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

Monday, January 7, 2013

HR violations still taking place in SL-Canada

Visiting Canadian Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney today expressed concern over accountability, human rights and lack of political solutions in Sri Lanka. He also said these factors are reasons for an influx of immigrants to Canada.
If Sri Lanka does not address issues related to human rights, accountability, political reconciliation, resettlement and judicial independence, Canadian Prime Minister Stephen Harper will keep away from the Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka, he said.
Minister Kenney said Prime Minister Harper had sternly emphasized that Canada would not compromise on its stance of maintaining superficial alliances with partner countries.

“We will not go along, to get along”, he said.
The minister said the lack of progress in the areas of human rights, accountability, a political solution to the national question and resettlement was acting as a catalyst for human smuggling activities and was forcing Sri Lankans to seek asylum overseas.
“The lack of progress in achieving a political solution, accountability for crimes committed during the last stages of the war, resettlement and human rights issues are some of the factors that are compelling individuals to seek asylum in Canada and this is an area of profound concern for Canada,” he said.
The minister said the deteriorating situation in the country was demonstrated by the increase in the number of illegal asylum seekers to Australia and Canada, in the post war period.
“There are more people trying to enter Canada and Australia through illegal means now, than during the period of the conflict – this is a demonstration of the worsening situation,” he said. (Dianne Silva) (Pix by Kithsiri de Mel)


Jaffna University reopens at the height of intimidation

[TamilNet, Monday, 07 January 2013, 12:45 GMT]
TamilNetProving to the entire world, how a single mind as that of Gotabhaya Rajapaksa’s, suffering from paranoia related to power and genocide but unchecked by the world, could take a realm of institutions and people such as a university, vice chancellor, education secretary, Bishop, military commander, deans, professors and students for a ride, the Jaffna University reopens for classes on Tuesday, sources in Jaffna said. At a meeting held by the VC of Jaffna University on Monday, student representatives and the university community decided to resume classes from 08 January, after an SL government intimidation was conveyed to them that if classes were not resumed immediately, the university would be declared closed for a year and then even after a year resumption would be doubtful. 

On Jaffna University matters, the SL Education Secretary J.B. Dissanayake was getting direct orders from SL Defence Secretary and presidential sibling, Gotabhaya Rajapaksa, informed sources said.

University of Jaffna
Releasing the students under detention, who stood for peaceful and democratic rights of students and of a people, was taken by Gotabhaya Rajapaksa as a personal challenge to his power and personality orientated to genocidal statecraft, informed sources further said, adding that there were intimidating bargains behind the screen.

A Jaffna university team met the SL Defence Secretary before meeting the Education Secretary.

The detained students would be released soon after the resumption of classes, the university circles were confident.

Student representatives announced that they would continue their struggle for their democratic rights and for getting the detained students released.

On Monday, the student representatives were allowed to speak to the detained students over the phone. 

The detained students, kept under a ‘rehabilitation’ programme of the genocidal military, were heard advocating for the resumption of classes. But, the university community did not take this seriously as Sri Lanka’s modus operandi on captives, doctors, victims etc., is known to every one. 

Unless the sovereignty and right to self-determination of the nation of Eezham Tamils are not going to be specified and recognized by the world, oppression and human rights violations taking place everyday and continuing infinitely cannot be stopped under the existing State in the island, human rights activists in Jaffna said.

Meanwhile, a group in TNA specialised in legal matters was playing a questionable game in not using even the available avenues in the legal system of the genocidal State in filing suitable cases, the HR activists in Jaffna said. 

The consent of parents is needed in filing such cases and the parents of two students who had come forward to give consent was in favour of TNA filing the cases. As the responsibility was with the TNA and as there were indications that the TNA would file the case, the other parties and civil rights movements kept quiet. But for unknown reasons, the TNA didn’t file the case, the HR activists in Jaffna further said.
38 thousand students abandon school in midway in year 2011 in Northern Province.

Monday , 07 January 2013
Shocking information reveals, more quantity of students leaving schools in the midway, after war came to an end   is the northern province of Sri Lanka.
 
Evaluations show, only in year 2011, one lack and 26 thousand students islandwide have left school in the midway. Out of the total figures, more are from the Northern Province.
 
Year 2011 statistics reveal 38 thousand and 321 students have left schools located in the Northern Province.
 
 
Eastern province comes in the second place students leaving in the midway. Approximately 24 thousand 614 students have left school in this province in year 2011 is according to Education Ministry.
 
Free education system is in existence in Sri Lanka, but students leaving schools in the midway is much disheartening was mentioned by Children Protective organization officials.
 
North and eastern provinces are affected by war, and due to poverty students are leaving schools in the midway is according to evaluations.
 
 
Children suffering from poverty are compelled to go for jobs. Further sufficient teachers are not prevailing in schools. Other fundamental requirements are not fulfilled, are the basic reasons for the students to abandon their education in the midway was pointed out.
 
Many undertakings have been taken to prevent students leaving in the midway, hence the students percentage leaving school in the midway in year 2012 got decreased was mentioned by Education Ministry.

Militarization in the North; Military point in Nallur kovil ground

Monday, 07 January 2013 
Adding yet another example to the militarization in the North, the military has reportedly set up a permanent security point in the Nallur kovil premises. The Nallur kovil is the main place of religious worship for people in Jaffna.

People in the area say that they were shocked to see a military point in the kovil premises when they had visited the kovil to engage in religious observances on January 1st.
The Nallur kovil is revered by Hindu devotees locally and internationally.
The kovil administration says that the police had earlier been stationed outside the kovil premises. It is learnt that this military point had been set up in the kovil premises on a directive by the Army’s Jaffna Commander Major General Mahinda Hathurusinghe.



I am Prof. Dr. S. J. Emmanuel

Born in Jaffna, Sri Lanka in 1934, is an eminent theologian and an academic. Since his youth, Father Emmanuel has always fought against discrimination, be it on the basis of caste or religion, against injustices anywhere and for all people. As a direct victim and witness to the ethnic conflict and war in Sri Lanka, since moving to Europe in 1997 in self-exile, Father Emmanuel has been lobbying support from the international community for the injustices faced by the Tamil people in Sri Lanka to bring lasting peace on the island. Father Emmanuel is President of the Global Tamil Forum (GTF).

“Allow our children to live freely” – MP Appathurai Vinayagamoorthy

Monday, 07 January 2013 
TNA MP Appathurai Vinayagamoorthy has said there was no basis behind the argument that there are “Tigers” still in the North when the Sri Lankan government continues to tell the international community that the war is over. He has questioned as to why the government wanted a large military presence in the North if the war was over and called on the government to “allow our children to live freely.”
The parliamentarian has made this comment in response to comments made by the Army’s Jaffna Commander Major General Mahinda Hathurusinghe to the media that about 1,000 former LTTE cadres were to be taken into custody to rehabilitate them.
He has added that the North and East areas are the homeland of the Tamil people and that there’s no armed struggle in the area. Therefore, the Tamil people believe that they should be able to live freely. The MP has observed that it could not be allowed to label Tamil youths as “Tigers” in such a scenario.
He has further noted that it was the military and military intelligence personnel who were responsible for most of the crimes in the North.
Suppression of youth in the North
Tamil youth are being continuously apprehended under the Prevention of Terrorism Act (PTA) following direct orders of Defence Secretary Gotabhaya Rajapaksa. About 48 youths have been taken into custody and detained under the PTA in the last month. Meanwhile, Army’s Jaffna Commander Major General Mahinda Hathurusinghe has told the media that 1,000 more Tamil youths were to be taken into custody.
There are currently four Jaffna University students detained at the Welikanda army camp being rehabilitated.


Sri Lanka: Four years since Lasantha’s assassination, the culture of impunity reigns


Sri Lanka: Four years since Lasantha’s assassination, the culture of impunity reigns

Sri Lanka Guardian

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 by Sharmini Boyle  and   Sunil jayasekara
( January 7, 2013, Colombo, Sri Lanka Guardian) It is exactly four years since Lasantha Wickrematunga, the former editor of The Sunday Leader, was murdered. The proverbial 'unidentified gunman' who killed him and dozens of our colleagues still reigns.

Today the Free Media Movement(FMM) commemorates not only the death of Lasantha Wickrematunga but also all Sri Lankan journalists who were killed by the same 'unidentified gunman'. At the same time, FMM calls on civil and political society to take the lead in abolishing the killer politics that create and foster murderers and the culture of impunity that allows killers to go scot-free.

The murder of Lasantha Wickrematunga marked the symbolic climax of the unprecedented media suppression that prevailed in Sri Lanka during war time. Though, it has been four years since this murder, committed with the absolute intention of suppressing the media, his killers roam freely within society. The state sponsored culture of killing that claimed him, continues to terrorizie society. The Government’s patronage culture of impunity allows not just the murderer of Lasantha Wickrematunga, but also hundreds of other murderers to roam free.

In a society where the culture of the killing of human rights activists and journalists prevails,  there is no place for dissent or political criticism. This is the frightful reality we experience at present. And this is the context in which we commemorate the fourth death anniversary of Lasantha Wickramatunga. On this occasion, FMM re-emphasises the importance of bringing the culture of impunity to an end.

The “unidentified gunman” who stalked two senior lawyers, Wijeyadasa Rajapakshe and Gunaratne Wanninayake, during the past few weeks, has now shot dead the politician Hasitha Madawala. It is the same “unidentified gunman” who attacked the Secretary of the Judicial Service Commission, Manjula Thilakaratne with a pistol, and unleashed a deadly attack on the editor of the Jaffna based Udayan newspaper, Gnanasundaram Kuganadan.

Today, the “unidentified gunman” has become powerful enough to stalk Judges, lawyers, journalists and any dissenter, with murderous intention.  It is no secret to the people of this country why this “unidentified gunman” will never be arrested.  In short, it is a state secret.

FMM would like to recall that Lasantha Wickrematunga died bravely, fighting for the freedom we  all long for today. Four years ago, the shots fired by the “unidentified gunman” silenced   not only Lasantha Wickremathunga but also free expression.  In a country where freedom of the press is suppressed, protecting and strengthening peoples' rights becomes harder because there is no powerful voice to defend those rights.  Whether it is ithe independence of the judiciary, right to life of prisoners, students' right to protest or any other basic right, this is the situation we  face today.

On this fourth death anniversary, in the name of all our colleagues who sacrificed their lives for the right to free speech, we appeal to all those concerned to prioritise the issues of abolishing the culture of impunity and re-establishing freedom of expression in Sri Lanka.

Batticaloa Bishop slams collaborators, Jaffna Bishop eulogises SL military

[TamilNet, Sunday, 06 January 2013, 20:36 GMT]
TamilNetWhile the acts of Eddappans (traitors) betraying others for self-interest and contributing to violence are not going to end, we find even non-violent struggles demanding just rights being suppressed by military might. This has become the daily routine in Ilangkai. Authoritarianism is at its height here. Despite the development propaganda aimed at the outside world, freedom and human rights are yet to reach our people. The underlying factors [of the conflict] remain unresolved as ‘sleeping fire’, said the Bishop of Batticaloa, Rt Rev Joseph Ponnaiah in his New Year message in Tamil, broadcast by Vatican Radio on 30 December. Meanwhile, the Bishop of Jaffna addressing in English the Christmas Carol organized by the occupying SL military in Jaffna, was “grateful” to the SL government and military for “all the beautiful services they rendered to our people.” 

The Bishop of Jaffna, Rt Rev Dr Thomas Saundaranayakam addressed the function organized by the occupying Sinhala military at the church of Our Lady of Refuge in Jaffna on Wednesday, 02 January.

The SL military has also arranged a similar fete in Vanni on 21 December in which the Bishops of Jaffna and Mannaar, along with other religious dignitaries were present with the occupying military officials.

The Sri Lanka Army website claimed that Wednesday’s function in Jaffna was organised in partnership with the Bishop of Jaffna. 

A Large number of Tamil children were brought to attend the function and to receive presents from the genocidal military. 
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Rt Rev Dr Thomas Savundaranayagam
Bishop of Jaffna Rt Rev Dr Thomas Savundaranayagam
“As we celebrate this feast of Christmas, we are also grateful to the government and also the SL Army among us for all the beautiful services they rendered to our people. I want to thank our Maj Gen Hathurusinghe for organizing this beautiful evening of carol singing. We experience a joy of Christmas,” said the Bishop of Jaffna addressing the gathering full of children.

“We also want to thank the government for all that they are doing to develop Jaffna after years of war. We know that it is not easy task. But, nevertheless we have seen for ourselves the things that are being done and still there are things to be also fulfilled,” the Bishop of Jaffna certified the ‘development’.

The violence the Bishop saw was only internal in the society: “During this feast of Christmas there are also some dark spots. We are increasingly worried about the violence that is among our people, especially the young. Adding to this also the menace of drug and alcohol that is being consumed increasing this violence. Therefore, people of all responsibility, they have to assist in destroying this menace from our society because of all the evils it brings to us,” the Jaffna Bishop said.

“At the same time, we also want to say that the parents are not very happy regarding the university classes not being conducted. Long vacation, long holidays. Therefore, we appeal to the government also to re-open the university and conduct the classes for the best of our students,” the Bishop said.

“We also want to reiterate here that we don’t want the war again. Absolutely, we are against the war. We don’t want the war to take place once again, with all its violence among us. But, at the same time also, we request the government to accept us as equals,” the Bishop of Jaffna was pleading.





Rt Rev Dr Joseph Ponniah
Bishop of Batticaloa Rt Rev Dr Joseph Ponniah
Striking a sharp contrast, the Batticaloa Bishop said in Tamil that the Catholic Church, on its own, and along with the leaders of other religions, has voiced against [the dictatorial situation], but that only fell into deaf ears.

The Batticaloa Bishop said that it was “Chevidan kaathil oothiya Changku” (the conch blown into the ears of a deaf).

Describing the situation, the Batticaloa Bishop said in Vatican Radio that any voice of protest means prison or banishment (“Im en’raal chi’rai vaasam; ean en’raal vanavaasam”: Prison for uttering hmm and banishment to forest for asking why).

People suffer without being able to either talk it out or gulp it in (Me’l’lavum mudiyaamal, vizhungkavum mudiyaamal), the Batticaloa Bishop said, adding that the unresolved situation is only a dormant fire (“Nee'ru pooththa neruppu”: Ash covered cinder).

SAUDI ARABIA/SRI LANKA: The imminent danger of the execution of Rizana Nafeek

January 7, 2013
According to the news received from Saudi Arabia Rizana Nafeek, who has been the Dawadami Prison since 2005 may be executed at any moment. This was revealed to the BBC Sinhala Service by Dr. Kifaya Iftekhar, who is based in Saudi Arabia and who has been looking after the interests of Rizana for several years now. Dr. Iftekhar also said that the Sri Lankan government has been informed by the Saudi authorities of the possibility of her impending execution.

For several months now the Sri Lankan government has been reporting that moves are underway for Rizana's release and that this may happen at any time. However, it appears that these announcements were made only to appease the strong expressions of concern by the Sri Lankan and international community's who are calling for her release. The government has not been able to conduct diplomatic negotiations with the family on the deceased infant that has the power to grant pardon. Such pardon is usually granted either on the payment of blood money or without such payment by the generosity of the family. 

Dr. Iftekhar told the BBC Sinhala Service that there is still room for assisting Rizana Nafeek and saving her life. 

The Asian Human Rights Commission has campaigned for Rizana's release since 2007 when her case was brought to the notice of the world. A vast movement arose within Sri Lanka to demand her release and there was also massive support for her release from the human rights community and particularly from women's movements. Many signature campaigns were conducted on her behalf and websites opened by various concerned groups to rally support for her. 

The Asian Human Rights Commission once again calls upon everyone to intervene and write to the Saudi authorities urging them to grant Rizana pardon. 

We once again call upon the president of Sri Lanka and the Sri Lankan authorities to take effective action to conduct negotiations and also to renew diplomatic efforts to save her.

For further information on Rizana's case please see the AHRC dossier here.

What’s Wrong Here In This Land Of Gauthama Buddha ?


1.8 Billion-------Dalai Lama---Sri Lanka is No. 1 nation in ‘sex’

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“WAR: Women Against Rape”
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What’s Wrong Here In This Land Of Gauthama Buddha ?

Colombo TelegraphBy Kusal Perera -January 7, 2013 
Kusal Perera
Count seven days more and the more than two months old diatribe on the independence of the judiciary should come to a close with the exit of Shirani Bandaranayake as CJ, not because she is proved wrong or proved at fault, but, because the Rajapaksa regime decides she has to go. Who the next public “servant” to sit on that chair would definitely be as fancied by theRajapaksas and not on merit. Beneath all that evolving chaos about an independent judiciary, there was this human tragedy, less talked about and never taken as an issue.
“WAR: Women Against Rape” read the caption to the front page photo in the ST of today (06 January, 2013).
The photo was not one from Delhi, though. It was from a protest event organised in Colombo by the UNP’s ladies, called “Lak Vanitha”. They had wanted to register their solidarity with Indian women, protesting against the recent gang rape in New Delhi.
India is still groping about, trying to understand why such humanly unimaginable, gruesome acts of violence and rape are committed against their own women. They burst into mainstream debate after a 23 year old para medic was gang raped, beaten to pulp and thrown out of a private bus in New Delhi, on 16 December, 2012 to succumb to her injuries 12 days later at Mount Elizabeth Hospital, Singapore. All expenses taken care of by the Indian government that had to. The swelling tide of protests across India had to be heeded by the government, with accusations the police were far too callous in their handling of investigations.
While the Delhi gang rape was garnering protests, another teenager gang raped in Patiala, Punjab committed suicide on 26 December. The news hit the media to stir more anger across India. Pressured by a police sub inspector and the suspects who forced her to either withdraw the complaint or marry one of the suspects, the teenage girl had left a note in desperation, before consuming poison. The Indian middle class was not going to digest such vulgar humiliation in comfort and leisure. Their fuming anger was on the streets.
They now demand stronger laws, better and efficient policing and discuss whether capital punishment could be the right punishment for the guilty. A young student protester at the “Delhi Gate” was quoted in Indian media as saying, “These murderers should not be sent to gallows….they must be tortured to death. They should know her pain before dying”. There were also those who wanted the guilty publicly humiliated and insulted for a few months, labelled as rapists. Capital punishment they say, have not been an answer all these decades.
Three weeks into protests and still going in India, Kathmandu had also woken up. Women in large numbers stormed the Prime Minister Baburam Bhattarai’s residence on 01 January, in what was tweeted as “Occupy Baluwatar”, the high end of Kathmandu’s residential area. Women were demanding justice to a 21 year old woman returning from Saudi Arabia who was reported as gang raped, robbed by some Immigration officials at the Tribhuvan airport and threatened with death too, by a police officer.
So is it in Dakha, Bangladesh. Women came on the streets against gang rapes and sexual molestation said an activist, Sultana Kamal of Ain o’Salish Kendra (ASK) quoted in “The Guardian” UK. Protests in Delhi have inspired women across the South Asian sub continent, said a report filed in “The Guardian” UK on 04 January, 2013. It opened its story with the line, “Demonstrators in Nepal, Sri Lanka, Pakistan and Bangladesh join protest movement against sexual violence.” Yet there was nothing about Pakistan and nothing about Sri Lanka too in that news report.
Why aren’t those ladies from “Lak Vanitha” who gathered in Colombo for their protest event, acknowledged in The Guardian report ? Their “Colombo event” differed very much from all other protests and protesters in India, Nepal and Bangladesh. Their Colombo event was not about their own mothers, sisters and daughters. Remote Kahawatte in the Pelmadulla electorate though not that far as New Delhi, was out of their map. Fifteen women, young and old, murdered in cold blood in 05 adjoining villages around Kahawatte over a period since 2011 February and according to some reports raped too, wasn’t good enough to stir their conscience. They had not been woken up by any of the sensational reports about Akuressa PS Chairman being taken into custody over an alleged rape of a 14 year old girl and released on bail. Not after its Deputy Chairman who is also now out on bail, was accused of sexual molestation of a young girl. From Tangalle a report in June 2012 that had also gone without notice by them said, a 13 year old girl had been continuously raped by about 19 influential businessmen and politicians for over 10 days, moved from place to place, before she was finally handed over to the police by another, who had also raped her. The latest here in the South was again from near Kahawatte, where an under aged girl in Balangoda was reported to have been gang raped.
These were all in the Sinhala South and almost all cases were committed by Buddhists too. A fact, this Sinhala society would not want to accept in public. Therefore this society would not want to know details of and how many Tamil girls and women have been allegedly raped in the North-East though there are open accusations of organised rape, especially in Jaffna and the Vanni area. In Mandatheevu, villagers protested against a 04 year old girl who went missing on 26 December last when on 03 January was found killed after being raped. Jaffna DIG Eric Perera had told the media just last week that 06 complaints on rape against young girls were recorded in Jaffna during the week. The accusations on rape, sexual abuse and harassment are so loud, regular and continuous, there has to be serious campaigning for independent investigation of these allegations.
Last year, on 05 July, the police media spokesman SP Ajith Rohana told the media, during the first 06 months of that year (2012) the police had received over 900 complaints of rape and abuse of women and children. Ajith Rohana said there is much concern over increased number of rape and sexual abuse against children with 1,160 out of over 1,700 complaints received in 2011 being complaints on rape and sexual abuse against children.
Why is it, here in Sinhala society, there is no such protests as there is across the Palk Straits and beyond ? We perhaps don’t have “social activists” and “opinion makers” as in neighbouring countries. We have instead “tragedy marketeers” not much different to any “Brand Manager” in the corporate sector. Those who would only create events out of tragedies for cameras and voice recorders. There are random, sincere statements made too, for a sanitised middle class to wake up. Excuses too thrown out that say, we have been hardened and gone immune with decades of violence and a brutal war. Reasons accepted or not, we have certainly not taken any issue seriously, as they should be taken. Not even mega corruption that in real terms would be plunder and looting, that in India threw a massive middle class protest movement challenging the government and proposed amendments to the “Lokphal Bill” on corruption.
What’s wrong here ? It can not be that we have been “hardened” and gone “immune” in a few decades of violence and war. It can not be that we have been living in a “denial mode” without good reason, for a society would not go on a denial mode for long, that way. If we are that hardened against and immune to 1,160 cases of sexual abuse and rape of children, if we are in a denial mode not wanting to react to brutality and crime against women and children, how did “Lak Vanitha” get activated in 24 hours, over a single gang rape in far off India ? What debars them from speaking against our own victims of rape and murder, not just one, but every where ?
Over 2,500 years of Buddhist dominance that is claimed to have fashioned a tolerant, peaceful culture based on “compassion”, “universal kindness” and “selfless joy”, can not in the first place be immune and hardened to  rape of children and women continuously and with brutality. A society rooted in Buddhist culture can not go into a denial mode and watch criminals and rapist prey on mothers, sisters and daughters with hardly any one protesting. IF tolerance, peace, compassion and everything good said about Buddhist culture is rooted in our society, it can not produce rapists and murderers from its own social belly of compassion, universal kindness and selfless joy. What then is this callous disregard for all crimes and brutality around us ? Disregard for all rape and murder of women, young girls, children and even toddlers ?
Most say, the 30 year neo liberal economy, its fast track consumerism leading to selfish competition has destroyed the values of our long held social culture. But that can not be more in rural society than in cities. Competitive, tireless days which turn out stressed out isolated humans in a neo liberal economy are more in urban middle class society than in rural peasant life. SSP Ajith Rohana as police spokesperson, talking of increased cases of child abuse and rape, said access to internet and electronic media, both facets of neo liberalism, is a major reason. Internet often becomes the poor flogged horse for crime. But rape and murder of women in Kahawatte, those in Tangalle and Akuressa, in Mandatheevu, those 1,160 child victims quoted by SP Rohana, can not be all trial runs by “tech savvy” youth trying to play macho kids like in cyber world. And they are not in the majority, reported from urban society too.
In India, though the demand is for stronger and stricter law with harsher punishment, their problem lies far deeper in their extremely feudal, macho culture that law alone would not prevent. A culture that for centuries turned out men as far superior to women. A culture that demanded the widow to kill herself in the pyre of a deceased husband. A culture that demeaned and disgraced women and denied women the right to a married life without a “dowry”. Its in such cultural context the “male mindset” is nurtured and created within Indian families. It is just “natural” therefore to treat women the way Neera Chopra said she was treated, after her second daughter Pooja was crowned Miss India 2009. The Indian policeman therefore would not have a different perception of a woman, than any other man who would not want to treat a woman, as equal in larger India.
Not so here in Sri Lanka. Our culture does not have such marked macho reflections as deep as in Indian life. But, there is a fundamental error within our long held culture too, and has to be accepted as horribly negative and passive. There is definitely a savage contradiction in adopting to a modern world that demands decency and discipline to be understood differently and a social responsibility in accommodating every one’s right to safe life. That therefore needs serious and open dialogue, for here in Sri Lanka too, the answer is not as easy as getting back to capital punishment, as Minister Tissa Karaliyedda and many others would want to propose

CPI questions communist parties of Russia, China, Cuba, on Tamil issue

[TamilNet, Monday, 07 January 2013, 00:23 GMT]
TamilNetWhat is the position of the Communist Party of Russian Federation (CRPF)? What is the position of the Communist Party of China (CPC) and what is the position of Cuba, asked Communist Party of India’s (CPI) National Secretary D. Raja, bringing the issue of international investigation on Sri Lanka at the round table of experts from different communist parties of the world held in Moscow last month. “You comrades have to reconsider your position and voice your concerns in favour of Tamil people in Sri Lanka,” Raja urged, expressing concern over the lack of understanding among the communist parties on the issue. In the contemporary history a massacre of people in such a scale happened nowhere. It was genocide of Tamils in Sri Lanka, Raja told the world communist parties. 

Full text of the relevant part from the speech of D. Raja at Moscow, appeared in New Age, CPI’s Weekly, dated December 30 – January 5, pp 4-5, follows with protests of TamilNet against the use of the phrase “Sri Lankan Tamil.” 

The imposed identity is resented by Eezham Tamils and their resentment has been democratically registered by their endorsement of the Vaddukkoaddai Resolution in 1977 and by its re-endorsement in the diaspora in 2009–2010.

The relevant part of Raja’s address:

Sri Lankan Tamils Issue

D. Raja
The communist parties must have better coordination and cooperation on issues such as solidarity. But there exists differences on some issues and lack of understanding. For instance the Sri Lankan Tamil issue is a matter of concern for the Communist Party of India (CPI). In the name of fighting terror the Sri Lankan government launched a full scale war on Tamils. In the contemporary history a massacre of people in such a scale happened nowhere. It was genocide of Tamils in Sri Lanka. UN took note of it and UNHRC at Geneva passed a resolution. There is a genuine demand for an international investigation into war crimes and human rights violations. What is the position of CRPF? What is the position of CPC and what is the position of Cuba? You comrades have to reconsider your position and voice your concerns in favour of Tamil people in Sri Lanka.

‘We Have Dealt With Terrorists – These Judges Are Nothing For Us’ – Minister Weerawansa

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 Former shotgun terrorist appointed to the PSC to impeach Chief Justice                                                                 

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 Weerasankkili is falsehood personified yet his protruding tongue unable to hide the truth 

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‘We Have Dealt With Terrorists – These Judges Are Nothing For Us’ – Minister Weerawansa

imageBy Basil Fernando -January 7, 2013
Basil Fernando
Colombo TelegraphA government’s spokesman, Minister Wimal Weerawansa, was quoted in theBBC Sinhala Service today saying that the judges who have issued summons on the Parliamentary Select Committee will be called before the parliament to answer under the parliamentary privilege provisions of the constitution. He went on to say, “Now NGO fellows will catch Shirani Bandaranayake and try to bring contempt of court charges against us. We are not afraid of that. We will suggest as soon as these things is over [referring to impeachment] that all the judges who have been giving decisions against us should be called to the parliament under the parliamentary privileges. We should take the highest steps that can be taken against them under the parliamentary privileges. There is no judicial power to be raised against the parliamentary  anywhere in the world. There is no power to obstruct the place [the parliament] which enjoys the people’s sovereignty.” He accused Shirani Bandaranayake, the Chief Justice, of using the Supreme Court for political purposes.
The threat of using parliamentary privileges against the judges of the Supreme Court and the Court of Appeal, who have issued summons and made decisions in cases which have been raised recently relating to the impeachment issue, marks a further step in the attacks against the independence of the judiciary in Sri Lanka.
The government’s attack goes into a very basic questioning of democratic principles, upon which the separation of powers and the independence of the judiciary is based.
The government thinks that the people’s sovereignty rests in the parliament and that the judiciary has no power to question anything that is done by the parliament. The assertion that the sovereignty of the people rests on the parliament alone is a deviation from the basic constitutional principle that the sovereignty of the people is expressed through all the three branches of government; the parliament, the executive and the judiciary.
The attempt is to treat the judiciary as if it is not a separate branch of the government but rather a subordinate institution to the parliament.
The comparison of judges, who have made some judgments against the impeachment methodology followed by the government, with terrorists is again an indication of the changes in the mentality of the government on the question of the separation of powers and the role of the judiciary. The judiciary’s role in the interpretation of laws and its right to declare legislation or administrative action of the government as being in conflict with the constitution is being compared to terrorism.
This entire framework of thought, promoted by Minister Wimal Weerawansa and several other spokesmen for the government, is to relegate the judiciary into a position that is outside the government, even as an opposition to the government.
The debate that has developed in Sri Lanka is therefore a very fundamental debate relating to what the basic structure of the state in Sri Lanka should be. The government is quite earnestly pursuing claims that the executive acting through the parliament is the basic structure of the government, and that the judiciary is an external entity. The attempt is to turn the judiciary, through force if necessary, into a subordinate of the executive, rather than a separate branch of government.
Naturally, the judiciary (such as in the Supreme Court’s judgment on the 1st of January, which was an interpretation of the constitution  made at the request of the Court of Appeal) is asserting the basic principles on which democracy and the rule of law is based.
The government, in trying to assert that executive actions taken through the parliament are alone the state, are undermining the very foundations of the rule of law.
The government is attempting to give a basis to its power without reference to the notion of the supremacy of law. The government’s claim is that it can define its own power structure without any reference to law or, in other words, the government is claiming that what it declares is law, and in making such a declaration it does not have to refer to the existing structure of the legal system as a whole.
What we have in Sri Lanka now is a fundamental crisis of rule of law itself. The implication of the government’s interpretation of its power is that whatever position it takes is the ‘law’ and that in doing so it does not have to make any reference to the existing law.
The implication of the government’s position is that their rule means making pragmatic arrangements in whatever way they wish and whenever they wish, irrespective of total structure defined by law within which the government has to function.
Through the attack on the judiciary, what is really being attacked is the idea of law itself. The government sees law as a series of pragmatic arrangements that do not have to relate to an overall legal structure and legal principles. Thus, the constitutional crisis that exists now is one that the executive has created for itself. It wants to bulldoze its way with the rogue 2/3 majority it has in parliament, irrespective of whatever conflicts it is creating with the overall structure of the legal system. The executive is behaving like a train driver that wants to run on or outside the railroad . That is how it has created these crises.
The government tried to blame the crises they have created for themselves on the judiciary. They cannot comprehend that all that the judiciary is doing is calling attention to the overall framework of the legal structure and pointing to where the government has derailed itself.
All this points to the fact that the total crisis that the government has created for themselves will not go away by the way they deal with the impeachment issue. In fact, the impeachment issue is only a small part of a much bigger and a complex crisis. All the propaganda that is created through the state media, making the Chief Justice, the other judges, lawyers and everyone who is calling for adherence to the rule of law into scapegoats, will in no way take the government outside the complex crisis that they are faced with.
The government’s problem is not the Chief Justice or anyone else. In fact, the executive’s crisis is itself. The end of the “war” has brought this crisis to the surface.
Instead of blaming the Chief Justice and others, the executive must looks itself in the mirror. It will see itself in chaos due to measures it has itself created.
The overall legal structure of Sri Lanka is not something that the executive will be able to get rid of easily. In every move it takes with that purpose, it will get itself far more deeply entangled with deeper problems and deeper conflicts.
If the executive does not look in the mirror, then no amount of blaming others will get the executive out of this mess.