Secretary General Of The Commonwealth Should Take Urgent Action

By Mangala Samaraweera -December 8, 2012 

Mangala Samaraweera MP

On 7th December 2012, President Mahinda Rajapakse and Commonwealth Secretary General Kamelesh Sharma announced that the nextCommonwealth Heads of Government meeting will be held in Colombo from 15th – 17th November 2013.

On the same afternoon, in a twist of irony, the Opposition MPs walked out of Parliament in protest against the manner in which the Parliament under the directions of President Rajapake, is proceeding with a politically motivated impeachment motion against the Chief Justice, in violation of the Commonwealth Latimer Principles on the three branches of Government.

As the current Chair of the Parliamentary Commonwealth Union, Sri Lanka has now an even greater responsibility to uphold the principles contained in the Harare Declaration to work with ‘renewed vigor to protect and promote the fundamental political values of the Commonwealth.’

However, in Sri Lanka, ever since the Presidential ‘power- grab’ of 2010, when the 18th Amendment to the constitution was rushed through Parliament, it was becoming increasingly clear that the Rajapakse regime was moving away from Commonwealth values and principles. Democratic institutions have been systematically dismantled since then but the impeachment process – more akin to a witch trial of the dark ages -unleashed against the Chief Justice has now exposed the true agenda of the regime at its worst.

It is in this context that the Secretary General of the Commonwealth should take urgent action to request the Commonwealth Ministerial Action Group (CMAG) to evaluate the present situation in Sri Lanka and report if the actions of the Sri Lankan Government are in keeping with its declared commitment to the Harare Principles of Democracy and the Rule of Law.
Mangala Samaraweera MP
Former Foreign Minister.
8/12/12

South Africa to reject Lankan war criminal

Written by:Mathu

December 1, 2012

The Sri Lankan government’s controversial decision to appoint, as its deputy high commissioner to South Africa, an army general accused of war crimes serves – if nothing else – to highlight that country’s inadequate efforts to consign its recent dismal civil war to history.

Sri Lankan high commissioner Winithkumar Shehan Rantavale confirmed speculation in the Sri Lankan media that General Shavendra Silva’s appointment to Pretoria was “in the pipeline”.

Silva commanded the Sri Lankan army’s 58th division, which was one of the key divisions fighting during the final stages of the civil war against the LTTE “Tamil Tigers” in 2009.

The UN Panel of Experts – which investigated alleged alleged atrocities by both sides – had linked the 58th division to several potential war crimes.

These crimes included shelling a hospital and killing many civilian patients in February 2009, and the shelling and execution of senior LTTE political leaders Balasingham Nadesan and Seevaratnam Pulidevan in May, as they walked towards the area controlled by the 58th division, carrying white flags and trying to surrender.

The Panel of Experts said these atrocities should be investigated seriously and, if proved, senior army commanders, among others, “would bear criminal liability for international crimes”.

Silva’s current job is as deputy ambassador to the UN in New York. Earlier this year he was barred from taking part in the UN Advisory Panel on Peacekeeping Operations after objections from, among others, UN human rights commissioner Navi Pillay – a South African – who said his participation would undermine “the credibility of UN peacekeeping”, as there was, at the very least, “the appearance of a case of international crimes to answer by Mr Silva”.

Human Rights Watch expert on security issues Ole Solvang said Silva had also been charged in a US court, while he was based in that country, at the UN.

But a US court had thrown out the case on the grounds that Silva enjoyed diplomatic immunity from prosecution.

He added that, although the Sri Lankan government had conducted an inquiry into the war against the Tigers, it had failed to hold Silva and other military and political leaders accountable. During the closing stages of the war, government troops corralled LTTE forces in the north of the island, and then indiscriminately shelled civilian areas and executed LTTE leaders to eradicate the organisation, according to many accounts.

Human rights advocates have also accused LTTE leaders of executing civilians or preventing them from fleeing from the areas targeted by government artillery. In August this year, South African Deputy Minister of International Relations and Co-operation Ebrahim Ebrahim – who has been working on the Sri Lankan issue since well before his current job – visited Sri Lanka with a civil-society delegation.

His department said afterwards there had been “a heightened demand and urgency in the international community” for the Sri Lankan government to implement the outcomes of its inquiry into the war, that of the Panel of Experts, and other decisions of the UN Human Rights Council, “with specific emphasis on the need to address the accountability issues following the events of May 2009”.

Sri Lanka’s response has been to appoint one of the accused to Pretoria. How will Pretoria respond in turn? Solvang said Human Rights Watch would like the government to accept him and then arrest him.

That seems very unlikely.

Human Rights Watch’s second choice is for South Africa to reject him. Though officials point out that it is very rare for a government to reject another country’s diplomat, some sort of behind-the-scenes discouragement can’t be ruled out.

So a failure to achieve legal and ethical closure is one reason why Sri Lanka is not progressing towards closing this dark chapter of its recent history.

Another reason is the government’s reluctance to tackle the Tamil minority issue politically, as the South African government also pointed out after Ebrahim’s visit, saying “that a durable and lasting peace would come about in Sri Lanka when the reconciliation process is underscored by a broad and truly inclusive dialogue process that addresses the rights and freedoms of the Tamil community”.

As the International Crisis Group points out in a report this week, this durable peace has to be based on some sort of federal system, which delegates significant power to the Tamils.

“The Sri Lankan government’s refusal to negotiate seriously with Tamil political leaders, or consider reasonable forms of power sharing, is heightening ethnic tensions and damaging prospects for sustainable peace,” the report says.

It blames the Colombo government for failing to honour agreements with the Tamil National Alliance (TNA), breaking promises to world leaders and refusing to implement constitutional provisions for minimal devolution of power to the island’s Tamil north and east.

“Three and a half years after the end of the civil war, President Mahinda Rajapaksa has delayed long-promised elections to the northern provincial council – elections the TNA would be nearly certain to win,” says the Crisis Group’s Sri Lanka project director, Alan Keenan.

“Rather than address Tamils’ legitimate demands for a fair share of power in areas where they have traditionally been the majority, the Rajapaksa administration has begun discussing a new amendment to reduce provincial powers even further.”

After Ebrahim’s visit, Pretoria once again offered its help to Sri Lanka in trying to resolve “the Tamil question”.

It gave no hint of how the Sri Lankan government had received this offer. But sending Silva as No 2 in Pretoria seems at best an enigmatic response.

Independent Foreign Service
Brieifing Paper – Implications of Recoginsing Shavendra Silva as Sri Lanka’s Deputy Ambassador to South Africa

Struggle will resume even though tigers movement is eradicated. Sambanthan roar in Parliament.

Saturday , 08 December 2012
Tamil motherland areas are systematically converted to military occupation lands by the government and in pride disclosing, that it has eliminated the liberation tigers.
But even though tigers are eliminated, still Tamils crisis is not settled.  Tamil's struggles will emerge on terms of psyche was explicitly mentioned by Tamil National Alliance Leader R.Sambanthan in parliament.

He said, false allegations and campaigns are charged against us, which I deny. My name and my colleagues’ name were featured in the Tigers assassination list. But you (government) name us as tigers and we are the associates of tigers and representatives. This should be changed.

 

Tigers were not originated by themselves. They did not get originated by the Tamil people. The government which came into power time to time, unleashed suppressions and occupations against the Tamils people was the cause of the origination of the tigers which should be accepted.

 

Today many are saying that they have destroyed the tigers. None destroyed the tigers, but they themselves got destroyed. Tigers were destroyed because they failed to adopt democracy, moral and human rights.

 

Voices are raising Diasporas and migrant society. From year 1956 to 1983 the mass racial eradication advanced by the Sinhala government was the cause for them to leave the country to protect them. They are now functioning as a united socialized movement.

 

During the past period, Bandaranayake Selvanayagam and Dudley Selvanayagam accords were signed for the settlement of racial crisis. But the accords pointed that there should not be any changes in the population escalation.

 

If those agreements have been implemented at that time, today this situation would not be prevailing. We are today deprived from that benefit.

 

Four thousand 600 hectors of lands owned by the Tamil community in the north have been confiscated by the military. 10 thousand houses are constructed for the military.

Out of this in 555 homes belonging to the community, 308 private properties and 153 divisional secretariat division offices are being utilized as military camps.  

 

20 regiments exist in Sri Lanka, however 15 battalions are stationed in the north and two regiments are stationed in the east. Three years have gone after the end of war, but   still why the necessity of   military multiplication?

 

Government organized military colonization project initially got colonized and later was registered for voting, and the lands where Tamil people lived from ancestry, the plan is to reduce the increase of their population which we consider.

 

We did not  come to clash with the military. We are not at all saying military should completely withdraw. But we are saying that our area should not be completely turned out to be military occupation.

 

Five lacks of population exist in the north; however one and half lacks military are stationed in the north.  According to this, percentage assessment would be,   to every three civilian one military.

 

 

We are not against the military but the military and government is treating the Tamil people as second class citizens and the vast   confiscations advanced which we condemn.

 

Let the military be in the camps and perform their safekeeping duties. Our people desire is to live their lives engrossed in small industries, self-employments and efforts in agriculture, livestock and poultry.

 

 

But military have taken over many acres of paddy fields and are engaged in farming. They are doing livestock. They are involved in coconut farming and cashew tree cultivations.

 

Meanwhile obstructions are for our people to live in their native lands. Even though court had ordered for resettlements in Waligamam and Sambur areas, military is rejecting.

 

Lands in Mullaitheevu and Kepapilavu are turned to be owned by military, and the people living in those areas have now come to the streets. The government on a systemized manner has constructed military camps and has colonized in the ancestry lands of Tamil people; government is attempting to make a vast alternation in the population expansion.

 

This we strongly condemned. We oppose.

 

180 persons are enrolled to the military in the   north and 2,500 persons to the civil defense force. To establish to the outside world,  they are provided with black T.shirts and a monthly salary of 18 thousand rupees. But they are employed as minor employees and workers in the camps.  To fulfill their selfish attitudes the recruitments are done.

 

JVP annually celebrates the November heroes’ day in the southern area by organizing massive rallies and events. Meanwhile government or the military do not take any attention.

 

But to light lamps to Murugan and to pay tribute to the demised relations in the north, restrictions are imposed. Jaffna University students in a peaceful manner lighted lamps and paid silent tribute were brutally assaulted by the army.

 

The arrested Jaffna university students should be immediately released.

 

Today they are in much pride that they have destroyed the tigers, but even though tigers are destroyed, the Tamil people’s crisis is not settled.  Tamil's struggles will emerge again on terms of psyche.

 

 Government has introduced Sinhala colonization by combining the Dollar farm, Kent farm which are located behind the Iranaimadu area including Welioya an area of 78 kilo meters wide. This country will not have a democratic peace at any time was mentioned by him.

Saturday , 08 December 2012

Release arrested Tamil students immediately: Paul Murphy, MEP

[TamilNet, Saturday, 08 December 2012, 09:26 GMT]
Conveying his solidarity with students’ protests in Jaffna, Paul Murphy, MEP, in a statement demanded the immediate release of the arrested Tamil students and political prisoners. In a solidarity message sent to an emergency demonstration organized outside the Sri Lankan High Commission in London on Friday, Mr. Murphy said "I express my solidarity with the protest taking place against the arrest of Tamil students in Sri Lanka. I demand that the Sri Lankan government release all those arrested immediately. The arrest of these students under the Prevention of Terrorism Act just for participating in a peaceful protest shows the extent of how much the democratic rights are under attack in Sri Lanka. The Sri Lankan government must end this immediately and release all political prisoners.” 

“This repression also further exposes the false claim of the government that it is improving the conditions for the Tamil speaking people in Sri lanka. Students should be released without delay," Mr. Murphy’s statement further read. 

An emergency protest outside the Sri Lankan High Commission in London to demand the immediate release of Jaffna University Students was organized on Friday at less than 24 hours' notice by Tamil Solidarity. The protest also saw the launch of "Release all the political prisoners in Lanka”. 

Besides Eezham Tamil activists, the protest saw the participation of representatives from a number of different civil society organisations in the UK.

Socialist Students national organiser Claire Laker-Mansfield explained that students in the UK were shocked at the brutal treatment meted out to students in Jaffna after they tried to organise a memorial event to remember the people who lost their lives in the war. She said students in great numbers would protest the fact that students in Sri Lanka may be arrested and could be held for up to 18 months without charge, a huge transgression of democratic rights. She further said that students would also take inspiration from the courage of students standing up to such a repressive government. 

The organiser for Youth Fight for Jobs, Paul Calanan explained that young people and working class people would understand that this action by the Sri Lankan regime was nothing to do with protecting the safety of ordinary people in Sri Lanka. But it has everything to do with trying to stamp on every sign of protest. 

Rob Williams, national chair of the National Shop Stewards Network, was the next to speak. The Network organises trade unionists across the six million-strong TUC and Rob pledged to build solidarity and protest across it. He added that the links between Tory MPs, who are happy to accept hospitality from this regime with so much blood on its hands, would be exposed.

Pete Dickenson, a member of the UCU university lecturers' union pointed to the role of other brutal regimes such as that of China and explained that a united struggle of students and workers will be needed. 

Martin Powell-Davies, member of the national executive of the National Union of Teachers, has also given his support to this campaign.

Sarah Sachs-Eldridge from Tamil Solidarity appealed to the gathered people and to the neighbours of the Sri Lankan embassy to join the growing protest movement against the regime that slaughtered over 100,000 in the final phase of the war alone in 2009. 

She also explained that to fight the dictatorial regime we could have no faith in the UN or the governments across the world that represents the super-rich 1% elite. She was of the opinion that inspiration should be sought from the masses that rose up in North Africa and the Middle East and in Europe and fight for the rights of the Tamil-speaking people and all oppressed. 

 TYO-organised protest in London on 04 December 2012 in 10 Downing Street

Earlier this, TYO-UK had organised a protest on Tuesday in 10 Downing Street, London, which saw the participation of activists from different university Tamil societies. 

Thusiyan Nandakumar from the TYO-UK said “We as a nation have a right to national remembrance. The harassment and aggression of our youth, is a continuation of a systematic genocide against our nation.”

“Today, we have demonstrated that the Tamil nation continues to stand united. As they held protests in Jaffna, we the Tamil youth held protests worldwide in solidarity. Our nation is unbroken and continues to stand defiant in the face of genocide,” he added.

Minimum finance allocated for Northern Province education. Saravanabawan M.P points out.

Saturday , 08 December 2012

Resources allocated for the education in the northern province comparing with other provinces in Sri Lanka is minimum, was alleged by Tamil National Alliance parliament member E.Saravanabawan

While addressing an event in distributing chairs at the Vattucottai Hindu College main hall, he made these statements.

The function which was held on the leadership of school principal Mr.C.Thananjayan, parliament member Mawai Senathiraja, Thamilaru Party senior member Kanagasabapathi, Waligamam west divisional council Chairman Mrs.N.Iyankaran and Deputy Chairman Sajeeban attended.

Parliament Member E.Saravanabawan in his address at the even further said, the government is introducing development projects to the divisional schools in the southern Sri Lanka. Schools located in Galle, Matara and Ambantatoa districts, school developments are more compared to Colombo.

For example the national schools located in those districts, the principals are given vehicles for their personal use, but many schools in our areas are neglected.

Government does not utilize more funds to the ongoing development projects in Jaffna. Non-government organizations are absorbed more in the development projects for the Northern Province. But after completion and when it is handed over to the people, Governor and Minister will be present at the handing over event.

They show a picture as if they are giving to the people. What is government doing to the people? What is government’s investment in development projects was queried by him.

Vattucottai Hindu College Principal on his speech said, more students are undergoing studies in the science medium in the Waligamam Education zone, but the relevant resources towards their education is not sufficient.

We explained to parliament member Saravanabawan when he visited our school on the teacher’s day about our situation and brought to his attention our requirements, and within a short period, our requirements were fulfilled, for which on  behalf of the school society we thank him was mentioned him.

Saturday , 08 December 2012

More countries are now breathing down Sri Lanka’s neck and it is a good sign

By  Paul Newman   08 Dec 2012

Posted 07-Dec-2012 Vol 3 Issue 49 The Universal Periodic Review (UPR) is a process in the United Nations Human Rights Council (UNHRC) in which member countries need to review their human rights records periodically once in four years. The review would be conducted by a Troika of 3 countries. Sri Lanka’s case first came up under UPR in 2008, and the second review was conducted last month. India, Benin and Spain reviewed the performance of Sri Lanka over the past four years, during which period the carnage of Mullivaikkal took place in May 2009. At last month's UPR, 99 countires had made an overwhelming 210 concrete recommendations to Sri Lanka However, the UPR did not get sufficient attention in the media and Sri Lanka managed to get away unnoticed with the intense scrutiny it was subjected to by the international community, which is slowly tightening the noose around Colombo. The leakage of the Charles Petrie report commissioned by the UN to review the failure of the UN in protecting the civilians took the centre stage and overshadowed the coverage of the UPR. During its first review in 2008 Sri Lanka in all got 95 recommendations from 39 countries. It accepted 52 recommendations and rejected 25 others, with no clear position on 8. The very next year Sri Lanka set out on a path to destroy the Tamils, ending its military campaign with the Mullivaikal carnage in May 2009, where thousands of innocent Tamil civilians were massacred. The then mute International community has now woken up to the cruel treatment of the Tamils in the ‘war without witness’ after a series of exposes of the Sri Lankan regime’s war crimes and human rights violations in the International media. It is reflected in the participation of 99 countries in the UPR of Sri Lanka. 29 NGOs and INGOs made their submissions along with 17 joint submissions by individuals. An overwhelming 210 concrete recommendations were made by these 99 countries. Sri Lanka accepted 110 of those recommendations and rejected 100 others – which is nearly half of the recommendations made. In the history of UPR No member state has rejected these many recommendations. In all Sri Lanka rejected the recommendations of 45 countries. Some of the most concrete suggestions which were aimed at bringing about the elusive reconciliation between the country’s different ethnic groups that Sri Lanka rejected were: • Accede to the Rome Statute of the International Criminal Court (ICC) and draft a law on cooperation between the State and the Court • Accede to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment • Sign the International Convention for the Protection of All Persons from Enforced Disappearance • Fully incorporate the Convention on the Elimination of Discrimination against Women into its domestic system • Abolish definitely death penalty • Adopt the draft bill on witness and victim protection • Adopt legislation on appointments that would ensure the independence of the Human Rights Commission • Fully implement the recommendations of the LLRC, in particular steps to ensure independent and effective investigations into all allegations of serious human rights violations, in the context of Sri Lanka’s civil war and its aftermath • The US recommendations for detaching the military from civilian functions, creation of mechanisms to address cases of the missing and detained, issuance of death certificates, land reform; devolution of power; and disarming paramilitaries • To expedite implementation of reconciliation measures in the North, which would include removing oversight of humanitarian and NGO activities from the purview of Ministry of Defense, reducing the intrusiveness of military presence on civilian life in the North and setting a specific date for free and fair Northern Provincial Council elections • Adopt a national policy to provide human rights defenders with protection and ensure investigation and punishment of threats or attacks against them • Fully cooperate with United Nations Human Rights mechanisms. Create a reliable investigation commission consisting of professional and independent investigators to identify, arrest and prosecute the perpetrators of the Muttur murders • Publish the names and places of detention of all the imprisoned persons • Take action to reduce and eliminate all cases of abuse, torture or mistreatment by police and security forces • End impunity for human rights violations and fulfill legal obligations regarding accountability • Strengthen judicial independence by ending government interference with the judicial process, protecting members of the judiciary from attacks and restoring a fair, independent and transparent mechanism • Grant due process rights to all detainees held in both military and police facilities, including those held in administrative detention; disclose all unofficial detention sites; and facilitate effective and independent monitoring of detainees • Allow the International Committee of the Red Cross unrestrictive access to detention centres • Undertake measures that would allow citizens to have access to public information, in particular on alleged violations of human rights • Ensure that all human rights defenders, including individuals cooperating with UN HR mechanisms, are protected effectively from unjustified criminalization, harassment or intimidation and can perform freely their legitimate duties. These recommendations if accepted would have helped Sri Lanka in addressing issues of War crimes, Crimes against humanity and Genocide. The Eelam dream has not perished at Mullivakkal Sri Lanka is a tiny island, why should more than half the member nations of the UN make these recommendations? The participation of so many countries clearly shows that Sri Lanka is on the wrong path. Already a resolution against Sri Lanka was passed in March 2012 to mend its ways in treating the Tamils. The UPR process is to help countries to correct their past mistakes and morally accept responsibilities. It is also to usher in a new beginning through democratic processes and plan a better future. Sri Lanka by rejecting these concrete suggestions has once again proved that it is not ready to listen to the sane advice given by other UN member nations and is determined to walk on the path of self-destruction. For the Tamils, the increasing attention of the international community on Sri Lanka can only mean that a just solution to their decades’ old grievance is round the corner! (The author holds a Doctorate of Philosophy on ‘Internal Displacement and Human Rights situation in Northern Sri Lanka from Bangalore University. He was one of the four public speakers at the Permanent People’s Tribunal on War Crimes against Sri Lanka.)

Read more here: http://www.sacbee.com/2012/12/07/5039074/us-extends-waivers-on-iran-oil.html#storylink=cpy

Since end of war Government follows two path ways- Jaffna Bishop informs UN delegates

[ Saturday, 08 December 2012, 08:30.08 AM GMT +05:30 ]

Group of UN officials Japan, South Africa, Italy, United States and 13 other nations visited Jaffna Bishop House this morning.

During the time of meeting Jaffna Bishop point out since end of the war Tamil people believe democracy and reconciliation would be establish in this country. However it was unable to establish reconciliation and democracy. Separation rose among people. Necessary to create equality among people. Recent incidents at the Tamil areas create panic on government. In order to win the hearts of people and celebrate the war victory government holds various development activities in the country. This was dangerous situation it’s necessary to save the own identity. We urge the government to reduce military presence from the Tamil area. Commenting on this issue UN delegates states, we hold discussions with government and Tamil National Alliance in Colombo. At present we have visited Jaffna to monitor the physiology situation of people. We have paid special attention this regard. This group also met Jaffna GA and the governor this morning. UN delegates were disappointed over lands grabbing of Lankan government and also surprised when Tamils were not permitted to resettle in their own lands. UN envoy Palitha Kohana was also present at this meeting.

Shame on Norway for being silent on Sri Lanka: Red party leader backing Jaffna students

Bjørnar Moxnes addressing the participants of the candlelight vigil protest held in Oslo on Tuesday

[TamilNet, Saturday, 08 December 2012, 07:31 GMT]

Addressing the youth demonstrators in front of the Norwegian parliament on Tuesday, protesting the SL military atrocities committed on the Jaffna University students, the leader of the Norwegian Red Party and an elected representative of the Norwegian Council of Eezham Tamils (NCET), Bjørnar Moxnes, said: “Norway has had a special role as facilitator of the peace process till 2008. This gives us a special responsibility. Unfortunately, the Red-Green government of Norway has chosen to be very silent against Sri Lanka. This is a shame for Norway.” During this week, demonstrations showing solidarity with the Jaffna University students took place in 7 countries, Canada, Norway, UK, Australia, Switzerland, France and Germany. 

The demonstrations were participated by students who called upon the global community to immediately recognize the nation, territoriality and right to self-determination of Tamils in order to ensure their safety and democratic rights.

Speaking further at the Oslo demonstration Mr. Moxnes said: “The Red party is of the opinion that Norway should take the initiative to an independent investigation. The Sri Lankan government, which is party to the crime, could of course not be expected to investigate their own crimes. We have to take initiative to a separate UN-appointed court to indict those responsible of the crime.”

In another demonstration held at Bergen in Norway, Green Party politician Sondre Båtstrand said: “We must fight for our fellow students; a peaceful protest should be received with dialogue and discussion, not arrest. We demand that the four students who were taken prisoners be released and the students’ safety is maintained in the future."

Candlelight vigil held in Bergen, Norway

You Can’t Say Parliament Is Supreme Over The Other Two Institutions

By M.A. Sumanthiran -December 8, 2012 

M. A. Sumanthiran MP

The other issue is also one of great concern to us, that of military rule. The Hon. Member was heard to talk of the Rule of Law. We don’t want military rule in any part of the country. Be it LTTE rule or even Sri Lankan Army rule. We want civilian rule.

We don’t want the Army rule, but there is a military rule that is being imposed upon our people and that is to be avoided.

It is true that during the time that the war was on there were certain necessities, but now it is 3 ½ years later…enough time to have changed the situation. It is not necessary to continue in that high-handed fashion. We are not going to achieve any reconciliation if it goes on like this.

Coming to the Rule of Law, I want to read A.V. Dicey, ‘The Law of the Constitution’. These books are available in the library…those of you who can read, can read these things! And for your benefit I’ll read certain portions, enough for you to be able to digest for the day. And this is what it says – the principle of the rule of law:

‘The supremacy of the law of the land was not a novel doctrine in the 19th century. It may be traced back to the medieval notion that law, whether it be law ordained by God or by man, ought to rule the world.’

That is the Rule of Law and that is why our own Constitution also has very specifically, even in the preamble, talked about the Rule of Law. It says, that is a fundamental principle – the Rule of Law. It’s on that bedrock that our democracy exists.

Several mentions have been made in this House in the last couple of weeks with regard to sovereignty of the people. In our Constitution the people are sovereign. It is not the Parliament that is sovereign. It is the people who are sovereign. This is different to the British concept…it is a British concept that the Parliament is sovereign. In fact, A.V. Dicey says that in Britain, Parliament means three things; the King, the House of Lords and the House of Commons.

All these three things, together, is called the Parliament and the essence of the supremacy or the sovereignty of Parliament is that Parliament can make any law whatever and Parliament can unmake law and that is what we call the legislative supremacy of Parliament.

In this country also we have the legislative supremacy of parliament…there is no supremacy of Parliament. That’s a wrong notion. Not even in England, now. Hundred years ago that concept went out. In the 8th edition of A.V. Dicey, that was in 1855, he talked about the sovereignty of Parliament but in 1911, after the Parliament Act in the UK, in the 1914 edition, before he died, at the age of 92, he retraced it and said that the concept of Parliamentary sovereignty was outdated, and that was in 1911…hundred years ago in England. The situation had changed. But in Sri Lanka, in the 1972 Constitution, we did have the notion of Parliamentary supremacy or the legislative supremacy of Parliament. In the 1978 Constitution, for the first time, the issue of referendum was introduced.

In our Constitution we have two concepts: one is the rule of law and the other is separation of powers and as Parliament is supreme in the legislative sphere, the Judiciary is supreme in another sphere. Even in England, the concept of legislative supremacy came about through interpretation of Courts. In our Constitution, in Article 125 it has been very clearly laid out that it is only the Judiciary, and that too only the apex court, the Supreme Court, that has the sole and exclusive jurisdiction to interpret the Constitution.

When the concept of referendum was brought in the 1978 Constitution – it wasn’t there in 1972 Constitution – why was that brought in? It was brought in because the powers of Parliament were limited. Even by 2/3 majority you can’t change certain things in the Constitution. You can change it only by additionally going directly to the people and getting their consent at a referendum. That is why we have these entrenched clauses in the Constitution.

The point that I’m making is that in the 1st Republican Constitution you could make any law. You didn’t have to get the consent of the people at a referendum. But now, under the 2nd Republican Constitution that we live under, the power of the Parliament has been restricted because you can’t change or you can’t make laws contrary to certain entrenched provisions.

You have to go directly to the people because the people are sovereign, not Parliament. People have delegated their sovereignty to be exercised by three modes of governance and one has been given to Parliament, the other has been given to the President…the President has also been elected directly by the people but that does not mean that the Executive is supreme. Parliament is elected by the people, President is directly elected by the people…you can’t say Parliament is supreme over the other two institutions, merely because the Parliament is elected by the people.

These are three parallel institutions that operate under a concept of separation of powers and unless we function in that way, the whole system will collapse.

Thank you very much.”

*Text of speech made in Parliament on January 7th 2012

Fundamental rights for everyone should be ensured in Sri Lanka - European Union

We believe that the Sri Lanka government will protect the fundamental rights of students, journalists, opposition party politicians including all the people in this country.  European Union urges the Sri Lanka government; the fundamental rights of all the Sri Lankan people should be protected.

 

Judiciary affairs, human rights including the recent situation in Sri Lanka are much taken into concern by us was mentioned by the European Union.

 

European Union's Sri Lanka office in Colombo yesterday in regard to this published a statement and such contents were indicated.

 

The report further states, Judiciary affairs, human rights including the recent situation in Sri Lanka is much taken into concern by us was mentioned by the European Union. We are expecting that the Sri Lanka government will take all activities to protect the judicial of Sri Lanka

 

Meanwhile we believe that the Sri Lanka government will ensure to expedite the investigation and hold inquiries impartially regarding the death incident occurred at Welikade prison.

 

Fundamental rights of students, journalists, opposition party politicians including all the people of this country should be protected, and this will be ensured by the Sri Lanka government which we believe.

 

The local and international important activists in regard to Sri Lanka situation have shown more concern.

 

It was stated that the Asian Human Rights Organizations, Secretary of Commonwealth Nations, judges and UN special representative for lawyers’ independence are shown much concern to the recent happenings.  

Thursday , 06 December 2012

Sri Lanka is descending towards a lawless State - Global Tamil Forum

Saturday, 08 December 2012 

Issued for immediate release

Global Tamil Forum (GTF) strongly deplores the attack, by members of the Sri Lankan security forces on Jaffna University students staging a peaceful protest, on Wednesday November 28th and calls for the immediate release of four Tamil students subsequently arrested by the Terrorism Investigative Division (TID) on trumped-up charges and remain in custody.

The peaceful protest was staged after Sri Lankan military and police raided the campus and intimidated students who were commemorating Tamil Remembrance Day, the previous day. Security forces attacked the demonstrators which reportedly left many students injured with some hospitalised. The actions of the State security forces highlights the continuing oppression occurring under the militarisation of the region and reaffirms that Sri Lanka is fast descending to the civil unrest that previously triggered armed conflict on the island.

GTF supports the mass protests denouncing the security forces, which was staged in Jaffna by the key Tamil parties, supported by like-minded democratic political forces in the South, trade unions and many civil society organisations. In addition, the solidarity shown by student unions in Eastern University, Ruhuna, Peradeniya Universities in Southern Sri Lanka and Youth organisations overseas, with the plight of those at Jaffna University, underlines the desire to end the State’s repression of the Tamil people in the area.

The Government’s response has been to increase heavily armed military personnel around the Jaffna University, spurring arbitrary security checks and raising fear that there could be more arrests of University students on false charges under the sweeping powers granted to military under Terrorism laws. State authorities and security personnel have used these laws to criminalise dissent, supress politicians, human rights activists, journalists, trade unionists, restrict freedom of expression and commit human rights abuses with impunity.

This general breakdown of rule of law has been further degraded by the Government’s impeachment proceedings against Chief Justice Shirani Bandaranayake have raised concern from the United Nations, United States and the Commonwealth. Sri Lanka's parliament speaker, who is President Rajapaksa’s elder brother, rejected a Supreme Court summons to a parliamentary panel looking into the impeachment. The inherent political interference with the judiciary erodes the basic fabric of democracy.

GTF is encouraged by the US Embassy’s continuous monitoring of the prevailing situation and urge the US and other international governments to continue monitoring the situation to ensure the safe release of those Jaffna University students who were arrested.

GTF welcomes the renewed pledge from Canadian Prime Minister Stephen Harper that unless there is significant progress on political reconciliation, accountability and respect for human rights, he will not attend the CHOGM hosted by Sri Lanka in 2013. GTF believes other leaders of Commonwealth countries too should stand in solidarity with the Canadian Prime Minister in calling for significant progress on political reconciliation, accountability and respect for human rights, if the trend continues leaders must boycott CHOGM to uphold the Commonwealth charter and its values.

As the world commemorates Human Rights Day, GTF also calls upon the United Nations and the international community to remain seized of the situation in Sri Lanka; to condemn the Sri Lanka authorities’ failure to promote and protect human rights, equality and fundamental rights to freedom of expression for all its citizens; and requests that they restore judicial independence as a means to re-establish democratic governance and rule of law in the country

Tamil Women Coerced Into Joining The Military – A Statement Of Concern By WAN)

By Colombo Telegraph -December 8, 2012 

“The UN Security Council Resolution 1325 clearly states that the full participation of women is essential for the rehabilitation process in the post war situation, and women’s specific needs should be taken into account in developing a prerequisite to disarmament and demilitarization. WAN is deeply concerned about the lack of choice and decision-making power for women in the formerly war-torn areas request that the civil administration be completely handed over to civil structures as a genuine measure of the Government’s reconciliation program.” says Women’s Action Network (WAN)

Issuing a statement it says; “On November 15th, male military personnel picked up the women from their homes and transported them to the Bharathipuram camp. The first day was spent collecting detailed personal information of the women. A military function for new recruits was held on the 16th, the second day. It was only then that the women realized that they were to join the military.  Some panicked and called their families, and informed the military that they did not wish to join. The military informed them that they could only leave after the function. On the 17th the function was held inside the Army camp while some of the family members of the women protested standing on the other end of the same military camp. “

We publish below the full text of  the letter;

Women’s Action Network (WAN), as a collective of 11 women’s groups from the North and the East, is deeply concerned by the recent efforts to recruit women into the military in the districts of Killinochchi and Mullaitheevu.

Post-war development has failed to provide the most basic needs for those who live in Killinochchi and Mullaitheevu, especially the women of the area. People continue to live in vulnerable situations without sufficient security and independence, so may even lack the basics such as a safe place to sleep. After the war over 60% of families in Vanni are headed by women and they have become the primary wage earners of their families, in addition to being the main care givers in the household. Hence, women play a critical role in fulfilling social, economical and cultural needs and rights in the country.  High unemployment and the rising cost of living control the choices and women are forced to make decisions that go beyond choice. This militarised environment, including military involvement in economic activities, administration and even reconciliation, is not conducive for human development further debilitates the already fragile existence of this community.ve

As the media has highlighted in recent weeks Tamil women have been recruited to the military. While this may seem as an action in the direction towards reconciliation and inclusion, a cursory glance into the appointment process shows a lack of transparency, information and coercion. Military personnel of Mullaitheevu and Killinochchi area were involved in the recruitment process and have targeted economically vulnerable families. In some villages it has been announced through loudspeakers or they have gone in-person and in a few others they have used the GS of the area. Young women from women-headed families or families with five or more family members have been targeted in general. The greatest concern is the lack of information and informed consent. Those recruited have been informed that they would be engaging in clerical work, or with the GS, that work will only be for a few hours, and that they would be able to work in their own areas. They have also been promised a pay of Rs.30,000 per month.  Around 109 women applied and appeared for interviews. The information provided never mentioned that they will be working for the military and will have to join the military to perform these duties.

On the 05th of November 2012, the military took the women who registered their names for these jobs to the military camp in Bharathipuram in Killinochchi District. The women underwent a medical exam conducted by male military doctor and a male-nurse. All information was gathered in Sinhala, except for their names and addresses. The women were also requested to provide a letter of recommendation from GS or Justice of Peace and/or from Christian priest for Christians, birth certificate, and school leaving certificate and to hand to police in their area of residence. Subsequently, the  women who went to deliver their documents to their police who fingerprinted them. Later on military personnel visited the houses of these women and instructed to join work on the 15th of November. The military informed the women and girls that they will be in 03 month residential program to learn Sinhala and English.

On November 15th, male military personnel picked up the women from their homes and transported them to the Bharathipuram camp. The first day was spent collecting detailed personal information of the women. A military function for new recruits was held on the 16th, the second day. It was only then that the women realized that they were to join the military.  Some panicked and called their families, and informed the military that they did not wish to join. The military informed them that they could only leave after the function. On the 17th the function was held inside the Army camp while some of the family members of the women protested standing on the other end of the same military camp.

A female military officer stood next to each new recruit thus preventing the women from communicating with their families. Fathers of these women had been garlanded and the mothers were given badges with the title of ‘brave mother’. Of the 109 girls, 06 were released due to the efforts of their families. As a result, the rest of the women were permitted to meet their families without any restrictions.  As of 02nd December, mobile phones have been barred inside the camp.  The families were informed that the women have been provided with uniforms. It is obvious that the women or the families were not provided with accurate information, and therefore not allowed to make an informed choice. Moreover these activities have violated the gazette notification procedures which is required by law.

This situation raises grave concerns regarding the role of the state and the military in the lives of women, particularly from Killinochchi and Mullaitheevu, the need to provide physical fitness training and the continued militarization of the North, and the continued security of these women while in service. In two other occasions civil service appointments (Montessori teaching and working in government farms run by the military) have been given to women through the involvement of the Civil Defense Department of the Sri Lankan military rather than the relevant civilian administration bodies. The militarization of civilian administration and of the community in the Wanni raises deep questions regarding the commitment of the Sri Lankan Government in creating a society that is equal, equitable and free of violence.

The UN Security Council Resolution 1325 clearly states that the full participation of women is essential for the rehabilitation process in the post war situation, and women’s specific needs should be taken into account in developing a prerequisite to disarmament and demilitarization. WAN is deeply concerned about the lack of choice and decision-making power for women in the formerly war-torn areas request that the civil administration be completely handed over to civil structures as a genuine measure of the Government’s reconciliation program.

*PHOTO Courtesy/ AFP