The Failure Of The Central Bank, The Golden Key Curse And The Fall Of A Chief Justice

By Lakshman I.Keerthisinghe -February 15, 2013

Lakshman Keerthisinghe

O cursed lust of gold, to what canst thou compel the heart of man! -  Virgil Aenid(Greed)

The Supreme Court of Sri Lanka in its order of 23.03.2009 granting leave to proceed in SC Applications filed by some depositors of the Golden Key Credit Card Company stated thus: ‘On a perusal of the file… it was revealed that Folio …containing report of the Head of the Special Investigation Unit (S.I.U.) of the Central Bank which had considered the very matter raised by Counsel for the petitioners ..has stated as follows:-‘In view of the above facts the examiners are of the view that the Golden Key Credit Card Company Limited carries on a finance business in contravention of the provisions of the Finance Act No.78 of 1988’.The files that have been produced do not indicate with any clarity the action that has been taken thereafter. , However there is a report to the Monetary Board dated 24.11.2006 which culminates as follows: ‘The Monetary Board is informed of the above and is invited to approve a discontinuance of the examination commenced in respect of the Golden Key Credit Card Company under Section 11 of the Finance Companies Act.’ The Supreme Court further held that  : ‘This Report does not give any reason for disregarding the findings in the Report of the Special Investigation Unit but refers to certain discussions had with the Chairman of the Ceylinco Group. It appears that the subsequent course of action has resulted entirely on the basis of these discussions had with the Head of the very institution which was being investigated.’ The bench headed by the then Chief Justice Sarath N Silva comprised of Hon.Justice Shiranee Tilekawardene and Hon Justice K,Sripavan as the other two judges.

It was reported in the media that the Central Bank is attempting to hide its failure in duty by stating that they had placed advertisements warning people not to deposit money in unregistered finance companies. It is ridiculous to hide behind such an excuse when the Central Bank is charged with a legal duty to supervise non banking institutions and prohibit illegal operations of such companies as reported by the S.I.U. The officers who ordered the discontinuation of the examination of the   Golden Key Credit Card Company should face investigation and punishment for the misery they brought upon thousands of depositors. Thus it is evident that the Monetary Board of the Central Bank chaired by the Governor failed to act by prohibiting the operation of the said fraudulent Company thereby bringing misery to thousands of depositors who deposited their hard earned monies including their EPF and ETF Funds, money obtained by the sale of their only residential houses and properties in view of the high interest rates offered by the said Company headed by the fraudster Lalith Kotelawala, who is retaining the Deshamanya title and presently enjoying a luxurious life style being out on bail whereas the other fraudster Sakvithi having defrauded a very less number of depositors for a much less sum of money is languishing in jail along with his wife whilst his two innocent children are in the care of probation officers. Mrs.Cecilia Kotelawala is in England and the British Government recently issued a statement that as the Sri Lankan Government has not asked for her extradition they are not pursuing the matter although there is a warrant out for her arrest in connection with the Golden Key Fraud. It must be noted that the Central Bank is placed directly under the purview of the Head of State who is also the Minister of Finance. Due to the failure of the Monetary Board to perform its legitimate functions in prohibiting the operations of the said Company thousands of Sri Lankan citizens and their families are suffering in utter misery. While these depositors were from time to time assured of relief by the Head of State that relief appears to be very slow in coming although the matter was highlighted by the Government to oust the Chief Justice Dr.S.A.Bandaranayake. One Cabinet Minister unashamedly referred to the Chief Justice as a thief (hera in Sinhala) during the impeachment debate in the Parliament. This statement may go down in world history as the first occasion at which an incumbent Chief Justice of any country was referred to by a Cabinet Minister in such derogatory terms in the Parliament of any country. But as stated n the Bible Exodus Acts 7:35 Who made thee a ruler and a judge over us?’ would have been a proper question to pose in response to that statement. Then again it is the people of Sri Lanka who send elected representatives to Parliament but the legislators are tasked with the making of laws and not in passing judgement over citizens, which is strictly a judicial power.

Be that as it may there is also another aspect that has to be considered. It was also reported sometime ago  in the media that in an order of the bench headed by the Chief Justice Dr.S.A.Bandaranayake, the Supreme Court in a case filed for the vindication of the fundamental rights of the depositors of the Golden Key Credit Card (GKCC) Company who were about to receive repayment on the proceeds of the sale of the Golden Key Eye Hospital suffered a terrible set back when the matter was reverted to the Commercial High Court (CHC) thereby thousands of depositors and their families who were anxiously hoping for repayment, at least partly, in time for the Sinhala and Hindu New Year lost that opportunity. Counsel representing a depositors’ association submitted to court that the case can be referred to the CHC after the three assets are disposed of and a part settlement made to depositors. Cases in the CHC drag on for a long time. Justice delayed is justice denied. For the past one and half years, not a cent had been repaid to GK depositors. In any event as the Supreme Court is the final appellate Court the matter would eventually end up in the Supreme Court after protracted litigation by which time the elderly depositors who had invested their EPF and ETF funds in Golden Key in the hope of leading a comfortable life in the evening of their lives would have gone to their graves after spending their last days in misery. The echoes of their mental agony would reverberate on the living, who were either architects or contributed to the non refund of their hard earned money thereby resulting in their misery falling upon such persons and their families without a doubt. In the absence of judicial intervention, divine intervention would undoubtedly ensure punishment to such wrongdoers. “We are shattered”, said Ms. Dushanthi Hapugoda, President of the All GKCC Depositors’ Association. “We thought we will receive at least another LKR 100,000 repayment to meet the pressing needs of our children during the forthcoming New Year”, “What a battle it was for three long years – we didn’t even have time for our personal commitments. We had to struggle and struggle in search of justice”, she said. It was reported that a buyer for the ENT hospital was present in court with his lawyer and was prepared to place a non refundable deposit of USD 1 million within four days and pay the balance before April 30 that year with the permission of the Court as the Court had earlier ordered that the assets be advertised for sale, in the local media..Prof. Lakshman R. Watawala, Chairman of the Committee of Chartered Accountants said that LKR 1.4 billion can be raised if the three key assets are disposed of. This will enable a repayment of at least LKR 200,000 each to depositors. Ms. Hapugoda said that more than LKR 200 million has been spent on the Committee to carry on its work. The three members are paid LKR 200,000 each per month. “There are buyers for some of the GK assets. What we plead for is to sell these assets and make at least a part payment to desperate depositors, some of whom have already committed suicide in despair”, she said. In an earlier media report it was stated that the Celestial Residencies, another Ceylinco property was to be acquired by the State without any repayments being made to the depositors whose money had been invested in the property. When the Supreme Court had earlier ordered the advertising of these assets for sale thereby spending the money of the poor depositors to meet the advertising costs the above order came as a surprise to the hapless depositors. The Chief Justice was charged with accepting a Rs.1.6 million rebate from one of the companies belonging to the Ceylinco Group in purchasing a property for her sister. This could easily be construed as conduct unbecoming of a judge in dealing with a property that came within the purview of a case on which such judge was required to adjudicate.

As Kautilya said in his Arthashastra speaking of the King or the ruler:‘a king with a depleted treasury eats into the very vitality of the citizens and the country.’ At the same time ‘a king, who impoverishes his own people or angers them by unjust exactions will also lose their loyalty.’ Kautilya further stated ‘impoverishment, greed and dissatisfaction are engendered among the subjects, when the king:(i) fails to give what ought to be given and exacts what he cannot rightly take;(ii) does not punish those who ought to be punished but punishes those who do not deserve to be;(iii) indulges in wasteful expenditures, destroys profitable undertakings and (iv) fails to protect the people from thieves and robs them himself.

Even at this late stage if His Excellency the President as the Minister of Finance admits the failure of the Central Bank and intervenes to grant solace to the depositors it would be a blessing as this would avoid the curse of the Golden Key falling upon others as it did on the fallen Chief Justice of Sri Lanka.

WORLD: The final call for assistance in the case Wengadasalam Sudeshkar -- US$ 6,000 is still needed for the payment of blood money

February 15, 2013

The Asian Human Rights Commission has learned from the mother of Wengadasalam Sudeshkar that so far, the family has been able to raise Rs. 2,800.000-/= (Rs. 2.8 Million) out of the total requested amount of Rs. 3.5 Million. This amount has been raised by the family selling whatever they could from their already extremely meager possessions plus the contributions made through a few local benefactors and the donations received through the Asian Human Rights Commission.

The family is concerned because the total sum has to be ready within one week from today and calls upon everyone to assist them to cover the short fall.

The Asian Human Rights Commission understands from the family that the cost of the lawyer for the further handling of this case will be covered by the government of Sri Lanka.

We are once again reissuing the appeal together with the bank details for transmission of any assistance and urge that as the time available is short any contributions are made on an urgent basis.

WORLD: Seeking financial aid to save 22-year-old Mr. Wengadasalam Sudeshkar from execution in Qatar

Earlier, the Asian Human Rights Commission (AHRC) informed the public in Sri Lanka and abroad about the possibility of yet another person being beheaded in the Middle East like the earlier incident of Ms. Rizana Nafeek. Mr. Wengadasalam Sudeshkar was sentenced to death on December 31, 2012. At the time of the incident that caused an unintentional death, for which Sudeshkar was tried, he was 20 years and six months of age.

After negotiations held by the Sudeshkar's relatives, with the family of the deceased, the deceased's family expressed their willingness to enter into a settlement on the case, given the circumstances of the incident that led to the death of their family member. According to the law prevailing in Qatar, it is permissible to arrive at such a settlement on the basis of the payment of what is known as 'blood money'.

The sum that has been agreed upon is Rs. 3.5 Million, which amounts to US$ 28,000 (QAR 100,000).

The AHRC has earlier published the letters written to His Excellency President Mahinda Rajapaksa and to the Sri Lanka Bureau of Foreign Employment. Despite making these urgent requests it has not been possible to get any response from the Sri Lankan authorities guaranteeing assistance to make this payment.

Mr. Wengadasalam Sudeshkar comes from a very poor family living Kala Eliya, Sri Lanka. His mother has appealed for support to rescue her son, stating that the family is not in a position to provide this 'blood money'.

After publication of the appeals made to the Sri Lankan President, the AHRC has received many responses requesting that under these circumstances the only practical course of action available is to make a public appeal for the collection of this sum in order to save the life of this young man who faces the imminent threat of execution.

Under these circumstances, the AHRC is launching this fund raising campaign to raise the necessary sum to support the family of Mr. Wengadasalam Sudeshkar to enable them to take the necessary steps to rescue their son.

We are urging everyone to support this call with the view to avoid another tragedy like that of Ms. Rizana Nafeek. As a gesture of the AHRC's own commitment, it will contribute initially US$ 3,000.00 for this fund. We are calling upon all persons of good will to contribute generously for this purpose. The AHRC undertakes to be responsible for all issues relating to accountability for all monies received.

The following account has been opened for the specific purpose of this fund. The account bearer, the Asian Legal Resource Centre is a sister organisation of the AHRC.

Bank information of Asian Legal Resource Centre Ltd.

Name of the Bank: Hang Seng Bank Ltd.
Address of the Bank:
Hankow Road Branch
4 Hankow Road
Tsim Sha Tsui
Kowloon, Hong Kong
Swift code: HASEHKHH
Account no.: 295-8-710341 (Multi Currency Saving Account)
Account holder: Asian Legal Resource Centre Ltd.

The Asian Human Rights Commission address is as follows:

Unit 701A, Westley Square
48 Hoi Yuen Road
Kwun Tong, Kowloon
Hong Kong SAR

Kindly inform us at ahrc@ahrc.asia of any contributions made so that we can keep a track of these and deal with the issue in an expeditious manner as required under these circumstances.

For further information please see the Open Letter written to the President of Sri Lankahere.

Father Of “Jathika Chinthanaya” Endorsed “Devolution”: Now Who Is Weerawansa ?

By Kusal Perera -February 15, 2013 

Kusal Perera

The LLRC Final Report, despite the reluctance of the Tamil Diaspora in accepting and pressurising for its full implementation, has now become the basis of negotiations and resolutions at the UNHRC sessions. This March too, the Rajapaksa regime would have to fight a diplomatic battle to avert another “Resolution” the US administration has given notice on. What has not received any attention, but is also extremely important is the other “committee” that was established by President Rajapaksa, way before the LLRC was established. The All Party Representative Committee (APRC) established by President Rajapaksa in July 2006 and sat through 128 sessions till April 2009, came up with a Final Report with the consent of the “Father of Modern Sinhala Jathika Chinthanaya”, Prof Nalin de Silva, a miracle in this island nation. That broad consensus the APRC Final Report has, which also includes the official public face of the Jathika Hela Urumaya (JHU) Gammanpila in it, can not now be reversed by Sinhala “podiyens” like Weerawansa shouting hoarse against devolution and the 13^th Amendment.

For the benefit of those who think the JVP withdrew from the APRC proceedings after announcing a principle stand against “devolution” in December 2006, during the era Weerawansa was its parliamentary group leader, let us remind ourselves that it was not the case. They withdrew on an extremely flimsy issue, that had no politics. They withdrew saying the “Experts Panel” appointed by the President to assist the APRC had no mandate to make “recommendations” for the resolution of the “national question”. They perhaps don’t understand the term, “recommendations” and therefore did not know the APRC was not mandated or bound to accept what the “Experts Panel” (divided or not) provided as expert inputs. The JVP decision to withdraw from it was thus, “kid’s mischief”.

Yet for all including President Rajapaksa, who want a permanent answer to the still controversial issue of national reconciliation with a sustainable “home grown” system of devolution, there is a large common canvas of picturing things alike, between the APRC Final Report and the LLRC Final Report. Both these high powered commissions being Presidential initiatives for the same purpose; resettlement, rehabilitation and reconciliation with lessons learnt for the future in avoiding another human tragedy, as spelt out by the LLRC Final Report and the APRC Final Report providing a very stable, “home grown” answer to all those issues in practical, democratic terms, as requested by President Rajapaksa.

With its focus on the present Rajapaksa regime and stating what has to be said in national interest, the LLRC Final Report has very clearly said, “….. lessons learnt from the shortcomings in the functioning of the Provincial Councils system be taken into account in devising an appropriate system of devolution that addresses the needs of the people.” [9.233.d]

It goes further to say, “All parties should recognize that the real issue of sharing power and participating in government is the empowerment of the people and making the political leaders accountable to the people. This applies to Sri Lanka as a whole and includes the needs of citizens of all communities, Sinhala, Tamil, Muslim and others.” [9.233]

The long term remedy thus is (i) power sharing that empowers people, (ii) makes governments accountable and (iii) addresses the needs of all communities, Sinhala, Tamil, Muslim and others.

While the Action Plan worked out by the government to implement the recommendations listed in the LLRC Final Report pays no attention to this aspect of finding a total solution to the ethnic conflict, President Rajapaksa has conveniently shelved the APRC Final Report for the past 03 years and 08 months, with neither those who sat through the whole process except MP Yogarajan and SLMC politician Kariapper demanding the report be made public, nor the Opposition political parties showing any interest in it.

As for President Rajapaksa, despite all the intelligent and practical talk in two of his major interventions (LLRC and APRC) in learning lessons and finding answers to the “national question”, he is voted in to power to take care of the Sinhala business community, which he does quite well and with finesse. The Sinhala Opposition in the South, the UNP and the JVP have both compromised with the war against “Tamil Separatism” and have been struggling to do ‘one better’ than the Rajapaksa regime in projecting themselves as Sinhala politicians. They therefore would not ask for a “Final Report” that argues for a new Constitution which organises political power in a devolved form. As for the TNA, they would not want to be seen as a campaigner for a solution they were not party to and one that would not propose a “Federal State”.

The APRC Final Report nevertheless has a detailed draft for a Constitution that has a very clear definition of what it calls a “Unitary” State. It says, Sri Lanka will be a Republic and “unitary” would mean to be an undivided and integrated State structure, where power shall be shared between the Centre and the Provinces. That according to the APRC Final Report, can be summarised as one that has,

1. a bicameral parliament
2. a stronger provincial system with devolved power
3. two elected community councils for Tamils of Indian origin and for Muslims outside North and East
4. the upper house, the “Senate” to include provincial representation
5. a Constitutional Court independent of the judiciary to safeguard the Constitution from omissions and commissions committed against the Constitution by either the parliament or the PCs.

What is extremely important is, what the LLRC Final Report says about a “Second Chamber” in the Legislature, justifying the consensus reached on it by the APRC, over two and a half years before the LLRC Final Report was handed over to the President. The LLRC Final Report says;

“An additional mechanism that may be considered is the possibility of establishing a Second Chamber comprising Representatives from the Provinces. Such a mechanism is likely to generate a sense of confidence among the political leadership and among the people in the Provinces, that they too have a vital role to play in the legislative decision making process, inter alia, by examining legislative measures that may have a bearing on issues of particular relevance to the Provinces.” [9.232]

With that, what is politically most important with the APRC Final Report is that it has the consensus of the most extreme Sinhala groups and political parties, for devolution of power as an answer to the “national question” and also in answering how development and democracy could be made effective for the rural polity.Sinhala extremism has been continuously opposing any form of “devolution” as one that only the Tamil people wanted. For the Sinhala people, they felt satisfied with the power at the “Centre” as their power, until the Sinhala political parties who opposed the CFA, opposed negotiations for a peaceful settlement of the conflict accepted devolution of power as the answer, at the APRC.

Through hard and rigorous deliberations over a period from July 2006, continuously till May 2009, different political groups and parties that held diametrically opposing positions and interpretations on the national question, on devolution and on the “State”, have agreed perhaps for the first time, on a single “report” without dissent. This may not be what this regime and President Rajapaksa expected out of the APRC when it was constituted during the escalation of the war. Neither the South, nor the North would have expected a consensual approach and agreement on the most controversial of all issue; the national question turned into a protracted war.

Today, having shelved the APRC Final Report, the Rajapaksa regime is bent on pushing its militarised approach in settling post war issues in the North – East as the only available solution. It is trying to convince the Sinhala South, that there is no other option, no alternative to what it does and that has to be allowed without any new obstructions and opposition. Heavily funded projects planned and decided by the Centre and imposed on the people in the provinces are being projected as “the” development of Sri Lanka, seeping in corruption without any semblance of transparency and accountability, and at the expense of future generations, with the APRC Final Report kept out of public domain.

It is not just the issue of this regime’s militarised approach in the North – East that could be challenged by presenting the APRC Final Report as an alternative, but also its corrupt and unaccountable governing style, that could be challenged with provincial planning and development through devolution.

While there can be debates on how a “unitary” State could be an undivided and integrated State structure that allows two governing tiers to share power, without the Centre encroaching on the powers devolved to the provinces, there is also a valid argument in saying, it is possible if adequate checks and balances are built into the Constitution in advance and by demarcating areas of power, that would not be allowed to trespass upon, given Constitutional guarantee. Therefore, this APRC Final Report is unique in terms of efforts so far made in finding a broad consensus between those who wish to enjoy devolved power and those who wish to have a Sinhala “Unitary” State.

As precisely and aptly said in the LLRC Final Report and quoted before from its Final Report [9.233], no political party would say, they don’t accept “empowerment of the people” and that they would not be “accountable to the people.” Therefore it is important to raise the endorsement given by the Sinhala political parties like the JHU and the MEP to the APRC Final Report, along with EPDP, the WPF (now DPF), CWC, the SLMC and the “Left” political parties, all accept the DPF still working as partners in this government. This broad consensus on “devolution of powers” endorsed by people like Nalin de Silva representing not only the MEP but the very ideology of anti Western “Sinhala supremacy” with the right of the provincial people in holding the political leaders accountable to them in a stronger democratic system of governance, should be made a political debate and discourse in society, especially in the Sinhala constituency.

It is therefore never too late in calling this regime and the President to officially table the APRC Final Report in parliament. It is never too late in finding a sustainable answer with the broadest possible political consensus to the national conflict that is still without social dialogue in the South and a political solution discussed in public. The APRC Final Report is so far the closest the South have got to, on devolution and power sharing and it is the South that decides politics. That thus becomes the most valid reason to have it tabled in parliament, for public discourse.

Defense Ministry slush fund is funding and promoting Balu Sena terror group – Mangala drops bombshell

(Lanka-e-News-14.Feb.2013, 11.30PM) The Ministry of defense is secretly doling out monies to Buddhist monks from its slush fund to propagate and promote the Balusena ‘s extremist terrorism against the Muslims , Mangala Samaraweera M P observed Because of Mahinda Rajapakse’s incompetence the country is fast heading for a holocaust . At this juncture when the country is nose diving , the moribund Govt. is conspiring to divert the nation’s attention by stoking religious hatred and fanning the flames of racism, he added. What is most repugnantly noteworthy is , this conspiracy is targeting our own section of Sri Lankans. The Rajapakse Govt.’s new racial and vindictive target is the Muslim community that has lived in this country for thousands of years and throughout history as citizens of SL, and along with the Sinhalese and the Tamils worked for the country’s advancement , development and even independence . • The Rajapakse regime which is in a bankrupt state , policy less and rudderless has based on jealousy , hatred and greed through a pro Taliban group of monks alias terrorists is inflaming again racial violence in the country with a view to winning over the ordinary Sinhala Buddhist people , spending billons of rupees carrying on an Island wide campaign pasting anti Muslim posters , running various websites and sowing seeds of racial hatred and protests . We are in receipt of information that monies are being provided to these pro Taliban terrorist monks from the slush fund under the defense Ministry . Moreover , it is learnt that the police too is not giving adequate protection to the Muslims during these anti Muslim campaigns. In some instances , the police had not even taken down the complaints . Like how the police was idly watching with arms crossed recently when the Lawyers who were peacefully protesting against the impeachment motion against former CJ were attacked by goons and gangsters brought in State vehicles , the police in the same way are turning a blind eye when the Muslims are being persecuted by these Buddhist pro Taliban extremists. I wish to ask , whether they are conducting themselves like this on orders received from the top ? We must thank the Muslim community for being patient amidst these provocative actions of these pro Taliban Balu sena terror group . But if this is to continue , this can constitute a serious threat to the Sri Lankans across the globe .This can have an adverse impact not only on the Sri Lankans in the middle east who are a mainstay of our economy , but even the High Commissions abroad and the staff . In 2010 in America , Florida a Christian fundamentalist Terry Jones tried to burn the Quran , and subsequently produced a film blaspheming Islam and vilifying the Prophet . A number of Muslim countries reacted sharply against this .The people in those countries destroyed the US Embassies, and killed even the US Ambassador in Libya. In Afghanistan , Egypt , Indonesia and many other countries protests were staged. Muslim extremists began attacking innocent US citizens too. The US Govt . which was not at all involved in this also had to face grave losses. Hence I implore these Balu sena extremists in this country not to play with the lives of the innocent Sri Lankans. Extremism feeds on itself , and begets extremism. Because of this country’s Buddhist lunatics , Islam extremists can be spawned. Today, the need is to reinforce the Lankan identity being a multi religious and multi racial society . Just because we in SL as Buddhists have become the majority , the whole country does not belong to us. Our whole country belongs to the Tamil community living in this country . This whole country belongs to the Muslim community living in this country., to the Burghers and Malays. While safeguarding our Sri Lankan identity , all of them have a right to carry on their traditions and customs , religious observances and protect their cultural heritage. In this country there should not be second class citizens . All should be equally protected . Specially, as Buddhists that is our responsibility. That is the best way we can serve Buddhism which is preached founded on the cornerstones of compassion , sympathy and non violence.

Civil Society Organisations Condemn Anti Muslim Rhetoric and Attacks in Sri Lanka

Civil Society Organisations Condemn Anti Muslim Rhetoric and Attacks in Sri Lanka

15 Feb, 2013

Groundviews 

Image taken from Protect the Buddhism – බුදු දහම ආරක්ෂාකරමු Facebook group.

In recent months there has been an increased outpouring of virulent anti-Muslim sentiment by persons claiming to speak for all Sinhala Buddhists. Organized groups led by Buddhist monks have held public meetings, distributed pamphlets, and made press statements. Articles in mainstream Sinhala and English newspapers have propagated ethnic and religious hatred. In addition, there have been hate campaigns via SMS, email, and face book. The consequences of this rhetoric were most apparent in the Dambulla Mosque incident where a group led by a Buddhist Monk threatened the mosque with destructionon the 20th of April 2012. More recently there have been attacks against Muslim businesses. On 24th January this year, for instance, a “demonstration” in Kuliyapitiya was orchestrated; it seems, for the sole purpose of insulting and inciting a reaction from Muslims.

The attacks on Muslims have been directed at everything: the certificationof food products as halal; the practice of hijab, abhaya and nikab among Muslim women; the beard worn by Muslim men; the azaan or call for prayer from the mosques; the Muslims’ practice of closing businesses for Friday prayers; the prevalence of certain sectarian differences among Muslims;and the ongoing debate regarding methods of slaughter for the consumption of meat. The hate rhetoric invokes the violence in certain Muslim identified countries, action of the Saudi Arabian regime, and jihadi terrorism in Pakistan and Afghanistan. The rhetoric is formulated as a concern about “Islamic Extremism” and its threat to Sinhala Buddhism.The content of this anti-Muslim rhetoric of hate is informed by globally prevalent stereotypes regarding Muslims that have proliferated as a consequence of the American led “War on Terror.”

Muslims’ distinctive dress and heightened religious and ethnic identity arethe outcome of worldwide Islamic reform. Some of the hate seems to be directed at these changes within Muslim communities. However the rhetoric also reflects an absence of knowledge regarding the actual lived experiences of most Muslims in Sri Lanka. Most of the hate rhetoric calls upon local Muslims to defend the actions of their co-religionists elsewhere in the world. These positions attempt to interpret Sri Lanka’s Buddhist heritage in a highly restricted manner with the purpose of denying individuals from other ethnic or religious communities their rights as equal citizens guaranteed by the Constitution of Sri Lanka.

This hate campaign has intensified over the last few months and the Government of Sri Lanka has done nothing substantial to condemn or to make clear that inciting hatred against minority communities will not be tolerated. The press reported recently that the President called on these groups to refrain from inciting hate; and the President’s Independence Day address criticized such incitement. This is indeed a good sign, but more is needed. At a minimum the government should investigate accusations of hate speech/writing and prosecute when necessary.

It is disturbing that this kind of misinformed display of hate has been tolerated for this long in our society. Even a few years ago these sorts of sentiments would have been unacceptable and would have been easily identified as fringe positions that have no real support within the larger community. Where are the moderate voices among our social political and religious leadership? Where is the saner counsel and why has it not prevailed? It is time that those of us who are disturbed at this turn of events make our voices heard. It is time that we rallied and stated our position against these sentiments before it is too late.

Sri Lanka is currently recovering from a brutal war and entering an extremely crucial time in its history. Today we are confronting a host of difficult issues regarding the nature of our state and society:maintaining the structures to ensure good governance, relations between majority and minority communities, and the challenges of poverty and development.

The fundamental questions that we need to address for the much needed reconstitution of our fractured polityare being eclipsed by the easier processes of demonizing a readily available ethnic/ religious “other”. What is of course disturbing about this phenomenon is that it is all too familiar from another time in our history. The demonizing of Tamils occurred in a similar manner.It should not be forgotten that it is a combination of the fear mongering and violence of July 1983 and the unleashing of state terror that escalated the Tamil struggle into one of the most costly wars of our history. We are still to address the wounds of those years of conflict let alone recover from them; this preoccupation with yet another form of otherness is a symptom of this neglect.

At a time when we need to foreground our common humanity rather than the differences spawned by a long and difficult war, we must not permit thebaser elements of our society to be our only voices. This post war period presents an opportunity to embrace the richness of our diverse cultural identities. Sri Lanka belongs to all her people—Sinhala, Tamil, Muslim (Moor and Malay), Burgher; minorities and the, majority. It is this diverse mix of cultures that has enriched Sri Lankan art and architecture, culture, food, politics and history for many centuries.We, the Sri Lankan people should not allow a xenophobic minority to define who we are.

Endorsements for the Statement:

1. All Ceylon Fisher Peoples Trade Union
2. Centre for Human Rights and Development
3. Center for Social Concerns, Jaela
4. Center for Women and Development
5. Center for Policy Alternatives
6. Centre for Women’s Research
7. Ceylon Teachers Union
8. Ceylon Federation of Labour
9. Child Vision, Puttalam
10. Council for Social Democracy
11. Commercial and Industrial Workers Union
12. Federation of University Teachers’ Associations (FUTA)
13. Food, Beverages and Tobacco Industries Union
14. Free Trade Zones and General Services Employees Union
15. Future in Our Hands Development Fund, Badulla
16. Government Printers Union
17. Health Services Trade Union Alliance
18. IMADR Asia Committee
19. Independent Port Employees Union
20. Insurance Employees Union
21. International Center for Ethnic Studies
22. Islamic Welfare Organization, Samanthurai
23. Justice for Victims
24. Kantha Shakthi
25. Kinniya Vision
26. Law and Society Trust
27. Lawyers Collective
28. Lawyers for Democracy
29. Meepura News
30. Mothers and Daughters of Lanka
31. Mosque Federation Ampara District
32. Muslim Woman Development Trust, Puttalam
33. Muslim Women’s Research and Action Forum
34. National Fisheries Solidarity Movement (NAFSO)
35. National Free Trade Union.
36. National Peace Council
37. People Help Foundation, Mannar
38. People’s Forum – Mutur
39. Progress Union
40. Red Flag Women’s Movement, Kandy
41. Research and Action Forum for Social Development, Puttalam
42. Rights Now Collective for Democracy
43. Rural Development Foundation, Puttalam
44. Sainthamarathu Welfare Organization
45. Secretariat for Muslims
46. Social Scientists’ Association
47. South Asian Free Media Association Sri Lanka Chapter
48. Sri Lanka Development Journalists’ Forum
49. Sri Lanka Muslim Media Forum
50. Suriya Women’s Development Center Batticaloa
51. United Federation of Labour
52. United Health Services Union
53. University Teachers for Democracy and Dialogue
54. Uva Shakti Foundation, Badulla
55. Uva Wellassa Govi Kantha Organization, Buttala
56. Vikalpani Women’s Alliance, Malabe
57. Women and Media Collective
58. Women Development Center, Badulla
59. Women Development Social Federation, Pottuvil
60. Women Resource Centre, Kurunegala
61. Women’s Education and Research Center
62. Women’s Coalition for Disaster Management –Batticaloa
63. Young Asia Television

Shiranthi, Women & Girls Missed Your Leadership Patronage

By Chandra Jayaratne -February 15, 2013 

Chandra Jayaratne

Madam Shiranthi Rajapaksa,

The First Lady of Sri Lanka,

Temple Trees,Colombo 3,

Dear Madam Rajapaksa,

A Plea to Give Patronage and Leadership to the Call to End Violence against Women & Girls

I write this note to represent the voice of advocacy of several hundred women and men, both young and old, who gathered at the Lipton Circus this evening to raise a powerful call to end violence against women and girls in Sri Lanka.

The group of activists missed your leadership patronage and your voice of support to strengthen their collective call, made peacefully this evening at the aforesaid event organized by a dedicated group of women. Most of the activists carried placards with advocacy messages, drawing attention to the urgent need for a change in the culture, attitudes and commitment of all in civil society, along with significant changes in the governance structure in an collective effort to eradicate violence against women and girls in Sri Lanka.

Today as people from all around the world came together to mark V-Day, a day to rise up and call for an end to violence against women and girls, women activists of Sri Lanka too joined the V-Day 2013 to mark the culmination of “One Billion Rising Movement”, a global movement of over 200 countries to end gender and sexual based violence. The call made by the women activists was spontaneously supported by other women, girls and men too, who joined in the peaceful public demonstration and candle lit vigil that followed.

Your kind attention is drawn to the enclosed copy of the Sri Lanka activists’ call, containing lyrics adapted from Bob Dylan’s popular song, enclosed. Also enclosed is a photocopy of a print out from the Daily Mirror today, describing the “One Billion Rising 14^th February 2013” call and a copy of the leaflet distributed to the public by the activists.

Independent of any collective calls and advocacy submissions of the leaders of the Sri Lanka “One Billion Rising Movement”, I take this opportunity to appeal for your patronage and supportive voice of advocacy in placing before His Excellency the President and the Government, a plea to adopt and implement the undernoted strategies towards Sri Lanka achieving the goal of significantly reducing in the decade ahead, the present high level of violence;

1. The Government and all in Society commencing from today, the 14^th February 2013, to commit to take personal and collective steps to reduce the serious incident of violence against women and girls by 50% annually and other acts of violence against women and girls by 25% annually.

2. All Law Enforcement Officials, including the Police, Officials of the Attorney General’s Department, the Judiciary and others associated to commit to clear the entirety of the backlog of inquiries of complaints, institute legal action against wrong doers where acts of violence have been committed and ensure the effective disposal of cases filed in respect of reported incidents of violence against women and girls

3. Every Police Station to have a special unit, under leadership of a lady police officer, to support and facilitate protection and safety of women and girls and to record and process complaints and inquire in to reported incidents of violence (including all reported incidents of domestic violence and other acts of violence against women and girls). These special police units to be required to prominently and publicly disclose for each month and year to date, the number of serious and other acts of violence against women and girls and how many of these complaints have following due inquiry have led to legal action being taken against alleged wrong doers (comparative trends of preceding years should also be displayed).

4. Enact necessary statutory provisions to prevent the grant of bail for serious acts of violence against women and girls 

5. Engage the assistance of Women’s Organizations and Other capable Civil Society groups with the support of  the Law Reform Commission of Sri Lanka and Legal Draftsman’s Department to make recommendations on necessary legal reforms and support speedy review and development necessary legislative amendments  and have them enacted to ensure the safety and security of women and girls and to further detract perpetrators of such violent acts due to the deterrent penal sanctions

6. Arrange to introduce special buses and train compartments for use by women and girls and reserve adequate areas of reserved seating and standing space for them in other public transport vehicles, when mixed travel is allowed

7. Review processes and systems operative in all detention centers, police stations, prisons, correction/rehabilitation centers, orphanages and welfare centers set up by the Government or Non Governmental Organizations for persons with disabilities, illnesses or needing long term care, and ensure that such operative systems and applicable supervision systems provide adequate safety and security of women and girls

8. Require the private sector to adopt rules, regulations, corporate policies and core values that minimize harassment of women and girls in employment within  the private sector and ensure these business entities strictly enforce such polices to safeguard the interests of women and girls

9. Arrange state media institutions ( and encourage private media institutions) to allocate adequate time and space to promote the call to end all acts of violence against women and girls and encourage the development of a national culture of ending all forms of violence and discrimination against women

10. Arrange to establish a permanent Commission (similar to the Human Rights Commission) to promote the due empowerment of women and girls by their capability development (knowledge, skills, attitudes and values), promote their safety, security and protection against violence and harassment and significantly discourage and reduce the numbers of women and girls seeking overseas domestic and other minor employment. This public institution to be adequately funded by national budget support, which must be at a level not less than an agreed fixed percentage of the overseas remittances derived annually in the previous year from women and girls working overseas

You would no doubt appreciate a national culture built on respect for the rights, security, safety and fair/equitable treatment of women and girls, when supported by all in civil society and promoted by the Government, will set the foundation for building Sri Lanka as a nation where equality, equity social justice, law and order prevail, with compassion, loving kindness and equal treatment of all citizens will ensure peace, unity, reconciliation and amity.

The women activists leading the “One Billion Rising Movement” in Sri Lanka will be encouraged and strengthened by your patronage, leadership support and voice of advocacy in pursuit of their collective call to end violence against women and girls

Yours Sincerely,

Chandra Jayaratne

14^th February 2012.

cc. Secretary to HE the President

Minister of Women’s Affairs and Children

Inspector General of Police

Attorney General

Legal Draftsman

Law Reform Commission

Chambers of Commerce

Media Institutions

“I paint their faces so as not to forget them” Works by Yulanie Perumbadage, a Sri Lankan of Singhalese origin, are on show in Fribourg (swissinfo) by Simon Bradley, swissinfo.ch Feb 14, 2013 - 11:00 Yulanie Perumbadage, a Sri Lankan of Singhalese origin who lives in Schaffhausen, talks to swissinfo.ch about life as a politically engaged artist in exile. She and her husband were forced to flee the island in 2009. A figure stretches its arms across the blue, grey and white canvas. “This painting is entitled ‘Réveille’ [Awakening]. As a nation we must wake up again and seek reconciliation,” declared the petite artist. A discreet smile flashes across Yulanie’s face, a happy contrast with the storm and chill wind whistling outside the LivrEchange cultural library in Fribourg. The oil painting is part of her new exhibition being shown at the library until February 27 – a collection of evocative memories and political symbols. “I paint to show what the war has done to Singhalese society,” she added. The Singhalese constitute the largest ethnic group - three-quarters of the population or 15 million people – in Sri Lanka but there are many other ethnic minorities including Tamils and Muslims. The 41-year-old was forced to flee the southeast Asian nation with her journalist husband in 2009 after they received growing threats. Employed as an art school teacher, Yulanie was also politically active and among her work had produced several anti-war paintings. From 2006 as the Sri Lankan government increased pressure on the Tamils in the north and east, intellectuals, artists, opposition politicians and journalists also started to feel the heat. “Members of groups with different ideas were pursued as enemies of the state and criminals who had to pay for their acts and were attacked in the streets. At the time you couldn’t write anything publicly against the war,” she explained. Artists were under pressure, not just from the authorities but increasingly from Singhalese people. “There were lots of incidents with school staff members and neighbours threatening me for being a traitor. My husband received lots of threatening phone calls and messages and he was put on a hit list. The first person on the list was killed,” she added. With a heavy heart the couple fled their homeland for Switzerland leaving behind their families and friends. “I realised that it was no longer possible to continue my artistic struggle for a better world in my own country,” she said. Yulanie Perumbadage (swissinfo) Skype contact Switzerland is now her home. Schaffhausen is a beautiful place, she says, and the people are very welcoming. She recently read an article that Switzerland was the best place to be born. But life here is not easy. The possibility of seeing her family again remains just a distant “dream”; they rely on Skype to stay in touch. “Living in exile is very difficult. It’s an unspeakable feeling,” she continued. “When I came here I couldn’t figure out what was going on. But thanks to help from the asylum office I’ve regained courage and picked up my brush again.” Colourful cubist portraits stare at us from the library wall. “I live here with the memory of my friends and parents. I paint their faces so as not to forget them,” she said. Her calm demeanour masks her inner turmoil. Curious upbringing Yulanie was born into a family of school teachers in a rural area near Kurunegela in north-west Sri Lanka. “I didn’t have a luxurious life but my parents always earned enough to cover our basic needs. When they got their salary it was their habit to always buy me a book,” she smiled. She was a curious child and from a young age questioning life’s inequalities became second nature: why do the children living next door go to bed without any dinner? Why are local farmers in debt to rich landowners and mistreating their families? But her teenage years were marked by left-wing and nationalist uprisings and the deaths of many young Singhalese, including many of her school friends, which deeply shocked her. “I saw so many burning bodies on the roads. Earlier they’d been tortured to death and to dissuade others they were burned in public. This was the situation in southern Sri Lanka where the vast majority of Singhalese lived,” she commented. Vermillion and crutches Violence and the ugly physical and psychological consequences of the 26-year-old war between the government and the Tamil rebels would become recurrent themes in her work. “I like using bright colours; vermillion is my favourite,” she added. Large red canvases dominate the next space covered by hundreds of tiny crutches. “Every year there were more and more people in the streets with crutches and prosthetic limbs. Behind their crutches I saw their sad stories. You can count all the numbers of people who suffered terrible war wounds, but the irremediable damage to society cannot be measured.” In another image a pile of metal-and-plastic crutches lean against traditional paintings normally found in a Buddhist temple. “After a soldier is killed their family gets financial support. Buddhist monks celebrated them as heroes and worshipped them. Any sadness was wiped out and replaced by a warrior-like enthusiasm. Many of my neighbours who I played with as a child are dead. Some I met in the street are without an arm or leg,” she noted. “The war is officially over. But there is no winner and no peace. There are just people with crutches.” From far away she still reflects on the political situation back in her homeland. And despite the distance  imagines she can somehow make a difference to heal the wounds. “I only have my pencil and brush as tools but I hope to build something here in Switzerland. I’m trying to work with Tamils and Swiss people to build up relations,” she concluded.