Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, October 15, 2011

Giving the middle finger: Sri Lanka’s conflicting responses to war crimes allegations

Missed the film?Launch Screen  

Mr. A Nawan, Deputy Solicitor General of Sri Lanka

This symbolic screen grab is from a short video on Channel 4′s website, on the occasion of screening in Geneva a one-hour documentary into the denouement of the war in Sri Lanka. AsChannel 4′s website notes,   Full Story>>>
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Bharatha Lakshman’s murder – only a symptom, the disease is much more acute and dangerous…

Vishnuguptha | Published on October 13, 2011

LANKA STANDARD 

“Anyway, no drug, not even alcohol, causes the fundamental ills of society. If we’re looking for the source of our troubles, we shouldn’t test people for drugs, we should test them for stupidity, ignorance, greed and love of power.”- P. J. O’Rourke American political satirist
Only a symptom
What happened on the afternoon of the Election Day, Saturday, October 8, 2011 is a tragedy. For all murder is tragedy, bar none. Who gets killed is someone’s sibling, someone’s parent, son or daughter. Taking a human life is a sin. The tragedy is for the living, the dead are dead and gone. But

When the then leader of the Opposition, J R Jayewardene raised this matter in Parliament soon after the MPs were sworn in, Prime Minister Mrs. Bandaranaike gave the most bizarre answer, unbecoming of the high office she held. This lady of the Kandyan-Govigama-Radala-Buddhist upbringing answered with a deadpan face in that august assembly, the Temple of the People’s Will, “We should allow our people to celebrate this historic victory”. So the killings and destruction continued, at least for another two weeks. These are the forces that S W R D Bandaranaike unleashed in 1956-Sanga, Veda, Guru, Govi, Kamkaru! The flag bearers of the Land, the Race and the Faith(Rata, Deya Samaya)
Duminda and Baratha
The “Mervin Silva syndrome” that has crept into the society in general and into government ranks particularly seems to have taken root. Open and uninhibited acquaintances that the highest in the land shows towards this petty thug of a politician are repulsive. Time after time this unbalanced man has insulted the basic intelligence of man and come out unscathed. Moreover, the accolade that he receives from the Buddhist clergy is even more appalling. Before him even great men and women seem to shudde.

J.R.Jayawardena

Excerpt: Voice of the newest in Canada One woman’s journey from Sri Lanka to Canadian MP

By Adrienne Clarkson, The Ottawa Citizen October 14, 2011







Adrienne ClarksonAdrienne Clarkson

Photograph by: CHRIS WATTIE, REUTERS

In her new book Room for All of Us, former governor general Adrienne Clarkson profiles individuals who, like herself, “came out of cataclysm and catastrophe not out of our own making and found ourselves almost thrown into Canada.” She tells often harrowing stories of their journeys to this country and then recounts how they have enriched the Canadian fabric. The following excerpt was adapted from Clarkson’s profile of Ontario MP Rathika Sitsabaiesan.
The young woman with the brilliant white smile has an early memory of her grandfather’s house in the middle of a mango grove surrounded by the rich greenery of an equatorial landscape. I have searched her out because she has just accomplished something extraordinary: she became the first person of Tamil origin to be elected to the House of Commons, representing the Ontario riding of Scarborough–Rouge River.
Read more

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Rathika Sitsabaiesan - 

Tamil speech in Canadian Parliament

Canada to press Sri Lanka on abuses Harper threatens to boycott 2013 meeting of Commonwealth


Liam Fox is gone: Sri Lanka's lost a friend

 Jonathan MillerFriday 14 October 2011
Jonathan Miller

Foreign Affairs Correspondent
In the wake of Dr Fox's resignation, foreign affairs correspondent Jonathan Miller reveals the links with private interests that allowed Dr Fox to run what some called 'a shadow foreign policy'.
Liam Fox resigns as Defence Secretary (Reuters)
So why did Liam Fox jump now, having toughed it out for days? Was it the growing revelations about how his friend Adam Werritty was funded?
Or was it the threat of even more damaging revelations concerning the Defence Secretary himself?
Channel 4 News has found evidence suggesting that a trust fund which Dr Fox claimed this week to have ‘created’ was actually set up and funded by a London-based corporate intelligence company. The firm, G3, counts major defence contractors – including British Aerospace – among its stellar client list. 

Friday, October 14, 2011

US Court authorizes use of TamilNet to serve Rajapakse

TamilNet[TamilNet, Friday, 14 October 2011, 02:22 GMT]
In a precedent setting order issued by the District Court of District of Columbia Thursday on the case against Sri Lanka's President Rajapakse filed by three Tamil plaintiffs, Judge Kotelly authorized service by "posting the full summons and complaint on the main page of the TamilNet website," and by publication in two Sri Lankan newspapers. Legal sources in Washington said that Rajapakse being haled into a US court to answer charges of complicity in the extra-judicial killings of plaintiffs relatives is imminent. 

Judge Kotelly in her short opinion leading to the order said, '[h]aving evaded service in person and refusing service under the international agreement [Hague Convention] established for the purpose of service of process on international defendants, “it is not reasonably possible or practicable to give more adequate warning” to Defendant [Rajapakse] than service by publication.
Bruce Fein, in responding to the Court order said:

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Galleon Chief Sentenced to 11-Year Term in Insider Case

The New York Times
OCTOBER 13, 2011,BY PETER LATTMAN
John Marshall Mantel for The New York Times      Raj Rajaratnam left federal court in Manhattan on Thursday.

The fallen hedge fund billionaire Raj Rajaratnam received the longest prison sentence ever for insider trading on Thursday, capping an aggressive government campaign that has ensnared dozens and may help deter the illegal use of confidential information on Wall Street.
Judge Richard J. Holwell of Federal District Court in Manhattan sentenced Mr. Rajaratnam, 54, the former head of the Galleon Group hedge fund, to 11 years in prison. A jury convicted Mr. Rajaratnam of securities fraud and conspiracy in May after a two-month trial.  
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Defence Secretary Liam Fox quits

Key moments over the last seven days that proved fatal to Liam Fox's career in front line politics


Defence Secretary Liam Fox has resigned after a week of pressure over his working relationship with friend and self-styled adviser Adam Werritty.
Mr Fox was being investigated amid claims he broke the ministerial code.
In a letter to David Cameron, Mr Fox said he had "mistakenly allowed" personal and professional responsibilities to be "blurred".
Mr Cameron said he was very sorry to see him go. Transport Secretary Philip Hammond will replace Mr Fox.
Labour said Mr Fox had not upheld the standards expected of ministers and his departure had been "inevitable".       Full Story>>>

BREAKING NEWS: US Court grants permission to serve summons on Rajapakse via Tamilnet

Protesters to march at Commonwealth Heads Of Govt Meeting





PERTH BOUND: Britain's Queen Elizabeth II speaks during the opening ceremony of the Commonwealth Heads of Government meeting (CHOGM) in Port-of-Spain, 2009. Protesters plan to march when CHOGM opens in Perth. Picture: AP Source: PerthNow
CHOGMPROTESTERS say they will target "war criminals and parasites'' among Commonwealth leaders meeting in Perth in two weeks' time.
But they insist they are planning only non-violent action, a protest spokesman says.


More than 50 leaders of Commonwealth nations are expected at the October 28-30 Commonwealth Heads of Government Meeting (CHOGM), to be officially opened by the Queen.


The CHOGM Action Network, a coalition of activist groups, is planning a march to the CHOGM venue at the Perth convention centre on the first day of the summit, and has told police it is expecting 1000 marchers.


Spokesman Alex Bainbridge said the protest theme was "justice and climate action, not racism and war'' and protesters hoped to get as close as possible to Commonwealth leaders to get their messages across.
Aboriginal rights, freeing detained asylum seekers, ending the war in Afghanistan and promoting renewable energy would be highlighted during a number of protest events, he said.

Mr Bainbridge told AAP that protesters would also target a range of injustices in Commonwealth countries, some of which were led by "war criminals and parasites''.

He said such leaders would be "sleeping in five-star hotels while homeless people in Perth are going to be kept out of sight, out of mind''.

He claimed British Prime Minister David Cameron had been "a social vandal'' during his time in office, slashing social services "to pay off the millions of dollars handed out free to banks''.

"They are looking after the interests of the corporate rich and they're not looking after the interests of ordinary people, they're not looking after the 99 per cent,'' he said.

Mr Bainbridge said his group had met with police and were working out an agreed route for the protest march that would allow them to pass close by the CHOGM venue.

"I don't have any complaints about the behaviour of the police in our negotiations with them, you could almost say (they are) helpful,'' he said.

"We've made it clear everyone's welcome to participate in our protest as long as they are supporting the aims of the protest and are prepared to respect the ethos of the protest, which is non-violent.''

But Mr Bainbridge said special police stop-and-search laws introduced by the West Australian government for the summit were "a major attack on civil liberties''.

"We never have made any threat or we don't have any intentions to enter the restricted areas or to disrupt the actual event,'' he said.

"But we are interested in exercising our democratic rights, including in the areas open to the public.

"Obviously we have got a message, we want the leaders in the summit to hear it, we don't want to be tucked away in back streets, we want to be able to get as close as is reasonably possible.''

Mr Bainbridge said the approach of WA authorities was better than that for the 2007 APEC conference in Sydney where steel fences and concrete barriers created an intimidating atmosphere.

"The (ABC show) Chaser stunt really demonstrated the ineffectiveness of that style,'' he said, referring to the comedy team's penetration of the APEC security perimeter with a member dressed up as al-Qaeda leader Osama bin Laden.

"At APEC the big stick was waved around as a point of intimidation.

"In this case they've still got a big stick but they're keeping it behind their back,'' Mr Bainbridge said.

What do you think? Do you support a protest rally at CHOGM? Tell us in the comments box below

SRI LANKA: For MPs without firearms and a 'Cleaner' parliament -- An Appeal

October 14, 2011

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward to you the following press release from a group of Sri Lankan journalists, religious leaders and other professionals.
Asian Human Rights Commission
Hong Kong
FORWARDED PRESS RELEASEAHRC-FPR-048-2011
A Press Release from a group of Sri Lankan journalists, religious leaders and other professionals forwarded by the Asian Human Rights Commission (AHRC)
(October 12, 2011) The shoot out in broad day light in Mulleriyawa area on the day of the elections (08 October, 2011) between MP Duminda Silva, also the Supervisory MP of the Defence Ministry and Bharatha Lakshman Premachandra, Presidential Adviser and Director General for Trade Unions, that led to the death of Premachandra and 03 others, is no issue, the government can be allowed to cover up with special investigations and Presidential statements and guarantees. This peaks on what this government had been cultivating with Ministers and MPs allowed to take law unto their hands, as with Minister Mervyn Silva and MP Muthuhettigama and the politically led brutal attack on FTZ workers on 30 May. Their public actions have often compromised law enforcement and with politicising of State agencies, the police today have lost all respect and credibility in maintaining law and order.
This broad day light gang war between government politicians in seemingly high positions within the political hierarchy, makes it wholly unnecessary for more and long explanations in convincing oneself, how seriously low, the law and order situation is in this country, despite what the government says in pacifying the people.
How much the investigations would reveal and how far they would be free and independent is any one's blind guess in this country. Therefore with investigations allowed to take their own time and direction, we as concerned citizens, demand that this government:
(1) withdraw all armed security from all elected and national list MPs, politicians and public servants immediately as we believe, the necessity there was to provide armed security for elected MPs and Provincial Councillors since the 87-90 Southern insurgency and the LTTE terror is no more and therefore, emergency regulations have also been allowed to lapse.
(2) remove all MPs and Ministers who have so far been involved in alleged criminal offences and acts of public nuisance immediately, from their political party membership and have them removed (unseated) from parliament, forthwith. We also call upon all professional bodies, trade unions, democratic and “Rights” organisations to take up this call for democracy, as strongly as possible and as as soon as possible to rid this society of “armed” politics.
Consenting Signatories -
1. Rev. Fr. Terrence Fernando
2. Rev Fr. Sherard Jayawardne
3. Dr. Sunil Wijesiriwardne
4. Kusal Perera
5. Anton Marcus – (Joint Secretary / FTZGS&EU)
6. Dr. Mahim Mendis - National University Academic
7. Prof. Navaratna Bandara – University of Peradeniya
8. Ruki Fernando - Rights Now Collective for Democracy
9. Jayathilaka Kammellaweera – Writer and Novelist
10. K. W. Janaranjana – Journalist and Attorney at Law
11. Sudharshana Gunawardana - Rights Now Collective for Democracy
12. Prof Ajith Abeysekera – University of Jayawardnepura
13. Gamini Viyangoda
14. Dr. Jayampathy Wickramaratne, PC
15. Silan Kadirgamar
16. Mahinda Ratnayake – Journalist
17. Philip Setunga
18. Dr. Selvy Thiruchandran – Women's Education & Research Centre
19. Herman Kumara – National Convener, NAFSO
20. J. C. Weliamuna, Senior Attorney at Law & Lawyers for Democracy
21. Neville Ananda - Senior Attorney at Law
22. Chandraguptha Thenuwara - Artiste
23. Srinath Perera, PC
24. Parakrama Niriella – Film Director and Dramatist

Thursday, October 13, 2011

Mulish Brother & his fan : Nation's tragic flight

This statement is a comment on the negative impact of the political ideas of Duminda Silva and Gotabaya Rajapaksha on the rule of law system of Sri Lanka.

A simple lesson of the Mulleriyawa incident is that the ideology of arbitrariness and violence of which Duminda Silva and Gotabaya Rajapaksha have become symbols, needs to be defeated if the Sri Lankan nation is to survive.


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SRI LANKA: Arbitrariness and use of violence and the nation's tragic flight

October 13, 2011
This statement is a comment on the negative impact of the political ideas of Duminda Silva and Gotabaya Rajapaksha on the rule of law system of Sri Lanka.
 
"The core of the existing principle (of Rule of Law) is, I suggest, that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts."

Lord Tom Bingham, 'The Rule of Law' (Penguin Books 2011), p. 8.
Baratha Lakshman's assassination brought home one simple fact very clearly to all Sri Lankans: the close link between Duminda Silva and Gotabaya Rajapaksha. The link of course was no secret; even the president himself has been quoted in the media as saying, "Duminda is not my man but Gotabaya's". Baratha Lakshman in his last recorded speech quite poignantly pointed out that it worried and pained him to see this link between Gotabaya and the organizer of the Kolonnawa electorate (Duminda), who was promoting 'Kudukarayas' (drug dealers). What concerns this statement is not the two personalities but the common idea held by both. They both believe in arbitrariness as against the law and the direct use of violence to achieve their ends. It is these ideological premises being put into practice drastically that have now brought about the kind of insecurity and instability that no one seems to be able to resolve.
Duminda Silva became a victim of his own designs. The serious brain injuries he suffers are not only the product of friendly fire by his own gang, but also a consequence of the orders that he himself gave for the shooting and killing of his opponent, Baratha Lakshman. Baratha had bitterly criticized Duminda just the prior evening when he delivered the final speech for the local elections on behalf of the candidate he supported in his electorate.
Baratha Lakshman was quick to point out that the nation is now facing danger that cannot even be imagined and that he wanted this election to be the beginning of an attempt to rescue the "Rajapakshas themselves". Though the wording sounds like mere rhetoric, he as a longstanding politician seems to have grasped something terrible in the making that needed to be stopped. Perhaps he did not yet predict that the danger was so great as to cause his own death the next day.

Let's get back to the idea represented by these two persons, Gotabaya Rajapaksha and Duminda Silva. That law can be dispensed with and that the use of pure and naked power is the way forward. Gotabaya misuses his position as the Secretary to the Ministry of Defense and is attempting to turn this ministry into a superpower. Even the head of the CID while conducting investigations into serious crimes can be called before Gotabaya with all the case files and be instructed on what actions to take in a criminal investigation. No one in a country that respects the law has such power. Not even the president. The very essence of the rule of law is that even the highest officer is bound by the law and that what even he does must be done according to the law. If the Secretary to the Ministry of Defense is to call any officer and give instructions, the Secretary to the Ministry of Defense should have such a power granted to him by legislation. No legislature that respects the law would give power to anyone to interfere with criminal investigations.
However, the interference with criminal investigations is a small matter compared to the use of firearms to kill opponents. No law would give any officer the power to kill, except to a hangman who has to do that act in the terms given by court orders. Duminda Silva, an MP, himself gave himself the right to barricade the roads through his subordinates and thereafter to shoot his opponent in broad daylight on the road. Where does such power come from? According to Prasanna Gunasinghe Solangaarachchi, quoted in the media, this is because of the open support given to Duminda Silva by Gotabaya Rajapaksha. When a gang leader commanding underground forces is supported openly by the Secretary to the Ministry of Defence, that this leads to enormous violence is no secret to anyone who has the slightest understanding of the control of violence. Does not that patronage to a gang leader by a person holding high political power mean disaster?

Again what is more important than the details of the Mulleriyawa incident is the very idea that is represented by Duminda Silva as well as Gotabaya Rajapaksha: That idea is that the law does not matter and that naked use of force is legitimate. Even the president himself seems to have no power to insist that the law needs to be obeyed by everyone, all the time. When this kind of defense of the law is no longer possible then what might happen next is simply unpredictable.

As dangerous as the Mulleriyawa incident was, is the news that security in universities has been handed over to a private firm. When the law is abandoned as the fundamental norm, so-called security firms can be dangerous associations that organize kidnappings and other kinds of violence. That such firms are brought into universities at a time when some Ministers in the governments are waging war against some university professors and students is a clear indication that the kind of abduction and disappearances that became the order of the day not so long ago, could become a permanent part of the universities. No intellectual life can flourish under such circumstances of terror.

It is also not a coincidence that Dr. N J Nonis, a registrar of Sri Lanka Medical Council, was also attacked while engaging in his duty to maintain the standards requires for medical examinations. Even the attempt to maintain educational standards has become a thing that needs to be punished with brutal violence.

For persons concerned for the future of Sri Lanka the important issue is as to whether anyone should be allowed to act except within the framework of the law. Every official should have only as much power as given by the country's laws.  This is the normal rule that is followed in every country with a legal framework. In Sri Lanka too this was the norm till the 1978 Constitution. During last 33 years this basic notion has been trivialized and the doors have been opened for arbitrary behavior. This is causing catastrophes in every part of the country and in every sphere of life.
A simple lesson of the Mulleriyawa incident is that the ideology of arbitrariness and violence of which Duminda Silva and Gotabaya Rajapaksha have become symbols, needs to be defeated if the Sri Lankan nation is to survive.