Friday, November 23, 2012

Attempt to forcibly acquire lands of Tamil people

Friday, 23 November 2012

About 30 families in the Raththinapuram are to be registered as persons without lands, the villagers complain. They claim that it is an attempt to acquire the lands they have been occupying for many years.

A mobile service had recently been held to register the lands in the Raththanipuram area and applications had been distributed to distribute registration certificates. However, a tensed situation had arisen in the area when the authorities had tried to register 30 families that had not been given applications as persons without land.

Therefore, an attempt had been made to register these families in Raththinapuram with land as persons without any land. The people have alleged that it was an attempt by the government to acquire lands since the people have been unable to register their lands for various reasons.

The villagers claim that various tactics are being used to acquire their lands and that the governing party and state authorities are trying to acquire their lands.

Exclusive: Investigate Your Journalists! – Opposition Leader Ranil Wickremesinghe To BBC’s Lord Chris Patten

By Colombo Telegraph -November 23, 2012

Talking exclusively to Colombo Telegraph Opposition and UNP Leader Ranil Wickremesinghe said that he is writing to Lord Christopher Patten, Chairman of the BBC Trust regarding the misconduct of its journalists.

Ranil Wickremesinghe

Two of its journalists, BBC World Service producerChandana Keerthi Bandara and the Colombo Reporter Elmo Fernando, applied Rs. 1,200,000/-each by way of interest free loans from the state banks to purchase cars or vans, where the interest will be paid by the Treasury using tax payer money. This is part of a Government scheme but the move has been criticised by media rights organisations and the opposition as an attempt to purchase loyalty.

“The BBC must investigate its journalists for this and it is clearly a violation of its principles, I ‘m writing this to Lord Christopher Patten and also table the letter in Parliament,” the leader of the opposition said.

The Opposition and UNP Leader Ranil Wickremesinghe said yesterday that some media personnel who had received laptops and obtained vehicle loans, had defamed him in their publications the very next day.

“Last Sunday BBC Sinhala Service Colombo Reporter filed a distorted report on the Opposition Leader’s press conference and attacked him” a senior opposition legislator told Colombo Telegraph, asking for anonymity because he didn’t want to be targeted by the ‘laptop andinterest free loan’ media. The BBC didn’t report what the leader said in full and just criticised him for not answering BBC questions. The BBC even failed to report what the questions were.

Listen to BBC Sinhala reporting on Ranil Wickremesinghe here at minutes 7.37 – 11.20.

Addressing new IT recruits at Sirikotha, Wickremesinghe said that the gifting of laptops andinterest free loan to journalists and cartoonists, which coincided with the budget was no mere coincidence. It had been calculated to prevent the media from highlighting the burdens placed by the budget on the poor suffering masses.

Challenges clearly remain in SL-UK

FRIDAY, 23 NOVEMBER 2012

Britain said that challenges clearly remain in Sri Lanka, including the promotion of long term reconciliation between people whose memories of a violent conflict are in many cases still fresh.

British Deputy High Commissioner, Robbie Bulloch after a visit to Trincomalee and Mullaitivu said, “We also learned more about the brutality of the LTTE, which used child soldiers and committed terrorist atrocities. Challenges clearly remain, including the promotion of long term reconciliation between people whose memories of a violent conflict are in many cases still fresh.”

In the course of the visit the Deputy High Commissioner visited the China Bay naval base, former LTTE bases and the areas where the final stages of the war took place. He saw at first hand the devastation caused by the conflict, including through meeting displaced people and war affected Tamil, Muslim and Sinhalese communities.

“I was pleased to make my first official visits to Trincomalee and Mullaitivu, two regions deeply affected by the war. We saw some good work being carried out to help resettle former internally displaced communities and restore their livelihoods, as well as important infrastructure development,” the British High Commission I Colombo said quoting Mr. Bulloch.

“The UK will continue to support Sri Lanka in building a sustainable peace in all parts of the country.”

The visit also included meetings with the Chief Minister of the Eastern Provincial Council, Hon. Najeeb Abdul Majeed; Eastern Provincial Council members; the Assistant Government Agent of Mullaitivu, C.A.Mohanras; members of the Tamil National Alliance and Sri Lanka Muslim Congress; Deputy Area Commander Eastern Naval Area, Commodore KKVPH De Silva; Major General K.J. Wijethilaka of Mullaitivu.

Let Us Never Hesitate to Recognize and Salute Israel's Best

"I refuse to take part in the war crimes committed by my country. Violence will not bring any kind of solution, and I shall not commit violence, come what may." - Omer Goldman, age 19, Tel Aviv

Omer Goldman of the Israeli CO group Shministim
First Prison Sentence: 22nd Sept. - 10th Oct. 2008 (18 days)
Second Prison Sentence: 12th - 24th Oct. 2008 (10 days)

(SACRAMENTO, CA) - Omer Goldman Granot is the daughter of Naftali Granot, the former deputy to Mossad’s chief Meir Dagan. She never fails to disappoint the apartheid war machine, nor does she fail to gain our most serious respect.

You see Omer, who grew up in the Tel-Aviv suburb of Ramat HaSharon, is a young Israeli conscientious objector and member of the Shministim.

In the group's own words...

Shministim

It seems important to retell her story as Israel wraps up its latest, savage attack on Gaza, which alone proves Israel's lack of legitimacy and fairness as a world government.

Omer is one of so many Israelis that you never hear about, except maybe here and a few other news outlets in the Arab world that shoot straight and true, unlike the majority of their Israeli counterparts, with the exception of Ha'aretz.

Goldman is one of those human beings who simply has the insight and intelligence to identify the negative aspects of her nation's demand upon her. Perhaps it was her position as the daughter of a heavy operator like Granot that led to her courage and stand.

Read Full Article

Deconstructing Development

By Sumanasiri Liyanage -November 22, 2012

Sumanasiri Liyanage

The welfare of the people in particular has always been the alibi of tyrants. ~Albert Camus

The Minister for Economic Development in presenting Divineguma Bill to the Parliament tried to portray the government’s effort to economic development as a ‘second war’, the first was the one waged against ‘terrorism’ i.e. the LTTE insurgency. The phrase ‘the war for development’ or ‘the developmental war’ sounds paradoxical. ‘Development’ is generally depicted as something ‘good’ while ‘war’ is portrayed as something essentially bad. Immanuel Wallerstein once remarked: “There is perhaps no social objective that can find as nearly unanimous acceptance today as that of economic development. I doubt that there has been a single government anywhere in the last 30 years that has not asserted it was pursuing this objective, at least for its own country. Everywhere in the world today, what divides left and right, however defined, is not whether or not to develop, but which policies are presumed to offer most hope that this objective will be achieved. We are told that socialism is the road to development. We are told that laissez-faire is the road to development. We are told that a break with tradition is the road to development. We are told that a revitalized tradition is the road to development. We are told that industrialization is the road to development. We are told that increased agricultural productivity is the road to development. We are told that delinking is the road to development. We are told that an increased opening to the world market (export-oriented growth) is the road to development. Above all, we are told that development is possible, if only we do the right thing” (Capitalism and Development edited by Leslie Sklair, London: Routledge). On the other hand, according to A J P Taylor, “wars are much like road accidents’ so ‘they have a general and particular cause at the same time’. Hence, like road accidents, these conflagrations have resulted in tens of millions of deaths and destruction of wealth. In case of Sri Lanka, the first war killed around 100,000 people and made a similar number injured. I am sure the Minister may not have implied that the second war, the so-called war of development, would produce the same outcome even with different trajectories. Hence, in what sense, did he portray the current development effort as a ‘second war’? Do adding one positive and one negative generate something positive? How do we resolve this conundrum? How do we reveal the phrase’s inapproriable difference or repressed other as that which may yet to come to transform whatever we inherit from the conventional discourse? This article proposes to look at the notion of development from a different perspective through deconstructing the very notion of development.

Friday, 23 November 2012

People in Mullaitivu and Pudukuduirippu were recently gripped by terror by the noise of aircraft that once dropped bombs on their lands. Sri Lanka Air Force Kfirs have flown in the skies in the Mullaitivu and Pudukuduirippu areas on the 19th.

The villagers were terrified since during the period of the war Kfirs used to fly low when they carried out air raids, which killed many of their loved ones.

Sicne the end of the war, Kafirs had first flown in the area on the 10th and on the 13th, which was Deepavali.

Then the Kfirs had flown again on the 19th. The aircrafts had flown in the skies in the areas of Mullaitivu, Pudukuduirippu, Kepapilaw and Anandapuram.

Teachers and students in schools in the area had run looking for shelter thinking there was going to be an air raid at the time.

A civilian from Mullaitivu said, “We were terrified. It reminded us of the air raids during the period of the war. We ran looking for safe grounds at the time. We were afraid for our children. We have experienced the fear of death. Why are we still being terrified?”

Security forces had later said it was training routine, but the villagers have said they were not issued any prior notice of it.

Thinking of visiting Sri Lanka?Think again.

What you see...

Sri Lanka is a stunning island with beautiful sights, amazing landscapes, incredible wildlife, wonderful food and friendly people. It is not surprising that each year nearly a million people from all over the globe visit to experience the hospitality and sights on offer. Sadly, however, visitors to Sri Lanka are in real danger of inadvertently supporting alleged perpetrators of war crimes and human rights abuses, both financially and politically.

...and what you don't

Many Sri Lankans live in fear. Sri Lanka is ranked as the second worst country for involuntary disappearances and the 4th most dangerous country for journalists in the world. There is strong evidence of widespreadtorture and murder, discrimination and land-rights abuses, with those in power above the law. While many people have reportedly been illegally detained, tortured or disappeared, to date very few perpetrators have been arrested or charged.

These abuses, and the culture of impunity that permits them, are a result of the lack of accountability for what happened at the end of Sri Lanka's long and bloody civil conflict. During the final stages of the war in 2009 an estimated 40,000 civilians were killed. There is credible evidence thatGovernment forces deliberately shelled hospitals and designated no-fire zones, while the LTTE used civilians as human shields. Many of those alleged to be responsible remain in power. Oppression of minorities has continued and those who dare to speak out face persecution.

Travellers' dilemma

Tourism can bring positive benefits to a country, and we are not suggesting that these be denied to a population already suffering under an oppressive regime. Often the challenge is making sure your holiday spending really does go to help local communities - in Sri Lanka there is the additional problem that it may profit known or alleged human rights abusers. The most important thing is to make an informed choice.

Ethical alternatives

If you intend to go on holiday to Sri Lanka and would like to support the ordinary people and legitimate businesses of that country, then there are ways of trying to ensure your money contributes to local communities. There are many family run hotels and local businesses that can provide you with a wonderfully authentic experience, and in many places there are also community projects, such as turtle watching, that provide fair employment to local people.

What else you can do

The most important thing you can do is raise awareness of the issue. Please tell your friends and anyone else who is thinking of visiting this beautiful island about the human rights abuses faced by the people of Sri Lanka. If you use social media you can spread the word via Facebook andTwitter.

You can take action and support our media freedom campaign by writing to your MP or representative today. If you are able to make a donation or join us then we can do more together to bring a lasting peace to Sri Lanka. Thank you.

PSC Rejects The Request Of The SC, Vote Was Taken, Chief Justice Refused To Go Without Lawyers

By Colombo Telegraph -November 23, 2012

Yesterdays Court decision of the Supreme Court was considered today and the discussion was on whether they should wait pending the Supreme Court ruling. A lawyer who is closely following the proceedings told Colombo Telegraph “it appears that the 4 Opposition Members have done great work to hold the proceedings but failed due to the majority. Vote was taken and divided on party lines 7-4.”

CJ arrives in parliament

Chief Justice was asked to come to the Committee Room, where the proceedings are held, without the lawyers but she has refused to go in without her lawyers. Then the lawyers were permitted. Her lawyer President’s Counsel Romesh de Silva recorded that CJ participates at PSC reserving the right to challenge the jurisdiction of the PSC. After nearly three hours of closed-door talks, the PSC scheduled the next hearing for December 4. Six weeks time was sought to reply but time was granted only till 30th , only one week.

According to a informed source CJ was asked to take an oath but she has only taken a limited oath that if she gives evidence it will be true. Committee tries to get the Lawyers to give an undertaking that proceedings will not be discussed elsewhere but Romesh de Silva has only given an undertaking to abide by the Standing Orders.

Meanwhile issuing a press statement Asian Human Rights Commission says; PSC should again reconsider the issue and after sober reflection on the most courteous request made by the Supreme Court should respond to the request with equal courtesy and respect. In doing so they will not to create an impression of impropriety and ugliness which will have a disturbing affect of the minds of the people.

We below publish the AHRC statement in full;

SRI LANKA: PSC rejects the request of the Supreme Court and continues with the impeach proceedings

Yesterday the Supreme Court in a carefully worded order made a request of the Parliamentary Select Committee (PSC) inquiring into the impeachment not to proceed with their inquiry until the Supreme Court made a determination on the reference made to it by the Court of Appeal. The Supreme Court referred to the good relations that should exist between the two branches of the government and stated:

…..this Court whilst reiterating that there has to be mutual respect and understanding founded upon the rule of law between Parliament and the Judiciary for the smooth functioning of both the institutions, wishes to recommend to the members of the Select Committee of Parliament that it is prudent to defer the inquiry to be held against the Hon. the Chief Justice until this Court makes its determination on the question of law referred to by the Court of Appeal. The desirability and paramount importance of acceding to the suggestions made by this Court would be based on mutual respect and trust and as something essential for the safe guarding of the rule of law and the interest of all persons concerned and ensuring that justice is not only done but is manifestly and undoubtedly seen to be done.

The Constitution has entrusted the Supreme Court with the power to inquire into the constitutionality of laws and all actions of the government. That power of the Supreme Court is based on the paramount principle of the need to inquire into the legality of government actions. It is the duty of a government to act within the framework of law. It is the duty of the Supreme Court to inquire into and determine the legality of matters that are brought before it. The foundation of legitimate governance is the respect of each branch of the government to respect the functions of the other branches of the government. Where this mutual understanding and respect is lost what results is a state of chaos.

The law is the foundation of the state. Where the law is not respected by any branch of the government the resulting situation can be extremely disastrous to the whole of society and the very structure of the government could be shaken and shattered when that happens.

The issue is a very simple one of merely a few weeks delay until the Supreme Court has adequate time to make a determination on a matter of paramount importance to the nation. The PSC, if it wishes to expedite things could do so by cooperating with the Supreme Court expeditiously by filing its written submissions in reply to the papers filed by the applicants who resorted to the Court of Appeal for resolution of the dispute. There is nothing that the PSC could legitimately gain by proceeding while the Supreme Court is inquiring into the very legality of the Standing Orders under which the PSC is expected to function.

It is also an affront to law for the Chief Justice of the country to be not provided with adequate time for filing of the answers to the charges that have been made against her. Even a criminal that goes before court for a trial is entitled to adequate time for preparation of the defence. The Article 14 of the International Covenant on Civil and Political Rights provides this right for adequate time for preparation of a defence.

What is taking place before the PSC is a constitutional function of the highest importance. In all countries which are founded on the rule of law the impeachment of a judge is made under stringent conditions and this is a safeguard for the independence of the judiciary. When an inquiry of that nature takes place there is a legitimate expectation not only by the affected person but by the entire nation that the affair is conducted with appropriate dignity, decorum and seriousness. The impression of indecent hurry will create doubt on the very process.

Therefore the PSC should again reconsider the issue and after sober reflection on the most courteous request made by the Supreme Court should respond to the request with equal courtesy and respect. In doing so they will not to create an impression of impropriety and ugliness which will have a disturbing affect of the minds of the people.

In-Depth: Top 10 neglected refugee crises

ReliefWeb Published on 21 Nov 2012

Malian refugees play football in Mentao refugee camp

JOHANNESBURG, 21 November 2012 (IRIN) - Refugee crises appear to come and go. In 2011, all eyes were on the Dadaab refugee complex in northern Kenya as it received hundreds of thousands of Somalis fleeing famine and conflict. This year, attention has shifted to the refugee exodus from Syria, even though the majority of Somalis who arrived at Dadaab last year are still there.

In fact, most refugee and displacement crises continue long after public attention and donor interest wane, and others never make it into the spotlight. This often leaves the UN Refugee Agency (UNHCR) and aid organizations with the difficult task of assisting large populations of refugees, forced migrants and internally displaced people (IDPs) without sufficient funding, political will or support from the international community.

Below, IRIN takes a look at some of the most neglected refugee and displacement crises around the world.

Sudanese refugees in Chad: Nearly a decade of conflict in Sudan's western Darfur region displaced some 1.8 million Sudanese. Of these, more than 264,000 fled into neighbouring Chad, where they continue to live in 12 camps along the country’s eastern border with Sudan. Chad is one of the world's poorest countries and, according to UNHCR, the working environment is “extremely challenging” due to the region’s lack of infrastructure and natural resources. Women in the camps report they sometimes have to walk all day to find firewood, and lack of access to arable land has made the refugees almost entirely dependent on humanitarian assistance to meet their basic needs. Several peace accords between the rebels in Darfur and the Sudanese government have failed to calm the region’s volatility, leaving the refugees reluctant to return home. Meanwhile, humanitarian workers say the long-running nature of the crisis has led to donor fatigue.
Eritrean refugees in eastern Sudan: Eritreans have been crossing into eastern Sudan since their country started to agitate for independence from Ethiopia in the 1960s and, more recently, to escape Eritrea’s policy of indefinite military conscription. Currently, about 66,000 Eritreans are living in refugee camps in Gedaref, Kassala and Red Sea states, which are among the poorest parts of Sudan, and a further 1,600 cross the border every month. Many of the newer arrivals view Sudan as a transit country, continuing north with the goal of reaching Europe or Israel. This has made them a target for abuse by smugglers and human traffickers. Those who remain in Sudan cannot legally own land or property and struggle to find jobs in the formal sector. In 2002, refugee status was revoked for those who had fled the independence war and subsequent conflict between Ethiopia and Eritrea, but repatriation was halted in 2004 after widespread international criticism of Eritrea's human rights record. FULL STORY>>>

Massive protests tomorrow at Aluthkade against MaRa trying to bring CJ under his lawless guillotine

(Lanka-e-News-22.Nov.2012, 11.55PM) The Lawyers have jointly organized a massive protest tomorrow (23) at the Colombo courts precincts against attempts to push the chief justice (CJ) under MaRa’s guillotine.

The Organizers have jointly urged all the Lawyers Island wide to participate in this massive protest irrespective of caste ,creed , race or party . This joint Lawyers’ group had been brought together by a Committee formed by many representatives of several Lawyers’ Associations.
This joint Lawyers’ group had requested everyone who respect and want an independent judiciary , not only the Lawyers, to come in their thousands and join in the protests to be staged tomorrow.

It is the consensus among all that MaRa has set in motion his own eventual downfall like Musharaff of Pakistan.

Full Text Of The Supreme Court Request To The Parliamentary Select Committee

By Colombo Telegraph -November 23, 2012

The Supreme Court yesterday made a request to the Parliamentary Select Committee appointed to inquire into the impeachment motion against the Chief Justice to defer its proceedings until the Supreme Court makes a determination on the constitutionality of Standing Order 78A which has been framed under Article 107 of the Constitution. The Supreme Court Bench comprising Justices Gamini Amaratunga, K. Sripavan and Priyasath Dep stated that the request was being made in the background of the mutual respect that exists between the Parliament and the judiciary. The Court directed the Court of Appeal to notice the respondents to file their written submissions. After the respondents file their submissions, the petitioners and the Attorney General could file their submissions. The case will be called before the Supreme Court on 28 November to fix dates for argument.

The Select Committee Head - Minister Anura Priyadarshana Yapa

The Supreme Court referred to the good relations that should exist between the two branches of the government and stated: ..this Court whilst reiterating that there has to be mutual respect and understanding founded upon the rule of law between Parliament and the Judiciary for the smooth functioning of both the institutions, wishes to recommend to the members of the Select Committee of Parliament that it is prudent to defer the inquiry to be held against the Hon. the Chief Justice until this Court makes its determination on the question of law referred to by the Court of Appeal. The desirability and paramount importance of acceding to the suggestions made by this Court would be based on mutual respect and trust and as something essential for the safe guarding of the rule of law and the interest of all persons concerned and ensuring that justice is not only done but is manifestly and undoubtedly seen to be done.

Read the full text here

Shirani Bandaranayake: Sri Lanka judge impeachment hearing begins

Lawmakers from the ruling party began proceedings against the chief justice

23 November 2012

Sri Lanka's parliament has begun an impeachment hearing against Chief Justice Shirani Bandaranayake.

Dr Bandaranayake, 54, faced an 11-member parliamentary committee which is investigating 14 charges of financial and official misconduct.

The Supreme Court chief justice denies the charges levelled against her.

Critics say this move is aimed at stifling the courts' independence after the Supreme Court blocked a recent government bill - officials deny this.

They say due process will be followed, but the state media has been running a campaign against her, saying the judge is unfit to hear cases, correspondents say.

Friday's hearing went ahead despite a non-binding court order to stay the process until legal challenges to the impeachment had been considered.

A statement released by Dr Bandaranayake earlier this month said she would continue discharging her duties impartially.

The move to impeach her was initiated by lawmakers from the ruling United People's Freedom Alliance.

The Judicial Services Association (JSA) of Sri Lanka has defended the chief justice, praising her for "standing firm against any type of interference and influence".

Ranil and Latima into loony bin : Basil's Mongol justice – no proof , no evidence no cross examination – no justice in short

(Lanka-e-News -22.Nov.2012, 11.55PM) Irrespective of what the Latima House statement lays down in regard to the removal of a Chief justice (CJ) , the Medamulana lavatory house of stinking MaRa regime however has already decided what should be done in regard to chief justice Dr. Shiranee Bandaranayake , according to reports reaching Lanka e news. Basil Rajapakse the mongol of the Medamulana village crocodiles has taken a unilateral decision already. It is thus :

The CJ is summoned before the Parliamentary select Committee on the 23rd at 10.30 a.m. She is to be fetched to Parliament precincts in an ordinary bus sans official transport as an ordinary individual . She is to be dropped at the first gate and to be frisked top to bottom disgracefully , and then taken to Parliament .

Secondly , the Select Committee has already decided disregarding the SC decision to function presuming it has powers of a Tribunal. It is learnt that the UNP leader has also agreed to this. Meanwhile the Lawyers of CJ had sent a preliminary objection in writing to the Parliamentary select Committee that the latter has no powers to inquire into this. But the Medamulana Lavatory house has decided most barbarically to spit at it early morning and cast it into the bin.

As the CJ is to request for time to file answers , a week’s time is to be granted , that is until the 30th.Thereafter the entire inquiry is to be completed within a week. In other words , by Dec. 08th the entire process is to be completed .

Mongol Basil and the village Rajapakse crocodiles are to resort to bizarre methods of dispensing justice in keeping with their jungle laws they practice. The process is as follows :

Since 117 MPs have signed the impeachment it is presumed that no witnesses are required to substantiate the charges. However to repudiate the charges , the CJ shall provide evidence in support . This is very clearly not justice that is aimed at by this process invented by the Medamulana village crocodiles –it is plain injustice that is sought to be accomplished. In any legal system and court , when charges are filed , they must be proved . The accused is not bound to refute such charges.

In the circumstances , the CJ is unable to give evidence for a long period involving several days. If she has to, the evidence must be documented , and the witnesses cannot give evidence orally. Cross examination too is totally unavailable.

It is the aim of the slow backward low quality regime to put this on a fast forward track and finish this case beginning on the 30th of November by December 8th . In other words the impeachment tabled in Parliament is to be finalized within a month. The Select Committee also has to forward its report on the 8th of December. This date has been chosen based on many reasons :

After the budget debate is concluded on the 8th of December , the Parliament is to be adjourned for a month ,and will resume sittings on 8th January 2013. Hence it has been decided to take up the impeachment decision on that day .

The other reason for choosing this date by Mongol Basil Rajapakse and his village crocodiles is , after their taking into consideration the courts vacation starting on the 22nd of December . They re open on the 8th of January. During this period many of those of the legal profession including judges go abroad, a period when objections do not generally officially come up.

While the Rajapakses are taking every deplorable and despicable step resorting to all this fast forward track methods enlisting their Medamulana lavatory system to achieve their dastardly goals, the opposition on the other hand is idly talking about the Latima statement scrutinizing it from down upwards and from up downwards as though it is a short frock worn by a girl while sleepily mentally calculating or rather miscalculating as always , how to take this matter up at the Geneva conference. By that time the Rajapakses would have using their lavatory system have achieved all their illegitimate goals and produced even an illegitimate baby.