Claims smugglers pay for navy escort

The long journey ahead: Sri Lankan asylum seekers look from a boat during an attempted journey to Australia. Photo: Irwin Fedriansyah

Ben Doherty-March 6, 2013

Some members of the Sri Lankan navy are accused of being among the main players in the island's people-smuggling operations, helping asylum seekers leave the country in boats bound for Australia.

The navy - a recipient of equipment and training from Australia to combat people-smuggling operations - is accused by returned asylum seekers, Tamil politicians, community leaders and NGOs of allowing certain refugee boats to pass.

They allege that some boats are even escorted out of Sri Lankan waters, while others not party to its operations are stopped.

The Sri Lankan Navy has denied the claims.

One returned asylum seeker, Rajesh*, said he was told part of the 1.2 million rupees ($9000) he paid for passage to Australia would be used to pay off ''authority people, the navy and police''. He said the government, still fearful of a resurgence of the terrorist Tamil Tigers, was happy for Tamil men of fighting age to leave Sri Lanka. ''When I left, about 2800 people had been caught by the navy, but we went out the same way. I am sure there must have been involvement by the navy to let us go.''

Another asylum seeker, Kannan, said the first time he fled to Australia, his boat was stopped by a naval patrol boat and the passengers counted.

''The skipper of the boat was on the phone talking to the navy in Sinhala language, trying to negotiate to let us go. He was trying to pay some money so that the navy would let us leave Sri Lankan waters.'' After two hours, talks collapsed, the boat was taken in by the navy and the asylum seekers arrested.

''But when I went the second time after several months, the captain this time said he had paid the money to the authorities, and we would be safe. We were not stopped. We went straight out late at night.''

Australia has known of the allegations for several months. The issue was first raised directly with Foreign Minister Bob Carr in December when he met representatives of the Tamil community.

''We are aware of these claims, there has also been reporting in Sri Lanka of naval personnel being arrested for being involved,'' a spokesman for Mr Carr said.

Mr Carr's office passed the allegations to the Minister for Home Affairs Jason Clare for further investigation. ''There is currently no specific evidence that we are aware of to support these claims,'' a spokeswoman said.

In a deal announced in December, Australia will give the Sri Lankan Navy surveillance and search-and-rescue equipment to help it interdict people smuggling boats.

This year, Sri Lankan naval officers will train in Australia in maritime air surveillance, and the two countries will hold joint intelligence training programs.

Last year, the Sri Lankan Navy arrested more than 3000 people trying to leave for Australia, 6428 made it across the Indian Ocean. It is unknown how many people were lost at sea.

Sri Lankan Navy spokesman Commander Kosala Warnakulasuriya said allegations of naval complicity were baseless. They were being made to discredit Sri Lanka's government.

''There is no truth to them. No one has ever presented any proof that the navy, or any government personnel is involved. The Sri Lankan Navy stopped more than 3000 people from leaving Sri Lankan waters last year. This proves we are making the maximum effort to stop people leaving the country. I categorically deny these allegations, no Sri Lankan naval personnel are involved in this illegal migration activity.''

A prominent Tamil National Alliance parliamentarian, Suresh Premachandran, said: ''I believe some navy personnel are involved in this smuggling.'' A fellow TNA parliamentarian and leading Sri Lankan lawyer, MA Sumanthiran, said the navy's involvement was common knowledge.

''There is no doubt there is a level of naval complicity in the people smuggling. It is quite clear that some people are given the chance to go through, and we have even heard of stories where the navy has escorted boats out of Sri Lanka's territorial waters. About one boat in 10 they catch and bring back, and announce it to the country.''

The Sri Lankan Navy's omnipresence around the island made leaving without its knowledge almost impossible, the co-ordinator of Civil Society, Batticaloa, S. Mamangarajah said. Batticaloa, on the east coast, is a main point of departure for asylum seekers.

''This is known all over the district, when these people are trying to go to Australia, the navy is there. There are four big naval camps in the east of Sri Lanka now, and the whole coastline is entirely occupied by the navy.''

*The names of asylum seekers have been changed.

Read more: http://www.smh.com.au/national/claims-smugglers-pay-for-navy-escort-20130305-2fixj.html#ixzz2Mh3gRjKr

Your Excellency, I Want You To Be The Same Old Mahinda---War Crimes

Your Excellency, I Want You To Be The Same Old Mahinda

By V. Anandasangaree -March 5, 2013 

V. Anandasangaree

His Excellency Mahinda Rajapaksa,  President of Sri Lanka,

Your Excellency,

Why this crisis in Beautiful Sri Lanka

After very serious consideration I decided to write this letter to you, although I am fully conscious of the fact that this won’t be palatable to you. I am neither an oracle nor a fore teller but one much  devoted to my country and its people irrespective of their ethnicity or religious beliefs. I have no greed for power too. Had I been dishonest enough to say that the LTTE was the Sole Representatives of the Tamil People, I would have been at the helm of Tamil Politics today. I did not say so because they were not so. This stand that I took, a part from costing me my seat in Parliament at two successive terms totaling a period of 12 years also  deprived me of my income as a Lawyer and Notary Public and earned me the honorary title of “Traitor”  which title every politician is honored with by his opponents. In spite of all these my only worry today is that of the welfare of my country and of its people.

Off and on I had been advising you on various political matters based on the immense experience  I gained during a period of about sixty years in Politics. Winning the war against the LTTE was a joint effort of many, and not that of an individual or a group of persons. The contributions came in different forms from different sources. The sacrifices made by the soldiers, the conscripted youths, the people of the country particularly of the North and the East and the act of banning of the LTTE in almost all countries including India, EU, UK, Scandinavian countries, USA, Canada etc, all together contributed for the defeat of the LTTE. In most countries the ban is still in force. Added to this, many countries gave various forms of aid to defeat the LTTE. No democratic country will ever extend its support for a group, committed to violence. Hence the credit for winning the war can never be claimed by one individual or a group of individuals. The unfortunate situation prevailing now in the country is that many people who waited for over 30 years to enjoy freedom are still not enjoying freedom and the worst is, in most parts of the North and the East the dominance and subjugation are much more  severe then what it was under the LTTE rule. The biggest mistake made by you or by those who are close to you is to give you the full credit for the eradication of the LTTE rule, in spite of the fact that very many thousand civilians high officials, many Parliamentarians and Ministers, among the civilians many innocent women and children, religious dignitaries  the soldiers and the conscripted youths etc all have made great sacrifices.

I regret to bring to your notice that your failure to take serious note of my suggestions and advices given to you off and on had contributed to bring the country to this tragic state.

During the last lap of the war with the LTTE between the 1st and the 19^th of May 2009 I wrote a number of letters to you. The one captioned “Save the remaining IDPs in Vanni dated 2^nd May 2009, virtually foretold  all what were going to happen at the end. Lankasri News reported, “In a fervent appeal to save the Internally Displaced Persons trapped in Vanni, V.Anandasangaree, President of Tamil United Liberation Front has suggested that an International Agency, acceptable  to the Government, be selected to visit Vanni.”

I quot the following four paragraphs from that letter to you

“I have very reliable information that the number still stranded in Vanni is over one hundred and fifty thousand but I am positively sure that the number exceeds one hundred thousand. On an earlier occasion too, I hope you will remember, as regards the number I proved correct. It is very un-fortunate that although aerial bombing had stopped shelling and artillery attacks had been taking place during the last three day also. I plead with you to have them stopped forthwith and save the civilians.”

“ I wish to point out that the military action that is going on, apart from causing several causalities among the IDPs in Vanni, the fear and tension this is causing to those IDPs who have already come into the Welfare Centers, will have serious repercussions on them since most of their relatives are still in Vanni. Every life is valuable and it is your bounden duty to save the innocent people at any cost. As I mentioned earlier in one of my letters to you, when the truth comes to light one day, the country as a whole will get condemned by the International Community.

In relation to shortage of food I had written:-

“There is also an acute shortage of food and the people are virtually on the verge of starvation. On the 2^nd April they had received 1100 metric tons of food items. Since then on the 28^th and 29^th 30 metric tons was received each day. Sugar received on these two consignments is only 1000 Kg each. Hence please direct the authorities concerned to dispatch sufficient stock of food items and drugs immediately to Vanni.

In conclusion I wrote:-

“Even at this late hour I have a suggestion to make which if acceptable, your Excellency may consider for implementation. I suggest that an International Agency, acceptable to the Government, be selected to visit Vanni and persuade the LTTE to allow the innocent people to go out freely, with an offer of a general amnesty to those who surrender with arms. A period of two weeks may be give to the agency to make the necessary arrangements. If such an arrangement is not made to bring out the civilians safely, the whole thing will end up in a national disaster detrimental to the good name of the country”

Your Excellency, if you go through some of my letters you will agree with me that your advisers had let you down. If they had acted responsibly the present situation could have been avoided. In my observation the biggest mistake the Government made was ignoring India’s  advice and taking   seriously the views of some who misled you by making very irresponsible statements. How nasty it looks to see certain degrading words used in condemning some officials  of the UN. Surely these people know that these officials act strictly on the reports given to them which they have to take as authoritative  Let us first stop condemning  officials at random . Let these people about whom I refer, understand that foreign countries have their Diplomatic missions for a genuine   purpose. Specially  at a time when the LTTE  still remain banned in their respective countries whatever information they collect locally will be genuine and truthful and not at all fabricated. If adverse reports are reaching the UN official it is our people who should open  their mouths  with utmost caution. When the fault is with our people why should we find fault with foreign countries, when they decide to support the US resolutions.

We should not forget that each country that has its mission in Sri Lanka has its own source to gather information needed, which obviously will be shared among themselves. Please take note that every wrong thing happening in the country will in their estimation be felt as violations of rights. Such matters will promptly be transmitted to the proper person. Thus those who act foolishly will have to act with caution. No country will tolerate  planting a statue of one faith replacing one of another faith, that too by soldiers with a gun in one hand or driving out the local people and trying to replace them with people belonging to another ethnic group from far off places are matters that will be spurned by any reasonable person. This country is big enough to accommodates  ten times or even more than the population now available in this country.

The North is burning and the people are still mourning the deaths of their dear ones and about the missing persons. When they are still weeping over their losses due to the war, the lose of their peaceful life, of their starving children, of their roofless homes, and broken families, the soldiers  are playing the fiddle. This is not the time to propagate Buddhism. On the whole I dare say that it is ridiculous to change the demographic pattern in the pre dominantly Tamil areas when the country is not normal and thoroughly  destabilized. May I tell you your Excellency  that you should impress on the people that fanaticism  will not pay.

I am not a stranger,  not to know about you. We knew each other for over 43 years. I want you to be the same old Mahinda and do what is just. If in your option “Mahinda Chinthana” is a just and honest concept, implement it in the best and most honorable way that will be appreciated by every body. Tell the country that you are President for everybody  and that you are duty bound to hold the scales evenly and will not be swayed by sentiments.

Thanking you

V. Anandasangaree

Secretary General-TULF

Black Flag Day in Tamil Nadu Expresses Solidarity with Eelam Tamils
Political Perspective by Tim King Salem-News.com

Americans remain in the dark about the war crimes, ethnic cleansing and Genocide of Sri Lankan Tamils.

Black Flag day for Tamil Eelam

(SACRAMENTO, CA) - Salem-News.com will join media in India to observe Black Flag Day on the 4^th March 2013. We do not let a single day pass without lamenting the fate of Sri Lankan Tamils who were slaughtered without mercy by the government of Sri Lanka (GoSL) in the final months of the country's 26-year long civil war.

Courtesy: blogs.timeslive.co.za

Any journalist, particularly those of us who have covered war operations, should bear in mind that the GoSL remains indifferent to its role in slaughtering more than 160,000 Tamil people in an effort to crush a long running resistance program carried out by The Liberation Tigers of Tamil Eelam (LTTE).

It seems the first and most important target has consistently been the brave media personnel (both Tamil and Sinhalese) who refused to cower and play by the government's rules.

The killing that took place in this island nation was nearly unprecedented.

Keenly aware of the tragic Genocide that eradicated Sri Lankan Tamils, the Chennai Press met on March 2nd to plan for this observation.

The Press Club's G. Kurinji stated:

Tamil Tiger graves in Jaffna, Tamil Eelam. Courtesy: smh.com.au

"On behalf of our Makkal Nalvazhvu Iyakkam, we are informed that on March 4th Black flag demonstrations will be held throughout Tamil Nadu to express our solidarity to the Tamil Eelam (Tamil Eezham) cause. In Chennai we are going to besiege Sri Lankan High Commission office and demand that it should be closed once for all."

Those planning a similar approach in the USA can meet at the Sri Lankan embassy, 2148 Wyoming Ave NW Washington, DC. In Canada, the Sri Lanka embassy is located at: 333 Laurier Ave W #1204 Ottawa, Ontario.

Regarding the event in Tamil Nadu, India, G. Kurinji says optimism is running high.

"There is tremendous response for our call and almost all the political parties and social and democratic movements have supported us firmly."

Sadly, most Americans remain in the dark about the war crimes, ethnic cleansing and Genocide of Sri Lankan Tamils. The U.S. government is responsible for setting up the final demise. Of course it is no surprise that war crime presidents like George W. Bush and Tony Blair and Majinda Rajapakse stick together like glue, they are all guilty of the same crimes and deserve the harshest and most unsympathetic punishment for engineering this conflict indirectly and directly in the case of Rajapakse.

Tim King as Keynote Speaker at last year's FeTNA (Federation of Tamil Sangams of North America) in Baltimore discussing Sri Lanka's war crimes against media before 3,000 Tamils from North America, India and Sri Lanka.

Most of all, it is the sneering cruel streak of cowardly domination that is so rife in this mostly Buddhist country.

Sri Lanka and now Burma, have shown us that Buddhism is in fact in many cases (countless), a warring philosophy that embraces rape, murder, child torture and extreme inhumanity.

Are these Buddhists a representation of the faith and belief system? I sincerely doubt it. Of course they no better represent Buddhism than the American drones and a false flag war in Iraq represents Christianity; Israel's ethnic cleansing of Arab Muslims and Christians is no expression of Judaism. The enemies are the radical religious zealots and they come in all sizes and shapes.

As time progresses, from my perspective as the editor of Salem-News.com, these times are changing. Syria is on the verge of retaking power from the terrorist rebel groups who have killed so many with the blessings of the west, Israel is being outed continually for torture deaths, and good old Sri Lanka is back in war crime court, with large numbers of high powered officials from the UN Human Rights Commission on down, pushing for accountability.

My message, as one of the only American journos who has reported the crimes of this war, is to keep going, push push push! Call for accountability, take part in the Boycott of all Sri Lankan goods, boycott everything to do with this country. Urge your political leaders to end the suffering, because it did not end when Sri Lanka defeated the Tamil Tigers. Sex crimes and crimes against humanity are a daily occurence along with murder and torture and the dreaded 'white vanning' of those who ask the wrong questions. It is time to bring the Rajapakse regime to justice.

(Note: Links to all of Tim King's articles on the Sri Lankan Tamil Genocide are listed below these photos)

Special thanks to Chennai Press Club, Dr. Paul Newman and Visvanathan Sivam

Thousands rallying in Geneva question TNA MPs on compromise

[TamilNet, Monday, 04 March 2013, 23:34 GMT]
Thousands of Eezham Tamils from across Europe, who took part in a rally at Geneva on Monday demanded a UN sponsored referendum for a sovereign Tamil Eelam. In the meantime, sections of protestors, who confluenced in Geneva, approached the hotel where TNA politicians, who had come to attend a conference, were residing. Parliamentarians Maavai Seanthirajah and Ariyanethran were encircled by the people who questioned them on the compromising polity forgetting fundamentals adopted by the TNA leadership. According to informed circles, TNA leader Mr Sampanthan in London last week has claimed that the US government use to extend invitations for talks only to him and to Mr Sumanthiran. 

Mr Sampanthan has also claimed in London that he usually takes Mr Suresh Premachandran of the EPRLF and Mr Selvam Adaikkalanathan of the TELO to meetings with foreign diplomats. But, the US invitations come only to him and to Mr. Sumanthiran. 

During the rally in Geneva on Monday, those who faced the brunt of questions from the diaspora were only Mr Maavai Senathirajah and Mr Ariyanenthiran of the TNA. Mr Suresh Premachandran and Mr Selvam Adaikkalanathan who had also gone to Geneva managed to avoid the scene. 

A vast majority of the protestors were youth in the diaspora.

Speaking to TamilNet from Geneva, grassroots activist Gobi Sivanthan from the UK, who is also leading the ‘Tamil Van’ tour of Europe to educate masses on the internationally abetted genocide of Eezham Tamils, said that the youth remain firm and that they brook no compromise by any sections of the global establishments or their agents in the diaspora on the fundamentals of the struggle.

The protestors had also placed other demands which included an independent international investigation on Sri Lanka on the charges of genocide. 

They also called for an immediate release of all Eezham Tamil political prisoners who are in the custody of the genocide accused Sri Lankan state. 

Mahinda Samarasinghe adds NGO's to geneva which-hunt

Tuesday, 05 March 2013 

The Minister of Plantation Industries and the head of the Sri Lankan delegation in Geneva Mahinda Samarasinghe told 'Divaina' that 'our own organizations and groups who are operating on various political agendas have put us under more pressure than the international community.'

'Despite all our efforts to safeguard human rights as a government, such organisations and groups are constantly attempting to achieve narrow political gains by maliciously portraying Sri Lanka as a country where human rights are not respected' he further said.

Elaborating further, the minister said that 'the aim of such organizations is not to safeguard rights, but to destabilize the peaceful situation preaviling in the country and to gain an upper hand to implement their political agendas through international influence.'

'It is because of these sinister aims that they are trying to destroy the peace in the country by fabricating and publicising various stories through Channel 4' he said.

The minister pointed out that such actions have put Sri Lanka under various pressures, more than the other countries with appalling rights records.

'All such accusations will continue due to the actions of such groups, regardless of the government's efforts to ensure and promote human rights in the country, ' he said.

'Sri Lanka is more pressurised by our own organizations'by Thushari Kalubovila

Courtesy : 'Divaina' | 05.03.2013

URL: http://www.divaina.com/2013/03/05/news20.html

Which Hunt on media sources

Tuesday, 05 March 2013 

The Ministry of Defence (MOD) is requesting the public to inform the government if they know any Sri Lankans who are secretly helping the Channel 4.

There is a growing suspicion whether some have deliberately turned their back to the motherland in exchange for various favors. A spokesman from the MoD told 'Divaina', that they are requesting the public to inform the government on any such individuals without any delay.

The MoD says that regardless of Tamilnadu's dreams, they will not be able to realize any of their dreams about the Kachchathivu island.

Sri Lanka on the watch for Sri Lankans helping Channel - 4 by Noman Palihawadana

Source: 'Divaina' Sinhala Langiage newspaper | 04.03.2013

URL: http://www.divaina.com/2013/03/05/news08.html

Tamil scholar from France gets award

Professor Gros receiving the Kural Peedam award in Puducherry on Friday| G Pattabiraman

In recognition of the untiring and eminent services rendered to Tamil language, eighty-year-old Professor Francois Gros was handed over the Indian President’s Kural Peedam award for the year 2008-2009 for Classical Tamil studies at a function organised at the French institute in Puducherry on Friday.

The award carrying a citation and `5 lakh, was handed over to Gros by Gnanamoorthy, director-in-charge of the Central Institute of Classical Tamil, Chennai, in presence of the Consul General of France in Puducherry, Pierre Fournier.

Prof Gros, a researcher at the French Institute of  Pondicherry (IFP) was earlier presented the award in absentia by the President Pranab Mukherjee on December 21, 2012, at the Rashtrapati Bhawan, New Delhi, which he could not attend owing to health reasons.

Later, addressing the gathering Professor Gros said that classical Tamil needed to be kept alive in modern age to understand tradition, culture and value.

The function was attended by French Institute director,  Dr Pierre Grard and staff.

Gros was closely associated with the activities of the French Institute (l’Institut Français) of Pondicherry over a long period of time in Tamil classical literature.

He was involved in the translation of ‘Paripatal’, a text of ancient corpus called Sangam, (Prix Saintour 1969 of l’Académie des Inscriptions et Belles-Lettres) and Livre de l’Amour de Tiruvalluvar (1992), and Tamil Saiva devotion in its various aspects.

He also studied and translated poetry and iconography of Karaikkalammaiyar, Tevaram (1984, edition under the patronage of UNESCO), Periya Puranam (2001), fundamental text of medieval literature, and the works of Arunagirinatar (1980), lyrical expression of a bilingual regional culture, Tamil and Sanskrit.

He was deeply interested in integrating archaeology and study of monuments with history, through epigraphy and environment. In the year 1970, he produced a monograph on Uttaramerur.

In the year 1980, he launched a multidisciplinary project on Tiruvannamalai mobilising the resources of Pondicherry and his associates for fifteen years, and later in 1985 he launched a project on the Kaveri valley.

Sri Lanka objects to clearance given for GTF meet

March 4, 2013

The Sri Lankan government has objected to the clearance given to hold an anti-government meeting at the British parliament premises last week.

An External Affairs Ministry spokesman said that the government had also raised objections with the British Foreign office after officials of the British government also attended the meeting.

Deputy British Prime Minister and Leader of the Liberal Democrats Nick Clegg, Senior Minister of State at the Foreign and Commonwealth Office and former Conservative Party Chairman Baroness Warsi were among those attended the meeting organized by the Global Tamil Forum (GTF).

Leader of the British Opposition and Labour Leader Ed Miliband, Secretary of State for Energy and Climate Change Ed Davey and Shadow Foreign Secretary Douglas Alexander were also in attendance.

“Our High Commission in London had conveyed our concerns on the participation of some British government officials at the conference,” External Affairs Ministry spokesman Rodney Perera told Colombo Gazette today.

British Prime Minister David Cameron had issued a statement ahead of the conference where he called on all parties in Sri Lanka to work together to heal the country.

Meanwhile Ed Davey, the British Secretary of State for Energy, in a separate statement, said that following the terrible events of last months of the war in Sri Lanka, Britain hoped that a credible accountability and reconciliation processes would be put in place to enable long-lasting peace to take root on the island.

He said the United Nations institutions – including bodies mandated by the Secretary-General, international human rights groups and Channel 4 News have all revealed, and continue to expose, evidence that war crimes and crimes against humanity were committed by both sides during the war.

The first ever preview of the ‘No Fire Zone’, the third film in the ‘Sri Lanka Killing Fields’ series, directed by Callum Macrae was also presented and screened by Callum at the conference. (Colombo Gazette)

Killing Two Birds With One Sri Lankan Styled “Oscar”

By W.A. Wijewardena -March 5, 2013

Dr W.A. Wijewardena

Handagama Style: Kill two birds with one stone

Asoka Handagama, mathematician turned central banker turned quantitative economist turned rural developer turned artiste of numerous genre, has sought to kill two birds with one stone, a stone in the style of a Sri Lankan “Oscar” this time. His first bird is to support the ailing external sector of the country. His second bird is to give a “rebirth” to the already dead, according to Handagama, Sri Lankan cinema industry. He did so in a public lecture he delivered to a packed audience at the Central Bank’s Centre for Banking Studies last week on the very long theme “ Sri Lankan Cinema: More than a Dream; A Strategic Idea to Develop Cinema Industry as a Part of Overall Development Plan”. Handagama who is famous for creating ‘adults only’ artistic work sent his audience to laughter in an ironic twist of humour at the beginning that his lecture will also be for adults only, meaning that it is for serious consideration.

Sri Lanka’s external sector gone sour

Now to the nature of the first bird he sought to kill, namely, Sri Lanka’s ailing external sector.

Sri Lanka’s external sector involving all economic transactions with other nations and vice versa has been fragile and sour. Its trade account is replete with a wide gap that refuses to give up or narrow despite the measures to promote exports and economise on imports. For instance in 2012, the trade gap amounting to $ 9.3 billion was only marginally less than the earnings from exports of $ 9.7 billion, where exports had recorded a decline of 7 per cent in that year compared with the previous year. Though the authorities have been jubilant about the narrowing of the trade deficit marginally in 2012-again from $ 9.7 billion in 2011 to $ 9.3. billion-this trade deficit is still whopping 14 per cent of the estimated GDP of the country for that year. The money needed to pay for the higher import bill than export earnings has to be earned by selling more services, receiving more incomes from foreigners and having more remittances from Sri Lankans working abroad. But the gap in the trade account is so high that these sources have not been able to provide adequate funds to fill it. For instance, the country makes a comfortable earning by selling services to foreigners. But the payment of interest on foreign loans and dividends on foreign investments has reduced that earning’s power to alleviate the harmful effects of the high trade gap. Hence, it is left to Sri Lankans working abroad to send remittances abundantly to finance a good part of the trade deficit. The unfinanced gap still gaping at the country after all these transactions have been recorded, known as current account deficit, has to be financed by borrowing money from abroad and getting foreigners to invest in the country’s share market and businesses. But that makes the country pay more interest payments and bigger dividends in subsequent years making the current transactions still more fragile and sour.

To fix the external sector, look for promoting services                            Read More                                         

Divi Neguma Yannen Adahas Way

         By Charitha Ratwatte -March 5, 2013 

Charitha Ratwatte

Are rural agriculture and fishery communities excluded?

The Divi Neguma Act which was certified into law on 11 January 2013 and published in the Gazette of the same day is designed to promote a development intervention based on the community. The Act creates two basic institutions at the community level (see Organigram of Divi Neguma). In Part II of the Act sections 9 to 14, it creates the Divi Neguma Community Based Organisation. By Part VI, sections 25 to 28 the Divi Neguma Community Based Banks are created.

Community is defined by the Interpretation Section of the Act, Section 45, as follows: ‘community’ means plantation, urban or industrial sectors of the public. It is an accepted general principle in the law relating to the Interpretation of Statutes that when the word ‘means’ is used in describing what an entity is, it limits the application of the meaning to the exact same words that follow. In other words the use of the ‘means’ is a limitation of a definition. It excludes the inclusion of any other entity into the category. On the contrary, when the word ‘includes’ is used, it is taken to mean that nothing is excluded, the entities that follow the word ‘includes’ and as well as other entities of the same or generic type can be included.

The word ‘means’ limits the class of entities in the category while the word ‘includes’ expands the class. The dictionary meaning of ‘mean’ is ‘to have such a meaning’. This is consistent with the interpretation that no other thing can be within that meaning, other than what is expressly provided for. ‘Include,’ according to the dictionary, is the opposite of ‘exclude’. Exclude in the dictionary is given to mean ‘to deliberately not include’.

Stroud’s Legal Dictionary is even more definite: ‘the use of the word “means” is a hard and fast definition and no other meaning can be assigned to the expression than what is put down in the definition,’ quoting Master of the Rolls, Lord Esher in Gough v. Gough (1891 2 QB 85). On use of the word ‘include,’ Stroud quotes a judgment in R. v. Kershaw (26LJMC) 19 – “‘include’ is a phase of extension and not of a restrictive definition”. Advocate E.B. Wickramanayake, in his ‘Legal Dictionary for Ceylon’ (1948) quotes a 4 N.L.R. 12, case which held that the words ‘shall include’ in a definition clause mean ‘shall have the following meanings in addition to its proper meanings’. Osborn’s Concise Law Dictionary (1947) quotes a Latin maxim – ‘Inclusio unius est exclusio alterius’: ‘the inclusion of one is the exclusion of another’.

Effect of defining community                        Read More

Nilmaka Fernando, General Segment – 9th Meeting, 22nd Regular Session Human Rights Council

         

28 Feb 2013 - Civil society representative – Ms. Nilmaka Fernando, General Segment – 9th Meeting, 22nd Regular Session Human Rights Council (25th February – 22nd March 2013)

 22nd Session of the UN Human Rights Council

High Level Segment: General Segment, Statement of Civil Society Representative

Delivered by: Ms. Nimalka FERNANDO

SHRINKING SPACE for Civil Society IN THE REGION AND GLOBALLY

Madame High Commissioner, Mr. President, distinguished delegates, ladies and gentlemen,

It is my honor to be here today and address you as a representative of civil society. I wish to express my appreciation to colleagues who invited me to this podium. I hope I will fulfill your expectations. My name is Nimalka Fernando, a human rights defender from Sri Lanka. I am also the President of the International Movement Against all Forms of Discrimination and Racism.

Many of Civil Society Organizations and activists in the regions where I come from and work , have always been, raising and responding to the myriad human rights issues and challenges. We work on the ground with and for the victims of human rights violations. We call for the promotion and protection of human rights upholding international standards at all times. My own engagement with the UN system was initiated by none other than the late Neelen Thriuchelvam in the early 80s. The renowned human rights and political leader from Sri Lanka who is no more with us. He sacrificed his life for peace, truth and justice.

The Human Rights Council have the primary task of addressing gross and systematic violations and emergencies of human rights. When the HRC was established it raised high expectations amongst desperate survivors and victims and their families. Given these expectations and critically assessing the reality on the ground and the impact of its interventions, we must acknowledge that there is still a significant gap, between the pledge and practice. Resolution and ground reality, which the Council should and can fulfill. In this context and in order for the Council to more effectively address and prevent human rights violations as well as promptly respond to emergency situations that can occur in different context including: natural disaster; climate change; internal and cross-border armed conflicts; impact of globalization; development-induced displacement; maladministration, and gross abuse of state power and corruption, one of the key questions to be asked is how it can improve and promote its cooperation as well as further enhance and strengthen activism of civil society organisations.

People’s struggles are ongoing at the base; sometimes through community-based organizations; at other times through broader, larger and more visible mobilizations and movements. This activism – which is outside the sphere of government – is sometimes complementary with, and at other times critical of, the political regime. It is often identified with the “non-governmental organisations”, and as “civil society and social – political movements” in the broader political sense.

In the contemporary world, this parallel activism has assumed significance in supporting multilateral efforts, especially those of the United Nations, in promoting and protecting human rights and in campaigning for peace and peaceful resolution to political conflicts whether national or international.

CSOs continue to confront, speak and act out, against grave and serious violations of human rights, threats to democracy and the rule of law; and to campaign consistently on issues of accountability and war crimes in post-war and post-conflict situations. These critical issues we raise are often linked to abuse of power, corruption and violations of rulers and State officials, and non-implementation and or the total disregard of the Constitutions. These are of course not comfortable questions to those in power. Today the topic under consideration the “Shrinking Space of CSOs in the region and globally” therefore is critical for advancing the human rights agenda in this millennium.

Yes our space is shrinking fast, for the same reasons I stated above even within this Council.

I myself and other human rights defenders have been threatened and discredited for cooperating with the Council and other UN human rights bodies. Reprisals against human rights defenders take different forms, it could be direct or indirect. Physical assault to character assasination using government controlled media. Today across Asia – Pacific more and more human rights activists especially from the grassroots and national level have become an “endangered species”. This situation needs particular attention and action from the international community.

Civil Society Organisations that defend and struggle for the democratic rights of the people, find that the freedoms of association, peaceful assembly, opinion and expression, are being denied to them more and more.

Laws and regulations, old and new, are targeting CSOs with the unconcealed purpose of restricting their fields of activism and their independence. Through arbitrary actions, such as, the denial of registration; the refusal of permits for publications; controls or outright bans on receiving foreign funds for advocacy campaigns; surveillance of public activities and communications with local and foreign organizations by security or intelligence agencies; some states seek to suppress non-governmental activism in the areas of human rights, conflict-resolution and democracy promotion.

National security laws or counter-terrorism measures are used to stigmatize or de-legitimize CSOs and human rights defenders as supporters or advocates for armed or illegal movements. The corporatization of the mass media; and increasing controls on the internet and social media, are blocking the access of citizens to the opinions and ideas of CSOs.

Freedom, dignity, and accountability for past wrongs, have to be born out of the struggles of people for self-determination, social justice and peace. These are also the aspirations of the Charter of the United Nations, reflecting the influence of social movements and people’s struggles. The international community – which extends beyond states, to include their democratic institutions and their peoples, transnational civil society and the global media – must not provide cover nor find justification for despotic regimes cloaked in their Constitutions.

Democracy is not about majoritarianism. Holding elections as gimmicks to demonstrate popularity has become the new practice in some countries unwilling to address issues of accountability for gross violations. They try to cover their sins in the cloak of elections and language of sovereignty. States all over the world sing the song of sovereignty to stifle actions of CSOs but unashamedly they allow the plunder of our lands and resources to economic giants in the regions, trampling our rights to self-determination, self -respect and dignity.

If there is respect for democratic principles no country could stifle civil society activism nor curtail media freedom. No country can continue to hold political prisoners nor hold vast regions with the power of there military might stifling community action that seek justice, truth and reparation. In any case, to ensure the highest level of democracy in a society, certain elements must be ensured: respect, tolerance and appreciation of peaceful and legitimate dissent; protection of the rights of nationalities and minorities, upholding equal rights of women, breaking down the barriers of caste, recognising the rights of those with different sexual orientation and rights of vulnerable groups; process of inclusive governance, equitable distribution of wealth and resources of the country. At the same time, these are the values and principles which many CSOs and human rights activists are struggling to uphold at home and through the engagement with international bodies such as this Council.

Civil Society actors are the proverbial canary in a coal-mine; as surely as their autonomy and operation is threatened, so too is the survival of the democratic and human rights of everyone else