Monday, December 10, 2012

Updates on ground situation in Jaffna

-10 Dec, 2012

After the violent unrest that started late November in Jaffna, (for photos and background, read The death of Freedom of Assembly, Expression and Religion in the North of Sri Lanka),Groundviews has continuously received updates on the ground situation. In addition to forwarding these updates via email, we have decided to post them on the site for increased awareness and greater public debate on the disturbing situation in and around post-war Jaffna today. The updates are posted as we received them and as accounts open t0 contestation. We also strongly welcome further verification and corroboration by readers in the area or familiar with what’s going on.

We will continue to update this blog post as we receive new updates. Please follow @groundviewson Twitter for notifications and also see our Facebook page.

Situation Update as at 11.20am, 10 December, 2012
The six students including five from the University of Jaffna (UoJ) Medical Faculty and one from the Management Faculty, who were handed over to the Vavuniya TID on December 6th, 2012, have been released this morning.

Furthermore, of the three students who surrendered to the Human Rights Commission on the 7th of December, who on the advice of the Commission surrendered to the Vavuniya TID office, two have also been released this morning following 2-3 days of interrogation. However, there seems to be no further news on the whereabouts or welfare of the Student Union President, V. Bhavananadan, who also surrendered to the TID with the two Science Faculty students who have now been released.

Meanwhile, the three Student Union Members of the UoJ, Sanmugam Solaman, Kanagasundram Jenamajenth, and the Student Union Secretary Paramalingam Tharshaanan who were arrested on the 29th and 30th of November, are still being held in detention. Parents of the students had been denied permission to visit the boys at the TID Office in Vavuniya this morning. The parents of the students fear that their children have been transferred to the Rehabilitation Centre in Welikanda.

Situation Update as of 8 December, 2012

Three more University students, from the list of 10 handed over by the Kopai Police to the University authorities on the 6th of December, have surrendered to the Human Rights Commission of Sri Lanka (HRCSL) seeking protection yesterday (7th December). The three students include the current Student Union President, V. Bhavananadan.

This trend of seeking protection from the HRCSL is similar to how youth sought protection from the Commission and were placed in protective custody during the 2006-2008 period when youths were faced with threats and intimidation by the security forces and paramilitary groups.

This surge of arrests and detention has once again caused a fear psychosis to arise among University students and youth in the North.

The list of students handed over by the Kopai Police to the University Authorities on the 6th of December, 2012.

1. Selwarathnam Renuraj
2. V. Bhavananadan
3. Ambalawanapillai Prasana
4. T. Abarajithan
5. Pranadhan Sabeshkumar
6. Selvanayagam Janahan
7. Rajendran Miller Alexendar
8. Kanagarasa Sanjeewan
9. Sathyamoorthi Prasanna
10. Sinnaiya Shashikantha

Situation Update as at 12.30pm, 7 December, 2012 Continue reading »

Power and Energy Ministry Secretary orders to stop placing ads in Lakbima

Monday,

10 December 2012

Power and Energy Ministry Secretary, M.C.M. Ferdinando has directed the heads of all institutions affiliated to the Ministry to not give any advertisements to the Lakbima Sinhala newspapers or Lakbima News English newspaper.

The Secretary had sent a new circular canceling the circular that was recently circulated on placing advertisements in newspapers. The previous circular had stated that advertisements should be given to the Lakbima newspapers, Mawbima, Ceylon Today, Rivira and The Nation newspapers. However, the Lakbima newspapers name had not been included in the new circular.

Mawbima and Ceylon Today newspapers belong to parliamentarian Tiran Alles. Rivira and The Nation newspapers belong to the President’s relative, Colonel Prasanna Wickremasuriya and Nilanga Rajapaksa, who resides in the UK.

The Lakbima newspapers are owned by UPFA MP and SLFP Borella organizer, Thilanga Sumathipala.

The Sri Lankan Silk Road

by Patrick Mendis

Harvard International Review

( December 10, 2012, Boston, Sri Lanka Guardian) The confluence of the militarized economic development, widespread corruption, alleged war crimes, the concentration of all powers in the executive presidency, and family members easily getting elected to parliament, along with the arrogance and jubilant aftermath of the Eelam War, has presented a negative international image of the once-Buddhist and democratic nation.

The Potential War Between China and the United States

Sri Lanka, the “pearl” of the Indian Ocean, is strategically located within the east-west international shipping passageway. Like the old Silk Road that stretched from the ancient Chinese capital of Xian all the way to ancient Rome, modern China’s strategic and commercial supply line extends over the Indian Ocean and the South China Sea to include the focal transit port of Sri Lanka at the southern tip of India. Today, over 85 percent of China’s energy imports from the Middle East and mineral resources from Africa transit through Sri Lanka and other so-called “string of pearls” ports. Beijing seeks to protect these “pearls” as strategic economic arteries anchored all the way from the Persian Gulf and African waters to Hong Kong. Colonel Christopher Pehrson at the US Army War College describes this elaborate network as:

“The manifestation of China’s rising geopolitical influence through efforts to increase access to ports and airfields, develop special diplomatic relationships, and modernize military forces that extend from the South China Sea through the Strait of Malacca, across the Indian Ocean, and on to the Arabian Gulf.”

To meet increasing demand for resources and to secure their maritime trading routes through the Indian Ocean, China has either built or reportedly planned to construct vital facilities in Bangladesh, Cambodia, Maldives, Myanmar, Pakistan, Seychelles, Sri Lanka, and Thailand. In addition to these projects, China has reportedly been exploring the expansion and establishment of other facilities at eastern and western maritime choking ports of the Indian Ocean – the Gulf of Aden and the Arabian Sea as well as the Strait of Malacca – to address growing piracy issues, especially around Somalia, Indonesia, Malaysia, and the Philippines.

Sri Lanka, the “crown jewel” of Beijing’s naval strategy, will soon have the over US$100 million Chinese-built Lotus Tower in Colombo – the highest edifice in South Asia and the nineteenth tallest building in the world – that can reportedly be seen from New Delhi. The Buddhist-inspired (through the Lotus Sutra), soaring telecommunication tower symbolizes not only Beijing’s foreign policy slogan of “Peaceful Rising,” but also projects an aura of power radiating from the former Middle Kingdom. Suddenly awakened to this reality, the United States and a “string of pearl”-encircled India are increasingly worried about the Chinese adventure in subtlety and its possibly concealed intentions for the Indian Ocean.

The Nervous Neighbor and the Assertive Visitor

The UK based Global Tamil Forum (GTF) yesterday called on leaders of Commonwealth countries to boycott the Commonwealth Heads of Government Meeting (CHOGM) to be held in Sri Lanka next year to uphold the association’s charter and values.

Charging that Sri Lanka was “descending toward a lawless state”, the GTF welcomed a fresh pledge from Canadian Prime Minister Stephen Harper that, unless there was significant progress on political reconciliation, accountability and respect for human rights, he will not attend the meeting in Sri Lanka.

“GTF believes other leaders of Commonwealth countries too should stand in solidarity with the Canadian prime minister in calling for significant progress on political reconciliation, accountability and respect for human rights,” the organisation said in a statement.

Sri Lanka could lose Commonwealth membership over impeachment of top judge, Opposition Leader warns

Mon, Dec 10, 2012, 06:46 pm SL Time, ColomboPage News Desk, Sri Lanka.

Dec 10, Colombo: Sri Lanka's main opposition United National Party (UNP) Leader Ranil Wickremasinghe warned that the country may stand to lose its membership in the Commonwealth over the impeachment process of the country's top judge if it does not follow the procedures set out by the Commonwealth.
Wickremasinghe said that the Commonwealth has set out a procedure for investigating a judge and that failure to follow them in the impeachment of the Chief Justice could result in Sri Lanka losing its membership in the Commonwealth.
He has made this statement today while addressing a seminar organized by Platform for Freedom to commemorate the 64th International Day for Human Rights.
Wickremasinghe has pointed out that the Commonwealth law has outlined that special investigations need to be carried out with the participation of three international judges before a vote is taken in parliament.
He has observed that Sri Lanka already has human right issues in the United Nations Human Right Council (UNHRC) and the government should not make any blunder with Commonwealth.
Wickremasinghe has added that Sri Lanka would lose the support of many countries if it does not follow Commonwealth procedures. The government therefore needs to rethink the issue of the country's top judge and decide whether it will re-conduct an impartial investigation on the matter, he said.

Remote Control Of Justice

By Basil Fernando -December 10, 2012

Basil Fernando

Next Saturday, the Bar Association will meet to discuss the resolution of non-cooperation with anyone who may be chosen to be the next Chief Justice in the event that the incumbent Chief Justice is impeached.

While that matter is being considered, a question may also be asked as to whether any person with integrity and commitment to the rule of law and independence of judiciary would want to become the next Chief Justice, or a superior court judge for that matter, in such an event. The responsibility of the superior court is to uphold the rule of law and the independence of the judiciary. Their primary task, of course, is to safeguard the individual liberties of all citizens in the event of those liberties being threatened by the executive. Such a task would become impossible in if the judiciary is reduced to being a stooge to the executive. There will be a fundamental contradiction between the very meaning of being a judge and meeting the expectation of the executive to serve it wholeheartedly without regard to whatever implications that may have on the individual liberties of citizens.

It is an unfortunate fact that, in Sri Lanka, there is such an attraction for higher positions and status. In popular drama and other works of art, this is often depicted by the character of the “arachi”, who has such a great love for his black coat and the silver buttons. It is unfortunate that, in the past, when there was competition in the elite families, becoming a judge in a superior court was considered more from the point of view of family prestige rather than from the point of view of onerous responsibilities that are inherent in holding such a position. The seriousness of responsibilities is symbolized by Thomas More, who has earned the title of “man for all seasons” due to his willingness to give even his life in defence of a principle.

When the judiciary is expected to play a stooge’s role, it will not be a symbol of honor or prestige, but rather a symbol of shame and willingness to sacrifice integrity for the sake of demonstrating loyalty to the executive, irrespective of whatever burden the executive may cause on the liberties of the citizens.

For the legal profession and the judiciary, their role will significantly change as, by a final act of callous disregard for the rule of law and the independence of the judiciary, the Parliamentary Select Committee – members representing the government – have declared the Chief Justice to be guilty of some counts, despite the opposition members and the Chief Justice and her lawyers have refused to participate in the committee proceedings after raising very serious matters of principle. The Parliamentary Select Committee report, according to a government spokesman, is supposed to contain a hundred and twenty odd pages. The spokesman has also claimed that the document contains the arguments of law on the basis of which the PSC arrived at its conclusions. It is an amazing feat of genius for these seven members from the government, none of whom have any claim for proven intellectual excellence, to be able to write such a report within just a few hours.

The truth seems to be that the report was written by others and was already written before the inquiry was concluded. As for the finding, the public already knew that it was already predetermined from a higher source than the seven members of the PSC.

The most important criticism is that the PSC has pretended to be an impartial tribunal when it is not. Not only the conduct of the proceedings but also the manner in which the final written document was prepared demonstrated that it was not an impartial tribunal.

This matter is significant as, with the executive subordinating the judiciary to its will, even the basic procedural aspects that people are used to expecting from the courts are likely to disappear. I am reminded of watching a trial at a Cambodian court at the time of the United Nations transitional authority in Cambodia, which was expected to assist Cambodia to recover from the losses suffered under Pol Pot’s regime.

It was a trial for theft. The evidence consisted of reading a confession supposed to have been made by the accused, who was still a teenager, and the only defense allowed was to give reasons for reducing the sentence. When this was done (trial lasted an hour or so) the judge retired to his chambers and returned in 10 minutes. Then he began to read from a written text consisting of several pages. Obviously, the verdict had been written before the trial. When this matter was raised with the then Minister of Justice in Cambodia by the UN officers, the Minister explained that he did not rely on these not very qualified judges and that the verdicts are written in the Ministry of Justice, in which he had a few more-qualified persons. He further explained that if a person was already not found guilty, they will not bring him to a trial. The trial presupposed that the person was guilty. This Minister later expressed this same position to a Phnom Pehn Post journalist, who reproduced it in an article during the time.

The implications of having a stooge judiciary are similar. In a recent PhD thesis, which was received with honors at the Australian National University, Dr. Nick Cheesman writes a whole chapter on court proceedings in Myanmar, which he described as juridical proceedings in a marketplace. Long years of dictatorship have caused the loss of fair trial In Myanmar and today the young lawyers with whom I had a few discussions with could not even grasp the meaning of what law is.

All these are the considerations that Sri Lankans should face now. In fact, sober reflection would reveal that the impeachment proceedings and the verdict have nothing new in them. The causing of the forced disappearances of Prageeth Eknaligoda, the killing of the Sunday Leader editor Lasantha Wickramatunge and all the other episodes that are so commonly known to Sri Lankans are illustrations of a radical transformation of the manner in which “justice is meted out”. In an earlier article I have mentioned that since the start of the forced disappearances of persons, which started with the large scale killings in 1971 under the coalition government, heinous crimes have begun to be considered as legitimate actions. What is new in the impeachment motion, proceedings and verdict is that this common phenomenon of lawlessness has found expression in a dramatic manner that no honest person can ignore.

The path for the rule of law and the independence of the judiciary lies now on the courage of the lawyers judges and citizens to actively engage in continuous non-cooperation with all schemes of illegality that the executive wishes to pursue. In the past, the great legal minds were tested by the cases they win and the precedents that they may help to create. However, in the midst of such lawlessness as now, the test of those who help to create the rule of law is a firm commitment to reforms. This alone is the only legitimate path open to anybody with a conscience and a sense of integrity who wishes to take any steps on the path of law.

Indian realty firms redraw strategy in SL

Since the end of the 30-year-long separatist war in Sri Lanka in 2009, several major Indian real estate companies began projects in Colombo with the hope of cashing in on post-war interest among well-heeled Lankans in acquiring luxury apartments with a variety of facilities.

Among the Indian companies to launch projects in the capital city had been L and T, Accor Developers, Eco Homes, Shreyas Developers, Suchir India and Krrish.

However, many of them failed to take off. They have had to wind up their businesses and quit, leaving flat buyers in the lurch. This trend had caused concern among India’s policy makers and those promoting Indian investment in Sri Lanka.

But attempts were now being made by a section of the investors to diagnose the problem and take corrective steps. A source in the realty sector told Express that the basic mistake that the Indian investors made was that they expected the Indian model to work in Sri Lanka and were shocked to find that it did not.

“In India, the promoter first seeks bookings from buyers and finances the venture with the advances made. But this is not the system in Sri Lanka. Here, flats are sold after they are almost built fully. Therefore, in Sri Lanka, if an Indian developer had expected 100 bookings, he might have got only 10, ” said a source in Platinum 1, an ambitious Indian condominium project coming up in a prime area in Colombo, which was working on the basis of the Sri Lankan model.

“We at the Platinum Realty Investment Pvt Ltd decided to complete the work up to the super structure level before announcing the launch of the project. Today, the customer can walk-in and view his chosen space prior to purchase. This provides the potential investor with the peace of mind that comes with knowing that his investment is secure. Platinum l is not just an ambitious plan on paper,” the source said.

The company, which was a consortium of Paharpur Cooling Towers Group of India and Pragnya Fund, a Mauritius-based Private Equity Fund, had already spent USD 20 million out of the USD 35 million earmarked for the 70-apartment project.

A Danger Of International Isolation

By Jehan Perera -December 10, 2012

Jehan Perera

The impeachment process launched by the government against Chief JusticeShirani Bandaranayake has entered its most contentious and controversial phase. The Parliamentary Select Committee appointed to look into the charges against her has declared that she has been found guilty on three counts and innocent of two others. There were a total of fourteen charges against the Chief Justice. The opposition members appointed to the committee had earlier withdrawn from it and the Chief Justice herself had refused to continue to appear before it citing bias. The belief that justice is being done in these circumstances would require a leap of faith. The national Bar Association has taken a decision to go on token strike on Wednesday. Many international legal and judicial associations, in which Asians have leadership roles, have got activated in opposition to the impeachment. This is generating a negative wave of opinion internationally.

It is unfortunate that the government, so dominant within the country should be isolating itself from the international community. The government appears to believe that opening embassies in hitherto unknown African countries will make it new friends and receive the votes at international forums that will safeguard it from international sanctions. But the government also needs to keep its international stature and reputation high within its own Asian neighborhoods and not be lulled into a sense of complacency by their diplomatic statements. There was a time in the past when Sri Lanka was the cynosure of the world on account of the relatively high quality of life it provided its people even with limited economic resources. The governmental leaders of some of these countries may speak today at international forums in favour of Sri Lanka, and expect the favour to be reciprocated at a future date. However, what they really think about Sri Lanka’s government and its leadership may be quite different.

An international conference recently took place in Singapore that was attended by academics, media professionals and political analysts from several Asian countries. The theme of discussion was how the media could contribute to counter terrorism and violent extremism. The conference was hosted by the National University of Singapore which is the premier state-run university in that country. Singapore is known as a country that is by no means sympathetic to either terrorism or to violent extremism. On the contrary it is a country that gives a very high priority to national security. At the same time it gives a great deal of emphasis to ensuring that there is inter-ethnic harmony by treating its different ethnic and religious communities with equal respect and trust. The off-the-record opinions voiced by participants about the situation in Sri Lanka were more negative than what appears in the public domain. It is a serious cause for concern by Sri Lankans who think about the future.

SERIOUS MISTAKE

It was noteworthy that none of the participants at the conference regretted the demise of the LTTE. The issue of how the war ended did not loom large to them. The war ended over three and a half years ago and is a fading memory to the world at large, including the vast majority of its academics, media professionals and political analysts. What they are concerned about is what is happening today in post-war Sri Lanka. Like many in Sri Lanka they too expected there to be a sharp improvement in the human rights situation, especially in relation to the political rights of the Tamil minority. The common opinion that was expressed at this conference was disappointment that Sri Lanka had not gone forward to sustainable peace after the end of the war, by finding a solution to Tamil grievances. Now the impeachment of the Chief Justice makes them think that lack of democratic practice is at the root of the problem.

The government’s post-war foreign policy priority appears to be one of protecting its leadership and the military from international war crimes charges. The government leadership is rightly concerned, along with the general population, that the issue of alleged war crimes in the last phase of the war is a threat to it. International human rights organizations and those who function as custodians of the international criminal justice system will continuously put pressure on Sri Lanka until these matters are investigated to their satisfaction. This has to be a matter of concern to all in the country, but most specially those who can one day be charged for these offenses. However, the issue of how Sri Lanka ended the war with the LTTE is not the only, or even the main concern of many in the international community.

It can be believed that the international community as a whole, possibly including Russia and China, would wish to see Sri Lanka resolve its ethnic conflict that gave rise to war through a political solution. They would also stand for the rule of law and respecting the independence of the judiciary. This was the clear message that came out at the conference held in Singapore. The opinion of those few academics, media professionals and political analysts who are interested in Sri Lankan affairs will go a long way in shaping the thinking of the foreign ministries of their countries. The government and its leadership will be making a serious mistake if they believe that they can protect themselves from this problem by ensuring that Russia and China are there to deliver a veto to any international move at the UN. Those are also countries that seek to be respected members of the international community and will not wish to be identified as supporters of countries that defy international norms.

UNJUST IMPEACHMENT

In winning the war against the LTTE the government achieved a victory that few thought was possible and thereby gained international recognition. Political and military analysts in all parts of the world will now study the Sri Lankan model of militarily quelling the challenge posed by terrorism. However, the government is losing out where it concerns post-war developments, most notably the provision of full democratic rights to the Tamil people and now, the respect for the independence of the judiciary. By not dealing with the roots of the political problem that gave rise to terrorism and extremist violence the government is losing the battle for favourable international opinion.

Most of the participants at the conference in Singapore had the impression that the government was suppressing the Tamils after winning the war. The absence of a political solution that the government can credibly show to the world contributes to this negative impression. This is added to by acts of violence and suppression of democratic freedoms that occur at regular intervals. The assault by security forces on university students in Jaffna who were lighting lamps on November27, the date formerly commemorated by the LTTE as their Heroes Day, and the manner in which the security forces handled the situation has added to this negative impression. Even journalists who were covering the incident were assaulted. Now making an even worse impression, the government is impeaching its own Chief Justice who has been the country’s first ever Supreme Court judge and its first woman Chief Justice.

The government is engaging in this act of impeachment in defiance of the public opinion voiced by the totality of the country’s religious leadership and also the bar associations in the country. The rapidity with which the Parliamentary Select Committee, or what is left of it, has been proceeding with the impeachment cannot impress any objective outsider as being the actions of a government that respects democratic procedures. It is necessary to recognize that in the absence of a political solution these incidents will serve to polarize Sri Lankan society and convince the international community that the ethnic minorities cannot expect justice from the government when its own Chief Justice is being treated unjustly. Tragically, such actions can be expected to be to the detriment of the country and its political leadership in the years to come unless the government changes course even now, as it can.

Is our Parliament speaker an Ass ? -so abysmally ignorant of the laws, Lawyers abroad ask

(Lanka-e-News -10.Dec.2012, 2.30PM) Lawyers who are abroad have questioned with grave concern whether the speaker of the Parliament of Sri Lanka is such a mocker and Ass that he does not know the elementary laws. Legal luminaries in UK and US speaking to Lanka e news asked this question following the failure of the SL

December 9, 2012, 7:53 pm2, 7:53 pm speaker to take appropriate action adhering to the laws after the opposition members of the Select Committee withdrew from it on the ground that the impeachment inquiry was not being conducted duly and impartially.

The first step the speaker should take as soon as the opposition members have withdrawn from the Select Committee for whatever reason is to inform the leaders of those parties to fill up those vacancies , and not to carry on the proceedings ignoring that indispensable requirement.

Only when the vacancies are not filled after notice is so given , the speaker can take a decision whether or not to go ahead despite the vacancies .Hence , if the speaker had allowed the proceedings to go on without following this procedure and the Select Committee to take unilateral decisions in the absence of the opposition representatives , such decisions are invalid in law and illegal , the lawyers pointed out. Therefore they were naturally forced to ask the question ,is the speaker of the Parliament (a sublime Institution) , a goof or a goon ? like some of the Parliament Govt. members of the Select Committee who recently betrayed their ignorance of the basics of the laws in public on this impeachment motion by asking stupid questions, while others behaved like street urchins shouting hoarse to stifle and suppress opposition views founded on valid grounds.

In other words has the brutal lawless MaRa regime been permitted to go this far by the docile and gullible people of this country to plunge the Parliament , a supreme people’s representative body to this lowliest disgraceful level ?

The lawyers further questioned , assuming that the Select Committee (despite its flaws and lapses) is a ‘court’ , and when four of its representative members walk out of it expressing loss of faith in it , how can the defendant be expected to repose faith in it ?
To illustrate this point , they cited a case where some of the judges of the constituent panel leaves the court expressing disgust over the wrongful manner in which the case is being heard . In such an event , how can any faith be reposed in that panel? they asked. It is for the speaker to carry out his tasks duly in such circumstances. In this instance , the speaker had not taken any action in that direction let alone thought about it.

How can a speaker of Parliament who is the brother of the architect ( two in one or one in two in evil) of this foul machination to impeach or rather deliberately intimidate and unduly persecute (not duly prosecute) the chief justice be expected to conduct himself any the better?

An Overview Of The State Of Human Rights In Sri Lanka In 2012

By Asian Human Rights Commission -December 10, 2012

Mahinda Rajapaksa

In previous annual reports, the Asian Human Rights Commission has documented Sri Lanka’s rapid fall into a dictatorship under the executive presidential system. This process has now been completed. There are violations written into the basic structure of its constitution, which was initially based on Sri Lanka being a republic and a democracy, recognizing the separation of powers between the executive, a legislature and judiciary, with the rule of law as its foundation and made on the basis of sovereignty of the people; now the legislature and the judiciary have been subjugated to the executive, through the 1972 and 1978 Constitutions. The executive president has now taken control of the legislature and the judiciary, and thereby reduced these two formerly independent branches of government into branches of the executive. This transformation is so complete that the principles of separation of powers and the rule of law can no longer be operated in any rational manner. The executive president is the sole and the direct controller of every aspect of governance, and all institutions are now expected to operate under his direction and according to his wishes.

The direct result of this transformation is that now no justice is possible in Sri Lanka. Under the structure of governance, functioning under the direction of the executive president, there is no protection for the dignity and liberty of individuals. Individual freedoms are completely suppressed and there is no institutional structure for the protection of such liberties.

Citizenship in Sri Lanka now only refers to one without any of the human rights. Individuals are being made into digits of a system in which the controller is the executive president. No one is outside the arbitrary control of the executive president, including the Chief Justice of Sri Lanka herself. All judges in the time to come will be under the total control of the executive president. The only permissible decisions that the judges of Sri Lanka will be able to make will be those that the executive president allows them to make. Anyone who even slightly deviates from this path is likely to be removed from his or her position immediately, the same way that chief justice is being dealt with now. Under these circumstances, fundamental human rights, though enshrined in the constitution, are without any effective protection. The protections that arise from Sri Lanka being signatory to international conventions in human rights have now lost significance.

The people of Sri Lanka have been watching these transformations helplessly. The international community is totally oblivious to these transformations. For many decades, the UN Agencies, the powerful countries, and the international community at large, thought the sole problem in Sri Lanka was the ethnic conflict, or the minority issue, and failed to recognize the terrible constitutional crisis that the political system as a whole was facing since 1978. There were those who pointed out this situation in a fuller picture, and this included the Asian Human Rights Commission. However, such warnings were not taken seriously. Now, when the collapse is becoming obvious, there are some expressions of concern, but these have come too late, and even now the recognition of the total transformation of Sri Lanka into a dictatorship is not being grasped at all. The consequence is that the people of Sri Lanka now have to face this situation alone and even someone in as high a position as the Chief Justice of Sri Lanka has no choice but to face the consequences of the total absence of respect for rules. It will be said in the future that at the point when Sri Lankan democracy sank like the Titanic no one came to her rescue.

The most frightening spectacle is the rise of the Ministry of Defence as the total controller of the lives of Sri Lankan citizens. The para-military forces, such as the Special Task Force (STF), the intelligence services, and the military are now intervening into the lives of people in the North and East as well as the people of the South. Not even the prisoners are outside their control and direct intervention. All these forces work outside the law and enjoy total impunity.

The possibility of any credible investigation into violations of rights has come to an end. In the absence of such investigations, the possibility of prosecutions does not exist and, in any case, the prosecutor – that is, the Attorney General’s Department – is under the control of the new administration of the executive president. The judiciary has ceased to be a separate branch of governance and is now under the control of the executive president. When even the Chief Justice is without legal protection, there is hardly any need to speculate on the fate of ordinary folk.

Forced disappearances, extrajudicial killings, rampant torture, denial of protection from illegal arrest and illegal detention, the denial of fair trial, the suppression of freedom of expression, publication, and association, are all entrenched, and electing a government by a free and fair election is no longer a possibility. In short, all the rights enshrined under the UN International Covenant of Civil and Political Rights (ICCPR) are being violated and there is no effective remedy, as required under Article 2 of that Covenant, for any of the rights.

The final culminating issue is the government initiative to impeach the chief justice. This was a direct retaliation to judgments relating to the Divinaguma Bill, which the three judges of a bench presided over by the Chief Justice had held to be in contravention of the constitution. After threats of impeachment, 117 members filed an impeachment motion containing 14 charges, all of which the Chief Justice denied. Later, 11 members, of whom 7 are from the government, have been appointed to be the Parliamentary Select Committee (PSC).

The impeachment procedure is contained in article 107 and select committee resolutions are found in article 78. Many authorities have pointed out that this procedure does not provide for impartial investigation of a tribunal, and therefore violates the basic principles relating to an impeachment of a judge.

Despite such challenges, the impeachment proceedings are continuing. The government approach appears to be that legality or illegality of the impeachment is irrelevant. The executive can request the parliament to commit an act which may be illegal, and on that request, parliament must oblige. The core argument is that whatever the executive orders has effect of law. This is the same position that Otto Adolf Eichmann took about the orders of Hitler.

Live Recording Of Dr. Tanya Ekanayaka In Concert At London’s St. Martin-in-the-Fields

December 7, 2012

Dr. Ekanayaka’s recital concluded with the UK premiere of her composition ‘Dhaivaya: Alter(ing) Hue’ which includes an adaptation of and set of variations on the famed Sri Lankan hymn ‘Danno Budunge’ also known as ‘Jehovah Thou Hast Promised’, integrated with a motif inspired by the other works of the same recital programme.

What characterizes Dr. Ekanayaka as a recitalist is her quintessential recital style. Her recitals have increasingly included her own compositions representing a novel form of musical fusion as well as works from the established classical repertoire ranging from baroque to contemporary works. Her compositions within a recital programme tend to self-consciously adapt indigenous and popular Sri Lankan folk melodies which are then reinterpreted and integrated within musical frameworks inspired by the western classical works of the same programme. She regards her compositions as deeply autobiographical ‘moments’ and attributes her compositional style to her multilingual and multicultural backgrounds as well as to being ambidextrous and having partial colour synaesthesia.

Ludwig van Beethoven – Piano Sonata No. 14 in C sharp minor, Op. 27, No. 2

First Movement

Second Movement

Third Movement

Rachmaninoff – Prelude in C sharp minor, Op. 3, No. 2

Tchaikovsky – ‘August’ from Les Saisons Op. 37

Tchaikovsky – ‘June’ from Les Saisons Op. 37

Khachaturian – Toccata

Tanya Ekanayaka - Dhaivaya: Alter(ing) Hue

UK premiere

For further information about Dr. Tanya Ekanayaka please visit: www.tanyaekanayaka.com

*Photo – Arun-Sundar Photography

Sunday, December 9, 2012

SRI LANKA: The clergy and civil society condemn the arrest

Saturday, 8 December 2012, 4:13 pm
Press Release: Asian Human Rights Commission

FOR IMMEDIATE RELEASE
AHRC-FST-056-2012
December 7, 2012
A Statement from the Sri Lankan clergy and civil society forwarded by the Asian Human Rights Commission (AHRC)
SRI LANKA: The clergy and civil society condemn the arrest and unlawful detention of four students from the University of Jaffna and call for their immediate release
We the undersigned, strongly condemn the arrest of four students of the University of Jaffna (UoJ) by the Terrorism Investigation Department (TID) on Thursday, November 29, 2012. While welcoming the release of Kanesamoorthy Sutharsan, a student of the Jaffna Medical Faculty on the morning of Tuesday, December 4, we condemn the continued detention of the remaining three Jaffna University Student Union members: Sanmugam Solaman (24), Kanagasundram Jenamajenth, and Student Union Secretary Paramalingam Tharshaanan (24).

The four are part of a group of seven Jaffna University students who were summoned by the Kopai Police (in the Jaffna District) on Thursday, November 29, 2012, in connection with an alleged arson (petrol bomb) attack on the office of the Sri Tamil Eelam Liberation Organization (TELO) in Thirunelvely, Jaffna. Sri-TELO had opened its office at Thirunelvely near the Jaffna University, only a week prior to the alleged arson attack. The students were later charged with putting up posters around the Jaffna University relating to Maaveerar Naal (LTTE heroes/martyrs day) which fell on Tuesday, November 27, 2012.

Following the summons, Sanmugam Solaman and Kanagasundram Jenamajenth surrendered to the Kopai Police at 1300hrs on Thursday, November 29, accompanied by two Jaffna University lecturers and a lawyer. At the time of arrest, the lecturers were shown a document in Sinhala, which appeared to be the letter issued by the Officer in Charge of the Kopai police, dated Friday, November 30 (Ref No. OIC/KP/ODB/6067/2012), to the head of security at the Jaffna University. It stated that the seven students listed in the document must appear at Kopai Police station to make a statement on November 30, in relation to a complaint made to the Kopai police by one Somasuriyasingham Senthuran of Kondavil West (Jaffna District), on November 29. The two students Sanmugam Solaman and Kanagasundram Jenamajenth, were subsequently handed over to the TID office in Vavuniya (Vavuniya District) on November 30. Two more students – Paramalingam Tharshaanan and Kanesamoorthy Sutharsan – were arrested by the Kopai Police at 0100hrs on November 30 from their temporary residences in Kaladdi and Urumpirai (Jaffna District) and handed over to the TID office in Vavuniya on Saturday, November 31.

All four students are currently being held at the Vavuniya TID office. The families of the students have so far not been provided with any official document relating to their detention or charges. The students have also not been produced before either the Vavuniya or Jaffna Magistrate. We are therefore deeply concerned with regard to the legality of their continued detention. The parents of one student met all four students at the Vavuniya TID office on Monday, December 3.

Vavuniya Police have assured the students and the parents that they would be released subject to being produced before the Vavuniya Magistrate. The parents and the four students waited at the Vavuniya police station from 8am – 3pm on December 3 for the Vavuniya Magistrate to return from Colombo.

However the students have not been produced before the Magistrate so far. We are concerned by evidence that the university authorities have been informed by the Deputy Inspector General for the Northern Province that detention orders have been issued for the four students as on December 2. The parents of the students have not been provided a copy of the detention order to date. Of the three remaining students summoned in the document dated November 3, two students have already graduated from the University of Jaffna and are employed under the Government Graduate Scheme in Nedunkerny, (Vavuniya District). Six of the seven students named in the letter dated 30th November have been active and outspoken members of the Jaffna University Student Union post war. The students have organized and participated in several protests and campaigns against human rights violations allegedly committed by the Sri Lanka Army in the North. On November 28, they were involved in organising a silent protest against the intimidation and attacks by the Sri Lanka Army on university students on the previous day. So far no charges or evidence has been produced linking the students with the alleged arson attack.

On November 30, the police raided and ransacked the houses of two other students from the Jaffna University. The names of these students were not included in the letter dated November 30. According to the students, the raid was carried out by Police officers and persons in civilian clothes who did not disclose their identity. One student was also subjected to intimidation and questioning by the officers. The other student's house was ransacked twice on the morning of November 30, and early morning on December 1. Since the student was not at his house on both occasions, the officers instructed his parents that he must surrender to the Point Pedro Police immediately.

In light of the facts above, we are deeply concerned that the students' arrests are baseless and politically motivated, and constitute an act of reprisal against their activism and campaign against human rights violations by the Sri Lanka Army. Jaffna University students are presently carrying out a protest campaign against these arrests and several acts of intimidation and attacks carried out by the Sri Lanka Army against Jaffna University students. Students have boycotted their classes in protest and many students have left hostel premises in fear of further attacks or arrests.

We are also deeply concerned about the impact of these actions by security forces on the Jaffna University, which has been brought to a virtual standstill, and the adverse repercussions on the students' academic work and their safety and security within the university.

We reiterate the call by the University Teachers Association of Jaffna (UTAJ) in its Open Letter to the Vice Chancellor of the University of Jaffna to take all measures to ensure the immediate release of the detained students and obtain assurance in order to create a more secure and conducive environment for teaching and learning within the University that no further student arrests will be made by security forces; to ensure the immediate removal of the presence of military, police and security checkpoints in the university environs since November 27; and ensure that no outside person, particularly military and police personnel, be permitted to enter the Jaffna University and hostel premises without the prior permission of University authorities.

We therefore call on the Sri Lankan Government to:

• Release with immediate effect the three detained students in the absence of clear evidence linking them to the alleged crime
• Permit the students access to legal assistance and regular visits by their family members
• Ensure the safety, and physical and mental wellbeing of the students currently held in detention
• Put an immediate halt to any further arrests, acts of intimidation, harassment and reprisals carried out by the Sri Lanka Army on students from the University of Jaffna
• Stop all interference by security forces and law enforcement authorities in the internal administration of the University of Jaffna and its student body
• Investigate into all past attacks of violence against students of the University of Jaffna, including incidents where the perpetrator/s is unknown
• Update as at 7.30pm on the 6th of November, 2012

On the morning of 6th December, 2012, the Kopai Police have handed over a list of a further 10 students to the University authorities to be handed over to the Police for questioning, over an undisclosed charge. The list includes five students from the Jaffna University Medical Faculty and the Presidents of the Jaffna University Student Union, Science Faculty Union and Management Faculty Union. Currently the five Medical Faculty students are being accompanied by the Faculty Dean and lecturers, to the Vavuniya TID office for questioning. The situation in the Jaffna University remains tense and volatile.

Signed by:
CLERGY

1. Most Rev. Dr. Rayappu Joseph - Bishop of the Diocese of Mannar
2. Most Rev. Dr. Thomas Savundranayagam - Bishop of the Diocese of Jaffna
3. Most Rev. Dr. Norbert Andradi OMI - Bishop of the Diocese of Anuradhapura
4. Most Rev. Dr. Raymond Wickramasinghe - Bishop of the Diocese of Galle
5. Most Rev. Dr. Harold Anthony Perera - Bishop of the Diocese of Kurunegala
6. Ven. Buddhiyagama Chandra Rathna Thero
7. Bishop Duleep de Chickera - Diocese of Colombo
8. Rt. Revd. Kumara Illangasinghe - Bishop Emeritus of Kurunagala
9. Fr. Arulanandam
10. Fr. Jeyabalan Croos
11. Fr. R. Augustine
12. Fr. Yoges
13. Rev. Jason J. Selvaraja - Assembly of God Church, Chavakachcheri
14. Rev. Fr. Lawrence Gnanathicam
15. Rev. Fr. M. Sathivel – Christian Solidarity Movement
16. Rev. Fr. S. Mahesan
17. Rev. Reid Fernando - Chaplain of YCW/CWM Archdiocese of Colombo
18. Sr. Angela Fernando
19. Sr. Helen Fernando
20. Sr. Immaculate
21. Sr. Marie Angela Cooray
22. Sr. Mary Christine
23. Sr. Milburga Fernando

ORGANIZATIONS

24. Ainslie Joseph - Christian Alliance for Social Action (CASA)
25. Balasingham Skanthakumar - Law & Society Trust, Colombo
26. Brito Fernando - Families of the Disappeared
27. Dr. Paikiasothy Saravanamuttu - Executive Director, Centre for Policy Alternatives (CPA)
28. Herman Kumara – National Fisheries Solidarity Movement (NAFSO)
29. J.C. Weliamuna – Convener, Lawyers for Democracy
30. N.A. Sampath Pushpakumara – Rights Now Collective for Democracy
31. Nadeeshani Bahabandara - Women's Political Academy
32. Nimalka Fernando – Executive Director, International Movement Against All Forms of Discrimination and Racism (IMADR) Asia
33. Padmini Weerasooriya – Mothers and Daughters of Lanka
34. Philip Dissanayaka - Right to Life Human Rights Centre
35. Sanjendra Vignaraja - Project Manager, American Center for International Labor
36. Saroja Sivachandran – Centre for Women and Development, Jaffna
37. Sepali Kottegoda – Women & Media Collective
38. Sriya Ahangama - Women's Centre
39. Sudarshana Gunawardana - Rights Now Collective for Democracy
40. Sunil Jayasekara – Free Media Movement (FMM)
41. Sunila Abeysekera – Executive Director, INFORM Human Rights Documentation Centre
42. Thiruni Kelegama, Institute for Defence Studies and Analyses, New Delhi
43. Udaya Kalupathirana – INFORM Human Rights Documentation Centre
44. Visaka Dharmadasa - Association of War Affected Women (AWAW)
45. Activist for Human Rights (AHR)
46. Human Rights Defenders Network, Sri Lanka
47. Networking for Rights in Sri Lanka
48. Women's Action Network

INDIVIDUALS

49. Amal De Chickera
50. Ananda Jayasekera
51. Anushaya Collure
52. Ayeshea Perera
53. Bhavani Fonseka – Attorney-at-law
54. Chandraguptha Thenuwara
55. Chulani Kodikara
56. Deanne Uyangoda
57. Dharisha Bastians
58. Dilshy Banu
59. Dinidu de Alwis - Freelance Journalist
60. Divya Martyn
61. Dr. Leonie Solomons
62. Dushiyanthini Kanagasabapathipillai
63. Dylan Perera
64. Ermiza Tegal - Attorney-at-Law
65. Francis Solomantine
66. Hans Billimoria
67. Harean Hettiarachchi
68. I.D. Geethika Dharmasinghe
69. Iromi Perera
70. Jagath Liyanarachchi – Attorney-at-law
71. Jake Oorloff
72. Jay Gunewardena
73. Jayanthi Kuru-Utumpala
74. Jehanki Anandha
75. Jovita Arulanantham
76. Juanita Arulanantham - Attorney-at-Law
77. Juliana Arulanantham
78. K.S. Ratnavale – Attorney-at-law
79. Krishan Rajapakshe
80. Kushlani Perera
81. Kusum Weeratunge
82. Luwie Ganeshathasan
83. M.M. Jihad Al Shajhan
84. Mahendran Thiruvarangan
85. Maria Emmanuel
86. Marisa de Silva
87. Mathuri Thamilmaran – Attorney-at-Law
88. Megara Tegal
89. Melisha Yapa
90. Mirak Raheem
91. Mohamed Hisham
92. Nalini Sivathasan
93. Nicola Perera
94. Nigel V. Nugawela
95. Nihal de Silva
96. Niran Anketell
97. Nirmanusan Balasundaram - Independent Journalist / Human Rights Advocate
98. Nishan de Mel
99. P.N. Singham
100. Paba Deshapriya
101. Prabu Deepan
102. Priya Thangarajah
103. Priyanthie de Silva
104. Punitharani Markpillai
105. Ruki Fernando
106. S.C. Asoka Obeyesekere
107. Sankha Ranadheera Vithana
108. Scholastica Perera
109. Selyna Peiris
110. Shehan de Alwis
111. Shreen Abdul Saroor
112. Suchetha Wijenayake
113. Sumith Chaminda Leelarathne
114. Sunanda Deshapriya
115. Thiagi Piyadasa
116. Thushari Madahapola
117. Vaidehi Perera
118. Velayutham Jayachitra
119. Vinoth Ramachandra
120. W.A. Upul Wickramasinghe – Chemist
121. Zainab Ibrahim

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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