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

Sunday, January 6, 2013

Immediately prevent military teachers. Teachers Federation writes to Governor

Sunday , 06 January 2013
Sri Lanka Teachers Federation had forwarded a letter urging Northern Province Governor and Northern Province education ministry Secretary and Sri Lanka teacher’s federation to immediately halt military to teach education in schools.
 
Federation General Secretary Joseph Stanlin said, such activities of military should be impeded and this acts are strongly condemned by his association.
 
He said, according to teachers’ service uniformity, eligible teachers can only teach in schools.
 
Military is assigned with some other work. Let them do their job. They do not have permission to go to schools. Attempts are done to transform schools to military oriented which is much speculated.
 
After 30 years war atmosphere, we expect civil administration to function in the north,  by ceasing military intervene and military teaching.
 
Military handling teaching students in schools is not a possible. Students should be allowed to contemplate freely in schools. None should be an obstacle for this.
 
Generally, if there is scarcity of teachers in schools for a specified subject, applications are called, and recruitments are done accordingly.
 
If a requirement arises to teach for the second language Sinhala language, formal applications should have been requested. This can be followed in future too.
 
But without following procedures, in which category, military was sanctioned to teach in schools. Who gave permission to this?
 
The northern provincial Governor and northern provincial education ministry Secretary should immediately halt military teaching in schools was mentioned by him.
 
Meanwhile military were instructed to perform their teaching assignments attired in uniform or in civil clothes.
For some subjects in the Kilinochchi educational zonal schools there is a dearth for Teachers was notified by the education zonal officials to military. Therefore we have directed the military to teach, was said by military spokesperson Brigadier Ruwan Wanigasooriya.

SL Archbishop collaborates with Gotabhaya in militarization land grab

Gotabhaya and SL military officials amused and Bishop of Mannaar with finger on his lip at the conference convened by Gotabhaya Rajapaksa for the landgrab and militarisation of Mu'l'likku'lam addressed by Sri Lanka's Archbishop and Vatican's Cardinal Malcolm Ranjith [Photo courtesy: SL Defence Website]
Meeting in Mu'l'likku'lam, Musali, Mannaar[TamilNet, Sunday, 06 January 2013, 14:21 GMT]
TamilNetSri Lanka’s Archbishop and a Cardinal of Vatican, His Eminence Malcolm Ranjith had personally come along with genocidal Colombo’s Defence Secretary and presidential sibling Gotabhaya Rajapaksa in grabbing Mu’l’lik-ku’lam village in Mannaar district for a naval base of the occupying Sinhala military and declaring the village out of bounds for its resettling inhabitants, news sources in Mannaar said. The Sinhala Archbishop had come and the Tamil Bishop of Mannaar, Rayappu Joseph, was made to silently sit along with him at the conference called by Gotabhaya at Mu’l’likku’lam on 26 December, in coercing the largely Tamil Catholic villagers to the sulking reconciliation of accepting alternative offers of land, the news sources further said. 
Meeting in Mu'l'likku'lam, Musali, Mannaar
Gotabhaya explains his plans for ‘state of the art’ village adjacent to SL military base to the uprooted Tamil villagers [Photo courtesy: SL Defence website]

The Tamil Catholic villagers, who were owning more than 1 acre of land per family as an average, are now given with half an acre per family 750 meters outside of the village and a ‘promise’ from Gotabhaya that a ‘state of the art’ village would be built for them having the Sinhala military of genocidal intent at their neighbourhood.

It is now learnt that the Bishop of Mannaar was pressurized and coerced by both the Sinhala Archbishop and the SL Defence Secretary to silently present himself at the militarisation cum land-grab conference.

Many villagers became silent by seeing the Bishop of Mannaar at the conference, news sources said.

The Bishop of Mannaar later admitted to journalists, “there was nothing to take place through talks.”

The Mu’l’likku’lam Sinhala Naval base in the Musali division of Mannaar district as well as Militarization of Mannaar are particularly aimed at Sinhalicisation and dismemberment of the Tamil homeland on one hand, and wedging cum targeting the Tamil Nadu coast on the opposite side that has a predominant population of Tamil Catholics of the same clans, commented Catholic circles of the Western coast.

The Sinhalicized Tamil Catholics of Puththa’lam, Gampaha and Colombo districts now realize their loss of language, loss of communication with their own clans on the opposite coast with whom they were sharing the waters and dismemberment of their own territoriality in the island, the Catholic circles commented further.

The Sinhala Archbishop Malcolm Ranjith has gone on record on several occasions for siding with the regime in Colombo and subtly shielding the regime’s genocide against Tamils. 

It was the Bishop of Mannaar who boldly came forward to enlighten the world on the disappearances in the Vanni War running into a figure of 146,000.

The Bishop was also leading the civil society movement of Eezham Tamils in recent times.

Writing last month, Dr. Brian Seneviratne, Australian human rights activist of Sinhala origin steadfastly supporting Tamil rights, said the following:

“It concerns me greatly that the Criminal Investigation Department (CID) has just sent officers to question (intimidate) the outspoken Rt Rev Dr Rayappu Joseph, the Roman Catholic Bishop of Mannar in the Tamil North. The next step will be that he will ‘disappear’ in a white van – be ‘white vanned’. That is why the world must be informed, which is what I have been trying to do.

“The Pope will have to act. After all, it is one of his flock who is under (real) threat. Will he? I doubt it. I have a photograph of the Pope clasping the blood-stained hands of Mahinda Rajapaksa - clasping it not with one hand but with both!

“Vatican diplomacy has blessed many of the tyrants and torturers of recent history, betraying Catholic idealists in Singapore to Lee Kuan Yew, and secretly exerting pressure on the British government to free ‘Torturer-in-Chief’, former General Augusto Pinochet, who was arrested in Britain and was wanted by Spain to face charges of murder and torture. The Vatican’s unfitness for any role in world affairs could hardly have been better illustrated.

“So I am not holding my breath that the Vatican will act even though Bishop Rayappu Joseph may well be the Sri Lankan version of Archbishop Oscar Romero of El Salvador who was executed by government gunmen when he raised the Chalice celebrating Holy Communion.”
Expose military transform climax to the international sector. Mano Ganeshan urge Alliance.

Sunday , 06 January 2013
Military getting introduced to the schools located in Kilinochchi and Mullaitheevu districts and attempting to teach second language is the climax of military rule transform.
 
This action is totally violating the recommendation made in the Sri Lanka government's Reconciliation Commission's report which quote decreasing the military occupation was said by Democratic People’s Front Leader Mano Ganeshan.
 
This should be immediately brought to the attention of international society by the Tamil National Alliance parliament members.
 
Mainly this matter should be brought to the attention of UNESCO the UN education, science and cultural organization coming under UN Organization in Colombo, its Residential Representative.
 
Sri Lanka Teachers Federation and Tamil Teachers Association including Teachers Trade Union movements should immediately commence trade union activities, and convey this to the International Teachers movement's attention was further requested by him.
 
Mano Ganeshan regarding this further said,  Sri lanka military recruited Tamil women to the military without any   recruitment procedures under legal system . Currently,  military teachers activities are processed through the northern  provincial education ministry.
 
Teachers dearth is prevailing to educate language, mathematics  and science subjects, hence military Teachers had been appointed, and military is organized to teach education are some contradicting statements made by military spokesperson is much perplexing.
 
In southern Sri Lanka at many schools teachers’ scarcities occur. But military are not assigned for teaching in these areas. If Teachers unavailability exists, new teachers should be appointed.
 
Many possess educational qualifications and have completed training. Many graduates are eagerly waiting for job appointments. Many  are working as volunteer teachers are keenly expecting suitable appointments.
 
Without taking this into consideration, by reasoning out that there is dearth for teachers and introducing military teachers to schools cannot be accepted.
 
Education sector authorities come under provincial council. However, provincial council does not exist in north and northern provincial Governor Chandrasiri being the former military officer is taking law in his hands and is processing these activities, reasoning out this.
 
This action cannot be obstructed by the provincial council officials. Due to nonexistence of provincial council’s members, Governor cannot function according to his will.
 
In fact provincial council members do not exist in the north hence, it is functioning under the surveillance of parliament members.
 
Therefore all the Jaffna election district parliament members coming under Kilinochchi district, all the Vanni election district parliament members coming under Mullaitheevu district, should immediately come to the decision forgetting party politics differences and should oppose to impede these activities.
 
Actually this government scripted and produced the report of Learnt Lesson Commission but the recommendations quoted are now violated by the government.
 
I wish to point out that the report states, military occupation should be reduced. Without lessening the government is imposing military in all aspects in the Tamil society.
 
A written document indicating this matter should be notified by the Alliance parliament members to the UN Human Rights Commission.
 
They should immediately bring this to the UNESCO which is operating under the UN organization in Colombo, the Residential Representation for UN education, science and cultural which I am requesting.
 
Meanwhile the illegal  activities which has commenced in Mullai, Thunukkai, Kilinochchi educational zones should be opposed professionally, and the Sri Lanka Teachers Association and Tamil Teachers Union including Teachers Trade Union movements should immediately commence trade union activities, and the Teachers trade unions should bring this to the International Teachers movement was further mentioned by him.

NGO calls time on tyrants in Switzerland

Accused of war crimes former general Jagath Dias (l) was recalled to Colombo in September (AFP)
Accused of war crimes former general Jagath Dias (l) was recalled to Colombo in Septemberswissinfo.ch - Swiss Broadcasting Corporation
by Simon Bradley, swissinfo.ch
Oct 20, 2011 - 08:59

Changes to Swiss legislation offer new options for pursuing alleged war crime offenders but Switzerland still needs to properly apply the law, says a legal expert.
Benedict De Moerloose, a lawyer for the Swiss non-governmental organisation TRIAL, talks to swissinfo.ch about their new programme for fighting impunity in Switzerland and why the world is becoming a smaller place for people who commit atrocities.
Switzerland should also follow other countries’ lead in creating a federal unit responsible for investigating international war crimes, he says.

TRIAL fights against the impunity of perpetrators and instigators of the most serious international crimes and their accomplices.

swissinfo.ch: Why did you create a special programme to fight impunity in Switzerland this year?

Benedict De Moerloose: There have been a number of recent developments: the entry into force of new clauses in Swiss criminal law, global changes since the creation of the International Criminal Court and several national universal jurisdiction initiatives – countries deciding to act against serious violations of human rights outside their territory.

TRIAL felt it was the right time to take things to the next level and concentrate on cases in Switzerland.

swissinfo.ch: What are these recent legal changes?

B.D-M.: Switzerland ratified the Rome Statute in 2001 and has since adapted its legislation. Since January 1, 2011, crimes against humanity have been introduced into Swiss penal law. The definition of war crimes is now more precise and the field of application for the crime of genocide is wider.

Another important change is that the federal responsibility for bringing proceedings for such crimes has been transferred from the military justice system to the Federal Prosecutor’s Office.

The legal requirement that the accused has close ties to Switzerland – family or secondary residency – has also been dropped, so now anyone accused of serious war crimes who travels via Switzerland or plans to travel here can be subject to a criminal investigation.

The Swiss legal arsenal is now more significant so any political figures who are responsible for such crimes face a greater risk of facing justice.

swissinfo.ch: Are the federal authorities equipped for pursuing such cases?

B.D-M.: There is no federal unit dealing with this issue, that is responsible for investigating international war crimes. But in some countries like the Netherlands, Norway, Canada and Denmark, and soon in France, there are special units of prosecutors, police investigators and immigration experts who exchange information. And they get results; out of 24 recent sentences for international crimes, 18 were the fruit of investigations by special teams.

Switzerland should create such a unit. There are only two to three prosecutors working part time in the Federal Prosecutor’s Office who are responsible for war crimes. They work hard but it is not enough.

Switzerland should assign resources that match its ambition, as there is plenty of work here not just against individuals but also against a range of transnational companies based in Switzerland that are violating human rights outside the country.

swissinfo.ch: How easy is it for alleged rights offenders to still hide in Switzerland?

B.D-M.: What is certain is that in the past it was possible to live in Switzerland as a criminal without worrying. There is the famous case of the Rwanda genocide financier Félicien Kabuga, wanted by the International Criminal Tribunal for Rwanda, who had a Swiss visa in 1994 and was not prosecuted by Switzerland; they finally expelled him.

Since the sentence handed down by a Swiss military court in 2001 to Fulgence Niyonteze for participation in the Rwanda genocide, no one has been charged for international crimes in Switzerland.

Swiss law obliges federal asylum and prosecution bodies to communicate with each other; it should be automatic when there is suspicion of crimes. But this doesn’t happen systematically or when the prosecutors have the files in their hands they drop the cases.

We have this modern law but the authorities need to apply it properly.

swissinfo.ch: What is your reaction to the recent Jagath Dias decisions (see freeform)?

B.D-M.: They are very encouraging. They show that Switzerland is prepared to protect human rights; it’s a strong signal. But what is missing is a clear statement from the authorities on what will happen in the future, that alleged war criminals should no longer obtain a diplomatic post.

swissinfo.ch: Sri Lanka continues to oppose any international investigation into alleged war crimes during the end phase of the 2009 conflict. How do you see this evolving?

B.D-M.: From the Sri Lankan side it’s clear that nothing has been done. But if you look at other states and NGO actions, we have the feeling that things are moving and the fight against impunity in Sri Lanka is progressing.

Just one month ago a civil action was launched in the United States against the Sri Lankan Major General Shavendra Silva, who is the ambassador to the United Nations in New York and accused of atrocities.

And a few days ago another dossier was filed on Sri Lanka’s envoy to Australia, Thisara Samarasinghe, commander in the Sri Lankan navy during the conflict.

Former Sri Lankan military officials now in diplomatic postings must no longer feel at ease.
UN drastically reduces missions in Jaffna. Next year offices would be closed down.

Sunday , 06 January 2013
According to reliable sources the UN agent organizations operating in the Jaffna district has decided to reduce their assignments from the beginning of this year, and at the end of this year, the regional offices would be closed down.
UN agent organization’s requirements have got lessened in the Jaffna district hence the above offices are getting closed down is according to information.
However, due to non-available of funds to the UN agent organization is the main reason for the offices to get closed down was said by UN agent movement representative.
In view of the internal war in Sri Lanka many lacks of Tamil people were displaced.  A situation arose for displaced people to get resettled in their native lands.
Landmines burial, construction of military high security zones was the reasons for the delay in getting resettled in their native lands.
In many Tamil areas, under the UN agent organization's supervision, landmine excavation activities processed and people got resettled.
Due to the reason that Sri Lanka government did not provide sufficient assistance to the resettled people, UN agent organizations provided relief to the people. Even after the conclusion of war against the liberation tigers, the assistance by UN still continued.
Still resettlement activities for people in the Jaffna district are not completed. In this situation, the UN agent organizations have decided to reduce its activities in Jaffna.
Five years period is essential to completely excavate the landmines and in this state, the UN agent organization’s landmine operation office in Jaffna will halt its missions from the end of this year is according to information.
Defense ministry previously informed that from year 2014 December,  it would take responsible of the landmine excavation, but now it is said, by this year end, the defense ministry will take over the assignment.
UN agent organization’s which provided aid projects to the people has reduced its cadre from this year beginning in their offices located in Jaffna.
Some UN agent organizations operating in every district of Northern Province, have decided to merge all the branch office in the Northern Province and only one branch will operate from this year beginning. Further at the end of this year, it has decided to completely close down was further mentioned.
Sri Lanka is assessed as middle grade country; hence the assistance for Srilanka is abridged.
 One of the UN agent organization representative said, due to lack of funds, they are compelled to close down branch offices.
Resettlement in the Jaffna peninsula is still not completed and in this situation, UN organization reducing its operations is creating much despair amidst the people.
Four thousand families are still unable to resettle in their native lands in Waligamam north, and living in welfare centers was quoted in the  Waligamam north divisional secretariat coordination committee meeting report.

10 million bribe transforms Mahinda Samarasinghe from ‘Mahinda crocodile’ to ‘Mahinda land reptile’
http://www.lankaenews.com/English/images/logo.jpg(Lanka-e-News-05.Jan.2013, 11.00PM) Plantation Industry Minister Mahinda Samarasinghe by granting permission to divide a plantation land into plots after amending the laws illegally had received a bribe of Rs. 10 million according to reports reaching Lanka e news.

The Minister after taking the bribe of Rs. 10 million is seeking to divide into plots the large land 25 acres in extent bearing the name Horampelle estate situated on the Colombo - Kurunegala Highway .

It is specially noteworthy that this same Minister Mahinda Samarasinghe who prohibited the division of this land into plots earlier. 
When a businessman who owns ‘Minuwangoda tractors’ purchased this Horampella estate for Rs. 120 million , and tried to sell it after dividing into plots , Mahinda Samarasinghe had disallowed it. This businessman had then sold this land to another trader . The latter is now preparing to divide the Horampelle estate land into plots and sell them . Mahinda Samarasinghe who refused to grant permission to divide into plots and sell had now permitted it. In this connection the bribe taken by Mahinda Samarasinghe is Rs. 10 million . In other words Rs. 10 million had transformed ‘ Mahinda crocodile’ into ‘Mahinda land reptile’.


What wonders bribes work on ‘Mahinda’ in Sri Lanka! 

Internal, External Conflicts DragRajapaksa Govt. Towards Destruction »

  • Getting Two-Thirds Majority For Divi Neguma Bill A Problem
The Sunday Leader

Sunday, January 06, 2013
Marred with internal conflicts the Mahinda Rajapaksa government is now heading towards a path of destruction.The internal dissentions within the governing UPFA are now gradually coming out in the open. Senior members of the government have commenced making comments critical of government policy and actions. Recent political moves initiated by the Rajapaksa government have continuously boomeranged in a big way. The concentration of governing power on a small group of people has irked a majority of the government for some time.
The disillusionment of senior government members was evident by the recent statement made by the General Secretary of the SLFP and Health Minister, Maithripala Sirisena.
Mahinda Rajapaksa, Basil Rajapaksa, Maithripala Sirisena and Rauf Hakeem
Sirisena has been facing many attacks against him from within the government. The simple reason for it was the support wielded by him amongst senior SLFPers. Given the current state of the government, Sirisena’s comment cannot be considered lightly.
Also, comments made by former Prime Minister and Senior Minister Ratnasiri Wickremanayake and UPFA parliamentarian Prof. Rajiva Wijesinha against the impeachment motion initiated against Chief Justice Dr Shirani Bandaranayake indicate that all’s not well in the Rajapaksa government.
In fact, the silence maintained by senior members of the government has not gone unnoticed by the decision makers in the government.
Most senior government members refrained from placing their signatures on the impeachment motion against the Chief Justice.
A clear division is now visible in the Rajapaksa government between the old and new guard.
The failure of the new guard to consult the old guard for its political wisdom is seen as one reason for the continuous failures of the government.
As pointed out by a senior government member, the Rajapaksa government has managed to create one major issue that has given a black mark to the administration. From the failure to implement the Lessons Learnt and Reconciliation Commission (LLRC) report recommendations, to the impeachment motion, the killing of prisoners in Welikada, the arrest of Jaffna university students, the government has been unable to tread a path towards creating political stability even four years after the end of the war.
Instead, the Rajapaksa government has found solace in the blame game where the media, opposition political parties and the international community have been blamed for ‘pulling its leg’.
Amidst all these issues, the internal conflicts in the government is now reaching bursting point and in need of immediate solutions.
No two-thirds majority
The internal crisis in the Rajapaksa government took a turn for the worse at last week’s Cabinet meeting. The government was dealt a severe blow with the sudden realization that it might not have the required two-thirds majority in parliament to pass the controversial Divi Neguma Bill on the 9th.
A few weeks earlier, Economic Development Minister Basil Rajapaksa emphasized to the Cabinet the need to pass the Divi Neguma Bill in the House with a two-thirds majority.
In order to pass the piece of legislation with a two-thirds majority in the House, the governing UPFA would need at least 151 votes in favour.
However, the government enjoys 161 seats in the House and the governing party was therefore initially confident of passing the Bill without a problem.
During last week’s Cabinet meeting, several governing party members, namely the SLMC and the three leftist parties in the government said they would not vote in favour of the Divi Neguma Bill, which they claimed interfered with powers vested with the provincial councils under the 13th Amendment.
The Rajapaksa government was hit by the reality that it would not have the support of 12 of its members – eights SLMC members and four leftist parties’ members – to pass the Divi Neguma Bill.
The government would be in such an event, be left only with 149 seats in the House, which is less than a two-thirds majority.
The SLMC and the leftist parties claimed that they would not be able to support the Bill unless the clauses that dealt with subjects under the provincial councils list were amended.
Soon after the Cabinet meeting, the UPFA in usual fashion started its negotiations.
The first to be approached was the SLMC. The party till late last Friday held a meeting of its High Command to decide on the party’s stance on the Divi Neguam Bill.
Dilemma
It is the SLMC that will be faced with a dilemma when deciding on its stand when the vote on the Divi Neguma Bill is taken in parliament.
The party had called for explanation from its members in the Eastern Provincial Council who had voted in favour of the Divi Neguma Bill and has even threatened disciplinary action against them.
However, it is the resolutions adopted at the SLMC convention held on December 29th at the S. De S. Jayasinghe Hall in Dehiwela that would pose a problem for the party representatives in parliament to find some excuse to vote for the Divi Neguma Bill.
Among the eight resolutions that were adopted at the convention are resolutions that called for more powers to be vested with the provincial councils and the assurance that the SLMC would oppose any move to undermine the provincial council system.
If the SLMC decides to vote in favour of the controversial bill, party leader, Justice Minister Rauf Hakeem would therefore find it difficult to justify to his party membership, the reason for the sudden U-turn in the party decision a few weeks after the convention.
Another matter that Hakeem would have to explain to his Muslim brethren is how his party could support a government that has not taken any action against attempts by certain extremist elements to create a communal backlash with the Muslims.
The recent incidents related to the Bodu Bala Sena, a group of Sinhala Buddhist chauvinists who have commenced a campaign against Muslims, has created much concern among the Muslim community and the onus is now on Hakeem and the SLMC to show whether they wielded any power as members of the government to prevent another communal backlash.
Acting CJ
Amidst all these issues, the government is once again considering the appointment of an acting Chief Justice.
Angered by the Court of Appeal verdict last week that the Supreme Court interpretation that the parliamentary select committee (PSC) could not probe a judge, the decision makers of the Rajapaksa government decided to go ahead with the impeachment proceedings.
It is learnt that the government is looking at appointing an acting Chief Justice soon after parliament debates the impeachment motion most probably on the 10th and 11th.
NFF Leader and Construction and Engineering Services Minister Wimal Weerawansa to feel the people’s pulse subtly put out the government’s decision. He said last week that a new acting Chief Justice should be appointed immediately.
He told a news conference that the present problem would develop into a constitutional crisis.
Weerawansa has accused the Chief Justice Dr. Shirani Bandaranayake of examining a case to which she was a party said it was unethical.
It is in this backdrop that some members of the governing party have said that the Chief Justice’s impeachment drama would soon come to an end.
Nevertheless, the government would still have the hurdle of facing objections by lawyers and judges in the event an acting Chief Justice is appointed by forcibly removing Dr Bandaranayake.
The Bar Association of Sri Lanka (BASL) has already passed a resolution that it would not accept the appointment of a new Chief Justice if Dr Bandaranayake were removed in an illegal manner.
The BASL members have even vowed to take the matter internationally in such a scenario.
The Rajapaksa government therefore would not find it easy to appoint an acting Chief Justice given the focus on the matter locally and internationally.
Ironically, the Rajapaksa government seems to have found an unlikely ally in the main opposition UNP.
UNP’s decision to not accept the Court of Appeal notice for its members of the PSC to appear before court was criticized by many opposition politicians including some members from the UNP.
The ‘unholy’ alliance between the government and the UNP in relation to the impeachment of the Chief Justice is likely to backfire on the UNP sooner than later, given that this year would also see several elections, at least at provincial level.
The UNP has received a black mark with some comments made by government ministers.
Youth Affairs Minister Dullas Alahapperuma last week expressed gratitude to the UNP for the party’s decision not to respond to the Court of Appeal notice. Even Weerawansa commented on the UNP’s decision not to appear in court.
He has said the UNP took a wise decision since it was a party that expects to form a government.
He pointed out that the JVP and the TNA that appeared in court as representatives of the PSC wanted to push the country towards anarchy.
The JVP however has vowed to take its fight for judicial independence to the streets and has organized a protest march and rally in Colombo tomorrow (7).
External conflicts
When considering the focus of the international community on Sri Lanka, it is evident that the Rajapaksa government has not been good with the timing of its decisions.
The Rajapaksa government is still in the review period of the US backed resolution that was adopted at the 19th session of the UN Human Rights Council (UNHRC) sessions last March.
The resolution is to be reviewed this March at the 22nd session and the Rajapaksa government has managed to add more issues to the list of concerns of the international community.
To add to the human rights concerns are now issues related to democracy and the independence of the judiciary.
It is unfortunate that a patriotic government like President Mahinda Rajapaksa’s is in fact paving the way for interference from the international community through its actions.
Comments by a UN official last week indicates that Sri Lanka would have to be well prepared to face the UNHRC in Geneva in March.
The UN Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, expressed serious concern about the impeachment proceedings against the Chief Justice and the recent attacks against lawyers who have been fighting for the independence of the judiciary in Sri Lanka.
According to information received by the independent expert, attacks and threats against members of the judiciary and lawyers, as well as interference in their work, have dramatically increased over the past few months.
“The recent steps taken by the executive and legislative towards impeaching the Chief Justice appear to be the culminating point of a series of attacks against the judiciary for asserting its independence,” Knaul said in a statement. “It is of high concern to me that the procedure for the removal of the Chief Justice of the Supreme Court is extremely politicized and characterized by lack of transparency, lack of clarity in the proceedings, as well as lack of respect for the fundamental guarantees of due process and fair trial,” she observed.
“I would like to reiterate that article 107 of the Sri Lankan Constitution, read together with Standing Orders of Parliament, is contrary to international human rights law, as already noted by the Human Rights Committee in 2003,” she stressed.
“Modifying the Constitution is essential to prevent political persecution of independent judges,” she added. “To be compatible with both the principle of separation of powers and international human rights law norms, disciplinary proceedings against judges should be conducted by independent commissions and guarantee full respect for due process and fair trial,” the UN expert stressed, adding, “I urge again the authorities of Sri Lanka to reconsider the impeachment of the Chief Justice due to the lack of due process and fair trial guarantees and to ensure that the judiciary can operate free from external pressures, threats or any interference.”
The Rajapaksa government has thus far ignored the concerns raised by the international community on the issue of the judiciary.
Be that as it may, come March, Sri Lanka would have a lot to explain in Geneva.

Daughters of India being raped: Whither Mother India?

Photo: ஒரு பெண் டெல்லியில் கொடூர மனித மிருகங்களால் வன்புணர்ச்சிக்கு ஆளாக்கப்பட்ட போது ஒட்டுமொத்த இந்திய பாராளுமன்ற உறுப்பினர்களும் கண்டனக் குரல் எழுப்பினர். இந்நிகழ்வு கண்டிக்கப்பட வேண்டியதே. 

ஆனால் தமிழீழத்தில் நூற்றுக் கணக்கான பெண் போராளிகளை கொடூரமான முறையில் வன்புணர்ச்சி செய்யப்பட்டு கண்களை கட்டி சிங்கள ராணுவம் சுட்டுக் கொன்றது. தமிழகமே கொந்தளித்து எழுந்தது . ஆனால் அதை இந்திய பாராளுமன்றமோ, இந்திய ஊடகங்களோ கண்டு கொள்ளவில்லை. 

மாறாக தமிழினத்தை அழித்த கொடுங்கோலன் ராஜபக்சேவிற்கு இந்திய அரசு அறுசுவை விருந்தளித்து மகிழ்ந்தது. இது தானா தமிழர்களுக்கு கொடுக்கப்படும் நீதி ? ஹிந்திய மக்களுக்கு அநீதி இழைக்கப் பட்டால் கொந்தளிக்கும் இந்திய நாடு தமிழ் மக்களுக்கு அநீதி இழைக்கப்படும் போது ஏன் கைகட்டி வாய் பொத்தி வேடிக்கை பார்க்கிறது ? மாநிலத்திற்கான அதிகாரம் கிடைக்கும் வரை இத்தகைய அநீதி இந்திய நாட்டில் தொடரும். 

Is this not a National Shame ? Powers are with the centre to punish the guilty . But the India govt misuses it's power and supports the guilty of war crimes and genocide. It is high time that Powers are shared to all Indian states to avoid injustice. 
TaMiL LoLz :p

TG
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The words of Mahatma Gandhi, India’s greatest son, ring true as India, the largest democracy on earth, reels from shock and shame following the rape and murder of a young woman last month. At independence, Gandhi said India would be truly free only when a womanwas able to walk freely and without fear, from Kashmir to Kanyakumari at midnight.
With Gandhi now largely confined to the rupee notes, India needs to launch its second independence struggle – a struggle which will liberate people from institutional injustices and prejudices.
Yet December 16, the day on which the ‘Daughter of India’ was gang-raped by six brutes, cannot be declared a day on which India lost its freedom again, because a woman is raped every 20 minutesin India.
A society that does not respect its women and does not treat its women with dignity only finds itself in the depths of darkness however advanced it may be economically. Male chauvinism or male superiority complex is a symptom of a sick society.
In ancient Persia, the warped philosophy of the Mazdekite movement declaredwomen and wealth — like water, fire and fodder — common to all men. With the powerful movement being given state patronage by Emperor Qubad, the whole of Persia was thrown into sexual anarchy and erotic crisis.
According to historian Tabari, the philosophy became so widespread that anyone could walk into anyone else’s house and take possession of the women as Persia plunged into chaos and corruption.
Modern society is fast hurtling towards a similar Mazdekitemayhem or something worse. In the world of unbridled commercialism, women are exploited and misrepresented. They have been reduced to exhibits by the capitalist world which markets its products through the vulgar display of women’s flesh, bordering on soft porn. In hardcore porn, which is freely available and easily accessible on the internet, women have no souls. They are dehumanised. Women exist only for one thing – sex.

If this is exploitation or sexploitation, degradation or dehumanisation of women, in other societies, on the pretext of protecting the dignity of women, they are made virtual prisoners. They are forced to wear a garb that reveals nothing buttheir eyes. Sometimes, even the eyes are not seen. A woman remains the virtual slave of her father, her brothers and her heartless husband. In such societies, women’s liberation is a taboo subject. Those whodare to promote such concepts can do so only at the risk of a bullet in their heads. In October last year, 15-year-old MalalaYousafzaiin Pakistan’s Swat area was shot and wounded by extremists who give a male-chauvinistic interpretation to Islam. Her crime: Taking education to girls in a region where the Taliban have forcibly closed girls’ schools because they believe that western education has a demoralising effect on society in general and women in particular. 
Violence against women is not confined to communities that refuse to be educated or enlightened. Even in the liberal West, women continue to be battered by abusive husbands. At a time when adherence to human rights is regarded as a key feature of a civilised society, it is sad if not shameful to note that human rights have become largely male-centred. An old English ditty, it appears, has still not lost its validity. 
A woman, a horse and a hickory tree
The more you beat ’em, the better they be.
Statistics show that in the United States a woman is beaten every 15 seconds. Nearly one in five women and one in 71 men in the US have been raped at some time in their lives, according to a report by the Centre for Disease Control and Prevention. If this is the status of women in a country with aneducated population, imagine the height of horror in developing countries. What’s more! A significant percentage of women in developing countries, including India, believe that their husbands have a right to hit them.
The rot, it appears, cannot be stopped. But the ruination can be delayed by reforms at individual, community, state and international level. 
At international level, it appears that the Universal Declaration of Human Rights has still not permeated universally. The United Nations Charter in its preamble insists that one of the goals of the organisation is to reaffirm the global community’s “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women”. One of the purposes of the UN is to promote and encourage respect for human rights and fundamental freedoms for all, without distinction as to, inter alia, sex.
With many countries observing the UDHR in the breach, the UN had to come up with a special convention to protect women – the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which is knownas the international Bill of Rights for Women. Sadly, though, many countries have still not ratified the convention or given legal effect to it in domestic law. Amnesty International in a statement observed that governments are not living upto their promisesunder Women’s Convention to protect women from discrimination, violence such as rape and female genital mutilation.
“Too often countries are failing to fulfil their international obligations regarding women’srights and the provisions of the Convention are often not enforced at the national level. This leaves women with no means to redress violations of their rights under the Convention…. Millions of women still have no right to live in safety, to think and express themselves freely and without fear, and to participate in the public life in their own countries …it is about time governments translated the human rights of women into reality,” AI said.
Under this convention, countries are required to submit reports for review by a committee – a practice similar to the Universal Periodic Review at the UN Human Rights Council.
A CEDAW committee in its review of India’s submission in April last year identified widespread poverty, social practices such as the caste system and son preference, as reflected in the high incidence of violence against women, significant gender disparities and an adverse sex ratio, as major obstacles to the implementation of the Convention in India.
It also noted that India did not provide adequate information relating to the implementation of some articles and the general issue of violence against women.
Obviously, one cannot expect India to mention widespread rape allegedly committed by Indian soldiers in Jammu and Kashmir – a region ravaged by a struggle for freedom from Indiasince the partition of British India in 1947 –in the CEDAW report.
According to the US embassy cables posted in 2010on the whistleblower website, Wikileaks, whose founder editor Julian Assange also faces what many analysts see as politically motivated rape charges in Sweden, International Committee of the Red Cross officials told US diplomatsthat India “condoned” torture and that “sexual penetration” formed part of the maltreatment of victims. The ICRC alleged that of the 1,296 detainees interviewed, 304 complained of sexual torture, including rape.
In another incident that allegedly took place in 1991, Indian soldiers were accused of raping women in the remote Kashmiri village of Kunan, after its men were taken to a detention centre for questioning. A New York Times report quoted a district magistrate in the area as saying that the armed forces”behaved like violent beasts.” They rampaged through the village from 11 P.M. on Feb. 23 until 9 the next morning.
“A large number of armed personnel entered into the houses of villagers and at gunpoint they gang-raped 23 ladies, without any consideration of their age, married, unmarried, pregnancy etc. There was a hue and cry in the whole village.”
Local people say that as many as 100 women were molested in some way.
However, the then Indian government dismissed the claims of such mass rape as “terrorist propaganda”. The denial only caused more outrage in this troubled region while international human rights groups believe that the allegations were credible.
If the horror on the moving Delhi bus which brought death to the 23-year-old medical student Amanat – not the real name but an honorary name given by Indians with conscience – and shame to India is not to be repeated, radical reforms are needed at state level too. Armed forces during their military operations to suppress separatist struggles and Maoist militancy must be punished if they violate the honour of women.
Asking women to carry chilie powder – an outrageous suggestion by Delhi’s police commissioner – is not the answer.
However, it is heartening to note the activism of the Indian middle class, which is politically reawakening though it is caught up in the capitalist trap of consumerism. Aided by a powerful media culture which has been empowered by a Right to Information Act, the Indian middle class by its activism has shaken the government and is successfully waging a battle against corruption.
Indian activists are demanding reforms that will end violence against women. It won’t be that easy in a country where caste is a curse. It won’t be easy in a country where female foeticide is still practised and the girl child is regarded a burden. Such misguided practices against nature have led to gender-related social chaos.
Cultural constraints and tradition that make a rape victim a social outcast and that allow the rapist to roam freely must change. Because of such prejudices, only 26 out of 100 rape cases end in convictions in India.
Kavita Krishnan, Secretary of the All India Progressive Women’s Association, says government and police officials have insisted that most rapists cannot be prosecuted in India, becausethey are known to the women attacked. Other officials have publicly suggested that victims themselves are “asking for it” by their use of freedom of movement.
The security of women is a major issue facing humanity. It needs to be dealt with by means of tough laws and social reforms aimed at eliminating discrimination against women. In a society like India where the mother is regarded as next to God and in some cases as God or above God, one only hopes that the present agitation for social reforms and tough laws will succeed. Mother India is not a movie; it’s a hallowed tradition that honours women.

An Open Letter to the SG on the Impeachment


( January 6, 2012, Hong Kong , Sri Lanka Guardian) An Open Letter from the Asian Legal Resource Centre to Honourable Mr. Ban Ki-moon, United Nations General Secretary

Honourable Mr. Ban Ki-moon
Secretary General
United Nations SA-1B15
New York, NY 10027
Sri Lanka Guardian
Fax: + 212-963-7055

Honourable Secretary General

Re: The plan to impeach the Chief Justice of Sri Lanka and imminent danger to the rule of law and democracy in Sri Lanka

Greetings from the Asian Legal Resource Centre (ALRC)

I am certain that your office is already aware regarding the critical situation undermining the rule of law and democracy in Sri Lanka that has developed by way of an open conflict between the Supreme Court of Sri Lanka and the Government of Sri Lanka. This conflict relates to the impeachment, by the government of the Chief Justice of Sri Lanka, Mrs. Shirani Bandaranatake.

The Supreme Court in its judgment dated 1 January 2013, has stated that the process adopted by the government for impeachment is unconstitutional and hence illegal. The UN Special Rapporteur on the independence of judges and lawyers has stated that the manner in which the Government of Sri Lanka is proceeding against the Chief Justice violate the principles of separation of powers; independence of the judiciary and the process is the culmination of a series of attacks against the independence of judiciary.

The ALRC is contacting your office fearing that within the coming five days that is by 11 January there will be such a drastic change within the political system of Sri Lanka, which would transform Sri Lanka's judiciary to a mere administrative organ without judicial powers, and hence will be unable to protect the liberty of individual citizens. The judiciary in Sri Lanka will be transformed into an instrument at the service of the executive.

Perhaps during your tenure in office you may not have been confronted with a situation where democracy and the rule of law is abandoned and dictatorship established through a parliamentary process. This is exactly what the Government of Sri Lanka is attempting to achieve in Sri Lanka.

According to the announcements made by the government, on 8 January the President will address the parliament on the report made by a Parliamentary Select Committee constituted by the government to impeach the Chief Justice. It is this process that the Supreme Court has declared invalid and as illegal and is against the fabric of the constitution. However, the government has announced that subsequent to the President's address to the parliament, there will be two days' of debate after which the issue of impeachment will be voted in the parliament. The government has more than the required majority to have the motion passed.

Since the Chief Justice is challenging the legality of her removal from office and the entire process held unconstitutional by the Supreme Court of Sri Lanka, the ALRC fears that the Chief Justice will be removed from office by force and a new Chief Justice who is willing to oppose the judgment of the Supreme Court appointed. The resulting chaotic situation will be disastrous to the rule of law and democracy in Sri Lanka.

Besides, since the Judicial Services Association and the Bar Association of Sri Lanka have categorically opposed the removal of the Chief Justice since the process is devoid of universally accepted safeguards, the government clashing with the judges and the lawyers of Sri Lanka is inevitable. It is most likely that many judges, lawyers and the members of the civil society will be arrested or otherwise their rights tampered with by the government.

Under these circumstances it is only an extraordinary intervention through your high office that could weigh upon the government, to persuade the government to withdraw from the disastrous collision course it has embarked upon against the judiciary in Sri Lanka.  If this fails, Sri Lanka will sink under a dictatorship and how long that will last is hard to predict. Condemning this event and the damage done after it has taken place will be of little practical use to the people of Sri Lanka.

Sri Lanka has been undergoing many political catastrophes since the past several decades, and the United Nations is blamed for its inability to make timely interventions to prevent such situations. We firmly hope that the present catastrophe would not have the same fate and that your office would use its mandate and the capacities that is available to your high office to make a decisive intervention on this occasion.

Sincerely

Bijo Francis
(Interim) Executive Director
ALRC

Annexe:
1. Judgment of the Supreme Court of Sri Lanka

For a complete dossier concerning the impeachment kindly see:www.humanrights.asia/resources/books/the-impeachment-motion-against-shirani-bandaranayake