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

Monday, September 24, 2012



Center for Public Integrity logo

By Sasha Chavkin — Center for Public Integrity

In this tiny Sri Lankan village, rice farmer Wimal Rajaratna sits cross-legged on a wooden bed, peering out toward lush palm trees that surround his home. Listless and weak, the 46-year old father of two anxiously awaits word on whether his body can accept a kidney donation that offers his only chance of survival.
In Uddanam, India, a reed-thin farmer named Laxmi Narayna prepares for the grueling two-day journey he takes twice every week. For most of his 46 years, his job involved shim­mying up palm trees to harvest coconuts at the top. He now spends most of his time nego­ti­ating the more than 100-mile bus trips he takes to receive the dialysis treat­ments that keep him alive.
Ten thousand miles away, in the Nicaraguan community of La Isla, Maudiel Martinez dreads returning to the rolling sugarcane fields where he spent most of his teenage years at work with a machete. Blood tests by the sugar company that employed him found that his kidneys were seri­ously damaged — and exertion beneath the tropical sun could tip the 20-year-old’s health into a lethal spiral.
In three coun­tries on opposite ends of the world, these men face the same deadly mystery: their kidneys are failing, and no one knows why.
A myste­rious form of chronic kidney disease — CKD — is afflicting thou­sands of people in rural, agri­cul­tural commu­nities in Sri Lanka, India and Central America. The struggle to identify its causes is baffling researchers across multiple conti­nents and posing a lethal puzzle worthy of Sherlock Holmes.
The three epidemics have crucial threads in common. The victims are rela­tively young and mostly farm workers, and few suffer from diabetes and high blood pressure, the usual risk factors for renal disease. They expe­rience a rare form of kidney damage, known as tubulo-interstitial disease, consistent with severe dehy­dration and toxic poisoning.
Other common links offer clues to a possible cause. The epidemics affect sharply defined geographic areas that are stun­ningly fertile and swel­ter­ingly hot. The victims mostly perform heavy manual labor, have little formal education and lack easy access to medical care. Pesti­cides are used heavily, and commu­nities drink local ground­water. In each case, the disease began surging in the 1990s.
Full Story>>>Pages: 1 2 3 4

Presidential directive to attack the Chief Justice
 Monday, 24 September 2012
The President has summoned several ministers to Temple Trees on the 19th and asked them to commence a media campaign against Chief Justice Dr. Shirani Bandaranayake in the next few weeks, sources from Temple Trees said.
The President had summoned Ministers Dullas Alahapperuma, Mervyn Silva and Rohitha Abeygunawardena and SLBC Chairman Hudson Samarasinghe a few minutes before leaving for India and issued the directive.
The President has said that apart from the Chief Justice, Secretary of the Judicial Services Commission (JSC) Manjula Thilekaratne also be targeted. The President has noted that these two persons were ignoring him and that it should not be allowed.
According to the President, the JSC had given an unfair transfer to Anuradhapura Magistrate, Dharshika Wimalasiri and he had asked the Chief Justice and the JSC to cancel the transfer when she had approached him. However, the Chief Justice and the JSC had ignored the request.
The President has also said that the Chief Justice was now ignoring even his brother, the Speaker of parliament.
An angry President has charged that the Supreme Court observation on the Divi Neguma Bill was sent by the Chief Justice to the Secretary General of parliament without sending it to the Speaker.
The President had given a file containing details of alleged irregularities committed by the Chief Justice’s husband and former Chairman of the National Savings Bank (NSB), Pradeep Kariyawasam. Details of the contents in the file had been explained to the ministers by Working Director at the NSB and the President’s astrological advisor, Sumanadasa Abeygunawardena.
The President has asked Alahapperuma to publish stories in websites that the Chief Justice was having an extra marital affair with the JSC Secretary. Alahapperuma at the time had been reprimanded by the President for not actively maintaining the websites started by him.
It is learnt that the websites referred to are www.srilankaxnews.lk andwww.srilankaleaks.com.
After the conclusion of the discussion, Alahapperuma has told the President that he was going to commence a new website called,www.mathara.lk and that it would ensure that the emergence of the Durawa caste in politics in the Matara District would be destroyed while the Govigama clan would remain supreme in the area.
He has added that assistance from his sister an additional district judge, Sujatha Alahapperuma could also be sought in the operation against the Chief Justice.
After listening t Alahapperuma, the President has said that he should ensure that the websites are actively maintained after starting them.
The Minister has assured the President that he would re-commence operations of the websites in the next few days. He has added the a new team to headed by activist of the New Lanka Sama Samaja Party, Udaya Hiththetiya would be appointed to carry out the operation.

ICC replaces bottled water following suspected contamination


Chloe Saltau-September 25, 2012 ----------------------------------------Taken ill ... Mitchell Starc (right). Photo: Reuters
 

Taken ill ... Mitchell Starc (right).
Chloe SaltauTHE International Cricket Council has replaced the bottled water provided to match venues at the World Twenty20 in Sri Lanka after it was linked to a gastric illness that affected at least three teams.
Australian Mitchell Starc and Brad Hogg suffered from gastro and flu-like symptoms but recovered in time to play the West Indies on Saturday. An illness also swept through the South African and New Zealand camps, prompting the ICC to investigate the source.
"Although there is no evidence to suggest that water was the cause of any illness, all product supplied for use in the tournament has been replaced," an ICC spokesman said on Monday night.
The ICC's official drinks supplier is Pepsi but its brand of water is not sold in Sri Lanka so it is understood an alternative brand was provided for the tournament.
The ICC has also been confronted with questions about the timing of the tournament, which coincides with the monsoon season in Sri Lanka. One game, between the host nation and South Africa on Saturday, was reduced to seven overs a side while the Duckworth-Lewis method decided Australia's group match against the West Indies. 
Read more: http://www.smh.com.au/sport/cricket/icc-replaces-bottled-water-following-suspected-contamination-20120925-26hub.html#ixzz27Pgb9SEf

EPC: SLMC endorses Mahinda-Hakeem pact
September 23, 2012,
article_image

By Shamindra Ferdinando

The Sri Lanka Muslim Congress (SLMC) yesterday declared that its decision to support the SLFP-led UPFA to form the Eastern Provincial Council (EPC) was a collective decision taken by the party in the best interests of the Muslim community.

Addressing the media at SLMC headquarters, ‘Darussalam’, SLMC General Secretary Hassen Ali and MP M. S. M. Aslam strongly countered allegations that SLMC leader Justice Minister Rauff Hakeem had taken a unilateral decision against the wishes of some members of the party. They denied reports of serious discontent among members due to the SLMC siding with the UPFA, while reiterating their commitment to the ruling coalition.

The SLMC leader didn’t attend the media briefing.

SLMC General Secretary Ali said that the SLMC had secured two thirds of the Muslim vote in the Eastern province and therefore it had every right to reach an understanding with the UPFA on behalf of the Muslim community.

The National List MP said that the SLMC, as a constituent party of the UPFA, consisting of many parties, decided to throw its weight behind the ruling coalition at the EPC after careful consideration of all relevant issues. MP Ali said that President Mahinda Rajapaksa had promised to address their grievances in line with an understanding reached between the two parties.

Aslam explained the circumstances under which the party finalized its latest agreement having contested the second election for the EPC on its own. Commenting on a meeting the SLMC had at Galle Face Hotel shortly after the release of results, MP Aslam said that as a constituent party of the UPFA the SLMC decided to discuss formation of new EPC with the government. "Although the TNA, too, invited us to explore the possibility of forming government, our priority was an arrangement with the UPFA. That was due to SLMC being a constituent party of the UPFA," Aslam said.

The SLMC revealed that talks on formation of EPC involved several ministers, including UPFA General Secretary Minister Susil Premjayanth, SLFP General Secretary Minister Maithripala Sirisena, and ministers, Basil Rajapaksa, Dallas Alahapperuma, Nimal Siripala de Silva and Anura Priyadarshana Yapa.

The Arrest Of Sanjeewa Bandara Marks A Turning Point



By Surendra Ajit Rupasinghe -September 24, 2012 
Ajit Rupasinghe
Colombo TelegraphThe arbitrary arrest by the CID of Sanjeewa Bandara,  Convener Of The Inter-University Student Federation (IUSF), on 19th September marks a critical turning point, not only in the evolution of the struggle to defend the right to equal opportunity for Education, but also in the political future of the country. The IUSF has been engaged in a protracted and pitched struggle against the State and the Mahinda Rajapakse Regime(MRR) to defend the right to equal opportunity for Education. This struggle has arisen due to the deliberate policy of the MRR to let the state education system to decay, in order to make way for the privatization of education, including primary, secondary and tertiary  education.
As it is, the right to equal opportunity for Education has been fatally undermined. The entire education system is structured to favor the privileged classes and to deny the vast majority of poor families the equal right to quality education. In fact, the education system is classified according to local, central and national and private schools, differentiated and  rated according to quality and performance standards. There are the elite schools which are accessible only to the highly wealthy and privileged families, while the vast majority of schools lack even the basic infrastructure, facilities and teaching staff. The system of education is structured to reproduce the class  structure to ensure that only the upper classes shall enjoy the power to rule society, command resources and enjoy wealth, status and privilege, while ensuring that there will be  a permanent resource pool of stratified laborers  who will be forced to sell their labor just to eke out a means of survival in order to grease the machinery of private profit. Furthermore, the entire education system is structured, from top to bottom, to ensure that a whole class of parasitic, corrupt Neanderthal ministers, officials, bureaucrats and administrators, including the ‘tuition mafia’  shall rake in fat salaries, perks and incomes and ‘terrorize’ the student population into mute, robotic submission. While the elite schools have ‘state of the arts’ research laboratories, libraries, computer and IT facilities, extra- curricular and recreational facilities, teaching staff, maintain  positive teacher-student ratios and overall provide a most conducive creative environment to foster learning, the rest of the schools are denied these standards in every single aspect. While the elite schools have swimming pools, some of these other  marginalized schools do not have drinking water. This structure of discrimination, by itself, denies the fundamental democratic right  of equal opportunity to education for the vast majority of the toiling masses. The drive to privatize education will only serve to intensify this discrimination, violation and injustice.
The drive to privatize education is a key demand of the World Bank and the IMF, since it is at the core of opening up the flood-gates and breaking all barricades and resistance to the neo-liberal capitalist-imperialist  agenda. It is in this context that the MRR is deliberately following through with the policy of allowing the State education system to decay and disintegrate to pave the way for the complete and irreversible privatization of education. This is so that Education shall no longer be a fundamental democratic right, but a commodity to be bought and sold for private profit and providing fat commissions. This policy has already resulted in such profit-making monstrosities as the Malabe Medical Facility, which has not only flouted all laws, norms and regulations, but cheated the students and parents into buying into a system of half-baked, unqualified and low-grade medical degrees.
The recurrent  bungling  manipulations and shameless fiascos witnessed in the field of examinations have the effect, if not the intent, of building frustrations and despair among the student population and parents and creating a complete breakdown of confidence in the system of State education. This breakdown facilitates consensus in seeking alternatives through private education.
Besides, the entire university system has now come under a new form of military occupation and political domination. University security has been given over to Rakna Lanka, a security firm under the defense Ministry and commanded by the Secretary to the Ministry, Mr. Gotabhaya Rajapakse. University students have to compulsorily undergo ‘leadership training’ in military camps, where the tribal ideology of the MRR is instilled and drilled. Furthermore, only some 1.9% of the GDP is allocated to Education, while the defense budget runs into several hundreds of billion Rupees.
The IUSF has spearheaded the democratic struggle against all these abuses and violations and to advance the right of equal opportunity to education. In this context, it has become a standard bearer in the struggle for democracy and freedom. As a consequence, it’s leadership and ranks have been hunted, hounded, legally persecuted and brutally repressed. The arrest of Sanjeewa Bandara, the fiery, articulate and fearless convener of the IUSF, signals the qualitative intensification of the violent repression of the IUSF by the MRR. The repression of the IUSF is aimed at silencing and burying any and all resistance against the MRR and the State. It is a duty of all decent, progressive people who know the meaning and value of the right to equal opportunity to education and who refuse to endorse the corrupt terrorist-fascist agenda of the MRR, to build collective resistance by calling for the release of Sanjeewa Bandara.
*Surendra Ajit Rupasinghe: Secretary: Ceylon Communist Party (Maoist)
Proposed all-party council for the East – an opportunity lost?
By Lasanda Kurukulasuriya-Sunday, September 23, 2012
The Sundaytimes Sri Lanka
The guessing game over the question of who would rule the Eastern Provincial Council (EPC) came to an end this week with the deal reached between SLMC leader Rauff Hakeem and the UPFA coalition.
The SLMC fought the election independent of, and therefore in contest with the UPFA, and ended up being wooed by both sides in their attempts to form the council – the Opposition (TNA and UNP) on the one hand, and the government on the other.
The SLMC’s support for the UPFA in the EPC was negotiated on the basis of an agreement highly favourable to itself. Although the hotly contested Chief Minister’s post fell to the lot of an SLFP candidate for the time being, the SLMC can still boast that it kept its promise of conferring that office on a Muslim. The government’s choice was its Trincomalee district candidate Abdul Majeed.

The Chief Minister of Eastern Province Mr. Najeeb A Majeed meet SLMC Leader Rauff Hakeem's residence soon after swearing in as Chief Minister of the Eastern Province. Pic courtasy slmc.lk
According to the understanding reached, the CM’s post will devolve on the SLMC midway through the five-year term of the council. Two of the council’s four ministerial posts will be theirs. The party has succeeded in blocking ‘rival’ Muslim contenders from within the UPFA coalition, from securing key positions. Reports indicate that the other two ministerial posts would go to a Tamil and a Sinhalese.
The SLMC will hold a pivotal position in the newly formed provincial administration. With a council of 37 where the Opposition TNA and UNP jointly hold 15 seats, the stance adopted by the SLMC’s seven-member bloc could potentially tilt the balance on any crucial vote in the provincial body.
Mr. Hakeem who holds the post of Justice Minister in the central government, has undoubtedly pulled off a heist. In the process he seems to have earned the wrath of many. Fellow Muslims within the ruling coalition have openly lambasted him for campaigning in opposition to the government whilst retaining his ministerial perks and privileges.
The UNP, under whose banner the SLMC contested at the previous EPC election in 2008, is upset because it has probably lost votes to the SLMC from among its one-time Muslim supporters. The TNA is angry because the SLMC appeared to respond favourably to its overtures to form an alliance, only to be rebuffed at the last minute.
President Mahinda Rajapaksa for his part seems to take it all in his stride. Those who followed the Eastern Province election campaign as it progressed may recall something he said at a rally in Samanthurai on Aug. 28. It was a remark to the effect that “some people campaigning in the East keep shouting about mosques being attacked, but when they come to the cabinet meeting they are quiet as mice. This is just politics – I know this for a certainty.”
The SLMC’s controversial decision to contest independently was taken when the party was denied the desired number of slots on the UPFA nomination list. Its leadership seems to have been driven by two considerations in taking the step. Firstly it wished to show that the SLMC is kingmaker in the East. And secondly it seemed to want to thumb its nose at ‘rival’ Muslim coalition partners in the UPFA – the All Ceylon Muslim Congress (ACMC) led by Rishad Bathiutheen, and the National Congress (NC) of A.L.M. Athaulla – by demonstrating that the SLMC could command more votes than they. It has succeeded on both counts. The ACMC won three out of four seats for the UPFA in Batticaloa district, and the NC won three out of five for them in Amparai. The SLMC won seven seats on its own.
One of the concerns raised about this provincial election campaign, by the left parties in the government among others, has been its tendency to polarise communities along ethnic lines. Parties carried out campaigns that appealed to communal loyalties. Election results seem to show that the minority vote banks of both the main political parties, the SLFP and the UNP, have been eroded in this election. Have the national parties lost their ability to command the confidence of minorities? If so it may be seen as a negative trend from the point of view of the imperatives of national reconciliation. These are parties that have traditionally drawn on the support of all communities.
The two national parties, between them, have had only one Tamil candidate elected in the entire multi-ethnic Eastern Province. That is Sivanesathurai Chandrakanthan alias Pillayan from the TMVP, which is a UPFA coalition partner. The former EPC Chief Minister held his seat with the third-highest number of preference votes in the Batticaloa district, with the first and second highest number of preferences going to TNA candidates.
These developments would seem to point to the need, in both the SLFP and the UNP, to analyse the causes for their diminishing grip on minority constituencies, and make a concerted effort to win back that support. The tendency in both parties has been to ‘outsource’ the work of winning minority votes to coalition partners that are communal in orientation. The national parties need to ask themselves whether this approach to electioneering is at all helpful in the long run, in achieving the professed objective of national unity.
With the votes splitting in such a manner that there was no clear winner, there was the prospect of a hung council in the East. This gave rise to an innovative proposal by Senior Minister and Communist Party Leader D.E.W Gunasekera for the formation of an all-party provincial council for the East, “collectively and with consensus, for a specific period.” Though the UPFA did not formally endorse it, another Senior Minister Sarath Amunugama did sound out leaders of the UNP, the TNA, the SLMC and NFF on the idea. The response all round had been positive, by all accounts.
In his letter addressed to the General Secretaries of the UPFA, UNP, ITAK (or TNA), SLMC and NFF, Gunasekera appealed to the parties to leave contentious national issues to be tackled by national leaderships at the centre, so that the newly elected councillors may have the opportunity to deal with the people’s immediate problems at the provincial level. “Such an arrangement would facilitate the ongoing reconciliation process and also provide a conducive atmosphere for the people to live in peaceful coexistence and create healthier political climate” the letter said.
If drawing marginalised groups into the mainstream of national politics is one of the goals of the reconciliation process, then this would have been an ideal opportunity for the UPFA to demonstrate its political will to advance that goal. But partisan politics has yet again won the day. It would seem that the opportunity to try out a unique experiment in power sharing, which had signs of a rare degree of initial consensus, has been lost.

SRI LANKA: President attempts to trample on the Judicial Service Commission and the independence of the judiciary


AHRC LogoSeptember 24, 2012
SriLanka_map.pngAHRC-STM-188-2012.JPGThe Asian Human Rights Commission (AHRC) is not surprised by the government's confrontation with the Judicial Service Commission (JSC) and the courts, as it is part of a consistent pattern that has been going on ever since the executive presidential system was established in 1978. The constitution was established in order to undermine the independence of the judiciary. The recent call by President Mahinda Rajapaksa on the JSC to meet him to discuss its functions, which the JSC refused, only indicates an attempt by the president to establish his patronage over the judiciary. Through the 1978 Constitution the basic structure of the 1948 Constitution was fundamentally altered, by replacing a democratic system with a patronage system, where the very idea of the independence of the judiciary was treated as an alien concept.

The AHRC calls on the Sri Lankan people to come to an understanding, even belatedly, that the independence of the judiciary and the very basic structure of democracy cannot coexist with the executive presidential system. The recent gathering of mobs to protest against the judiciary and otherwise intimidate it is only a reminder of similar attacks in the past.

While appreciating the JSC's determination not to meet with the president to discuss the functions of the JSC and their determination to defend the rights of the JSC, the AHRC reiterates once again that the very existence of the judiciary in Sri Lanka as an independent institution is under severe threat and it is the duty of the Supreme Court itself, above all others, to defend the institution against the patronage system which will continue to attempt to bring the judiciary under its thumb.

The JSC issued a press statement detailing many attempts by the government of President Mahinda Rajapaksa to trample on its independence. The attack on the JSC came directly after the Supreme Court expressed its determination on the Divineguma Bill, which the Supreme Court held to be unconstitutional until the provincial councils are consulted on the matters involved in the bill. The Supreme Court determination was immediately followed by a protest, which the newspapers reported to be by a crowd sponsored by the government. The 3,000 people who assembled near the parliament included Minister Basil Rajapaksa (one of the brothers of the president) and several other ministers. 

The Bar Counsel of Sri Lanka (BaSL) condemned this mob protest as an attack on the independence of the judiciary and stated that it will initiate legal action for contempt of court against the organisers of this demonstration. The BaSL also condemned the use of the state media to attack the judiciary and announced that it will take legal action against the state media concerned. 

President Rajapaksa called on the JSC to meet him in order to discuss the functions of the JSC but the JSC, in an official meeting, decided not to meet the president or anyone else regarding its official functions, as such discussions are unconstitutional.

The JSC in its press release stated that it is paying serious attention to the baseless attacks made by both electronic and print media on it recently. It stated that the aim of those who are engaged in such attacks attempting to belittle the functions of the JSC is to destroy the independence of the judiciary and the rule of law in Sri Lanka.

The JSC press release further stated that attacks and pressures have been exercised by people of various positions regarding some of its basic activities. There had been attempts to influence the JSC regarding some of the decisions it has taken. On one occasion, the JSC took disciplinary action against a particular judge, and there have been several attempts to influence it regarding this decision. The JSC reference here is to the disciplinary action against the District Judge Aravindra Perera, who was interdicted following many complaints of corruption. The newspapers mentioned Aravindra Perera as a close friend of Namal Rajapaksa, the president' son.

The government is also angered by the action taken against Minister Rishard Bathurdeen, who is accused of an attempt to pressurise the magistrate of Mannar, and the action against the attack on the Magistrate's Court and the High Court of Mannar. These attacks led to a boycott of the courts by judges and lawyers throughout the island. The minister is now facing criminal charges at the Magistrate's Court and an inquiry into contempt of court at the Court of Appeals. The government has not taken any action against this minister and is engaged in a showdown with the courts regarding this case.

While appreciating BaSL's initiatives to defend the independence of the judiciary with regard to the attacks on the JSC and regarding the attacks on the courts in Mannar, AHRC is compelled to point out that, given the magnitude of danger to the very existence of the independence of judiciary and the independence of the legal profession itself, the actions taken by BaSL so far are inadequate. Things have reached a point at which it is dangerous for the Supreme Court to declare a bad law as bad or to interdict a bad judge or to take legal action against intimidation of a magistrate and attacks on courts. The system of patronage that is established through the 1978 Constitution demands absolute submission to the president’s authority. Therefore, the attacks on the courts and the lawyers, as independent professionals, will continue. It is time for the BaSL, representing the interests of the lawyers in Sri Lanka -- whose existence depends on the existence of an independent judiciary -- to develop a consistent strategy for a continuous struggle to save the judiciary and itself from attacks from the patronage system, which is entrenched through the 1978 Constitution.

For more on the conflict of the executive presidency with the judiciary please see: Gyges' Ring - The 1978 Constitution of Sri Lanka
‘Judiciary under siege,’ lawyers up in arms
Sunday 23 September 2012

BASL condemns interference of JSC
By a staff writer

The Bar Association of Sri Lanka (BASL) yesterday passed two strong resolutions.
One resolution condemned interference in the work of the Judicial Service Commission (JSC), Bar Association President Wijedasa Rajapakshe said. The other resolution was to appoint a team of senior lawyers to see if there is enough material to file contempt of court papers to charge the people involved in certain SLBC and ITN programmes. Rajapakshe said these persons had been heard attacking certain judges and judgments.
Rajapakshe said around 400 out of around 600 members from all parts of the country attended yesterday’s meeting at the BASL headquarters. The resolutions will be released to the public on Monday after all the office bearers sign them. 
The last week saw several statements released on this tussle. One of the strongest came from the Judicial Service Commission decrying alleged interference in their affairs. JSC secretary Manjula Tillekeratne said that pressure was being applied on the commission with regard to certain official decisions taken by the commission. He referred in particular to the disciplinary action taken by the commission against a judge, who is not named in the statement. 
Tillekeratne said that if any pressure is brought upon any judge or member of the JSC, such persons can be hauled up before Court. He also asserts that the JSC will continue to safeguard the independence of the judiciary at all times. 

Baseless allegations
The secretary starts off by saying that the attention of the Judicial Service Commission has been drawn to various baseless allegations levelled against the commission and the judiciary in the print and electronic media. He says that the JSC firmly believes that certain elements are trying to achieve their narrow objectives by ridiculing the commission and the judiciary. Their chief objective is to compromise the independence of the judiciary and the supremacy of the law. 
The JSC alludes to various threats and pressures by various kinds of people, especially when disciplinary action was recently taken against a judge. Furthermore the chief justice and two Supreme Court judges who are members of the JSC were summoned, the statement says, without revealing who did the summoning. It explains that these efforts were defeated by explaining to those responsible how it is important to maintain the independence of the judiciary and the JSC. 
The statement explains that the JSC is tasked with appointing magistrates and district court judges, promotions, transfers, and disciplinary matters. The Constitution grants it independence and decrees that any direct or indirect interference or pressure is an offence that can be tried before the High Court. 
The JSC maintains that it is committed to protecting the independence of the judiciary against any direct or indirect threats or pressures. It is also committed to the supremacy of the law. The media statement was issued to make the public aware of attempts being made to tarnish the good name of the judiciary. 
Meanwhile, Lawyers for Democracy (LfD) also issued a statement. Its convenor, Lal Wijenayaka said, “Lawyers for Democracy is disturbed by the emerging evidence of coordinated moves to undermine the independence of judiciary in Sri Lanka.”

Political leadership dissatisfied 
“The statement issued by the Judicial Service Commission (JSC) on September 16, 2012 clearly indicates that there are various attempts to interfere with the affairs of the Judicial Service Commission,” he says. “After the recent determination made by the Supreme Court of Sri Lanka on a Bill titled “Divineguma,” the political leadership of the government has expressed its dissatisfaction over the decisions made by the Supreme Court. For example, the government has organized a public demonstration, where people were transported at public expenditure to a close location near  Parliament to criticize the Supreme Court determination. Recently, several programmes in the state media carried vicious and malicious programmes critical of the judiciary.”
“LfD sees this trend as a clear move by the government to intimidate the judiciary and undermine the Rule of Law and an attempt to make the judges vulnerable for governmental pressure,” it says. “All public institutions are totally politicized and are at the disposal of the regime. The judiciary is the only organ that has survived direct political interference. Therefore we urge the president and the government to respect the independence of the judiciary and take all possible steps to stop direct and indirect intimidation and incitements against the judiciary.”
“LfD also urges the government to ensure that State media will respect basic decency in journalistic ethics in their references to judiciary and judges,” it urges. “While expressing solidarity with the JSC, we remind the public that in any civilized society all individuals and institutions should respect the judiciary as the ultimate arbiter of all disputes between the State and the citizens.”
Some legal analysts feel this sort of direct confrontation between the judiciary and the government started with the attack on the Mannar Magistrate by Minister Rishad Bathiudeen. The government supported the minister.  The Judges Association of Sri Lanka and BASL both lodged strong protests against the intimidation of the magistrate.
Whither judicial independence: JSC expresses concern
View(s): 1106

The Sundaytimes Sri LankaTwo weeks after polls for the Sabaragamuwa, Eastern and North Central Provincial Councils, the United People’s Freedom Alliance (UPFA), the main winner, is on a political roller coaster ride with both allies and their own ranks. The rough and tumble centres mainly on the appointment of Chief Ministers and what to give or take from alliance partners.
The focal point was of course the Eastern Provincial Council (EPC). Last Sunday, President Mahinda Rajapaksa had some strong words and a tough message for Rauff Hakeem, leader of the Sri Lanka Muslim Congress (SLMC). “You must remember I am not going to resort to any political horse deals. I would rather have my councillors sit in the opposition. You can remain in my cabinet and form an administration in the East if you so wish,” he said.
Besides the two, also present on the occasion was Presidential Secretary Lalith Weeratunga. Yet, a ministerial team engaged Hakeem behind-the-scenes articulating the UPFA’s position and urging the SLMC to re-consider its main demand, the appointment of a Chief Minister from its ranks. The dialogue ended with UPFA’s Najeeb Abdul Majeed (55), a non-cabinet Minister of Co-operatives, Local Government and Provincial Councils in the previous UPFA government, being sworn in as Chief Minister for EPC. His first visit to the east yesterday was by helicopter for a welcome reception in Kinniya. Bad weather forced the chopper to land in China Bay. The SLMC, in return, obtained written acknowledgement over its demands contained in a document that was handed over. The Sunday Times (political commentary) gives a detailed account today of how the dodgy deals between UPFA leaders and the SLMC played out.
In the North Central Province (NCP), former Chief Minister Berty Premlal Dissanayake, who was quoted as telling election rallies that he would remain in that post “forever,” was in for bad news. The UPFA leadership decided on S.M. Ranjith, who secured the highest number of preferential votes. His brother, S.M. Chandrasena, Minister of Agrarian Services and Wild Life, resigned from the cabinet on Wednesday to facilitate the appointment. There was speculation in UPFA circles that his ministerial post was to go to 32-year-old Duminda Dissanayake, the son of former NCP Chief Minister Berty Premalal Dissanayake. He is now Deputy Minister of Youth Affairs and Skills Development. The move has heightened the likelihood of a cabinet reshuffle. United National Party’s Kings Nelson, son of H.G.P. Nelson, a former cabinet minister, will be the leader of the opposition.
Former Chief Minister Dissanayake did not seem pleased. He summoned a news conference at his residence in Anuradhapura on Thursday. He said that 120 UPFA local council members including chairmen and vice chairmen in the Anuradhapura district have “threatened to resign from their positions” if he was not appointed as the chief minister. He claimed they had informed that their “letters of resignation and affidavits to this effect” would be handed over to him. Some have already done so, he said. If he was not appointed as the Chief Minister for NCP, he said, “I will also function as an ordinary member in the council representing the SLFP,” he claimed. “One should have the experience to be the chief minister”, he argued.

Vaiko flays Congress, BJP on Sri Lankan President visit

The New Indian Express
24th September 2012 10:32 AM
Launching a scathing attack on both the BJP and Congress for their “insensitivity” towards sentiments of Tamils, MDMK general secretary Vaiko, on Sunday, said if Sri Lankan President Mahinda Rajapaksha is invited to the country one more time, he would besiege the residence of the Prime Minister in New Delhi.
Addressing a 1,500-strong crowd at the Anna Memorial here after returning from Madhya Pradesh, where he was arrested and later released for attempting to stage a black flag protest, Vaiko said despite strong agitations in Tamil Nadu, the UPA government has to date invited Rajapaksha three times to the country. In the recent case, the BJP had also joined the bandwagon, he accused.
Dismissing BJP’s arguments that the event was a non-political one, Vaiko said invitation to Rajapaksha was a completely avoidable move. “It is ironic that they found it necessary to invite a man accused of committing war crimes to lay the foundation stone for an institutions named after Buddha,” he observed. 

SRI LANKA: Child abuse cases stalled



Thousands of cases of child abuse are stalled in Sri Lanka's courts
COLOMBO, 24 September 2012 (IRIN) - In Sri Lanka it is taking as long as six years to prosecute criminals who abuse children, a delay that threatens to further traumatize thousands of children whose cases are stuck in the courts, according to experts. 

Officials from the UN Children’s Fund (UNICEF) in Sri Lanka told IRIN as many as 4,000 child abuse cases are before the country’s 34 high courts (the second highest level of courts). 

The average wait time for a ruling is six years based on a 2010 UNICEF analysis of backlogged cases, and can go up to eight years, according to local NGOs. 

Delays include police taking a long time to complete investigations or sending incomplete files, bottlenecks in the attorney-general’s office in clearing cases to proceed to hearings, and an overload of all types of cases before the courts, said UNICEF spokeswoman Suzanne Davey. 

As of late 2010, there were over 650,000 cases of all types being heard in Sri Lankan courts, according to the Ministry of Justice. That same year the government launched a US$3 million project to set up 60 new courts to help clear the backlog. 
Delays victimize                                   full report             

Indian fisherman serving life term dies in Sri Lanka

Monday, 24 September 2012
LogoA 62-year old Tamil Nadu fisherman, undergoing life imprisonment in Sri Lanka for smuggling of brown sugar in 2004, has died of heart attack, police said.

Thangaraj of Perungulam in the district, lodged in a prison in Colombo, died last evening, according to official information received by his family members and state Marine Police in Ramanathapuram on Monday.

The family members appealed to the district administration to arrange for bringing Thangaraj’s body to his native village.

Thangaraj, arrested in Thalaimannar in Sri Lanka, was convicted and sentenced to life term by a local court, police said. - PTI

Sinhala, Tamil And Zero Sum Game

RMB Senanayake
Colombo TelegraphThe official language refers to the language in which records are maintained in official records. British colonial rulers used English as the Official Language, and Court proceedings were recorded in English even when witnesses spoke in Sinhala and Tamil.
Lawyers too spoke in English. It was the same in government offices – both at headquarters and in district and field offices. Government employees knew English and were able to record their views in the form of minutes.
The minutes of interviews were submitted to the higher officers who gave written orders that were recorded. Letters to the government offices were written in English and the public understood that official correspondence would be in English.
The British realized that it was necessary to educate a sufficient number of locals in the English language to man the public service. They depended on the English medium schools run by the missionaries to man the public service. Since the American missionaries were not welcome in the South they opened schools in the North and provided good English education to the people of the North.
The Tamils obtained a disproportionate number of jobs in the public service. This roused the envy of the Sinhalese lower middle class consisting of Sinhalese teachers, and provided the base for the anti-Tamil sentiments among the Sinhalese which the Sinhalese politicians were quick to capitalize on.
The solution to the problem, they thought, was to replace English with Sinhala as the official language in order to obtain more government jobs exclusively for them.
It was based on what economists call the zero sum game – the Tamils must lose job opportunities if the Sinhalese were to get more employment in the public service. So SWRD introduced the Sinhala Only Act which required Sinhala to be the official language, in 24 hours.

Update on the struggle to go home in post war Sri Lanka: Manthuvil in the Mullativu district

Temporary shelter of one family-22Sept2012Army building being dismantled-22Sept2012
In relation to the 6 families who were staying at Our Lady of Velankanni church, original article available here.
Concrete posts bordering the land still occupied by the Army-22Sept2012
Due to insistence of the families, the Army had agreed to vacate the lands they (Army) had occupied and allow all six families to go back to their own lands. However, around two acres of lands remains occupied by the Army. About one acre belongs to one family, while the rest comprises of about half acre each belonging to two other families. The Army is refusing to hand over these lands. The Assistant Government Agent for Puthukidiyiruppu had promised to provide alternative land, but no places or dates had been given. However, the people insist they want their own land back. All the families mentioned that they have Permits for these lands.
The Army had not paid any rent or compensation for the land occupied, with the occupation estimated to be for more than three years. The families estimate that the value of one acre of land would be around Rs. 500,000 as it’s on the main A35 road and bordering the war monument and war museum, visited by thousands of Sri Lankans on almost a daily basis.
There had been several buildings that the Army had built, but they were dismantling them and taking stones, iron etc. although the people had appealed to leave these buildings for their use. While me and my friends were there, the Army was dismantling the building and transporting stones by a tractor. There had been four commodes in the toilets the Army had built, but even these had been removed. One of the men whose land was occupied had lost both legs and had pleaded with the Army to leave one commode, but this was not heeded to.