A judge is in a worse position than an accused murderer or rapist

By Basil Fernando -November 17, 2012

Basil Fernando

Even the worst of criminals have a right to a fair trial before an independent judiciary. A judge in an impeachment proceeding in Sri Lanka does not have that right. Article 107 of the Constitution and the standing orders as they stand now preclude that right.

Is the quality of citizenship of a judge of an inferior quality than that of others?

This brings us to Article 12(1) of the constitution, which guarantees equality before law to everyone. However, in impeachment proceedings judges do not have that equality.

What, then, is the quality of the citizenship of a judge?

There is a tragi-comic absurdity here and a fundamental illegality.

Within a framework of such an absurdity and illegality, can the PSC make a legally valid decision?

If a PSC tries a case of murder, will that be valid? Of course not. Whosoever it is, if ever subject to such treatment, has a right to resist participating in such a proceeding.

Would it be a violation of parliamentary privileges if such a person on such an occasion resisted participating in such a proceeding? That cannot be so as the legality of the proceeding must first be established before proceedings are to be legal.

But, it appears that, regarding judges, such legality need not exist. If the PSC calls them they should comply.

The illegality of these proceedings have already been declared by international law experts and authorities.

What is it then that is taking place before our own eyes?

Is any kind of perversity permitted against the judges?

Peace dividend wanes

* Moody’s says Sri Lanka’s sovereign rating outlook positive, hinges on effective macroeconomic management

November 16, 2012, 7:42 pm 

Moody’s Investors Service says that the outlook for Sri Lanka’s B1 rating is positive, but it hinges on the effective management of macroeconomic challenges.

According to a new Moody’s report titled, "Credit Analysis: Sri Lanka," the B1 rating reflects Sovereign Bond Methodology scores of "low" economic and government financial strengths, "moderate" institutional strength, and "moderate" susceptibility to risks from financial, economic, and political events.

"Sri Lanka’s strong growth trend supports the rating, but the economy has faced a number of challenges over the past year," the ratings agency said.

"GDP growth rose to 8% in 2010 and 8.3% in 2011, following the end of the civil conflict in May 2009. However, some aspects of the ‘peace dividend’ appear to be waning—namely, the reductions in inflation and in government funding costs. Therefore, sustaining strong growth and price stability will entail steady and effective macroeconomic management and further improvement in the investment environment.

Developments in the country’s balance of payments position will be central to the rating outlook. Policies taken earlier this year have limited downward pressures on the external accounts which emerged in late 2011. While reserves have stabilized recently, a slowdown in exports suggests that Sri Lanka’s vulnerability to external risks has not significantly receded.

Renewal of the International Monetary Fund’s stand-by agreement with Sri Lanka, which ended earlier this year, would be positive for the country’s external payments position, although the prospects and size of a fresh loan are uncertain.

In addition, fiscal space and flexibility are limited, given Sri Lanka’s high government debt and refinancing needs. However, the steady moderation in the budget deficit to 6.2% targeted for 2012 from a peak of 9.9% in 2009, and a budgeted deficit of 5.8% in 2013 underscores the government’s commitment to and success in fiscal consolidation.

The stability of the current government limits helps to ensure policy continuity. Continued progress in the reconciliation with the Tamil minority would also ensure social stability and boost economic growth in the Sri Lankan economy. However, Sri Lanka’s ‘moderate’ susceptibility to event risk reflects latent political risks in a country which only recently emerged from a long civil war," Moody’s said.

Sri Lanka’s war crimes: UN says sorry, will the government?

by G Pramod Kumar Nov 15, 2012

On Wednesday, the United Nations released a landmark report that indicted itself for its failure in protecting thousands of Sri Lankan civilians during the final phase of the Eelam War in 2009.

But this self-indictment, in fact, effectively exposes the Sri Lankan government’s complicity in the war excesses against its Tamil civilians, and its persistent efforts to block any form of international scrutiny or intervention.

The UN indeed admits to grave failures in the report, but doesn’t hide the fact its options to maneuver were seriously limited. AP

The most obvious sense that the report conveys is that of introspection by the UN, since Sri Lanka was its second Rwanda. But the process of introspection brings out the reality that the situation couldn’t have been any better because the Sri Lankan government was determined in its plan, which also included proxy attacks and intimidation of the UN and international community, and diplomatic games at the General Assembly with the help of a few member states. No marks for guessing who these states were.

Going by the report, some of the UN representatives in Colombo were certainly clay-footed and didn’t do their job well in standing up to the government’s wile and intimidation, while their bosses at their headquarters failed to back up.

But that is the vitiating and overbearing environment that the Sri Lankan government offered the UN and other members of the international community. As the report itself notes, Sri Lanka has been known for denying visas and threatening to revoke them, expelling several UN resident representatives as persona non grata, and even disallowing recruitment of new staff.

The report has been prepared by an internal review panel of the Secretary General (SG) Ban Ki Moon. Such a review had been suggested by a panel of experts, which had estimated that 40,000 people had died during the final phase of the war and advised the SG on accountability of the government and the LTTE in the conflict. The SG seized the opportunity and appointed a new panel to review the UN’s role during the conflict, particularly with a view to responding more effectively to such situations in future.

The UN indeed admits to grave failures in the report, but doesn’t hide the fact that within the choking government harness, its options to maneuver were seriously limited.

You can read the complete “Report of the Secretary General’s Panel on United Nations Action in Sri Lanka” here:

Petrie Report

Let’s see how the UN introspection indicts the Sri Lankan government. Here are some highlights with paragraph numbers for easy reference:

On the indiscriminate shelling by the Sri Lankan army on civilians and the UN Resident Coordinator’s inability to stand up

 24. According to the Panel of Experts report “From as early as 6 February 2009, the SLA [Sri Lanka Army] continuously shelled within the area that became the second NFZ (No Fire Zone), from all directions, including land, sea and air. It is estimated that there were between 300,000 and 330,000 civilians in that small area. The SLA assault employed aerial bombardment, long-range artillery, howitzers and MBRLs [unguided missile systems] as well as small mortars, RPGs [Rocket Propelled Grenades] and small arms fire …”

The section further notes that the RC (Resident Coordinator of the UN) had indicated that about 3000 people could have died and in another meeting, he along with other officials highlighted the violations by the LTTE, but didn’t go into the government excesses.

On the attempts to surrender by the LTTE leadership, the government’s resistance and their possible execution

From early May 2009 as the LTTE was nearing total defeat, some of its members contacted senior UN officials to ask for their help in facilitating surrender. These contacts were initiated even as other LTTE leaders were advocating instead for a ceasefire and as late as 15 May some LTTE elements were still firing mortars at the Government from amongst civilians. The Chef de Cabinet asked the Government to allow him to fly into the conflict zone to witness a surrender and act as a guarantor of safe passage. The Government refused and the UN believed it could not attempt further follow-up.

By 18 May 2009 most of the remaining LTTE leadership was reported killed. The Government claimed they died in armed engagements, possibly at the hands of other LTTE fighters. Other credible sources said many were executed, including some who on the morning of 18 May had crossed into Government-held territory unarmed and with white flags.

Elsewhere in the report, the panel notes that several members of the diplomatic community and member states were willing to put pressure on the government to allow for the surrender under international humanitarian law. Some member states, however, said that the LTTE request came in too late. Will be interesting to note who the states were. The report doesn’t name them though.

On casualty figures

On 19 May, with the death of the LTTE’s leadership, the Government claimed victory in the war. The final phase of the decades-long Sri Lankan conflict was catastrophic. The Panel of Experts stated that “[a] Some Government sources state the number was well below 10,000. Other sources have referred to credible information indicating that over 70,000 people are unaccounted for.

 Abuse of UN staff, violation of their privileges and immunities

The conflict and its aftermath saw UN staff suffer abuses in contravention of their UN privileges and immunities, and of international human rights and humanitarian law. National UN staff prevented by the LTTE from leaving the Wanni lived through months of Government and LTTE shelling, and witnessed dependents being killed or injured. Staff were screened and interned in camps. At least two staff members were abducted and tortured by Government forces, and then formally detained by the police. Many NGO staff were also killed during the conflict. In March 2012, on UN premises in Geneva, members of the Sri Lanka Government delegation threatened and harassed NGO activists attending the Human Rights Council session.

On UN sparing the government from tough talk

The UN repeatedly condemned the LTTE for serious international human rights and humanitarian law violations but largely avoided mention of the Government’s responsibility. Senior UN officials said this was because information could not be verified. In fact, information had been verified to a good standard; indeed UN statements on LTTE violations, including the killing of civilians and holding civilians hostage, were based on information verified in the same manner. Numerous UN communications said that civilians were being killed in artillery shelling, but they failed to mention that reports most often indicated the shelling in question was from Government forces.

            The UN condemned the use of heavy weapons in general, and some officials appeared to believe that because such weapons were almost exclusively used     by the Government that this was a sufficient means of raising Government       responsibility. Some RC letters to the Government on a small number of incidents were more explicit in referring to Government attacks killing civilians. However, letters on the most flagrant incidents were sent only to the head of protocol at the Ministry of Foreign Affairs or to the ‘Ministry of Foreign Affairs’ in general, rather than to a relevant and senior Government official, limiting the letters’ impact.

This report, even while being extremely unkind to itself, is in its plain-speaking best against the dangerous ways of the Sri Lankan government. Besides the highlighted portions above, the report is also explicit on disappearances, threats to rights- activists in Geneva during the UN Human Rights Council resolution, and the country’s violent past.

Every effort of the international community and the UN, in preventing the war excesses in 2009 and fixing accountability, has failed. Even a resolution against the country at the Human Right Council didn’t bear any fruit, thanks to some friendly member states including India.

Whether the UN meant it or not, the Sri Lankan government is certainly the collateral damage in this extraordinarily cathartic exercise.

After its failure in Rwanda, it was a thoroughly distraught and suicidal commander of the UN mission, Lt General Romeo Dallaire, who made the unavoidable confession in his “Shake Hands with the Devil.”  Tormented by the guilt of inaction and the pain of genocide, for him, it was the only means of reconciliation.

But this time around, the organisation itself has confessed.

The UN has courageously said that it has failed in preventing the death and suffering of thousands of people. Can the Sri Lankan government at least show some semblance of remorse?

“UN’s efforts at accountability stand in stark contrast to the Sri Lankan government’s total lack of accountability over the deaths of tens of thousands of their own civilians. This is the real issue,” sums up Gordon Weiss, former UN spokesman in Sri Lanka and author of “The Cage” which originally exposed the island government’s complicity.

You can follow Pramod on Twitter @pramodsarang

“Urban (And Rural) Legends” Propagated And Dissent Suppressed

By Emil van der Poorten -November 17, 2012

Emil van der Poorten

There has been in the so-called “First World,” for a not inconsiderable time the concept of the urban legend which Wikipedia defines as

“a form of modern folklore consisting of stories that may or may not have been believed by their tellers to be true.^[1] As with all folklore and mythology, the designation suggests nothing about the story’s veracity, but merely that it is in circulation, exhibits variation over time, and carries some significance that motivates the community in preserving and propagating it. “

What has been doing the rounds in Sri Lanka has the additional, sinister complexion that comes from it being driven by a corrupt and venal agenda increasingly desperate for bread, circuses and other distractions to keep the public from realizing what is happening to and around it.

Sri Lanka had the phenomenon of the “Grease devils (GDs)” not so long ago, a phenomenon particularly ubiquitous in the Eastern Province and parts of the North when there seemed to be very real possibility of some significant dissent from the policies and practices of the Rajapaksa government.  There was panic in the countryside despite the government’s heavy-handed attempts to permit only selected information into the public domain.  There were well-documented tales of women cowering in fear after dark, not being prepared to brave the outdoors of rural Sri Lanka for fear of being raked by the fingernails of “GDs.” There were some incidents which, on the basis of the anecdotal evidence could not be easily dismissed and which pointed an unerring finger at miscreants who were connected to the government.  On one occasion villagers chased several GDs who did not have the luxury of concealing their tracks because the pursuers were hot on their heels. And guess where their tracks led?  An army camp, entry into which was repulsed violently by uniformed personnel who bought enough time, according to newspaper accounts, for re-suited “GDs” to leave the premises in official vehicles.  While they did succeed in getting away, it was not before the villagers had been able to identify them.

Even in our neck of the woods, which by virtue of the prevailing Kandyan village culture perhaps does not seem to support overly dramatic stories, we had several reports of intruders with indeterminate intent.  In any event there was significant panic but not to the extent, as happened in the Haputale area at the height of the GD hysteria, where a couple of itinerant salesman were killed, having been mistaken for those wandering around with evil intent!

A few days ago, there was a report of a wild elephant having wandered up one of the main source streams of the Deduru Oya and having reached a point a couple of miles from the town of Galagedera.  The story went that this thirst-maddened and disoriented animal had come upstream from the jungles of the North Western Province and had traversed several miles of (dry) stream bed in its quest for water.

A few days after I’d heard this story which had led to all six members of a family that resides on our land, a long way away from the water course referred to earlier, ending up clinging to each other throughout one whole night in abject fear that the marauding pachyderm would visit them, imagining every gust of wind in the trees adjacent to their abode to be the rogue elephant.  At daybreak, as the rising sun brought some degree of comfort and security to them, one of their number made a bee-line to our home in the belief that we’d be able to defend them against this monster of the night!  How they expected us to repel this very large mammal with a popgun meant to scare off marauding monkeys, heaven only knows!

A couple of days later a guy who lives, literally, on the banks of this same headwater of the Deduru Oya, at the bottom of the jungle trail that serves as an access road for us and a couple of hundred other unfortunates, regaled me with his own ‘pachydermatous experience!’  It seemed that the lone elephant (Thaniya) had either produced some progeny since we’d first heard of his presence in the area or some of his friends had joined him because, with the first heavy showers of rain that broke the unprecedented drought that we had experienced till recently, my new informant who had all the hatches battened down in his modest abode, was subjected to this terrific crashing and bashing, literally, on his doorstep.  He claimed that there were three elephants, none of which he had seen because his adult son had insisted that they not open so much as a window or door because of the huge danger that such an action would create.  In any event, for whatever reason, the animals had decided to return to wherever they came from and had left.  Unfortunately, because the level of the Oya had risen due to the heavy rainfall, all of the footprints of the elephants had been washed away!  However, I was assured that, if I checked with a kinsman in the area he would confirm that the marauding animals had eaten a toddy-palm (KithulCaryota Urens) plant in his compound when they were passing through)  Knowing that worthy, I know that if he had the opportunity of embellishing that tale to include a whole forest of kithul destroyed by a whole herd of Elephas Maximus he would very willingly embrace such a story because that might serve as a deterrent to the notoriously-thieving villagers whose nocturnal visits to his property might conceivably be curtailed by fear of, literally, bumping into an ill-tempered elephant which checking out said kinsman’s land for whatever produce could be spirited away!

If I have gone to some lengths to lay out what happens as these rural legends gain increasing credibility it is to show what can happen in a culture driven by government repression of disagreement and dissent.  During the First World War there was the famous admonition that “Loose lips sink ships,” and with the juggernaut of a totally ruthless government still coasting on its defeat of the Liberation Tigers of Tamil Eelam, there is already an escalation of “Kalay Paththara” and the ever-present word-of-mouth gossip through which the most innocuous piece of bad news about a minor traffic collision assumes the proportions of another Pearl Harbour.

When people are in panic mode, they tend to believe the most outlandish tales and when they do that, they also react in a manner out of proportion to even the monstrously inflated threat.

We have seen this all over the world in a variety of circumstances and we have seen this in Sri Lanka as well.  I remember, during Emergency ‘58 the total fabrications about women having their breasts hacked off, being thrown into wells and inflammable liquid thrown after them and that liquid ignited.  There wasn’t a smidgen of truth to those horror stories.  However, they did provoke a backlash that resulted in upto-then unheard of cruelty to innocent men, women and children of a minority community.  I’m told that in 1983, a similar, deliberately-propagated lie about a Tamil army invading Colombo resulted in a backlash of carnage without precedent.

In all of these instances, the sparks of spontaneity were missing in what preceded the conflagrations.  These were fires that were deliberately set.

In the current time, when there are truly vexed questions the answers to which are going to determine whether this country will exist as a place fit for sane and civilized human habitation, a similar pattern of concocted stories is emerging again, much of it with a veneer of “respectability,” “based on fact” if you will, that makes it that much more effective as a means of undermining the very foundations of basic democratic practice, inclusive of the separation of powers among the judiciary, the executive and the legislative elements that is a sine qua non for the existence of even a very basic democracy.  I hate to quote one of the more reprehensible of recent world leaders, but Dubya Bush’s term the “Axis of Evil” suggests itself as an apt one with which to describe the fulcrum around which events in The Miracle of Asia are now beginning to revolve.

Are we a civilised country anymore?

Sunday 18 November 2012
This editorial is not meant to be a discourse on civilisation but we hope it would serve as an eye opener to the public, whose indifference is fuelling a cycle of brutalisation of our very society. We have been indifferent to the plight of the ‘other;’ we looked the other way when our neighbours were abducted in white vans. We tend to justify it in the name of national security, when 300,000 Tamils were herded to the Menik farm and are now being let to languish in temporary huts for nearly three years. We have brought the value of the human life and human dignity to an abysmal low. 
That may be why, we, the Sri Lankans, were quick to erase the memory of the bloody mayhem in the Welikada prison, which took place last week, even  before mourning relatives buried the slain inmates. No one in the corridors of power or the so called independent institutions mandated to protect the fundamental rights of citizens seem to question the controversial circumstances under which 27 inmates were killed. Prison officials and an increasingly incongruous Police spokesman presented their version of the event, which raise more questions than giving answers. However, the nation, at large, and the media, in particular, swallowed it hook, line  and  sinker. 
Subsequent revelations by both prison guards and inmates paint an extremely disturbing picture of  summary executions of inmates, who had been taken out of their cells and shot dead by authorities, after the military took the control of the prison. However, such exposures appear to have no bearing on those in the corridors of powers, whose indifference, and to a certain extent, complicity, in the deterioration of fundamental rights of the citizens of this country is alarming shocking and unbecoming of any functioning democracy. 
Even the country’s national Human Rights Commission, which had its international accreditation downgraded for its politicised appointments, postponed an official inquiry into the incident pending the conclusion of two inquiries initiated by the CID and the Minister of Prison Reforms. The fact of the matter is that it is the law enforcement agencies themselves that have been accused of summary killings of prisoners, which questions the credibility of the two investigations to be conducted by the same authorities. It is in this context that the conduct of the national Human Rights Commission is belittling of the very principles enshrined in its Charter.
It is equally disturbing that some quarters among an increasingly apathetic public tend to believe that the prison inmates, some of whom are hardcore criminals themselves, got their own medicine. It is simply shocking that extra judicial and arbitrary killings are perceived as a necessary evil by some sections of our society. 
That may however be a yet another pointer to the shallowness of our times and the increasing brutalisation of our society.
A nation which fails to follow the due process of the law in its dealings with its citizens – irrespective whoever they are – would leave its citizens at the mercy of the powers that be.
Sri Lankans have experienced this predicament in recent years and seem to have decided to live with it, rather than challenging the status quo. Those attributes of our society open up some pertinent questions: Are we a civilised country anymore?
Are we a nation, which is governed by the rule of law, or are we a nation whose rules are bent at the whims of the powers that be? 
Is every citizen of our society entitled to due treatment of the legal process or do we tend to think some people are more equal than others?
Do we as a nation believe authorities should have the liberty to put away some lives, that are inconsequential or a public nuisance? If it is not the case, how do we explain the controversial circumstances under which 27 detainees were killed?
There is one last question for the media: Are we a bunch of ‘kept’ reporters? If we are not, would one of us please justify our increasing penchant to feed on official press releases of the state apparatus and to present that as the universal truth.

An Arrogant Sri Lanka  Has Been Let  Off  The Hook Despite drawing Heavy  Fire In Geneva For Lack of Progress On LLRC

Veluppillai Thangavelu 

The Greek philosopher and physician Sextus Empiricus (c. 160-210 AD) wrote 'The mills of the gods grind slowly, but they grind small' meaning at some point a sinner will be punished and that it takes time in coming. If Empiricus is alive today he would have re-phrased his saying as 'The mills of UNO grind slowly, but they grind small.'

The Thamil Diaspora and human rights activists who awaited the Universal Periodic Review (UPR) sessions at the UN Human Rights Council (UNHRC) held on November 01, 2012 with hope and interest would have been disappointed that Sri Lanka has been let off the hook one more time thanks to the last minute volte face by the Indian delegation! US, France and Switzerland lost no time to express their displeasure at India's summersault! Sri Lankan Minister Mahinda Samarasinghe was able to paint a lily white Sri Lanka that is already implementing 110 out of 210 recommendations made by the Lessons Learnt and Reconciliation Commission (LLRC) almost 18 months ago. Ironically the sessions coincided with Mahinda Rajapaksa government presenting an impeachment motion against Chief Justice Dr. Shirani Bandaranayake on the very day the UNHRC was reviewing Sri Lanka's progress on human rights.

Add to the impeachment motion there were talks at the highest level of corridors of power to abolish the 13th Amendment to the Constitution in clear violation of the commitments undertaken by the Sri Lankan government at the last UPR in 2008. The call for the abolition of the 13th Amendment came from Defence Secretary Gotabhaya Rajapaksa who is notorious for his anti-Thamil crusade and his ‘war crusade’ during the last stages of the war. Though in name he is a public servant, he in fact is the de facto Defence Minister. Gotabhaya Rajapaksa's call has been a fall from manna to the die-hard Sinhalese - Buddhist racist elements within the government.

The Jathika Hela Urumaya (JHU) led by Minister Champika Ranawaka and the Nation Freedom Front (NFF) led by Minister Wimal Weerawansa have begun a vigorous strong campaign against the 13th Amendment with the blessing of the Mahanayaka Theros of Malwatta and Asgiriya Chapters.

Gotabhaya Rajapaksa told BBC recently that ‘North is not just for Tamils’ and the ‘TNA should be accountable for LTTE atrocities’. He also said that TNA is asking the same demands that LTTE earlier espoused. Gotabhaya Rajapaksa may be somewhat right when he says North is not just for Tamils, because there are Muslims and Sinhalese living there. But, this cannot nullify the claim by the Thamil people that North as well as East is their ‘historical habitation’ or even ‘homeland.’ The Indo Sri Lanka Accord signed by Prime Minister Rajiv Gandhi of India and President J.R. Jayewardene of Sri Lanka, on the 29th of July 1987, acknowledged that the Northern and Eastern Province 'have been areas of historical habitation' of the Tamils in the island of Sri Lanka. (Preamble to Indo Sri Lanka Accord, July 1987)

What is deplorable is the way he says it, his ranting and fuming, his facial expression and the context. He is undoubtedly emotional and frenzied and that is an indication of prejudice and perhaps something worse than that. He was also the key person who didn’t want the national anthem to be sung in Thamil by the school children in the North!

Among the recommendations of the LLRC one was on the issue of the 13th Amendment. The LLRC recommended that “devising an appropriate system of devolution that addresses the needs of the people.” It did not refer to the 13th Amendment, but it wanted an appropriate system of devolution that address the needs of the people. One can infer that the LLRC wanted the government to go beyond the 13th Amendment. Therefore, it would be a Himalayan blunder if the government goes ahead with the abolition of the 13th Amendment, if not immediately but in course of time.

It may be recalled Mahinda Rajapaksa during and after the war was harping on Devolution and the 13th Amendment as the solution for the festering ethnic divide.

Unsurprisingly, Minister Mahinda Samarasinghe Minister of Plantation Industries and Special Envoy of the President on Human Rights waxed eloquent about the enormous strides the Sri Lankan government has taken to implement the LLRC proposals. He had a bad brief, yet he ventured to put up a brave face despite his government's dismal record on human rights, rule of law and erosion of democracy. He was engaged in damage control efforts and defending his government come rain or sun. In point of fact he was defending a corrupt dictatorship and lying through his teeth through out his speech. For instance he listed an itinerary of subjects contained in the LLRC Action Plan that the government propose to implement not already implemented. The implemented areas so far are as follows:

Devising a centralized database of missing persons;
Implementing the Registration of Deaths Act (2010); 
Creating a centralized database of detainees and make access available to next of kin; 
Screening detainees to identify those with special needs; 
Examination of cases of young ex-combatants, release and reunification with families; 
Establish a task force to develop and implement a child tracing programme; 
Ensure freedom of movement for media including in the North and East; 
Remove restrictions on visiting places of worship; 
Allow visitors from overseas to visit recently resettled areas; and
Free movement of persons on Kandy-Jaffna A9 Highway.

Despite the tall claim by the Minister a register of missing persons is still not available to the public. A centralized database of detainees and make access available to next of kin is still not available. This was a promise the government made one year ago to the TNA leaders. The released ex-LTTE cadres after rehabilitation are in many cases made to fend for themselves. They are under close watch by the army and kept in leash. Recent reports suggest that released LTTE cadres have been re-arrested and reported missing after arrest. A task force to develop and implement a child tracing programme is to be appointed in the future. Media persons still faces threat and cohesion to toe the line. The latest causality is Fredrica Janz, editor of Sunday Leader fired for exposing and criticising the government. Recently, she had a slanging match with the all powerful Gotabhaya Rajapaksa who scolded the poor editor in raw filth. Latest reports say she has fled the country like many of her colleagues earlier. Defence Secretary says quite frankly that "He only ‘threatened to sue her’ and ‘not to kill her’ to mean The Sunday Leader Editor, Frederica Jansz.

Fortunately, there were few takers for Minister Mahinda Samarasinghe's harangue. The UN Ambassador dryly claimed what Samarasinghe has said is old stuff. The US, author of the Resolution on Sri Lanka at the 19th session of the UNHRC in March this year, made a firm statement at Sri Lanka’s UPR. US Ambassador Eileen Chamberlain Donahoe while commending certain steps taken by the government expressed serious concerns over the continued violation of human rights taking place in Sri Lanka. Donahoe also referred to the move to impeach the Chief Justice and said, “Especially in light of today’s news of the efforts to impeach the Chief Justice, strengthen judicial independence by ending government interference with the judicial process, protecting members of the judiciary from attacks, and restoring a fair, independent, and transparent mechanism to oversee judicial appointments”.

US State Department Spokesperson Victoria Nuland has said that the US also noted with concern recent threats to Sri Lankan judicial officials, including the assault last month on a judge who had publicly criticized government pressure on members of the judiciary. “We urge the Government of Sri Lanka to avoid any action that would impede the efficacy and independence of Sri Lanka’s judiciary. The United States along with our partners in the international community continues to urge Sri Lanka to address outstanding issues of the Rule of Law, democratic governance, accountability and reconciliation,” Nuland said.

The statements made by Donahoe and Nuland last week were warning signs to the Rajapaksa government that the focus of the international community was once again on Sri Lanka. The US that which remained somewhat subdued in relation to Sri Lanka since last March made a firm statement during Sri Lanka’s UPR. Donahoe’s statement: “We note steps taken by the government of Sri Lanka to resettle IDPs, foster economic growth, improve infrastructure, and develop a National Action Plan for implementing a number of recommendations of the Lessons Learnt and Reconciliation Commission (LLRC)”.

However, the US stated that it remained concerned by the consolidation of executive power, including the passage of the 18th Amendment, and that no agreement has been reached on political devolution.

“Former conflict zones remain militarized, and the military continues to encroach upon daily civilian and economic affairs. The Ministry of Defence has controlled the NGO Secretariat since 2010,” Donahoe noted. However, the most serious comment by the US was to say that serious human rights violations continue, including disappearances, torture, extra-judicial killings, and threats to freedom of expression.

“Opposition figures have been harassed, detained, and prosecuted. There have been no credible investigations or prosecutions for attacks on journalists and media outlets. In the past 30 days, a judge who questioned executive interference in the judiciary was severely beaten in broad daylight by multiple assailants and derogatory posters appeared in Colombo threatening the director of an NGO challenging a government bill that would weaken provincial councils. No arrests have been made,” Donahoe stated.

The US made several recommendations that include the implementation of the constructive recommendations of the LLRC, including the removal of the military from civilian functions; creation of mechanisms to address cases of the missing and detained; issuance of death certificates; land reform; devolution of power; and disarming paramilitaries. The US also observed: “Transfer NGO oversight to a civilian institution and protect freedom of expression and space for civil society to operate, by inter alia investigating and prosecuting attacks on media personnel and human rights defenders. End impunity for human rights violations and fulfill legal obligations regarding accountability by initiating independent and transparent investigations, which meet international best practices, into alleged violations of international law and hold those found culpable to account”.

The US publicly warned Sri Lanka that if it did not satisfy its promises, the next Geneva session will be a difficult meeting to Sri Lanka. The US also warned that Sri Lankan government is engaged in anti-democratic actions without fulfill the promises given to the International countries.

India accused of watering down the US resolution in March came hard on Sri Lanka to the surprise of the diplomatic community. Ruffled by the move to abolish the 13th amendment, India the architect of that piece of legislation in its brief statement after commending the government’s resettlement and related efforts dedicated more of its statement to the concerns it had over Sri Lanka. New Delhi has once again firmly stated its stance on the 13th Amendment to the Constitution. India called on Sri Lanka to honour its commitment made to the international community at the last UPR in 2008 where it was said that the 13th Amendment would be implemented and built upon to create a meaningful devolution package.

“We recall the commitments made by Sri Lanka to the international community during the UPR 2008 and on subsequent occasions for the implementation of the 13th Amendment and building on it so as to build a meaningful devolution package. We urge expeditious action to take forward the political process for an early political solution,” the Indian statement said. India also noted, “We have noted the announcement by the Sri Lankan government on holding Provincial Council elections to the Northern Province in 2013. We urge that the people of the Province should be able to exercise their democratic rights as guaranteed to them by the Sri Lankan Constitution as early as feasible.

“We look forward to the effective and timely implementation of the constructive recommendations contained in the LLRC report. These include those pertaining to early progress towards reconciliation, promotion of a trilingual policy, reduction of high security zones, return of private land by the military and phasing out of the involvement of the security forces in civilian activities in the Northern Province. We have noted the Action Plan proposed by the Sri Lankan government for time bound implementation of these recommendations. We believe that early and visible progress in this regard will foster genuine reconciliation. We call for credible investigations to be conducted in respect of allegations of Human Rights violations and incidents involving loss of civilian life brought out in the LLRC report.”

Responding to the delay in holding elections in the Northern Province, Minister Mahinda Samarasinghe assured the Indian delegation that the Northern Provincial Council elections will be held on time. Samarasinghe further stated that 32 out of the 34 local government bodies have already been elected in the Province. Interestingly, Samarasinghe refrained from elaborating on the Rajapaksa government’s stance on the 13th Amendment or how it planned to move ahead with the implementation.

Canada home to over 300,000 Thamils of Ceylonese origin asked Minister Mahinda Samarasinghe to inform the UPR the status of this process, responsible institutions, progress to-date, and benchmarks for completion of these investigations. Canada made several recommendations that Sri Lanka:

(1) Repeal Sections 9 (1) and 15 (A) (1) of the Prevention of Terrorism Act to ensure that detainees are held only in recognized places of detention, with regularized procedures and safeguards to protect detainees including access to legal representation and systematic notification to families of detainee whereabouts. 2. Create a mechanism to ensure that all internally displaced persons, including 66,151 “Old IDPS” and further 103,274 living with host communities, receive a written statement detailing their entitlements and plans for return to their original homes. 3. Expedite implementation of reconciliation measures in the North. This would include removing oversight of humanitarian and NGO activities from the purview of Ministry of Defence to a civilian body, reducing the intrusiveness of military presence on civilian life in the North and setting a specific date for free and fair Northern Provincial Council elections.

Canada also expressed serious concerns with respect to Sri Lanka’s human rights situation. Reports of intimidation of journalists and others critical of government policy are particularly troubling. The government must guarantee freedom of expression of its citizens. More than three years after the end of the war, many of the underlying causes have not been adequately addressed. There is little evidence of progress towards establishment of political reconciliation involving devolution of power, as per the 13th Constitutional Amendment.

However, the harshest criticism against Sri Lanka came from the permanent mission for Great Britain and Northern Ireland in Geneva. The British mission accused the government of attacks and intimidation of journalists, human rights defenders and legal professionals. The reference to alleged attacks and intimidation of legal professionals was made in the wake of the SLFP-led UPFA government moving to impeach Chief Justice Dr. Shirani Bandaranayake over alleged misconduct and malpractices on her part. The British mission warned Sri Lanka against legal or political immunity for those responsible for attacks as it would then have to face the consequences. The government was also strongly advised not to target those cooperating with UN mechanisms.

Indicating that it was not satisfied with the progress in the ongoing investigations into accountability issues, the UK demanded a thorough investigation into what it called grave breaches of international humanitarian law during the armed conflict. In other words investigation into genocide.

UK also demanded a safe environment for people to express their views and beliefs without being targeted, while urging the government to invite Special Rapporteur on freedom of opinion and expression. Sri Lanka was told that as in any democracy open and honest debate and respect for the rule of law would be crucial to overcoming major challenges.

All in all Sri Lanka came under heavy fire from the international community though it had also its backers like Russia, China and Cuba. It looks though the world is still divided like during the cold war era.

The talk about abolishing the 13th Amendment may be a red herring to divert the attention of the international community from core issues like the LLRC. So also the impeachment motion against Chief Justice Shirani Bandaranayake. Sri Lanka's government has accused the country's chief justice of unexplained wealth, misuse of power and had "plunged the Supreme Court and the office of chief justice into disrepute."

The Sri Lankan government remains arrogant and has not displayed the political will or commitment to bring about genuine reconciliation between communities. Drunk with absolute the government is doing everything in its power to move on the opposite direction sliding towards a dictatorship under the cloak of democracy.

The Thamil Diaspora should keep up the pressure. Bishop of Mannar Rayappu Joseph added his voice via Skype on behalf of the Thamil people. He stated that the 13th Amendment is “fundamentally flawed” and has called for the recognition of the Tamil people as a nation as crucial to bringing about peace on the island. Speaking further he said "Our solution does not lie in the 13th Amendment but on the Tamil nationhood to be recognised. We are not a minority. From the beginning of history there have been two nations, that must be recognised.” The Bishop then went on to state that the 13th Amendment was “fundamentally flawed” and called for the Tamil people to have the “right to rule”. The next UN Human Rights Council Session 2013 Monday 25 February to Friday 22 March 2013 in Palais des Nations, Genève, Switzerland. The international community must stop barking and really bite Sri Lanka by imposing sanctions against Sri Lanka, if it continues to dilly dally and take refuge under subterfuges from implementing the recommendations of the LLRC fully and in good faith. The mills of UNO have grinded slowly far too long.

Open letter to UNP & TNA: Demand details of war casualties during 2008 August to 2009 May from UNSG

FRIDAY, NOVEMBER 16, 2012

Killed in Vanni 2009 ( screen shot -Aljazeera)

To Leaders of the UNP and the TNA
Ranil Wickramasinghe, MP (Leader of the Opposition),/ R. Sampanthan, MP

As you by now are aware, the "Report of the Secretary-General’s Internal Review Panel on United Nations Action in Sri Lanka" date lined November 2012 and released on 14 November, 2012, now accepts the UN has failed in its duty and responsibility, to provide humanitarian access for the UN staff to the people trapped within the conflict zone in the Vanni, the physical delivery of assistance into the conflict zone, and the freedom of movement for populations to reach assistance, all fundamental to the protection of life.

The UN Colombo office, the prime centre in deciding, organising and executing all such humanitarian work, had also failed, or consciously decided against providing all necessary details, information and numbers they had with them on war casualties during the last phase of the war they note as from August 2008 to May 2009, to other UN Agencies, to UNSG and to the public.

The internal review report says, "The UN believed there were up to 350,000 civilians, but in its internal and public statements made references which oscillated between 150,000 and 350,000, and used an assistance-planning figure of 200,000." [2. Humanitarian access and obstructions to humanitarian assistance / No.46 - page 18 ] This leaves a massive deficit of 150,000 human lives unaccounted for. It comes almost close to the 146,679 people missing and unaccounted for, as submitted by Rt. Rev Mannar Bishop, Dr. Rayappu Joseph to the LLRC. In around 2011 May,

Gordon Weiss in his book "The Cage" also made a very ambiguous explanation as to why he is not able to use information he is privy to, as the UN Colombo office decided they would not make them public. He argued it is not proper for him to do so.

Now, it is clear it was not proper for the UN Colombo mission to have kept all the information and numbers they had gathered, under cover. The UN Internal Review now finds fault for all such lapses, giving us the right to now demand all details, information and numbers that were then available with the UN, during the last phase of the war, till May 2009. 

I therefore wish to invite you as leaders of the only two political parties represented in parliament that had no direct stake in this regime's war, to make an official request from the UN Secretary General to publish numbers on human casualties due to war during the period August 2008 to May 2009, with all relevant details available with the UN Colombo mission and other UN agencies, with no further delay. 

Wish you would accept this request in the name of humanity and decency.

Singed 

Kusal Perera 

TNA wants nine provinces replaced with three or four zones

… warns repealing of 13A could endanger country’s future

By Saman Indrajith

The government should do away with the existing provinces and introduce a system of devolution and administration consisting of three or four zones so that the expenditure to maintain nine provincial councils could be reduced, TNA Leader R. Sampanthan, MP said in Parliament yesterday.

He warned that any attempt to repeal the 13th Amendment could cause grave harm and irreparable damage to the country’s future.

Taking part in the fifth-day of the second reading stage of the budget debate, TNA Leader Sampanthan said any attempt to modify or nullify the 13th Amendment or to make it ineffective and worthless, would be counterproductive. "The 13th Amendment is the only provision that recognizes the diversity of the country to a certain extent."

The TNA leader said that the President had mentioned national reconciliation in his budget speech.

He demanded to know what had been meant by those words. He said: "People undergo hardships and are unable to repay loans. How could they think of reconciliation when they are over burdened with economic difficulties? Hundreds of thousands of people were displaced due to war. No allocation has been made for them in these budget proposals. Is this the way towards reconciliation?"