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

Thursday, October 4, 2012


Opening brief filed in US war-crimes appeal against Rajapakse

[TamilNet, Thursday, 04 October 2012, 04:20 GMT]
Bruce Fein, former US Associate Deputy Attorney General
TamilNetBruce Fein, former US Associate Deputy Attorney GeneralBrief for the three Tamil Plaintiffs-Appellants in the case, Kasippillai Manoharan versus Percy Mahendra Rajpakse, the current sitting Head of Sri Lanka, was filed on Tuesday at the United States Court of Appeals for the District of Columbia, plaintiffs' attorney, Bruce Fein said. The legal issue raised was whether the words "an individual" in the Torture Victims Protection Act (TVPA), Congress subjected to civil liability for complicity in the universal crimes of torture or extra judicial killings under color of foreign law to implement the Convention Against Torture and to advance promoting human rights abroad include the sitting head of states (Mahinda Rajapakse) sued in their individual capacities, the legal brief of the plaintiffs said. 

Tamils Against Genocide (TAG), a US-based activist group that seeks legal redress to Tamil war victims, and which initiated the case, said that until all legal avenues are exhausted legal actions against Sri Lanka's high level military and political officials responsible for the Mu'l'livaaykkaal massacre of more than 40,000 unarmed Tamil civilians, the "crime of this century," will continue. 

The brief argued that the District Court erred in the following legal issues when rendering the earlier ruling dismissing the case:
  • the Court "erred in conceiving Customary International Law (CIL) as including discretionary as opposed to obligatory rules and by slighting the Convention Against Torture and the Rome Statute in determining whether CIL has evolved since the TVPA to permit civil suits against sitting heads of state for the universal crimes of torture and extrajudicial killing which do not paralyze a foreign government as would a criminal arrest or imprisonment of a sitting Head of State,"
  • the District Court misinterpreted the TVPA by reliance on inconclusive legislative history in lieu of plain statutory text.
  • the District Court further stumbled by neglecting the constitutional foreign policy prerogatives of Congress under Article I, Section 8, Clause 10 to sanction violations of the law of nations at variance with the President’s preferred realpolitik.
rajapakse
Plaintiffs argued that contrary to the District Court, CIL does not recognize limitless executive discretion to grant or withhold sitting Head of State Immunity. By definition, CIL is obligatory, not optional. 

The brief also argued further that, to sustain the President’s unfettered discretion to extinguish a TVPA claim against a sitting head of state to advance the Presidents’ foreign policy would effect an unconstitutional taking of property without just compensation under the Takings Clause of the Fifth Amendment of the U.S. Constitution. 

The Plaintiffs also pointed out that District Court’s conclusion that Executive Branch prescriptions of sitting Head of State Immunity are binding on the Judiciary in Article III cases and controversies conflicts with the Supreme Court’s rationale in United States v. Klein, 80 U.S. 128 (1871) that rules of decision for federal courts may not be prescribed by the political branches. 

In sum, the legal brief said, all relevant canons of statutory construction militate in favor of the TVPA’s application to sitting heads of state complicit in the universal crimes of torture or extrajudicial killings under color of foreign law to further Congressional human rights objectives abroad.

The complaint filed first in 2011 at the District Court for this case alleged multiple violations of the TVPA) based on Sri Lanka's President Rajapaksa’s command responsibility for the extrajudicial killings of Ragihar Manoharan, the son of Plaintiff Dr. Kasippillai Manoharan, of Premas Anandarajah, a humanitarian aid worker for Action Against Hunger, and husband of Plaintiff Kalaiselvi Lavan, and four members of the Thevarajah family, all relatives of Plaintiff Jeyakumar Aiyathurai.

The case was dismissed in February 2012 by Judge Kotelly after the U.S. State Department intervened to assert that, as a sitting head of state, Rajapakse was immune from litigation.
UNHCR to phase down its ops in SL

THURSDAY, 04 OCTOBER 2012
The UN (United Nations) said that the operational role of the UNHCR in Sri Lanka will be phase down for many of the reasons.

Responding to a statement by Ambassador to the United Nations in Geneva Ravinatha Aryasinha, UN High Commissioner for Refugees Antonio Guterres also stated that "the operational role of the UNHCR in Sri Lanka will be phased down for many of the reasons that were elaborated upon in the Ambassador’s statement".

He said the "UNHCR will continue to be committed to supporting voluntary repatriation of some of the refugees of Sri Lanka from India, as well as with the resettlement of the remainder of the internally displaced in their places of origin".

Meanwhile, addressing the 63rd Session of the Executive Committee of the United Nations High Commissioner for Refugees (UNHCR) Mr. Aryasinha said that "in contrast to the considerable difficulty and gloom in the humanitarian crises that continue to engulf many parts of the world today, Sri Lanka’s recent achievements provides confidence and hope".

In his address he detailed the considerable progress made over a little over three years - in IDP resettlement, de-mining, re-integration of ex-LTTE combatants, the shrinking of the high security zones, increase of economic growth in the northern province and operationalization of LLRC recommendations.

He said "it lends credence to the position that even the most severe and insurmountable of challenges could be overcome with the political commitment and dedication of the concerned country, and the requisite support provided by the international community. He said Sri Lanka remains ready to share its experience and best practices in post-conflict resettlement and rehabilitation with the international community, and looked forward to strengthening the ongoing cooperation between the UNHCR and member states".

Wednesday, October 3, 2012


The UN And Sri Lanka-Assistance Or Interference

By Young Asia Televsion -October 3, 2012
Colombo TelegraphIn a few weeks time officials from the United Nations and country representatives will meet in Geneva to assess the progress of countries which have made commitments to the UN on various aspects of Human Rights. The upcoming meeting is officially called the Universal Periodic Review (UPR). There are 3 sessions that take place every year and this time Sri Lanka’s is one of the 16 countries that will be reviewed in its 14th session.
A team from the UN was in Sri Lanka a couple of weeks ago to see how far we have gone to uphold Human Rights and support us. The visit however had different reactions from various segments of society.
Here’s a report on a protest organized by the Jathika Hela Urumaya opposing the visit followed by an interview with Dr. Saravanamutthu of the Centre for Policy Alternatives about the visit and the context in which it was made.

Connections | October 24, 2012
http://connections.youngasia.tv

Divinaguma Bill: Can It Be Made Applicable To The Northern Province?


By Lal Wijenayaka -October 3, 2012
Lal Wijenayaka
Colombo TelegraphThe Bill bearing the title ‘Divineguma’ which was published in the Government Gazette on 27th July 2012 and placed in the Order Paper of Parliament was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.  The Bill intends to repeal the Samurdhi Authority of Sri Lanka Act No. 30 of 1995, Southern Development Authority Act, No. 18 of 1996 and the Udarata Development Authority Act, No. 26 of 2005, in order to form one Department known as the Divineguma Development Department.  The Bill deals with several subjects that are set out in the Provincial Council List of the 9th Schedule of the Constitution.  Therefore the Bill was challenged on the grounds that it did not comply with Article, 154 G(3) of the Constitution which sets out that ‘no Bill in respect of any matter set out in the Provincial Council List shall become law unless such Bill has been referred by the President, after its publication in the gazette and before it is placed on the Order Paper of Parliament, to every Provincial Council for the expression of its’ views thereon, within such period as may be specified in the reference.’
The Supreme Court held that it is mandatory to follow the procedure laid down in Article 154 G(3) as the subjects dealt with in the Bill were dealing with several subjects contained in the Provincial Council List.  In fact it is seen that the Bill over-rides at least 16 subjects in the PC list.  This would in fact mean that the powers of the PC’s in respect of these subjects will be vested in the ‘Department of Divineguma.’  Constitutional Provisions in Article 154 G(3) lays down special procedures where an infringement of the powers of the PC’s are envisaged in a Bill placed before Parliament.
The Government has withdrawn the Bill from the Order Paper and is in the process of getting the PC’s to agree to the passing of this Bill.  In fact what is being asked is for the PC’s to agree to amputate its limbs.  But, the Government is faced with one problem regarding the Northern PC which is not functioning.  Therefore there is no way of getting the Northern PC to agree to the passing of the Bill.  Which will mean that the ‘Divineguma Development Act’ will not be in operation in the Northern Province.  The Government seems to be of the view that since the Governor is the authority appointed by the President to administer the Northern PC, the agreement of the Governor to passing of the Bill amounts to the Northern Provincial Councils’ agreement to the passing of the Bill by Parliament.  It is the view of the writer that this contention is legally untenable and goes against the letter and spirit of the Constitutional Provisions.
The requirement under Article 154 G(3) of the Constitution cannot be equated to the provisions regarding the enactment of statutes.  When the PC agrees to a Bill under Article 154 G(3) of the Constitution, what it in pact does is agreeing to the curtailment of some of its powers by vesting an authority outside the PC to use the relevant powers regarding subjects devolved on the PC.  This is a more serious decision than enacting a statute by the council under the Provisions of Constitution.
There is no specific provision in the Constitution which substitutes the agreement of the Governor to that of the council at a time that the Governor is the administrating authority.
Article 154 L of the Constitution empowers the President to assume to himself all or any of the functions of the powers exercisable by the governor or any other authority other than the powers of the Provincial Council after making a proclamation as envisaged in the Article or the President may declare that the powers of the PC shall to exercisable by or under the authority of Parliament under Article 154 M of the constitution.
Under Article 154 M(1), in an instance when the President under 154 L declares the powers of a PC shall be exercisable by Parliament or under the authority of Parliament, the Parliament may confer the powers of the PC to the President including the powers to make statutes and to authorize the President to delegate such powers to any authority.
It is seen that the only instance where the statute making powers of the PC in conferred on the President or an authority to which such power is delegated is under the above Article.
But what is conferred under Article 154 M(1) is the statute making power of the PC.  When a Bill of Parliament is referred to the PC it is not a statute of the PC and cannot be considered to be statute of the PC.  Therefore, it is not possible under the provisions of the constitution to substitute the agreement of an authority delegated with the powers under Article 154 M to that of the agreement of the PC  as it is not a statute of the PC.
It will also amount to the executive indirectly encroaching on an important power of the PC when the PC is not functioning.
This will in fact amount to the president and the cabinet presenting a Bill to Parliament and the President himself acting on behalf of PC to agree to Bill under Article 154 G(3).
This goes against the spirit of the 13th Amendment, which was brought about as a means of devolution of some of the executive and legislative powers on PC’s as a political settlement to the National Question.



NESoHR book on Tamil massacres prior to 2009 published in German

TamilNet
[, Tuesday, 02 October 2012, 23:21 GMT]
A compilation of large-scale massacres from 1956 to 2008, brought out by the North East Secretariat on Human Rights (NESoHR), has been translated to German. The book, “Damit wir nicht vergessen” will be launched at Frankfurt Book Fair this month. The publication has an important historical dimension as it presents the massacres prior to 2009 genocidal onslaught in a historical dimension, says Emeritus Professor Peter Schalk in Uppsala, Sweden, sending an introductory note to TamilNet. “In a shortened time perspective those violations of human rights [in 2009] may appears as an occasional and random deviation of a particular Government of Sri Lanka or as committed by individual offenders. We have good reasons to assume that this massacre by the government represents a planned cultural and physical genocide over a long time,” he further says adding that a Chinese translation is desirable. 

“The Chinese people should know to whom in Sri Lanka is transferred their acquired surplus value through hard labour,” says Professor Peter Schalk. 

The data collection for the period from 1956 to 2002, had been carried out by the Statistical Centre for North East (SNE) under the de-facto Tamil Eelam administration, headquartered at Ki'linochchi in Vanni, in 2003 after the signing of the ceasefire agreement in 2002, which allowed relatively free access to all areas of the Tamil homeland. Affidavits were also obtained by the SNE from the surviving victims through the village officers (GS). 

NESoHR book in German
The data collection is not a complete document on the large-scale massacres prior to 2002 as it did not include those who had moved to places outside the Tamil homeland. Also missing are information about families that were killed en masse because no one were left in the villages to report about them.

Founded in June 2004, the North East Secretariat on Human Rights (NESoHR), which emerged as the de-facto human rights arm of the Tamil civil administration, brought out the compilation in part one in 2007. The publication, which listed nearly 115 different incidents of killings and large-scale massacres, did not include the war crimes committed by the IPKF.

The IPKF massacres, documented by the NESoHR were however brought out in a separate publication, “In the Name of Peace: IPKF Massacres of Tamils in Sri Lanka”, by Delhi Tamil Students Union in April 2011. 

The NESoHR had its own mechanism of documenting the atrocities and massacres and was issuing a number of in-depth reports of human rights violations that took place after 2002. However, the NESoHR was forced to stop functioning in late 2008 due to the genocidal onslaught on Vanni. These reports were included in the publication “Massacres of Tamils 1956-2008” published by Manitham Publishers in 2009.

Rev Fr M X Karunaratnam, the chairman of the NESoHR was assassinated in a Claymore attack by a Deep Penetration Unit (DPU) of the Sri Lanka Army in April 2008. 

Earlier, two of the founder members of the human rights body, former parliamentarian Ariyanayagam Chandra Nehru from Ampaa'rai and parliamentarian Joseph Pararajasingham had been assassinated by SL military intelligence. 

NESoHR’s work can be studied at close range in Dr. N Malathy's recent work: “A Fleeting Moment in my Country. The Last Years of the LTTE DE-Facto State.”

Malathy's work also takes the reader beyond 2008, to the “worst genocidal actions in the modern history of Ilam, of the annihilation of tens of thousands civilian Tamils while fleeing and while pining away in concentration camps in 2009,” Peter Shalk writes in his note on the translation of NESoHR compilation into German language. 

The official launching of “Damit wir nicht vergessen...” will take place at the Frankfurt Book Fair on 14 October 2012 at 4 pm (Halle 3.1, Stand A 136).


SAUDI ARABIA/SRI LANKA: Justice for Rizana Nafeek

AHRC Logo
By Fil Munas-October 3, 2012
30 September, 2012
I want to tell you, and from your mouth to God's ear, the tragic tale of Rizana Nafeek, an inconsequential and faceless housemaid from Sri Lankawho is presently incarcerated and awaiting public execution by beheading in Saudi Arabia.

The tale begins in 2005 when Rizana, hardly 17 years old at the time, left her poor homeland of Sri Lanka to work as a servant in the oil-drenched monarchy of Saudi Arabia. Rizana, a very brave and courageous individual, the eldest of her siblings, undertook this ill-fated journey to support her penurious family back home. The family lived in a dilapidated shack, her father scavenged and sold wood from an adjoining forest for sustenance, and the destitute parents could not afford healthcare, proper nutrition, or to send their children to school. Rizana, fired by the dreams and the innocence of youth, hoped to make a difference with the relatively handsome wages she expected to make as a housemaid in Saudi Arabia. She would build a new house in the village for her family, provide for her parents, send her siblings to school….

Rizana arrived in Riyadh on May 4, 2005 and was immediately sent to work in the household of her sponsoring employer in the town of Dawadmi in central Saudi Arabia. In addition to her numerous housekeeping chores she was given the task of caring for her employer's infant child who was hardly 4 months old at the time. She was bottle-feeding the infant on May 22, 2005 when, according to Rizana, the baby "choked" during the feeding. Desperately, the terrified housemaid shook the infant in a futile attempt to get the baby to breathe again, but to no avail. The baby died.

Rizana and the baby were in a room by themselves when the incident occurred. As she continued shaking the now presumably dead baby and screaming for help, the infant's absent mother, who did not witness any of the antecedents, walked into the room and immediately accused Rizana of murdering the child. Rizana was arrested on the spot and taken to prison.

Shortly thereafter the Saudi authorities procured a signed "confession" from the miserable teenager admitting she had murdered the infant. Rizana subsequently stated that she was threatened and beaten by the local police into signing that statement. No autopsy of the deceased infant was ever performed by the investigators to ascertain the cause of death.

The case went to trial in the Dawadmi High Court. Without the benefit of due process or the presumption of innocence, and based solely on the "confession" extracted from her and which she had subsequently recanted, Rizana Nafeek was sentenced to death on June 16, 2007. Death will be by public beheading.

Poor Rizana has been languishing in a Saudi prison - now awaiting her executioner - ever since the teenager was arrested for the alleged offense seven years ago, in 2005. As most objective people would agree, Rizana is unlikely to have murdered her employer's child. This brave young girl had ventured far from home seeking a job to help her family. She had worked just two weeks for her employer before the infant died, hardly any time to develop antipathy for the family or a motive to kill the baby. Why would she do it after all that sacrifice?

Rizana was provided no legal representation during the trial by the Sri Lankan government or by any other source. After the sentencing, and just before the deadline for an appeal was to expire and immediate execution loomed, the Asian Human Rights Commission graciously funded an appeal which, however, was unsuccessful. The Saudi authorities claim there is nothing they can do for her. The Sri Lankan government has done little for its star-crossed young citizen except to send ineffective gaggles of local politicians to pow-wow with the Saudis. Only a pardon by the parents of the deceased infant can spare Rizana's precious life. And they have turned her down.

If nothing else, shed a tear for Rizana Nafeek.
----------------
About the author: Fil Munas, M.D. is a psychiatric physician and hobby-beekeeper living in Southern Illinois, USA. He may be reached at 1american.muse@gmail.com
Attacks On Judiciary: Painful Blows On ‘Rule Of Law’, Can It Survive?

By Lal Wijenayaka -October 3, 2012
Lal Wijenayaka
Colombo TelegraphThe much respected and universally accepted concepts of ‘Rule of Law’ and ‘Independence of the Judiciary’ are again at the forefront of the political dialogue in our country.
Article 12(1) and 12(2) of the Constitution declares ‘Rule of Law’ as a fundamental right by enacting that ‘all persons are equal before the law and are entitled to equal protection of the law’ and that ‘no citizen shall be discriminated against on the ground of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds.’  What it means is that law shall apply equally to all citizens and all citizens will be subject to the due process of the law.  One cannot envisage Rule of Law without an Independent Judiciary.  Independence of the Judiciary is constitutionally protected by the provisions set out in Articles 107 to 117 of the Constitution.
It is not an overstatement to state that a government by the will of the people, upholding of the fundamental rights as enunciated in the Universal Declaration of Human Rights and the Rule of Law are the three pillars on which a Modern Democratic state rests.  The Rule of Law requires a judiciary that is independent such that their conscience should accompany their judgment.  The judiciary has to adjudicate between man and man and between man and the state in the manifold disputes that arise between them.   The Independence of the Judiciary is to hold the scales evenly in adjudication between man and man and man and the state.  The Independence of the Judiciary in judging between man and man is not difficult to ensure, as the independence of the judges in judging between man and the state.  Importantly the struggle for independence of the judiciary has been the struggle to ensure Independence of the Judiciary in judging between man and the state.  What in fact it means in modern governance is that the judiciary should be independent from the executive and the legislature in the performance of its constitutional function in the administration of justice.
It is not in dispute that Sri Lanka has enjoyed the Rule of Law and the Independence of the Judiciary at least from the advent of the Donourghmore Constitution in 1931 till the introduction of the Executive Presidential System of Government in 1977.  The threat to the Rule of Law and the Independence of the Judiciary under the Executive Presidential System with a powerful President was one of the main reasons that prompted all political parties to agree to the introduction of the 17th amendment to the Constitution.  The repeal of the 17thamendment by introducing the 18th amendment to the Constitution has vested unprecedented powers unknown in any Presidential System that even nominally proclaims to be democratic.
It has to be accepted that the perception of the masses is that the ‘Rule of Law’ and the ‘Independence of the Judiciary’ has faced painful blows and that we are  faced with the question can the Rule of Law and Independence of the Judiciary survive in the face of these  blows.
After the 18th Amendment and the unprecedented move by the President in bringing the Attorney General’s Department under the Ministry of Defense which is under him, events has moved fast which has caused deep concern among those committed to upholding the due administration of justice.  The withdrawal of a murder charge against a political activist of the Government party while the trial was on, the withdrawal of the indictment against a minister changed with misappropriation, the withdrawal of rape charges against an MP on flimsy and legally unacceptable grounds, the behavior of a minister in tying a public servant to a trace in the view of the Police and TV Cameras and the failure of the authorities to take action, the way the Bharatha Lakshman Premachandra’s murder investigation handled, the Malaka affair, the numerous criminal acts of politicians which has been either ignored or condoned and many other incidents culminating in the attack on the Magistrates’ Court of Mannar and intimidation and threats on the Magistrate in performing his judicial functions, are of deep concern for all those committed to a ‘Rule of Law’ and ‘Independence of the Judiciary’.
In the face of these events the statements issued by the Judicial Service Commission through its’ Secretary and the verbal attacks that followed on the Chief Justice and the Other Judges of the Supreme Court in the state media through well known spokesmen for the Government when the judgment n the reference to the Supreme Court regarding the Divineguma Bill was due has brought the issue of ‘Rule of Law’ and ‘independence of the Judiciary’ to the center stage of the political discourse.
It is the 1st time in the legal history of our country that the JSC and/or judges has to go public on the interference of the executive in the performance of the constitutional functions vested in the  the JSC.  We should salute the JSC for its’ boldness in not submitting to the pressures of the executive and for the boldness displayed in issuing a public statement.  It is the people who are souvereign under our constitution and the people has to be aware of any pressure that is brought about to prevent the due functioning of the Constitution.
What is important is to understand the underline meaning of the contents of the statement issued by the JSC.
It conveys the message that the pressure on the JSC is so heavy that the JSC while resisting these pressures it is becoming unbearable.  Further it is a statement that calls upon the people, that is civil society to be aware of what is brought about on the JSC.
The Bar Association of Sri Lanka as well as ‘Lawyers for Democracy’ which is an organization of Lawyers has come out in support of the JSC in its struggle to protect its independence.
Lawyers in different parts of the country has come out in support of the JSC, which in fact means for protection of the ‘Rule of Law’ and ‘Independence of the Judicial’.
As civil society becomes aware of the gravity of the situation there is bound to be more forceful demonstration of its opposition to the moves to subvert the Rule of Law and the Independence of the Judiciary.
It is seen that those concerned are not paying serious attention to what has caused this crisis.  The crisis is due to the all powerful office of the Executive President that we have created.  It is only the dismantling of this system and a reversal to a parliamentary democracy with the executive powers vested in the Prime Minister and the Cabinet under the overall control of the legislature with accountability to Parliament that can bring back the faith in ‘Rule of Law’ and ‘Independence of Judiciary’ and in fact it means democracy itself that we enjoyed and which is turning out to be history now.

At UN assembly, Sri Lanka’s Foreign Minister warns against selective intervention



Foreign Minister G. L. Peiris of Sri Lanka addresses General Assembly. UN Photo/Jennifer S Altman

1 October 2012 – Addressing the General Assembly at UN Headquarters in New York, Sri Lanka’s Foreign Minster, G. L. Peiris, today deplored the selective intervention in the internal affairs of some countries, stressing from the Assembly’s podium that conflict resolution must be based on the United Nations principle of the sovereign equality of States.
“The noticeable recent tendency to selectively and arbitrarily intervene in the internal affairs of States flies in the face of this principle and dilutes the confidence so carefully nurtured in the UN system,” Foreign Minster Peiris told the 67th Assembly on the last day of its annual General Debate.
“Sri Lanka believes that in the settlement of international disputes, action must be based on the fundamental principle of sovereign equality of States, a principle firmly enshrined in the Charter of the United Nations,” he added.
In his statement, the Foreign Minister decried the “cavalier attitudes” of the financial markets in developed countries which have led to the disruption of millions of lives and the social fabric of many societies in the current global economic crisis.
“A recovery without uplifting the developing countries simultaneously will be unsustainable,” he warned, emphasizing that a significant aspect in addressing the problem must be a restructuring of the global financial architecture. “It is important to note that global financial power has shifted over recent times from the industrialized North to the powerhouses of the South.”
“It is imperative that the global financial institutions reflect these tectonic changes in the international arena. They must now be reflected in the global structures, including the UN, its agencies and other multilateral institutions,” Mr. Peiris continued. “The UN can play an important role towards achieving this end.”
He also stressed the need for assistance to help developing countries mitigate the adverse consequences from too rigid an application of green economic principles to combat climate change, and called on the UN system and other development cooperation mechanisms to provide aid for middle-income countries to achieve sustainable development.
Sri Lanka’s Foreign Minister is one of scores of world leaders and other high-level officials presenting their views and comments on issues of individual, national and international relevance at the Assembly’s General Debate, which ends later on Monday.
The UN and Sri Lanka-Assistance or Interference

Young Asia TelevisionConnections | October 01, 2012


by 

Connections | October 01, 2012 from Young Asia Television on Vimeo.

In a few weeks time officials from the United Nations and country representatives will meet in Geneva to assess the progress of countries which have made commitments to the UN on various aspects of Human Rights. The upcoming meeting is officially called the Universal Periodic Review (UPR). There are 3 sessions that take place every year and this time Sri Lanka’s is one of the 16 countries that will be reviewed in its 14th session. 

A team from the UN was in Sri Lanka a couple of weeks ago to see how far we have gone to uphold Human Rights and support us. The visit however had different reactions from various segments of society.

Here’s a report on a protest organized by the Jathika Hela Urumaya opposing the visit followed by an interview with Dr. Saravanamutthu of the Centre for Policy Alternatives about the visit and the context in which it was made.

* Redirecting Muslim Fury -"The Innocence of Muslims"
In July 2012, a clip of a short film called "Innocence of Muslims" by Nakoula Besseley Nakoula mocking Islam and the Prophet Muhammad was uploaded to the internet triggering protests across the world.

Muslims in Sri Lanka too reacted to the film-with different segments of the community reacting in different ways.

* Tree Planting "By the Youth for the Youth"
We end today’s program with a look at what the Young Men’s Christian Association in Sri Lanka is doing to make things right with nature and also as part of an effort to unite the youth in the country in an activity that will benefit all communities-Tree planting.

The Hidden Dynasty In The Justice System: Set A Former Chief Justice To Catch A Chief Justice




Colombo TelegraphBy Colombo Telegraph -October 2, 2012
The Rajapakse regime has decided to embark on an assault on the Chief Justice Shirani Bandaranayake, the Colombo Telegraph reliably understands. The regime is unhappy with her for the many recent judgements of the Supreme Court which have gone against the regime, notably the decision on the Divineguma Bill. Also, the Chief Justice and the other two members of the Judicial Service Commission refused to meet the President when they were summoned by him. It is said that Rajapakse wanted to discuss the issue of interdiction of District Judge Aravinda Perera, a close friend of Namal Rajapakse. Thereafter, the Commission issued a public statement to say that it was been pressurized. This is the first time in Sri Lanka’s judicial history that such a statement has been issued by the Judicial Service Commission.
Shirani, Asoka , Palitha and Jagath
According to government sources, the regime is being advised by Asoka De Silva, former Chief Justice, who is a Legal Advisor to the President- an unprecedented appointment in the judicial history of Sri Lanka. Asoka De Silva was a junior judge of the Appeals Court when Shirani Bandaranayake was appointed to the Supreme Court in 1997. Although she was the most senior judge in the Supreme Court when Chief Justice Sarath Silvaretired, she made it known that she was prepared to give way to Asoka De Silva as he was less than 2 years away from the retirement age. Accordingly, he was appointed Chief Justice. However, later he clashed with her in the Judicial Service Commission and became very antagonistic to her. It is said that most senior judges of the Supreme Court were disappointed that Asoka De Silva made his younger brother the Secretary of the Judicial Service Commission.
As the first step in the attack on the Chief Justice, her husband Pradeep Kariyawasam is to be indicted by the Commission on Bribery and Corruption for his alleged role in the highly controversial purchase of a 13% stake of The Finance Company by the National Savings Bank of which he was Chairman, Colombo Telegraph understands. The shares were sold by Raynor Silva, CEO of ABC Broadcasting Corporation, and the Perera brothers Nandadeva and Yogendra. Raynor Silva is the brother of the controversial MP Duminda Silva, a pet of the Rajapakse regime and the prime suspect in the Bharatha Premachandra murder.
Asoka De Silva’s daughter Kanishka is married to Jagath Balapatabendi’s son, Isuru.
Interestingly, the Chairman of the Bribery Commission is former Supreme Court judge Jagath Balapatabendi who is closely related to Asoka De Silva. Asoka De Silva’s daughter Kanishka is married to Jagath Balapatabendi’s son, Isuru. President Rajapakse did a big favour to De Silva and Balapatabendi by appointing Isuru as second secretary of the Sri Lankan embassy in the Netherlands. This was at a time when Kanishka was studying for her LL.M. degree in international law at Leiden University in The Hague. Asoka De Silva was also a judge of the International Tribunal for Rwanda at that time and was given permission by President Rajapakse to continue in that position even after he was appointed Chief Justice. The Rwanda Tribunal held its sittings at The Hague and it was so convenient to the families for which they are no doubt ever grateful to President Rajapakse.
Another interesting family connection is that Attorney General Palitha Fernando is married to Asoka De Silva’s sister. It is said that it was Asoka De Silva who engineered the appointment of former Attorney General Eva Wanasundara to the Supreme Court (which was seen in legal circles as a ‘kick upstairs’) and the replacement by Palitha Fernando. If Kariyawasam is indicted the Attorney General’s Department will prosecute him. Palitha Fernando is viewed in legal circles as an honest officer but whether he will be able to withstand Presidential and family pressure is to be seen.
A few weeks back, Sunday Leader claimed that it has seen documentary evidence that Kariyawasam had acted with the concurrence of the National Savings Bank Board and that the Board did in fact discuss the strategic investment in The Finance Company as they felt there were good synergies with Company. However, trade unions in Bank were up in arms against the purchase of The Finance shares and the Government decided to cancel the transaction. Kariyawasam later resigned. Political gossip has it that the shares were purchsed at the instance of a highly placed Central Bank official who was really acting at the behest of the regime which was trying to help Raynor Silva to raise money to pay Duminda Silva’s hospital bills in Singapore.
Several lawyers who spoke to Colombo Telegraph stated that while they deplored interference with the judiciary, Kariyawasam should not have accepted a political appointment in the first place. He was first appointed as Chairman of Sri Lanka Insurance and later as Chairman of the National Savings Bank. Never in the history of Sri Lanka’s judiciary had a spouse of a judge of a superior Court accepted a political appointment, they stated. “Balloth ekka nidagaththama, makkoth ekka negitinna wenawa” (“when you sleep with dogs, you have to get up with fleas”) a former judicial high up stated.
TESO wants New Delhi to do more for Sri Lankan Tamils
PTI-CHENNAI, October 3, 2012

The HinduIndia should also move a resolution in the U.N., demanding its intervention to allow the Tamils to decide their rights, a meeting of the Tamil Eelam Supporters’ Organisation, chaired by DMK chief M. Karunanidhi, 

India should also move a resolution in the U.N., demanding its intervention to allow the Tamils to decide their rights, a meeting of the Tamil Eelam Supporters’ Organisation, chaired by DMK chief M. Karunanidhi, said. File photo
Return to frontpageHinting that India’s rehabilitation efforts for Tamils in post civil war Sri Lanka were “not satisfactory,” the Tamil Eelam Supporters’ Organisation on Wednesday asked the government to take the lead ahead of Colombo to ensure their welfare.
India should also move a resolution in the U.N., demanding its intervention to allow the Tamils to decide their rights, a meeting of the recently revived TESO, chaired by DMK chief M. Karunanidhi, said.
Welcoming Prime Minister Manmohan Singh’s assurance to Mr. Karunanidhi that India placed the “highest and most important” priority on resettlement and rehabilitation of displaced Tamils, a TESO resolution said this would give “some solace” to the people of Tamil Nadu.
“At the same time, we believe that India, by proposing a resolution seeking U.N.’s intervention, will put an end to the present situation (of Tamils’ alleged hardships) and enable them choose their rights,” it said, adding India should take all efforts in this regard.
Later, speaking to reporters, Mr. Karunanidhi called for more cooperation from the Centre to address the grievances of the ethnic Tamils, alleging they had perennially been at the receiving end of the Sinhalese.
“There is information that it is not satisfactory,” he said when asked if he was satisfied with India’s rehabilitation measures for the Tamils.
India has taken up among others, housing projects for the internally displaced Tamils in the island nation with some of them being handed over to the beneficiaries on Tuesday.
Asking the government to play a proactive role on Tamils’ welfare, the DMK chief said: “The Centre should take the lead ahead of Sri Lanka in ensuring welfare of Tamils. It should respond and cooperate (to this demand),” Mr. Karunanidhi said.
Mr. Karunanidhi, who had led a TESO conference in Chennai on August 12, 2012, said the resolutions adopted at that meeting will be handed over to the U.N. by his party Treasurer M.K. Stalin and MP T.R. Baalu.
An appointment had been sought from the U.N. Secretary General and dates for the visit would be finalised after that, he added.

In solidarity With The Kudankulam Villagers




By Kath Noble -October 3, 2012 
Kath Noble
Colombo TelegraphAs university teachers were marching from Galle to Colombo to press their now well known case for the education sector, an equally impressive mobilisation was taking place just a few hundred miles away in Tamil Nadu. The villagers of Kudankulam were burying themselves up to their necks in sand in a last ditch attempt to prevent a nuclear reactor from being commissioned, having spent a couple of days standing in the ocean and several weeks picketing on the beaches.
The sheer numbers involved brought the protests a lot of publicity, including in Sri Lanka, to the extent that the Indian High Commission felt obliged to issue a ‘reassuring’ statement.
Fishermen opposing nuclear power have a tough job. They are automatically dismissed as backward and determined to remain that way.
But ‘progress’ sometimes takes us into blind alleys.
A simple calculation by an Indian researcher demonstrates that nuclear power is not unavoidable for Tamil Nadu (‘No more empty promises’ by Nityanand Jayaraman in Tehelka, September 22nd). The argument goes as follows.
The first phase of the Kudankulam project will add just 1,000 MW to the grid, of which some 48% is due to Tamil Nadu. Since nuclear reactors in India generally operate with a plant load factor of 60%, the additional power generated works out at a measly 280 MW. Compare this to what is lost in transmission – 18% of Tamil Nadu’s total installed capacity of roughly 10,400 MW, or a massive 1,900 MW. Reducing losses by half, which can be done at a tiny fraction of the cost and which must be possible since the Chinese manage 7%, would supply 900 MW extra. Even including another 280 MW from the second phase at Kudankulam doesn’t come close to wiping out the deficit for nuclear power.
Meanwhile, people inclined to think that Tamil Nadu needs to do both to meet its demand for electricity should note that in the immediate vicinity of the Kudankulam project are windmills generating more than 3,000 MW. They do so at only INR 3.50 per unit, compared with a cost of INR 4.00 per unit for nuclear power.
There are plenty of alternatives. And they are cheaper.
It is indeed vaguely worrying to think that the wind might not blow enough to support all the gadgets in the shiny new air-conditioned buildings in Tamil Nadu’s ‘IT corridor’ for every minute of every day, but this would probably not be quite so much of a headache as a nuclear meltdown that released into the environment materials with the capacity to maim and kill for many thousands of years to come.
In any case, why should the Kudankulam villagers care about the ‘IT corridor’? Why should Sri Lanka?
Why should the Indian government, for that matter? The corporate sector in India sucks up all the country’s resources while providing almost no employment. It is the reason the vast majority of its people continue to live in poverty.
The golden rule of ‘development’ as it is commonly practised these days is that the poor masses have to sacrifice themselves for the sake of the stellar growth of the elite.
This must also be the answer to another rather perplexing question. Why on earth is India stepping up investment in reactors in the aftermath of the Fukushima disaster, while so many other countries are thinking again?
One of Union Home Minister Sushil Kumar Shinde’s vital contributions when he was in charge of the power sector, other than the biggest blackout in history, was to confirm plans to boost India’s nuclear installed capacity to 63,000 MW by 2030, from under 5,000 MW today. The French, Russians and Americans were delighted, since their companies are for some mysterious reason having considerable trouble flogging their reactors at home.
The Indian government claims that there is absolutely no chance of anything going wrong, but the Kudankulam villagers aren’t stupid. For a start, that’s exactly what the Japanese said even after they were hit by the tsunami!
Natural disasters cannot be ruled out, as we know from the bitter experience of 2004, and there are plenty of man-made disasters to worry about too. The Japanese are known for their technological sophistication and concern about standards. Yet their nuclear meltdown demonstrated that they are not immune to failure. Their investigators found that they had not done all they could to avoid it. The company in charge of Fukushima hadn’t paid enough attention to safety, even to specific warnings about the kind of catastrophic event that actually happened. India has the handicap of its Nuclear Liability Act. And its record is hardly reassuring. Its reactors have suffered hundreds of accidents over the years, of varying degrees of seriousness, as documented in some detail by Indian academics such as MV Ramana, despite the ‘radioactive curtain’ of secrecy that has shrouded its nuclear agencies for much of their lives.
After the Fukushima disaster, India’s nuclear regulator set up a committee to look into safety issues. It recommended 17 improvements to be made at Kudankulam before commissioning the reactor, but only six have been completed to date.
No wonder Sri Lanka needed ‘reassurance’.
But the information that a Sri Lankan delegation will be visiting India later in the year to talk about it doesn’t really qualify as such. These discussions should have been completed long ago.
Still, it could be worse. The villagers of Kudankulam have faced even less useful responses to their concerns.
Imagine this. A nuclear reactor is being constructed a couple of miles from your home, and researchers from the National Institute of Mental Health and Neuro-Sciences turn up on your doorstep offering ‘counselling’ to try to find out what you’re so upset about!
The Indian government has now dropped the idea of brainwashing its people and is focusing instead on harassment. The Prime Minister declared earlier in the year that opposition to the Kudankulam project was a foreign conspiracy (sound familiar?), and deported an unfortunate German backpacker who happened to be enjoying a spot of winter sun in Kanyakumari, on the pretext that he was the brains behind the campaign – officials later had to admit that there was absolutely no evidence to demonstrate that money from abroad had played any part whatsoever in the protests. Then having exhausted the NGO option, they moved onto treason (heard this one before too?). According to the convenor of the People’s Movement Against Nuclear Energy, SP Udayakumar, who is currently being sought by the Tamil Nadu Police, hundreds of cases have been filed against an extraordinary 200,000 people, either for sedition or for waging war against the State.
You’d have thought India had enough real wars not to want to start imagining them!
The scale of the crackdown in Kudankulam is almost as extraordinary as the scale of the protests.
This reminds me of the opening of a widely-circulated piece from the Indian media supporting Jayalalithaa‘s decision to send home a visiting sports team (‘Boycott Sri Lanka until Tamils get justice’ by Meena Kandasamy in Tehelka, September 5th). The author argued that the sight of Sri Lankan schoolboys kicking a ball around might lead Indians to believe that all is well in Sri Lanka, which is certainly a possibility. However, she went on to illustrate just how bad the situation is with reference to the fact that 4,000 university teachers had been on strike for two months. This ‘evidence’ even took precedence over the usual claims of genocide. Well, if that’s how we’re going to decide on a boycott, even small babies are going to have to be repatriated to India, in ‘solidarity’ with the villagers of Kudankulam.
As we approach the Universal Periodic Review of Sri Lanka at the United Nations, at which the country’s performance in terms of human rights will be assessed by India as one of the three appointed rapporteurs, Indians must try to look at Sri Lanka’s problems against the background of their own.
As for FUTA, of course Mahinda Rajapaksa should have resolved the matter amicably long ago.
*Kath Noble’s column may be accessed online at http://kathnoble.wordpress.com. She may be contacted atkathnoble99@gmail.com.