Wednesday, February 27, 2013

An unfavourable situation has arisen for Sri Lanka in UN session – Tissa Attanayake

Wednesday, 27 February 2013

Special Media Release On the UN Human Rights Council Sessions in Geneva Issued by General Secretary of the UNP, Hon. Tissa Attanayake MP

If at the 22nd sessions of the United Nations Human Rights Council a situation which is prejudicial to Sri Lanka arises, the entire responsibility should be borne by the government led by the President, especially Ministers Prof. G.L.Peiris and Mahinda Samarasinghe who participated at last year's UN General Assembly and the UNHRC sessions promising the international community the sun, moon and stars.

According to reportsat the current Geneva sessions, a Resolution against Sri Lanka is will be presented by a group of countries headed by the U.SA. India too will be extending its support, However, cabinet spokesman, Minister Keheliya Rambukwella, says, '…according to the whims of the international community, as a country we are not prepared to go down on our knees before them'. Thus the government is continuing to hide the truth from the masses and marking time with mere verbal bravado.

We believe that the people have a right to know the real situation that prevails today.

At the 2012 UNHRC sessions in Geneva, a Resolution under US auspices was passed, urging Sri Lanka to implement the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) Report. These recommendations were compiled by a Commission appointed by President Mahinda Rajapaksa himself, and it was the belief of the entire government, including the President, that these recommendations should be duly implemented. Moreover, at the 2012 Geneva UNHRC sessions, Minister Samarasinghe assured the international community that they would indeed be implemented, and Professor G.L. Peiris participating at last year's UN General Assembly sessions, too confirmed this idea.

Regarding the position of India, what must be remembered is that in May 2009, at the UNHRC sessions, when the Resolution was brought against Sri Lanka, She supported Sri Lanka by voting against the Resolution. However, subsequently, Sri Lankan representatives led by Professor Peiris were still meting unfulfilled promises to India, saying that the 13th Amendment would be fully implemented, and that the Provincial Council elections in the North would be expeditiously held. However, since nothing positive has thus far been achieved, inter state trust between the two nations are frayed. If India this time votes against Sri Lanka, it would not be any surprise or wonder and that responsibility should be borne by this government for having promised the sun, moon and stars to the Indian government, leaving them only with yet unfulfilled and false promises.

Presently at the UNHRC, an unfavourable situation has arisen for Sri Lanka, not for any other reason, but solely because of the unfulfilled promises given to the international community by the government and its Ministers, has boomeranged on the government itself.

In this situation, the government is intent on just expressing empty rhetoric and bravado against the international community and attempts to please the people of this country, and when this is not possible, the responsibility is then heaped on one or two ministers and thereby President Rajapaksa saves his own skin. Yet, we must not forget that without the knowledge of the President, not a single hair of any Minister can fall to the ground. The entire government led by the President is accountable for the sorry situation that is prevailing in Geneva.

Finally, what is regrettable is that, those who finally have to bear the consequences of all this, are the innocent people who have no idea whatsoever what all this is about.

Tissa Attanayake, MP

Genera Secretary,

United National Party

February 26, 2013.

The Fog Of War

By Kath Noble -February 27, 2013

Kath Noble

Last week, we were once again forced to think about what happened at the end of the war, with Channel Four releasing a preview of its latest documentary, ‘No Fire Zone‘, and the director, Callum Macrae, promoting it in interviews with newspapers and television stations around the world.

In principle, this should be a good thing.

Nobody should be left to think that getting rid of the LTTE was easy. The Government made a huge mistake in presenting its military campaign as a ‘humanitarian operation’ with ‘zero civilian casualties’. In the first place, this was a propaganda disaster, since everybody who had to be persuaded that the war shouldn’t be abandoned knew that it couldn’t possibly be true, on the very obvious basis of experience throughout the world and throughout history. It simply goaded people like Channel Four to try to catch them out.

It is a mystery to me why people claim that the Government was brilliant at propaganda. In fact, its spokesmen often said absolutely ridiculous things. If they had toned down their rhetoric and explained that despite the massive difficulties posed by the tactics adopted by the LTTE, they were doing their level best to avoid unnecessary death and destruction, they would have avoided an awful lot of trouble.

Whether or not that is true is another matter.

But secondly, in the process of their totally foolish attempt to deceive one group of people, they actually managed to convince another.

Hence there are now Sri Lankans who don’t even need to look at photos of Prabhakaran’s 12 year-old son or senior commander Colonel Ramesh to be completely sure that they have been faked – their forces couldn’t possibly be responsible for excesses. They have developed a kind of superiority complex, since they are equally sure of the failings of other countries (particularly America).

Ironically, it is the existence of such a body of opinion that motivates the well-meaning among the international community to keep pushing for an investigation into war crimes.

Of course the international community is not all well-meaning, but even people with ulterior motives have to keep up appearances. They have to present arguments that make them look as though they have the best interests of humanity uppermost in their minds, for their actions require at least a veneer of legitimacy.

(America is particularly good at that.)

This motivation was clearly visible in the interview given by Navi Pillay to The Sunday Times this week. The UN High Commissioner for Human Rights said that a war crimes investigation was needed to achieve reconciliation and to prevent impunity. In essence, she argued that Sri Lankans won’t be able to live together without addressing war crimes allegations and that ignoring war crimes allegations increases the risk that both they and others will be subject to excesses in future.

Telling such people to get lost is no doubt tremendous fun for Wimal Weerawansa, but the rest of us could probably manage a slightly more thoughtful response.

Are we really for impunity and against reconciliation? Because this is how it looks.

It is my contention that under normal circumstances, Sri Lankans would be far more concerned about these issues than Channel Four or anybody else. The country has undergone two bloody rebellions in the South and one in the North and East, in the process of which several hundred thousand people have been killed. In the North and East, memories are fresh, but they have not faded much in the South either – virtually everybody over the age of 30 or 35 saw the bodies with their own eyes, often including those of their own family and friends. They know about war crimes, unlike people in Britain, most of whom have not lived through anything even vaguely comparable.

They must also have noticed that these things keep happening to them. They are the ones who have to worry about precedents being set, since precedents are far more likely to affect what goes on in their country than what goes on in London.

They know that they have to live together or die together.

However, wartime is abnormal, and it is hardly surprising that the majority put these thoughts out of their minds when the LTTE was around.

What Channel Four and others fail to see is that the way in which they conduct themselves results in the perpetuation of this wartime mentality, so that every new revelation achieves the exact opposite of what it should.

Take the photos of Balachandran. From the clip of ‘No Fire Zone’ that was played for MPs in Delhi on Friday, it was not clear whether there is proof that his murderers were from the Army. I expect that there isn’t, since the article in The Independent that first drew attention to them doesn’t mention it. However, there is very little doubt that he was murdered by somebody.

This is appalling.

But nobody in Sri Lanka is appalled, or if they are they don’t want to admit to it, despite the fact that he was a 12-year old child.

Neither are they appalled by the much stronger evidence regarding the death of Colonel Ramesh.

Why? Because ‘No Fire Zone’ is perceived as being part of an effort aimed not at achieving reconciliation and preventing impunity, but at punishing Mahinda Rajapaksa.

Namini Wijedasa said as much to Navi Pillay. She pointed out that the documentary is being released to coincide with the sessions of the UN Human Rights Council, as has become the pattern. She asked whether it would be fair to describe this as a ‘conspiracy’ against the Government, to which Navi Pillay gave the standard well-meaning answer, that it is not a ‘conspiracy’ but a ‘campaign’, and that there is nothing wrong with campaigning.

There is indeed nothing wrong with campaigning, but if that ‘campaign’ or ‘conspiracy’ comes across as being aimed at dislodging Mahinda Rajapaksa, it is rather foolish to expect Sri Lankans to support it, since they are still very grateful to him for finishing the generation long conflict. And if Sri Lankans don’t want to get rid of Mahinda Rajapaksa, he is not going anywhere.

To be clear, if Mahinda Rajapaksa is responsible for war crimes, he should be punished. But the only people who can punish him are Sri Lankans.

So long as calling for a war crimes investigation makes Sri Lankans want to rally behind the Government, there is absolutely no point in doing it. Indeed, it is counterproductive.

It is not simply a matter of looking at the evidence.

If the Army Commander or the Defence Secretary ordered the murder of Prabhakaran’s 12-year old son, Colonel Ramesh or anybody else, I don’t know whether there can ever be justice, but I am very sure that it will not be Navi Pillay who decides. This is in fact how it should be. Justice is not so straightforward. If Navi Pillay got her way and a war crimes investigation were launched against the will of the majority, Sri Lanka would be thrust even further into chaos than it has meandered by itself.

Practically, the only way to move things in the right direction is to demonstrably have no ulterior motives.

Callum Macrae should think about it.

*Kath Noble’s column may be accessed online at http://kathnoble.wordpress.com/. She may be contacted atkathnoble99@gmail.com.

Mahinda Yapa bowled ove r

WEDNESDAY, 27 FEBRUARY 2013

The Minister of Agriculture Mahinda Yapa Abeywardene earlier said Indian labour had to be used for harvesting purposes in the North and the East and those who come for such work would be provided with tourist visas.

He had said there was an acute shortage of labour and it was specially felt during the paddy harvesting seasons. The Minister had said, “The government is in a very inconvenienced position as it is difficult to get labourers for harvesting in the North and the East as most of our labourers leave to Western Asia, Singapore, South Korea and Italy. Those who have arrived in Sri Lanka with tourist visas are engaged in harvesting activities in the North and the East.”

It is understood that the proposal to issue tourist visas for those who work here as labourers has been forwarded after a report by officials of the Department of Immigration and Emigration toured the North and the East.

However, Minister Mahinda Yapa Apeywardena had later said there were no plans to hire Indian migrant farm workers to meet the shortage of labour during harvesting periods. Minister Yapa had said although there was an acute shortage of labour, there was absolutely no need to hire Indian migrant workers.

The change in the policy would be due to pressure after the media reported the decision by the Minister to issue visas for migrant workers say analysts. This sudden reversal of the decision indicates the bankrupt policy of the government that carries out various functions just to while away the time without any definite programme or action plan they point out.

‘Air Mail’ sold to private company

WEDNESDAY, 27 FEBRUARY 2013

The leaders of postal trade unions demand the government to abolish immediately the agreement signed secretly to sell the ‘Air mail’ facility of the Postal Department to a private company. The ‘Air Mail’ facility is the most profitable section of the Postal Department they point out.

Trade union leaders say the government has already signed the agreement to sell the ‘Air Mail’ facility to the private company and it would be the first step towards privatizing the postal sector in the island they point out.

They say they would commence a massive protest movement if the government does not abolish the secret agreement.

Speaking to ‘Lankatruth’ a trade union leader of the postal sector said, “The government has already sold the ‘Air Mail’ facility. The Postal Department maintained the service with the participation of 17 air lines including ‘Srilankan’ air lines.

However, the government has signed an agreement secretly without informing the trade unions to hand over ‘Air Mail’ facility to a private company that has no experience in postal affairs he added.

A Backward March Towards 1915?

By A.C.L. Ameer Ali -February 27, 2013

Dr. Ameer Ali

In the aftermath of a pyrrhic victory over the LTTE and in a mood of triumphalism, President Mahinda Rajapaksa lectured to an anxious nation that there would henceforth be no more Sinhalese, Tamils or Muslims, and no more majority and minority in his country but only Sri Lankans. Those who listened to those words at that time or read them afterwards heaved a sigh of relief. After a little more than one quarter of a century of physical and mental trauma inflicted upon the nation by a reckless civil war, there was every reason for the people to believe that those words of the President would be the harbinger for a bright future in which there would be genuine democracy with its embedded qualities of freedom of expression, rule of law, equality of opportunity and justice.

Disappointingly, the political and administrative developments since then have made it clear that the President’s words were no more than political rhetoric. The war wounds still remain unhealed; the national Legislature has lost its democratic aura and credibility; the Judiciary – the ultimate refuge for the grieved in a democratic society – has lost its independence; nepotism and corruption are rampant; dissent to reigning views is suppressed; and the economy in the name of globalization is increasingly falling under foreign ownership.

Much has been written and commented upon these developments and to discuss them again is not the intention here. What follows instead is a focus on another worrying phenomenon that has all the hallmarks of a similar occurrence that took place almost a century ago but in a different political and economic environment. The spectre of 1915 is looming large on the horizon. Is the country marching backwards?

The mosque in Sri Lanka, and for that matter all over the world, is the most conspicuous marker of Islamic religion and Muslim culture. Just as its multiplicity announces to the world the growing strength and religiosity of Muslims, so does any violence targeting the mosque translates automatically, at least in the eyes of Muslims, into a kind of Islamophobia. Historically, the market, like the mosque, is also closely associated with Islam and Muslims. Makkah, where Islam was born in the 7th century, was a market city situated at the cross roads of several caravan routes. Muhammad, the prophet of Islam, was born amongst a trading clan and he understood how the market works. The Quran, the Holy Book of Islam, and the hadiths, the sayings and practices of the prophet, are replete with market terminology and principles of trade and commerce. Among the Rightly-guided caliphs, Uthman, like several others after him, accumulated his riches through the market and from trade. In short, Islam was born and grew around the market, and trade and commerce are the most representative professions of that religion

Accommodated them in Kingdoms

In Sri Lanka, it was trade that brought the early Muslims to the shores of Sarendib, and the mosque came along with them. Their arrival was not one of trade following the flag but trade leading the crescent. The Sinhalese monarchs of ancient and medieval times were more than happy to welcome their arrival and accommodate them in their kingdoms, especially at a time when there was an acute shortage of a native merchant class. Muslim traders, most of whom were Arabs at the early stages, proved to be an invaluable asset to Sinhalese monarchs to establish diplomatic relations with the Muslim world. Hence, the local rulers had no qualms in allowing Muslims to practise their religion as long as it did not disturb domestic peace and inconvenience the followers of Buddhism. To practise Islam however, a mosque is essential to accommodate worshippers, because the religion exhorts praying in congregation, led by an imam. Thus, as opportunities for trade and commerce increased and the market expanded, more Muslims arrived and with more Muslims, the number of mosques also must have multiplied. The market-Muslim-mosque congruence operated harmoniously in a tolerant Buddhist environment.

The advent of the Portuguese in the 16th century spelt disaster to this congruence. Christian bigotry and economic rivalry forced the Portuguese to expel the Muslim businessmen from the occupied territories and to severely restrict the economic activities and religious practices of those who remained. The expelled sought refuge and were accommodated in the independent Kandyan Kingdom. The market-Muslim-mosque congruity resumed its existence in new surroundings. In course of time, Muslims as a community became indigenized, their market expertise won State recognition, and their mosques became another decorative piece in the kingdom’s religious and cultural kaleidoscope. Although the anti-Muslim trend in the maritime districts eased somewhat during Dutch rule, it was only under the British regime and after 1815, when the whole island fell under the new colonial yoke, that the Muslim community had its previous freedom fully restored and were allowed to settle anywhere in the country and engage in any occupation of their choice. More Muslims, especially from the Indian subcontinent, arrived, adding to the total number of Muslims. Immigration and natural increase with sporadic conversions from other religious groups increased the numerical strength of the Muslim community. Of a total population of just over 4.1 million in the 1911 census, Muslims counted 6.9%.

The plantation-led capitalist economy that developed in the 19th century created new opportunities for trading and commerce. The Muslim community that had a historical proclivity to engage in these professions utilized those opportunities and maximized the rewards. However, the country’s trading and commercial sectors were not the monopoly of Muslims. There were also others. For example, the 1911 census enumerated 51,020 Sinhalese, 19,850 Tamils and 29,239 Muslims as traders. Of the Muslim traders 18,037 were 19th century arrivals. This means, of a total of 100,109 traders, the indigenized Muslims constituted only about 11%. Yet, the Sinhalese traders could not compete, not only in the export-import sector but also in the large retail sector which were in the hands of the Muslims. The 51,020 Sinhalese traders were part of a rising class of Sinhalese petty bourgeoisie which resented economic competition from foreigners and minorities. It was this class, conjoined with Buddhist nationalists like Anagarika Dharmapala, who campaigned against the ubiquity of Muslim businesses and brought about the first Sinhalese-Muslim racial riots in 1915. In that episode, it was a religious-related incident surrounding a mosque that provided the immediate trigger. Although the anti-Muslim violence died down in the following years, Dharmapala had already warned that “there will always be bad blood between the Moors and the Sinhalese” (Dharmapala, 1965:541). Generally speaking, ‘anti-minority feelings of the Sinhala traders persisted in the consciousness’ (Kumari Jayawardena, 1986: 26).

Reduce influence of minorities

In post-colonial Sri Lanka, even though the Muslim community, unlike the Tamils, always supported the ruling Sinhalese regimes for pragmatic reasons, the anti-Muslim consciousness of the Sinhalese did not fail to burst out into open violence, especially in times of national economic adversity. At times, the undue influence that Muslim Parliamentarians could exert in national decision-making was another reason that angered the Sinhalese. In fact, one of the reasons that impelled President J.R. Jayewardene to change the Constitution from the Westminster model to a hybrid Gaullist model was to reduce the influence of minorities, particularly of Muslims, in the national legislature. It was to counter that move the Sri Lanka Muslim Congress was formed as a political party. Yet, six decades after 1915, between 1976 and 2002, there had been a total of 30, mostly localized, Sinhalese-Muslim riots in various parts of the country (M.S.M. Anas, V. Amirdeen and A.J.L. Vazeel, 2002/2008). Once again, after the defeat of the LTTE, sections of the Sinhalese Buddhists under the leadership of the militant Jathika Hela Urumaya (JHU) and its new offshoot, Bodu Bala Sena (BBS), the nation is witnessing a new phase of Islamophobia.

Tolerated by elected government

The resumption of anti-Muslim campaigns to boycott Muslim businesses, avoid eating in Muslim restaurants, and stop selling property to Muslims; rallies led by militant Buddhist monks to attack mosques and demanding the government to close them down; and political leaders re-labelling Muslims as aliens and urging them to go back to Arabia – all echo the same anti-Muslim sentiments of the 1915 Sinhalese Buddhist agitators. The 19th century phase of this Muslim resentment and its current phase have one thing in common, that is, an open economy. The difference is that the earlier phase was suppressed by a colonial regime but the current one is tolerated by a popularly elected government. The mosque and the market are in a serious state of crisis.

The post-1976 era coincided with the ushering in of an open economy that is currently being vigorously promoted by neo-liberal economic policies modelled on ‘Washington Consensus’ and monitored through Bretton Wood agencies. Although by nature open market economies create economic inequities, its late 20th century reincarnation has worsened economic inequities and created and bred ‘ethnic hatred and global instability’ (Amy Chua, 2003). This is a worldwide phenomenon engendered by the so-called market democracy under the aegis of economic globalization. Sri Lanka is no exception. It was economic inequity in the 19th century that led to the riots in 1915, but that inequity reflected an urban-rural divide in which poverty remained largely a rural phenomenon. The ubiquitous retail Muslim trader in the villages and country towns inevitably appeared as the epitome of this inequity and became an easy target for the Sinhalese petty bourgeoisie and nationalists to vent their anger against colonial capitalism. In contrast, the current scale of inequity, in spite of respectable growth rates after 2009, has no such divide but a national phenomenon. It is systemic. Then why have the Muslims become the target of attack this time

Where Will The Buck Stop? Whose Head Will Roll?

By Charitha Ratwatte -February 26, 2013

Charitha Ratwatte

A British politician the other day was heard expressing the opinion that the scandal evolving Britain and Europe, of horse meat being labelled as beef and sold in super markets as an ingredient of pre-cooked food, was an ‘international conspiracy’.

In the recent past many politicians around the world have found such ‘international conspiracies’ a convenient whipping horse on which to blame the various acts and omissions of misgovernment by them, which have wrought economic and political havoc upon their people.

External influences are much easier to blame for the misfortunes of a country, than for a ruling politician to admit their own or their stooge acolytes mistakes or acts of omission and commission fuelled by corruption. Cartoons of local newspapers are full of ridicule being poured on politicians who recourse to this explanation for their countries misfortunes. Like ‘nationalism’ being the last resort of the scoundrel, an ‘international conspiracy’ has become the last resort of the incompetent, corrupt politician.

When all other possible explanations fail, there is no one else more convenient to make the allegation of a conspiracy against other than an external force, which has evil thoughts towards a nation’s people. We have seen it over and over again, from contaminated fuel oil, to pumping and dumping in the share market, to theimpeachment of the Chief Justice, to the debacles at Geneva and many, many more.

It is particularly depressing that a politician from a developed nation such as Britain has to resort blaming international conspirators, criminal at that, for something involving an animal which has been so useful to human development, as no other, the humble horse. Doubly so when the issue is around consumable meat, for which these countries have a plethora of laws and regulations, starting from the breeding and raising of horses, to their use, to the abattoirs where they are slaughtered, to the marketing of the meat, to the consumer’s right to accurate labelling of food products.

The humble horse Read More

Shavendra’s lecture to Marines irks US Embassy

February 26, 2013, 9:56 pm

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by Shamindra Ferdinando

The US Embassy in Colombo has expressed concern over US Marines Corps inviting Sri Lanka Deputy Permanent Representative in New York Maj. Gen. Shavendra Silva to deliver a lecture at the prestigious Marine Corps University in South St. Quantico, New York recently.

The lecture was conducted last week.

Well informed sources told The Island that the US Embassy had raised the issue with the State Department while asserting that the Colombo mission should have been consulted.

Maj. Gen. Silva holds ambassadorial rank.

Sources pointed out that the Marine Corps invitation couldn’t have come at a better time for Sri Lanka facing a second US resolution at the ongoing United Nations Human Rights Council (UNHRC) sessions in Geneva targeting the country over accountability issues.

Former General Officer Commanding (GOC), the Army’s most successful fighting formation Task Force I/58 Division, was the first Sri Lankan armed forces officer to address the Marine Corps University. The Division, which fought on the Western front liberated Pooneryn in Nov. 2008 before turning eastwards.

The Defence Ministry gave the go ahead for the lecture as the government realized the importance of sharing Sri Lanka’s experience in defeating the LTTE with US forces. Sources said that Ambassador Silva’s primary message was that terrorism could be defeated.

Meanwhile, the Marine Corps University Foundation invited him to the annual presentation of Semper Fidelis award at the Crystal Gateway Marriott, Arlington, Virginia. The prestigious award is given to a person who has demonstrated high principles and dedicated service to the US. This year’s recipient was Antonin Scalia, Associate Justice of the US Supreme Court.

Asitha Perera gets a commission from landlord for official house rent

Wednesday, 27 February 2013

Sri Lanka’s outgoing Ambassador in Rome Asitha Perera has been paid a commission by his landlord from the house rent for the official residence.

Mr. Perera who pays cash to the landlord says that this saves money for the country but the true story is otherwise. When an Italian receives cash he/she does not need to pay tax on that as he/she can spend that keeping in the purse.

But according to Italian law every transaction which is above Euro 999/- should be done via cheques. The house rent of the residence of the Ambassador Perera is over Euro 14000/- per month.

Asitha Perera used the same tactic in South Korea when he was working as the Ambassador in Seoul. Finally the official bank of Sri Lanka Embassy in Korea suspended all embassy accounts and even Embassy cars were not permitted to enter to the bank building.

The Embassy building and the garden in Rome have not been cleaned/maintained for months now. As there is no law and order in the Embassy the minor employees are not doing any work expected from them.

Gota orders release of Maithri’s son

Wednesday, 27 February 2013

Defence and Urban Development Ministry Secretary Gotabhaya Rajapaksa had directed the IGP to release Health Minister Maithripala Sirisena’s son, Pallewatte Gamaralalage Daham Sirisena (20), who allegedly assaulted Batticaloa DIG Ravi Vaidyalankara’s son Asela Vaidyalankara (27) on the 24th.

It is learnt that Minister Sirisena had put pressure on a special doctor at the Batticaloa Hospital to issue a report saying that his son was not under the influence of liquor.

The DIG’s son who was severely injured in the incident was transferred to the Colombo National Hospital from the Batticaloa Hospital.

The DIG’s son was assaulted when he had asked Sirisena’s son and his group of friends, who were trying to take photographs of themselves without any clothes, not to take photographs with himself and his wife in the background. The incident had taken place at the Malu Malu Hotel.

The DIG had complained to the IGP about the incident where his son was severely beaten. However, the DIG had been asked to keep silent if he wished to protect his job.

Interestingly, it was MP Namal Rajapaksa who has paid great attention to ensure that the attack on the DIG’s son receives media publicity.

Hundred acres for Rohitha’s satellite center

Wednesday, 27 February 2013

Over 100 acres of land has been acquired by the government near the Sooriyawewa Mahinda Rajapaksa Stadium in Hambantota to set up a satellite center. It is a project initiated by the President’s youngest son, Rohitha Rajapaksa.

Equipment for the center are to be imported by a private company and work on the first phase is to be completed by end March.

Reliable sources say that several companies have been established under the names of persons close to Rohitha in order to set up the center, import equipment and install them.

Sri Lanka: Acts of surveillance and intimidation of Mr. Lakshan Dias

URGENT APPEAL - THE OBSERVATORY

LKA 001 / 0213 / OBS 020

Intimidation acts / Threats

Sri Lanka

February 26, 2013

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention on the following situation in Sri Lanka.

Brief description of the situation:

The Observatory has been informed by reliable sources about the acts of surveillance and intimidation of Mr. Lakshan Dias, a well-known human rights lawyer in Sri Lanka. In particular, Mr. Dias has appeared for victims of human rights violations in fundamental rights applications before the Supreme Court and lower courts. He has also been an active and leading member of Lawyers for Democracy and the Lawyers Collective, which in late 2012 and early 2013 led the campaigner against the impeachment of the Chief Justice of Sri Lanka[1].

According to the information received, from February 22 to February 26, 2013, men in motorcycles and white van have been loitering around Mr. Lakshan Dias’ residence. White vans are widely used for abductions in Sri Lanka and are cause for fear. Some of these went away without speaking to anyone. But others spoke to Mr. Lakshan Dias’ wife and neighbours and asked about him without giving specific details.

A formal complaint was lodged on these threatening developments at the Moratuwa police (Colombo district) under reference no. CIB-1- 232/442 on February 25, 2013. Updates of further incidents were also communicated to the police. As of today, action taken by the police is not known.

One of the persons who visited the neighbourhood and asked about Mr. Lakshan Dias identified himself as an Inspector of Police to a neighbour, but later on, the Officer in Charge of the police station to where Mr. Dias lodged a complaint denied knowing an Inspector by that name.

The Observatory expresses its deep concern about those acts of surveillance and intimidation, which seem to be aimed at sanctioning Mr. Lakshan Dias’ human rights activities. Reportedly, other lawyers who were involved in the campaign against impeachment of the 43^rd Chief Justice of Sri Lanka also faced acts of surveillance, attempted abduction, shootings and threatening letters. The Observatory fears for Mr. Dias’ physical and psychological integrity, and calls upon the Sri Lankan authorities to guarantee in all circumstances his physical and psychological integrity.

Actions requested:

Please write to the authorities in Sri Lanka, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Lakshan Dias;

ii. Carry out a thorough, impartial and transparent investigation into the above mentioned facts in order to identify all those responsible, bring them before a competent and impartial tribunal and apply to them the sanctions provided by the law;

iii. Put an end to any act of harassment against Mr. Lakshan Dias and all human rights defenders in Sri Lanka, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Sri Lanka.

Addresses:

President Mahinda Rajapakse, Presidential Secretariat, C/- Office of the President, Temple Trees 150, Galle Road, Colombo 3, Sri Lanka, Fax: +94 11 472100 / +94 11 2446657 / +94 11 243 0590, Email: secretary@presidentsoffice.lk / lalith@icta.lk / priu@presidentsoffice.lk /gosl@presidentsl.org
D.M. Jayaratne, Prime Minister of Sri Lanka, No. 58, Sir Ernest De Silva Mawatha, Colombo 07, Sri Lanka. Fax no: +94 112 575454. Email: slpm@slnet.lk, slpm@pmoffice.gov.lk
Justice Priyantha R. P. Perera, Chairman, Human Rights Commission of Sri Lanka, No. 165 Kynsey Road,Borella, Colombo 8, Sri Lanka. Fax +94 2694924 / +94112696470 / +94112689558, Hotline +94 2689064. Email: sechrc@sltnet.lk
H.E. Mr. Ravinatha P. Aryasinha, Ambassador, Permanent Mission of Sri Lanka to the United Nations in Geneva, 56 rue De Moillebeau, 5^th Floor, 1211 Geneva 19, Switzerland, Fax: + 41-22 734 90 84, E-mail: mission@lankamission.org
Embassy of Sri Lanka in Brussels, 27 rue Jules Lejeune, 1050 Ixelles, Belgium. Tel: + 32 2 344 53 94/ + 32 2 344 55 85. Fax: + 32 2 344 67 37. Email: secretariat@srilankaembassy.be

Please also write to the diplomatic mission or embassy of Sri Lanka in your respective country.

***
Geneva-Paris, February 26, 2013

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a OMCT and FIDH venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

[1] Mr. Dias has also engaged in advocacy work nationally and internationally, often speaking out against torture, arbitrary arrest and detention, disappearances, elements in the Prevention of Terrorism Act that contradicts Sri Lanka’s international treaty obligations etc., as well as on migrant workers and refugees from other countries coming to Sri Lanka. He has often offered advice and assistance to victims and families of those detained, disappeared. He has also been actively engaged with the National Human Rights Commission of Sri Lanka, participating in meetings, sharing information and offering them assistance. He has also been involved in conducting trainings for human rights defenders around Sri Lanka.