  විය යුතුය. අද වන විටත් නාසා ආයතනය තුල සැලකිය යුතු ශ්‍රී ලාංකිකයන් ප්‍රමාණයක් සේවය කරයි. එමෙන්ම එංගලන්තයේ තිබෙන ලොව විශාලතම කොටස් වෙලදපලවල් වලින් එකක් වන ලන්ඩන් කොටස් වෙලදපල ක්‍රියාත්මක වන්නේ ද ශ්‍රී ලාංකික සමාගමක් නිපදවූ මෘදුකාංගයක් මගිනි. ලොව ධනවත්ම පුද්ගලයා වන ජෙෆ් බෙසූස් පවසන්නේ ඔහු ප්‍රින්ස්ටන් විශ්ව විද්‍යාලයේ අධ්‍යාපනය ලබන කාලයේ දී ඔහුට හදුනාගන්නට ලැබුනු බුද්ධිමත්ම පුද්ගලයා ශ්‍රී ලාංකික ජාතික යසන්ත රාජකරුණානායක බවය. (https://www.youtube.com/watch?v=24tR8wx5Mng) අන්න සුද්දා දෙන Challange භාරගන්නා ආකාරයය. ඒවා ජය ගන්නා ආකාරයය.

ශ්‍රී ලාංකිකයන් වශයෙන් අප පිටින් එන හැම කුණු ගොඩම ඔලුව උඩින් බදා නොගත යුතුය. අපට රටක් වශයෙන් ඉදිරියට යන්න නම් එම චින්තනය අප නහර වලටම කාවද්දා ගත යුතුය. අද වන විට සමාජය මෙතරම් ජරාජීර්ණ වූයේ 77 දී වක්කඩ කඩන්නක් මෙන් ලෝකයට රට විවර කල නිසාය. එම විවරණයට රට ද සමාජය ද එවකට සූදානම්ව සිටියේ නැත. ඉන්දියාව එකදාස් නවසිය අනූගණන් වෙනකන් රටේ ආර්ථිකය විවෘත කලේ නැත්තේ ඔන්න ඔය කාරණය නිසාමය. එම පරික්ශාකාරී පිලිවෙත නිසා ඉන්දීය සමාජය මෙන්ම රටේ ව්‍යාපාරිකයන් ද පිටින් එන බලපෑම් වලට හොදින් සන්නද්ධ වී සිටියේය. එමන්ම විවෘත කිරීම සිදු වූයේ ඉන්දියාවට ගැලපුන ආකාරටය. ලෝකයට ඕනෑ ආකාරයට නොවේ.

ඉන්දියාවේ ආර්ථික පරිවර්තනයේ නිර්මාතෘ ආචාර්ය මන්මෝහන් සිං පිටින් එන දේ නියාමනය විය යුතු ආකාරය ගැන කියමන “මයික්‍රෝ චිප්ස් YES, පොටෑටො චිප්ස් NO”,  ඉන්දියාව පරිස්සම් වූ ආකාරය ගැන කදිම නිදසුනකි.

දමිත වික්‍රමසිංහ

MBA(UK) / BSC(AUS)

Wake up child, my dear from the deep

Drunken sleep,

Where dreams never come true

Neither happiness nor joy lie there.

Evils disguised as fairies

Sweet notes from their talkative mouths

Claim as true leaders and hairs

Of golden land of this

Everywhere foreboding lies,

Fairies raise their pleading hands

To the western skies

With welcome notes

Treason and conspiracy

Non-compromises of intellectuals

Divisions of the majority

To defeat the rivals

The land curses

Not for your laziness,

But for the bloody sacrifices

Of your ancestors

Gamini, Kitti, Sapumal and so on…

Then, wake up child my dear from the deep drunken sleep

To shoulder and generate historical turning point.

Be not delay

If not, lamenting for ever

Remember, still you are under

The blessing of the tree which stands majestically

Leave not. Pass not.

For the generation next

The golden sward seeks your mighty fist

To dismember every evil root.

S N Jayatissa   

I’m writing this for most of my friends who are engaging in corporate world in various angles. Immaterial to the nature of the business you are in, the responsibilities are holding in hands, the number of brands you are handling, the amount of assets you responsible on or anything in your business world… day in and day out you shuffle your mind to get the maximum results. You may be holding a most responsible position as a CEO, CMO, COO, CFO, MD, CTO or whoever in your business… BUT, have you ever though or identified that your mind as the driving force or fuel in your business while working with your team. Most logically you may be not.

This is the reason I thought of sharing my experience with you which I have gained by practicing this simple and toughest exercise. Why did I say this is Simple and Toughest? This is very simple and easy to say but very difficult to practice since we have to work with our uncontrollable and untamed mind. I love to talk about this behavioral science since I’m experiencing the real happiness in my life as a practitioner as well as a facilitator for beginners in this country.

I cannot say that I have achieved 100% knowing that the spiritual parameters of measuring this is far ahead to reach with my effort!!!! I know that I have Lot more to do and much far to go… BUT, the little effort I have taken in my life to understand this philosophy and with genuine practical inputs for my life, made significant change in my day to day behavior in both personal and business. So, I do believe in improving this or be being more mindful in daily routine. Very little change in to my daily cycle by adding 30mnts to 1 hour mindfulness exercise brought me the real different in my thinking as well as behavioral science.

How mindfulness will help you?

Mindfulness improves productivity of your own effort and also the productivity of your social connections. Behavioral changes send the positive vibes to the environment and in return receiving the same positive values based on the law of attraction.

I want to ask a simple question to take a start for this discussion. Are you a Mind Full Leader OR Mindful Leader???

We most of the time show up with Mind Full behavior and very less with Mindful behavior. I do not see this as your fault, because you and I both live in this dynamically moving world. All our six sensory organs eyes, ears, tongue, skin, nose and mind continuously connected with never ending environmental waves. All this make our mind full with things that we need or irrelevant. Behavior of our mind as an untamed animal, trying to connect with each and every stimulus receive through the six sensory organs. This is making our mind full with many things. The effort of mindfulness is to get rid of all these and connect the mind with the present moment to get the maximum output or improve the productivity of what he/she is doing at the present moment.

I would like to deliver one important message with this.

You all get experience from the past to plan for your future… BUT, if your mind is not at the present moment or if you are not mindful with your planning, your planning for future will be a failure since this moment is the starting point for your future.

Good Luck

Mahesh Weeratunge

Snr. Lecturer & Examiner – SLIM, Mindfulness Facilitator, Corporate Trainer for Brand Development, Marketing and Sales Management, Chief Marketing Officer – Soltioncity (Pvt) Ltd.,

A PLEA TO ALL CONCERNED TO FOLLOW THE RULE OF LAW

Authority and the Procedure of amending the constitution

In our view Parliament should not be bypassed even with the consent of Parliament itself for the purpose of bringing in a new Constitution.
An improperly motivated act even if done through proper means will never give a wholesome result. Similarly, an act though claimed to be done with proper motives, if carried out by improper means would still give the same unwholesome result.
Thus the motive and the means to achieve the end both have to be proper when creating a new Constitution. Though one may argue that the motives are not visible and therefore have to be taken at face value, the means cannot be justified in that manner since they are specified in our Constitution for all to see.
The  many friends this Country never had when there was an actual  need (during the period this Country was held to ransom by Terrorists) cannot claim to have ” moral ” authority to preach to us that we aught to violate our own Constitutional provisions since they were the most vociferous in insisting that we strictly follow the Rule of Law.
In terms of our Constitution, which is the Supreme Law of this Country, “Parliament shall not abdicate or in any manner alienate its legislative power, and shall not set up any authority with legislative power. “Vide. Article 76.(exemptions are provided for with regard to public security and for subsidiary legislation which are not relevant for Constitutional making)
Legislative power includes adding , amending or repealing any provision of the Constitution. However, Parliament cannot suspend the operation of the Constitution. But it can bring a law to repeal the whole Constitution provided the same law enacts a new Constitution to replace it (Vide. Article 75.
The manner in which amendments (including additions and repealing) should be done is provided in Chapter XII of the Constitution. Due to its importance when following the ” Rule of Law” for the purpose of enacting a new Constitution the entire chapter is reproduced below.

“AMENDMENT OF THE CONSTITUTION

82. (1) No Bill for the amendment of any provision of the Constitution shall be placed on the Order Paper of Parliament, unless the provision to be repealed, altered or added, and consequential amendments, if any, are expressly specified in the Bill and is described in the long title thereof as being an Act for the amendment of the Constitution.
(2) No Bill for the repeal of the Constitution shall be placed on the Order Paper of Parliament unless the Bill contains provisions replacing the Constitution and is described in the long title thereof as being an Act for the repeal and replacement of the Constitution.
(3) If in the opinion of the Speaker, a Bill does not comply with the requirements of paragraph (1) or paragraph (2) of this Article, he shall direct that such Bill be not proceeded with unless it is amended so as to comply with those requirements.
(4) Notwithstanding anything in the preceding provisions of this Article, it shall be lawful for a Bill which complies with the requirements of paragraph (1) or paragraph (2) of this Article to be amended by Parliament provided that the Bill as so amended shall comply with those requirements.
(5) A Bill for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present) and upon a certificate by the President or the Speaker, as the case may be, being endorsed thereon in accordance with the provisions of Article 80 or 79.
(6) No provision in any law shall, or shall be deemed to, amend, repeal or replace the Constitution or any provision thereof, or be so interpreted or construed, unless enacted in accordance with the requirements of the preceding provisions of this Article.
(7) In this Chapter, “amendment” includes repeal, alteration and addition.
83. Notwithstanding anything to the contrary in the provisions of Article 82 –
(a) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11 or of this Article; and
(b) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 30 or of, paragraph (2) of Article 62 which would extend the term of office of the President, or the duration of Parliament, as the case may be, to over six years, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present), is approved by the People at a Referendum and a certificate is endorsed thereon by the President in accordance with Article 80.
84. (1) A Bill which is not for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution, but which is inconsistent with any provision of the Constitution may be placed on the Order paper of Parliament without complying with the requirements of paragraph (1) or paragraph (2) of Article 82.
(2) Where the Cabinet of Ministers has certified that a Bill is intended to be passed by the special majority required by this Article or where the Supreme Court has determined that a Bill requires to be passed by such special majority, such Bill shall become law only if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present) and a certificate by the President or the Speaker, as the case may be, is endorsed thereon in accordance with the provisions of Article 80 or 79.
(3) Such a Bill when enacted into law shall not, and shall not be deemed to, amend, repeal or replace the Constitution or any provision thereof, and shall not be so interpreted or construed, and may thereafter be repealed by a majority of the votes of the Members present and voting.”

Unless the correct procedure is followed any amendment will be invalid.

From the above  it can be seen that the only method of enacting a new Constitution without violating the “Rule of Law” would be by bringing a Bill containing the entire proposed ( new) Constitution. (Vide Article 82(2) above). In fact unless it is done in that manner it will not be considered valid Law (Vide. Article 82(6) above).

Sovereignty of people and the consequence of violation of the same

Any conspiracy to bypass Parliament in Constitutional making would also amount to an attempt to deprive the people of Sri Lanka of their Sovereignty.
The legislative power of bringing in a new Constitution is part of the Sovereignty of the people which shall only be exercised by Parliament(Vide. Article 4(a) of the Constitution)
Section 115 of our Penal Code states inter alia, ” whoever conspires to deprive  the people of the Republic of Sri Lanka of their Sovereignty shall be punished with imprisonment of either description which may extend to twenty years…”

Thus it should be clear, to follow the Constitution when bringing in a new Constitution should not only be for the purpose of following the ” Rule of Law” but to give the new Constitution validity and for Parliamentarians to avoid being imprisoned by not being a part of any conspiracy to abdicate their legislative powers exercised on behalf of the people.
Since there is currently a discussion of replacing the entire Constitution, assuming that the calls for the implementation of the ” Rule of Law” by ” Civil Society Activists”, “International Community (that does not respect this Country’s Sovereignty)”and their fellow travelers in the recent past was a genuine call, it is hoped they would join hands with us when we call upon our legislators not to violate our Constitution.

Lack of trust on the Prime Minister who spearheads the proposed amendments

Unfortunately, the people of this Country would find it difficult to trust the incumbent Prime Minister on his genuineness and suitability to spearhead the amendment/new constitution given his past record.
The obvious example that comes to any body’s mind would be the infamous CFA which he signed violating the very same Constitution he voted for as a member of parliament in 1978.
In his previous term as Prime Minister in2002  bypassing the elected head of State, he signed this agreement with a terrorist organization headed by a convicted criminal compromising the sovereignty, defense, & security of the Country.This act in our view amounts to Treason.
Though subsequently  with a change of Government  terrorism was overcome and National security preserved,  the cost was that much more due to the benefits derived by the terrorists and their supporters by the CFA.In fact much of our present day predicament is due to this unwarranted recognition given to a band of terrorists and their supporters.

Fate of previous new constitutions and amendments

Any procedure which seeks to bypass the established norms and procedure as per the Constitution for the purpose of creating a new constitution or amending it , without people feeling that they are  part of it will result in opposition and continued criticism of the final product.
Even though the 1978 constitution may have been passed legally, the drastic changes in the structure of the  Constitution were never debated among the people. The result is even those who were part of the making and approving process now criticize the very same and want to change it!

The 13th amendment was imposed on us in the background of the ill conceived Indo-Lanka accord notwithstanding the opposition of the majority in this country. To date the opposition to the 13th amendment continues and if a referendum is taken on this today one will see the true picture.

The same fate was experienced by the 18th amendment which was passed in the parliament legally but never tested for acceptance by   the public.
Therefore if any more amendments/or a new constitution is made without the content being first put forward to the public for discussion with wide participation and inclusiveness of the people, another set of problems and a long drawn resistance would be the result.

The correct way of obtaining the peoples mandate

The correct way of bringing amendments and seeking the peoples mandate is stipulated in the Constitution. There should be an opportunity for people to take their concerns to the Supreme Court and debate them adequately.

The commission that went around may have collected ideas.However, even ideas of certain people who made written representations have not been produced by the commission as an appendix.Thus  ideas not to the liking of the commissioners have obviously been left out.
Thus their report or new reports or suggestions that the commission may subsequently produce CANNOT BE CONSIDRED AS CONSENSUS OPINION OF THE PEOPLE OF THIS COUNTRY.
Unless each separate amendment is taken separately through the correct process through Parliament and  tested at a referendum such will lack both moral and legal authority.

Therefore Citizens must express and continue to express our views in public and protest against any deviation in the process of making a new constitution/amendments or inclusion of any clauses which could harm the national interest.

Our Suggestions on concepts  and the content of  amendments or a new Constitution.

As  to the content of any proposed amendment (provided it is done within the Law as aforesaid) we would insist that our legislators stick to at least the basic safeguards of the Unitary character of our State, Sovereignty  not to be alienated from the Parliament and the President( or any future head of State in any other  form) and the protection of our National culture by genuinely affording protection to our Buddhist way of life.

With the above basic safeguards in place, any amendment which enhances quality of life of our Citizens, while constantly protecting our National interest may be carried out.
Any amendment which seeks to achieve what the terrorists and their supporters sought to achieve through violence but failed , but is now being  proposed by those who claimed that the LTTE were their sole representatives should not be considered.
This is based on the following moral and legal argument.
a) Successive Governments offered negotiated settlements of whatever grievances that were claimed to have existed.
b) These were all rejected by their sole representative the LTTE who wanted a “solution” by separation of the Country based on military strength.
c) This attempt by the LTTE was defeated militarily by the Democratically elected Government of this Country.
d) Those who sought a final “solution” in that manner have no moral or legal right to renegotiate after such a defeat. If a precedent from a source that is close to the heart of the present Government is required, the imposition of a Constitution by America on Japan after the 2nd World war may be cited.
e) The collaborators of the Natzi’s were not permitted to negotiate after the Natzi defeat.
We suggest that entrenched clauses be incorporated to the Constitution vis-a-vis the LTTE and their supporters that  are similar to those which are still in place against the Natzis in Europe.

Professionals with  National interest at heart should form a committee and draft an entire new Constitution based on the above basic principles and  submit  to all our legislators for their consideration in due course.

Samantha Ratwatte

HOW TO DESIGN A FIRE ALARM SYSTEM

When designing a fire alarm system to protect your building, there are many factors which you should take into consideration. Unfortunately, if you want a reliable and safe system, mere compliance with the legal requirements may not be enough. To make sure your building is protected, you should determine the primary purpose of the fire alarm while considering all the features of your building. How many people are working in it simultaneously? Is it a listed building or a modern office block or a Warehouse or an Industrial Facility? And, finally, what do you want to achieve? High cost-effectiveness or convenience in monitoring the building? Depending on your needs, there are different types of fire alarm systems that you can select.

Conventional Fire Alarm System

This traditional system is the most common choice, especially among residential clients and small business owners. It’s suitable to cover small areas such as private homes, restaurants and shops. Unfortunately, the conventional system is unable to show you the exact location of fire. That’s why it’s suitable to cover mostly small areas such as private homes, restaurants and shops. Bigger buildings can be divided into zones (for example, the first floor could be one zone, etc.) giving you a general idea of the fire location. Keep in mind, though, that a device covering each area requires a separate wire, which can increase installation costs in bigger buildings.

Despite its simplicity, conventional fire alarm systems are highly reliable. They are also affordable and cost effective, especially in small buildings, in which one or two zones are enough to cover the whole area.

Addressable System

This fire alarm system is more sophisticated compared to its conventional counterpart. Instead of a separate wire for each device, all of them are connected to the main control panel using a loop. This lowers the installation cost down, especially in large buildings. Additionally, it’s easy to find the exact location of fire as each device has its unique address in the system.

Addressable systems are quite easy to maintain because both technical condition of the system and all the alarms can be monitored using a convenient management panel. The system is also fully programmable what together with a loop wiring makes it easy to connect a new device, what’s especially important if you plan on redesigning the building in the future.

Although the initial cost of this system is higher than that of a conventional one, it’s much easier to install and is a perfect choice for large, multi-storey buildings.

Wireless fire alarm system

In this system, all devices are communicating wirelessly; no wiring in the building is required. This makes it an excellent choice for listed buildings, in which installing wires may require special permission. Similarly, those who value flexibility (location of each device can be changed easily) or simply do not want to make extensive installations will find this system a perfect fire protection.

Their high initial cost quickly offsets as there’s no need to run the cables, what allows saving on labour, time and potential damage to the building during the installation. Even though the system is battery-powered, it is highly reliable, and there’s no risk of signal collisions as it is designed to eliminate any signal interference.

What else is important?

Apart from technical specifications unique to each system, there are a few factors which are similarly important regardless of your selection. The first important factor is the speed in which the system reacts to fire outbreak. In the case of fire, every second counts and allows for evacuation of people. The earlier a fire is detected, the easier it will be to extinguish it, minimizing the damage.

Another problem that affects many fire alarm systems are false alarms. Check if the devices in the system of your choice are reliable enough to distinguish between dirt, steam, and the actual smoke easily. The fines imposed for each false alarm may exceed the initial savings on the chosen system; that’s why you should make sure that you select quality devices only and most importantly Listed and Approved by the Third Party Certification bodies for the purpose. Moreover, each false alarm forces people to stop working and leave the building.

Similarly, it is extremely important to consider the detection devices suitable to the particular environment conditions prevailing in the building and the ceiling or roof height where those are going to be installed to prevent false alarms as well as “faulty” conditions in the panel connected therewith and ineffectiveness respectively.

Last but not least – make sure that all of the occupants in the building can hear the alarm. If there are many people inside it, it’s a good idea to choose a fire alarm system which allows you to communicate with those leaving the building, to keep the evacuation process as smooth as possible.

Further, the effectiveness of a fire detection system specifically by large facilities or spread out operations can be enhanced by monitoring the central fire alarm panels within the facility and connecting it to a remote monitoring station manage by General Headquarters of Fire Prevention on 24 hour basis for quick attendance by Public Fire Brigade.

Designing a fire alarm system that perfectly suits your building is not an easy task and can be quite costly. Despite the initial expense, you should never try to save money on your safety and the safety of others. The installation and maintenance costs of a quality system are very low compared to potential losses caused by the actual fire, and the cost can be highly optimized if you design the system with your building and its occupants in mind.

Written by:

 Nimal Tissa Wijetunga

• Fellow of Institute of Fire Engineers, UK. (FIFireE)
• Professional Member of Society of Fire Engineers, USA.(MSFPE)
• Member of the Institution of Risk Management, UK.(MIRM)
• Certified Fire Protection Specialist, National Fire Protection Association, USA.(CFPS)

(The author of this Article has over 25 years hands on experience and exposure on Risk Engineering, Fire Engineering and Health & Safety to all occupations such as road side shops, High Rise Buildings, Warehouses, Distribution Centers, Logistic Facilities, Industrial, Oil & Gas Facilities etc. through Insurance Companies, Fire Safety Consultancies and the Construction Industry Internationally and recent times in Sri Lanka. 

Authority and the Procedure of amending the constitution

In our view Parliament should not be bypassed even with the consent of Parliament itself for the purpose of bringing in a new Constitution.

An improperly motivated act even if done through proper means will never give a wholesome result. Similarly, an act though claimed to be done with proper motives, if carried out by improper means would still give the same unwholesome result.

Thus the motive and the means to achieve the end both have to be proper when creating a new Constitution. Though one may argue that the motives are not visible and therefore have to be taken at face value, the means cannot be justified in that manner since they are specified in our Constitution for all to see.

The  many friends this Country never had when there was an actual  need (during the period this Country was held to ransom by Terrorists) cannot claim to have ” moral ” authority to preach to us that we aught to violate our own Constitutional provisions since they were the most vociferous in insisting that we strictly follow the Rule of Law.
In terms of our Constitution, which is the Supreme Law of this Country, “Parliament shall not abdicate or in any manner alienate its legislative power, and shall not set up any authority with legislative power. “Vide. Article 76.(exemptions are provided for with regard to public security and for subsidiary legislation which are not relevant for Constitutional making)

Legislative power includes adding , amending or repealing any provision of the Constitution. However, Parliament cannot suspend the operation of the Constitution. But it can bring a law to repeal the whole Constitution provided the same law enacts a new Constitution to replace it (Vide. Article 75.
The manner in which amendments (including additions and repealing) should be done is provided in Chapter XII of the Constitution. Due to its importance when following the ” Rule of Law” for the purpose of enacting a new Constitution the entire chapter is reproduced below.

Amendment of the Constitution

82. (1) No Bill for the amendment of any provision of the Constitution shall be placed on the Order Paper of Parliament, unless the provision to be repealed, altered or added, and consequential amendments, if any, are expressly specified in the Bill and is described in the long title thereof as being an Act for the amendment of the Constitution.

(2) No Bill for the repeal of the Constitution shall be placed on the Order Paper of Parliament unless the Bill contains provisions replacing the Constitution and is described in the long title thereof as being an Act for the repeal and replacement of the Constitution.

(3) If in the opinion of the Speaker, a Bill does not comply with the requirements of paragraph (1) or paragraph (2) of this Article, he shall direct that such Bill be not proceeded with unless it is amended so as to comply with those requirements.

(4) Notwithstanding anything in the preceding provisions of this Article, it shall be lawful for a Bill which complies with the requirements of paragraph (1) or paragraph (2) of this Article to be amended by Parliament provided that the Bill as so amended shall comply with those requirements.

(5) A Bill for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present) and upon a certificate by the President or the Speaker, as the case may be, being endorsed thereon in accordance with the provisions of Article 80 or 79.

(6) No provision in any law shall, or shall be deemed to, amend, repeal or replace the Constitution or any provision thereof, or be so interpreted or construed, unless enacted in accordance with the requirements of the preceding provisions of this Article.

(7) In this Chapter, “amendment” includes repeal, alteration and addition.
83. Notwithstanding anything to the contrary in the provisions of Article 82 –
(a) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11 or of this Article; and
(b) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 30 or of, paragraph (2) of Article 62 which would extend the term of office of the President, or the duration of Parliament, as the case may be, to over six years, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present), is approved by the People at a Referendum and a certificate is endorsed thereon by the President in accordance with Article 80.
84. (1) A Bill which is not for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution, but which is inconsistent with any provision of the Constitution may be placed on the Order paper of Parliament without complying with the requirements of paragraph (1) or paragraph (2) of Article 82.
(2) Where the Cabinet of Ministers has certified that a Bill is intended to be passed by the special majority required by this Article or where the Supreme Court has determined that a Bill requires to be passed by such special majority, such Bill shall become law only if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present) and a certificate by the President or the Speaker, as the case may be, is endorsed thereon in accordance with the provisions of Article 80 or 79.
(3) Such a Bill when enacted into law shall not, and shall not be deemed to, amend, repeal or replace the Constitution or any provision thereof, and shall not be so interpreted or construed, and may thereafter be repealed by a majority of the votes of the Members present and voting.”

Unless the correct procedure is followed any amendment will be invalid.

From the above  it can be seen that the only method of enacting a new Constitution without violating the “Rule of Law” would be by bringing a Bill containing the entire proposed ( new) Constitution. (Vide Article 82(2) above). In fact unless it is done in that manner it will not be considered valid Law (Vide. Article 82(6) above).

Sovereignty of people and the consequence of violation of the same

Any conspiracy to bypass Parliament in Constitutional making would also amount to an attempt to deprive the people of Sri Lanka of their Sovereignty.

The legislative power of bringing in a new Constitution is part of the Sovereignty of the people which shall only be exercised by Parliament(Vide. Article 4(a) of the Constitution)

Section 115 of our Penal Code states inter alia, ” whoever conspires to deprive  the people of the Republic of Sri Lanka of their Sovereignty shall be punished with imprisonment of either description which may extend to twenty years…”

Thus it should be clear, to follow the Constitution when bringing in a new Constitution should not only be for the purpose of following the ” Rule of Law” but to give the new Constitution validity and for Parliamentarians to avoid being imprisoned by not being a part of any conspiracy to abdicate their legislative powers exercised on behalf of the people.

Since there is currently a discussion of replacing the entire Constitution, assuming that the calls for the implementation of the ” Rule of Law” by ” Civil Society Activists”, “International Community (that does not respect this Country’s Sovereignty)”and their fellow travelers in the recent past was a genuine call, it is hoped they would join hands with us when we call upon our legislators not to violate our Constitution.

Lack of trust on the Prime Minister who spearheads the proposed amendments

Unfortunately, the people of this Country would find it difficult to trust the incumbent Prime Minister on his genuineness and suitability to spearhead the amendment/new constitution given his past record.
The obvious example that comes to any body’s mind would be the infamous CFA which he signed violating the very same Constitution he voted for as a member of parliament in 1978.

In his previous term as Prime Minister in2002  bypassing the elected head of State, he signed this agreement with a terrorist organization headed by a convicted criminal compromising the sovereignty, defense, & security of the Country.This act in our view amounts to Treason.

Though subsequently  with a change of Government  terrorism was overcome and National security preserved,  the cost was that much more due to the benefits derived by the terrorists and their supporters by the CFA.In fact much of our present day predicament is due to this unwarranted recognition given to a band of terrorists and their supporters.

Fate of previous new constitutions and amendments

Any procedure which seeks to bypass the established norms and procedure as per the Constitution for the purpose of creating a new constitution or amending it , without people feeling that they are  part of it will result in opposition and continued criticism of the final product.

Even though the 1978 constitution may have been passed legally, the drastic changes in the structure of the  Constitution were never debated among the people. The result is even those who were part of the making and approving process now criticize the very same and want to change it!

The 13th amendment was imposed on us in the background of the ill conceived Indo-Lanka accord notwithstanding the opposition of the majority in this country. To date the opposition to the 13th amendment continues and if a referendum is taken on this today one will see the true picture.

The same fate was experienced by the 18th amendment which was passed in the parliament legally but never tested for acceptance by   the public.
Therefore if any more amendments/or a new constitution is made without the content being first put forward to the public for discussion with wide participation and inclusiveness of the people, another set of problems and a long drawn resistance would be the result.

The correct way of obtaining the peoples mandate

The correct way of bringing amendments and seeking the peoples mandate is stipulated in the Constitution. There should be an opportunity for people to take their concerns to the Supreme Court and debate them adequately.

The commission that went around may have collected ideas.However, even ideas of certain people who made written representations have not been produced by the commission as an appendix.Thus  ideas not to the liking of the commissioners have obviously been left out.

Thus their report or new reports or suggestions that the commission may subsequently produce CANNOT BE CONSIDRED AS CONSENSUS OPINION OF THE PEOPLE OF THIS COUNTRY.
Unless each separate amendment is taken separately through the correct process through Parliament and  tested at a referendum such will lack both moral and legal authority.

Therefore Citizens must express and continue to express our views in public and protest against any deviation in the process of making a new constitution/amendments or inclusion of any clauses which could harm the national interest.

Our Suggestions on concepts  and the content of  amendments or a new Constitution.

As  to the content of any proposed amendment (provided it is done within the Law as aforesaid) we would insist that our legislators stick to at least the basic safeguards of the Unitary character of our State, Sovereignty  not to be alienated from the Parliament and the President( or any future head of State in any other  form) and the protection of our National culture by genuinely affording protection to our Buddhist way of life.

With the above basic safeguards in place, any amendment which enhances quality of life of our Citizens, while constantly protecting our National interest may be carried out.
Any amendment which seeks to achieve what the terrorists and their supporters sought to achieve through violence but failed , but is now being  proposed by those who claimed that the LTTE were their sole representatives should not be considered.

This is based on the following moral and legal argument.
a) Successive Governments offered negotiated settlements of whatever grievances that were claimed to have existed.
b) These were all rejected by their sole representative the LTTE who wanted a “solution” by separation of the Country based on military strength.
c) This attempt by the LTTE was defeated militarily by the Democratically elected Government of this Country.
d) Those who sought a final “solution” in that manner have no moral or legal right to renegotiate after such a defeat. If a precedent from a source that is close to the heart of the present Government is required, the imposition of a Constitution by America on Japan after the 2nd World war may be cited.
e) The collaborators of the Natzi’s were not permitted to negotiate after the Natzi defeat.
We suggest that entrenched clauses be incorporated to the Constitution vis-a-vis the LTTE and their supporters that  are similar to those which are still in place against the Natzis in Europe.

Professionals with  National interest at heart should form a committee and draft an entire new Constitution based on the above basic principles and  submit  to all our legislators for their consideration in due course.

– Samantha Ratwatte

DISASTERS OF FIRE INCIDENTS – ARE WE READY?

Recent fire disasters in the world have interestingly occurred primarily in developed countries that abide by Fire Engineering rules and regulations known as “Codes, Standards, Data Sheets” or “Engineering Standards”. These rules and regulations are statutory documents and offenders found in breach can be prosecuted.

The set of above mentioned rules and regulations prescribe “Minimum Mandatory Requirements” against fire destruction of life and properties. Despite these existing standards, there have been many disastrous fire incidents recently, such as the incident at Grenfell Tower, which aroused great interest mainly due to its location in West London. This fire disaster created huge property destruction and carried an extremely high fatality rate, despite the United Kingdom being a world leader in Fire Prevention standards. More so, it is even more shocking for such an event to occur in the 21^st century; a time when the United Kingdom views itself as a pioneer in advances in science, technology and engineering in fire prevention.

Before exploring details of recent fire disasters worldwide, it is important to provide a general overview of Fire Engineering.

Fire Engineering

Fire Engineering is a relatively new discipline amongst other classical engineering disciplines such as Civil, Electrical, Mechanical and Chemical. It applies technological, engineering and scientific findings developed through research on Fire Inception and Propagation by case studies, full scale fire testing and statistics. These aim to confine fire incidents to the smallest possible area, thus improving safety, reducing fatalities and minimising property losses.

Major Recent Fire Incidents

1. Grenfell Tower

Location: West London, UK

Date of incident: 14^th June 2017

Height: 67.3 metres/220 feet

No. of floors: 29

No. of apartments: 120

No. of fatalities: 80

No. of injured: 70

2. The Address Hotel/Apartments

Location: Downtown Dubai, United Arab Emirates

Date of incident: 31^st December 2015

No. of fatalities: 1

No. of injured: 20

3. Torch Tower

Location: Dubai Marina, United Arab Emirates

Date of incident: 21^st February 2015 & 5^th August 2017

Height: 337 metres/1110 feet

No. of floors: 87

No. of apartments: 676

No. of fatalities: Nil

No. of injured: 10

4. Shanghai Apartment Block

Location: Shanghai, Peoples’ Republic of China

Date of incident: 15^th November 2010

Height: Not known.

No. of floors: 28

No. of apartments: 125

No. of fatalities: 58

No. of injured: 70

5. Warehouse Building

Location: Fairfield, South Baltimore, USA

Date of incident: 25th September 2017

Floor area: 94,000 sq. feet / 9500 sq. metres

Goods stored: Goods fashioned from plastics

6. Warehouse Building

Location: St. Louis, USA.

Date of incident: 15^th November 2017

Area; app. 10,000 sq. meters.
Goods stored: Medical items and records in cardboard boxes

7. Imperial Sugar Factory

Location: Port Wentworth, Georgia, USA

Cause of Loss: Dust Explosion and Fire

Date of incident: 7^th February 2008

8. Buncefield Oil Storage Facility

Location: Hemel Hempstead, UK

Date of Incident: 11^th December 2005
Owner: Total & Texaco
Goods stored: Petrol, diesel, jet fuel

 Current & Future

The skyline of Sri Lanka is rapidly changing with the increasing development of high rise buildings used for residential, hotel and office purposes. Given the country’s rapid economic development, there is likely going to be a move towards the growth of super high-rise buildings, warehouses, distribution centres, logistic facilities, factories, oil storage facilities, residential buildings and international hotels. Such infrastructure expansions are imperative for the country’s economy to keep up with the pace of local and international export demand.

In view of the above, the production processes, storage of goods in warehouses and distribution centres, activities in high rise buildings and other infrastructure facilities may increase the risk of starting a fire incident accidentally or deliberately. The most commons reasons for this is due to failure of electric systems, production processes involving combustible or flammable raw material, combustible dust emissions, hot work, cold work and inevitably, the role of human error. Unfortunately, there have been situations whereby employees and the public fire brigade alike have failed to control or confine fire using available fire-fighting resources, leading to devastating consequences of loss of human lives and property loss worth millions, if not billions.

What is our plan for the Readiness?

We need to understand that in the midst of the rush for development, there could be a situation where safety of people and properties may be compromised. Safety may not be prioritised by authorities involved in infrastructure development as it could slow the completion of construction and consequently, critical protocols regarding fire safety, and safety as a whole, may be missed.

Our experience and exposure suggest that such technical lapses and omissions occurred in major countries during rapid development and as a result, the above-mentioned fire incidents happened with greater devastation. It is also very important to recognise that those countries in which the above fire incidents occurred, have highly developed infrastructure for firefighting and engineering standards in place. Nevertheless, these devastating fire incidents still occurred.

In view of the above, Sri Lanka must start learning from the experiences of others and take action before disaster strikes. Being proactive and learning from previous mistakes is crucial in order to prevent the devastation and destruction that accompany fire accidents. It is imperative to understand the importance of firefighting internally & externally and the necessity to impose statutory requirements on fire prevention measures in various occupations, operations and activities. If existing protocols are found to be inadequate, remedial measures must be taken promptly and in a coordinated approach to ensure effective application.

Written by:

 Nimal Tissa Wijetunga

• Fellow of Institute of Fire Engineers, UK (FIFireE)
• Professional Member of Society of Fire Protection Engineers, USA (MSFPE)
• Member of the Institution of Risk Management, UK (MIRM)
• Certified Fire Protection Specialist, National Fire Protection Association, USA (CFPS)

The author of this article has over 25 years of hands on experience and exposure to Risk Engineering, Fire Engineering and Health & Safety through insurance companies, fire safety consultancies and the construction industry both in Sri Lanka and internationally. These have been involved in various occupations such as road side shops, high rise buildings, warehouses, distribution centres, logistic facilities, industrial and oil and gas facilities