Temple displaces family, livelihood?

• 12/12/2012
• Sanjeeth Arulanantham
• 13th Amendment, IDPs, Land, Land policy, Places of worship

(Original in Tamil)

Kandasamy Sivakumaran lived in Kilinochchi and was displaced to the Vavuniya IDP camp during the final battle in May 2009. He was only able to return to his own village recently.

He relates that his land has been taken away from him and that he is struggling to get it back. Even today he has to go to Government offices and army camps daily and has filed a case regarding this matter in the court.

“Lumbini Vihara” is the Buddhist temple that is situated near the Karadipoku junction in Kilinochchi. There is a small Buddhist shrine under the banyan tree and to its left there is a hostel in the shape of a temple for the pilgrims.  A Stupa  is being built to its right.

“This land belongs to the three of us. Earlier we used to have a spare parts shop here. And now we do not have a place to live or a land to pursue our livelihood. The land where the Temple is being built is now an empty land because the shops have been demolished. This land is ours. They have built this Buddha statue and the temple in the year 2009. Because this land was like this when I returned I could not settle back into my land”  he stated while showing the deed to the land where the Buddhist temple has now been built.

It is stated in the deed that according to the land development ordinance, in the year 1955, Governor General Oliver Bernard Gunatilake awarded the land to Kumarappar Murugesan of Kilinochchi, under the State Land ordinance (1947), section 23.

In 2004, Sivakumaran and his two friends had bought this land, as the third person, from Kumarappar Murugesan.  In 2008, when Sivakmaran was displaced during the final battle to the Vavuniya IDPcamp, the shops on his land next to the Karadipokku junction had been demolished and in its place a Buddhist temple had been built. Almost half of the half acre land that belonged to Sivakumaran has been taken in this process. There is only 55% of the land left. And even that land has been taken to be used as a parking lot for the temple administrators and they have also constructed toilets there.

Sivakuamran explains that, “even if a portion of the land is provided to us we will be able to conduct our business. They still haven’t come to a decision about giving back the land that is now being used as a parking lot. Because of this situation we are suffering. The Government officers in charge of this must take this into account and help us get our land back.” 

“If they give us what is left of our land or provide us with a suitable alternative location to conduct our business then we will have no problems”  he further related.

Government offices do not function efficiently in the areas that have been affected by the war for nearly 30 years. Even if they had functioned previously there are no legal records or documentation in the Government offices to show that they have functioned regularly.

According to the LLRC Commission’s Recommendations a Land Commission has to be appointed immediately to handle these land issues. There must be a National Land Commission instated in order to formulate a national consensus on land use according to the 13^th amendment.

Sri Lanka: Genocidel Rajapaksa Visit to Gaya (Bihar)
Salem-News.com

Genocidel Rajapakse, has no moral right, even to pronounce the name of Buddha.

Sri Lanka President Majinda Rajapakse has never atoned for the deaths of more 160,000 Tamil people

(JAFFNA, Srl Lanka ) - Dear Shri Nitishkumar ji, Vanakkam.

I would draw your immediate kind attention to the following matter of grave concern causing unbearable agony in the minds and hearts of Tamils of Tamilnadu and all over the world.

With a bleeding heart, I would like to point out that hundreds of thousands of innocent Tamils were massacred by the brutal military attacks launched by the racist Sinhala regime of Genocidel President Mahinda Rajapakse.

The three member panel appointed by the General Secretary of United Nations in the year 2010, submitted its report, which clearly exposed the gruesome genocide of Tamils committed by the Sri Lankan Government of Rajapakse.

This genocide was carried on with the fullest aid and assistance of UPA Government of India, at the behest of Mrs. Sonia Gandhi.

In the name of fighting the LTTE, the Sri Lankan armed forces, mercilessly killed innocent Tamils through aerial bombing and straffing, using the most diabolical bombs, banned by the world community. Innocent Tamil children, women and elderly people, were brutally annihilated. As per UN Report.3,00,000 Tamil people were killed.

The President of Sri Lanka, Genocidel Mahinda Rajapakse, with all audacity stated on the floor of the Sri Lankan Parliament that he conducted the war with the fullest help of the Indian Government.

Shocked over this genocide, 17 Tamil youths in Tamilnadu, committed self-immolation, sacrificed their lives in the engulfed flames to mobilise the public opinion, to persuade the Indian Goverment to bring ceasefire in that island.

But, the UPA Government, headed by Congress party, committed the unpardonable crime of betrayal against the Tamils.

Now, a bolt from the blue has fallen on our heads.

We, the people of Tamilnadu are terribly shocked to know that Genocidel Mahinda Rajapakse, the President of Sri Lanka, is going to visit Bodh Gaya in Bihar on 8th February, to the site where Lord Buddha attained enlightenment.

Gowtam Buddha spurned all pleasures of royal life, voluntarily undergone sufferings and gave the gospel of compassion and love for the mankind.

Genocidel Rajapakse, has no moral right, even to pronounce the name of Buddha.

If this blood thirsty Genocidel Rajapakse stepped into Bodh Gaya, the relics of Buddha will tremble and will not forgive, not only Genocidel Rajapakse, but also the people who brought him there.

I would like to bring to your kind notice that the Oxford University Union Debating Society in UK, cancelled the scheduled programme of Genocidel Mahinda Rajapakse in December 2010, respecting the sentiments of the Eelam Tamils, living in Britain.

The British Government also responded positively, to give a healing touch to the wounded hearts of Tamils, so that the Sri Lankan President had to leave Britain.

Again in 2012, on 6th June, the scheduled meeting in the city of London, in which Genocidel Mahinda Rajapakse expected to address, was cancelled due to the demonstrations of Tamils, supported by the British Government.

In this background, I would request you to kindly take immediate steps to cancel the visiting programme of Mahinda Rajapakse, so that the sanctity of the Buddhist pilgrimage at Bodh Gaya could be preserved.

I do hope that your goodself would understand and appreciate the emotions of Tamil people in this very serious matter and take appropriate action to avoid the arrival of Rajapakse to Bodh Gaya.

I have already made the announcement that our Party Marumalarchi Dravida Munnetra Kazhagam (MDMK), will launch a peaceful agitation at New Delhi on 8th February against the UPA Government. I will lead the agitation.

We are prepared to undergo any hardship in this crusade.

Evidences:

Grisly Photos Reveal Genocide by Sri Lankan Government Against Tamil People

Alistair Burt Has Spoken, We Hear

By Malinda Seneviratne -February 2, 2013 

Malinda Seneviratne

British Under Secretary for Foreign and Commonwealth Affairs, Alistair Burthas spoken. He has spoken for Britain, a country he describes as ‘a candid friend of Sri Lanka’. In the classic, hold-the-hand-and-rap-knuckles mode, Burt has clearly stated that Britain will continue to back anti-Sri Lankan moves at the UNHRC sessions later this month in Geneva. ‘In the country’s best interest,’ of course. ‘Being friendly,’ of course.

Burt was speaking on the topic of ‘Sri Lanka – 2013 and Beyond’ at a seminar organized by the Lakshman Kadirgamar Institute for International Relations. Minister of External Affairs, G.L. Peiris, in his impromptu response to the prepared speech by Burt made some valid points. Peiris asked, politely, why this ‘candid friendship’ expressed in relation to other countries (he was obviously referring to Isreal) was being selectively ‘applied’. Israel, as everyone knows, has in no uncertain terms told the UNHRC where to get off (as in, ‘we won’t let you get “in”’). Sri Lanka, on the other hand, engages with the UNHRC, takes note of resolutions and participates respectfully in periodic reviews, unlike Israel.

Burt talked of the need ‘to see individuals brought to justice in particular cases of violent attack, it simply cannot be right for the accused to be walking free’. Prof Peiris has been diplomatic to a fault. He could have said ‘How come you don’t surrender to the Haig, along with your entire Cabinet, Queen and PM downwards?’ That would be for perpetrating and aiding and abetting crimes against humanity.

Prof Peiris also pointed out the dangers of using a broad brush in talking about countries with very different cultures, histories and political contexts, and moreover, if comparisons are made, the strange reluctance to unreservedly applaud the vast strides Sri Lanka has taken post-conflict. In general, post-conflict progress is mentioned because it has to be, but is always followed by unfair and shrill shop-talk about accountability with little or no knowledge of realities faced by Sri Lanka in executing a military assault on the world’s most ruthless terrorist outfit. Britain has never ever exercised the kind of restraint Sri Lanka demonstrated in dealing with ‘enemies’. Britain is yet to compensate Sri Lanka for the violence it unleashed on citizen, culture and soil of this island. The loot stayed in Britain. Burt is a beneficiary of plunder. Scot-free and rich!

Burt is out of order. Is Peiris ‘in order’ though? It is no secret that the big boys and girls of the international community consistently play favorites in international forums. Where ‘crisis’ is needed, crisis will be manufactured, this we know. Where faulting helps, fault will be manufactured. Mountains will be made of molehills. The problem is that Sri Lanka is not Isreal, for Israel has the USA by its whatnots if we were to go by the number of times Uncle Sam played Israel’s one-true-friend at the UN.

That’s the small problem though. The big problem is that the Government sweats more over Geneva than over Thambuttegama, Paranthan and Kattankudy. There’s progress, yes. LLRC recommendations are being implemented, yes. If it is ridiculous to say that there were no human rights violations in the last stages of the conflict, it is even sillier to say that all that was ‘policy’, true. Still, it is important for Sri Lanka and Sri Lankans to come clean for Sri Lanka and Sri Lankans.

It’s not about Burt or Blake (that’s ‘Robert the Meddler from the USA’). It is easy to dismiss them and their loose-tongued drivel. The difficult thing is to desist from doing the easy thing. Easy things, plural, for ‘development’ and ‘progress in rehabilitation, reconstruction, re-settlement, de-mining etc.,’ laudable as they are, are less difficult than dealing with the anger, loss, betrayal and that which is unpardonable. Tamil political parties have played safe, refusing to come clean on their acts of omission and commission with respect to crimes against humanity. The Government should not wait on them to make the first move.

This year, the Government goes to Geneva knowing well that its (so-called) friends will spare no efforts to insult and humiliate. The Government is putting on a brave front. There’s something missing though. It is called ‘Moral High(er) Ground’. Moral high ground is a relative term and can be asserted by undressing the likes of Burt. The higher moral ground is obtained by a clean conscience. It requires humility. It requires penitence. It requires punishing those whose errant behavior made it easier for the Burts of the West to piddle on Sri Lanka.

King Dutugemunu suffered from insomnia after defeating Elara. He confessed to the fact. There was no shame. That was a war fought under different rules. This was different. The enemy was a ruthless terrorist that was holding some 300,000 people hostage. Extreme restraint was shown and that is easily established. But humans err. And some humans err to extents that are not pardonable. Such things happen and it is unfortunate but perhaps unavoidable. The guilty have to be named. Punished. That is not ‘betrayal’, for turning away is betrayal of all citizens and everything that is wholesome and laudable in our society, our history and heritage. Do it, and the Burts of the West can howl as loud as they want, but the Government will have the full backing of all the people on either side of this ‘Geneva’ and all ‘Genevas’ to follow. This and this alone (no, not China or Russia) is what will make the difference.

*Malinda Seneviratne is the Chief Editor of ‘The Nation and his articles can be found at www.malindawords.blogspot.com 

PM won’t quit

... says MR never suggested his resignation

February 1, 2013, 9:22 pm 

by Shamindra Ferdinando

Prime Minister D. M. Jayaratne yesterday scotched rumours that he was planning to quit. He said he intended to remain in that post as long as he could.

Premier Jayaratne was responding to a query at a special meeting with editors of several national newspapers at ‘Visumpaya’ yesterday. He said it was President Mahinda Rajapaksa’s prerogative to appoint and remove the Prime Minister and the latter had not suggested that he resign as Prime Minister.

Yesterday’s meeting was the first with the media since the Premier returned to the country having undergone medical treatment abroad.

Recently, Transport Minister Kumara Welgama declared that the majority of SLFP parliamentary group wanted Speaker Chamal Rajapaksa as Jayaratne’s successor.

Commenting on the collective responsibility of ministers, the premier emphasized that the people had the right to know decisions taken at the Cabinet. However, ministers should never discuss what was going on in the Cabinet as it would be detrimental to the government in power and the national interest, the premier said. In fact, such public disclosure could affect the sovereignty and territorial integrity of the country, he said, warning his colleagues not to make statements contrary to whatever the position taken by the Cabinet.

The premier said that ministers should be cautious in issuing statements pertaining to contentious issues, as their pronouncement could affect both the government and wellbeing of the people. In the absence of the President at the Cabinet it would be the prerogative of the PM to run it, he said.

President Rajapaksa appointed Jayaratne on the UPFA National List to Parliament after he opted not to contest the last parliamentary poll in April 2010.

Justifying his decision not to quit active politics, the Premier pointed out that some of those top people in the public sector had joined the private sector for a much better package after retirement. He insisted that it would be the responsibility of one and all to serve the country in whatever capacity as long as they could. He said that it was his philosophy.

Asked for his opinion on the next presidential election, the Premier declared that there was no one in the Opposition, who could challenge President Rajapaksa at the next election. The Premier asserted that the Opposition would never be able to deprive the President of public appreciation for giving political leadership to the country’s successful war on terror.

Open verdict in death of schoolgirl who died while running

by Madura Ranwala-February 1, 2013

Chilaw Judicial Medical Officer Dr. Y. M. G. Illangaratne Banda returned an open verdict on Thursday’s death of the 18-year-old schoolgirl marathon runner. He also ordered that samples of her blood be sent to the Medical Research Institute to determine the exact cause of death. Parts of the body, too, had been sent to the Government Analyst, the police said.

R. D. Kaushalya of Ananda National School, Chilaw collapsed and died while taking part in a school marathon.

Her father, too, suffered a minor heart attack, on the same day, on hearing of the sudden death of his child. However, he recovered after treatment at the Intensive Care Unit of the Chilaw District hospital, where the child was admitted on Thursday, Police spokesman SSP Prishantha Jayakody told The Island.

A doctor said that the child had been having an abnormality in the coronary artery since her birth, but the cause of death could be determined only after the postmortem report.

The deceased’s father had in writing permitted the child to participate, though many claimed that some teachers forced her to run, sources said.

The body of the child had been handed over to her parents, police said.

In Defence Of Peaceful Regime Change As The ONLY Choice

By Emil van der Poorten -February 2, 2013 

Emil van der Poorten

One of the interesting things about contributing to the print media these days is the prospect of fielding responses to one’s contentions on web editions of the newspapers in which those contributions appear. And recently, having on more than one occasion tried to make out a case for dislodging the most violent and corrupt government in the history of Sri Lanka by peaceful means, I have fielded a significant amount of flak for being totally unrealistic.

Most of the responses in this vein have, up front, stated the ugly reality of the status quo as the rationale for their throwing my suggestions for peaceful change into the garbage can of journalism.

More than one critic of my scribbling has made out a very cogent case for not following a policy of peaceful protest and disobedience by stating the obvious: the Rajapaksa Regime and its attendant sycophancy has provided clear and irrefutable evidence of its readiness to assault those seen as its “enemies” both physically and verbally. The examples of those who were gunned down while protesting against the efforts of the government to appropriate the savings of workers by a spurious “pension scheme” and the fate that befell a fisherman who protested against the increase in boat fuel prices were provided as irrefutable evidence of the futility of democratically-orthodox protests against the brazenly unprincipled and violent behavior of the current government.

In conversation, my friends have been even harsher in their opinions of what they view as my “pie in the sky” beliefs about peaceful protests being capable of removing a government that has displayed no let up in its need to control everyone and everything on the face of this island.

My response has been much of a kind as that which I advanced in defence of Ranil Wickremesinghe as leader of the United National Party and the opposition. It is Hobson’s Choice we are faced with in both cases, because in neither case does there appear to be a viable alternative.

Though I have retreated from my defence of what seems increasingly like a lifetime-leader of the Uncle Nephew Party, I am not about to do the same about the need for peaceful opposition to the Rajapaksa junta because Hobson’s Choice still appears to prevail where that proposition is concerned.

If you don’t adopt peaceful measures to display opposition to the Rajapaksa Regime and all it stands for, what is the alternative? Don’t tell me that a government surrounded by a band of murderous thugs whose legal defence they consistently and constantly give evidence of being prepared to ensure to the point of their not being taken to task for any offence, the capital one of murder included?

On the most practical level, isn’t it not only unrealistic but suicidal to try to meet violence with violence when you do not have as much as a fraction of the means of practicing that violence at your disposal? I know the armed-forces-in-waiting in such places as Australia marched and paraded with broomsticks in lieu of guns in preparation for invasion by Hirohito’s Japanese. But they did have the prospect of an array of weapons on land, sea and air which were superior to anything the Japanese possessed (from the British and Americans). That weaponry and everything that went with it did materialize and the rest, as they say, is history. I would submit that the current opposition to the Rajapaksa juggernaut does not have that prospect now or in the immediate future.

I know there are those who dream in technicolour that the fate that overtook this government’s bosom buddy, the late Muammar Ghaddafi and his family, awaits the family that have absolute power in this country. That will continue to be a dream in technicolour because the “Western democracies” are not about to gallop over to Sri Lanka on their white steeds to save democracy and slay the family of dragons ruling that bastion of 2500 years of Sinhala Buddhist civilization. Sorry, folks, those guys are a part of the problem that afflicts us and not even close to being a part of the solution. They are on the same wavelength as the Rajapaksa Horde, they share the same “values” and let’s not kid ourselves on that score. I know there are people of decency and principle, particularly in the international human rights organizations, who will raise their voices in condemnation of what is happening here, but they do not have the capacity to enforce a “no fly zone” over Sri Lanka or to enforce a debilitating embargo on a government that has given up even the pretense of practicing democracy. Remember, these are governments that are apologists for the brutality in Bahrein, the huge corruption and criminality of Karzai in Afghanistan and …. The list could go on and on. They will only display any symptoms of real opposition to the government of Sri Lanka if they or their minions in the business community and their class allies are threatened. And if you’d take a good hard look, you’d be hard put to identify even one instance where Sri Lanka’s financial elites or their Western associates have been, in any way, threatened financially or otherwise.

What cannot be denied, however, is the fact that the monumental corruption afflicting every aspect of life in Sri Lanka will, by its very weight, bring this entire nation to its knees. All the high-interest loans from China will then prove inadequate as a life-saver to this bloated mess of venality. What is likely then is a collapse of everything around us, every vestige of what has been referred to in the most grandiose of overstatements as “governance.” That there will then be change, is an absolute certainty. However, the nature of that change is anyone’s guess. We could emerge from such a holocaust cleansed by its fire. On the other hand we could end up as an Asian Haiti with the disadvantage of having more than one “Baby Doc!”

136 SKULLS DUG UP FROM MATALE MASS GRAVE

February 2, 2013

As excavations being conducted at the mass grave discovered near the Matale Hospital continue, the number of human skulls unearthed from excavations carried out so far has reached 136.

It has been reported that 142 skeletal remains have also been found and that additional teams have currently been placed to carry out further excavations. 

Skulls and partial skeletons were discovered in November last year by workers building a facility at a hospital in Matale. 

Excavations were carried out under a court order while no conclusive information regarding the human skulls and skeletal remains have been reported yet.

The Postgraduate Institute of Archaeology had conducted tests regarding the remains and submitted a short report, which verifies that the remains recovered from site have no archaeological significance and were buried in the recent past.

The skulls and skeletal remains have given birth to various speculations, including some theories claiming it to be the site of a “crime” during the JVP insurrection.

The skeletal remains unearthed so far have been submitted for carbon dating procedures.

142 skeletons in Matale mass grave

( February 02, 2013, Colombo, Sri Lanka Guardian) The total number of human skeletal remains unearthed from a mass grave behind the Matale Hospital has risen to 142 since the excavation started in early November last year.

The skeletal remains have been sent for carbon dating in a bid to establish the era the grave came into existence, officials said.

Some argue that the grave contains the victims of the aborted 1971 armed insurrection of the Janatha Vimukthi Perumana (JVP) in 1971 while there are others who say it could go back to the 18th century during the colonial era.

Experts from several agencies are currently working on the site. The grave was discovered by workers who were building bio gas tank in the location.

‘Slap on the face reception’ to UK Under Secretary visiting Vanni

[TamilNet, Friday, 01 February 2013, 16:53 GMT]
People of Vanni closed themselves inside their huts and refused to come out when the Parliamentary Under Secretary of State of the UK Foreign and Commonwealth Office, Alistair Burt MP, accompanied by the occupying Sinhala military, wanted to ‘speak’ to the uprooted Eezham Tamils at Keappa-pulavu on Thursday. The reason was two-fold: loss of faith in the modus operandi of foreign dignitaries visiting them with the occupying military and then coming out with statements not recognizing the on-going genocide but buttressing the genocidal State; and the other reason was suffocating intimidation by the occupying Sinhala military that no one should tell anything controversial to visiting foreigners. The same military officials bringing visitors to them in the daytime would turn into torture-interrogators in the night time, Eezham Tamils of Vanni commented. 

Visit of UK team to Keappaa-pulavu

Alistair Burt, the Parliamentary Under Secretary of State, Foreign and Commonwealth Office, UK.

An SL military intelligence official in police uniform recording the conversation of a woman to UK Under-Secretary, and the frightened look of the woman at the recording.

When Alistair Burt, the politician Under Secretary (a junior minister) wanted a ‘public relations exercise’ no one dared to come out at Keappa-pulavu. 

Then the Under Secretary, in the company of SL military, started approaching houses to talk to people. When the Under Secretary started speaking to a woman in one of the huts and when the woman was about to respond, a Sinhala military official started recording it in his mobile phone and seeing that the woman cut short the talk and hurriedly went inside the hut.

The UK party was shocked at the scene and silently withdrew.

If people do it out of fear and loss of trust, the SL military stages such insult to visitors because the military is confident in the Establishments of the world ultimately backing it, commented local Tamil civil activists. 

The US officials visiting Jaffna on Sunday was subtle in their comments reported in the media that SL government has the responsibility of avoiding complaints coming. Do they mean further intensification of the kind of gag practised by the SL military, ask alternative Tamil political activists in the island.
* * * Alistair Burt visiting Jaffna also went to Vanni to see Keappaa-pulavu, a controversial resettlement village in the forest tract adjacent to the genocide land of Mu’l’li-vaaykkaal. 

The villagers of Keappaa-pulavu were not allowed to resettle in their original land as the occupying Sinhala military plans building there the largest cantonment for the Mullaith-theevu region. 

It is said that the Sinhala military project is coupled with harbour and airstrip projects too.

The International Organization of Migration (IOM) and the UN sided with the occupying Sinhala military in declaring the ‘completion of resettlement’ without caring the protests and forceful relocation of the people by the SL military.

Between Trincomalee and KKS, Mullaiththeevu–Keappaapulavu is a major SL military project in the making.

The real reason for Alistair Burt, a Conservative Parliamentarian, choosing to visit Keappa-pulavu needs scrutiny as the UK’s secret defence deals with genocidal Colombo has a history, political observers in Jaffna said.

Alistair Burt, the junior minister at the UK Foreign and Commonwealth Office is responsible for counter-terrorism, counter proliferation, Afghanistan, South Asia, Middle East, North America, North Africa, Finance and Human Resources.


A scene of comparison was noticed in the visit of an Australian team led by its Deputy Leader of the Opposition, Julie Bishop, to the same Keappa-pulavu, earlier this week.

The UK Under Secretary and his team in the company of the Sinhala military and military intelligence at Keappaa-pulavu

Prior to their visit, the occupying Sinhala military summoned the local people to a meeting and warned them that they shouldn’t be seen outside during the visit of the foreign dignitaries.

If they were seen they would be ‘missing’ in the night, they were warned.

Hence, there were no people, when the Aussies went there.

Julie Bishop, the Deputy Leader of Opposition and the Opposition's Foreign Affairs Spokesperson in the Australian Parliament

But the Australians, led by the Opposition Deputy Leader and Foreign Affairs spokesperson Ms Bishop, were more interested in knowing only about refugees going to Australia.

No wonder, Ms Bishop told ABC Radio’s Connect Asia Programme on Tuesday that during her visit she had neither seen nor heard evidence on persecution of Tamils.

But news sources in Jaffna confirm that Julie Bishop, meeting some TNA parliamentarians and unsettled people of Valikaamam HSZ, now in camps at Koa’naavil, were clearly briefed of all the facets of the miserable plight faced by Tamils in the island. 

Yet, if the Australian shadow foreign minister had chosen to tell something else on her visit, what trust could be expected from the affected people towards the foreign visitors, ask social and human rights workers among Tamils.

‘Sri Lanka Under More International Scrutiny’ – British Parliamentary Under Secretary Alistair Burt

By Dharisha Bastians  -February 1, 2013

British Under Secretary for Foreign and Commonwealth Affairs, Alistair Burt praised Sri Lanka’s progress since the end of the war on a visit to the island, but warned that as the proposed host of the Commonwealth Heads of Government Meeting later this year, the country will be under even more intense scrutiny from the international community.

Alistair Burt

Stressing that economic development alone could not meet the country’s post-conflict challenges, the UK Minister remarked that Britain is yet to decide on its level of attendance at CHOGM in Sri Lanka in November, but stressed that they would be looking to the hosts to demonstrate commitment to upholding commonwealth values of good governance and democratic principles, adherence to the rule of law and respect for human rights. “This will help ensure a well-attended and successful meeting,” he noted.

Asked if the Queen would attend CHOGM in Colombo this year, Minister Burt responded the British Government did not make that decision. A decision on the monarch’s attendance would be made by Buckingham Palace in consultation with the Commonwealth, he said.

Burt was presenting a lecture entitled Sri Lanka – 2013 and Beyond organized by the Lakshman Kadirgamar Institute for International Relations and Strategic Studies and the British High Commission, Colombo where he spoke candidly of Sri Lanka’s challenges in the post-conflict phase.

He said that the UK, UN and others have expressed deep concern at the recent impeachment and dismissal of Sri Lanka’s Chief Justice because rule of law is crucial to long term prosperity and judicial independence is a core principle in free countries. He said that as a candid friend of Sri Lanka, the UK spoke frankly to Colombo about the challenges.

“We believe in maintaining independent institutions in encouraging individuals to speak out and engage constructively in debate. The rule of law is crucial to long term prosperity. Respect for our legal systems is part of the cultural heritage of both the UK and Sri Lanka. as a lawyer myself, it is a principle I feel particularly strongly about,” the Minister said.

He also drew the corelation between business, investment and a robust justice system with mechanisms to independently resolve disputes.

“And the concepts found within our legal systems, certainty of contract, non-retroactivity and the equal application of laws are the foundation for business and growth,” the British Minister explained.

“It is why we are so concerned to see individuals brought to justice in particular cases of violent attack, it simply cannot be right for the accused to be walking free,” he said.

Pulling no punches and quoting from the Lessons Learnt and Reconciliation Report Commissioned by the Government of Sri Lanka, Burt said that “the rule of law must prevail, regardless of the political links of alleged wrong-doers.”  He said that he had made clear to Ministers during his visit to Colombo that more work was needed to “deliver the path to reconciliation that the President has frequently advocated.”

Mr. Burt referred to British Prime Minister David Cameron’s remarks as the co-chair of the panel reviewing the UK Millenium development goals, where he referred to the ‘golden thread of development’. “True prosperity is not possible without good governance, property rights and the rule of law effective public services and strong civil institutions, free and fair trade and open markets,” he said.

“These are the reasons why I have welcomed the LLRC report. And why we continue to encourage the Sri Lankan Government to take concrete action to implement its constructive recommendations and why the UK speaks franks to the Sri Lankan Government about what more we believe it needs to do to ensure peace and prosperity in your country,” the British Minister said.

During his visit, Burt said he had encouraged the Government in Colombo to minimize red tape and address corruption to set a more attractive climate for investors. “I have welcomed the end of the war and the end of horrific LTTE terrorism in Sri Lanka. But I have also called on all parties to uphold civil and political freedoms and for the Government to set an example,” he said.

In an impromptu response to the Minister’s lecture and a brief Q&A session, Sri Lanka’s External Affairs Minister G.L. Peiris queried whether “candid” friends of Sri Lanka believed that bringing resolution after resolution was the right way to target a country that was just finding its feet after a brutal conflict. Peiris also raised the question of why Sri Lanka was being targeted while so many other nations were being shown leniency by the international community. “If it is about human rights or morals and ethical values, then they must apply across the board,” Peiris said.

UK to support proposed resolution

SATURDAY, 02 FEBRUARY 2013

Visiting Foreign and Commonwealth Office Minister for South Asia Alistair Burt said yesterday that his country would support the planned procedural resolution by the United States on Sri Lanka at next month’s session of the United Nations Human Rights Council.

 

Addressing a seminar, Mr. Burt,  referred to a wide range of issues. While acknowledging progress made by Sri Lanka in the post war period, he was critical of some matters including the impeachment of former Chief Justice Shirani Bandaranayake.

Meanwhile, the British High Commission in Colombo said that Mr. Burt, delivered a lecture on “Sri Lanka: 2013 and beyond” at the Lakshman Kadirgamar Institute for International Relations and Strategic Studies.

"In a tough speech, the Minister called on the government to implement the LLRC report in full. He also looked to Sri Lanka as host of the Commonwealth Heads of Government Meeting (CHOGM) in 2013 to demonstrate its commitment to Commonwealth values. He spoke about “the golden thread of development” which British Prime Minister David Cameron has outlined in his capacity as current co-chair of the review of the UN Millennium Development Goals," the High Commission said.
Minister Burt said:

“The golden thread describes the underlying conditions that provide the foundation for sustainable prosperity and development.
Among these, first and foremost is an absence of war. It is clear that the end of the conflict in 2009 has underpinned your country’s recent growth.  The end of the scourge of terrorism has opened a new chapter.

But an absence of war alone is not enough.  As David Cameron has said, we believe that true prosperity is not possible without good governance, property rights and the rule of law, effective public services and strong civil institutions, free and fair trade, and open markets.”
He then noted the UK’s concerns about recent developments in Sri Lanka, from the impeachment of the Chief Justice to intimidating attacks on lawyers and others, and called on the government to uphold human rights and the rule of law. He also noted that it is clear that scrutiny from the international community will be even more intense in 2013 – the year that Sri Lanka is due to host the Commonwealth Heads of Government Meeting.  He said:
“CHOGM is a time to recall the values uniting the Commonwealth – values to which we have all freely agreed.  As the UK has repeatedly stated we have not yet decided on the level of any attendance at CHOGM, but we will be looking to Sri Lanka, as we would any host, to demonstrate its commitment to upholding the Commonwealth values of good governance and democratic principles, adherence to the rule of law and respect for human rights.  This will help ensure a well-attended and successful meeting.
And I hope too that it can be a helpful reminder of the golden thread.  A way for countries to ensure that the necessary conditions for long term stability are in place.  A chance to showcase Sri Lanka’s development and opportunities to the world.  An occasion for the rest of the world to invest in Sri Lanka’s economic and political future.
It is the responsibility of states to protect the rights and freedoms of every citizen, and it is the responsibility of Commonwealth members to remind each other of our declared common values.  So the Meeting will also be an opportunity for the Commonwealth and the wider world to see the situation for ourselves.
We will do all we can to help you achieve these goals. But ultimately it is, of course, up to the Sri Lankan government and people to shape the country’s future."

The full speech
 Alistair Burt MP
Sri Lanka: 2013 and Beyond
Colombo, 1 February 2013

Introduction

1. Thank you for this opportunity to speak to you today.

2. I am delighted to be back in Sri Lanka, two years on from my last visit, and in particular to be speaking here at the Kadirgamar Institute.

3. Lakshman Kadirgamar brought great distinction to his many roles: as President of the Oxford Union, as a lawyer and as a Foreign Minister of Sri Lanka.  He was a great friend of the UK, and the deep respect and admiration was mutual.  His assassination by the LTTE in 2005 was both an appalling act and a tragedy.

4. The values for which he stood: democracy, individual rights and the rule of law, his belief in the importance of international institutions, are as important now as they have ever been.

5. Since my visit to Sri Lanka in 2011, I have indeed been struck by the development that has taken place here.  The absence of conflict has brought greater security and opened up opportunities throughout Sri Lanka.

6. During uncertain economic times your economy has continued to experience high levels of growth – which is something we are seeing across the country.  On my visit to the North yesterday I saw firsthand the changes that are taking place there, with much-needed economic development.

7. Your infrastructure has developed rapidly, with new roads and bridges opening up the North and East.  This is making it easier for businesses to expand throughout the island, and helping to reconnect communities.

8. But it is much more than new roads and bridges.  You only have to look around Colombo to see quite how much things are changing here – construction work is everywhere you look.  There are new homes, offices, hotels, hospitals.  The Colombo Lotus Tower, whose foundation stone was laid just over a year ago, will be among the tallest structures in the world when it is completed.

A strong bilateral relationship

9. I am pleased that the UK continues to play a strong role in supporting Sri Lanka’s development.

10. One crucial element of this is helping Sri Lanka to recover from decades of conflict.  The Department for International Development has contributed £3 million for demining work, much of which has been carried out by British charities.  The UK has also provided extensive funding through the European Union for the re-housing of those displaced by war, and for the reintegration of former combatants.


11. But, of course, our relationship goes still deeper.

12. There are over 100 British companies operating in Sri Lanka, including familiar names such as HSBC, Unilever and Standard Chartered.  I understand that British Airways is returning later this year, reflecting the fact that British tourists continue to visit Sri Lanka in large numbers.

13. Indeed, over 100,000 UK citizens visited last year, accounting for more than 10 percent of the total number of tourists visiting your country, and they are making a significant contribution to the Sri Lankan economy.

14. The UK is your second-largest trading partner after India.

15. Our links on education are strong too.  Each year, around 8,000 young Sri Lankans choose to study in the UK.  In addition, 27 UK colleges and universities offer British-accredited education here in Sri Lanka.  And we are excited by plans for one British university to open up the first in-country foreign campus next year.

16. Our British Council also plays a key role in ensuring current and future workforces continue to have excellent English language skills.  I am delighted that they are planning to open a third branch in Jaffna later this year, to complement those in Colombo and Kandy.

Building the Sri Lanka of the future

17. So Britain and Sri Lanka continue to enjoy a close and mutually-beneficial relationship covering a whole range of areas and built on our long history and mutual interest.

18. But today I want to focus my remarks on your country’s future; to talk about how Sri Lanka can fulfil its tremendous potential: economically, socially and politically.

19. Our Prime Minister, David Cameron, is currently co-chair of the panel reviewing the UN Millennium Development Goals.  He has talked about a “golden thread” of development.

20. This is an idea that applies not just to countries struggling to rise out of poverty, but also to those like Sri Lanka who have recently achieved middle income status, and which aspire to make the transition to high growth and high per capita wealth.

21. The golden thread describes the underlying conditions that provide the foundation for sustainable prosperity and development.

22. Among these, first and foremost in a world of conflict is an absence of war.  It is clear that the end of the conflict in 2009 has underpinned your country’s recent growth.  The end of the scourge of terrorism has opened a new chapter.

23. But an absence of war alone is not enough.  As David Cameron has said, we believe that true prosperity is not possible without good governance, property rights and the rule of law, effective public services and strong civil institutions, free and fair trade, and open markets.

24. It is for these reasons – our determination to promote not just our own, but global prosperity – that the UK will be promoting greater transparency through its G8 chairmanship later this year.

25. These are also reasons why I have welcomed the LLRC report;

26. Why we continue to encourage  the Sri Lankan government to take concrete action to implement its constructive recommendations;

27. And it is why the UK speaks frankly to the Sri Lankan government about what more we believe it needs to do to ensure peace and prosperity in your country.

Tackling the challenges ahead

28. These issues have been an important component of my discussions during this visit.

29. I have encouraged the Sri Lankan government to cut red tape, to address corruption and to set up an effective co-ordinating mechanism for investment – each of which would make Sri Lanka a more attractive market for investors.

30. I have again welcomed the end of the war, and the end of horrific LTTE terrorism in Sri Lanka.  But I have also called on all parties to uphold civil and political freedoms, and for the government to set an example.

31. We believe in maintaining independent institutions, in encouraging individuals to speak out and engage constructively in debate.  The rule of law is crucial to long-term prosperity.

32. Respect for our legal systems is part of the cultural heritage of both the UK and Sri Lanka.  As a lawyer myself it is a principle I feel particularly strongly about.

33. For businesses, as well as individuals, knowing that there are fair, transparent and independent mechanisms for resolving disputes is essential.  And the concepts found within our legal systems – certainty of contract, non-retroactivity and the equal application of laws – are the foundation for business and growth.

34. This is why judicial independence is a core principle in free countries; why justice must not only be done, but also be seen to be done.  It is why we and others, such as the International Commission of Jurists and the UN, have expressed deep concern at the recent impeachment and dismissal of Sri Lanka’s Chief Justice.  And it is why we are so concerned to make sure individuals are brought to justice.  In particular in cases of violent attack, it simply cannot be right for the accused to be walking free.  As the LLRC said, the rule of law must prevail regardless of the political links of alleged wrongdoers.

35. But the golden thread is not about individual cases or issues; it is about institutions, about embedding cultures of transparency and consistency and fairness into the very way in which we operate.

36. And we can all improve on this.  Sri Lanka, coming out of 30 years of conflict, has a particularly difficult, and particularly important, job.  Re-embedding a culture of peaceful settlement of differences and adherence to due process will strengthen your institutions and your economy for future generations.

37. I am frequently reminded – by the government here, by victims of the conflict and independent observers – that war only ended in Sri Lanka in 2009.  Less than four years ago this country was in the throes of a hugely violent conflict that claimed thousands of lives on all sides.

38. We are, without question, happy to see the end of LTTE terrorism, and the end of war, in Sri Lanka.

39. The UK has also suffered at the hands of terrorists.  In 1973 alone, over 30 bombs exploded in London as a result of the Irish Republican Army’s campaign of terrorism.

40. So we know that dealing with the results of conflict takes time.  And we know that Sri Lanka has done much already – not least resettling internally displaced persons, demining huge areas and committing to reforms that allow all citizens to communicate in their preferred language.

41. But our experience in Northern Ireland tells us that long-term peace can only be achieved through an inclusive political settlement that addresses the underlying causes of the conflict.  We learnt hard lessons from Northern Ireland.  Because of the time it took to reach a political settlement, more lives were lost than should have been.

42. As I made clear to ministers here earlier today, more work is needed to deliver the path to reconciliation that the President has frequently and sincerely advocated.  The Government must ensure that all citizens can benefit more fully from the peace dividend and that peace is embedded for the long term.

43. And as I have said before, the LLRC report contains many constructive recommendations for action on post-conflict reconciliation and a political settlement. If the report is implemented in full, we believe it would go a long way to achieving lasting peace. Economic development is a necessary, but not exclusive, answer to these challenges.

44. The actions suggested by the LLRC include a national day of remembrance for all victims of the conflict, closure for the families of missing persons through access to detainee lists, returning IDPs back to their homes, a political settlement which protects minority rights. These are sensible recommendations, coming from Sri Lanka’s own reconciliation commission, which will accelerate Sri Lanka’s recovery from conflict.

45. The LLRC rightly pointed to the need for political institutions which give all communities a voice, and the need for steps to recognise, remember and reconcile the divisions of war.  Part of this must also include accountability before the law for those on all sides accused of human rights abuses during the conflict. And that applies equally to investigating and prosecuting disappearances and abductions that have happened since 2009, as well as answering allegations of crimes committed during the war.

46. We applaud the establishment of the Commission. Now is the time for implementation.

Looking towards the Commonwealth Heads of Government Meeting

47. I have been asked a number of times over the last three years why the UK cares about Sri Lanka.

48. It is because our links are deep.  We have an important partnership, we have history and we want to see a secure, prosperous and stable country for all Sri Lankans.  This is in both of our interests.

49. I do not need to tell you either that Sri Lanka has come under intense international attention on these issues in recent years.  That scrutiny will return at the UN Human Rights Council in March, which will review progress on the implementation of the LLRC recommendations. This is an opportunity for Sri Lanka to set out its achievements and challenges, and work with the international community to advance our shared objectives.

50. Greater openness should lead to greater understanding on all sides. We very much welcome the invitation for the UN High Commissioner for Human Rights, Navi Pillay, to visit Sri Lanka; and we look forward to and her taking this up.  But we also want to see the same invitation extended to UN Special Rapporteurs.

51. And I think it is clear that scrutiny from the international community will be even more intense in 2013 – the year that Sri Lanka is due to host the Commonwealth Heads of Government Meeting.  CHOGM is a time to recall the values uniting the Commonwealth – values to which we have all freely agreed.  As the UK has repeatedly stated we have not yet decided on the level of any attendance at CHOGM, but we will be looking to Sri Lanka, as we would any host, to demonstrate its commitment to upholding the Commonwealth values of good governance and democratic principles, adherence to the rule of law and respect for human rights.  This will help ensure a well-attended and successful meeting.

52. And I hope too that it can be a helpful reminder of the golden thread.  A way for countries to ensure that the necessary conditions for long term stability are in place.  A chance to showcase Sri Lanka’s development and opportunities to the world.  An occasion for the rest of the world to invest in Sri Lanka’s economic and political future.

53. It is the responsibility of states to protect the rights and freedoms of every citizen, and it is the responsibility of Commonwealth members to remind each other of our declared Commonwealth values.  So the Meeting will also be an opportunity for the Commonwealth and the wider world to see the situation for ourselves, and indeed, the Prime Minister made very clear it is the best way to understand any situation in any country.

54. Four years after the war, Sri Lanka has an opportunity to demonstrate that it is doing everything possible to make peace here sustainable, and that it is upholding the rights of all its citizens.  This is the time for Sri Lanka to create a peaceful, free, democratic and prosperous future.

55. We will do all we can to help you achieve these goals. But ultimately it is, of course, up to the Sri Lankan government and people to shape the country’s future.

56. It is a future that can and should be bright, for 2013 and beyond.

57. Thank you.