SRI LANKA: Why is Sri Lanka abandoning a court centered, law based system of justice?

November 6, 2012

A reflection on the 16th murder in Kahawatte, gruesome violence in Galle and the petition for impeachment

The 16th murder of a woman took place at Kahawatte last week. The woman is said to be 65 years old and was staying alone in the house until her son came back, when she was brutally murdered. Her body was found in the parlor of the house when the son returned. People of Kahawatte have been under the threat of these kinds of mysterious murders. The police from time to time claimed that they have solved the problem and the now the situation is under control. However, the credibility of such statements is then tested by new events like the one that happened last week. It was only three months back that a mother and a daughter were brutally murdered in their own house. 

There are also the incidents in Galle, which are gruesome and bewildering. One man was attacked, one of his arms and a foot was cut off, and then he was stabbed in the back and left on the road. A video published on the internet showed this gruesome and sad sight. It is said that he lay there for quite some time before an ambulance reached to take him to the hospital. The video footage shows that while there were many people nearby, no one even dared to come near him or to offer any kind of assistance. It was reported later that this man died due to his injuries. According to the reports, some persons came from behind him in a van while he was going on his motorcycle and knocked him down. And then after he felt he was cut and stabbed. Two policemen watched the brutal attack and his prolonged struggles as he bled out but they did not intervene. Read More...

Impeachment Of The Chief Justice In Sri Lanka: A Comparison

By Kamal Nissanka -November 6, 2012

Kamal Nissanka

The impeachment motion filed against the chief justice of Sri Lanka a few days ago (Nov 1, 2012) has resulted in bringing a political storm especially within the legal and political sphere of the island. The voices of politicians and political parties are heard around on the theme while the legal community is coming forward with various constructive criticisms regarding the whole national drama. In this developing situation it is worthwhile to look in comparison another friendly Asian country that brought its Chief Justice through an impeachment process this year and dismissed him from the high profile post in May 2012. He was Mr. Renato .C. Corona, then Chief Justice of Philippines.

Mr. Corona was made the chief justice of Philippines just a few weeks back to the Presidential Election of 2010 by then Philippine President Ms Gloria Arroyo. Previously he was the Chief of Staff of the former President Ms Gloria Arroyo administration. In our situation the incumbent Chief Justice was appointed a Supreme Court judge in 1996 by then President Ms. Chandrika Kumaratunga. When she assumed the duties as a Supreme Court judge she had to face three fundamental rights cases against her which were decided by a bench of seven judges. One petitioner argued that Ms Shirani Bandaranayaka was pro devolution. It was a period where the People’s Alliance government under Ms Chandrika Kumaratunga was pushing her draft for a new constitution. Former President might have thought that a judge in the caliber of Ms Shirani Bandaranayake would have been advantageous to the expected legal challenges in that era. We don’t know the exact rationale behind the appointment surpassing carrier judges. It took further 15 more years for Ms Shirani Bandaranayaka to sit on the august bench of the Supreme Court as the first woman Chief Justice in Democratic Socialist Republic of Sri Lanka.

The saga of impeachment is also linked to her husband’s fate, a political appointee by the President Mr.Mahinda Rajapakse as a member of the board of directors, first to Insurance Cooperation, then to the Lanka Hospitals and finaly as the chairman of the National Savings Bank (NSB). Whether he was correct or incorrect, corrupted or clean under his chairmanship the NSB was involved in an unjustified share deal bringing public distrust on the bank. Two weeks before the impeachment motion against chief justice, a case was filed against her husband on bribery and corruption charges.

The process of impeachment is now clear. Once the speaker of the house received the motion with at least signatures of one third of MP’s it could be tabled and a parliamentary select committee is to be appointed. Then the select committee acts as a tribunal. Chief justice can answer the charges by writing or through representations. If a select committee is to be appointed the majority will be the government members. It is the duty of the speaker to determine that the charges against Chief Justice are coming within the purview of misbehavior or incapacity. “Incapacity” is the physical or mental inability function in the high profile office. I think the element “incapacity” has no relevance in this context. In that sense the only element that can be targeted at the Chief Justice is “misbehavior” and thus all the charges leveled at her will come within the purview of “misbehavior”.

If the element of “misbehavior “is the charge or the charges are within the interpretation of the word “misbehavior” a question arises as to the integrity and suitability of the select committee. Further questions arise as to the standard of proof that is to be applied? Are the charges to be proved beyond reasonable doubt as in criminal cases or on the basis preponderance of evidence rule applied in civil suits or principle of substantiality of evidence as in administrative actions? Is Chief justice being presumed innocence until she is proved guilty as guaranteed by Article 13(5) of the Constitution? There are also issues of natural justice towards the chief justice in the process of impeachment. Is the parliamentary select committee going to apply the “due process of law ‘clause that exists in many democracies to ensure that the fundamentals of fair procedure are applied? Can the select committee act without any appearance of bias? Can the member who signed the impeachment motion act in the select committee? If so would it be against rule against bias? If the verdict of the parliament to impeach her, cannot be appealed, isn’t that a lacunae in the 1978?

Under the Article XI, Section 2, of the 1987 Philippine Constitution a judge of the Supreme Court or high official could be charged in impeachment if he involves in:

1. Betrayal of Public Trust

2. Graft and Corruption

3. Culpable Violation of Constitution.

In Corona’s case on December 2011 the House of Representatives passed a motion for impeachment with signatures of 188 members out of 285memebrs. The impeachment charge sheet composed of 8 charges. Those eight charges could be defined within three areas under the constitution.

He was allowed to make a written answer and answered all charges and the next step was to initiate the inquiry on 12 January 2012.

In a nutshell charges against him were as follows:

1. Track record marked by partiality and subservient in cases involving Ms Arroyo.

2. Failed to disclose to the public his statements of assets and liabilities required by constitution

3. Alleged that failed to observe stringent standards first involving a labor case against Philippine Airlines, second “Vizconde Massacre Case”, appointment of Corona’s wife in a government position

4. Disregarded the principle of separation of powers by giving an order against House of Representatives.

5. Not followed earlier decisions of the SC

6. Created a committee to investigate the activities of another judge when he had no such authority

7. A partial granting of restraining order in favor of Arroyo to escape prosecution

8. Failure to report the status of Judiciary Development Fund and Special Allowance of Judiciary Fund.

In Philippines an impeachment motion originates from the House of Representatives and once it is passed, the Senate acts as a judiciary and to find guilty the senate has to pass it through 2/3^rd majority. The Senate is composed of 24elected members. In Corona’s impeachment, the Senate passed it by 20- 3 majority vote. On Corona’s case the senate only considered one charge in detail and that was Charge No. 2 regarding non disclosure of assets and liabilities and found that it was proved and thereafter other charges were not taken into investigation and consideration. Under the Article XI, Section 3(7) of the 1987 Philippine constitution, Mr. Corona was removed from office and he is unable to hold public office.

In the impeachment process of the Chief Justice of Sri Lanka, the selectcommittee composition is very important. If the select committee is to be composed of members who had given consent to the impeachment motion, that will definitely lead to a situation where natural justice and fair play is denied to the Chief Justice. In Philippine the impeachment process or trial was much transparent and public were given a chance to witness proceedings through electronic live telecast where in Sri Lanka the impeachment process would be a hidden process. In that sense it will lack the idea of openness of judicial proceedings .Further in case of Philippine it took six month to conduct the whole proceeding while in our context a mere one month is allocated and Chief Justice will be disentitled to “ fair play’, adopted by advanced legal systems.

 *Writer is the Secretary General of the Liberal Party of Sri Lanka,  Attorney-at-Law, BA (Hon), PgD(International Relations)

The impeachment motion against Judiciary fast recoiling on the Rajapakse family rule – first massive protest closes the Fort for traffic
(Lanka-e-News -06.Nov.2012, 5.00PM) The first massive protest procession of the people against the impeachment motion brought by the Rajapakse regime began yesterday(05) afternoon at the Colombo Courts complex and went on up to the Fort. This procession was organized by the Democratic people’s Front and many thousands of protestors took part in it. Chiefs of the Legal profession , professional Associations and artistes partook in the procession.

Owing to the unexpected large crowds the roads leading to Fort were closed for traffic. Anura Dissanayake , the JVP M.P. sternly said, this wrongful impeachment motion against the judiciary shall be rightly converted into an impeachment against the Rajapakse family rule. He urged everyone to support this counter move burying party , race and other differences. This protest procession is a broad based Organization which came out to the streets today as a Democratic people’s campaign to stop the Rajapakse family rule in its tracks, he added.

The megalomania of the unhinged Rajapakses that they there is nothing that they cannot do began their second term by murdering journalists, causing their disappearances, breaking their limbs, setting fire to media Institutions, chasing away media personnel from their motherland and making a joke of them . Now , the bestial family rule is trying the same pranks with the judiciary , Dissanayake asserted.

Was an impeachment motion brought under Section 107 of JR’s dictatorship mad constitution because of the dictatorial mania of today’s MR ? he asked. Section 107 refers to inequity. But today who is talking about the inequity of the chief justice ? It is spoken by Pavithra Wanniarachchi , a mad discarded clown . What a country is this and where is it headed ? When Anura Dissanayake questioned this , the large crowd assembled who knew well about Pavithra’s putrid background hooted and jeered at Pavithra’s chaste pretence .
Dr. Chandragupta Thenuwara , the film and stage artiste who addressed the protest rally said, the period of the people remaining quiet and in slumber is over . When the people’s precious inalienable rights are being dismantled one after another before their own eyes , they cannot remain silent . They must awake and come forward in this struggle discarding differences and distinctions, he pointed out.

Attorney at law Sunil Watagala of the Janatha Lawyers Association also spoke.

(More photographs of the people’s protest campaign appear 

What a waste of money? A local newspaper published in Kilinochchi has been thrown to the Waste Paper Baskets Tuesday, 06 November 2012

A local newspaper published in Kilinochchi has been totally rejected by the public. It was reported that a newspaper namely “Voice of the Nation” has been distributed amongst the public in Kilinochchi and public those received this newspaper have used them to rap food packets instead of reading them. Publishing of this newspaper has initiated by one local politician in the area, namely S. Sreedaran and he has expended over Rs. 400,000.00 for this purpose. It was further said that owner of the press has blamed Sreedaran for this wasted effort.

People in Kilinochchi are now inquiring that from where this money has come? Further, they are questioning Sreedaran as to why he didn’t use this money for the benefit of the affected people who suffered from the recent rainy weather.

Shutterbug sketches Lanka war


M T Saju, TNN | Nov 6, 2012
CHENNAI: Soon after the 2004 tsunami,Benjamin Dixie landed in Vanni in Sri Lanka as a photojournalist. Though the tsunami had wreaked havoc, he found the fishing village beautiful and spent hours photographing its people, paddy fields, beaches and sandy roads.

But as the conflict between the LTTE and the Sri Lankan government escalated, the situation in Vanni changed. Government forces began to clear the villages and people fled towards the LTTE administrative headquarters, Kilinochchi, for safety. When Benjamin left Sri Lanka as the UN liaison officer in 2008, he was disturbed by the stories of hundreds who had been displaced. He wanted to do something for them. The result is 'The Vanni', a graphic novel depicting the effect of the war on a poor's fisherman's family.

Set in Sri Lanka, India and the UK, the graphic novel tells the story of a fictional Tamil familyfrom Vanni. "The protagonist Antoni and his family are based on a number of people I met in Vanni. I am also working with Sri Lankan Tamil asylum seekers in the UK," says Benjamin.

Illustrated by Lindsay Pollock, a preview of 'The Vanni' was launched online a couple of weeks ago. They decided to publish online so that their work can reach more people. "We are trying to accurately represent a typical experience of one Tamil family from 2005 to the present. What exists online now is just a preview, like a movie trailer. We are looking for funding to complete the book. I hope to publish a chapter online every three or four months. When we complete it, I will try and get a publisher to make a hard copy," he said.

"The graphic novel format makes it easier for people to read and learn about the issue," said Dixie. "We are using photographs and film clips either as part of the narrative or as reference material embedded behind the illustrations. This tangibly reconnects the reader with the real events that inspired the drawings. By embedding links and reports, the reader can jump off from our fictionalised account to learn more about the conflict and other issues," he said.

Dixie and Pollock had long discussions to bring the Sri Lankan landscape to life. "Unfortunately, the situation in Vanni is sensitive and we could not travel there. So we travelled to Tamil Naduearlier this year. Lindsay was able to see palmyra trees, paddy fields and fishing villages. On returning, we began work on the preview, using the Tamil Nadu photos, my photos of Vanni, and images of the war gathered from the Internet," he said.

India has no indication about 13-A dilution or reversal, says Salman Khurshid

by S. Venkat Narayan

- Our Special Correspondent

November 5, 2012,

 NEW DELHI, November 4: India’s new External Affairs Minister Salman Khurshid has made it clear that New Delhi has not received any indication to the effect that Sri Lanka plans to either dilute the 13th Amendment to its Constitution, or to reverse it.

Answering a question at a press conference at the end of the 12th meeting of the Foreign Ministers of the Indian Ocean Rim Association for Regional Cooperation at Gurgaon near here on Friday evening, Khurshid said: "My understanding is that we would rather support the 13thAmendment, and that we have been given indications from time to time formally, officially, even privately, we have been given reaffirmation of the Thirteenth Amendment."

He added: "If anything, we have understood that there is a demand from one side for going beyond the Thirteenth Amendment and that the Thirteenth Amendment would not be adequate. This is my understanding of the distance between the two sides on moving forward. We have no indication whatsoever that there is an issue of dilution or a reversal of the 13th Amendment."

Khurshid went on: "The bottom line that we know is that the 13th Amendment stands, and the 13th Amendment is reaffirmed, but that there is now an expectation that has been placed that there is need to go beyond the 13th Amendment."

"How soon that is possible, if at all it is possible, what will be the procedure and the process that will be undertaken to examine this further, what will be its impact on the deadlines and dates that Sri Lanka has set for itself for elections in the Northern Province, which is sometime next year, this is the matter that we will have to watch and wait for," the minister pointed out.

Khurshid said this is an internal matter for Sri Lanka. "It of course has an implication for us, but it is an internal matter for that country."

Talking about his first meeting with his Sri Lankan counterpart earlier on Friday, Khurshid said: "I would like to share with you that my meeting with the Sri Lanka Foreign Minister was a very rewarding meeting. It so happens that he is a senior of mine from Oxford, and perhaps Oxford people speak the same language.

"So, I may have understood his language better than I might have understood anyone else’s language. I did have a very rewarding and very satisfying meeting with him. I must say that we had a very candid and a very frank exchange of views, and an extremely helpful exchange of views."

Divineguma Bill Needs 2/3rd Majority And Clause 8 Needs A Referendum

November 6, 2012

The Supreme Court has ruled that the Divineguma Bill has to be passed with two third majority in Parliament and Clause 8 has to be approved at a referendum and also two third majority in Parliament, Speaker Chamal Rajapaksa announced in Parliament today.

The Role of Women in Reconciliation - Asanga Abeyagoonasekera

Tuesday, 06 November 2012

Why did we select ‘women’ as the referent point of today’s deliberations? There is no doubt that the war affects everyone irrespective of their gender. Yet, the impact is different and disproportionate. However, the need to pay special attention to different needs, vulnerabilities, priorities and capacities of men and women is often ignored in the conventional peace processes and from the post-conflict peace building initiatives. In most cases women are under-represented or not represented at all leaving their concerns and wants unheard. It risks jeopardizing the entire peace process as a large portion of post conflict societies comprises of female headed households.

As Asians we can be proud since more women have reached the highest positions of power in this region than anywhere else in the world. Sri Lanka itself had the first female Prime Minister, Sirimavo Bandaranaike, and a female President. The principal contributor to the Sri Lankan economy worth of US$ 4 billion comes through foreign remittances from the women working abroad. Apart from that women’s contribution to our exports from garment factories and tea plantations is significant. That being said, the Asian women have a long way to go.

According to the Household Income and Expenditure Survey 2009-2010, the number of female households in Sri Lanka account for 23% of the total. In some villages in North and East, bulk of the population composes of widows. They are the bread winner and care giver. This is when they themselves are undergoing enormous amount of pressure from the society, coupled with the traumatic experiences of losing their loved ones. Therefore, it is an imperative that the policy makers and implementers make a discriminate attempt in assisting this group.

During my meeting with the UN Head Quarters in New York 2 days ago they appreciated our effort in recognizing importance of women in reconciliation. UN has taken the initiative in 2010 July to establish UN Women Gender Equality and the Empowerment of Women.

Though our scope and time is limited, at today’s conference our speakers will dwell on a series of issues relating to women and harmony, health care of women especially in North and East, skill development of war widows, financial empowerment as well as gender dynamics in post conflict situations.

A couple of months ago, in Thailand, I had the opportunity to meet one of the prominent women leaders, Daw Aung San Suu Kyi. She says that gender inequality is cultural than economic. In Sri Lanka, I think it takes rather a political turn. Therefore, the best way to tackle it would be through education and creating conducive politico-social environment.

Increasing the representation of women in all three tiers of the government, central, provincial and local governments, formulates the necessary institutional setup. It would be completed if we incorporate gender studies to school education at a younger age, which will assist in nurturing a system of protective networks in the society.

Promote and support women’s cooperatives, entrepreneurship in the North and East and increase public spending in order to meet the entitlement needs of women at the grass root livelihood challenges.

Given the sheer numbers of them, it would be important to prepare a national policy document on the humanitarian needs of widows as there has to be a differentiated approach to address the needs and problems of the women.

Asanga Abeyagoonasekera

(Executive Director)

Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKIIRSS), ColomboI believe that women can reinstate the torn social fabric due to three decade war by being the champions in our national reconciliation process.

Sri Lanka Campaign Urges Tourists To ‘Think Again’, Money Goes To ‘Pockets Of Criminals’

By Colombo Telegraph -November 6, 2012 

“As part of a campaign promoting ethical tourism in Sri Lanka, the Sri Lanka Campaign for Peace and Justice has recently uncovered evidence that a range of British tour operators are currently offering holiday packages that provide commercial benefit to alleged perpetrators of human rights abuses.” says Sri Lanka campaign for Peace and Justice. 

Edward Mortimer

Issuing a press statement its says “The announcement comes in time for Wednesday’s “Responsible Tourism Day” at the London World Travel Market 2012[1]. Lonely Planet recently listed Sri Lanka the number one place to visit in 2013. Provocatively titled ”think again,” our campaign seeks to enable holiday-makers to make informed choices about tourism providers to ensure that their holidays do not benefit known human rights abusers. We are at the same time eager to highlight the many positive steps that holiday-makers can take so that their spending contributes to developing local communities and legitimate businesses.”

“We name and shame five hotels, four airlines, and four attractions that have links to the military as well as highlighting concerns surrounding three major hotel chains. We further name and shame twelve international tour operators that use these businesses, including Virgin, STA Travel and Thomas Cook.” Sri Lanka campaign for Peace and Justice further said.

Launching the campaign, Edward Mortimer, chair of the Sri Lanka Campaign for Peace and Justice said,

“Many people go on holiday to Sri Lanka without realising that as recently as three years ago tens of thousands of civilians were slaughtered there, in the closing stages of the civil war; that the north of the country remains under military occupation; that its people are still traumatized, many of them disabled or otherwise prevented from earning their living; and that people in any part of the island who fall foul of the government are liable to be kidnapped, beaten and often killed. Our campaign is designed to help tourists make informed choices, so that they spend their money in ways that help reconstruction and rehabilitation rather than lining the pockets of criminals.”

Campaign website is now live at http://srilankacampaign.org/tourismdilemma.htm

Read the full press briefing here

Sri Lanka campaign for Peace and Justice have created the attached infographic highlighting key statistics about Sri Lanka’s tourist industry.The hashtag will be #thinkagain

 World Travel Market visit http://www.wtmlondon.com/

* Head of the EU delegation in Sri Lanka calls for further efforts in accountability

Mon, Nov 5, 2012
Nov 05, Colombo: Ambassador and Head of Delegation of the European Union to Sri Lanka and the Maldives, Bernard Savage says further efforts were needed on the issue of accountability.
Savage has noted that issues such as disappearances, particularly the enforced disappearance of journalists are a matter of concern.
Speaking to a local print media, the ambassador has observed that there are a number of outstanding cases. He has noted the case of the murder of The Sunday Leader Editor Lasantha Wickrematunga, the murder of the French ACF workers and the university students in Trincomalee are yet unresolved.
"These are issues that have not been properly resolved. There are other cases of disappearances that have not been satisfactorily addressed. It is an issue where more clarifications are needed and the culprits brought to book," he has pointed out.
Referring to the EU, Savage has noted that although the Union was not represented in the UNHRC, the EU member states are represented in the Council and that they have made interventions covering a number of subjects.
"The member states have also voiced concerns on certain issues, notably issues related to questions of missing persons and enforced disappearances, etc. These concerns are raised by our member states and also by a number of other members of the UNHRC. The experts of the mission who visited the country recently have also raised these issues," Savage has observed.

Silumina Editor makes News Editor seek a transfer

Tuesday, 06 November 2012

The News Editor of the Silumina newspaper has sought a transfer to another department after the Silumina editor had reprimanded the desk head in front of the staff for disturbing him when he was having a good time in the arms of a female, sources from Lake House said.

The News Editor had entered the Editor’s office without knocking on the door to attend to some urgent work related to the newspaper. The Editor at the time had been in a compromising position with a female journalist from the editorial. The News Editor had witnessed this scene when he had walked in on them.

An angry Editor had then walked out to the editorial and had reprimanded the News Editor for entering into his office uninformed.

The News Editor had been disgruntled that he had been publicly shouted at for a small mistake and he had been transferred as the Provincial News Editor. The Lake House Chairman who is aware of this incident is unable to advice the persons involved since he too is engaged in such actions in the office. Members of the Silumina editorial board says that the female journalist was engaged in pleasing the Silumina Editor’s needs in order to be appointed as the Featured Editor of the newspaper.

The Silumina newspaper under Karunadasa Sooriyarachchi has fallen to such depths that it cannot be salvaged to its former position in the Lake House.

Meanwhile, the Dinamina Provincial News Editor, Deepal Sumanasekera has been transferred to the training and research division after he had shouted at a female provincial correspondent in filth.

The Dinamina Provincial News Editor it is learnt always shouts at his staff and provincial correspondents. In this instance, the female provincial correspondent had said she would complain about him to the President. The Provincial News Editor had the shouted at the corresponded referring to the President’s mother in filth.

Although an order had been made to immediately sack the Provincial News Editor, the Lake House Chairman had only given him a transfer because he helps the Chairman control the SLFP and several other trade unions that cannot be controlled by him.

The Dinamina Provincial News Editor’s wife is also serving as a court reporter for the same newspaper.

The Silumina News Editor has now assumed the post of Dinamina Provincial News Editor after receiving the transfer requested by him.

Arrest Warrant Issued On Former Sunday Leader Editor Frederica Jansz

By Colombo Telegraph -November 6, 2012 

The Court of Appeal on November 6, issued an arrest warrant on former Editor in Chief of The Sunday Leader Frederica Jansz when she did not show in court as summoned to do when a Contempt of Court action filed by Thilanga Sumathipala was called.

Jansz

The Contempt of Court case was filed in 2004 by one time Chairman, Sri Lanka Telecom and President for the Board of Control for Sri Lanka Cricket, Thilanga Sumathipala against then Sunday Leader Editor
Lasantha Wickrematunge, journalist Frederica Jansz and publisher Lal Wickrematunge for wilfully carrying articles in the Sunday Leader newspaper prejudicial to the current court proceedings against Sumathipala.

Petitioner Thilanga Sumathipala in his application stated that the articles were published with the cold and calculated intention of interfering with the ongoing judicial proceedings and thus creating an atmosphere of real and substantial prejudice against him (petitioner) subverting the due process of Law and gravely prejudicing the holding of a fair trial.

Sumathipala has maintained that the publication of a series of articles, written by Jansz and published during the tenure of Editor and the late Lasantha Wickrematunge,  while there was imminent legal proceedings against the petitioner rendered the action sub judice.

Sumathipala at the time was the second accused in the Magistrate’s Court case where he was being charged for aiding and abetting underworld figure Dhammika Amarasinghe to forge a passport in the name of Buddhika Priyashantha Godage and aiding and abetting Dhammika Amarasinghe to travel abroad using the forged passport.  Sumathipala, according to the articles carried in The Sunday Leader had used cricket board funds to do so.

Petitioner Thilanga Sumathipala has asked Court to issue a rule on Sunday Leader Editor, (now dead) then journalist and later Editor Frederica Jansz and Publisher of the Sunday Leader Lal Wickrematunga why they should not be punished for contempt of the Magistrate’s Court of Colombo and upon failure to show cause to punish the respondents for contempt of Court.

The sensational articles published in the newspaper in 2003 and 2004 resulted in the sacking of two judges and the murder of the underworld figure Dhammika Amarasinghe who was shot dead in the middle of a
district court house in Hultsdorf when produced for a judicial hearing.

Colombo Telegraph this week carried the story  that Frederica Jansz, who was sacked from her post as Editor in Chief at The Sunday Leader in September this year is learnt to have left Sri Lanka together with her two sons having been granted refuge by a powerful nation currently pushing to hold the Sri Lankan government accountable for possible war crimes and other human right abuses including abuses of media freedoms and stifling the press.

Frederica had since her termination confided to close associates that she had been followed home twice by men on motorbikes as well as received a threatening phone call.

Frederica was also facing further litigation initiated by Gotabaya Rajapaksa when in July this year following the article ‘ Gota Goes Berserk’ he revived a Contempt of Court action he filed in 2009 and had laid by following her giving evidence in the White Flag case.

Frederica, according to confidantes had said she had been warned by her lawyers that there were moves to possibly impound her passport at the next court hearing scheduled for later this month.  She was also
facing a jail term if the case was decided in favour of Gotabaya Rajapaksa.

UNHCR helps resolve land issues in Sri Lanka's north

News Stories, 6 November 2012

© UNHCR/S.Perera

The local government office in Maruthankerny, Jaffna district, has been using equipment provided by UNHCR to support land documentation needs in the area.

COLOMBO, Sri Lanka, November 6 (UNHCR) –Three-and-a-half years after Sri Lanka's civil war ended, fresh challenges have emerged as people continue to return home. The UN refugee agency is working with local authorities and partners to support sustainable returns by addressing some of these problems, including housing, land and property.

The 26-year-long conflict, which ended in May 2009, left basic services in tatters, destroyed homes and infrastructure, and caused hundreds of thousands of people to flee their homes in the north and east. As they fled, many families lost key documents, including property title deeds.

With local government services virtually non-existent at the time of return, they were unable to obtain copies of documents or could not afford to do so. That meant many people could not prove that they owned their land.

"Land documentation is critical for these families to restart their lives and reintegrate in their villages," said Michael Zwack, UNHCR's representative in Sri Lanka. "Without land deeds, returnee families cannot obtain the clearance to rebuild their homes or prove ownership in order to access housing assistance. Documents are also essential for families to claim compensation for private land that has been used for state purposes."

To help tackle this thorny problem, the UN refugee agency has provided computers, photocopiers, scanners and fax machines to 45 local government offices dealing with land documentation and records in the Mannar, Jaffna, Vavuniya, Mullaitivu and Kilinochchi districts. These will allow officials to process land claims and issue fresh documentation.

UNHCR, following discussion with the Registrar General's Department, will also arrange computer servers for 14 sub-offices in the north to help decentralize the process of issuing and storing documentation. The servers will also help link the offices and keep information on claims and titles.

"The responsibility of meeting land and civil documentation needs generally lies with the Registrar General's Department. These functions are decentralized to the local government offices and the land registries in the districts," explained Zwack. "So while this equipment is provided primarily to help streamline the application process for land documentation, it also helps streamline the general functions and increase the efficiency of the local government offices."

Civil servants dealing with land issues welcomed the new equipment. Nadarajah Thurilinganathan, who heads the local government office in Maruthurankery, said chaos had ensued in 2006 when they had to move to a safer area of Jaffna district when the fighting came close.

"During the relocation process, we lost all the documentation, including copies of land deeds belonging to the people in this area," he said. "But thanks to this equipment we are now able to liaise with the [land] survey department and obtain new copies of the deeds."

UNHCR, through local partner organizations, is also helping in the demarcation process, so that returnees can cordon off their area and build protective fences. The agency funds transportation costs for government survey experts sent to demarcate property in remote rural areas.

This process is especially important for people like Yoganathan Selvarani, 36, who lives with her six children while her husband works overseas. Selvarani and her family are from a village close to the coast in Jaffna's Aliyavalai area.

They left the village after the area was hit by the Indian Ocean tsunami in December 2004 and moved further inland. They then experienced multiple displacements when the civil war resumed and finally returned two years ago.

"Even though we were living on the land, it was not properly demarcated so I couldn't put up a fence," said Selvarani, adding that survey department staff visited earlier this year and set up pegs marking the boundaries. "Since my husband isn't here, a fence is essential to cordon off my land and provide some semblance of security," she said, adding: "We couldn't build it earlier without knowing exactly where the land's boundaries are." She has since built a fence with her brother's help.

Targeted actions such as these are going a long way to ensure that smaller issues are identified and addressed pre-emptively. But beyond these practical measures, there is still an urgent need for a comprehensive nationwide policy on compensation and restitution for families whose private lands have been used for state purposes. Accelerated procedures to establish land claims and the establishment of alternate dispute resolution mechanisms could help to ensure a sustainable return of the displaced.

More than 238,000 internally displaced people and 6,300 refugees have returned home in Sri Lanka since May 2009.

>By Sulakshani Perera in Colombo, Sri Lanka