Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Thursday, December 20, 2012

President should apologize

Thursday , 20 December 2012
Government is entangled by pressure locally and internationally concerning the impeachment against the Chief Justice, hence President Mahinda Rajapakse should seek apology from Shirani Bandaranayake and bring this crisis to an end.  This was requested by the sharing powers to unite the country movement.
 
The society within the legal definition should decide whether Chief Justice should be in the position or not. However 99 percent from that society is giving their utmost support to her.
 
Hence it is no use of discussing further on this matter was mentioned by Nawasamasamajee party leader Prof.Wickramabahu Karunaratne.
 
At the media conference held at Colombo Azath Saali centre yesterday organized by the "sharing powers to unite the country" movement he made this statement.
 
He said, President Mahinda Rajapakse had informed the report submitted by the Parliament Selective Committee which probed the impeachment against the Chief Justice will be scrutinized by an independent panel.
 
Impeachment was brought against the Chief Justice against the constitution and inquires were carried out. There is a procedure to follow if an impeachment is brought against Chief Justice.
 
 
The society within the legal definition only could bring such motion. It is not necessary to probe the matters of Chief Justice. If she had done any mistake in her duties, she can resign and towards this the arrangements can be done by the society within the legal definition was mentioned by him. 

Midweek Politics: All Frosts, No Thaws In Impeachment Imbroglio

Dharisha Bastians
Colombo Telegraph
December 19, 2012 
“I think he knows what Rome is. Rome is the mob. Conjure magic for them and they’ll be distracted. Take away their freedom and still they’ll roar. The beating heart of Rome is not the marble of the senate, it’s the sand of the colosseum. He will bring them death – and they will love him for it” –‘Gladiator,’ the movie (2000)
Prior to the decline of the Roman Empire, the emperor and aristocrats regularly provided cheap food and entertainment to the people of Rome to keep them good humoured and approving of their leaders. The Gladiatorial games and circuses both inflamed and gratified the passions of the populace, making them less inclined to engage and interfere with politics and neglectful of civic duty.
This appeasement of the citizenry’s base desires for ‘bread and circuses,’ the rulers believed, was the most effective way to rise and then hold on to power. The bread and circus tactic is still used by regimes across the world to great effect, temporarily blinding the people to economic burdens and injustices perpetrated upon them by their rulers. Sri Lanka last week seemed a case in point.
Night racing
After several weeks of hectic prepping, the spectacle that was the Colombo Night Races unfolded last weekend at the makeshift track at Galle Face. In the run up to the event, army soldiers were hard at work, piling up sandbags and setting up the spectator stands for audiences that were expected from around the city and other parts of the island to witness the popular drag race style sporting event get underway in the streets of the capital.
Flashy sports cars fixed with special lighting effects make this a particularly entertaining spectator sport and proved vastly popular when the Carlton Sports Club pulled the races off last year. This year the organisers took the event one step further, even introducing a three wheeler race, with drivers decked in full black racing outfits and sporting helmets.
Every year the races come with their share of controversy, due to road closures and general inconvenience to the public and hotels and restaurants in the Fort area. This year however, thanks to the racing car duty concession which became the highlight of the Government’s budget for 2013 and came just weeks before the racing event took place, opposition parties found more fodder than ever to wrap the Night Races in scandal and allegations of corruption.
The JVP has charged that the Carlton Sports Club with its affiliations to the ruling family, had received Rs. 200 million in tax concessions to import fancy racing cars and notified of the duty reduction well ahead of the budget presentation. The main Opposition UNP made the Lamborghini-Badagini slogan the keystone of its anti-Budget rhetoric, which constantly reiterated that the UPFA Budget for 2013 was a bonanza for the one per cent and created further economic distress for the rest of the country. But all this notwithstanding, the Colombo Night Races drew large crowds throughout the weekend and was generally heralded as a much needed boost to the city’s seasonal night life, with fireworks displays and after-parties for revellers once the races were over.
Almost as soon as the races ended, the Government slapped a mammoth Rs. 10 increase on petrol prices, once again fulfilling economic predictions that price increases would be inevitable before the end of the year in order to help to bridge the growing trade deficit.
Distractions                                    Read More

IN DEMAND OF JUSTICE...
In demand of justice...A man climbed a tree and engaged in a protest outside the Hulftsdorp Court Complex in Colombo against the Golden Key fraud which affected around 1200 depositors, an Ada Derana correspondent reported. Speaking to Ada Derana from atop the tree, K.R. Saman Shantha, a resident of the Rambukkana-Hiriwadunna area stated that his protest was in demand of justice for the depositors who had been cheated. He told Ada Derana that he will not end his protest until President Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa or Economic Development Minister Basil Rajapaksa assures him of justice.(Pics by Manjula Charantha)
December 20, 2012



















Impeachment Proceedings Subject To Review By Courts- Sri Lanka Tells United Nations

Colombo TelegraphBy Colombo Telegraph -December 20, 2012
Sri Lanka has stated in its Fourth Report on the implementation of the International Covenant on Civil and Political Rights (ICCPR) submitted to the Human Rights Committee of the United Nations in 2002 that proceedings of a Parliamentary Select Committee (PSC) on the impeachment of judges of the Supreme Court and Court of Appeal are subject to review by the courts. The report states: “Indeed nowhere either in the relevant constitutional provisions or the standing orders seeks to exclude judicial scrutiny of the decisions of the inquiring committee. Thus, it is envisaged that if the inquiring committee were to misdirect itself in law or breaches the rules of natural justice its decisions could be subject to judicial review.” The Chief Justice, Dr. Shirani Banadaranayake, cites the report in her application No. CA 411/2012, made to the Court of Appeal to quash the report of the Select Committee. For the benefit of our readers, we reproduce the relevant paragraphs (paragraphs 300 to 303) of Sri Lanka’s Fourth Report.
CJ
300. Standing Order 78A provides that where notice of a resolution for the presentation of an address to the President for the removal of a Judge from office is given to the Speaker in accordance with Article 107, the Speaker must entertain such resolution and place it on the Order Paper of Parliament. But such resolution cannot be proceeded with until after the expiration of a period of one month from the date on which the Select Committee was appointed. Paragraph 2 of the Standing Order that deals with appointment of such a Select Committee requires the Speaker, to appoint a Select Committee with a minimum membership of seven Members of Parliament for this purpose. The Select Committee is required to transmit to the Judge concerned a copy of the resolution setting out the allegations of misbehaviour or incapacity made against him. The Judge is compelled by the Standing Order governing the functioning of the Select Committee to make a written statement of defence within a stipulated time period. Moreover, the Judge has the right to appear before the Select Committee to be heard either in person or via representative and adduce evidence, oral or documentary, in disproof of the allegations against him.
301. At the conclusion of the investigation made by it, the Select Committee must within one month of the commencement of its sittings report its findings together with minutes of evidence taken before it to Parliament. It may also make a special report of any matters, which it may think, fit to bring to the notice of Parliament. If however, the Select Committee is unable to report its findings to Parliament within the stipulated time limit, the Committee must seek the permission of Parliament for an extension of a further specified period of time, giving reasons for it. Where the resolution for the presentation of an address to the President is passed by Parliament, the Speaker must present such address to the President on behalf of Parliament.
302. On the previous occasion the Human Rights Committee examined Sri Lanka’s periodic report, it expressed concern on the compatibility of the impeachment process with the scope and sprit of Article 14, since it would compromise the independence of the judiciary. As stated above Article 107 a judge can be removed only on “proved grounds of misbehaviour or incapacity” and the standing orders allows for the judge in question defend himself either on his own or retaining a legal counsel, none adherence to the rules of natural justice by the inquiring committee would be attract judicial review. Indeed nowhere either in the relevant constitutional provisions or the standing orders seeks to exclude judicial scrutiny of the decisions of the inquiring committee. Thus, it is envisaged that if the inquiring committee were to misdirect itself in law or breaches the rules of natural justice its decisions could be subject to judicial review.
303. Further, it is the position of Sri Lanka that an impeachment process where the legislature plays the principal role does not by itself contravene the provisions of Article 14 of the ICCPR. In fact the United Nations Basic Principles on the Independence of the Judiciary seem to approve this type of mechanism, since provisions that deal with disciplinary proceedings against judges state “Decisions in disciplinary, suspension or removal proceedings should be subject to an independent review. This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings”.
Related posts;

Gunshots heard near MP Wijeydasa’s house

THURSDAY, 20 DECEMBER 2012 
The Mirihana Police are investigating a complaint lodged by BASL President MP Wijeydasa Rajapakshe after two empty cartridges were found in the vicinity of his house early this morning, the Police said

Sources said that the youngest son of the MP had heard gun shots at 12.20 am today and had heard a car driving by thereafter. Subsequently the driver of Mr. Rajapakshe had inspected the vicinity of the house early this morning when the two empty cartridges were found.

The Police are currently recording a statement from Rajapakshe at his residence in Nawala.

President Mahinda Rajapaksa visited UNP MP and BASL president Wijeydasa Rajapakshe’s Nawala home today following a complain that gunshots were heard from the vicinity of the home last night, President Spokesman Mohan Samaranayake said. Pix by Sudath Silva


VIDEO: PRESIDENT VISITS WIJEYADASA RAJAPAKSHE’S HOUSE

VIDEO: President visits Wijeyadasa Rajapakshe’s housePresident Mahinda Rajapaksa visited the house of UNP MP 

and Bar Association President Wijedasa Rajapakshe at Nawala a short while ago, the Ada Derana reporter confirmed. It was reported that there had been an alleged shooting outside the house of Wijeyadasa Rajapakshe this morning at around 12.20am.


Presidents Counsel MP Wijeyadasa Rajapakshe reported a shooting outside his home which occurred this morning at around 12.20am (December 20).

MP Rajapakshe stated that he heard the gunshots which he believed came from outside his residence while three bullet shells were found outside his house today.

He further stated that the police have arrived in the area and launched an investigation into the incident.

December 20, 2012  



Anti-Impeachment Lawyer And MP Sumanthiran’s Security Withdrawn

Colombo TelegraphBy Colombo Telegraph -December 20, 2012 
Security provided for parliamentarian  MA Sumanthiran‘s house was withdrawn in this morning . “He was among the most active Lawyers working against the Impeachment. He is an Member of Parliament” says the Lawyers Collective.

EDB Chairman says he has been speared by the impeachment drama

Wednesday, 19 December 2012
Chairman of the Export Development Board (EDB), Janaka Ratnayakae has told several employees at the Board that the evidence given in the impeachment hearings has re-assured him his post at the EDB for several more years, sources from the Board said.
The EDB Chairman giving evidence before the parliamentary select committee (PSC) that probed the impeachment motion against the Chief Justice had said on the 7th that he was the Managing Director of the Company that owned Trillium Residencies and that he had given a Rs. 1.6 million discount to the Chief Justice to purchase a luxury apartment n the residency following a request by her.
Ratanayake has been found guilty by court for an irregular share purchase that had taken place at the Merchant Bank during his tenure as the Chairman. He is to be convicted by court. This irregular transaction had figured when he had appeared before the PSC to give evidence in the impeachment hearing. However, the Central Bank Governor on a Presidential directive had in writing to the PSC, cleared Ratnayake’s name from the irregular share transaction issue.
The EDB is facing a downfall under Ratnayake’s chairmanship and a decision had been made to appoint Secretary of the Internal Trade Ministry, Sunil S. Sirisena as the chairman of the board. However, the President has now made an order asking that Ratnayake be allowed to hold the post for a few more years after he had given evidence before the PSC.
Ratnayake had told the EDB staff that his position in the Board is secure due to his close relationship to the President. However, sources at the EDB say that the Chairman was misleading the workers saying he was closely related to the President.

Justice Ms. Thilakawardane Should Not Hear Petitions Relating To PSC Report!

Colombo TelegraphBy Jude Fernando -December 20, 2012
Shiranee Tillekewardene
The impeachment proceedings against the Chief Justice has now arrived at critical point, and regardless of its final outcome the independence and public confidence of the judiciary should be maintained.  In this regard the citizens of Sri Lanka hope that the Supreme Court in hearing the petitions submitted by the CJ and others will honor the two principals of natural justice upon which the integrity and public confidence of the judiciary rest.  The first principle stems from maxim “Audit alteram partem” which means no one should be condemned unheard.  This maxim contains two elements: (a) The opportunity to make representation must be afforded ; and (b) such opportunity must be reasonable.  Opportunity depends to the facts and circumstances of each case.
The second, principle stems from the maxim that  one ‘Nemo judex in re sua‘ ‘meaning that Judge is disqualified from determining any case in which he may be, or may fairly be suspected to be, biased (personal, pecuniary, personal or official bias.)  In any civilized democracy this means even if the legislature does not specifically provide for principles of natural justice, unless principles of natural justice are specifically excluded in the legislative laws, the Supreme Court must read natural justice into a provision of law.
In the regard Justice Ms. Shiranee Thilakawardane should excuse herself from hearing any petition relating to impeachment of the Chief Justice since she gave evidence at the Parliamentary Select Committee, and the fact that, according to reports, two judges of the panel, S. I. Imam and Chandra Ekanayake refused to hear cases with Ms. Thilakawardena.  Regardless of the Ms Thilakawardana’s stand on the impeachment and outcomes of these petitions Ms. Thilakawanrada participation in the any hearing relating to PSC will only serve to undermine the integrity of the Judiciary.
Related posts;

Wednesday, December 19, 2012


IFJ Launches Situation Reports on Bangladesh, Sri Lanka

The International Federation of Journalists, in collaboration with partners and affiliates released situation reports on journalists’ rights and the state of media freedom in Bangladesh and Sri Lanka. The information presented in the reports is the result of extensive consultations between the IFJ and its partners, field visits and interviews by IFJ personnel in the two countries.
The reports highlight the current priority areas for campaign and advocacy work in the two countries and identify focus areas for future international solidarity actions.
In Bangladesh, the deeply polarised nature of national politics continues to create fissures within the media, with owners, who are often compelled to take sides, pressuring professional staff. Political contention is likely to mount as the country approaches national Parliamentary elections in 2013. Constitutional amendments enacted by the current government in 2011, ostensibly to imbed what it portrays as the values of Bangladesh’s liberation struggle, have led to serious discord, and opposition protests have been mounting, particularly against a clause which does away with the system of holding national elections under neutral, caretaker administrations.
After several false starts, the process of bringing to account individuals accused of crimes and atrocities during Bangladesh’s 1971 war of liberation began in 2011. But the pressures and political sensitivities associated with the proceedings of the International Crimes Tribunal – a body created by Bangladesh national law – have not abated despite broad consensus on the need for accountability. Media reporting on the proceedings of the tribunal has often come under the scrutiny of the tribunal, which has twice held particular newspapers and journalists guilty of contempt.
There have been multiple cases where particular newspapers have been charged under the defamation law. The allocation of broadcast spectrum for television channels is often seen to be a source of exerting control and a form of censorship.
Safety issues were highlighted by the brutal twin murder of a journalist couple in the capital city Dhaka, in February, and in a number of retaliatory attacks by political actors, for reporting deemed as critical.
Bangladesh’s journalists began a campaign in February 2012 to secure a new wage accord for themselves. Under national law, statutory bodies are required to be created every few years to ensure that journalists’ wages and working conditions are appropriate to their requirements of sustaining a high level of professional motivation and commitment. These efforts were rewarded in June 2012, when a wage board comprising representatives of the journalists’ unions, the media industry and government was constituted under the chairmanship of a former Supreme Court judge.
Important policy changes in recent times have enabled a growth of community radio in Bangladesh, though licensing processes are seen as excessively complicated. A right to information bill enacted in 2009 promises greater accountability and transparency in governance, though it is seen to grant too many exceptions and the number of those who have been motivated to use it, is still very modest.
IFJ partners in Sri Lanka have been campaigning for media freedom to be recognised as an essential part of the process of national reconciliation, following the end of the country’s quarter-century long civil war in 2009. Their efforts are yet to be recognised, since few reforms have been implemented in the media sector and the recommendations of a high-level commission on national reconciliation remain largely on paper.
Media reporting on the process of resettlement and rehabilitation in the country’s Northern Province, which suffered the worst ravages of the civil war, has often been impeded by security personnel who continue to be deployed there. And far from assuring accountability for the number of attacks and killings of journalists during the war, the pattern of violence has persisted in the years following.
Journalists and human rights defenders are often attacked by official spokespeople on government-controlled media channels, contributing to an atmosphere of intolerance for even legitimate criticism of the government. Websites that carry news and current affairs content on Sri Lanka have been subject to arbitrary rules of registration and in some cases, to police raids and seizure of equipment.
Financially vulnerable media houses have been subject to further pressures as increased costs passed on from banks and financial institutions threatens their sustainability. In addition, change of ownership has often resulted in rapid changes in editorial policies and personnel.
The revival of the Press Council of Sri Lanka is seen to embody a very real coercive intent on the part of the government, since the 1973 law under which the body is constituted conceives of a number of possible sanctions against the media, including the power to prosecute under various provisions of criminal law. The Sri Lanka Press Complaints Commission, a self-regulatory body set up by the media industry, has been seeking to establish its credentials as an institution that is fully equipped to deal with current challenges.
The situation reports on Bangladesh and Sri Lanka were prepared with the financial support of UNESCO, under the International Programme for the Development of Communications (IPDC). The report on Bangladesh is available in English and Bangla and the report on Sri Lanka, in English, Sinhala and Tamil.
The reports can be found here.
For further information contact IFJ Asia-Pacific on +612 9333 0950
Sri Lanka
Situation Report: Sri Lanka
Bangladesh
Situation Report: Bangladesh, December 2012

Militarization in the North; More permanent military camps in Vavuniya

The Vavuniya District Land Development Committee has granted permission to set up permanent army and police camps in the Kanakarayanakulam, Puliyankulam areas.
This decision was taken last Sunday at the district Development meeting held under the Chairmanship of District Secretary, Bandula Harischandra at the Vavuniya District Secretary’s office.
Following the meeting, the police will be allocated a land of five acres and another of five acres is to be given to the army.
Meanwhile, police have been allocated two acres and the army seven acres in Kanakarayankulam.
Also, half an acre in Puliyankulam has been allocated for the health dept, half and acre at Katkulam junction for the primary health centre, one acre in Nainamadu area for a livestock veterinary center, 11 acres for a school on the A9 in Puliyankulam, five acres for an Ayurveda hospital in Nainamadu, one and half acres in Muttumari town area for a cultural center, half and acre for a provincial hospital in Nedunkerni area, 20 perches for a co-op in Mannakulam Kollaru area, 35 acres for the Indian housing project in Parasankulam and for cultivation activities 15 acres in Mudiyarkulam, 42 acres in Kattikulam, 120 acres in Thandikulam have been allocated.
Militarization continues
The annual report to the UN Security Council on Children and Conflict clearly stated the militarization in the North.
Although the Defence Ministry has assured to reduce the military personnel in the Jaffna peninsula, which is currently at one soldier for every eight civilians, it has not happened.
The militarization is the Wanni is far greater with a ratio of one soldier for every three civilians.
Tamil political parties and civil society organizations have shown that this situation prevented the Tamil civilians from carrying out their normal lives.
“why boycott?”

Say NO to Sri Lankan goods

http://www.tyoaus.org/boycott/images/index_r1_c2.jpg
Simply by saying no to Sri Lankan products, a hugely powerful message is being sent out. It is the most effective and constructive way that every individual, as a consumer, can voice their concerns against the Sri Lankan government’s policies. It is almost effortless for the consumer, but has a massive impact on the Sri Lankan government. All it takes is for us to exercise our right to choose what we buy. And with that freedom of choice, comes the ability to make a stand against injustice.

Boycott Sri Lanka
sundaram-art.co
The effectiveness of boycotts and their simplicity has been demonstrated by the success of previous campaigns. Not only do boycotts show that there is a united and international public disapproval of the oppressors actions, but they have been, and still are, instrumental in pressuring establishments to reform and in implementing justice.

The boycott campaign against Apartheid South Africa, is one of the most memorable in recent history and played a vital role in bringing an end to a racist and bigoted regime. The campaign spread globally with the South African government rapidly facing international isolation. From international sports teams to prominent academics, pressure was put on the government to conform and end apartheid.

Boycotts just like these are still taking place today. The English and Wales Cricket Board recently severed bilateral relations with Zimbabwe due to President Mugabe’s poor human rights record, hoping that it would compel the country to reform itself. As Robert Evans (former MEP) said, relationships like this, even sporting ones, give the Sri Lankan Government “a cloak of responsibility it does not deserve”.

The Sri Lankan government has repeatedly shown that it has no interest in addressing any of the human rights issues that has plagued the islands history. It has constantly oppressed the Tamil minority, culminating in the climax of the civil war in 2009, laden with war crimes, extrajudicial killings, rapes and abductions. They have consistently denied all access to independent monitors, brushing off all talks of investigations, leaving economic sanctions and boycott the only practical solution left. With the right economic pressure, Sri Lanka will have to inevitably confront the international criticism that it is facing.

With a defence budget approaching $1.9 billion, the 20th biggest army in the world and a stumbling economy, the Rajapakse regime is attempting to get hold of every rupee they can. Until they legitimately address their appalling human rights record and investigate all allegations of war crime, the most clear cut way for us all to voice our disapproval of their actions is to simply avoid them altogether. Make the right choice. Boycott Sri Lanka.

Annual Overview News providers decimated in 2012; 88 journalists and 47 citizen-journalists killed


Wednesday, 19 December 2012
Deadliest year for journalists since Reporters Without Borders began producing its annual roundup in 1995.
This year has been exceptionally deadly, with a 33 per cent rise in the number of journalists killed in connection with their work over 2011. The worst-hit regions were the Middle East and Northern Africa (with 26 killed), Asia (24 killed) and sub-Saharan Africa (21 killed). Only the western hemisphere registered a fall in the number of journalists killed.
This is the worst set of figures since Reporters Without Borders began producing an annual roundup in 1995. The number of journalists murdered or killed was 67 in 2011, 58 in 2010 and 75 in 2009. The previous record was in 2007, when 87 were killed. The 88 journalists killed in 2012 lost their lives while covering wars or bombings, or were murdered by groups linked to organized crime (including drug trafficking), by Islamist militias or on the orders of corrupt officials.

Holmes, UN's smokescreen to Mu'l'livaaykkaal killings?

TamilNet[TamilNet, Wednesday, 19 December 2012, 02:16 GMT]
Public statements made by UN officials during media stakeouts and briefings, Wikileaks exposures, and the testimony of twelve UN field staff reported earlier in TamilNet provide a blue-print to the strategy adopted by the UN to allow Sri Lanka to defeat the Tigers, and to ignore the mounting numbers of civilian casualties. This feature catalogues the statements from UN's former humanitarian chief, John Holmes, as he attempts to provide diplomatic cover to the slaughter taking place in Mu'l'livaaykkaal, repeatedly relying on Colombo's assurances on not using heavy weapons, and hesitating to provide casualty figures, a conduct comport with the "internal" strategy revealed by the then President of the United Nations Security Council, Yukio Takasu, that gave primacy to the need to eliminate the “terrorist LTTE …which had broken several ceasefire agreements." 

While the recent Petrie report accused the UN of "massive and system wide failure to prevent the slaughter of an estimated 40,000 ethnic Tamils in five short months," Holmes defended UN’s actions and criticized the report saying the UN faced "some very difficult dilemmas" at the time and could be criticized for the decisions it had taken, adding, "[b]ut the idea that if we behaved differently, the Sri Lankan government would have behaved differently I think is not one that is easy to reconcile with the reality at the time."

Yukio Takasu, President UN Security Council 2009
Yukio Takasu, President UN Security Council 2009
John Holmes, UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator
John Holmes, UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator
Takasu's February 20, 2009 media stakeout after a Security Council discussions (Click here, @12:20) reflects the mindset of the key UN policy makers for Sri Lanka action. Takasu says, inter-alia, "humanitarian situation is part of a bigger picture which involves political and security situation...the situation is complicated...many ceasefires were held which were broken by the LTTE...Ceasefire is considered favorable to the terrorist [LTTE] group...They use the humanitarian opportunity to promote military offensive...you can't just ask the Government [Sri Lanka] to stop...." 

Viewed through this prism of alleged UN's internal policy to facilitate military defeat of the LTTE even at high cost of civilian lives, Holmes subsequent statements reflect a clear motive behind the UN's inaction during the five months following Takasu's comment.

The two high level UN officials, John Holmes and Vijay Nambiar, appeared to have shouldered the implementation of the UN strategy from New York, and country level managers, Neil Buhne and other UN operatives Philippe Duamelle, Amin Awad and Andy Brooks provided the institutional cover to facilitate the civilian massacre and large scale starvation. 

John Holmes appeared on five occasions to brief UN press during the last four months of the war, from February to May 2009. Innercity Press (ICP) and a few journalists have continued to raise troubling questions on civilian casualties and the inaction of the UN.

Holmes refuses to provide any estimate of the casualty figures even though ICP leaked a UN internal document in March-2009 of more than 2800 deaths due to shelling by Sri Lanka military. 

In an attempt to highlight the evasive answers from Holmes on why UN has not been able to provide casualty figures, a French journalist in April 29th briefing 2009, questions Holmes on why the UN has not at least provided a “soft-figure” on civilian deaths so that international opinion could be mobilized UN-Holmes. Holmes declines to answer. 

UN's Petrie report on UN's inaction during the last stages of the war, documents Holmes and Nambiar jointly pressuring Navi Pillay of UNHCR to desist from publishing estimated casualty figures that would put UN in to a “difficult terrain." 

Regarding the number of civilians who remained in the LTTE controlled territory, the estimates provided by Holmes were 70k (by GoSL), 200k (by UN), and more than 300k (by Tamil sources). In Wikileaks (Colombo Cable Jan-09-2009) then-Ambassador Blake quotes 300k civilians trapped behind LTTE lines, and confirms the GoSL’s intention to use food as an incentive to extract people out of LTTE area. 

In addition the UNITAR satellite based analysis of human concentration in the Mu'l'livaaykkaal area implied much larger civilian population than GoSL figures. Despite no concrete pressure was brought on GoSL by UN to help deliver commensurate quantity of food and medicine. 

Several UN field staff subsequently resigned from UN in protest to UN inaction. Here the UN, under the leadership of Holmes (OCHA), was accused by UN's own staffers as an ineffective spectator to widespread starvation and failed to pressure the Tamil population in the LTTE controlled area. The staffers also criticized UN conveys delivering cricket bats and chalk boards to the starving civilians.

Another sinister motive in down playing the population figure is related to the pending large scale massacre of the civilians in Mullivaikal. 

In all press briefing Holmes provides benefit of doubt to the GoSL, and attributes responsibility to LTTE for keeping civilians against their will, commented a Tamil activist who reviewed the briefings by Holmes.

Noting that Tamil civilians who came out of the Mu'l'livaaykkaal area were brought to the “internment camps” but Tamil civilians who lived outside the “trapped” area were also rounded up by the military and brought to the camps, a journalist inquires about potential war-crime because of the ethnicity-based round up. John Holmes says he was not aware of any large scale round up as such, but then continues to justify why it is acceptable because the whole region was a conflict zone. 

"When an institution, whose mandate is humanitarian work and which is trusted to protect civilians, exhibits reckless disregard to human life and deceptively facilitates political goals of a failing state like Sri Lanka which has a mono-ethnic military, then complicit officials need to be identified and reprimanded," a Tamil activist commented.

Holmes UN briefings on Sri Lanka, IDPs and War
Date of Briefing at UNVideo Link[Start Time] Key Point made
Feb-20-2009UN-Takasu Feb- 20-2009 Video[12:20]President of the UN Security Council, and the then Japanese UN Ambassador, Yukio Takasu, reveals behind-the scene thinking of member countries of UN Security Council on Sri Lanka.
- Sri Lanka situation is not "just" a humanitarian issue, but involves politics and security
- LTTE is a terrorist organization that has broken several CeaseFire agreements
- LTTE is well organized, and uses CeaseFires to advance its military strategy
- LTTE uses civilians as "human shields"
Feb-27-2009UN-Holmes Feb 27 2009 Video[0:30] Concerned about civilian safety in conflict zone and freedom of movement in camps.
[3:20] Civilians in the conflict zone is estimated to be 70k (GoSL), 200k (UN) and 300k (Tamil sources).
[4:30] Government assured no use of heavy weapons, but he could not verify it.
[8:50] Political solution should follow once the fighting stops and he does not mind how it stops.
March-26-2009UN-Holmes March 26 2009 Video[0:25] Concerned of civilians not allowed to leave by the LTTE and of forced recruitment by the LTTE.
[0:45] Calling GoSL to avoid civilian casualty, not to use heavy weapons and respect international law.
[2:20] Question by ICP on OCHA figures on civilian deaths-2682. Holmes appears irritated at the question.
April-15-2009UN-Holmes April 15 2009 Video[2:50] Says human shield should not be used by the LTTE.
[5:10] Calling GoSL to live up to the promise of not using heavy weapons.
[7:50] Warns GoSL against final offensive that would cause blood bath on the beach.
[14:00] Journalist probe Holmes on evidence that people being kept against their will by the LTTE.
[21:50] UN has no access to initial screening points like Killinochchi. Gov. solders bring people to transit camp at Omanthai. But says UN has no evidence of disappearances.
April-29-2009UN-Holmes April 29 2009 Video[7:30] Following the armed conflict an equitable political solution for Tamils must be found so that the problem does not reoccur.
[9:00] A UN-French journalist quizzes Holmes on screening process and disappearances.
[13:00] Inner city press (ICP) raises the role of Vijay Nambiar in sending a humanitarian mission to CSZ and UNITAR role in retracting satellite evidence.
[21:00] UN Journalist raises the specter of setting a precedent in GoSL successfully denying access to journalist and NGOs to the conflict zone.
[24:40] UN-French journalist is puzzled why UN is not publishing “soft’ casualty figures so that international attention can be mobilized.
May-26-2009UN-Holmes May 26 2009 Video[17:40] Question from a journalist: People who were outside conflict zone were rounded up and brought to the camp. Is there accountability and war crime investigation under consideration? Holmes was not aware of any round up by military, but added that whole area was a conflict zone and and under LTTE control (i.e., rounding up Tamils outside the conflict zone is acceptable)
[23:00] UN is giving GoSL benefit of the doubt (to meet international law) to deal with people in camps .
[28:00] Regarding unimpeded access to camps Holmes defends GoSL.
Source: UN video archives, Wikileaks, ICP Reports