Thursday, March 20, 2014

Prejudice Against UNHRC And Human Rights Is Part Of Our Problem

By Laksiri Fernando -March 20, 2014

Dr. Laksiri Fernando

There are frenzied protests organized by the supporters of the government against the impending resolution on Sri Lanka at the UN Human Rights Council (UNHRC), inside and outside the country. All these are by and large orchestrated by the government. Instead what they should have done is to negotiate the terms of the resolution diplomatically, both behind and open doors, to safeguard any national interests that might be jeopardized as a result of the implementation of such a resolution. The draft resolution allows ample opportunities for such negotiations directly by the Sri Lankan government.

Instead of negotiating themselves, the matter has completely been left for the friends of Sri Lanka, quite dubiously by the government. This is not the picture however given to the people in Sri Lanka. At the informal consultations held on the 18^th, the Russian Federation, China and Pakistan have proposed some changes to the formulations of the resolution, undoubtedly favorable to Sri Lanka, but they have not touched very much on the operational paragraphs. It is reportedly Cuba, backed by Vietnam that have objected to the key operational paragraphs, but those objections will not take the resolution or Sri Lanka anywhere.

Possible Negotiations Read More

Sri Lanka: No amount of time will allow truth, justice and accountability to be established domestically so long as rule of law is subverted

Wednesday, March 19, 2014

''From our experience we know that no amount of time will allow truth, justice and accountability to be established domestically so long as rule of law is subverted and an environment of human rights abuse and impunity prevails. In such circumstances, pursuant to its mandate to address violations of human rights, including gross and systematic violations, the Council must lose no time in instituting an international mechanism to independently investigate allegations of serious violations in Sri Lanka. Moreover, the High Commissioner’s call for investigations represents the natural progression of the Council’s efforts on Sri Lanka in the last two years. ''

19 March 2014
Open Letter to the UN Human Rights Council on Sri Lanka by South Based Civil Society Organisations
To: Member States of the UN Human Rights Council
Excellencies,

Sri Lanka No Amount of Time Will Allow Truth, Justice and Accountability to Be Established Domestically So... by nelvely

Tamil Tigers And Sinhala Tigers, Reborn

by Tisaranee Gunasekara

“Gobi…… was actively involved in reviving the LTTE through regrouping LTTE cadres and recruiting unemployed local youth with the intention of using them for acts of terrorism. …. The detention….of Mr. Ruki Fernando and Father Praveen…..were in connection with the aforesaid investigation into attempts to revive the LTTE….”

Sri Lanka’s official statement to the UNHRC

( March 20, 2014, Colombo, Sri Lanka Guardian) The first arrests came in January 2007. Others followed, in succeeding wavelets. Altogether twenty five Sinhala men were arrested by the TID (Terrorism Investigation Unit) and detained under the PTA.

Tamil Tigers and Sinhala Tigers, Reborn by nelvely

Arrest of HRDs in Sri Lanka:Repeal the Prevention of Terrorism Act (PTA) ; Charge or release all others

HC Navi Pillay is being welcomed by Vibhushika Palendran (13),
(right) who was arressed withher mother HRD Jayakumari

19th March, 2014

Statement condemning the arbitrary arrest and detention of Human Rights Defenders, Ruki Fernando, Father Praveen Mahesan, victims and their families

We, the undersigned welcome the release of prominent Sri Lankan Human Rights Defenders (HRDs) Ruki Fernando and Fr. Praveen Mahesan on 19th March 2014. We however strongly condemn their arbitrary arrest and detention by the Terrorism Investigation Division (TID) in Kilinochchi (Northern Province) on 16th March 2014. We also note, that this release was an exception to the general pattern, and was only made possible by sustained pressure and efforts by a wide range of individuals, organizations and Governments advocating with the Sri Lankan Government to secure their release.

Arrest of HRDs in Sri Lanka Repeal the Prevention of Terrorism Act (PTA) Charge or Release All Others by nelvely

Chairman Menendez Expresses Support for an International Investigation Into Sri Lankan War Crime Allegations

Salem-News.com-Mar-20-2014

"We must be united in our message to the government of Sri Lanka: the international community will remain vigilant until we see concrete and credible accountability and genuine political reconciliation."

Chairman of the prestigious Foreign Relations committee, Robert Menendez

tibet.net

(WASHINGTON DC) - Chairman of the prestigious Foreign Relations committee, Senator Robert Menendez, wrote UN High Commissioner for Human Rights, Navi Pillay to express his support for a resolution at the current session of the UN Human Rights Council that calls for an international investigation into Sri Lankan war crimes committed during that country’s civil war.

Chairman Menendez Expresses Support for an International Investigation Into Sri Lankan War Crime Allegation... by nelvely

Deconstructing The UNHRC And The Western Approach To Eelam

By Athithan Jayapalan -March 20, 2014

Athithan Jayapalan

The much anticipated 25th session of the United Nations Human Right convention (UNHRC) is unfolding in Genève, and Tamils across the world are following its proceedings vigilantly. While some elements within the Tamil polity vehemently opposed the UNHRC process others desperately hoped that engagement would yield some concessions to alleviate the plight of their nation. The question of whether to denounce it altogether or not, the UNHRC caused an unfortunate division among the Eelam Tamil diaspora, the Eelam nation on the island and the pro-Eelam agitators in Tamil Nadu, India.

In this regard the UNHR draft resolution was leaked on 03.03.2014 to the anguish of the U.S. sponsored process of reconciliation in Sri Lanka. Transcending the internal divisions the leaked draft caused a widespread disapproval from various Tamil organizations and movements across the world for its insidious project of watering down an already toothless international stand on the government of Sri Lanka (GOSL).

Furthermore the politics inherent in the U.S. led resolution upholds the unitary Sri Lankan state and denies the genocidal nature of the crimes perpetuated against Eelam Tamils. Nevertheless the resolution holds the potential if steered correctly to transcend the arising divisions caused by the UN process amongst activists. Thereby it should avail the efforts to mobilize a united front among the forces advocating Eelam.

Silencing of Genocide and National oppression Read More

Julie Bishop stalls on UN call for Sri Lanka war crimes inquiry

"We encourage all parties to take a constructive approach to assist the process of reconciliation in Sri Lanka.": Julie Bishop Photo: AP

Tom Allard-March 21, 2014

The Abbott government is resisting a push by its closest allies to establish a United Nations investigation into war crimes and human rights abuses in Sri Lanka, where Australia has returned more than 1100 failed asylum seekers in the past 18 months.

A draft UN resolution, obtained by Fairfax Media, calls on the UN Office of the High Commissioner for Human Rights to conduct the inquiry into ''alleged serious violations and abuses of human rights'' in Sri Lanka that leaves open the possibility it could lead to prosecutions, including for members of the current government.

Foreign Minister Julie Bishop confirmed Australia had not co-sponsored the resolution and wanted a motion to reflect ''progress'' in ''reconstruction and rehabilitation'' in Sri Lanka.

Australia has previously co-sponsored resolutions at the UN's Human Rights Council expressing concern on Sri Lanka's record but is understood to have exasperated the US, Canada, Britain and the Europe Union by not yet backing this one, which for the first time calls for an independent and comprehensive inquiry into the allegations.

The end of Sri Lanka's civil war in 2009 was brutal as the rebel Tamil Tigers were crushed by the Sinhalese majority government led by President Mahinda Rajapaksa, who remains the country's leader.

Sri Lanka's victorious security forces are accused of corralling civilians into no-fire zones and then launching artillery, assassinating surrendering rivals, and the rape and torture of civilians.

The Tamil Tigers are also accused of war crimes.

The UN inquiry, to be voted on next week, would investigate alleged atrocities by both sides.

Ms Bishop said the government wanted to see a final text of the resolution before deciding whether it would co-sponsor the resolution.

''Sri Lanka has made progress since the end of the violent civil war in 2009, including on reconstruction and rehabilitation and we expect this to be reflected in any final text,'' she wrote in an email. ''We encourage all parties to take a constructive approach to assist the process of reconciliation in Sri Lanka.''

Any inquiry could place Australia's policy of returning Sri Lankan asylum seekers in jeopardy. Returning asylum seekers to a country where there remains a genuine fear of persecution is illegal under international law.

Under a policy begun under the Rudd government, Sri Lankan asylum seekers are put through a stricter process to prove they are refugees, denying them access to legal advice and the right of appeal.

More than 1100 Sri Lankan asylum seekers have been returned, many forcibly, since October 2012 and that country's government boasts it has stopped 4500 more leaving its shores, in part due to intelligence, materiel and financial support from Australia.

''Australia's approach looks like capitulation to the wishes of the authoritarian Sri Lankan regime,'' Human Rights Law Centre advocacy director Emily Howie said.

MaRa law permits heroin imports in containers but prohibits speeches against it in Parliament-protests staged while MaRa in Parliament

(Lanka-e-News -20.March.2014, 3.00PM) Following protests launched by the opposition UNP M.Ps in Parliament carrying placards displaying slogans : ‘ we don’t want kudu (heroin ) Mahinda,’ and ‘Kudu , Casino , ethanol triple gem of Mahinda,’ ‘we shall grind Mahinda’s (kudu karamu) government to dust’ etc. while the President was himself in Parliament, the Parliament had to adjourn sittings for 15 minutes at 3.00 p.m. Yesterday(19).

This action was necessitated because the speaker Medamulana ChaRa (member of JaRa Bros.) prohibited the opposition to speak on the import of container loads of heroin which the government has permitted to be brought into the country . The opposition has handed over a no confidence motion on this against the government to the speaker , but the latter the Medmulana ChaRa had postponed its debate.

Meanwhile when UNP M.P. Joseph Michael Perera sought to bring a resolution under standing order 17 , this was disallowed. Prior notice ought to be given when a resolution under standing order 17 is to be tabled . However when such prior notice was given , the general secretary to Parliament , Dhammika Dassanayake, a shameless lickspittle announced that the speaker had disallowed it today.

The UNP M.Ps had to resort to this protest demonstration carrying placards because, while they were prohibited to speak and discuss this in Parliament , the representative assembly , those suspects who got down the heroin in containers after containers were permitted to escape. Even the Parliament camera was deliberately not focused on the speech of the opposition leader because the placards were being captured by the camera if it is focused on his speech. Hence the camera was focused on the barking dog in Parliament Azwar who barks daily on behalf of the regime to eat the leftovers to the exclusion of other stray dogs.

The resolution that was to be tabled in Parliament by Joseph Michael Perera under standing order 17 which the Medamulana Rajapakses obstructed is given hereunder :

2014 March 19, 2014

Hon . Speaker of Parliament

I am hereby informing that I am tabling this resolution under standing order dated 19th March 2014, Wednesday.

The government hasn’t the ability to completely wipe out the drug menace .The government has announced that it cannot identify the individuals who are involved in the drug business. As a result of this the international media had termed Sri Lanka as a hub for heroin peddling and trafficking.

The government is unable to ward off the grave threats of this drug menace.. Therefore a request shall be made to the UN drugs and crimes office to plan an anti drugs campaign within the country. In addition, to make this campaign successful , the police , Customs, attorney general’s department , tax representative offices must function sans under pressures. Moreover there should be no pressures brought to bear on the courts.

In order to ensure the independence of these Institutions, steps must be taken to implement the 17 th amendment .

Joseph Michael Perera
UNP M.P.
As this most fair and just resolution too was obstructed , the UNP M.P.s used placards with the following slogans to stage their protests :

The slogans were:

Kudu (heroin) government shall be ground to dust
Kudu packets freely available but milk packets not available
We don’t want Kudu Mahinda
Milk for his family but kekiri ( cheap vegetable) for country
Kudu, ethanol and casino are Mahinda’s triple gem.
Gota – don’t destroy our homes of the poor
Provide us with salaries commensurate with the cost of living.
Corrupt Rajapakses shall be sent home.
Let us rally together against Rajapakse oppression.
Rajapakses selling country to China.

The Geneva Debacle

by Robinhood

( March 20, 2014, London, Sri Lanka Guardian) The first two weeks of the sessions of the Geneva Human Rights Council is now over. On the 18th and 19th the UNHRC would hold two parallel meetings against Sri Lanka. In one of the meetings there would an unexpected witness appearing to give evidence regarding the war zone.

The Geneva Debacle by nelvely

‘Gobi Reviving LTTE’ And The Rajapaksa’s Game Plan: We’ll Know Soon!

By Usha S Sri-Skanda-Rajah -March 20, 2014

Usha S Sri-Skanda-Rajah

As UNHRC Warms to International Investigation the Spurious Case of Gobi Appears and Rajapaksa’s ‘Game Plan’ is Revealed

The mysterious appearance of Gobi and Jeyakumari‘s incarceration in Boossa under the Prevention of Terrorism Act (and the fact her daughter Vibushika has been placed in the custody of Probation and Child Care Services ) is part of the Rajapaksa government’s ‘game plan’ to once again use the “terrorism” ploy, an escape mechanism, by which it thinks it could continue to enjoy impunity for Genocide.

Sri Lanka War Crimes Investigation Part 2

With UK’s position clear as crystal and the revised 2nd draft now for discussion warming to an international investigation (HRC25 draft op8), the Sri Lankan government is playing out a drama that is typical of its deceitful behavior, introducing a red-herring with the appearance of the spurious case of Gobi, to divert and even wiggle out of, so it thinks, from international scrutiny that may lead to serious charges of mass atrocity crimes allegedly perpetrated by Sri Lanka’s political and military leaders and most surely the high-flying members of the ruling Rajapaksa clan including its President. Read More

Sri Lankan government amplifies its ‘dirty tactics’ during UN session

Since the end of the conflict in May 2009, the government under President Mahinda Rajapaksa has pursued a crackdown on its critics.

MARCH 19, 2014

Since the end of the conflict in May 2009, the government under President Mahinda Rajapaksa has pursued a crackdown on its

critics.

“

Sri Lanka must put an end to the campaign of intimidation and dirty tactics against outspoken human rights defenders, journalists, lawyers and families of the disappeared

”

Peter Splinter, Amnesty International Representative to the United Nations in Geneva

“

While it’s positive that the human rights defenders Ruki Fernando and Father Praveen Mahesan have been released, the world must not be fooled. The fact remains they should never have been arrested in the first place. The Sri Lankan authorities must stop repressing critical voices and ensure the safety of all those who peacefully express inconvenient truths about the country’s post-war human rights situation

”

Peter Splinter

The Sri Lankan government’s ongoing dirty tactics to silence and smear dissidents are a brazen attempt to deflect criticism as the country faces fresh scrutiny at the United Nations Human Rights Council in Geneva, Amnesty International said today.

The Council is due to vote next week on a resolution calling for an international investigation into alleged war crimes and crimes against humanity in Sri Lanka during the protracted and bloody internal armed conflict with the LTTE (Tamil Tigers). Since the end of the conflict in May 2009, the government under President Mahinda Rajapaksa has pursued a crackdown on its critics.

“Sri Lanka must put an end to the campaign of intimidation and dirty tactics against outspoken human rights defenders, journalists, lawyers and families of the disappeared,” said Peter Splinter, Amnesty International Representative to the United Nations in Geneva.

The hasty release of two prominent human rights activists yesterday after their detention on 16 March is a welcome development, the organization said. But behind their case are a number of other peaceful activists who have been detained in recent months in a bid to stamp out dissent.

“While it’s positive that the human rights defenders Ruki Fernando and Father Praveen Mahesan have been released, the world must not be fooled. The fact remains they should never have been arrested in the first place. The Sri Lankan authorities must stop repressing critical voices and ensure the safety of all those who peacefully express inconvenient truths about the country’s post-war human rights situation,” said Peter Splinter.

Ruki Fernando of the Colombo-based NGO INFORM and Father Praveen Mahesan, a Catholic priest, were released on 18 March after being arrested in Kilinochchi two days earlier. They were believed to be detained without formal charges under Sri Lanka’s draconian Prevention of Terrorism Act (PTA).

In a diplomatic note circulated to UN member states’ permanent missions in Geneva on 18 March, the Sri Lankan government sought to portray the two as engaging with people who were trying to revive the LTTE armed group in Sri Lanka. Reports also cite Sri Lankan officials as saying that the two men were arrested for supplying “false information” about the human rights situation in northern Sri Lanka to damage the country’s reputation at the UN.

“These are preposterous allegations, and they show the lengths to which the Sri Lankan government will go to bury the truth and sully the names of its critics. Using the world stage to smear peaceful rights activists puts Sri Lanka in the company of a small club of repressive authoritarian states,” said Peter Splinter.

“Instead of taking measurable steps towards ensuring justice for the victims of human rights violations, the Government of Sri Lanka continues to wage an aggressive campaign against those advocating for accountability and human rights.”

Amnesty International has also received particularly disturbing reports that Sri Lankan intelligence forces may have created a special unit to monitor those suspected of conveying information to the UN. These allegations should be of concern to all UN member states.

The organization urges Sri Lanka to correct the disinformation that it has spread about Ruki Fernando and Father Praveen Mahesan, ensure their safety and respect their and others’ work as human rights defenders.

WORLD/SRI LANKA: Chaos and order in the country reviewed in the context of the draft resolution before the Human Rights Council

March 20, 2014

The draft resolution which is soon to be debated

can be looked at within a wider perspective from the point of view of the chaos that resulted from insurgencies and counter-insurgencies in all parts of the country since 1971, and by looking more closely into the reestablishment of order within a framework of the rule of law in Sri Lanka. Petty quarrels and squabbling could be set aside for a moment when all Sri Lankans, as well as the international community have a chance to reflect on the more vital issues of stability in the country in the light of a comprehensive approach for transitional justice proposed by the draft resolution which has given rise to a worldwide debate. While the world’s premier forum on human rights matters, the United Nations Human Rights Council, debates this issue all concerned persons also have the occasion to contribute to the debate.

WORLD SRI LANKA Chaos and Order in the Country Reviewed in the Context of the Draft Resolution Before the H... by nelvely

Oops … Gota Ordered To Delete The Libelous Statement On Activists

(March 19, 2014, Colombo, Sri Lanka Guardian) The official website of the Minstry of Defence (MOD) has deleted libelous statement on Ruki Fernando and Fr. Praveen, posted in this morning.

The webpost based on the lead story of the State own newspaper, the Daily News published yesterday while quoting the Sri Lanka Army, spokesman.

Lt. Col. (Rtd), Nandasena Rajapaksa also known as Gotabhaya Rajapaksa, the Defence Secretary, is the chief instructor of this website.

Here is the post on the MOD site, which has taken out in this morning.

'Ruki Fernando and Fr, Praveen have never been prominent activists of the National Peace Council (NPC)

NATIONAL PEACE COUNCIL TIGER LINKS BARED -

Prominent NPC activists in TID custody -Close contacts with LTTE faction trying to revive Eelam”

WORLD/SRI LANKA: A human rights defender illegally detained and held without charge

A VERY SPECIAL APPEAL-March 20, 2014

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Ms. Balendran Jayakumari and her daughter Vithushaini (13) both were arrested on 13 March 2014, by officers attached to the Kilinochchi Police Station. Jayakumari has been active in the search of disappeared persons, including members of her own family for several years. She has incontrovertible proof that her son was in the detention of the army but all attempts to learn of his whereabouts or obtain his release have been ignored by the government. It is believed that her arrest is due to the evidence that she holds over the government.

Although it is reported that Vithushaini has been released Jayakumari remains in detention.

This is yet another example of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC) Ms. Balendran Jayakumari and her daughter Vithushaini (13) both were arrested on 13 March 2014, by officers attached to the Kilinochchi Police Station. Although it is reported that Vithushaini has been released Jayakumari remains in detention.

Balendran Jayakumari of No: 5 Musalumpitty, Pullium Pokkanai, Tharmapurum, Killinochchi District was living in the Indian Housing Scheme of Tharmapurum with her daughter Vithushaini who is 13 years of age. Her husband disappeared during the armed conflict in Sri Lanka between the Liberation Tigers of Tamil Eelam and the government.

Read More…

Sri Lanka: Leader of the oppostion Ranil writes to EC on blatant violations of election law

Thursday, March 20, 2014

EC needs to take action - Ranil W

Opposition leader Ranil Wickremesinghe, in a letter to elections commissioner Mahinda Deshapriya today (19), lodged a strong protest against the blatant violation of election law by all sections of the state media and some private institutions. Pointing out that the law regarding election campaigning is very clear, the opposition leader said it is the duty of the Commissioner of Elections to control all matters in respect of elections including election campaigns. “Coverage by the Radio or Television of speeches and views expressed by the President and Prime Minister or Ministers should be treated as a coverage given for the political party to which he belongs and therefore leaders of rival political parties contesting elections should be given similar programmes.

The print media should similarly provide equal space and priority to all the contesting political parties and independent groups in publishing special discussions/reporting of campaign meetings,” says the letter.

Text of the letter:

March 19, 2014

Mr. Mahinda Deshapriya
Commissioner of Elections

Media Coverage of Election Campaign – Blatant Violation of Election Law

I write further to the letter dated 13/3/2014 addressed to you by the General Secretary of the United National Party.

While lodging a strong protest against the blatant violation of election law by all section of the State Media and some private institution, at the very outset I wish to point out the law regarding election campaigning is very clear, and it is your duty as the Commissioner of Elections to control all matters in respect of elections including election campaigns.

The media (Daily Mirror 18/3/2014 page 1) reports the Media Ministry Secretary and also the Director General of Information having taken up the position that the President had every right to participate at state events as the Head of State.

I note that you yourself have disagreed with this position.

Perhaps these two gentlemen are not aware that the President is also the Head of a Political Party which is the contesting at the current Provincial Council Elections.

When participating in so called “State Functions” the President during this period is not addressing the gathering as the President but as a head of a political party as part of that party’s election campaign.

In this context, it will be relevant to quote from the guidelines issued by you in this connection.

“10. Coverage by the Radio or Television of speeches and views expressed by the President and Prime Minister or Ministers should be treated as a coverage given for the political party to which he belongs and therefore leaders of rival political parties contesting elections should be given similar programmes. The print media should similarly provide equal space and priority to all the contesting political parties and independent groups in publishing special discussions/reporting of campaign meetings. Although it is not possible to provide equal air time and space in the newspapers when there is a large number of parties and independent groups, any party, independent group or a candidate should not be given special favours in air time or in the print media to promote its or his/her election or to cause any disadvantage to a party, independent group of any candidate.”

It is also a matter of note that there is nothing in the Constitution entitling the President to obtain media coverage as a matter of right.

The President and his party are also seen using state resources, such as helicopters and the like for which we are reliably informed no payment is made.

It is our position therefore that every instance of media coverage of the President during the period of elections should be matched by equal coverage for me as the Leader of the Opposition.

I trust you will take note of this and take necessary action in the circumstances to ensure a free and fair election campaign.

Ranil Wickremesinghe, MP

Leader of the Opposition