OPA’s follow up status on implementation of Official Languages Act

The OPA has had discussions with the Minister for National Reconciliation D.E.W. Gunasekere and the Chairman Official Languages Commission. Raja Collure, regarding the urgent need for the speedy implementation of the provisions of the Act No. 18 of 1991.

Chapter IV of the Constitution, deals with langauge issues, Sinhala and Tamil are declared as Official Languages, and English is specified as a link langauge.

Further amendments to Ch IV had been introduced through amendment 13 and 16, which together define the Official Languages Policy. (Please refer Official Languages Commission Report of June 1995).

The OLC report has concluded that quote “The provision in the constitution on the use of the official/national languages and the Link Langauge (English), are comprehensive and needs no revision at present”.

Furthermore, it adds “over the years planned and sustained efforts have not been made for the implementation of the OLP” In the introduction to the report on p.1., the report states-quote “it must be observed that the faithful implementation of the OLP is an important aspect touching on the solution of the National Question that the country is gripped with. Neither national integration nor durable communal amity could be achieved without giving effect to constitutional provisions on language”.

The OPA is entirely in agreement with the observations quoted above from the OLC report, and urges that all necessary steps be taken for the speedy implementation of the provisions of the act.

The 2005 report of the OLC sets out a 15-year programme in 3 stages, for the full implementation of the constitutional provisions on the use of the official languages. While we are happy to note the fairly comprehensive coverage given to all aspects of implementation, we feel, that owing to the long gestation period involved that the programme be divided into two segments.

i.e., a) The long-term implementation aspect eg., Recruitment, training etc. b) The short-term aspect i.e., action that can be taken immediately in the short-term - eg., Having signboards in 2 of 3 languages, recruitment of retired persons and temporary staff on a contract basis, incentive scheme etc. particularly in districts, which have over 25% of its population from a particular group.

It is reported that 60% of the population in, Colombo are Tamil speaking, but even police circulars have been sent only in one langauge. Sign boards are often in one langauge. This situation is not satisfactory nor seen to be conducive in promoting racial harmony or goodwill.

The OPA suggested that an effective monitoring committee be set up, on which the Peace Secretariat too is represented: and that the OPA to can consider nominating two members to serve on such a Committee. Funds for implementation may be even obtained from the growing defence budget, as the OPA feels that promoting peace is tantamount to reducing conflict.

Questions and answers

OPA’s role on the 17th amendment

Question: It is my understanding that the OPA played a major role if not the prime mover in the drafting and getting the Parliament to introduce the 17th Amendment to the Constitution of the Democratic Republic of Sri Lanka.

Now we read in the papers and also hear of the numerous shortcomings in the 17th Amendment. It is surprising that apex body of all the professionals did not have the foresight to have overcome such problems whilst drafting it.

The non-appointment and functioning of some of the Commissions have been attributed to this shortcomings, misuse or abuse. Whilst the OPA has to accept both the bouquets and the brickbats will the OPA arise to meet the need of the hour. An amendment to the 17th Amendment or an 18th Amendment.

V. Bopearachchi - Hendala,
Wattala.

Answer: The 17th Amendment to the Constitution was an initiative of the OPA. The draft prepared by a Committee of the OPA was based on the recommendations of the ‘Citizens Consultation on Free and Fair Elections and Depoliticisation of Key Institutions’ which was set up in 1998 following the infamous Wayamba Provincial Council Election where thuggery, and election rigging took place in a massive scale.

The politicisation of the Public Service started with the 1972 Constitution which for the first time brought the Public Service under the Cabinet of Ministers.

Unfortunately the 1978 Constitution while providing for a separate Public Service Commission still under the Executive, left the appointment, transfer and disciplining of Heads of Departments again under the Cabinet of Ministers. Thus the politicisation of the Public Service at all levels of government continued unabated.

Public servants became beholden to politicians and were not able to carry out their functions with impartiality. There were instances where politicians sat on the OIC’s chair at Police Stations and ordered the release of criminals from custody. It was in this environment that the OPA prepared and presented a draft Constitutional Amendment to all political parties.

The original draft by the OPA provided for the appointment of a Constitutional Council based on integrity and merit in addition to the ex-officio members, the Speaker, the Prime Minister and the Leader of the Opposition. There was no provision for the ethnic based appointments or appointment, transfer and discipline of Heads of Departments by the Cabinet of Ministers.

The Independent Commissions were to be appointed by the President on the nomination of the Constitutional Council. Other designated appointments such as Auditor General, Inspector General of Police, Supreme Court Judges, Appeal Court Judges etc. were to be appointed by the President with the approval of the Constitutional Council.

Unfortunately changes made during discussions among political parties and committee stages introduced ethnic bias and nomination by minor parties in the appointment of the Constitutional Council.

The Constitutional Council has not been appointed due to a dispute among the minor parties on their nominee and eminent lawyers have expressed the opinion that it is possible for the Constitutional Council to function even without the nominee of the minor parties provided other provisions such as quorum are satisfied. Unfortunately this has not happened and some Commissions have been appointed by the Executive President.

A Parliamentary Select Committee has been appointed under the Chairmanship of Minister Dew Gunasekera to propose amendments to the 17th Amendment and the OPA too has submitted its proposals. Unfortunately, the process appears to be stalled due to lack of cooperation among political parties.

The 17th Amendment is perhaps the most important piece of Good Governance legislation enacted in recent times and it is a matter of record that during the period the Constitutional Council and the Independent Commissions were operational public servants including police officers acted with impartiality.

While the OPA will continue with its campaign what is now required is for the media and the electors to insist that their representatives in Parliament cooperate and ensure that the 17th Amendment to the Constitution is implemented as a matter of urgency.

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Requirement by Local Authority to certify a Licensed Surveyors plan

Question: I would be very thankful to you would let me know in your Daily News column as to whether it is a requirement that the Licensed Surveyor’s Plan be certified by the Local Authority when submitting the deeds and other relevant documents to a bank for a housing loan.

S. Samarasinghe
Kandy.

Answer: The requirement by the UDA Act is to improve only the Sub Division scheme of a Licensed Surveyor’s plan when it falls inside an area disclosed by the UDA and if the Sub Divisions are meant for any development activity such as putting up a house and so on.

If a sub-divided lot is not for any development activity then the question of approval does not arise. However, when any customer applies for a bank loan offering a parcel of land as security, the bank may request an assurance from the Local Authority that the parcel of land offered as security is suitable for any development activity.

The Local Authority gives this assurance in the form of an approval of the survey plan for which the bank is satisfied.

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Confirmation on Belford and Ashwood Universities (USA) for on line doctorate

Question: Presently I am working as the Assistant Branch Manager in a commercial bank for the past 13 years. The following professional qualifications have been obtained by me.

* MBA - Distance learning programme through Trinity College and University, Spain.

* CBA - Chartered Business Administrator - Canada.

* Senior Associate Member of Finsia - Australia.

* AIB - Institute of Bankers Sri Lanka.

Presently Trinity College and University where I got my MBA has directed me to the above mentioned universities in the USA (option) to carry out my Doctorate in Banking and Financial Services by on-line examination.

Hence please be kind enough to help me know the acceptability of the above universities doctorate in Sri Lanka.

I wrote to a few bodies regarding the above and have not got any reply to-date, therefore I urge for your advice on my request.

M. Dharshan
Vavuniya.

Answer: First of all have you checked whether Trinity College and the University of Spain from where you obtained your MBA is recognised, because the Belford and Ashwood Universities (USA) recommended by them are not accredited universities in USA. Therefore, Sri Lanka will not recognise a doctorate from these universities. You can contact the Librarian, US Centre on telephone - 2498000 for any further assistance.

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Treatment of cancer without surgery

Question: I am 47 years old and was diagnosed as having bowel cancer two years ago. I also have been suffering mentally for 10 years with severe marital problems. I want to know whether there are any effective alternative treatment to cure my disease and condition. I do not want to go through surgery.

Mrs. Gayani de Silva,
Ratmalana.

Answer: Long lasting stress is often the originating cause of most serious conditions. Hypno Analysis and Hypno Counselling is a very good way to cleanse the mental worries as the first step of the treatment plan.

Secondly, ‘Panchakarama Treatment’ such as herbal steam baths and oil massages are good to detoxify and rejuvenate body cells. Homeopathy which is called spiritual medicine is an excellent way of treating cancer and other chronic disease as well without any side effects. If you have any faith in this, you may try it.

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MSG (Mono Sodium Glutamate) in instant noodles

Question: Two popular brands of ‘instant noodles’ heavily advertise on TV channels specially targetting children. One brand has ‘MSG’ as per their ingredients list, other brand specially says ‘No MSG’ in bold letters on the pack and it has SLS certification also. Some say ‘MSG’ is cancerous. Please clarify.

Wickremasuriya
Panagoda.

Answer: According to the Government Analyst MSG has not been proved to be a harmful ingredient. It is used to enhance the flavour. There is no limit in the use of MSG. However, there is a limit in the intake of MSG by an individual. The maximum limit will depend on the body weight of a person. i.e. one mg. for 1 kg. of body weight.

The SLS Standard is granted to the food items - Noodles if it adheres to SLS 420. The ingredients to be used are mentioned in SLS 420. Therefore our advice to you is anything in moderation is not harmful.

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Illegal construction of a house in Habaraduwa under the pretext of tsunami

Question: In violation of the Pradeshiya Sabha law, certain miscreant misleading the Chairman, Pradeshiya Sabha, Habaraduwa is in the act of constructing an illegal house with the help of an NGO on the pretext of ‘tsunami’ victim defying the orders of the OIC, Police, Ahangama.

Without obtaining a certificate of construction from Pradeshiya Sabha, Habaraduwa, encroaching a legal plot of land of mine as per the final decree of District Court, Galle date 1926.

G. Gaminipala
Ahangama.

Answer: You should contact the ASP, in charge of the Ahangama police and obtain his assistance. Alternatively you will have to file a Section 66 application in the Magistrate’s Courts within two months of the commencement of this illegal construction. If two months have lapsed you can still file a case which may be a long drawn process.

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Minimum wage for preschool service trade

Question: There was a notice in the Daily News of 17th May, 2007 on the above. In column II (profession) there were two categories, namely (a) Teachers and (b) Assistants. I would be most grateful if you would let me know who are categorised as Teachers and who are categorised as Assistants.

In the preschool trade normally there are three categories.

1. Teachers - who are in charge of a class.

2. Assistant Teachers - The class is divided into groups of about 20 children and these Assistant Teachers look after these groups under the supervision of the Class Teacher.

3. Assistants - Helping the Assistant teachers, normally about one Assistant for every two Assistant Teachers. These assistants help the Assistant teachers in preparing hand work.

The Assistants, once they get sufficient experience, are promoted as Assistant Teacher when vacancies occur. And the Assistant Teachers, once they get sufficient experience, are promoted as Teachers when vacancies are available.

I would be most grateful if you would publish a reply early as these wages are effective from 1st May, 2007.

L. Kuruvita
Dehiwela.

Answer: The Education Department recognises only two categories of employees in a preschool. They are Teachers and Assistants. A teacher must have GCE (O) Level as the minimum qualification (prior to 2005) or GCE (A) Level after 2005 and a certificate in preschool education.

The other category of ‘Assistants’ is those who assist the teacher. The Labour Department too recognises only those two categories of employees. Others fall into the category of minor employees.

The minimum educational qualifications are a must even when promoting ‘Assistants’ as ‘Teachers’.

Have an interesting and fulfilled career as a modern Librarian

(Continued from last week)

Entry requirements

G.C.E. (A/L) with 3 passes in one sitting with a pass in English at G.C.E. (O/L)

Diploma in Library & Information Science - Level 1 course

We have designed this introductory course for the student to obtain a basic knowledge in the following areas and, as a student you will learn a. librarianship - in this lesson the student is introduced to the profession, to the types of libraries and to the duties of a librarian.

You will learn the history of libraries and of paper, printing and publishing. You will be given and outline on professional library organizations and services, library buildings and equipment and the library staff. You will obtain a basic knowledge on preservation and conservation of library materials, documentation processes and tools and on documentation centres.

You will be made aware of the evolution of communication methods and library communication, public relations and of the library and the community b. cataloguing (theory & practical) In this lesson you will be introduced to cataloguing of books and serials and will learn the types of catalogues and filing rules. c. classification (theory & practical) Here you will be introduced to Dewey Decimal Classification scheme and to classification of books. d. resources and services.

In this lesson you will understand what library material is. You will learn of progress of libraries and services, different types of documentation, levels of knowledge and of information followed by collection development - acquisitions, storage, censorship, selection of reading material, accessioning and related technical work.

Stock management including maintenance of books and stock taking will expose you to the skills applied for good maintenance in a library. Other areas you will study are circulation systems and methods, computerization, readers advisory services, levels in reference services, qualities of a reference librarian, current awareness service and publicity, introduction and evaluation of reference tools and types of reference tools.

Diploma in Library & Information Science - Level 2 Part 1 course

At this secondary level as a student you will be exposed to

a. Library Information services where you will study librarianship as a profession and a comparative study with other professions, library associations and international organizations in library and information work, library standards in buildings, furniture etc. and bibliographic standards and Sri Lanka Standards related to libraries.

You will also study library architecture, planning buildings, infrastructure design, environments, health safety, and security. You will obtain a basic knowledge on library and information services and products encompassing user communities, referral and reference services, current awareness services in different types of libraries, extension services, feed back, community information services and electronic information services.

Then you will learn library co-operation and types of co-operative activities, library networks and library consortia.

b. Organisation of information: You will be introduced to a wider area in cataloguing & classification (theory & practicals) covering descriptive, analytical and co-operate cataloguing, variant forms of cataloguing and classification theory, general and special classification schemes and indexing.

c. Management: This module will familiarize you on the basic principles and theories in management, office management, marketing management, resource management, management of knowledge and information and guide you on how to write a project proposal.

d. Information Technology: You will learn of hardware and software components in a computer, computer networks, components of Internet, storage media for bibliographic, full-text data bases and word processing.

e. Project - compilation of a bibliography.

Diploma in Library and Information Science - Level 2 Part 2 course

At the final level you will be instructed on a. library and information services - covering library development policy, national information policy and its advantages, library legislation - legal deposit law, copyright, fair use and censorship.

You will be introduced to Collection management - developing and managing collections, electronic resources and co-operative collection management. You will learn Selective Dissemination of Information (SDI), publishing and book trade and e-publishing.

You will further learn Printing: composition, methods and types of paper. You will be able to visit a press. You will learn Reprography: types of copying, methods of reprography, usage in libraries and maintenance.

b. Organisation of information: You will learn indexing & retrieval - Theory of indexing, history, subject indexing, title-word indexing, citation indexing and construction of a thesaurus. You will also learn the techniques for web searching and search formulation, information searching skills and evaluation of indexes.

c. Management- In this lesson you will learn about Schools and main theories of management, birth of information society, strategic management, human resource management, performance management, knowledge management and financial management.

d. Library automation - You will be introduced to automated library management systems, evaluation and selection of library software packages, electronic databases and CD-ROM databases, Internet resources, and introduction to CDS/ISIS which will be supported by practicals. e. Project - In this lesson you will learn Research methods - characteristics of social science research and literature surveys in different disciplines.

We offer our courses in all three media with centres in Colombo, Galle, Kandy, Jaffna and Batticaloa. Colombo has all three media, Galle has Sinhala and Kandy, Sinhala and English. Batticaloa and Jaffna have Tamil media only but we have not been able to conduct the course regularly since 2006.

The government of Sri Lanka recognizes our Diploma in Library & Information Science (DIPLIS) and is accepted as a qualification for government and other positions advertised for librarians and other related designations.

DIPLIS on-Line course

With the generous assistance in training extended by the Distant Education Partnership Programme of the Distance Education Modernisations Project of the Ministry of Education, we have prepared our DIPLIS course to be taken on-line.

We hope to commence this in September 2007 in English and Sinhala media. While extending an opportunity to follow our course without barriers on time and distance, you can study the Level 1 course, for the moment, at your own pace, from your home or by visiting the multimedia centers in the districts established by DEPP.

To be continued next week

Lectures and Seminars at OPA

June 15 -“Current Situation of Construction Industry in Sri Lanka and Rehabilitation and Modernisation of Vocational Training in Sri Lanka “ in association with the Engineers’ Guild of Sri Lanka. Only open to the Forum, Centre Members and members of Member Associations.

June 20,- ‘New Company Law Act -A way forwrd’ Jointly organised by OPA and Consumer Affairs Authority. Open to public.

June 22- “The Scourge of Modern Non Conventional Warfare-Anti Personnel Mine Injuries”. Open to public.

Send in your questions

The Organisation of Professional Associations of Sri Lanka (OPA) will cover questions in all professions and subjects of common interest to the public in the “Daily News OPA at Your Service” page every Thursday.

Please make your question brief. Questions can be directed to the OPA on e-mail

[email protected] or

[email protected]

Fax:2559770 or write to the Professional Centre, 275/75, Prof. Stanley Wijesundera Mawatha, off Bauddhaloka Mawatha, Colombo 7.