Attempt to wrest complete control and consolidate all power within the family - NFR

Wednesday, 07 November 2012 

Networking for Rights, a net work of journalists and human rights defenders considers the Sri Lanka governments move to impeach Chief Justice Shirani Bandaranayake, as a flagrant expression of political interference in the judicial system and a final step towards destroying the flicker of democracy that still remains in the country.

This is not an issue about an individual but rather about the rule of law and the independence of the judiciary.

If the Chief Justice must be impeached, then her errors and omissions should be investigated through a well defined process. There must be public debate before the government rushes to impeach her; simply because the Executive is displeased with the manner she interprets the law.

The ultimate aim of the present government is to enjoy limitless power; power that is centered only around the Rajapaksa family The government has been at odds with the judiciary for quite awhile now; the assault of the Secretary of the Judicial Services Commission, the attempt to intimidate the Magistrate of Mannar and the attack on the Mannar Court House are only a few of the (two) incidents. The biggest quarrel the government has with the Chief Justice is the decision given by the Supreme Court to block the adoption of the Divinaguma Bill, whereby, many of the powers now in the hands of the provincial governments could be taken away and handed over to the Ministry of Economic development, which functions under the President's brother, Basil Rajapakse. This is a clear attempt to not only centralize all power, but also for the Rajapaksa’s to wrest complete control and consolidate all power within the family. As it is, the President, his brothers and children have control in almost all areas- from the military to controlling the economy.

By muzzling the media and silencing journalists through every means possible, the present regime has been able to curb dissent. The judiciary, to some extent has been the only bastion that has stood between the people and a dictatorial government. If the regime is successful in impeaching the Chief Justice, then one of the few remaining spaces for seeking justice and redress will be lost to the people of Sri Lanka.

Networking for Rights is heartened to note that some sections of the population has begun to oppose the government's actions and calls upon all Sri Lankans to take a stand for the independence of the judiciary in our country.

Impeachment must not be politically motivated: If so insult to the entire Judiciary - Judiciary Service
association Of SL issues a statement
(Lanka-e-News -06.Nov.2012, 9.15PM) The crucial statement issued by the Judiciary Service Association of Sri Lanka today evening regarding the Impeachment.It shows as follows:

Army Inquiry On ‘War Crimes’ No Longer Credible

Army Inquiry On ‘War Crimes’ No Longer Credible

By Laksiri Fernando -November 6, 2012

Dr Laksiri Fernando

Army spokesman Ruwan Wanigasooriya yesterday (5 November) told Xinhua newspaper that the army investigations into some incidents or alleged ‘war crimes’ still continuing. This is the first time for a long period that we heard about it after its so-called appointment in January this year. There must be a particular reason why the statement was made to the official press agency of the People’s Republic of China instead of local newspapers or any other. It appears that even China is watching what is happening in Sri Lanka, as it has to unfortunately defend Sri Lanka and that means the present government in the Security Council and other forums.

I browsed through the Ministry of Defence website seeking some information. It is full of political propaganda for the Defence Secretary and the President, two of the three brothers who apparently govern the country, apart from some items still glorifying the war and news about the three armed forces. The latter might be quite permissible for a defence website compared to the atrocious political propaganda.

Of course there was one portal titled “War Crimes” just above a bigger window on “LTTE Atrocities.” I was trying to find any news about the so-called army inquiry there, but none. It largely consisted of reports like “Humanitarian Operation: Factual Analysis,” “Sri Lanka’s Humanitarian Effort” or counter propaganda for the international accusations such as “Appalling Journalism – Jon Snow and Channel 4,” and “Lies Agreed Upon.” At last, there was an item called “Let’s Take Accountability Seriously,” and then I thought that might be the place to find some information. No, it consists of an article by The Nation newspaper dated 12 March 2012.

The situation is the same in the Army website, although it is more professional than the Defence Ministry one. The question is why the inquiries are so secretive given the public importance of the matter, nationally and internationally. There is no question that the army did the right thing by defeating the LTTE militarily. But it should have been done respecting the international humanitarian and human rights law and laws of the country. Torture or killing of the unarmed or any such thing is not permissible even under the domestic law. There are so many other norms that the armies should follow under the international law. The protection of civilians is of paramount importance. Deviations or atrocities in other countries, including the US, or the atrocities by the LTTE are not an excuse. That is why the government declared a ‘zero civilian casualty’ policy in the first place. Now it should inquire with credibility whether that policy was adhered to and whether other violations of the international law have occurred.

When the army inquiry was appointed in January, it was stated that the matters referred to in the LLRC report and accusations of the Channel 4 videos would be investigated. The UNHRC recommendations in March were much broader to investigate all accusations including what were highlighted in the UN Darusman report. But no new investigation mechanism has been set up outside the army inquiry. The government also has not shown any remorse on what happened or might have happened during the last stages of the war, as those are the direct responsibility of the present government.

Some of the revelations or alleged revelations as to what happened during the last stages of the war are extremely shocking to say the least. The naked body of Isaipriya among others with audio voices of army personnel, bullet ridden body of a child who is alleged to be Prabhakaran’s 12 years old son and the video footage of the questioning of the LTTE leader Ramesh after capture and then the pictures of his battered body are some clear examples. These cannot be condoned just because they were linked to the LTTE. In ordinary parlance these are called sahagahana aparada or ‘unforgivable crimes.’ Even if one may argue cynically that the videos are completely doctored; these are matters to be investigated. Anybody who supported the government in good faith in defeating the LTTE, like me, cannot condone these crimes. More profound matter is the credible allegations as to the shelling of the civilian areas (including hospitals) even when the demise of the LTTE was abundantly clear. The quoted numbers may be controversial (between 10,000 and 40,000) but the matters need to be impartially and transparently investigated.

The deeds of ‘Good Samaritan’ during the war perhaps by some of the soldiers are not excuses to hide the crimes committed even by a few. There is no reason to delay or not to investigate these allegations credibly unless the high command or the government is clearly responsible for these alleged crimes. The government’s credibility is becoming more and more suspicious because of the way the government is handing human rights and justice issues since the end of the war in the country. Development or even resettlement/rehabilitation is not enough fig leaves to hide them.

According to what the former Attorney-General Mohan Peiris told Xinhua newsagency on the same day (5 November), the Army Court of Inquiry has had only 50 sittings for the whole of last ten months. That is little more than one sitting per week. It has only recorded statements from only 20 witnesses. These statistics speak very poorly of the so-called investigations now going on or claimed to be going on. It is not clear how many cases or incidents that they have been investigating. All these are kept as guarded secrets. That is why these investigations are considered like ‘asking evidence from robber’s mother’ (horage ammagen sakki aheema). It should be kept in mind that these are only preliminary inquiries. For any military prosecution, the cases have to be filed before the General Court Martial.

It is possible that some cases may be filed before the General Court Martial in view of the next UNHRC sessions in March 2013 as a show case. But this is not what the UNHRC Resolution expected from Sri Lanka on the issues of accountability. By the time of the resolution, the UNHRC knew about the army inquiries and what they wanted was not selective inquiries. The resolution ‘called upon’ the government “to take all necessary additional steps to fulfil its relevant legal obligations” including accountability and ‘requested’ the government to “address alleged violations of international law.” The diplomatic language in the resolution would not be an excuse for Sri Lanka to take the recommendations leniently.

The UN itself is ‘soul-searching’ on what happened in Sri Lanka and its own mistakes during the crucial days and a report on the subject by Charles Petrie will be submitted to the Secretary General next month. Marzuki Darusman is still heading an expert panel on Sri Lanka advising the SG and has recently said that accountability in the case of Sri Lanka primarily means “what happened to the 40,000 civilians” (Daily Mirror, 5 November 2012).

I was one who initially questioned the need for an ‘international inquiry’ on alleged war crimes in Sri Lanka in view of the army appointed court of investigation (Asian Tribune, 20 February 2012), but at present it is abundantly clear that the army inquiry is no longer credible given the above explained reasons. While it is primarily the responsibility of a credible government to investigate what happens within its jurisdiction in respect of war crimes and/or violations of human rights, if that government fails to do so within a reasonable period of time with credibility and impartiality, it rests upon the international system (UN, ICC and other bodies) to do so or otherwise justice would not be done to the victims, the perpetrators would go scot-free and the necessary lessons would not be learnt.

Related posts;

WikiLeaks: Gota Softens Tone On War Crimes

WikiLeaks: Gota Has Been Punishing Army For Rape And Murder

New Evidence:The Death Of Colonel Ramesh – Warning Disturbing Images

Sri Lanka Can’t Deny: Colombo Telegraph Revelation Turns Sri Lanka’s War Crime In To A New Chapter

Human skeletons recovered in Mullaitivu

[ Tuesday, 06 November 2012, 02:58.38 PM GMT +05:30 ]

In the recent past large number of human skeletons were recovered in the Mullaitivu district. These human skeletons were recovered near the Pokkanai Ambalawan School in Mullaitivi district and also stated these skeltons were buried during the last stage of war in the country. People recently resettled at the Pokkanai area.

Close to 1.2 million houses without men

Tuesday, 06 November 2012 

The Census and Statistics Department says that women chief occupants in 1,173,000 houses in the country. There are 5.1 million housing units in the country. Therefore, 23% of the houses in the country are headed by women.

It is revealed that a large number of women have been widowed due to the war, due to natural causes, committing suicide and even due to desertion.

The situation in most of these families it is learnt is in an unsatisfactory level. The government has failed to implement any welfare measure for these families.

Think twice before jumping into destiny

Think twice before jumping into destiny

A letter to the President Mahinda Rajapakase

Re- Impeachment motion against the Chief Justice, handed over to the Honourable Speaker

( November 06, 2012, Colombo, Sri Lanka Guardian) It appears that there is an atmosphere of crisis within the country and amongst the international community, centered round the impeachment motion against Mrs. Shirani Bandaranayake, the Chief Justice, handed over to the Honourable Speaker, which has even drawn the attention of the general public.   So many individuals consulted us on this same subject.  Hence we thought it is appropriate for us to draw your kind attention to this issue.

Irrespective of which is supreme out of the three entities, the Legislature, the Executive and the Judiciary, when it comes to safeguarding law and order of the country, it is clear to any person who respects the principles of democracy that all three institutions are not second to each other in supremacy.

Law is bonded with human civilization and is for the welfare of human beings.  Therefore the essence of Buddhist law is to consider it as the duty to subjugate the unrighteousness and propagate righteousness by controlling behaviour of individuals and ensuring the well being of society.

Therefore we consider it the supreme duty of all those who expect the well being of humanity, to create an environment where the law can be implemented independently and impartially.

Lord Buddha when he advised the Lichchavi rulers on "Saptha Aparihani Dhamma" showed as the third "Aparihani Dhamma" "Refraining from introducing laws which were not introduced in the past and following laws already existing without violating them; accepting old ethics of the Vajjins and following them, it will bring them good and they will not be harmed". In accordance with the above sermon of Lord Buddha, we consider it very important that decisions should be taken with the utmost patience, highlighting justice, drawing the attention of the country, society and nation.

History too has confirmed that when dealing with the judiciary which contributes immensely to protect the rights of all, including the common citizens of the present democratic society, action should be taken carefully and patiently without harming the trust placed by the public on judiciary.

Therefore in our opinion, it is not proper to create an atmosphere of suspicion in the minds of the people, about the judiciary, obstructing the creation of an environment where problems have to be solved by the country unitedly amidst natural disasters, international interference, political, economical and social crisis.

Hence, we kindly request to reconsider analytically the need for an impeachment motion handed over to the Honourable Speaker, against the Chief Justice, Mrs. Shirani Bandaranayake.

May you have the refuge of the Triple Gem.

Thibbotuwawe Sumangala                                                          Udugama Sri Buddharakkhitha

Chief Imcumbent                                                                             Chief Imcumbent

Mahanuwara Uposhitha Pushparama Vihara                       Hayagiri Wijayasundararama Vihara

Thibbotuwawe Sri Sumangalabhidana                                    Udugama Sadharma Keerthi

Maha Nayake Sthavira                                                                   Sri Rathanapala Buddharakkhithabidana

Mahaviharawanshika Shyamopali Mahanikaya                   Maha Nayake Sthavira

Malawathu Mahaviharaya                                                           Mahaviharawanshika Shyamopali Mahanikaya

Mahanuwara                                                                                     Asgiri Maha Viharaya

                                                                                                                Mahanuwara    

Davuldena Sri Gnanissarabhidhana                                          Napana Pemasri

Uththareethara Maha Nayake Sthavira                                  Napana Sripemasriyabhidhana 

Amarapura Maha Nikhaya                                                           Mahanayake Sthavira

Widyavijayaramaya, Pagoda                                                       Ramanaya Maha Nikhaya

Nugegoda                                                                                           Vidyasagara Privena                                                                                                                                                                      Menikhinna                                                                                                                       

Chief Justice Is Planning To Call More Than 700 Witnesses

By Colombo Telegraph -November 6, 2012 

Chief Justice Shirani Bandaranayake is going to fight until the end  and  six prominent lawyers are going to represent her the Colombo Telegraph has reliably learnt.  A member of her leagal team who spoke to Colombo Telegraph on the condition of anonymity said that the  Chief Justice is planning to call more than 700 witnesses.

Chief Justice Bandaranayake

Last week  Chief Justice’s son Shaveen Bandaranayake wrote that her mother will not back down from anything and she has always fought for what is right and will do so until her last breath.

Meanwhile Daily Mirror reported the Mahanayake Theras of the three main Nikayas have requested President Mahinda Rajapaksa to reconsider the need for the impeachment motion against Chief Justice Shirani Bandaranayake that had been handed over to President’s elder brother, SpeakerChamal Rajapaksa by ruling party MPs on Thursday. The motion will be presented to Parliament today.

Malwatte Chapter Mahanayake the Ven. Thibbatuwawe Sumangala Thera, Asgiriya Chapter Mahanayake the Ven. Udugama Sri Buddharakkhitha Thera, Amarapura Nikaya Mahanayake the Ven. Dawuldena Gnanissara Thera and the Ramanna Nikaya Mahanayake the Ven. Napane Pemasiri Thera have in a letter to the President said it appeared that there was an atmosphere of crisis in the country and among the international community, centered round the impeachment motion against the Chief Justice.

“Irrespective of which is supreme out of the three entities — the Legislature, the Executive and the Judiciary — when it comes to safeguarding law and order of the country it is clear to any person who respects the principles of democracy that all three institutions are not second to each other in supremacy, the four prelates have said.

They said that the law was bonded with human civilization and was for the welfare of human beings and therefore the essence of Buddhist law was to consider it as the duty to subjugate the unrighteousness and propagate righteousness by controlling behaviour of individuals and ensuring the well-being of society.

The Mahanayakes said they considered it the supreme duty of all those who expected the well-being of humanity, to create an environment where the law could be implemented independently and impartially.

The main opposition UNP stressed yesterday that international and local legal experts should be allowed to observers the proceedings of the impeachment motion against the Chief Justice, also calling for a live telecast of the hearing.

UNP Senior Vice President and MP Lakshman Kiriella told journalists that observers from the International Bar Association, International Commission of Jurists and representatives of BASL and local Judges Association should be allowed to observe the proceedings in order to ensure transparency.

He said the government should allow independent observers both from here and abroad and also a live telecast of the proceedings as it was essential to determine the charges against Chief Justice Shirani Bandaranayake are genuine or fabricated ones. Besides he said these are practices followed by many countries today.

He also said the UNP would have to participate in the select committee proceedings as it has been made compulsory that opposition members participate in it by the Constitution. Mr. Kiriella further stressed that the UNP should participate so that the party would be able to determine the charges against the Chief Justice. “We have decided to participate in the select committee proceedings in order to ensure justice to Chief justice,” he said.

Chief Opposition Whip John Amaratunga told The Sunday Leader that The main opposition United National Party (UNP) has decided to form a committee to look into the impeachment motion brought by the government against Chief Justice Shirani Bandaranayake and the committee will study the motion before deciding on the next course of action.

The UNP had on Friday convened a meeting with party leader Ranil Wickremesinghe to discuss the issue of the Chief Justice. Amaratunga said that the UNP policy is to ensure the independence of the judiciary and the party will do its utmost to fight to secure that independence.

Meanwhile former Chief Justice Sarath N. Silva said that the motion cannot be argued in court as it is a matter purely in the hands of Parliament. “Once it is presented in Parliament and if it gets passed then the President can remove her,” Silva told media.

Democratic Left Front Secretary and Minister of National Languages and Social Integration Vasudeva Nanayakkara said that the party leaders have not signed the impeachment motion. Nanayakkara told The Sunday Leader that he will give his views on the motion once he sees the allegations after it is presented in Parliament this week.

The Bar Association met President Mahinda Rajapaksa last week and urged him to withdraw the motion on the Chief Justice.

Impeachment Motion against CJ tabled

TUESDAY, 06 NOVEMBER 2012
Chief Justice Bandaranayake
The impeachment motion against Chief Justice Shirani Bandaranayake was placed on the order paper of Parliament today, and there were 14 charges mention against her.

The motion signed by 116 MPs seeks to appoint a select committee to probe these charges against the Chief Justice. This will be followed by a resolution adopted by Parliament and presented to the President for the removal of the Chief Justice.

Fourteen charges levelled against CJ

Allegedly undeclared Rs. 34 million in foreign currency deposited at NDB Bank

Allegedly undeclared 20 bank accounts maintained in various banks

Allegedly questionable purchase of house from Ceylinco Housing and Property

Alleged questionable appointment of Judicial Service Commission Secretary

Bribery and Corruption charges filed against husband

Improper transactions while holding office

Unlawful accumulation of wealth

Violation of the Constitution in dealing with the Divi Neguma Bill

The charges mentioned against the Chief Justice are as follows;

Whereas by purchasing, in the names of two individuals, i.e. Renuka Niranjali Bandaranayake and Kapila Ranjan Karunaratne using special power of attorney licence bearing No. 823 of Public Notary K.B. Aroshi Perera that was given by Renuka Niranjali Bandaranayake and Kapila Ranjan Karunaratne residing at No. 127, Ejina Street, Mount Hawthorn, Western Australia, 6016, Australia, the house bearing No. 2C/F2/P4 and assessment No. 153/1-2/4 from the housing scheme located at No. 153, Elvitigala Mawatha, Colombo 08 belonging to the company that was known as Ceylinco Housing and Property Company and City Housing and Real Estate Company Limited and Ceylinco Condominium Limited and is currently known as Trillium Residencies which is referred in the list of property in the case of fundamental rights application No. 262/2009, having removed another bench of the Supreme Court which was hearing the fundamental rights application cases bearing Nos. 262/2009, 191/2009 and 317/2009 filed respectively in the Supreme Court against Ceylinco Sri Ram Capital Management, Golden Key Credit Card Company and Finance and Guarantee Company Limited belonging to the Ceylinco Group of Companies and taking up further hearing of the aforesaid cases under her court and serving as the presiding judge of the benches hearing the said cases;
Read more..

Sri Lanka launches impeachment of chief justice

By Shihar Aneez and Ranga Sirilal

COLOMBO | Tue Nov 6, 2012 6:19am EST

(Reuters) - The speaker of Sri Lanka's parliament accepted on Tuesday a ruling party motion to impeach the chief justice for improper conduct, setting the stage for a potentially destabilizing clash between the government and judiciary.

Relations between President Mahinda Rajapaksa and Chief Justice Shirani Bandaranayake have been deteriorating over recent months with the judiciary complaining of interference and the government complaining she had over-stepped her authority.

Bandaranayake, Sri Lanka's first woman chief of the Supreme Court, faces fourteen charges ranging from undeclared assets to violating constitutional provisions, according to the impeachment motion lodged in parliament.

"Yes, he has accepted it," parliament Secretary General Dhammika Dassanayake said, confirming that the motion had been officially received by the speaker, Chamal Rajapaksa, the president's brother.

The president appointed Bandaranayake in May last year but their relationship has soured swiftly this year. Rajapaksa's party moved the impeachment motion in parliament last Thursday.

The next day, the United States raised its concern.

"We urge the government of Sri Lanka to avoid any action that would impede the efficacy and independence of Sri Lanka's judiciary," U.S. State Department spokeswoman Victoria Nuland said in a statement.

The International Commission of Jurists, grouping 60 prominent judges and lawyers from around the world, said last week the judiciary in Sri Lanka was under increasing attack and its independence was threatened.

The speaker will appoint a select committee made up of at least seven members to look into the charges against Bandaranayake.

She could be removed with a simple majority of 113 votes in the 225-member parliament. Rajapaksa and his allies control more than two-thirds of seats. The motion has been signed by 117 ruling party legislators.

"NOT BACK DOWN"

Bandaranayake's supporters say she has been trying to preserve the independence of the judiciary in a highly politicized environment.

But she came under criticism from the government after she ruled against a bill in parliament proposing a budget of 80 billion rupees ($614.20 million) for development.

She said the bill had to be approved by the country's nine provincial councils, including the former war-torn northern province, before being approved by parliament.

The block on the bill angered the government and its supporters, some of whom accused the judiciary under Bandaranayake of over stepping its limits and violating the constitution.

The chief justice has not spoken to the media but her son, Shaveen Bandaranayake, issued a statement last week saying his mother stood for the independence of the judiciary and democracy.

"My mother will not back down," he said.

The impeachment bid comes as international human rights call for an independent inquiry into the deaths of civilians and aid workers during Sri Lanka's three-decade civil that ended in 2009.

A U.N.-sponsored panel, whose findings have been rejected by the Sri Lankan authorities, has said that the army committed large-scale abuses and was responsible for many civilian deaths in the final stages of the war against ethnic Tamil rebels.

(Editing by Robert Birsel)

“Impeachment” Of the Chief Justice: Aiyo! It Was Shirani That I Wanted To Appoint, My Good Friend

By Elmore Perera -November 6, 2012 

Elmore Perera

“Sovereignty of the Sri Lankan People under the 1978 Constitution is one and indivisible. It remains with the People. It is only the exercise of certain Legislative, Executive and Judicial powers of the Sovereign People that are delegated to the Parliament, the Executive and the Judiciary under Article 4. Fundamental Rights and Franchise remain with the People and the Supreme Court has been constituted the guardian of such rights.” So stated Hon.Neville Samarakoon Q.C. arguably the most honourable, upright and independent Chief Justice that Sri Lanka has been fortunate to have. This was in October 1983 when a 9-judge  bench of the Supreme Court considered important questions that concerned the jurisdiction,  dignity and the independence of the Supreme Court.  Sharvananda J asserted that “Rule of Law is the foundation of the Constitution, and independence of the Judiciary and fundamental human rights are basic and essential features of the Constitution. There can be no free society without law administered through an independent Judiciary. The supremacy of the Constitution is protected by the authority of an independent judiciary to act as the interpreter of the Constitution.   Actions of the Executive are not above the law and can certainly be questioned in a Court of Law.   An intention to make acts of the President non-justiciable cannot be attributed to the  makers of the Constitution”. The 9-judge bench held that “The President cannot be summoned to Court to justify his actions. But that is a far cry from saying that the President’s acts cannot be examined by a Court of Law. A party who invokes the acts of the President in his support will have to bear the burden of demonstrating that such acts of the President are warranted by Law. The seal of the President will not be sufficient to discharge that burden.”

The President expeditiously moved to impeach the Chief Justice with the aid of his steamroller 5/6th majority in Parliament. Article 107 of the 1978 Constitution,  stipulates that the Chief Justice shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of MPP has been presented to the President for such removal on the ground of proved misbehavior or incapacity, provided that the notice of such resolution for the presentation of such address was signed by not less than one-third of the total number of MPP and sets out full particulars of the alleged misbehavior or incapacity. Standing Order 78A relating to the presentation of such an address, sets out the procedure for the passing of such resolution, the investigation and proof of the alleged misbehavior or incapacity and the right of the Chief Justice to appear and to be heard in person or by representative.

Read More

UPR Sri Lanka: India does a summersault – is there deal?

Tuesday, 06 November 2012

Geneva- In a bizarre move India has agreed to drop major part of recommendations it made to Sri Lanka at the 14th session of UPR held on 1st Nov 2012. The recommendations made by India on implementation of 13th amendment to the constitution, Demilitarisation of Northern Province, Elections to the Northern Provincial Council and land issues in Northern Province have been deleted in the working group report with the concurrence of the India.

This about turn by India took Geneva based diplomatic community by surprise on 5th Nov when the when the working group report was presented. For instance USA and France raised the objections of changes made to the report being non- transparent. Responding to those objections Sri Lankan ambassador R. Ariyasinghe told the council that all such changes have been made with concurrence of the relevant status.

At the end of a unusual exchange of words between USA, France, Switzerland and Belgium on the one hand and Cuba, China and Russia on the other hand chair of the Human Rights Council ruled that all such changes should be explained in end notes.

One observer told this correspondent that what is most glaring change of position belongs to India and there could be a deal between the Sri Lanka and India over these contentions issues. In the 19th session which was held last March India forced USA to dilute it resolution on Sri Lanka making it toothless. India managed to change the follow up close of the US backed resolution to include the words 'concurrence of the Sri Lanka Government' thus making it almost non binding.

Tamil observer to the UPR session told this correspondent that it seems India has betrayed the Sri Lankan Tamils again. Indian Mission to Geneva was not available for a comment.

The position taken by India at the UPR Sri Lanka session and the watered down version of Indian position as included in the working group report is given below:

This is what India said on the 1st Nov 2012 at UPR Sri Lanka session:

3. At the same time we recall the commitments made by Sri Lanka to the international community during UPR 2008 and on subsequent occasions for the implementation of 13th amendment and building on it so as to achieve a meaningful devolution package. We urge expeditious action to take forward the political process for early political settlement.

4. We have noted the announcement by the Sri Lankan government on holding Provincial Council elections in the Northern Province in 2013. We urge that the people of the province should be able to exercise democratic rights as guaranteed to them by the Sri Lanka constitution as early as possible.

5. We look forward to effective and timely implementation of the constructive recommendations contained in the LLRC report. These include those pertaining to early reconciliation, promotion of a trilingual policy; return the private land by the military, reduction of high security zones, and pushing out of the involvement of the security forces in civilian activities in the Northern Province. We have noted the action plan proposed by the Sri Lankan Government for the time bound implementation of these recommendations. We believe that the visible progress in this regard will foster genuine reconciliation. We call for credible investigations to be conducted in respect of allegations of Human Rights violation and incidents involving loss of civilian life brought out in the LLRC report.

This is what report prepared by the working group says:

74. India looked forward to speedy resolution of the residual issues in resettlement and rehabilitation. It called for credible investigations into allegations in the LLRC report. It noted the action plan for time-bound implementation of LLRC recommendations.

Experienced India watchers in Geneva (HRC) strongly believe that there could be a deal between the two countries and then the million Swiss Frank question is: what is the deal?