Impeachment motion -shame on Bar Association Heads ! they meet MaRa on the sly – man is a wolf to man proved
(Lanka-e-News -03.Nov.2012, 7.30PM) The Executive Committee of the SL Bar Association which met on the 2nd following tremendous pressures being brought to bear on it by Lawyers and Lawyers Associations of the districts demanding a meeting immediately, decided to summon a conference with the participation of all the members on the 10th of this month.

The higher officials of the SLBA who had been deaf and dumb to all the vicious and venomous attacks from the time Minister Rishard Badurdeen launched attacks on the Puttalam courts until today , and having taken no notice of even the subsequent grave assaults and attacks mounted against the Judges and the judiciary as a whole by the MaRa regime had on the 2nd arrived at another derogatory decision pertaining to the impeachment motion against the Chief Justice ,based on its backdoor policies motivated by deliberately dilatory , depraved and deceitful aims.

That is , the Association had sent a letter requesting an appointment from the speaker to discuss the impeachment motion. The clownish leaders of the Association had pleaded stupid ignorance of the charges , and therefore claimed that they should learn of the charges by meeting the speaker , thereby making that an excuse in order to resort to this treacherous deceitful dilatory action. The Executive Committee had also decided not to reveal what was discussed.

On the 2nd when Lanka e news tried to contact Sanjaya Gamage, the secretary of the Bar Assocoation, after the conclusion of the meeting , he did not answer the call. Later his line was put in off mode. 

Meanwhile , according to reports reaching Lanka e news , the double dealing lawyers holding high positions in the Association had met the regime chief on the 1st on the sly. This meeting has lasted 45 mins. The heads of the SLBA who did not care two hoots about the impeachment motion against the CJ or the police being sent round and round the mulberry bush to help the culprits in respect of the attacks launched on the JSC Secretary and the courts , has had a sumptuous meal with MaRa at the Temple trees and returned belching and bellowing after the MaRa had given them belly full like how he would feed buffaloes. MaRa had fed the buffaloes with some sweet lies too. He had told them the assailants in JSC secretary Manjula Thilakaratne assault case will be very soon arrested , and as the impeachment motion has been presented to Parliament , it is better that subject is not discussed. The Double faced double dealers were thoroughly satisfied with the duplicitous answer of MaRa who is a better double game expert. The Double dealer heads of Bar’s fully satisfied with the meal have walked out silently and happily after the discussion.

It is most regrettable that these double dealing Bar Association representatives forgot the fact on the 1st that they are representing 14000 lawyers across the country who repose faith in them. Hence every double deal of theirs means a double betrayal of those lawyers.
It is a common adage that ‘man is a wolf to man’ , but might we hasten to tell these wolfish lawyers that the wolves are kind to one another among themselves, unlike these black coated wolves. In other words this adage created by man is a libel on the wolf for they are kind among themselves.

Meanwhile MaRa had told those who are arranging the impeachment ‘ you all carry on with the impeachment , I will look after the Bar’( What MaRa meant by the ‘Bar’ was the SLBA, the pack of wolves among humans.)

Whither democracy in Sri Lanka?

Sunday 04 November 2012
Democracy in Sri Lanka is facing one of its defining moments in the post independent history as the government, perhaps at the behest of the executive is planning to impeach the Chief Justice Shirani Bandaranayake.
On Thursday, a group of ruling party MPs handed over a resolution signed by 117 members of Parliament to the Speaker, Chamal Rajapaksa calling on him to bring an impeachment motion against the chief justice under Section 2 of the paragraph 107 of the Constitution. The speakers should now move an impeachment motion within a period of one month, provided that he is satisfied that there is prima facie evidence against the chief justice.
The government, it appears, is being overwhelmed by the recent conflict with the judiciary. The government’s position, as we understand, is that the judiciary should not act beyond its purview and that the judiciary, an unelected body, should not challenge an elected government.
The basic idea of the separation of power doctrine, the key tenant of constitutionalism is that each of the three pillars of the government, namely the Executive, Legislature (Parliament) and the Judiciary has its own job and each keeps a tab on the other, in order to prevent the other acting beyond its authority.
The resolution which is calling for an impeachment motion against the chief justice levels a series of charges of personal misconduct and abuse of power.
The underlying causes for a very public conflict between the government and the judiciary are not fully known, though what appeared to be a long simmering dispute came to the surface after the secretary of the Judiciary Service Commission, Manjula Thilakaratne issued a public statement condemning the interference of the independence of the judiciary. That was after the chief justice and two senior Supreme Court judges were ‘invited’ to the President’s House for a discussion with the president. Manjula Thilakaratna was later attacked; his assailants have not yet been apprehended and the judiciary went on a strike in a rare show of dissent.
It is interesting to note that it was only three weeks back that the government refuted claims that it was planning to impeach the chief justice. For a regime which is suffering from a serious deficit of integrity and consistency in its policies, this is a yet another pointer.
Independent democratic institutions in the country are taking yet another beating within the short span of a couple of years. Needless to say that the impeachment motion against the chief justice is viewed by many as part of a series of recent attempts to tame the independent institutions in the country.
It is disturbing, yet ironic, that the judiciary, which granted constitutional approval for consolidation of the executive powers at the expense of the independent commissions has now become the victim of the regime.
The bitter but stubborn truth in the post colonial history of most Third World nations is that the rulers who have come to power through democratic means have gradually dismantled those very democratic institutions.
The failure of democracy in South Asia, with the exception of India, boils down to this inherent hypocrisy on the part of the post independent rulers of former British colonies.
Elections do not necessarily lead to liberal democracy. Sri Lankans who have voted in elections since 1932 should have learnt it the hard way. Their leaders have successively tampered with the Constitution – the supreme law of the land; drafted Constitutions to suit to their whims and fancies; gerrymandered with electorates; and dismantled independent institutions.
Electoral democracy is only one part of the multifaceted concept of democracy. If democracy is to be sustained, a country is required to have the rule of law and independent institutions that safeguards the fundamental rights of the people, and maintain checks and balances on each pillars of government.
Sri Lanka has turned its back to those basic norms; the 18th Amendment to the Constitution provided the constitutional basis for the consolidation of the executive power.
One of the oldest democracies in Asia, Sri Lanka, is now on a fast track to becoming an autocracy built around the authoritarian South East Asian model.
Despite the sporadic resistance from some sections of civil society, the majority of the Sri Lankan at the grassroots appear to be oblivious to this impending danger. That is a sad indictment of the contemporary Sri Lankan psyche, but an old saying sums up our situation: People get leaders they deserve.

Impeachment of CJ ; An Unconstitutional Witch-hunt -JC Weliamuna

Impeachment of Sri Lanka’s Chief Justice: An Unconstitutional Witch-hunt

Image courtesy AFP and via The Express Tribune--3 Nov, 2012 J C Weliamuna

Groundviews
JC Weliamuna

The Rajapaksha Regime, through its parliamentarians, handed over an impeachment motion to the Speaker, the elder brother of the President Rajapaksha against the first woman Chief Justice of the country. It appears that the Government of Sri Lanka is in a mighty hurry to “get rid of the Chief Justice” so that a major obstacle for government’s capricious track is removed.  With the handing over of the impeachment, the government has signalled to the entire public service and judiciary   two rules – that the Regime is superior to the Law and that Rule of Law does not exist in the country. This short article is written to bring out several vital issues that the  public should not lose sight of, in relation to  the present impeachment attempt.

Background

The events leading to the impeachment demonstrates that the move to impeach the CJ  is nothing but a political witch-hunt. The tension between judiciary and executive started with Minister Bathirdeen’s unsuccessful attempt to influence the Magistrate of Mannar, resulting in an attack on the Magistrate’s court. Then there were attempts by the Executive  to influence the Judicial Services Commission (JSC) on disciplinary matters, where the JSC stood firm. The JSC, through the Secretary, in fact issued an unprecedented statement on 12^th September 2012 stating that there is interference with the functions of the JSC. Everyone knew by whom.  Soon thereafter, the JSC Secretary was brutally assaulted in a typical – state sponsored style attack.  Divineguma Bill, which takes away some of the powers of the Provincial Council and concentrated power of rural development in the hands of a Minister under an unusual legislative scheme, came up for review in the Supreme Court. Chief Justice presided over the relevant Bench. The Minister concerned was another Brother of the President.  The decision has ignited  so much of unfair criticism against the Court. Threats of impeachment emerged with this case! Discharging a constitutional function or a duty (in this case protecting the judiciary against unlawful interference and delivering a judgment) cannot be the basis for any impeachment.

Divineguma Petition not being handed over to Speaker                         Continue reading »

Constitution Impeached!

By Malinda Seneviratne -November 3, 2012 

Malinda Seneviratne

It is now official.  The Executive-Judicial clash is heading towards denouement and one that is not hard to call.  We’ll get to that later.

Chief Justice Neville Samarakoon escaped the ignominy of impeachment by resigning.  Chief Justice Sarath N Silva was spared by the Parliament being prorogued first and then dissolved.  In the case of the former, the Executive had sway over the necessary numbers in Parliament.  In the case of the latter, the mover, Ranil Wickremesinghe didn’t have the numbers and didn’t have the support of the Executive, Chandrika Kumaratunga.  When Silva ruled to snub Kumaratunga, she couldn’t think impeachment because she didn’t have impeaching numbers.  Today it is Chief Justice Shirani Bandaranayakewho is in the dock.   In a context where regime popularity is hinged on the popularity of the President and therefore the political fortunes of ruling party MPs are tied to him remaining in power, the Executive has a vice like grip on the legislative branch.  The Executive, moreover, has the numbers that neither Wickremesinghe nor Kumaratunga had.  As such, things look bleak for the Chief Justice.

There are howls of protests of course, but not all the protestors have moral right on their side.  Silva himself had his ups and downs as well as his sideways ways including encroachment on executive territory.  Among those who object to the current moves against the Chief Justice are those who sought to bring down Silva but forgave and forgot the moment Silva fell out with the Executive following the classic ‘my enemy’s enemy is my friend’ formula.

Many who are shedding tears for the Chief Justice today, howled in protest when she was first appointed to the Supreme Court.  ‘Political appointee!’ was the scream back then.  Morality was cited by the objectors who pointed out that the lady’s husband was a high ranking government servant.  They later even salivated when her husband, who was Chairman of the National Savings Bank, was implicated in a 390 million rupee deal in the stock market.

On the other hand, the current investigation of the husband, following the much publicized Executive-Judicial spat and the subsequent impeachment move, says a lot about selectivity and even revenge-intent.   The message that is not spelled out but is nevertheless clear is, ‘We can just get along, but if we can’t, there’ll be arm-twisting, and if that doesn’t work, well, we have the numbers and the law’.

It doesn’t make it morally right though.  It is morally wrong to subject the Chief Justice to a witch hunt, for that is what is has amounted to.  It may be legal, but still the use of available mechanism to get rid of her without any mention of ‘reason’ or transgression on her part, makes a bad, bad, bad precedent.  The howlers don’t have the moral authority either, given their flip-flopping nature on issues of this kind and the fact that they’ve been consistently motivated by matters of political expediency and not issues of legality and morality.    If indeed, as alleged, the Chief Justice is inept or guilty of wrongdoing, the process that seated her in that august office must be flawed.  If unseating is simply a matter of leveraging numerical edge, that too indicates mechanism-flaw.

Perhaps these developments, in the end, serve only to strip the 1978 Constitution to its iron-like bones, demonstrating that for all the sway and punch of the judicial and legislative arms, the executive can be too a heavy a weight to budge.   It boils down to presidential discretion and that shows constitutional error and poverty.  We can curse the Second Republican Constitution and its architects.  We can find the gripe of its never-envisaged victims (the UNP) amusing.  None of this requires us to cheer the current and principal beneficiary.
Simply, the constitution and by extension, its props and beneficiaries stand impeached.Morally.

*The Nation editorial – Malinda Seneviratne is the Chief Editor of ‘The Nation and his articles can be found at www.malindawords.blogspot.com .

Related posts;

Not Only The Chairman Husband; Chief Justice Wife Must Also Resign! by Uvindu Kurukulasuriya

Chief Justice Or Her Husband Must Resign by Uvindu Kurukalsuriya 

Sinhala academic condemns ICE’s manipulations of Eezham Tamils at Italy conference

Jude Lal Fernando--------------------------------------------------------------------------Klodiana Cuka

[TamilNet, Friday, 02 November 2012, 01:39 GMT]
“Today there is a psychological and political warfare waged against the Tamil Diaspora not only to forget the past but also to abhor the whole project of a Tamil state. Domination under the Sinhala dominated unitary state has been justified as a rational and realistic choice,” Sinhala academic Dr. Jude Lal Fernando said at a conference held in Lecce, Italy last Friday. Criticizing the West for tilting the parity of status against the LTTE, he added that “what has been committed is genocide with full international endorsement. It is approved simply to protect the unitary state of the Sinhalese.” The conference titled “We demand our land” was also addressed by TNPF leaders Gajendrakumar Ponnambalam and S. Kajendran, besides Italian EU politician Adriana Poli Bortone, and human rights activist Klodiana Cuka and lawyer Italo Porcaro. 

Adriana Poli Bortone from Lecce

Dr. Fernando, a post-doctoral researcher and lecturer at Irish College of Ecumenics, Dublin, also sharply criticized the position of those in the Western establishments who are now talking about a ‘credible surrender plan’ to the LTTE, questioning their intentions. 

“Today, after the colossal massacre of the Tamils in 2009 what is being propagated is that the LTTE kept the people by force and had they surrendered thousands of lives could have been 

saved. The truth is that thousands of people were killed and thousands were forced to flee the Tamil State due to government’s unbearable military onslaught,” he said. 
“Eric Solheim and Frances Harrison argue that the West had a credible plan to save these lives had the LTTE surrendered. Was LTTE surrender a condition to save thousands of lives? Why didn’t the West intervene to stop of the carnage? Is it because that the LTTE did not surrender as the West now says or is it because that the West valued the destruction of the LTTE at the hands of the government forces rather than saving thousands of lives? “ the Sinhala academic questioned. 

Gajendrakumar Ponnambalam

Kajendren Selvarajah

Italo Porcari

Activists and elected representatives of Eezham Tamils at the meeting in Italy with TNPF politicians

Adding that what was destroyed was the national state of the Eezham Tamils and the people who were killed belonged to this state, they identified themselves with and belonged to a distinct Eezham Tamil nation, he stated “Therefore what has been committed is genocide with full international endorsement. It is approved simply to protect the unitary state of the Sinhalese. The LTTE was vilified more and more by the US/UK/Indian axis not necessarily because they violated human rights as these powers say, but because that they the LTTE were transforming the de facto state into an exemplary state and were gaining international recognition, particularly within EU countries.”

Mr. Ponnambalam opined that GoSL is still continuing with its genocidal policy even three years after end of the war 2009 through militarization and land grabs in the Tamil homeland, so as to remove the Tamil nation from Sri Lanka's map. He also said that Tamils' sovereignty over their traditional homeland should be recognized by the International Community.

Talking about the so-called resettlement process of the Eezham Tamil IDPs, Mr. Kajendren said that instead of resettling IDPS in the Tamil historical homeland, they are dumping them in forests where they have no basic amenities, explaining in detail the kinds of sufferings such 'resettled' people were undergoing. He also added that if the IC does not address the grave issues facing the Eezham Tamils, the very existence of the Eezham Tamil nation in the island will be in question in the next few years.

Senator Hon. Adriana Poli Bortone, a member of the 14th Standing Committee (European Union Policies) and IO SUD party leader, said that she will be submitting a motion in Parliament regarding the actions to be taken in favour of the Tamil people to safeguard their fundamental rights. She was of the opinion that the European Parliament should take measures that are practical and effective to help the Eezham Tamils.

The President of Integra Onlus, and organization working for the rights of immigrants, Klodiana Cuka expressed his solidarity towards the issues of the Tamils, and also supported an upcoming conference to be organized approximately the in month of January at the Italian parliament building in Rome.


Human rights lawyer Italo Porcaro expressed his solidarity with the Eezham Tamils, recalling his commitment to the Tamils who were seeking political asylum in Italy. He also called upon asked the Ms. Bortone to help the Tamil people in a concrete way by a debate in the Italian Parliament.

Alfredo Mantovano, Secretary to the Italian Minster of the Interior, sent a mail conveying his good wishes to the conference.

The conference saw the participation of Italian activists and second-generation Eezham Tamil youth.

The conference was part of a three day event to raise awareness on the genocide of the Eezham Tamils and their political demands, jointly organized by Integra Onlus and the country councils of Eezham Tamils in Europe.

Investigation should be held on 140,000 missing persons during the war – Mannar Bishop

Thursday, 01 November 2012

Mannar Bishop, Rev. Rayappu Joseph says that Sri Lanka needs to be changed in a manner where all communities could live with dignity.

He has made this comment during an event at the Mahatma Gandhi Center recently.

He has observed that an environment needed to be created in the country where every citizen could live in dignity and proudly say Sri Lanka is there country without being limited to one person or a group of people. He has noted that a system needed to be put in place for this purpose.

According to the reverend, all those who have been born in this country are Sri Lankans and no on could change it. He has questioned as to why a large number of ethnic communities cannot live in one country while safeguarding their cultural identities.

He has pointed out the importance of national unity and said that all communities needed to work towards the goal.

He has further noted that an inquiry should be held to determine what became of the 140,000 persons who went missing during the period of the war and that it would help in the reconciliation process.

Colombo plans to appropriate Trincomalee campus of EUSL for Sinhalese

[TamilNet, Thursday, 01 November 2012, 09:29 GMT]
Tamil undergrads in the Trincomalee Campus of the Eastern University of Sri Lanka (EUSL) are coming under continuous physical attack by Sinhalese students who have now become the majority of the campus in the country of Eezham Tamils. Attacks on 'minority' Tamil undergrads are being carried out with the hidden agenda of the chauvinist administration of the SL University Grants Commission (UGC) to convert the EUSL as fully fledged Sinhala campus, Tamil academic sources say. 

EUSL headquarters is situated in Batticaloa. Two faculties one for Siddha Medicine and other for Communication and Management are in the Trincomalee campus of the EUSL. Lectures are being conducted in the two faculties according to the wishes of the majority Sinhalese students, disregarding Tamil students’ needs, sources say.

Only twenty five Tamil undergrads are currently enrolled for studies against Sinhalese undergrads numbering between 200 and 240. Affected Tamil undergrads say that the Campus administration is not bothered about their complaints.

According to affected undergrads two of them were attacked by Sinhalese students on October 27 and were admitted at the Trincomalee general hospital. But on October 31 some more Tamil students have been attacked by the Sinhalese.

Hostel for Trincomalee campus students is situated in the heart of Trincomalee town and the campus is at Nilaave'li, about twelve km away from the town. Transport is provided by the campus administration for the students to travel to campus from their hostel in Trincomalee town to attend classes.

On Wednesday, Oct 31, when the students as usual left the hostel in the bus provided by the campus administration, a photograph of Lord Buddha pasted in the bus was found torn on that day. A group of Sinhalese undergrads immediately started assaulting their Tamil counterparts in the bus for the damage to Lord Buddha's picture without questioning the driver and the conductor of the bus.

Campus administration did not taken any action against the Sinhalese students even after the affected students had made a complaint. Tamil students say this was due to the political influence of Sinhalese students in the campus. But affected parties have made complaints to the police.

Tamil undergrads have expressed fear in attending classes in the campus due to the highhanded action of their Sinhala counterparts with political backing and have not returned to the campus hostel in Trincomalee since the attack.

Suresh Premachandran is acting like a bull in a china shop

Suresh Premachandran is acting like a bull in a china shop

An opinion and advice by a concerned Tamil

What is needed for the Tamil people is a political leadership that will articulate a nation building process and lead them honestly without causing disharmony. In the blood soaked and skeletons strewed lands of the north and east, people are struggling to emerge out of the heavy odds facing them.

( November 02, 2012, Colombo, Sri Lanka Guardian) In the recent past, Tamil National Alliance (TNA) parliamentarian Suresh Premachandran is showing all the signs of a frustrated man.  Unable to deal with the internal strives internally within the TNA, he is using the Diaspora Tamil media to discharge his campaign against the TNA leadership.

Disparaging claims are being made on all kinds of issues and there is a section of the conditioned Tamil Diaspora that is thriving in his hypes in supporting him.

Some of the outbursts he publicly make are internal matters that should have been privately  dealt within the TNA to avoid unwanted debates in the public, leading to diversion of resources for the TNA that has to emerge as a much focussed and a responsible party.

Suresh Premachandran’s lack of interest in engaging in wider issues and limiting his politics to mere publicity seeking has become his preoccupation that is endangering the path of unity and the responsible way forward for the Tamils. He has still not moved away from the apologetic pre-war politics of authoritarianism and is taking cover under opportunism, slumber and the parochial inward tendency.

His personal résumé  will tell his attitude to politics is limited to quarrelling in a scale that he cultivated in his school going age. He has become a politician reflecting selfish opportunism and there is nothing there to vouch for his educational or entrepreneurial  skills. Hate appears to be his motto and even with his progressing age, he is unable to change track with a mature sense. His only business experience comes from running a bus hiring business with the siphoned off from his EPRLF military training funds of the early 1980’s.

Suresh Premachandran’s ambition to  become the leader of the Tamil people by his hate campaign in the media will have negative influence for him. Standing for principles are important for a politician. Whilst claiming to stand for this position and subverting it by petty conduct will not earn the goodwill in the wider Tamil society.

In a political party, there will be differing opinions and personality clashes that will entrap the politician to prove himself a person beyond insignificant mindset. Any ambitious politician will move away from the narrow minded thinking to score points on trivial issues.

What is needed for the Tamil people is a political leadership that will articulate a nation building process and lead them honestly without causing disharmony. In the blood soaked and skeletons strewed lands of the north and east, people are struggling to emerge out of the heavy odds facing them. Politicians like Premachandran must go beyond and engage in the nation building process without burying the Tamil people in the deeper pains for their petty gains.  

Grant justice for Tamil's in SriLanka: Malwattu Mahanayake thero [ Friday, 02 November 2012, 01:18.08 PM GMT +05:30 ] Chief incumbent of the Kandy Malwattu chapters Mahanayake Tibbatuwawe Srisumangala thero urge to grant justice for Tamil people in SriLanka. Minister Dinesh Gunawardene met Mahanayake thero this morning and brief about the new local council act recently passed in the parliament. During the time of meeting Mahanayake thero pointed out executive presidency method never suits to SriLankan political system and also urge to grant justice for Tamil people in the country. Finally thero urge to abolish present provincial council system in this country.

Freedom Of Expression: CPJ, IFJ, IMS, JDS, PEN And RSF Submission To UPR Of Sri Lanka

November 2, 2012

The Committee to Protect Journalists, the International Federation of Journalists, International Media Support, Journalists for Democracy in Sri Lanka, PEN International and Reporters Without Borders made the below shadow report to the United Nations Office for the High Commissioner of Human Rights for the Universal Periodic Review at the Human Rights Council.

Read it here

I have no personal issues; I will not resign; I will face any impeachment –CJ answering Lawyers’ questions (Lanka-e-News -01.Nov.2012, 9.00PM) The Chief justice (CJ) Dr. Shiranee Bandaranayake stated that she has no personal issues , and therefore no unfair inequitable personal charges can be mounted against her. She added that she had been acting in keeping with the hallowed traditions of the independent judiciary; she put her foot down and said , she is prepared to face any impeachment motion brought against her. The CJ stated this unequivocally when she met with about 30 senior lawyers on the 31st , yesterday. A senor lawyer who attended this discussion held at the Supreme court (SC) Hall told Lanka e news , that the CJ gave the aforementioned answer when answering the question raised by the Lawyers whether she is going to face the impeachment or not ? The CJ also answering the query based on Minister Dr. GL Peiris’ accusation that judge Manjula Thilakaratne the JSC Secretary is a junior , said Thilakaratne is 6th in the most seniority list , and his appointment was absolutely lawful. Further , she pointed out when appointing a Secretary to the JSC , the constitution does not make mention how his seniority should have a bearing. She also elaborated that her predecessor Asoka De Silva when he was holding office , had his brother Priyantha Silva appointed as JSC Secretary when he was down in the 19th position in seniority , while Prassanna Silva was appointed as JSC secretary when he was 29th in the position. She therefore questioned whether aren’t they inequitable by the same token ? She also went on to question why equity did not apply when the appointment of Chandra Jayatileke as the appeal court judge who was far below in the seniority was made while sidelining Malini Gunaratne who was most suitable and senior recommended by the CJ ? The CJ stressing a most vital and unassailable truth observed , the SL judiciary is existing for the last 200 years and it will continue for centuries, but judges including me will come and go. But what is important is not our coming and going. If the courts are to survive in the centuries hereafter , the independence of the judiciary has to be safeguarded . If only the independence of the judiciary can be protected and maintained , it is then and only then the sovereignty of the people can be upheld , she added.

Freedom Of Expression: My Submission With ARTICLE19 To UPR Of Sri Lanka

By Uvindu Kurukulasuriya -November 2, 2012

Uvindu Kurukulasuriya

This is the shadow report I submitted with ARTICLE 19 in April 2012 to the United Nations Office for the High Commissioner of Human Rights for the Universal Periodic Review at the Human Rights Council. The shadow report made specific and detailed recommendations to the Sri Lankan government to be echoed by UN member states, and we are waiting to hear from the government whether they intend to accept or reject the recommendations.

I below reproduce our report to UN, alternatively you can read it  here

ARTICLE 19 and Mr. Uvindu Kurukulasuriya
Submission to UN Universal Periodic Review of Sri Lanka

14^th Session, October-November 2012

ARTICLE 19 is an international non-governmental human rights organisation defending the right to freedom of expression and information worldwide. ARTICLE 19 was established in 1986 and has observer status with ECOSOC.

Executive summary

1. The Sri Lankan Government received and accepted a number of recommendations related to the right of freedom of expression during the first UPR cycle:
   1. To take measures to safeguard freedom of expression and protect human rights defenders, and effectively investigate allegations of attacks on journalists, media personnel and human rights defenders and prosecute those responsible
   2. To take measures to improve safeguards for freedom of the press
   3. To adopt effective measures to ensure the full realisation of the right to freedom of expression for all persons.
2. None of these accepted recommendations have been realised. This submission provides information on developments since, specifically:
   1. On-going violence against journalists and human rights defenders (HRDs)
   2. Continued media censorship and other interferences to media freedom
   3. An insufficient and inadequate legal framework for freedom of expression and information.

Violence against journalists and HRDs                                     Read More

Sri Lanka draws new battle line with old friends

Friday, November 02, 2012

‘The government is all out to suppress anyone who tries to stand up against the executive,’ opposition lawmaker Suresh Premachandran said. ‘This is autocratic behaviour, no question about it’

Three years after the armed forces crushed its Tamil Tiger enemies, Sri Lanka’s government is now turning on former allies, with the head of the Supreme Court becoming the latest to fall from grace.

Evoking memories of the demise of ex-army head Sarath Fonseka, who ended up behind bars after trying to run against President Mahinda Rajapakse in 2010, the government in recent months has appeared to be tightening its grip on power.

Foreign Minister GL Peiris’ slapdown of Chief Justice Shirani Bandaranayake in parliament last week has led analysts to conclude the top judge’s days are numbered. 

And senior journalist Frederica Jansz, a prosecution witness against Fonseka, has been trying to claim asylum abroad, fearing for her life. She says she was sacked as editor of the Sunday Leader newspaper for resisting demands by its new owner to temper criticism of Rajapakse and his family.

The government’s opponents say no one should be surprised that the regime’s former friends were now regarded as its enemies. “The government is all out to suppress anyone who tries to stand up against the executive,” opposition lawmaker Suresh Premachandran told AFP. “This is autocratic behaviour, no question about it.”

Bandaranayake, a 54-year-old former professor of law, had been hand-picked for the top judicial job by Rajapakse’s government last year. Her husband was also appointed to politically sensitive posts in state financial institutions. But the relationship is now in tatters, with Peiris telling MPs that the chief justice had flagrantly “violated the constitution” by appointing a junior judge to head up a judicial watchdog.

Analysts say the real reason for the outburst was Bandaranayake’s decision to shoot down a bill that sought to take away powers of local bodies and transfer them to a government minister — who happens to be the president’s brother. Victor Ivan, the author of a book on the relationship between the Sri Lankan government and judiciary, said it was a classic case of friends turning foes after courts started asserting their authority in recent months. “The judiciary and the executive behaved like very good buddies in the past,” Ivan, a former journalist who describes himself as an “outspoken friend of the president”, told AFP.

“Now that rulings are going against the government, they are fighting in public.

“It is like two freight trains moving at each other at high speed. Both will be destroyed as a result of this confrontation. It will also undermine public confidence in both institutions.”

According to a pro-government website, ruling party backbenchers have been collecting signatures to impeach the chief justice, who has remained silent since Peiris’ comments.

In his speech in parliament, Peiris did not say if the justice would be impeached, but added: “If there is arbitrary action (by the judiciary), we need to address that and we need to make sure it won’t happen in the future.” The government’s anti-graft panel has also filed a corruption complaint against Bandaranayake’s husband, Pradeep Kariyawasam, who resigned recently as head of state-run Savings Bank after a controversial share purchase deal. The push against the Supreme Court head has recalled the fate of Fonseka, who became a national hero after crushing the Tamils in their northern stronghold in 2009 after a 37-year conflict. Despite his hero status, Fonseka was hauled before the courts in 2010 on charges of “irregularities in military procurements”, in what he argued was a ploy to torpedo his political ambitions. He was swiftly jailed and stripped of his right to contest elections before being granted a presidential pardon in May of this year.

The government’s latest standoff with the judiciary comes at a time when it faces heightened international scrutiny of its rights record amid allegations that up to 40,000 civilians were killed in the final months of fighting with Tamil rebels.

The United Nations Human Rights Council (UNHRC) in Geneva starts its four-yearly review of Sri Lanka on Thursday (November 1).

It is the first debate on Sri Lanka at the UNHRC since a US-led resolution earlier this year urged Colombo to probe war crimes allegedly committed by its troops, ensure reconciliation and good governance. “Sri Lanka has a difficult job defending its record in Geneva,” said moderate Tamil politician and former lawmaker, Dharmalingam Sithadthan. “The clash with the judiciary will only make it more difficult for the government.” afp