Friday, January 25, 2013

The Struggle to Go Home in Post war Sri Lanka: The Story of Mullikulam

Salem-News.com-Jan-24-2013

Their struggle to return home continues.

Mullikulam in the district of Mannar. Photo courtesy National Fisheries Solidarity Movement

(COLOMBO, Sri Lanka GroundViews) - In 2011, a young Advanced Level student from Mullikulam in the district of Mannar, living as an Internally Displaced Person (IDP) in a camp in Thalvupadu, Mannar, shared with me an assignment she had done about her village and effects of displacement. She proudly described the richness of her hometown in terms of natural resources, culture and traditions. But soon, her mood turned to one of despair as she asked me and a priest who was accompanying me, when they could go home.

Neither of us had an answer for her. We were both aware that Mullikulam had been under military occupation since September 2007. We have been visiting the people of Mullikulam on a regular basis since the time they were forcibly evicted from their village by the military, having being given very little hope of returning.

But inspired by the loving manner in which the villagers spoke about their village, and the teenager’s efforts to document the rich history of the village, the priest and I thought we could perhaps assist these villagers to write the story of their village. Both, the villagers and the Bishop of Mannar welcomed the idea, and pledged their continued support. I was working with Law & Society Trust (LST) at that time, and so approached two trusted and committed friends to join my team at LST, in carrying out hands-on research and writing. They assisted with documenting the story of the village, working closely with the villagers and Church leaders. In the process, we became friends and became involved in their struggle to return home.

Even through their utmost poverty and despair, we always received a warm welcome from the villagers. They never got irritated at our questions, nor failed to feed us and quench our thirst. Last Sunday, they even offered us a delicious lunch despite clearly not having enough food for themselves.

In May 2012, they were able to negotiate with the Navy to allow a newly ordained Priest to celebrate his first mass in the village. I was also invited and eagerly joined in the celebration. It was in a way a high point in my relationship with the villagers. I experienced once again the deep attachment to the village and the church these villagers had. But it was sad to see women and men holding on the barbed wire fence pout around the church to restrict access to the village. I saw villagers were looking lovingly at their own houses, cooperative store, community centre, school and other buildings that was within a few feet, but they were not allowed to access as it was occupied by the Navy. Though I was warmly welcomed by the villagers, I certainly didn’t feel much welcome from the Navy, who had surrounded the church and constantly watched me and my friends, and later questioned us, taking down our names, addresses etc.

In June, I received several calls from Mannar asking me when I planned on visiting Mullikulam as people had decided to go and settle at the edge of Mullikulam. I was finally able to go last week. As I spent a Sunday with them, first in their Church surrounded by the Navy, and then in their new abode in the middle of the jungle, I felt I had to write about my journey with them; what I had learnt, what I had seen, heard and felt. And about the struggle of the villagers to go home. Much of what I share is also the result of a collaborative the research by my team during my time at LST with the Mullikulam villagers and Church leaders in Mannar.

The story is not complete yet, as their struggle to return home continues. I hope that someday their whole account will be published.

Legality of occupation Read Full Article

India should take the entire responsibility for the disappeared persons. Gottabaya blames

Friday , 25 January 2013
At the final war in Vanni, those who were taken accountability and registered by the forces none got disappeared. But those came to the military controlled areas, at the final war phase, reported to Indian hospitals and International Committee of the Red Cross, and were registered with the ICRC and in the “Indian hospitals hence concerning them, India and ICRC should take responsibility.

Such statement was made by Defense Secretary Gottabaya Rajapakse.

Regarding the recommendations made by the government appointed Reconciliation Commission, the military investigation council which was appointed by the Military Commander, handed over the report to Defense Secretary and concerning this an event was held at the Defense Ministry.

During the event, questions were raised by reporters, concerning the missing persons, the above statement was stated.

He further said a country where war was in occurrence, persons getting missing, dying and getting wounded are normal issues. Due to the past 30 years of war prevailed in the country, 3000 soldiers from the military went missing. We are not aware what has happened to them.

Meanwhile during the two and half year’s period war was in occurrence, six thousand soldiers from the military died. 20 thousand were injured. Thousands got handicapped.

War was held between two sectors in a prescribed locality and there is possibility of deaths of those got trapped. There are possibilities of getting disappeared.

During war period, Tamil Eelam Liberation tiger’s occupied 100 percent land in the north. Many were forcibly taken by that movement for terrorism activities. They may have died during war, but still there is no information concerning them.

Those came during the final war to the military controlled areas; the ICRC and Indian hospitals took responsibility and later handed over them to forces.

Those brought by the forces were taken over after registration. Those who were registered did not get lost until now. If they had gone missing, they would have gone missing at the time they got surrendered to the Indian hospitals or International Committee of the Red Cross or before that time was mentioned by him.

Bilingual national anthem violates Constitution – JHU

By Umesh Moramudali

Government constituent party, the Jathika Hela Urumaya (JHU), yesterday claimed that singing the national anthem, in both Sinhala and Tamil, during national ceremonies will be a gross violation of Sri Lanka's Constitution.

JHU Deputy General Secretary, Udaya Gammanpila, told Ceylon Today that the Constitution highlighted the national anthem should be sung during national ceremonies only in the Sinhala language as it is the native and exclusive language in Sri Lanka.
"Sinhala is the language that emerged in Sri Lanka. Tamil and other languages did not.

herefore during national ceremonies including the Independence Day celebration on 4 February, the national anthem should be sung in Sinhala. However, the national anthem can be sung in Tamil during Tamil regional ceremonies and in the areas in which the majority is Tamil, as it will help the Tamil people to understand the meaning of the national anthem," he said.

Gammanpila went on to say that this is only a proposal by a minister, and being a part of the government, the JHU will express its views in this regard at the cabinet meeting as well.

On 23 January, Minister of National Languages and Social Integration, Vasudeva Nanayakkara suggested to President Mahinda Rajapaksa that the national anthem should be sung with lyrics in both Sinhala and Tamil.

New version of national anthem proposed

Vasu, A Man Of Your Caliber Needs Not Fear The Thunder

Minister of National Language and Social Integration, leader of the Democratic Left Front, Vasudeva Nanayakkara who is an Attorney at Law himself who had dedicated his life since 1970 to active left wing revolutionary politics delivered a speech at the debate on the 11th January 2013 which gave the impression that he is suffering from fatty degeneration of conscience.

I am sorry that I have to say this, I just cannot imagine that you of all at this stage of one’s life taking into consideration the long years you had dedicated to the left movement and the trade union movement with stalwarts like Dr.N.M. Perera, Dr Colvin R. de Silva, Leslie Goonawardena, Dr.S.A. Wickramasinghe, Pieter Keuneman, M.G. Mendis and Robert Gunawardena for merely to survive few more years of a luscious life could betray the general masses.

By Shamindra Ferdinando-January 23, 2013

A parliamentary committee has proposed a new version of the national anthem to be sung in both Sinhala and Tamil at the 65th Independence Day celebrations in Trincomalee on Feb 4.

National Languages and Social Integration Minister Vasudeva Nanayakkara yesterday told The Island that the committee, which met under his leadership, decided to make the proposal to President Mahinda Rajapaksa.

Asked whether the committee would push for the immediate implementation of the proposal, Minister Nanayakkara said that it would be the prerogative of President Mahinda Rajapaksa. The Minister said that their move would greatly boost ongoing post-war national reconciliation effort, particularly in view of this year’s Independence Day celebrations being held in the East.

Responding to a query, the minister admitted that at the time the decision was taken all members of the National Languages and Social Integration parliamentary committee hadn’t been present. He said in spite of the possibility of some members of the committee opposing the move, those present at the time the decision was taken had endorsed it.

In Praise Of Sumanthiran

Vasu, A Man Of Your Caliber Needs Not Fear The Thunder

By Barbara Seneviratne -January 20, 2013

Barbara Seneviratne

You were looked upon as one who does not indulge in politicking or compromising his principles and earned a nick name as “Firebrand”. All because you were a fearless champion of the rights of the minorities and had been beaten, jailed and forced underground due to your political activism. But with what you have done the proud good old nick name you were once known bestowed with for standing up for the down trodden masses will never be known.

I can remember you once attempted to run-away with the Mace which was the symbol of Parliamentary Authority during the UNP regime in 1989 when the House was debating an amendment moved by the government to the Agrarian Research Ordinance. All because then UNP government wanted to hurry its passage through parliament unfairly.
In November 1976, you also played a similar drama in the old Parliament by bringing a floral wreath after the killing Weerasuriya a student leader of the Peradeniya University.

Where are your conscience and convictions you stood for? Or did you ever have any at all?
What you have done since of late is to make it easy to the likes of Mervyn Silva to be the future rulers and to bring this country to a state of moral decay.

In fact I felt sorry that a staunched politician, a militant could fall a prey to words such as “You go down alone or go down with me ” could decide that betrayal is far better than upholding ones principles. Please remember that you have already gone down deep below and your resurrection as a true son of this soil is far fetched.

We all are aware that the impeachment of the CJ was brought about by politicians who pursue money, positions, black money and corruption. This country has given immense intelligence and skills but no sense of public duty, discipline or dedication. We lack sense of fairness.

The impeachment has robbed our Constitutional rights. One should not forget that the Constitution is not to enable politicians to play their unending game of power but to hold the country and her people together.

My sincere wish is that you will have the courage to rectify this damage. A man of your caliber needs not fear the thunder.

Posted by Thavam

Video: No civilians went missing: Gotabaya

Defence Secretary Gotabaya Rajapaksa rejected claims yesterday that civilians had gone missing in the North during the last stages of the war, insisting that all records maintained by the Army and the ICRC tallied with no discrepancies.

Responding to a question posed by a journalist, the Defence Secretary said that the people who came to the Army by sea, during the final stages of the war were registered with the ICRC and with the “Indian hospitals manned by the Indian Army, and not a single person is missing from that list”, when tallied.
“This is another factor that many people have forgotten. Take the large number of people who were coming by sea. Where did they go first? They went to the Indian hospital; it was manned by the Indian Army. They reported to them first and from there only did they come to the welfare camps. And the ICRC was present whenever they surrendered.

“There was a procedure followed when registering these people. Not a single person is missing from that list,” he said.

Earlier Mr. Rajapaksa had said that many of those considered to be ‘missing’ might have died during the war as a result of their fighting against the Army.
“That’s a false allegation. Of course you have to understand that when you say missing, people should realise that in these areas there were people recruited by the LTTE and they were fighting the Army, if you take the Army alone I think even today you have about 3000 missing personnel. We couldn’t find the bodies. If you take the North of Sri Lanka it was dominated by the LTTE so we didn’t have the military going in and arresting people. Nobody talks about these things. These people were terrorists who died in action. For their parents they may be missing because they were taken forcibly and put to fight by the LTTE and they died and their parents didn’t know what had happened to them. So to their parents they are missing. You have to understand this,” he said. (Supun Dias, Menaka Mookandi, Darshana Sanjeewa)

► WATCH

Obama administration is on conspiracy to topple Mahinda. Minister Wimal Weerawansa yells.

Friday , 25 January 2013
Human rights council session is held in the forthcoming March month in Geneva and by submitting proposal against Sri Lanka, and by obstructing President Mahinda Rajapakse to contest in the 2015 Presidential election, the Obama's representatives are designing plans to eradicate this government.

Such statement was made by Housing Construction Minister Wimal Weerawansa

Minister Wimal Weerawansa addressed at the Mt.Lavania housing project inauguration ceremony two days back on Wednesday stated the above.

He further said, three representatives of Barak Obama will visit Sri Lanka.

Law and order has got disturbed in Sri Lanka and American President is unable to sleep it seems.

The representatives visiting Sri Lanka will acquire evidence from Chief Justice Shirani Bandaranayake, for which some opposition parties’ politicians here and some agents of international non-governmental organizations are attempting.

Shirani Bandaranayake is an offender. She was removed from her position by the people’s representatives of parliament by two third majority votes.

By utilizing Sarath Fonseka in the international level against Sri Lanka, utilized as a witness to implement the UN human rights resolution. He functioned against Sri Lanka and Defense Secretary Gottabaya Rajapakse and the comments given to the Sri Lanka Medias are witnesses for some foreign elements.

Willfully charging war crime against Sri Lanka, resolution was submitted at the UN human rights assembly. White tigers living in some foreign lands, with the Sri lankan tigers living in those lands are effortlessly operating to give sentence to Sri Lanka,.

To catch Bin Laden, advanced plans were schemed by America.

How to catch Bin Laden?

America’s secret agents intruded to Pakistan asserting that Bin Laden is in Pakistan. These working plans were processed in the entire Pakistan to seize Bin Laden.

A loan granting scheme was introduced and functioned to implement in the entire country. After this introduction, a dangerous contagious virus spread amidst the people living in Pakistan.

To diagnose the illness, the people of Pakistan were required to undergo a blood test and towards this, a loan scheme was introduced. The blood tests were taken to America.

Concerning this task Pakistan blood testing official was called to America. A large quantity of cash was given to him. Later they checked whether Bin Laden's blood test is available and they affirmed about his presence in Pakistan.

Through his DNT blood test, his address was found. The American forces cordoned the locality where Bin Laden was living, and he was brutally murdered. Americans are such persons who operate on such conspiracies.

President did not consent to cease the war.

During the ongoing war period, French Foreign Minister and Bernard Kuwankar the two Ministers visited Sri Lanka and attempted to meet President Mahinda Rajapakse. At that time President Mahinda Rajapakse went out of Colombo and stayed at Embilipitiya and ordered to bring them to him.

President met them in an open air place and after discussions they were sent back to Colombo. President did not consent to the conditions imposed by them to cease the war. Still the scars of that incident have not got expunged from their minds.

Plans designed by Obama's representatives

America is providing necessary financial advice to Sarath Fonseka to appoint him as President and to topple the Mahinda government.

America's Obama representatives are designing conspiracies to submit proposals against Sri Lanka at the forthcoming UN human rights assembly which is held in March month, to probe at the international courts, by appointing some officials, to obstruct President Mahinda Rajapakase in contesting at the 2015 Presidential election, and to eradicate this government.

After this, the military will be produced at the war crime courts and they would be penalized for which effectors are advanced was mentioned.

Student undergoing training electrocuted

FRIDAY, 25 JANUARY 2013

A 19 year old student undergoing training in residential training center of Inamaluwa youth brigade at Dambulla has died of electrocution. The student, P.K.G. Bandara, a resident of Bambaragaswewa in Galewela died while being admitted to Dambulla Base Hospital yesterday (24th) at 10.00 a.m.

Instructions had been given by an Army officer in duty to cut down a bamboo bush. Six students including the student who was electrocuted had been assigned the work. When the bamboo tree was cut it had got entangled with a high tension wire and fallen on the student. Two other students in the group too had been electrocuted.

The student ahd been taken to the hospital in a three wheeler. The student had attended the training sessions in the camp while waiting for his A/L results.

Sigiriya police is conducting investigations.

Sri Lanka army calls to continue militarisation of north-east

25 JANUARY 2013
BY INDIKA GAMAGE

Responding to recommendations by a presidential commission on Sri Lanka’s war against the Tamil Tigers, the country’s military has justified its disproportionate presence in the Tamil majority north and east.

In a report handed over to Defence Secretary Gotabhaya Rajapaksa by Army Chief Jagath Jayasuriya, 24th of January 2013, the Sri Lankan Army (SLA) says that it ‘must be located in security sensitive areas’. In defence of the military presence in the north, it accuses ‘Tamil Diaspora operating from foreign countries’ of‘trying to de-stabilize Sri Lanka’ while alleging that foreign governments of giving the Tamil diaspora a‘free hand’.

The report by a military board was in response to Lessons Learnt and Reconciliation Commission (LLRC) recommendationshanded over to the parliament in December 2011. Among other recommendations on military conduct, the LLRC called for the demilitarisation of the North and East and to allow civilian administration. However, the military board in its report calls for the continuation of military domination in civil administration.

“The Board recommends that Civil Affairs Officers attached to formation headquarters should continue to function as liaison officers to assist the civil authorities to implement Nation Building Projects,” it says.

Police should be under MoD

Rejecting LLRC recommendations to separate the police from armed forces, the military board calls for the police force to be controlled by military authorities. “Police in Sri Lanka should be placed under the Ministry of Defence at all times,” says the Board in its action plan. The LLRC recommended the ‘Police Department be de-linked from the institutions dealing with the armed forces’.

While calling upon state organisations along with the tourist board and the government Information department to‘conduct a rigorous propaganda campaign to boost up foreign travel and trade in the North and East,’ the military board proposes measures to stop human rights organisations from visiting the war affected region. It has recommended ‘screening and control of all IOs/INGOs/NGOs should bedone under the supervision of the Ministry of Defence to ensure that undesirable elements will not jeopardize the national security.’

Responding further to the call to investigate war crimes committed by Sri Lanka’s armed forces, the military board comprising officers’ who actively participated in the final military thrust to North has rejected abiding by internationally accepted standards. Disapproving International Humanitarian Law as ‘inadequate,‘ the Military Board has proposed to ‘formulate new domestic rules covering internal war situations’.

The board of officers appointed to formulate the 'viable Action Plan' comprised of Major General Kamal Gunarathne, Brigadier Senaka Wickramarathne, Brigadier Aruna Wanniarachchi, Brigadier GV Ravipriya, Brigadier Suraj Bansajaya and Lietutenant Colonel Piyal Wijesiriwardhane.

Military in north for emergency requirement

Friday , 25 January 2013

Civil administration is in occurrence in the north. Similar to military camps exist in the south, for emergency requirements military camps are constructed in north and military are stationed was said by Defense Secretary Gottabaya Rajapakse.

He made these statements at an event held at the Defense Ministry yesterday.

Military should occupy in Sri Lanka because it cannot construct camps in foreign lands. They are occupying in north similar to south.

Police is maintaining law and order in the north. Whatever problems arise, police come forward and settle it. In this state, for emergency requirements, military function.

Development and economy advancement activities due to war in north got stagnated. However, war came to an end, and the situation now has changed. People are executing their jobs freely.

Their life standards are getting improved. Sri Lanka has achieved a record of performing in this short period, compared to the counties which faced war. We should be proud of this was further mentioned by him.

Teacher attempting to molest 16 year old girl arrested

FRIDAY, 25 JANUARY 2013

A 48 year old teacher who had lured a 16 year old girl to his house promising to give her a diary and attempted to molest her has been seized by neighbours and handed over to police says a report.

When he was handed over to the police he had been thoroughly assaulted by the neighbours who had rescued the girl.

MIRIHANA GANG-RAPE SPARKS ANGER...

January 25, 2013

The Lak Vanitha Front, a women’s organization affiliated to the United National Party (UNP), staged a demonstration outside the Mirihana police station today (25) against a rape incident in the area. The victim was reportedly attacked by four men in the Mirihana suburb of Colombo on Wednesday night. Police spokesman Prishantha Jayakody said two of the accused men were arrested yesterday and that they were looking for two more suspects. (Pic by Sanjeewa Lasantha)

The Gang Rape Near Colombo, Peoples’ Sovereignty And The Absence Of Protest

By Basil Fernando -January 25, 2013

Basil Fernando

AHRC News

A 45 year-old woman was gang raped in the early hours of January 23 in Nugegoda (some reports give her age as 47). This gruesome incident only received a few lines in some of the newspapers and in the media. Yet a similar incident that occurred in New Delhi, India, when a medical student was gang raped on a bus, provoked a nation-wide protest for several days and, in fact, the protests continue internationally even up to now. This protest caused theIndian Prime Minister to intervene and take action, not only to ensure medical treatment and justice for the young girl but also to take steps towards bringing in speedy legislation to prevent the re-occurrence of similar incidents. Protests took place also in Nepal when a similar case came to the notice of the public. There too, heavy demands have been made of the government, not only to bring legislation but also to achieve other reforms needed to protect women.

The media and the active participation of the people and women’s movements, including local politicians, both in India and Nepal reflected the active participation of the people to ensure protection and to express outrage at the malfunctioning of the law enforcement agencies which are duty bound to protect the public.

In both countries, the media responded to these protests and ensured that the unfortunate event came to be an occasion for the whole nation to introspect and to discuss the crisis of the law enforcement agencies and the failure of the government to ensure that these agencies act with the required diligence in future. On the one hand, the role of the media represented the problems of the conscience of the public. On the other hand, the media also created a discussion among the people in order to express concern as well as to critically discuss the deficiencies of the government that make it possible for such crimes to occur.

According to the short reports that appeared in the Sri Lankan media, the police reported that the woman who became the victim of the gang rape had gone to the market and having lost her way, made some inquiries as to directions from a three-wheeler driver. Under the pretext of offering help, the driver took her into the three-wheeler and then, against her will, took her near a well and threatened her. Thereafter, several persons who came in another three-wheeler, gang raped her. She is said to be taking treatment at the Kalubowila Hospital. The items discovered from the three-wheelers include some condoms which, according to observers, suggest that the attackers may have been engaged in such activities on a regular basis.

New approach to scandal management under peoples’ sovereignty

In recent times when such scandals occurred, the police filed reports of arrest and this appeased the public by creating the impression that the law was being enforced. However, shortly after arrest, these matters were forgotten. Through all kinds of negotiations and bribery exchanges, or by the intervention of politicians, the process of justice was subverted. The cases of the murder of several persons, together with a government politician, Baratha Lakhsman Premachandra and the recent murder of an elected local government official in Kelaniya are public events which demonstrate this quite strikingly. The murder of a British national and the rape and assault of his Russian companion at Tangalle, allegedly by the Urban Council Chairman of Tangalle and others, was also hushed up. The gang rape of a child by several local area politicians in another rural locality in the South underwent a similar fate. Similarly there were allegations of rape against government member of parliament, Duminda Silva which too, came to nothing. In fact, the list of crimes that have been followed by no real consequences is quite long.

It will not be surprising, if one of these days, the rape victim of this present incident and her family are called to Temple Trees and given some money from the President’s Fund. Such examples of so-called mercy have been evidenced many times, when such scandals happen. After neglecting Rizana Nafeek’s case resulting in her beheading in Saudi Arabia, her mother was called to the palace and some money was given.

Lawlessness and public apathy

In Sri Lanka while there is a public acknowledgement of the existence of widespread lawlessness involving particularly shocking offenses against women, the public itself reacts to these events apathetically. There is no energetic pursuit of justice or demands for accountability from the government.

Such apathy that prevails amongst the public regarding heinous crimes as well as the criminal negligence on the part of the government to resolve the problems of the law enforcement agencies is indicative of the deeper malaise in the Sri Lankan society and the Sri Lankan system of justice.

The collapse of the policing system has been acknowledged. This was the direct result of the politicisation process which in turn is a product of the total control of the state by the executive president which has paralysed the bureaucratic apparatus in Sri Lanka. Naturally, it is not within the capacity of the Sri Lankan president to enquire into all crimes and to deal with them. The task of controlling crime could only take place through the functioning of the law enforcement agencies within the framework of the law. The duty of the president and the government is to ensure that these agencies function and deliver the necessary services to the public. However, the nature of the Sri Lankan system at present is such that the president and the government do not have a reliable bureaucratic apparatus through which law enforcement as well as other aspects of the running of governance can be effected.

The result is crimes that re-occur and the gimmicks that are played by politicians to create the impression of law enforcement while there is no real attempt to ensure protection to the people. This situation has resulted in the creation of a sense of apathy in the society as a whole, even in the face of gruesome crimes such as the gang rape of this woman.

As an independent media is suppressed, there is apathy, widespread cynicism and shameless manipulation of news in the state media which is the only media that is allowed to function without hindrance.

While the rest of the south Asian countries are rising to demand better performance from their governments and the creation of efficiently functioning law enforcement agencies to protect all citizens with particular emphasis on the more vulnerable groups such as women, in Sri Lanka crimes continue to take place with impunity.

Foes at work! Official encounters between new CJ Peiris, ex-CJ’s lawyers

By Dharisha Bastians-January 25, 2013
Fresh from his ceremonial sittings on Wednesday, Chief Justice Mohan Peiris presided over a bench that took up several listed cases before the Supreme Court yesterday.
Several senior lawyers appeared before Chief Justice Mohan Pieris when the day’s listed cases were taken up.

President’s Counsel Romesh De Silva and Attorney-at-Law Saliya Peiris, both lawyers who appeared on behalf of impeached Chief Justice Shirani Bandaranayake at the Parliamentary Select Committee proceedings and the case filed at the Court of Appeal, came before the Supreme Court bench to fix court dates for the listed cases.
The cases listed for Courtroom 502 were taken up by a three judge bench comprising Chief Justice Pieris and Justices P.A. Ratnayake and Eva Wanasundera.
Senior constitutional lawyer, Sanjeewa Jayawardane PC, also appeared before the same bench when the cases were listed.
Meanwhile, several senior lawyers including Shibly Aziz PC, Nigel Hatch, PC and Sanjeewa Jayawardane, PC were present at the ceremonial sittings of the new Chief Justice on Wednesday
They were among several other lawyers and Supreme Court, Appeals Court and District Court judges who also attended the sittings despite a Bar Association of Sri Lanka boycott in keeping with a resolution passed by the association in December.
Meanwhile, a case filed by the Centre for Policy Alternatives against the appointment of Chief Justice Pieris on grounds that there was no constitutional vacancy for the post came up before a Supreme Court bench headed by Justice S. Marsoof and Justices K. Sripavan and S.I. Imam on Wednesday.
Justice K. Sripavan declined to hear the case. Counsels for the petitioner in the case were Attorneys-at-Law M.A. Sumanthiran, Viran Corea and Suren Fernando.

Sri Lanka's legal fraternity takes a stand for judicial independence

Updated 24 January 2013, 21:46 AEST

Lawyers in Sri Lanka have boycotted the inauguration of the government's newly-appointed chief justice.

The Bar Association of Sri Lanka has been agitating for the reinstatement of sacked chief justice Shirani Bandaranayake, saying due process had not been followed.

The lawyers' organisation, which has 12-thousand members, also questioned the credentials of new chief justice Mohan Peiris.

Mr Peiris is a former attorney-general, whom the lawyers claim consistently blocked efforts to prosecute officials for rights abuses.

President's Counsel Wijeyadasa Rajapakshe is a sitting member of parliament and President of Bar Association of Sri Lanka.

Presenter: Sen Lam

Speaker: Wijeyadasa Rajapakshe, MP and President of Bar Association of Sri Lanka

RAJAPAKSHE: From the beginning, we in the bar association, which is the largest professional body, consisting over 12-thousand members all over the country, we passed several resolutions, and one of the resolutions was to have a fair trial (for sacked chief Justice Shirani Bandaranayake) in keeping in line with the international standard. And that was our requisite. And that in the event the government, the parliament refused to allow that procedure, that we also decided we would NOT welcome the new chief justice after the sacking of the former chief justice.

When there was a so-called 'welcoming ceremony' on Wednesday, in the Supreme Court, we in the Bar Association, we did not take part. The most significant event is the speech of the President of the Bar Association, to welcome the new Chief justice on behalf of the legal fraternity. And that convention was broken yesterday.

LAM: As you say, the Sri Lankan government has appointed Mohan Peiris as the chief justice. Is Mohan Peiris a man who's acceptable as chief justice where the bar association is concerned?

RAJAPAKSHE: Anybody who comes, after summarily sacking without a hearing of the chief justice, that we do not concede that the appointment as a proper person, that is why we refuse to welcome (him).

LAM: Is the Bar Association and its members planning to boycott the new chief justice, or will you try and get along?

RAJAPAKSHE: That is practically not possible, because the lawyers have hearings, or litigants and lawyers have no control, before which bench and before judges, that their cases would be argued. And therefore, if the lawyers do not appear, then they would be found fault for professional negligence. And therefore, it is not practical, and lawyers will continue to appear.

LAM: You referred earlier to a fair trial for (sacked Chief Justice) Ms Bandaranayake - a reference to the impeachment by parliament on charges of financial and official misconduct - so should she not have stepped aside anyway, until investigations were completed?

RAJAPAKSHE: Whatever the judicial institution or the body or the tribunal, when they come to a conclusion to see whether a particular person is guilty or not, the most fundamental and basic principle is that there has to be a hearing, with witnesses. In the absence of any such process or determination, I don't think that anybody will accept that as a justifiable decision on the part of the parliamentary select committee.

In terms of the constitution, of course, all the judges of the superior courts, that is the Supreme Court and the Court of Appeal, are appointed by the President. That is a constitutional provision. But at the same time, it is the cardinal duty on the part of the President to assure that he's appointing impartial judges - capable and impartial judges. After this appointment, and after he's assumed duties, there is nothing much left for the bar association to do.

LAM: What about the new Chief Justice Mohan Peiris - can the bar association do business with him?

RAJAPAKSHE: The people have some grievance. No doubt, he was a former attorney-general who retired two years ago. After that, he held a political appointment as an advisor to the cabinet of the present government. So we'll have to wait and see. It is premature to say that that's all... (inaudible). After the appointment, so far we did not meet in an executive committee or council meeting. And so far, we did not take a chance to discuss anything about that.

Sri Lanka bishop laments loss of democracy

By Savi Hensman-24 Jan 2013

The Anglican Bishop of Colombo has called for a Time of Lament, after Sri Lanka’s chief justice was unlawfully removed by the ruling regime.

Others in the country and abroad have protested after she was impeached, in a process ruled illegal by the supreme court.

There is growing concern that the rule of law and democracy are being undermined by President Mahinda Rajapakse and his brothers, who hold key positions, and who have used strong-arm tactics to silence dissent.

After chief justice Shirani Bandaranayake ruled that a bill giving more power to the economic development minister Basil Rajapakse was unconstitutional, she was accused of failure to declare her assets and misuse of power.

A flawed impeachment process followed, critics say, and a government loyalist with a dubious human rights record was appointed as her successor.

In a letter to churches in the Colombo diocese, Bishop Dhiloraj Canagasabey wrote that “in the past few days we have seen the complete collapse of the rule of law in our nation. We no longer appear to be a constitutional democracy.”

He pointed out that “both the Executive and the Legislature” had disregarded “the provisions of the very Constitution which they swore to uphold and defend, giving the appearance of a country ruled on the principle that ‘Might is Right’.”

He continued: "The numerous warnings that the Church, other religious organisations and civil society bodies repeatedly issued have been ignored. There is currently a climate of fear and helplessness, where people remain silent rather than speak out against rampant injustice. intimidation, violence and falsehoods.

"We as a Christian Church cannot remain silent in this situation. Such silence will be dishonouring to our Lord and a betrayal of our identity as His people. I wish to remind you that right from the day of Pentecost, the Church has learnt to say that ‘Jesus is Lord and not Caesar’. Often this has led to suffering and persecution. The Church must always be prepared for this eventuality.

"There are many examples in the Bible and Christian history of persons who have refused to follow orders when they have contradicted God’s moral law. Even in the Old Testament, Kings were expected to rule under a law which they themselves did not make and to which they were accountable (Deuteronomy 18, Psalms 72, etc.)."

Christians should repent of the times they had failed to speak out, the bishop wrote. He urged that Sunday 3 February 2013 “be observed in all parishes within our Diocese as a Day of Lament. All services should have an extended time of silence, prayer and intercessions, to grieve over the state of our country today. Please encourage all parishioners to wear white and to fast wherever possible.”

There would be a service in the cathedral the following day to continue the Time of Lament, and parishes were asked to organise Bible studies, reflections and discussions during Lent “to reflect on what it means to live as a faithful disciple-community of Jesus in the context of our nation today.”

Bishop Dhiloraj Canagasabey urged: “When others may be controlled by fear and helplessness, we must remember that our Lord who was crucified and suffered death was raised to new life offering hope to all.”