Tamils Call For War Crimes Tribunal

Wednesday, 30 November 2011 

As Tamils gathered this week to remember those who died in the civil war, the call for an independent investigation into war crimes in Sri Lanka is getting louder, writes Brami Jegan

Yesterday I joined hundreds of thousands of Tamils across the world — in the UK, France, Germany Switzerland, America and India — to remember those who died in the 26-year struggle for our independence. It was day of haunting sadness.

The day is called "Maaveerar Naal". Veerar in Tamil means "warrior or hero". Maa means "great". Naal means "day".   Full Story>>>

Whether history is different to Tamils and Sinhalese, asks Jaffna academic

[TamilNet, Wednesday, 30 November 2011, 06:38 GMT]
A single event that took place in the University of Jaffna on the Heroes Day, Sunday, has captivated the minds of Tamils all over the world, more than the diaspora functions marked by ever increasing participation of people but in some instances showed hijack aimed at dividing, capturing and ‘softening’ the struggle by the very forces against whom the spirit of the Day was meant for. Amidst all the oppression against the Day, by genocidal Sri Lanka backed by imperialism especially the Indian one, unidentified people lit the Heroes Day flame atop a tall building in the Jaffna University to shine like the star of hope. The Sinhala brethren should understand the event in the same vein of they take pride in Sri Sumangala hoisting the lion flag in Dalada Maligawa even after the British conquest of Kandy, an academic in Jaffna said. 

Heroes Day torch lit atop the terrace of the Balasingham hostel in the University of Jaffna on Sunday, 06:05 p.m.

Further comments from the academic in Jaffna:

Wariyapola Sri Sumangala Thera [Image courtesy: sinhale.wordpress.com]

Wariyapola Sri Sumangala Thera, the Anunayaka (deputy chief) of the Asgiriya Chapter of Buddhist monks, removed the Union Jack hoisted by a British soldier at the Paththiruppuwa (the octagonal pavilion) of the Dalada Maligawa in 1815 and re-raised the lion flag of the Kandyan state, even though there was a military conquest and the king was captured. 

The Kandyan Convention between the British and the chieftains of Kandy was being discussed at the time, and Sri Sumangala insisted to the military conquerors that unless the convention was signed deciding on the transfer of sovereignty, Union Jack could not replace the Lion Flag. 

Three years later, when a rebellion took place in Kandy against the British rule, Sri Sumangala removed the Tooth Relic of Buddha (regarded by the Sinhalese as the possession of which gives the right to any one to rule over them) from Dalada Maligawa, went into hiding, and later handed it over to the chieftain, Keppetipola Disawe, who was leading the rebellion.

The British captured the relic and Sri Sumangala in 1818, and after convicted for ‘treason’, Sumangala was imprisoned in Jaffna.

British imperialism eventually bowing down from the island and hoisting the lion flag at Paththiruppuwa becoming an annual ritual ever since the independence of Sinhalese are matters of history.

The Kandyan Convention never satisfied the Sinhalese. 

Rather than remembering the Kandyan Convention, an elite decision to collaborate with the conquerors, today’s Sinhalese take pride only in the resistance shown by Sri Sumangala.

If the Sinhalese could apply their sentiments in an enlightened way in understanding the Eezham Tamils – their sibling nation for centuries in the island – they could see why the Eezham Tamils have to regain their sovereignty by struggling against agent-imperialists in Colombo backed by imperialists.

Bringing in foxes, apes and donkeys to replace the tigers and showing those as leaders willing to collaborate, is the age-old tactic of imperialism re-enacted in the case of Eezham Tamils. But as history shows, that will not last long.

If the Sinhala masses and their elite think that they have a ‘common history’ for Sinhalese and Eezham Tamils in the island, then rather than being carried away by the agent-imperialists, they should help restoring the sovereignty of Eezham Tamils for peaceful co-existence and for partnership in facing the threats of imperialism in the island. 

If they don’t see it, then they only concede that ‘history is different’ to Eezham Tamils and Sinhalese, and thus everything else too are different.

Japan urges Sri Lanka to probe war crimes

AAP

Japan, a top aid giver to Sri Lanka, on Wednesday urged the island's government to probe war crimes allegedly committed while defeating Tamil rebels and pressed Colombo to improve human rights.

Japan said it wanted "genuine reconciliation" in Sri Lanka after troops crushed Tamil Tiger rebels in May 2009 and declared an end to nearly four-decades of ethnic strife that claimed up to 100,000 lives.

Tokyo's special envoy to Sri Lanka, Yasushi Akashi, said there was a "perception of insecurity" despite the end of conflict.

"I emphasised the vital need to improve the human rights situation in this country," Akashi told reporters at the end of a four-day visit to the island for talks with President Mahinda Rajapakse and other leaders.

Akashi said many Sri Lankans still spoke of "disappearances" in Tamil areas, military occupation of private property and heavy presence of soldiers in the island's northeast.

"We have no means to verify if these statements are true but I must say that there is a certain degree of common thread running through these comments," Akashi said.

He said Sri Lanka must do more to address accountability issues, which have also been raised by international rights organisations.

However, Akashi stopped short of calling for an international probe and said Sri Lanka could have its own investigative mechanism.

"I reiterated the importance of national reconciliation in order to achieve a lasting peace," said Akashi, who had been a key figure in raising $US4.5 billion ($A4.50 billion) for peace-building in Sri Lanka in 2003.

He said Japan will await Sri Lanka's publication of its own findings into the final stages of the war.

The report of the government-appointed Lessons Learnt and Reconciliation Commission was handed over to Rajapakse last week and he is expected to present it to parliament next month.

The UN has said that at least 7,000 civilians were killed in the first four months of fighting in 2009, but Sri Lanka has insisted that its troops did not kill a single civilian and has resisted calls for an international probe.

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WEDNESDAY, 30 NOVEMBER 2011

Akashi in Lanka

Japan's Special Peace and Reconciliation Envoy to Sri Lanka Yasushi Akashi addressed the media a short while ago. Pix by Nisal Baduge

High Court Judge Sunil Rajapaksa warns the Attorney General’s Department

Wednesday, 30 November 2011

Colombo High Court Judge Sunil Rajapaksa has warned the Attorney General’s Department over the failure of Senior State Counsel Damith Thotawatte to appear before courts in the Hi Corp hearing.

Rajapaksa has issued the warning when the Hi Corp case against former Army Commander Sarath Fonseka and his on in-law Dhanuna Thilekaratne was taken up for hearing today. Fonseka and Thilekaratne have been accused of committing a tender fraud by submitting false documents for a tender.

He has said the counsel should not be disrespectful of the court by ignoring it and that the verdicts on this court are different from the other.

He has noted that the Attorney General’s Department would be placed in a difficult situation when incidents such as these are reported by the media and senior state counsel should not ignore courts by not appearing when the case is taken up for hearing.

Rajapaksa has also asked Deputy Solicitor General Buvaneka Aluvihare , who was in the court room at the time to take appropriate action against Damith Thotawatte.

The appeal by the respondent’s side to release Fonseka of the charges in the Hi Corp case since it is similar to one of the court martials held against him was to be taken up today.

The case is to be taken up tomorrow (30).

White Flag verdict puts Gota in a spot

Wednesday, 30 November 2011 

Several international legal experts have explained that the majority decision with regard to the verdict on the White Flag case verdict has proven the war crimes allegations against the President, and the Defence Secretary, a senior official at the Legal Ministry said.

The experts have noted that the head of the High Court trail at bar, Judge Deepali Wijesundera and Judge Razin have indirectly accepted the contents of the story published by The Sunday Leader Editor Frederica Jansz by convicting Fonseka when had clearly denied making any such comment in court.

The majority verdict states that the respondent’s side has argued that Frderica Jansz had not followed the journalism ethics before writing the story by properly clarifying the details.

It states that Shavendra Silva in his evidence has said that he had not responded to the questions when they were posed to him after contacting him over the telephone.

Frederica Jansz had stated that she had telephoned the respondent on 12.12.2009 on his mobile phone and had informed him that the article would be published and had requested for further information.

The accused had meanwhile stated that Frederica Jansz had spoken to him for about 2 minutes over the mobile phone on 12.12.2009.

Frederica has said that she had contacted Military Spokesperson Udaya Nanayakkara and inquired about the incident.

The majority verdict states, “Therefore, it cannot be said that Frederica Jansz had published the story without clarifying the facts.”

According to the majority decision, the judges have accepted the background to the story, which is the allegation on war crimes.

Sri Lanka has the second highest unresolved cases of disappearances – Amnesty International

Colombo Telegraph

IN JOURNALISM TRUTH IS A PROCESS

NOVEMBER 28

By Colombo Telegraph -

Dr.Yolanda Foster

“Sri Lanka has the second highest unresolved cases of disappearances registered with the Working Group on Disappearances. This means 1 ,000s of unclarified cases, 1,000s of families without closure.” Yolanda Foster said. Amnesty International’s Sri Lanka expert Yolanda Foster made above remarks at an interactive meeting organised by the  Freedom from Torture’s Sri Lanka event at Loading Bay Gallery, London on Friday (25).

Freedom from Torture has published shocking new evidence of torture in Sri Lankawhich demonstrates the practice has continued long after the end of the civil war in May 2009. The research shows that torture is perpetrated by officials within both the military and the police and that people within the Tamil population who are perceived by the authorities as having links to the Liberation Tigers of Tamil Eelam (LTTE) remain at risk of being detained and tortured.

“An independent international investigation is crucial for two reasons: firstly, to protect the global principle of accountability for international crimes, and prevent the establishment of a negative precedent for other states that may emulate Sri Lanka’s attempt to flout international law so egregiously; and secondly, to help the process of reconciliation inside Sri Lanka through findings issued by a neutral outside body free of perceptions of bias, that can establish the truth and provide justice for the crimes committed by all sides to the conflict, including the LTTE, government forces and their affiliates.” she further said.

The full speech is reproduced below:

Amnesty International has been documenting human rights abuses in Sri Lanka for over 30 years.These include disappearances by the security forces; unlawful killings by proxy armed groups like the EPDP; child recruitment by the Tamil Tigers as well as custodial torture by the police.

Impunity in Sri Lanka has a long history.

To me, the lack of independent investigation for 1 ,000s of disappearance over the last 3 decades is a symbol of this impunity. Sri Lanka has the 2^nd highest unresolved cases of disappearances registered with the Working Group on Disappearances. This means 1 ,000s of unclarified cases, 1 ,000s of families without closure.

The end of the war in Sri Lanka marked a nadir in terms of the scale & gravity of human rights abuses by both sides of the conflict.

Sri Lanka continues to rely on security laws and a military apparatus that perpetuated human rights violations.

The UN Security Council failed to address the situation in Sri Lanka in 2009, arguing “that there was no threat to international peace and security since the conflict was contained within Sri Lanka and had no spill-over effect across its borders”.

In June 2010 the Secretary-General appointed a Panel of Experts to advise him on accountability with regard to any alleged violations of international human rights and humanitarian law during the final stages of the conflict in Sri Lanka. It looked into the modalities, applicable international standards and comparative experience with regard to accountability processes, taking into account the nature and scope of any alleged violations in Sri Lanka. It submitted its report to the SG in April 2011. The SG made the report public on 12 April 2011.

The mandate of the Panel of experts did not extend to fact finding or investigation and therefore falls short of what would have been required, but it did assess the “nature and scope of alleged vlolatlons.” It did not receive authorization from the Sri Lankan government to visit the country. “But it did produce a strong, credible report – for the first time an international body acknowledged the extent of human rights abuses committed in the last days of Sri Lanka’s brutal conflict, when at least 10,000 civilians were killed”. It found credible allegations of a wide range of serious violations of international humanitarian and human rights law by the Government of Sri Lanka and LTTE, some of which could amount to war crimes and crimes against humanity.

The Panel of Experts recommended, among others, the establishment of an independent international mechanism with concurrent functions to monitor the domestic accountability process conduct independent investigations and collect and safeguard information provided to it. The SG said on 25 April he could only initiate an investigation with Sri Lanka’s consent or a decision from Member States through an “appropriate intergovernmental forum”

The Panel of Experts also recommended a review of UN actions during the war in Sri Lanka, given its failure to take actions that might have protected civilians during the final stages of the war. The SG indicated that he would enact this recommendation.

You may ask, Why was no investigation commission of experts appointed in 2010 …. !?

In line with the approach in 2009, the SG never brought the Panel’s report to the attention of the Security Council, and the SC never discussed its findings. After a great deal of pressure, the SG finally transmitted the Panel’s report to Hle President of the Human Rights Council and OCHCR in September 2011. No further action has so far been taken.

The failure of the UN to act in 2009 is an example of pragmatism trumping the protection mandate. What is needed now is committed, global support for an independent international investigation.

The fact is that the government continues to arbitrarily detain, torture or otherwise ill-treat and subject people to enforced disappearances. It has failed to address most instances of impunity for violations of human rights and humanitarian law.

Sri Lanka continues to rely on security laws and a military apparatus that perpetuated human rights violations. We are faced with a challenge that the discussion on accountability at a global level has been taken to the Human Rights Council but it’s our job then to use the space of the Human Rights Council and other forum as constructively and best we can.

That means bringing clear evidence into the public domain and faming the arguments in a human rights framework so that this is perceived to be a non­partisan debate.

An independent international investigation is crucial for two reasons: (1) to protect the global principle of accountability for international crimes, and prevent the establishment of a negative precedent for other states that may emulate Sri Lanka’s attempt to flout international law so egregiously; and (2) to help the process of reconciliation inside Sri Lanka through findings issued by a neutral outside body free of perceptions of bias, that can establish the truth and provide justice for the crimes committed by all sides to the conflict, including the L TIE, government forces and their affiliates.

Amnesty International has called for an independent UN-led investigation into alleged war crimes committed by both sides in the last phase of the Sri Lankan armed conflict. We have done so because we doubt Sri Lanka’s will and ability to bring perpetrators to justice, given the gravity of the allegations levelled by witnesses against both the Liberation Tigers of Tamil Eelam and the Sri Lankan military, the potential that serving members of the Sri Lankan government may be implicated in the violations, and persistent official denials that crimes occurred.

The country’s climate of impunity – stretching back decades, its long history of ineffective domestic inquiries into human rights violations, and its lack of political will to end ongoing, serious violations of human rights makes it doubly doubtful that justice will be served for war-time atrocities.

IDP Camps in Sri Lanka Part 1 of 3 by Dr Yolanda Foster Amnesty International

WikiLeaks: Sangha Sabha to discuss ‘Fonseka arrest’ was postponed after the monks received bomb threats

Colombo Telegraph

NOVEMBER 29, 2011 

IN JOURNALISM TRUTH IS A PROCESS

By Colombo Telegraph -

“The Fonseka arrest has led to a rift between the Rajapaksa leadership and four mahanayakas (chief monks) of the largest Buddhist sects. The arrest sparked the monks to raise broader issues of democratic governance and to call a Sangha Sabha (council of clergy) to discuss the situation. But the council was indefinitely postponed after the monks received bomb threats. Government apologists retaliated by promising that 500 temples would be split off from the main Buddhist sects and re-aligned with a lesser-known sect from Rajapaksas’ home region in the south.” the US Embassy Colombo informed Washington.

The council was indefinitely postponed after the monks received bomb threats. Government apologists retaliated by promising that 500 temples would be split off from the main Buddhist sects and re-aligned with a lesser-known sect from Rajapaksas’ home region in the south

A leaked US unclassified diplomatic cable recounts the reaction of the Buddhist monks after the arrest of the opposition presidential candidate Sarath Fonseka followed by the presidential election 2010. The Colombo Telegraph found the cable from WikiLeaks database. The cable was written on February 26, 2010 by the US Ambassador to Colombo Patricia A. Butenis.

“On February 14, Mahanayake of Asgiriya Rev. Udagama Sri Buddharakkitha, Mahanayaka of Malwatte Rev. Thibbotuwawe Sri Sumangala, Mahanayake of Ramanna Nikaya Rev. Weveldeniye Medhalankara, and Mahanayake of Amarapura Nikaya Rev. Divuldena Ganissara in a joint statement said the arrest of Fonseka was unjustified and unacceptable” the Ambassador wrote. Placing a note she said “In the recorded history of over two thousand years of Buddhism in Sri Lanka, there have been very few such councils of monks. A Sangha Sabha was summoned only when the king exceeded his limits, and the monks felt duty-bound to ask for governance.”

US Ambassador wrote “ The mahanayaka of the Malwatta Chapter went further to criticize attacks on journalists and the current state of democracy in the country.” “Statements by the monks criticizing the Fonseka arrest and warning that democracy on the island was at risk reportedly enraged the Rajapaksas. Two days before the Sangha Sabha was to open, Buddhist contacts from the provinces informed us that temples had been told that bombs would be hurled at buses transporting monks to the council. On February 16, the mahanayake of Malwatte announced the assembly had been indefinitely postponed due to security concerns.”

Placing a comment Butenis wrote “Contacts have told us that the monks’ rebellion against the Rajapaksas was unprecedented insofar as monks disregarded their traditional cast differences to come together against what they saw as abuses by the Rajapaksas.”

Read the cable below for further details;

Edited by R. Cherian, Sage Publications India

29 November 2011  India News

By M.R. Narayan Swamy, IANS,

New Delhi: Two Malaysian MPs who are very vocal about the situation in Sri Lanka now say that only Colombo can resolve Tamil problems, not any other country or government.

M. Manogaran and S. Ramakrishnan also called upon the Mahinda Rajapaksa government, which they have bitterly criticized in the past, to show a large heart and meet the aspirations of the island's minority communities.

"Only the Sri Lankan government can address their (minorities) problems," Manogaran told IANS at the end of a short India visit, speaking for both of them. "Others including we can only play a secondary role."

He said that now that "the war was over, and a winner and loser have been declared", the Tamils in particular - who suffered the maximum from the ethnic conflict - expected a better life.

"The government must not only go for reconstruction (in the former war zone) and restore (minority) rights but also provide the necessary space for restoration of normalcy," he said.

Both Ramakrishnan, who is from the upper house, and Manogaran are second generation Malaysian Tamils of Indian origin. Both belong to the Democratic Action Party (DAP), which is part of Malaysia's opposition alliance.

In June, both visited Sri Lanka where they met a large number of people both in Colombo in the north. Many ordinary Tamils there told them that they expected India, which has previously played a major role in Sri Lankan affairs, to push Colombo to help them lead a life of dignity and equality.

After meeting a large number of people in politics and academics in India, the MPs admitted before emplaning for Kuala Lumpur that it was time to move on in Sri Lanka.

"In any war there will be collateral damage," Manogaran said. He quickly underlined that the victims of Sri Lanka's long-drawn war were not just the Tamils but also Muslims and Sinhalese Buddhists.

Sri Lanka's protracted Tamil separatist campaign ended in May 2009 when the military crushed the Tamil Tigers. The campaign left thousands dead, both combatants and non-combatants, provoking allegations of "war crimes".

The two MPs also emphasized the importance of greater interaction between different communities in Sri Lanka so that there is a better understanding of one another's feelings.

"The period for celebration is over," Manogaran said. "We implore the (Sri Lankan) government to see the plight of the victims of war and be magnanimous.

"It seems the war in Sri Lanka is over but the conflict is not," he added. "But we want to make it clear that we are no apologists for LTTE (Liberation Tigers of Tamil Eelam)."

Manogaran and Ramakrishnan pledged to do what they can to help improve fractured ethnic relations in Sri Lanka.

"If necessary we are willing to join hands with the authorities in Sri Lanka for this," he said. "We have spoken in the past about the conditions in Sri Lanka. Now that we have visited Sri Lanka and India, we know where we stand."

(M.R. Narayan Swamy can be contacted at narayan.swamy@ians.in)

Ratwatte is lucky that he died , but we are dying daily witnessing MaRa regime’s atrocities – SLFP seniors say

-How Ratwatte was killed slowly but surely by the regime

(Lanka-e-News -29.Nov.2011,5.00P.M.) Another powerful senior SLFP stalwart General Anuruddha Ratwatte who was a victim of the MaRa regime’s reprehensible and repugnant condom theory passed away yesterday (27). He was the younger brother of the late Sirmavo Ratwatte Dias Bandaranaike , the first female Prime Minister of Sri Lanka and in the world, and uncle of the former President of Sri Lanka (SL) Chandrika Bandaranaike , world’s first female President. He died at the age of 73 . The regime chief attended the funeral yesterday , just a few moments before the ceremonies began, to ward off mounting criticisms . The Senior SLFP seniors who were present on the occasion began leveling grave criticisms against the regime chief who is a SLFPer himself for his unwelcome and unsavory conduct. ‘ The chief who attended the funeral of UNP er Rupa Karunatileke and spent a lot of time there ; he attended the ‘Bana’ sermons when UNP er Aluvihara died , and stayed for hours on end at that funeral house , but arrived at SLFP Ratwatte’s funeral at the last moment and waited only for a few minutes’, they lamented. More >>

US/SL tensions won't affect aid projects: Bednar

TUESDAY, 29 NOVEMBER 2011
United States Agency for International Development (USAID) said today that the political tensions between Sri Lanka and the United States Government would not have any bearing on the aid projects in the country.

When questioned whether the tensions between the two countries were taken into consideration in the allocation of aid USAID Sri Lanka and Maldives Mission Director James F. Bednar speaking to the media at USAID’s  50th anniversary celebrations said, “Not really, we are concerned with reconciliation and reinvigorating the country”.

USAID has a number of partnerships with private companies in the country. When questioned whether the recently passed expropriation bill was taken into consideration while operating in the country Mr. Bednar said, “There has been no effect thus far, but I don’t want to speculate on the future. We are interested in making the private sector profitable and having partnerships in all sectors. I don’t wish to comment on the impact this would have on the investment sector”.

From 2010 to 2011 USAID in Sri Lanka has increased its budget from 9.7 million to 14.7 million USD. (Dianne Silva)