Saturday, September 29, 2012

NPC-bill Will be challenged, they say

By Namini Wijedasa

The Divineguma Bill will be challenged again if it is placed on the order paper of parliament without the Northern Provincial Council commenting on it, said TNA parliamentarian M.A. Sumanthiran, yesterday.
If it is placed on the order paper again without the North commenting on it, we will challenge it,” he told LAKBIMAnEWS. “The requirement is that the Northern Provincial Council, too, must discuss and resolve the matter.”
“The governor of the Northern Province cannot substitute himself for the provincial council,” he stressed. “The bill will be challenged since it does not comply with the constitutional requirement.”
The government last week withdrew the Divineguma Bill and sent it to the provincial councils for approval in keeping with the Supreme Court determination on the matter. Economic Affairs Minister Basil Rajapaksa, whose ministry submitted the bill for enactment, said he is confident the councils would sanction it. However, the Northern Provincial Council is not operational.
Four petitioners challenged the constitutionality of the Divineguma bill by three petitions presented to the Supreme Court. The proposed legislation seeks to repeal the Southern Development Authority, the Udarata Development Authority and the Samurdhi Development Authority, transferring their powers and functions to the Department of Divineguma Development. This new department would function countrywide.
The three-judge bench that heard submissions comprised Chief Justice Shirani Bandaranayake and Justices Priyasath Dep and S.E. Wanasundera. The petitions were filed by Chamara Madumma Kaluge, general secretary of the Samurdhi Development Officers’ Union, the Centre for Policy Alternatives (CPA) and Wijitha Nanayakkara. Sumanthiran is one of the attorneys for the CPA.

Sri Lanka military behind attack on politicians - Bahu

Saturday, 29 September 2012

The Nava Sama Samaja Party (NSSP) has accused the Sri Lankan military of being involved in an attack against opposition politicians and peaceful demonatrators.

NSSP General Secretary and Dehiwala Municipal Councillor Vickramabahu Karunaratne has informed President Mahinda Rajapaksa and that vehicles carrying Tamil National Peoples Front (TNPF) Leader Gajendrakumar Ponnambalam and him has come under attack in the northern Vanni area on the 22nd of September. They have been returning from a peaceful demonstration held in Mullaitheevu against the military grabbing civillian land and property, where protesters also had to face a crude oil attack. In a letter to the Senior Superintendant of police in the Mullaitheevu district calling for an impartial investigation Dr. Bahu says, " Since this was done while there was heavy military presence, I suspect that military was behind this".

When the demonstration was conducted opposite the Mullaitheevu government agent's office, police officers who were present have not arrested the culprits, the NSSP general sercetary has also said.

Letter to police and president

Janaka Gunathilake esq.

SSP Mulative,

C/o OIC,

Police station,

Pudukuduiruppu.

May I draw your kind attention to the attacks made by some people to the peaceful demonstration conducted by us with your knowledge? We expected police protection to this protest held on 22 September 2012, opposite Mulative AG office. However during the demonstration an engine oil bag was thrown at us; police could not arrest culprits. This happened around 1 pm.

Then after the demonstration, on our return, around 2.45 pm, about 12 km from AG office, we were attacked by two men in civil clothes while two others in military uniform were present. Vehicle I used 252- 5038 was damaged; RHS mirror was smashed. Mr. Gajendrakumar Ponnambalam's vehicle was badly damaged.

Since this was done while there was heavy military presence, I suspect that military was behind this. I expect an impartial investigation.

Janaka Gunathilake esq.

SSP Mulative,

C/o OIC,

Police station,

Pudukuduiruppu.

Since this was done while there was heavy military presence, I suspect that military was behind this. I expect an impartial investigation.

Sri Lanka’s War Crimes: US Should Not Dance Around UN And UNHRC

By Donald Gnanakone -

Sri Lanka-Democratic Socialist Republic of Sri Lanka

United States of America

இறந்த போராளிகளின் உடல் மீது சிறுநீர் கழித்த அமெரிக்க இராணுவமும், நிர்வாணமாக்கி பார்த்து ரசித்த இலங்கை இராணுவமும் – (வீடியோ இணைப்பு)

US marines to probe 'abuse video'

The US Marine Corps says it is launching an investigation after a video was published on the internet appearing to show US marines urinating on dead bodies in Afghanistan.

Sri Lanka’s Chief Justice’s Life In Danger – JSC

By Colombo Telegraph -September 29, 2012

“A situation has arisen where there is a danger to the security of all of us and our families beginning from the person holding the highest position in the judicial system,” Judicial Service Commission (JSC) Secretary Manjula Tillekaratne said yesterday.

Manjula Tillekaratne said yesterday there was a danger to the security of all of them and their families beginning from the person holding the highest position in the judicial system.

“I absolutely reject the malicious and baseless allegations levelled against me and the Judicial Services Commission these days. We see the only reason for this malicious mudslinging campaign was the mediastatement issued by me on the directions of the Judicial Services Commission,” Manjula Tillekaratne said.

Lawyers protest

In the Cabinet meeting on Wednesday President Mahinda Rajapaksa had discussed the possibility of initiating disciplinary action against the JSC Secretary over a complaint .

Meanwhile, the Lawyers Association attached to the Colombo Chief Magistrate’s Court yesterday staged a protest at Hulftsdorp over the mudslinging campaign against the JSC secretary.

A large number of lawyers who participated in the protest urged the authorities not to interfere in the judiciary saying it could lead to the end of democracy in Sri Lanka.

Relocated to nowhere

Removed from Sri Lanka’s onetime largest facility for Internally Displaced Persons (IDPs), the Menik Farm, on Monday (24) and relocated to Seeniyamottai in the Mullaitivu District, these 346 IDPs have little hope of resettling in their place of origin. Dilrukshi Handunnetti visited the displaced community in Seeniyamottai, collectively demanding the restitution of their homes, lands and their right to expeditious resettlement in the places of their origin

In one’s own country, it is possible to become the inquisitive intruder, if information is sought on crucial matters of policy and practice that the authorities may consider ‘unnecessary for journalists.’ Rabble-rousing can be in public interest, but not if power is centralized and the unwritten rule is to withhold information. In Sri Lanka, that being the rule, unearthing information in the interest of Sri Lanka’s war-displaced can prove daunting. Here is the evidence.

What is going on in a little-known place named Seeniyamottai in the Mullativu District is a well-guarded secret, with different agencies offering different interpretations. Often, the answer is to declare that they are not authorized to speak to journalists, unless papers are processed through the one powerful agency, Ministry of Defence, permitting officials to speak.

While an expeditious resettlement programme is said to be this government’s badge of post-war honour, read on to find out the holes in a resettlement programme that is said to be ‘coherent, co-ordinated and inclusive,’ according to Minister of Resettlement, Gunaratne Weerakoon, and all others involved.

In Seeniyamottai, there are over 400 families relocated following the closure of Sri Lanka’s largest internment camp, Menik Farm. Given that the road conditions were bad and to avoid undue attention, from Mankulam, it was a jerky three-wheeler ride on a bumpy and muddy road for over three hours. We set off around 9:30 a.m., only to reach the ‘IDP village’ around 12:30 p.m.

Hush-hush operation Read more

Timing couldn’t be worse-Villagers cry

foul over “forced relocation” in North

By Namini Wijedasa

Acontroversy is brewing in the North and the timing couldn’t have been worse. Just weeks before Sri Lanka’s human rights record is taken up for review at the UN Human Rights Council (HRC), Tamil parties have informed the international community that the government is forcibly relocating displaced persons.
In two widely circulated letters, former MP Gajendrakumar Ponnambalam is urging foreign governments to stop Sri Lanka from resettling the people of 5-1

Keppapulavu “against their wishes.” The story has now been picked up by multiple websites and news organizations.

Controversy
The government announced on September 19 that Menik Farm would be closed down in six days. The last remaining families were moved out on Monday. One batch was returned to their original homesteads. However, around 110 families from the village of Keppapulavu in the Mullaitivu district were relocated to an area called Seeniamoddai East.
Menik Farm is now closed. But what should have been an admirable achievement for the government has been marred by accusations that nobody from Keppapulavu wanted to leave – unless it was to their own lands. Their village, however, is occupied by the military.
Ponnambalam accuses the government of having rushed to dismantle Menik Farm in time for the HRC sessions in November. “I am sure you would agree with me that the people can’t be used as pawns by the government to attain its short term diplomatic goals,” he says in one letter.
The UN welcomed the closing down of Menik Farm but expressed concern for the last remaining displaced persons. Subinay Nandy, the UN humanitarian coordinator in Sri Lanka, stressed that a solution urgently needs to be found for the people who are unable to return to their homes.
“The UN is concerned about 346 people (110 families) who are returning from Menik Farm to Keppapulavu (sic) in the Mullaitivu District, who are unable to return to their homes which are occupied by the military,” he says in a statement. “Instead, they are being relocated to state land where they await formal confirmation about what is happening to their land in the future, and plans for compensation if they cannot return.”
“The Government is looking for solutions but it is important that the displaced people should be able to make an informed and voluntary decision about their future including being part of the planning and management of their resettlement,” Nandy says.
Meanwhile, the latest Joint Humanitarian and Early Recovery Update compiled by NGOs and the UN states that there were several resettlement movements from Menik Farm and host families to their areas of origin during September. “There was also a voluntary relocation movement of 214 IDPs (55 families) originally from Keppapulavu village of Maritimepattu Divisional Secretariat Division (DSD) to Sooripuram village,” it states. “This relocation was completed by the Government of Sri Lanka, without assistance from the international agencies.” This group appears to hold a contrary view to the Keppapulavu villagers who are now resisting relocation.

Original lands occupied
Menik Farm was set up in May 2009 for thousands of people fleeing the battles in the Wanni. At its peak, it housed 225,000 people in 700 hectares of land, the UN statement said. International organizations had been providing basic services such as shelter, food, water and sanitation, schools and primary health care along with other services.
Ponnambalam claims that the suspension of services was used as a tool to force people out. “When the inmates had resisted again, the military had made it clear that all the assistance that had been provided to them will be withdrawn,” he states. “Thereafter the buildings that housed the Menik Farm administration were dismantled along with the fences, etc.”
Inmates were forced to pack their belongings. The following day, everyone was reportedly transported to schools in Vattrapolai. On Tuesday morning, the villagers of Keppapulavu were informed that they will not be able to return to their homesteads – and that alternate land had been identified “for the time being” in a place called Seeniamoddai East.
“When the villagers had strongly resisted to being settled in any place other than Keppapulavu, the military had ordered that the lorries containing all the belongings be driven to the new site and unloaded,” Ponnambalam writes. “As the lorries contained all the belongings these villagers owned, they feared that if they didn’t follow the lorries to the new site, their belonging would be lost for good, hence they reluctantly moved to the new settlement in Seeniamoddai East.”
Ponnambalam says the new settlement has “jungle on three sides with the military occupying the fourth side that links the settlement to the rest of the world.” There is no water or basic infrastructure, he says: “The people have been merely dumped in a jungle clearing and are expected to manage.”
Authoritative sources quoting government statistics said a total 1,212 acres of private land is occupied by the military in Keppapulavu. This includes 528 acres of residential land and 684 acres of agricultural land. It is learnt that 278 people and their families own the residential land and that documentation is available.
These sources also said the land was not acquired through established procedures. If this had been done, the affected persons could have challenged the acquisition and filed for compensation. At present, the displaced people have not been told anything regarding compensation.

Govt. outlines process

Sri Lanka’s human rights record will come up for examination before the UN Human Rights Council in November. This is part of the HRC’s unique Universal Period Review system under which countries submit themselves to evaluation by their peers. The country document prepared by the government in view of this process 5-2

has this to say about the resettlement of the displaced:
—“The GoSL intends to complete the resettlement process by this year. While every effort is being made to resettle persons in their original habitat, in instances in which this is not possible, they will be given alternate land. This process would have been executed much faster if not for the extensive mining of the area by the LTTE approximating to 5,000sq km. While 116sq km of territory remains to be demined, the demining of remaining land to facilitate the return of IDPs will be completed by the end of 2012. The demining has been done mainly by the Sri Lankan Army with international collaboration including certification of demined areas by the UN.”
—“The resettlement process has been voluntary, involving informed choice of the displaced family/person through facilitation of “go and see visits” prior to resettlement. Assistance for construction of housing and livelihood development is also being provided.”
—“The former High Security Zones (HSZs) have ceased to exist. The Palaly Cantonment is now the only area in which some security restrictions remain, but even within the Cantonment, civilians have unrestricted access to the airport and the Kankesanthurai harbour. While it is true that there are still some civilian properties included in the Cantonment, it must be stressed that civilians have not occupied these properties for the last 20 to 25 years. The Government has taken measures to pay compensation to the owners of these properties and to provide alternate land to them. It should also be noted that lands that had been forcefully taken from the people and occupied by the LTTE for many years have also been released to their legal owners. The former HSZ in the Eastern Province located in the Sampur area from 2007 has been reduced in extent by 65% and declared a Development Zone under the Board of Investment. The IDPs from this area who are to be resettled will be granted alternative land or compensation.”

Putting paid to the Government’s false claims: The new IDPs in Sri Lanka

Dilrukshi Handunnetti-29 Sep, 2012

Editors note: On the day Menik Farm was officially closed, an urgent memo was circulated widely on the fate of the IDPs from Keppapilavu. The memo adds vital context to the following story, which also needs to be read in light of Government and Ministry of Defence claims that,

there are no longer any IDPs in Sri Lanka.
that they have all been resettled.
that phrases like “Internally displaced people, relief camps & refugee camps” will not be there in Sri Lankan dictionary in future

The war displaced community in Seeniyamottai in the Mullaitivu District have a story that is different to others. Unlike other internally displaced persons (IDPs) living within the confines of Menik Farm, Sri Lanka’s largest internment facility as well as the world that officially closed last week, these 346 returnees were relocated instead of being resettled.

With Menik Farm formally declared as closed on 25 September, the final batch of IDPs, comprising 1,185 persons were expected to be resettled in their places of origin, Mandavil and Keppapilavu in Mullaitivu District.

The Keppapilavu group instead, found themselves ordered to board a bus that transferred them to a Vettraplai Maha Vidyalaya for a day. While they harboured hopes of finally returning home, they were surprised but did not protest when temporarily housed at the school, only to be unceremoniously asked to leave by the military the very next day. They left, again with the hope of returning to their homes after years of displacement and were instead relocated in Seeniyamottai.

The returnees have protested and petitioned against the decision to resettle them in a place other than the place of their origin. But it is now their fate to officially relinquish legal ownership of their various properties in their native village and commence a new life, in this new IDP village in Seeniyamottai.

These saddened people will be the only IDP group from Menik Farm’s resettlement programme to not return home. Relocated elsewhere, they feel their rights and identities have been disrespected by the State in order to facilitate the armed forces and their continued presence in Keppapilavu, enjoying thier homes and lands while they perish in an IDP camp elsewhere.

All photos by Dushiyanthini Kanagasabapthipillai.

“Why did the Government force us to leave Menik farm, if they can’t resettle us in our places of origin?” ~ queries Uthayakumari Ingaramuthu Sivaguru with anger and tears.

“I have a lot of properties in Keppaappilavu, which are currently occupied by the military” ~ Chandra Sivaguru.

The Government has to resettle us in our places of origin. Demand women from Keppaappilavu and Seeniyamottai villages in Mullathivu district.

“If people from Mullivaaikkaal and Vattuvaagal can be resettled, why can’t the Government resettle us in the places of origin?” ~ queries Kamaladevi Amirthalingam.

An IDP shows the deed to her land and house in Seeniyamottai. The property is currently occupied by the military.

“I don’t want to go anywhere! except to my place of origin Keppaappilavu” ~ shares Saraswathy Kanthapillai while crying and worshipping.

“How long are we going to lead an IDP life” ~ queries Sarojadevi Nimaleswaran.

“It’s been our fate for nearly 30 years of being an IDP” ~ Kanapathipillai Raguthasan.

This is the closest access ~ From top of the lane which leads to the temporary relocation in Seeniyamottai.

This is the closest access ~ From top of the lane which leads to the temporary relocation in Seeniyamottai.

Menik Farm closes down while IDPs appear unhappy

over resettlement

By Sanath Priyantha-Sunday 23 September 2012

The government closed down the last two refugee camps in the North – the Kadirgamar camp and the Ananda Coomaraswamy camp, respectively, on
5-4

September 24.
In effect these two camps were not merely shut down but were removed altogether. The two refugee camps were situated at Menik Farm in Chettikulam, in the Vavuniya district.
A few years ago Menik Farm was virtually unheard of as the North-East war raged. But in the aftermath of the setting up of IDP camps or refugee camps there, Menik Farm that housed the most number of IDPs started to come under the microscope. In fact Menik Farm became internationally known as an IDP camp in Sri Lanka. The final stages of the war resulted in around 300,000 IDPs who were transferred to camps in Vavuniya and detained there against their will.

This process, together with the conditions inside the camps and the slow progress of resettlement since 2009 drew much concern and criticism from within and without the country.
On May 7, 2009 the Sri Lankan government announced plans to resettle 80% of the IDPs by the end of 2009. On December 1, 2009 the camps were opened giving the IDPs limited freedom.
The IDPs would have to return to camps within 15 days or report to the police regularly. On December 29, 2009 the government stated that there was no deadline for the resettlement of the IDPs.
The pace of resettlement increased in 2010 and by July 2011, most of the IDPs had been released or returned to their places of origin, with 7,500 still living in the 5-3

camps. The people awaiting resettlement were almost entirely (98%) from areas in Mullativu which is heavily laid with landmines.
IRIN reported on September 21, 2012 that government officials had stated that the Menik Farm IDP camp would be closed by September 30, 2012. Most of the IDPs had arrived at Menik Farm during the waning days of the war in 2009 and that number has continued to escalate during the three years since the end of the humanitarian operations back in May 2009.
Since the end of hostilities the government has been stretched to the maximum to maintain Menik Farm given the growing number of refugees as even LTTE cadres who had surrendered to the government security forces were housed there initially.
To cater to a such a large number of refugees the security forces were forced to put up 18 temporary hospitals, 33 children’s schools, 13 banks and 16 post offices.
There were 320 kitchens that were set up. The number of temporary toilets built had been 8109. While these facilities were provided, the government had to also contend with international pressure concerning the IDPs.
There were several high-profile international figures who toured the Menik Farm camp, and most prominent among them was UN secretary general Ban Ki-moon.
They were all determined to bring pressure on the government to relocate the refugees from the IDP camps, especially those housed at Menik Farm, and speed up efforts to bring about reconciliation in the North-East.
The resettlement process started on August 5, 2009 and by May 2012 the government had only another 6000 or so IDPs to be resettled. Wanni Security Forces Commander Major Boniface Perera, airing his views in this connection told this newspaper that it was a huge triumph for both the government and the security forces to have been able to resettle the displaced people so swiftly and in a detailed manner to the satisfaction of all communities in the North-East.
“Henceforth there will be no IDP camps in the country as we have totally resettled them from last week,” said Major Perera.
Some of the refugees who spoke to this correspondent in Vavuniya also commended the efforts of the government to complete the resettlement process within three years since the end of the war and said they are glad to have left the life spent in IDP camps and be able to live in new surroundings for the rest of their lives.
But many refugees blamed the government for destroying their properties and the lives of relatives in the war. They are also unhappy that they have been resettled in different villages. They demand that the government resettles them in their original villages.

Comparison; Wages In The Central Bank And Universities

By Usvatte-aratchi -September 29, 2012

In 2011, there were 1441 employees in the Central Bank and they were paid Rs. 2, 250, 029,000 as shown in the published accounts of the Bank. Then on average an employee was paid Rs. 1,560,000 per year, an average monthly pay of Rs. 130,000. Of all employees 11% were Minor Employees: drivers, peons and others. Those not minor employees fell into two categories: Staff Class and Non-staff Class, roughly equivalent to professional and general service categories. There were 646 employees in the Non-staff Class and 629 in the Staff Class. There were 4 employees on fixed term contracts, who were not classified. That makes up the 1441.

Of all employees in the Staff Class, 17 percent [109 out of 629] had no post secondary education, whatever. Of them 83 were in Grade I, 23 in Grade II and 3 in Grade III and none in the highest grade, Grade IV. They are generally those promoted from the Non-staff Class on account of outstanding work in that class and promise of good work at higher level s of responsibility. Of all employees in the Staff Class, 28 [4 percent] had professional qualifications, without a first degree. Then 137 out of 629 [22 %] had no first degree. 248 [40 percent of 629] had only a first degree; 80 [13 percent] had a university degree and professional qualifications; 124 [20 %] had a post-graduate degree; and 32 [about 5 %] had a post-graduate degree and professional qualifications. Those in Staff Class who had qualifications beyond a university first degree comprised 38 percent of all in that class. Those with only a first a degree constituted 44 percent of the total, considering those with a professional qualification and no university degree as having obtained a university degree. Then 61 percent of the staff in the Staff Class had no education beyond a first degree from a university.

Let us try to establish the average wage paid to an employee in the Staff Class in the Bank. We know that the average wage of all employees was Rs.130,000 a month [2, 250, 029,000 (1/12, 1/1441). Let us ASSUME that minor employees were paid on average Rs.30,000 a month. Their total monthly wage bill would be Rs.4,860,000. Let us also ASSUME that the average wage of an employee in the Non-staff Class was Rs.75,000, 2.5 times the average wage of a minor employee. They would be paid Rs.48,450,000 a month. That leaves Rs.144, 192,500 to be paid to 629 employees in the Staff Class, giving them an average wage of Rs.229,000 per month. That works out to three times the average wage paid to an employee in the Non-staff Class and about eight times the average wage of an employee in a the Minor Employee category. These multiples do not look grossly unlikely.

What was the conspiracy behind the closure of Leeds International School?

Saturday, 29 September 2012

The real reason for the sealing of the Leeds International School in Galle by the Colombo Commercial High Court on a case related to loans obtained by the school is now being revealed, a member from the parent teacher association told us. There were 950 students receiving education at the school at the time of its sealing.

The school has eight branches island wide. In order to raise funds for the schools, the lands in Galle and Payagala had been mortgaged to The Finance Company at Rs. 175 million. However, the amount has increased to Rs. 325 million with the addition of interest rates. The Finance Company had then filed a case before the Colombo Commercial High Court to get back the money.

The court had granted the interim relief requested by the complainant. However, a senior lawyer said that the court had only taken into consideration the plight of the complainant company and had not looked at the plight of the 950 students who were being educated at the school after paying the relevant fees.

N.R. Associates is appearing for the complainant, The Finance Company. The owner of this law firm is a junior lawyer called Namal Rajapaksa. It is Namal Rajapaksa’s law firm that is carrying out all legal work of The Finance Company.

The assets of 50 real old The Finance Company is valued at around several billions of rupees. After getting rid of the former Chairman of Ceylinco Group, the Central Bank Governor took over the best asset in the group, The Finance Company and appointed a dummy board of directors in order to give the powers of the company to the royal family. Chairman of the board of directors is Preethi Jayawardena. Also, Ajith Devasurendra, who is carried out deals on behalf of the Central Bank Governor, is also in the board of directors.

Plans have already been drawn to extort the liquid assets of The Finance Company through its dummy board of directors. The sealing of Leeds International School is yet another attempt at initiating this plan.