Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Tuesday, March 5, 2013

An Allegory For Sri Lanka’s Sad Communalism

Photo by Aufidius, via The untold story of a child-5 Mar, 2013 
439709577_36c208d561_b
Click to download app from Apple iTunesThe recent debate around the anti-halal movement, with its echoes of anti-Tamil sentiment of the post-independence period (‘Tamils get more government jobs,’ ‘Tamils have access to better education than Sinhalese’), is on the surface a conflation of religion, nationalism, class and various other factors. Beneath the complexity of the rhetoric, at least to me, are feelings of disaffection, great sadness, loss of meaning of what we stand for, of what we are as a nation, as a people.
To attempt to make sense of it let’s scale down the scenario to a manageable, personal level. Consider this hypothetical situation: I am school age. I have a friend who, at least for now, we will call Sam ­– a facile Western name to free your image of him from Sri Lankan race/religion/caste and other cultural trappings that further complicate the issue. Sam is a huge cricket fan.
On most days he gets a lift to school and back with me in my father’s car. A few months later, another friend, Mo, joins us on the ride home. Mo plays tennis and is passionate about his sport. One day Mo says the tennis team has a plan to place their logo on stationery, clothing, even on water bottles to be sold at the bookshop, at the canteen, at offices of various Mother’s Associations, and a percentage of the profits from the sale of each item would go towards the team.
‘You can’t do that,’ says Sam.
‘Yes, we can,’ says Mo. ‘We got approval from the Vice Principal.’
‘No you can’t,’ Sam repeats. ‘You can’t put the tennis name on things that don’t belong to tennis.’
‘It’s not about whether it belongs to tennis. It’s for people who want to help the tennis team. They can choose to buy something with our logo and help us.’
‘But you’re using the money you get, our money, everyone’s money, only for making tennis better.’
‘So what?’
‘Imagine if the cricket team did something like that.’
‘Why don’t you do it?’ suggests Mo.
‘We’re not like you. We have traditions. We have rules,’ snaps Sam.
There are no winners in this argument, neither Sam nor Mo concede and the situation escalates. They turn to me. ‘What do you say? Whose side are you on?’
I realise this is not about tennis or cricket or any other sport. It’s about Sam and Mo and Me. It’s about hierarchy. It’s about power. Still, I try to address the issue at hand. Mo and his tennis team are working within the rules of free market economics – it’s what all conglomerates do ­– they differentiate a product and use the profits for furthering their enterprise. There doesn’t appear to be any ethical issues. When I say this to Sam, he gets angry, threatens to stop riding in my father’s car, threatens to put an end to our friendship. No matter how much I try to explain why I think he’s wrong, Sam will not agree. It’s as if he doesn’t listen to what I’m saying. What can I do? What is my responsibility? How can I change this situation?
This is what I know about Sam: he cares deeply about cricket, cares for all those who care about the sport. That’s why, when we play softball in the lunch interval, Sam gives me constant encouragement, discusses strategy and passes on batting or bowling tips. That’s why in return I offer him a ride home in my father’s car. Most of the time he comes along. Sometimes he disappears when the bell rings. That happens when boys tease him – for being slow, for being stupid, for having worn shoes, torn backpack or threadbare clothing. He can’t face up to me when he’s feeling vulnerable. I’m not what you’d call a bully but when there is fun to be had at the expense of Sam, I take the chance to appear funny in front of the other boys. Regardless of my indiscretions, on the college grounds and in my father’s car, we’re friends.
Unlike Sam, Mo is well off. He’s sophisticated, witty and mannered. When Mo and I trade stories about trips overseas, computer games or tennis, Sam is quiet. His poverty denies him these experiences and it’s obvious he feels uncomfortable at not being able to contribute. He probably feels I don’t value him as much as I do Mo. We make no attempt to include him in the conversation. But when cricket is discussed, Sam tries to dominate the conversation. It’s almost an overreaction to cover up his low self-esteem. He doesn’t listen to the arguments we present. ‘I know I’m right,’ is something he says often and he probably feels he has the license to behave this way because cricket is considered prestigious. It’s steeped in the traditions of our school, for various reasons (mostly petty and political) the authorities have invested a sense of primacy of cricket above all other sports. It’s the one credential Sam possesses, the only medallion he could produce to prove his worth in the perceived contest of who’s who in the car. It’s such a large part of his identity that any criticism of cricket is a personal insult to Sam.
Winning the Big Match only made him worse. The ensuing celebration only convinced him that cricket, and by extension he, was better than Mo and me. Naturally, conversation in the car became competitive. As The Big Match faded in our memories Sam became bitter. He reminded us of that victory whenever he felt insecure. Then came the day Mo told us of the tennis team and its endorsement deal. Now we don’t talk to each other. We battle.
When I watch science shows on TV, about organisms growing in petri dishes or nature documentaries where herds of gazelle struggle to survive on the African savannah, I realise every living thing reacts in response to its environment, to its society. A lone wolf, the most dangerous wolf of them all, is the outsider disaffected with its community, thrust aside to find its own life.
But we’re not animals. We live in a civilised society. A democracy. Where no human is above another. Yet even in the closed, controlled environment of my father’s car our animal instincts come to the fore – Sam and Mo jostle for positions by putting on alpha airs, and me, the cunning fox, sits there listening, planning, thinking I’m smarter than these two and therefore better. Let’s face the truth. The truth is that I may use bigger words and more nuanced arguments but at the end of the day, what I am doing is saying ‘I’m the best.’
Even if I wasn’t trying to announce my superiority, even if I was honestly presenting a solution, the way I made fun of Sam in class, the way I ignored him when talking to Mo in the car have ruined the chances of getting through. My actions in the past have thwarted immediate reconciliation. No matter how much knowledge I possess, no matter what facts my intellect can conjure, I cannot convince Sam. Because to convince him, he has to accept that I’m right. He will not do that. He will always think I was playing that game – the game where I try to put him down, put him in his place beneath me ­– and I admit; it is what I often do. It happens automatically, unconsciously, the ego, the animal inside always wants to lead the pack. And this cycle continues. I try to subjugate Sam, Sam tries to subjugate Mo, Mo tries to subjugate me. Everyone tries to beat everyone else.
So now, the choices are clear. Democracy or dictatorship? Do I ride home in my father’s car alone, or do I ride with friends? If I keep behaving as I am, the drive home will be lonely. If I choose to ride with friends I have to do this: change my behaviour. Change my attitude. Tell myself that I, truly, am not better than anyone. Not just speak of equality but quell the ego, find contentment in the knowledge I am not exceptional, I am not superior. I am nothing. There is freedom in that state of mind. And maybe then, when one cell changes, the rest will adapt and the heat in this noxious enclosure will ease.
But then again, this is just a scenario. A simplistic hypothesis. The challenges we face are far more complex and difficult. Imagine Sam was actually a Saman, if Mo was a Mohammed? What if it was Samir and Mohan? Samantha and Monica? How differently would you read the situation for each of those names? How would your prejudices, your identity inform your comprehension of each of these people? The onus is on you. And me. Investigate. Improve. Maybe on that course we’ll also find empathy, honesty, develop sensitivity towards the poor, weak and vulnerable. To every human being. Only then will we transcend our animal nature.

Asserting Truth With Justice: A Historical Narrative Of The National Question

By Surendra Ajit Rupasinghe -March 5, 2013 
Ajit Rupasinghe
Colombo TelegraphI believe that it is vitally important that we examine the past and try to derive an objective narrative of the history of the National Question. Hopefully, this will provide a perspective from which to analyze the roots, origins and nature of the protracted internal war that ensued, and reveal the real politics thatgenerated, and gained from it. Most of all, it would provide a framework to analyze the basic contours of the political crisis that has engulfed Lankan society. This understanding would be crucial in analyzing the emerging momentous political conjuncture shaping up, and in identifying the various agendas and solutions offered, and the way forwards for the people of Lanka. The character of the war determines the content of the peace. The end of the war in military terms has resulted in opening up and intensifying new fronts of volatile conflicts in an arena of ideological, political and diplomatic confrontation.  At the very base of this simmering cauldron of intersecting conflict is the fire of an angry, hungry, degraded and subjugated mass of suffering people across the borders and the barricades, throughout the Land, that wish to bring down thesystem, and the entire edifice of the State that account for all the pitiless, heartless death and  destruction wrought upon the Land and the People of Lanka. The way you understand and where you stand on this pivotal question of analyzing the historical narrative of the National Question and the root causes of the war, will determine how you seek and stand for  a solution. It will determine how you view the path and method of overcoming this engulfing crisis.. It will determine the scope of your vision and the depth of your commitment to seek the most advanced democratic path of struggle and transformation which would ensure the willful eradication of the structural roots and foundations that had led to the war. Or else, peace shall be but a prelude to war.
The National Question and the related issues over the war remain at the center of a virtual political storm. The charade being enacted in Geneva centers on the Tamil National Question. Issues of reconciliation and accountability, human rights and rule of law have surfaced due to the consequences of the war. We would do well to grasp the composite political objectives of this war, before we discuss the possibility of reconciliation and accountability, let alone hope for democracy, decency and freedom. It was, by all accounts, a gruesome and brutal war that bled our collective humanity and drained our sense of civilized morality and decency. Now, the horrors of the war are said to be over and peace, normalcy and freedom to have dawned on the people. Yet, the peace has become a living nightmare of mob tyranny and white terror. We are as divided as never before, with new ominous waves of communal violence and bestiality stalking the night. No one dares to speak and stand for the truth.  Freedom and democracy stand mortally imperiled by a despotic greed for omnipotence and vainglory. The fate and the future of the Land and the People stand in the balance as never before in history. If we are to take responsibility for the liberation of the Land and the People, we would have to dig at the roots and foundations that have led us to this state of imploding, engulfing, organic  crisis. There will be two sides to the story. The worst crime would be to present the effect as the cause and then beat the cause to death to extinguish it. This shall only serve to entrench and enthrone the cause. A fatal act of delusion and deception! An act of folly and self-destruction. Yet, the game that all tyrants and despots play!
The war was explicitly aimed at eradicating the scourge of ‘separatist terrorism”. If then, we would have to identify the historical roots and the structural foundations that account for the phenomenon of separatism and terrorism. There are two diametrically opposed and irreconcilable views on this question.  Let’s look at the assumptions and premises upon which the Regime waged its war against ‘separatist terrorism’. Then let us see whether we agree on the character of the war and the peace that has been achieved. The two are mutually entwined, as in the logic of cause and effect. Lets break this slogan down to its constituent parts. It has been said that “ War is a continuation of politics by violent means”. Every war involves a contest for power. This war was intended at the military liquidation of the LTTE and with it, the political  annihilation of the Tamil Nation. In its objective and in its essence,  this was an all-out, no holds barred war waged by the Mahinda RajapaksaRegime (MRR) to politically eradicate the right of self-determination of the Tamil Nation. That is, its right to determine its life and future, without any form of enforced external domination and subjugation. The political burial of this right, once and for all,  was the final objective of the war. The slogan of a “war against separatist terrorism” implicitly contained its corollary in politically liquidating any Tamil claim to nationhood and statehood. This premise irrevocably contained the logical premise that Sri Lanka shall be deemed, signed and stamped as the exclusive and undivided  property of the Sinhala people, more fundamentally of the Sinhala-Buddhist Nation. The war was based on the slogan of “Defending the Motherland”,  which was conjoined with the slogan of Defending the Land, Religion and Language of the Sinhalayas. The war was dressed up as a patriotic war of national liberation of the Sinhala-Buddhist nation against its sworn historical enemies. Even a reenactment of a war of conquest of the pure “Aryan” race over the alien ‘Dravidian’ Tamil invaders. This was the composite and crudely, but cleverly, nuanced ideology that guided and fed the war. This was, and remains, the crusading mission that  was daily injected into the blood-lines and drilled into the consciousness of the Sinhala masses, with appropriate ambience, and stupor. This agenda was enforced with singular, unwavering, ruthless determination by the MRR.  All who stood in the way were (are) branded as traitors and silenced through abduction, assassination, torture and terror. A few survive to swim the tide and witness the light of day. To repeat, the war was aimed at the  military liquidation of the LTTE and the political subjugation of the Tamil Nation. It’s political content was willfully and consciously  designed to achieve  the overall strategic objective of securing the undivided, absolute sovereignty of the Sinhala-Buddhist Nation (SBN). This paramount sovereignty is to be exercised under the class dictatorship and hegemonic rule and command of the MRR. Or, more accurately, the war was designed and waged to secure the undisputed and undivided political hegemony of the Rajapaksa troika and its dynastic oligarchy, in perpetuity, as the sole legitimate and paramount defender, inheritor and savior of the Sinhala-Buddhist Nation. This required that the enemy be militarily vanquished and politically decapitated so that the  ‘Land of the Buddha’ be liberated from the scourge of ‘separatist terrorism’, forever and beyond!  This was the political character and essence of the war waged by the MRR. Extolling the nobility, purity and ancient glory of the SBN had to be matched by an equally vulgar, exuberant demonizing and pulverizing of the enemy, taken and targeted to be the LTTE, and all those who did, and potentially would, be supportive and  sympathetic to the cause of Tamil Nationhood and Statehood.. Naturally, logically and inevitably- in ideology, doctrine and practice – the war took on the character of an all-out, multi-pronged war of attrition and annihilation, waged relentlessly from air, sea and land by the concentrated might of a highly modernized and well-equipped armed forces – against the insurgent LTTE. This military strategy was applied with deep penetration tactics, lazer-targeted bombing, and intense, insistent encirclement and destroy’ campaigns which routed the LTTE and fatally cornered it in Nandikadal.  In terms of its defining doctrine, premises, principles, and outcome, the war was waged to enthrone and entrench the absolute, undivided, hegemonic dictatorship, domain and rule of the Mahinda Rajapaksa Regime and the Rajapaksa dynasty- in perpetunity!
This war was supported by the imperialist and regional powers all the way through. They watched it on satellite. They all acclaimed the military victory of the State over ‘separatist terrorism’ and rushed to congratulate, embrace and reward President Mahinda Rajapaksa and Mr. Gotabhaya Rajapaksa. The horrific war crimes being focused on in Geneva were possible in no small measure due to the unfailing political, diplomatic, economic, military, logistical and strategic support and assistance provided by these very same powers. The lower ranks of the  armed forces are not the real criminals. Nor are the Sinhala people to be held accountable. The real criminals are those who fathered,  authored and commanded  this criminal war of military liquidation, occupation and political subjugation.
More fundamentally, the real source of this extreme degeneration is rooted in the structure of the prevailing Neo-colonial, Comprador-Capitalist State and Political Order. The Geneva Charade is all about preserving this decomposed State, while tightening the screws on the MRR to get the house in order, fall in line and do business as usual. Or to get out of the way, so a better, more pliable agent can be placed in power. (This is the only pitiful chance that Ranil Wickremasinghe would have to ever come to power, for which he twiddles his thumbs away). Geneva is a cover up of the State and the System. Such horrendous crimes and atrocities are not confined to the last stages of the war. Communal pogroms, mass massacres, inhuman torture, gang rapes, extra-legal killings have been necessary instruments of rule of a defunct and rotting Feudal-Colonial/ Militarist-Chauvinist  State. They have been a permanent feature of the politics of this State. So, why focus on the last stages of the war?
The oppressed Sinhala masses, themselves desperate, destitute, duped and degraded,  were effectively and consummately manipulated to believe in this ‘crusading historic mission of a war of military conquest and political subjugation of the Tamil Nation’. They supported the war and the agenda en masse. That does not legitimate nor justify it. So did the majority-vast multitudes- support Hitler and Mussolini. There were several mutually reinforcing factors that went into this consensus and compliance. All the imperialist and regional predator powers backed the war to the hilt and legitimated and justified it. The neo-liberal Capitalist agenda requires a unified market, unlimited access to resources and a reserve pool of cheap labor to feed its growing appetite for  inexhaustible profit and plunder. In the context of a shrinking economy, the war was powered by the need of a rising, vocal class of Sinhala bourgeois and petit bourgeois forces to extend their economic domain into the vast and fertile fields of the North-East,. It was driven by a bloated class of crony-mafia capitalists, made up of drug lords, international racketeers, war lords, corrupt bureaucrats, low-life brokers, murderers and rapists,- all kinds of creeps and parasites – who needed to open up lucrative investments in the region. These have taken the form of massive land grabbing and hosting luxury tourist resorts, golf courses, sports stadiums, casinos, bars, brothels and spas, sex trade and drugs that cater to a parasitic super-elite class and designed to grease the machinery of astronomical corruption and money laundering. The war was inspired with this comprador vision of filthy lucre, , fortunes and empires. The Maha Sangha – the Buddhist priesthood – yearned for claiming suzerainty over the whole island to expand its domain of land, wealth, privilege, status and power. It blessed the war. It was nurtured by genuine aspirations for peace and normalcy by the vast majority of war weary masses. These combined factors, and the sustained war propaganda impacted upon forming public opinion.
This impassioned popular support was no less fostered by the terrorist brutality of the LTTE directed against civilians and unarmed citizens. It was also sourced from a tortured, manufactured need for domination and supremacy by a long colonized and subjugated people, made to yearn for lost position and glory. This diabolical manipulation- and the war itself – was aided by the “Left” parliamentary stooges of the Regime, including the CP (Moscow), the LSSP and the JVP. It was blessed and advocated  by the whole spectrum of the powers that be- by world imperialism and the global neo-colonial status quo. That is an overwhelming, incredible  ‘national-international’ consensus! Perhaps the biggest ideological hijack after the Nazis- and perhaps in history.
This ruling ideology, military doctrine and the war itself was based on a lie- a grotesque and perverse distortion of the truth- that few today would dare to expose at the cost to their lives. The truth is that every successive regime unleashed and reinforced  Sinhala-Buddhist chauvinism as a tool to divide and deceive the masses. The State was founded by the British on the basis of entrenching majority Sinhala domination and supremacy under the hegemony of a Sinhala-dominated, lackey, feudal-colonial ruling class. This ruling class, in turn, entrenched the ideology and politics of Sinhala-Buddhist chauvinism with passion and conviction.  Each outdid the other in deceiving, terrorizing and robbing the Tamil Nation of its right to exist, reduced the Tamil people to a subject nation and degraded them as second class citizens. Each in turn politicized and militarized the  State and political order in order to entrench its rule and perpetuate its power. It was the State that unleashed barbaric State terrorism on the Tamil people – and on the Sinhala youth. The politics of enforced, systemic and systematic national oppression and violent political subjugation generated the ideology and politics of ‘separatist terrorism’. The Tamil militants resorted to armed struggle when alternatives to peaceful, constitutional struggle and radical structural democratic change did not seem possible or plausible. The terrorism of the LTTE, deplorable as it is, was bred by the official, legitimate, systemic terrorism of the State. Both the LTTE and the JVP are responsible for their reprehensible brand of the politics of terror, and it should be definitively overcome by applying  scientific principles of revolution and human liberation. Yet, it is the most profound crime to turn the truth upside down in order to make the real terrorists, the real criminals into victims, and make the victims appear to be the criminals. Turning cause into effect and effect into cause serves only the predator to legitimate his kill and continue to devour his prey. It is a preposterous moral crime against humanity. This twisted logic will never be a basis for reconciliation or accountability, nor for instituting democracy and freedom.
The MRR will not be held accountable for war crimes on its own accord, nor will it provide a democratic solution to the National Question. Since to do so would be to violate  the holy mandate and its chosen mission, to betray the armed forces, to alienate the very social and political base it breeds and feeds upon. It would be to commit political suicide. It can only survive by further intensifying its militarist-chauvinist agenda, further centralize and concentrate all sources of wealth and power, consolidate its hegemonic dictatorship over society, entrench the Sinhala-Buddhist unitary State and enforce its dynastic will with naked terror. The 18thAmendment, the Divi Neguma Bill, the Criminal Procedure Amendment Bill, the impeachment and sacking of the Chief Justice and her replacement by the dubious Hon. Mr. Mohan Peiris, politicizing the Armed Forces and militarizing the Police and the whole social order, the intended 19th and 20th Amendments are all part of enforcing this agenda, under the cover of legality. Needless to say, the Bodu Bala Sena and the Sinhala Ravaya are necessary instruments for enforcing this terrorist-chauvinist, mafia-capitalist dictatorship. Tyranny thrives in the contrived climate of impending doom and disaster, in the threat of unbridled violence and terror, in the abyss of calculated chaos and anarchy, requiring absolute submission to the writ and command of the one omnipotent Tyrant. The BBS has risen to its task.
If you are expecting truth and justice, democracy and freedom  from Geneva, you will be sold down the tube. You may get some cosmetic, and ultimately illusory reforms- just enough to keep the system and the whole neo-colonial order afloat.  Just enough oxygen to keep the rotting corpse alive- with or without the MRR. So, why focus only on the last stages of the war? Why zoom in on Mullaivaikal and Nandikadal? Why not hold the State and the System accountable for its litany of war crimes and inhuman atrocities? True, the crimes committed during this stage surpass all that went before. But these crimes are a continuation and intensification of the politics of the State, reinforced by every successive regime. Well, such accountability would not fall in line with the agenda of the imperialist and regional powers that seek to profit and gain strategic advantage from the Geneva Charade. None of these powers would want the whole damn State and system to be brought into question. That would put them on trial. This would surely feed into a righteous people’s revolution to uproot the rot and throw away the bloodied enforcers and build a whole new state without need nor reason for any form of domination, exploitation, oppression and WAR, upon the ashes and ruins of imperialism and neo-colonialism.  That historic process must begin with a courageous assertion of the Truth, combined with an enduring sense of Justice, as the basis to unite all exploited and oppressed classes, nations, nationalities and communities in a common struggle to get beyond the Regime, the State and the System. An objective historical narrative of the National Question and a scientific analysis of the politics of  war and peace of the MRR, and of the geo-strategic agendas of the range of predator imperialist and regional powers aligned in Geneva, is a first condition to serve the cause of Truth and Justice, secure Democracy and Freedom and to Map the Future.
*The writer is Secretary: Ceylon Communist Party (Maoist) 
Category
Geoffrey Robertson-
March 6, 2013
Commonwealth countries risk a human rights nightmare if they capitulate to the Rajapaksa regime.

Illustration: Andrew Dyson.
Illustration: Andrew Dyson.
The Commonwealth is sleepwalking towards a human rights disaster, if it goes ahead with November's Commonwealth Heads of Government Meeting in Colombo, where it will be presided over by Sri Lanka's President Mahinda Rajapaksa. Perhaps emboldened by getting away with murder - the army slaughter of some 40,000 Tamil civilians in 2009 - his government has now moved to destroy the independence of the judiciary. It has sacked the Chief Justice for a decision that it finds inconvenient.
Chief Justice Shirani Bandaranayake, former dean of Colombo Law School and the first woman to be made a Supreme Court judge, is a highly respected jurist.
Last year she infuriated the government by declaring unconstitutional a bill introduced by the President's brother, the Minister for Economic Development, which would have centralised political power (especially at the expense of the northern, largely Tamil province) and would have given the minister wide-ranging powers to infringe civil liberties. So the government decided to remove her and 117 of its tame MPs introduced a bill to impeach her on 14 charges of alleged ''misconduct''.
The principle of judicial independence requires that no judge should be impeached for doing his or her duty, merely because the decision has upset the government. That is exactly what the Rajapaksa government has done in the case of Dr Bandaranayake.

Three of the charges accused her of misinterpreting the constitution. But it is a judge's job to interpret the constitution and she gave it a purposive construction with which most judges - in Australia and elsewhere - would have agreed. Indeed, with two colleagues who joined in her judgment she interpreted the meaning of a key word in the constitution by looking it up in the Oxford English Dictionary - a familiar source of linguistic enlightenment in courts throughout the Commonwealth. But not for these 117 MPs.
Before politicians sack a respected judge, they must at least afford her a fair trial. So to whom did the Speaker, Rajapaksa's elder brother, entrust this task? To a ''Star Chamber'' of seven cabinet ministers.
It sat in secret, refusing the Chief Justice's request to admit the public and refusing to have international observers. It declined to be bound by any rules about the prosecution bearing the burden of proof and it gave her no time to prepare any defence - she was presented with 1000 pages of evidence and told to be ready for a trial starting the following day.
The tribunal chairman told her expressly that it would allow no witnesses, whereupon she and her counsel walked out, despairing of any fair trial. The next day, in her absence and without notice to her, they called 16 witnesses whom she could not in consequence cross-examine.
The result was a foregone conclusion. She was found ''guilty'' on three charges of misconduct on evidence that could not stand up in any real court and could not in any event amount to ''misconduct'' under any sensible definition.
For example, the fact that her bank had addressed her as ''Chief Justice'' on her statements was regarded as an abuse of office justifying her removal. The Supreme Court quashed the Select Committee's findings of guilt, but the President refused to obey their orders.
The President sacked her and appointed the government legal adviser, who had no judicial experience, as Chief Justice in her place. Her impeachment was celebrated with a fireworks display from the Sri Lankan navy and with entertainment, feasting and fireworks supplied by the government.
The prospect of the Queen travelling as head of the Commonwealth to Sri Lanka to provide a propaganda windfall - a royal seal of approval - for the host President after his destruction of judicial independence would make a mockery of the core democratic values for which the Commonwealth is meant to stand.
Canada has already signalled it may refuse to attend what will be a showcase for the regime, but Bob Carr is determined that Australia will be there, a position that is sure to damage Australia's standing on human rights. Mauritius, an exemplary democracy, is willing to host CHOGM, and that's where it should take place.
Geoffrey Robertson, QC, is a former UN appeal judge and the author of Crimes Against Humanity. Read his report at barhumanrights.org.uk


I’m still the Chief Justice – Shirani Bandaranayake

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TUESDAY, 05 MARCH 2013 
A motion forwarded by Chief Justice Dr. Shirani Bandaranayake informed the Supreme Court that she still was the Chief Justice, the Court of Appeal has given a verdict regarding the impeachment brought against her, the verdict suspended the decision of the Parliamentary Select Committee and she need not appear before Supreme Court when noticed.
The motion has been forwarded through her lawyers Neelakandan & Nellakandan.
The Court of Appeal has given a correct verdict regarding her petition and she need not go before the Supreme Court regarding the petition against this decision she had noted in her motion.
The head of the panel of nine judges Shirani Tillekewardene said the motion too would be considered on 11th June as hearing of the petitions were put off due to the retirement of Justice S.I. Imam.

Petitions put off to 11th June. Govt.’s sinister move would be defeated says Vijitha Herath

TUESDAY, 05 MARCH 2013 
logoAll petitions that were to be heard in the Supreme Court have been put off to 11th June. The petitions were to be heard before a panel of nine judges. However, the hearing had to be postponed as one of the judges had retired from service.  Ms. Shirani Thilakawardene was the head of the panel of judges today.
Meanwhile, Mr. Vijitha Herath, who participated in the hearing on behalf of the JVP, said the government, in an attempt to get the verdicts given earlier with regard to the impeachment changed to its advantage, has appointed the panel of nine judges.  He said the process is illegal and undemocratic and added that his party would mediate to defeat the sinister motive of the government.



Justice Crushed In Sri Lanka

By Geoffrey Robertson -March 5, 2013 
Geoffrey Robertson, QC
Colombo TelegraphThe Commonwealth is sleepwalking towards a human rights disaster, if it goes ahead with November’s Commonwealth Heads of Government Meetingin Colombo, where it will be presided over by Sri Lanka’s President Mahinda Rajapaksa. Perhaps emboldened by getting away with murder – the army slaughter of some 40,000 Tamil civilians in 2009 – his government has now moved to destroy the independence of the judiciary. It has sacked the Chief Justice for a decision that it finds inconvenient.
Chief Justice Shirani Bandaranayake, former dean of Colombo Law School and the first woman to be made a Supreme Court judge, is a highly respected jurist.
Last year she infuriated the government by declaring unconstitutional a bill introduced by the President’sbrother, the Minister for Economic Development, which would have centralised political power (especially at the expense of the northern, largely Tamil province) and would have given the minister wide-ranging powers to infringe civil liberties. So the government decided to remove her and 117 of its tame MPs introduced a bill to impeach her on 14 charges of alleged ”misconduct”.
The principle of judicial independence requires that no judge should be impeached for doing his or her duty, merely because the decision has upset the government. That is exactly what the Rajapaksa government has done in the case of Dr Bandaranayake.
Three of the charges accused her of misinterpreting the constitution. But it is a judge’s job to interpret the constitution and she gave it a purposive construction with which most judges – in Australia and elsewhere – would have agreed. Indeed, with two colleagues who joined in her judgment she interpreted the meaning of a key word in the constitution by looking it up in the Oxford English Dictionary – a familiar source of linguistic enlightenment in courts throughout the Commonwealth. But not for these 117 MPs.
Before politicians sack a respected judge, they must at least afford her a fair trial. So to whom did the Speaker, Rajapaksa’s elder brother, entrust this task? To a ”Star Chamber” of seven cabinet ministers.
It sat in secret, refusing the Chief Justice’s request to admit the public and refusing to have international observers. It declined to be bound by any rules about the prosecution bearing the burden of proof and it gave her no time to prepare any defence – she was presented with 1000 pages of evidence and told to be ready for a trial starting the following day.
The tribunal chairman told her expressly that it would allow no witnesses, whereupon she and her counsel walked out, despairing of any fair trial. The next day, in her absence and without notice to her, they called 16 witnesses whom she could not in consequence cross-examine.
The result was a foregone conclusion. She was found ”guilty” on three charges of misconduct on evidence that could not stand up in any real court and could not in any event amount to ”misconduct” under any sensible definition.
For example, the fact that her bank had addressed her as ”Chief Justice” on her statements was regarded as an abuse of office justifying her removal. The Supreme Court quashed the Select Committee’s findings of guilt, but the President refused to obey their orders.
The President sacked her and appointed the government legal adviser, who had no judicial experience, as Chief Justice in her place. Her impeachment was celebrated with a fireworks display from the Sri Lankan navy and with entertainment, feasting and fireworks supplied by the government.
The prospect of the Queen travelling as head of the Commonwealth to Sri Lanka to provide a propaganda windfall – a royal seal of approval – for the host President after his destruction of judicial independence would make a mockery of the core democratic values for which the Commonwealth is meant to stand.
Canada has already signalled it may refuse to attend what will be a showcase for the regime, but Bob Carr is determined that Australia will be there, a position that is sure to damage Australia’s standing on human rights. Mauritius, an exemplary democracy, is willing to host CHOGM, and that’s where it should take place.
*Geoffrey Robertson, QC, is a former UN appeal judge and the author of Crimes Against Humanity. This op ed was first published by The Age
Related posts;


Tuesday , 05 March 2013
Government has informed concerning the demised and injured persons and assets destructions in war, evaluation activities will be processed in the forthcoming days in the Jaffna district which is one of the recommendations made by the Learnt Lessons and Reconciliation Commission.
 
However concerning this any directives or circulars so far had not reached to process these activities is according to Jaffna District Secretariat information.
 
The Learnt Lessons and Reconciliation Commission which was appointed by the Sri Lanka government, one of the report's recommendations consist, that an assessment should be carried out concerning the deaths, injured and the devastations of assets during war for relief measures.
 
 According to this the evaluation activities will be carried out jointly by the Sri Lanka Department of Assessment and Public Administration and Local Affairs Ministry.
 
The respective Grama Sevaka officials will collect this information by visiting each and every house. 
 
The Public Administration and Local Affairs Ministry Secretary and Director General of Department of Assessment have made a request that during this activities, public should furnish authentic details to Grama Sevaka.
 
 
The directive which was issued states, in the following days, the assignment will commence and get implemented.
 
However concerning this, directives or circulars are not received was according to Jaffna district secretariat circles.
 
At a state the UN Human Rights Council sessions are held in Geneva, suggestions made to process the estimate in this instance is much notable.
SriLankan pilots to strike
by A Staff Reporter-2013-03-05 


Pilots at SriLankan Airlines are threatening to take tough trade union action, in protest of what they call undue pressure exerted by the top officials to tamper with the recruitment process of trainee pilots. The Airline Pilots' Guild of Sri Lanka (ALPGSL) alleged there is an attempt by the senior management of SriLankan Airlines to lower the required standards after the selection of successful candidates in the current cadet pilot intake.


Such minimum standards, which have been maintained for over 30 years, have provided safe travel for the general public and has established the pilots of SriLankan Airline to be of the highest calibre and standards worldwide, the Guild stated.


"In the past, the minimum standards in the recruitment process have always been maintained and met for the assessment of new cadet pilots, in order for the safety and high standards of the Airline to be consistent," it declared.


The ALPGSL, issuing a statement stated they are demanding clarification from the SriLankan Airlines Senior Management about such a contradictory directive in one of the most highly regulated industries.


"Furthermore, it is our understanding that the chief pilots in charge of the training, and more significantly, who have been maintaining standards have tendered their resignation over the last few days. In view of these serious developments, the ALPGSL membership has been reluctantly compelled to take relevant action and has been given the mandate necessary for further action, if needed, in order to protect the standards of the airline. Due to the seriousness and repercussions of such actions by the Management, the ALPGSL has appealed to the government to look into these irregularities and are confident that required action and accountability will be initiated, and taken," they said.


WikiLeaks: ‘Fonseka Would Be Able To Get The Status Of The Bushmaster Weapons From Washington’ – Blake To Gota

By Colombo Telegraph -March 5, 2013
Colombo Telegraph“The Ambassador noted that Army Chief General Fonseka would be able to get the status of the Bushmasters during his visit to Washington later this month. The Ambassador also urged the GSL to receive at a high level a team from Raytheon coming the week of November 13 to discuss Raytheon’s offer of aerial radars on Beechcraft. Such radars would greatly increase GSL capacity to detect LTTE re-supply efforts several hundred miles offshore. Rajapakse said this was an important visit.”  the US Embassy Colombo informed Washington.
The Colombo Telegraph found the related leaked cable from the WikiLeaks database. The cable is classified as “Confidential” and recounts a meeting the US Ambassador had with Secretary to the Ministry of DifenceGotabaya Rajapaksa. The cable was written on November 10,2006 by the US Ambassador to Colombo, Robert O. Blake.
Blake wrote “Rajapakse explained that the LTTE is far stronger than is commonly believed. He cited a November 9 attack by 20 LTTE boats on a seven vessel GSL naval convoy south of Point Pedro off the east coast of Jaffna. The LTTE boats engaged in a pincer action during which they managed to separate two GSL vessels, which LTTE suicide boats then rammed and sank. Admiral Samarasinghe said 5 sailors had been killed, fifteen were missing and presumed dead, and four had been captured by the LTTE. He explained that the action came at a time when the Navy is already stretched thin because it is escorting humanitarian convoys from Colombo to help re-supply Jaffna”
“The Ambassador noted that in initial briefings he had received from the Sri Lankan military when he arrived in September, the GSL had believed they had inflicted heavy losses on the LTTE. How had the LTTE been able to reconstitute capabilities so fast? Rajapakse explained the LTTE had been able to re-supply the parts and other equipment lost, which was why they could now increase their operational tempo. He reiterated the urgent need for Bushmaster weapons so that the LTTE could not outgun the Sri Lankan navy. The Ambassador noted that Army Chief General Fonseka would be able to get the status of the Bushmasters during his visit to Washington later this month. The Ambassador also urged the GSL to receive at a high level a team from Raytheon coming the week of November 13 to discuss Raytheon’s offer of aerial radars on Beechcraft. Such radars would greatly increase GSL capacity to detect LTTE re-supply efforts several hundred miles offshore. Rajapakse said this was an important visit.” he further wrote.

RPT-Sri Lanka takes next step to opening strategic China-built port

(Repeats March 4 story with no changes to text)
* China's growing influence in Sri Lanka worries India
* Proper bunkering operations at the port start in June
* Hambantota is set to be Sri Lanka's biggest port
By Shihar Aneez-Mon Mar 4, 2013 
ReutersCOLOMBO, March 4 (Reuters) - Sri Lanka will start storing bunker fuel at the $1.5 billion Hambantota port in June, a senior official said, after years of delays to the Chinese-built installation that sits on strategic shipping lanes, and a key step to making it commercially viable.
The state-run Sri Lanka Ports Authority (SLPA) originally had plans to open the facility for ship fuel in May 2011, six months after President Mahinda Rajapaksa launched the port in his home town on his 65th birthday.
"We are about to get the test samples in March. Then we will do the trials. After that we will start proper bunkering operation in June," Priyath Wickrama, chairman of the SLPA told Reuters in an interview.
The $130 million storage project contains eight tanks of bunker oil for ships and six tanks of aviation fuel and LPG.
The port is envisioned as a refuelling and service point for cargo ships which pass a few kilometres away off the southern tip of the Indian Ocean island nation, on one of the world's busiest East-West shipping lanes.
The growing influence of China in Sri Lanka has worried India, a neighbour that feels hemmed in by a string of similar port developments stretching from Myanmar to Pakistan and that it fears give the Chinese navy a strategic boost in the region. However, the ports are designed for commercial operations and are mostly not yet fully operational.
China has lent $400 million for the first phase of the new port in Hambantota and another $810 million has been given for the second phase with China Communications Construction Company as the contractor.
Wickrama said the expected handling volume in 2013 is about 45,000 metric tonnes (mt) of ship fuel, rising to 125,000 mt in 2015. China Exim Bank has loaned $77 million for the terminal, which the ports authority will operate.
RAJAPAKSA CITY
The port is part of Rajapaksa's push to turn Hambantota, a fishing village ravaged by the 2004 tsunami, into one of Asia's leading commercial cities. Hambantota is set to be Sri Lanka's biggest port once the second phase is completed.
Rajapaksa's ambitious plans for his home town following the end of three decades of civil war in 2009 have already helped build the country's second international airport, a 35,000-seater cricket stadium that hosted 2011 World Cup games, and a massive convention centre, mostly financed and built by China.
The port, airport and the stadium are all named after Rajapaksa, who is still hailed by many for winning the war against Tamil Tiger separatists, despite international concerns about rights abuses in the intense final months of hostilities.
The Mahinda Rajapaksa International Airport is due to open on March 18, after being built with a $209 million Chinese loan, with China Harbour Engineering Company building the first phase.
An entire new commercial city is planned. A smooth four lane highway has slashed travel time to the capital Colombo, while South Korea is helping build the international convention centre. Shangri-La Asia Ltd is building a resort due to open in 2014.
But the viability of the whole plan will depend largely on the success of the port, which has had a rocky start and is increasingly criticised for its low returns on investment.
Thousands of ships were meant to use Hambantota port soon after its November 2010 launch as an alternative to Singapore or Dubai, and unload goods to be moved across Asia and Australia.
But, after the lavish opening ceremony, Sri Lanka had to seek an additional loan from China to remove an undersea rock blocking the mouth of the port, a hitch played down by Wickrama.
"Unfortunately due to certain clearance issues, there was a slight delay," he said.
For now, the main traffic comes from local tourists gawking at the long breakwaters, along with the occasional ship laden with cars. The government ordered all car imports to come through Hambantota in July 2012, to unclog the capital Colombo.
Rajapaksa's political rivals say the move was also aimed to give some life to the facility, where the gilt is peeling from the president's name emblazoned at the port's entrance.
Wickrama said Sri Lanka has already secured $700 million in investments, including $220 million from India's Shree Renuka Sugars Ltd to handle some 500,000 tonnes this year.
The Ports Authority expects another $1 billion in investment through requests for proposals by May, he said. (Additional reporting by Ranga Sirilal and Frank Jack Daniel; editing by James Jukwey)