Sri Lanka: ‘Bait and Switch’ on Emergency Law

 Sri Lanka: ‘Bait and Switch’ on Emergency Law

SEPTEMBER 7, 2011

RELATED MATERIALS: 

Legal Limbo

Recurring Nightmare

The Sri Lankan government announced that the state of emergency is over, but it is holding on to the same draconian powers it had during the war. Governments that have called for the repeal of the emergency powers should not be fooled by this cynical "bait and switch."

Brad Adams, Asia director at Human Rights Watch

(New York) – Emergency regulations lifted in Sri Lanka do not affect existing and new laws that allow the government to detain people for long periods without trial, Human Rights Watch said today.

The Sri Lankan parliament, at the request of President Mahinda Rajapaksa, allowed emergency regulations in place nearly continuously since 1971 to expire on August 31, 2011. However, the 1979 Prevention of Terrorism Act (PTA) and other laws and regulations permitting detention without charge for up to 18 months leave an abusive detention regime in place, Human Rights Watch said. And proposed legislation will allow the authorities to continue to detain more than 6,000 people now held under emergency regulations

 Full Story>>>

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New proclamation for military deployment

THURSDAY, 08 SEPTEMBER 2011 
By Kelum Bandara and   Yohan Perera
Three forces in all districts to maintain law and order
Govt. rejects call for removal of PTA and PSO

A week after the lifting of emergency regulations, the government yesterday issued a new proclamation under the Public Security Ordinance allowing for the deployment of the army, navy and air force in addition to the police for the maintenance of law and order in all districts of the country.

Deputy Speaker Chandima Weerakkody read out the gazette notification issued by President Mahinda Rajapaksa under the Public Security Ordinance.

by President Mahinda Rajapaksa under the Public Security Ordinance.

United National Party MP Dayasiri Jayasekara took the government to task over the new proclamation and said in this context the lifting of emergency regulations was merely eyewash.

Read more..

    

Jaffna University students agitate against ‘grease devils’

[TamilNet, Thursday, 08 September 2011, 05:45 GMT]
Openly accusing Sri Lanka government and its military for staging the ‘grease devil’ attacks on Tamils and Muslims of the North and East, and especially their women, the agitating students of the University of Jaffna called upon the International Community to take note of what is happening. More than a thousand students of the university with full support of the Teachers Union and Employees Union of the university staged the demonstration on Wednesday. Even animals resist when they are attacked, but we don’t have even that freedom against the cowardice ‘grease devils’ set by SL government with ultimate intentions of continued genocide, the demonstrators raised voices. It was a major demonstration in Jaffna in the last couple of years, news sources said. 

Students of various departments of the university came out of their classes by 11AM Wednesday, assembled inside and demonstrated for an hour. Later they went to the main entrance of the university facing road and demonstrated there holding placards.

The demonstration was participated by both Tamil and Muslim students together and was attended by representatives from the Vavuniyaa campus of the university.

Many students were found with covering their mouths with black cloths.

The demonstrators were openly raising slogans against Gotabhaya Rajapaksa and Sri Lanka Army for staging the ‘grease devil’ attacks.

Such attacks don’t take place in the South. They are specifically against Tamils and Muslims in the North and East, the demonstrators said.
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SRI LANKA: Battles ahead for women

humanitarian news and analysis
a service of the UN Office for the Coordination of Humanitarian Affairs

Women in a vegetable plot they started
ALLANKULAM, 8 September 2011 (IRIN) - More policies and programmes must address the needs of female-headed households in Sri Lanka's former conflict zone, experts say.

"Most programmes don't take into account the unique role of women here," Saroja Sivachandran, director of the Center for Women and Development (CWD), an advocacy body based in northern Jaffna, told IRIN.
"They may be providing for the families, but [women] still have to cook, look after children and do all household chores."
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Reconciliation, a Political Settlement and the “Grease Devil”

 *groundviewsjournalism Forcitizens

8 Sep, 2011

 Tissa Vitharana eats the President’s cake, courtesy Dinamina.

Extremist Sinhala nationalists within the parliament and outside who do not believe that the minority communities have or ever had any grievances see no reason why there should be a political settlement. As Basil Rajapaksa has pointed out if the TNA (Tamil national alliance) thinks it has a mandates for devolution of power, then the president has a bigger mandate from the South not to devolve power. The Defence Secretary, Gothabya Rajapaksa, the most important policy maker in the country today has flatly denied the need for a political settlemet. According to him since the LTTE has been exterminated there is no need for devolution; the present constitution is more than enough for all communities to live in peace. President Mahinda Rajapaksa himself doesn’t appear to be very keen on a political settlement.  He played around with the APRC for almost four years and then discarded the report if produced after numerous sittings. Now it seems it’s time to hide behind a Parliamentary select committee. As a senior university lecturer Sumanasiri Liyanage points out, “what is clear is that the government is not honest and genuine in dealing with the TNA and is trying to drag the discussions without making a genuine effort to reach a consensus. What has been revealed so far shows clearly that the government is not serious about resolving the Tamil National question”. Referring to the government’s lack of commitment, Dr. Pakiasothy Saravanamuttu says the APRC and PSC are only ruses to pass the buck, buy time and appease the international community.
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08-Sep-2011

Indian Assistance to Sri Lanka for Rehabilitation and Reconstruction – Few Reflections

Guest Column by V. Suryanarayan and Ashik Bonofer

Students of contemporary South Asian history are aware of the fact that the Government of India has responded favourably and spontaneously to any appeal for assistance by the Sri Lankan Government to tackle its domestic problems. Two illustrations are in order.  

Full Story

The challenge of sustainable peace in Sri Lanka

07/09/2011

Sustainable peace and minority rights are still a challenge two years on from the end of the conflict in Sri Lanka which lasted more than 30 years. That’s the view of Bishop Norbert Andradi, secretary of the Catholic Bishops’ Conference of Sri Lanka.

In a recent speech marking the 40^th anniversary of the Centre of Society and Religion in Columbo, the Bishop said “there is a certain inability to accept that this is a multi-language, multi-religion and multicultural society”.

Lydia O’Kane spoke to Bishop Andradi about the challenges the country faces and his hopes for lasting peace.

He told her that “ we continue to hope and it’s a very arduous process but we need to move ahead with all this”. Listen  
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 Sri Lanka to respond to Amnesty International report 'appropriately'

Wed, Sep 7, 2011

Wed, Sep 7, 2011, 07:31 pm SL Time, ColomboPage News Desk, Sri Lanka.

Sept 07, Colombo: Responding to a report released Wednesday by the Amnesty International (AI) on Sri Lanka's Lessons Learned and Reconciliation Commission (LLRC) the Sri Lankan government said it will respond to the report appropriately after carefully studying it.

The External Affairs Ministry official has said that since AI is an independent body it can put out any reports as they wish.

"AI is an independent body and can put out any reports that it wishes. After having looked at the report carefully we will respond appropriately," a Ministry official has told local media.

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CPI(M) asks govt to address plight of Sri Lankan Tamils

07/09/2011
New Delhi, Sep 7 (PTI) Voicing concern over the plight of Tamils in Sri Lanka post the conflict, the CPI(M) today asked the government to play a more active role in rehabilitating and relocating them as per India''s commitment under the peace accord between the two countries.
The demand was made through a memorandum submitted by a CPI(M) delegation to Finance Minister Pranab Mukherjee.
"It has been two years since the end of the conflict in Sri Lanka. But still the problems of Tamils in Sri Lanka have not been resolved. Their conditions have worsened according to various reports, including the one conducted by the United Nations," CPI (M) politburo member Sitaram Yechuri, who was part of the delegation, said.
Presenting a detailed memorandum to Mukherjee in the absence of the Prime Minister, who is currently on a visit to Bangladesh, the party leaders asked the Centre to play an active role in resolving the issues of Sri Lankan Tamils.
"The government must play a much more active role... it is committed, as there is an Indo-Lanka accord. We are committed to the fact that proper political devolution of autonomy to the Tamil populated North and Eastern regions of Sri Lanka must be evolved. It has long long been delayed.
"But right now, on humanitarian grounds, we want immediate relief, relocation of the Tamil population if their homes and huts have been destroyed and rehabilitation of the Tamil people," Yechury said.
Scores of people, including some CPI(M) leaders from Tamil Nadu, today staged a dharna at Jantar Mantar to press for the demands of Sri Lankan Tamils, said Yechuri.
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Strict Action Against Child Molesters

Wednesday, September 07, 2011

Education Minister of Sri Lanka Bandula Gunawardena says President Mahinda Rajapaksa has ordered strict action against the persons involved in sexually molesting a student in an examination center in Matara.

Gunawardena has told parliament that instructions had been given by the President on action to be taken against the examination officers at ministerial level and the legal action to be instituted against them as well.

The Minister has made the comment in response to a question posed by UNP parliamentarian Buddhika Pathirana.

A 10 year old girl in Thelijjawila, Matara had reportedly been sexually molested by an air force deserter and two examination officers who were on duty for the GCE A/Level examination.

Rajapakse regime headed directly for an armed Force administration

Wednesday 7 of September 2011

Armed forces summoned for all districts: This did not prevail even during the war period

At the discussion on the motion in Parliament to express thanks, the chief whip Nimal Siripala De Silva said , the prevention of terrorism Act (PTA) and the national security Act are vital for administration by the Govt. Though there is no terrorism in the country , terrorism in the zones is not over yet , the PTA and the National security Acts are therefore essential . In case there arises a situation like in 1971 or 1988- 1989 in the country , the PTA is important to curb and control it , he pointed out.Armed forces summoned for all districts: This did not prevail even during the war period(Lanka-e-News -07.Sep.2011, 11.45P.M.) By virtue of the powers vested in the President , the latter had in a letter notified the Parliament today that under the Public security Act section 12, he is summoning the members of the armed forces in its entirety for active service in all administrative districts of the Island. In the letter addressed to the Speaker , the President had stated he is taking this action to stop terrorism and people’s rebellion of any kind taking effect. The Deputy speaker presented this letter to the Parliament when it met today.

This kind of active army administration in all districts did not prevail even during the war period. Instead of conferring the true benefits on the people following the lifting of the emergency , the police powers were transferred to the Forces to give effect to an administration of the forces . Hence, the motion brought in Parliament to thank the President for withdrawing the emergency at the time when this administrative order is being given by him is an ill fated occurrence.
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Top Chinese legislator meets Sri Lankan PM, Samoan vice PM

Wu Bangguo (R), chairman of the Standing Committee of the National People's Congress of China, meets with Sri Lankan Prime Minister D.M. Jayaratne, who is here to attend the opening ceremony of the 15th China International Fair for Investment and Trade, in Xiamen, southeast China's Fujian Province, Sept. 7, 2011. (Xinhua/Li Xueren)

XIAMEN, Sept. 7 (Xinhua) -- Top legislator Wu Bangguo met with Sri Lankan Prime Minister D.M. Jayaratne and Samoan Vice Prime Minister Fonotoe Pierre Lauofo on Wednesday in southeast China's coastal city of Xiamen. The two foreign leaders came to the city to attend the 15th China International Fair for Investment and Trade (CIFIT).     Full Story>>>
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Living with HIV in Sri Lanka: Reflections from ICAAP10 in Busan, Korea

 *groundviewsjournalism Forcitizens

World AIDS Day, 2010, One Voice – SARYN

We were in Busan, Korea last week, where S, a young man living with HIV, and I were presenting at the International Conference on AIDS in the Asia and Pacific on how the People Living with HIV Stigma Index had helped empower a local community that is marginalized and often forgotten in the response to HIV and AIDS in low prevalence countries like ours. In truth, I have begun to question if people living with HIV in Sri Lanka matter at all. Those who come forward are often poor; from rural communities that no longer want them (especially if their status is known) or from towns that are not large enough for them to be invisible in or hide in the shadows (especially if their status is known). Is their status known? Surely confidentiality is preserved in rural and provincial Sri Lanka? Nurses and ward staff and gardeners and cleaners are trained not to talk about who visits the STD clinic, or whose HIV test came back positive, no?

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SRI LANKA: INQUIRY INTO ARMED CONFLICT FUNDAMENTALLY FLAWED

The cycle of impunity continues in Sri Lanka two years after the end of the conflict

7 September 2011

The Sri Lankan government's inquiry into the country's civil war is fundamentally flawed and provides no accountability for atrocities, according to a new Amnesty International report.

When will they get justice? exposes the shortcomings of the inquiry, the Lessons Learnt and Reconciliation Commission (LLRC). These include its failure to properly pursue allegations of war crimes and crimes against humanity levelled against both government forces and the Liberation Tigers of Tamil Eelam (LTTE).

"The Sri Lankan government has, for almost two years, used the LLRC as its trump card in lobbying against an independent international investigation. Officials described it as a credible accountability mechanism, able to deliver justice and promote reconciliation. In reality it's flawed at every level: in mandate, composition and practice," said Amnesty International's Asia Pacific Director, Sam Zarifi.

Amnesty International

Thousands of victims of Sri Lanka's brutal conflict have yet to receive justice

Full Story>>>

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Amnesty: UN Should Investigate Sri Lankan War Crimes

Wednesday, 7 September 2011

Amnesty International is urging the United Nations to establish a credible investigation into war crimes allegedly committed in Sri Lanka during the final phases of the country's civil war in 2009.

The London-based watchdog said Wednesday that Sri Lanka's official inquiry into the matter is “seriously flawed” and “falls short of international standards.”

The country's 26-year civil war ended in 2009 when government forces defeated Tamil Tiger rebels. Both sides are accused of committing war crimes, but Amnesty says most civilian casualties in the final phases of the war were caused by government shelling.

In May 2010, Sri Lankan President Mahinda Rajapaksa announced a national commission to investigate the allegations. The “Lessons Learnt and Reconciliation Commission” is set to report its findings to the government this fall.

But Amnesty says the commission is unlikely to deliver justice for the “tens of thousands of victims of war crimes,” saying that the investigation has so far made no recommendation for bringing individuals to justice, and has failed to protect Sri Lankans who offer testimony.

The U.N. Human Rights Council is expected to discuss Sri Lanka at a three-week session starting on Monday. The U.N. panel previously labeled the commission “inadequate.”

Sri Lanka's government has denied the allegations of war crimes, saying that civilian deaths were impossible to avoid altogether, given the magnitude of the fighting and the “ruthlessness” of the opponent.
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Amnesty report: Sri Lanka's civil war panel 'flawed

BBC 

News South Asia

A government inquiry into Sri Lanka's civil war is "flawed at every level", providing no accountability for atrocities, says a new report.

The commission has not properly pursued allegations of war crimes committed by the army and Tamil 

Tiger rebels, says the Amnesty International report.

The rebels were defeated in 2009 in a hard-fought end to their two-decade separatist war.

The government has yet to respond to the allegations.

But it has repeatedly argued that its forces behaved with complete discipline in the last months of the war.

It has also dismissed the idea of an international inquiry into the latter stages of the conflict as a waste of time.
The Amnesty report says it exposes the shortcomings of the inquiry carried out by Sri Lanka's Lessons Learnt and Reconciliation Commission (LLRC).

Both sides are accused of widespread shellings of civilian areas during the war

Full Story>>>

Amnesty seeks int'l probe on Sri Lanka war crimes

By Stephanie Nebehay

GENEVA | Wed Sep 7, 2011 6:41pm IST

(Reuters) - Between 10,000 and 20,000 civilians were killed in the final months of Sri Lanka's civil war but a national inquiry has failed so far to investigate war crimes by both the army and Tamil rebels, Amnesty International said on Wednesday.

The London-based human rights group called on the United Nations to establish a credible international investigation into the killings at the end of the quarter-century conflict in 2009. Full Story>>>
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THEREBY HANGS A TALE

Wednesday , September 7 , 2011

The inordinate delay in deciding on the mercy petition of death row convicts benefits no one, argues Hemchhaya De

noose views: A recent protest against the rejection of the clemency petition of Perarivalan, Murugan and Santhan The short stay on the execution of death row convicts Perarivalan, Santhan and Murugan who were involved in the assassination of Rajiv Gandhi in 1991 has become an occasion to revisit the old debate on whether or not capital punishment should be outlawed in India. But one pertinent question that must also be asked here is — given that death sentences continue to be awarded in our country, why does it take so long to execute them? Some legal experts believe that if the system cannot function without such delays, it would only be just and humane to commute the punishment to life imprisonment.                             Full Story>>>