UAE urged not to deport Sri Lanka journalist Lohini

Rights groups are appealing to authorities in the UAE not to deport Sri Lanka journalist Rathimohan Lohini.

The former presenter for a rebel-run Tamil TV channel, who is in Dubai, is facing expulsion despite having UN refugee status.

Human Rights Watch (HRW) says Ms Lohini, an ethnic Tamil, "would be at grave risk of torture" if sent back.

Sri Lanka's army defeated the separatist Tamil Tigers in May 2009, ending 26 years of brutal civil war.

However, the final phase of that war has been a source of considerable controversy, with both sides accused of war crimes.

'Serious reprisals'

Ms Lohini is one of 19 Tamil refugees facing deportation from the United Arab Emirates. Some have been told they must leave by 11 April, Sri Lankan sources told HRW.

Ms Lohini worked as a presenter for the National Television of Tamil Eelam (NTT) between 2006 and 2008, covering the civil war from areas controlled by the Tamil Tigers.

She was one of the main female news anchors and became widely known to the domestic audience.

In a joint statement, Reporters Without Borders and Journalists for Democracy in Sri Lanka (JDS) warned that Ms Lohini "would be exposed to serious reprisals".

"In the light of recent developments and the appalling climate for the Tamil media in Sri Lanka, we are extremely worried about the consequences of a forced return," the statement read.

The agencies called on the UNHRC to prevent her expulsion which they said would "constitute a total violation of international law".

In 2009, the bound and naked body of Ms Lohini's 27-year-old female colleague, known as Isaipriya, was discovered.

UAE may deport refugee Tamil journalist to Sri Lanka

Sri Lankan Tamils hold photos of family members who disappeared in the war between Sri Lankan government troops and Tamil Tiger rebels as they wait to hand over a petition at the U.N. office in Colombo on March 13. (Reuters/Dinuka Liyanawatte)

New York, April 10, 2013--The Committee to Protect Journalists is deeply concerned by news reports that a Tamil journalist in the United Arab Emirates may be deported to Sri Lanka this week despite her United Nations refugee status, and calls on authorities in the UAE to halt any such deportation measures.

Lohini Rathimohan (also spelled Lokini), a former television journalist, is one of 19 Tamil refugees facing deportation from the UAE, the BBC reported. UAE authorities have told the group they must leave the country by April 11 and return to Sri Lanka, according to U.S. government-funded Voice of America. The 19 refugees face "serious risk of torture and persecution upon return," according to Human Rights Watch.

Rathimohan covered Sri Lanka's civil war from areas controlled by the Tamil Tigers for the rebel-run National Television of Tamil Eelam (NTT) between 2006 and 2008, the news reports said.

"Sri Lanka remains a perilous place for Tamil journalists," said CPJ Deputy Director Robert Mahoney. "The UAE authorities must take this into consideration and immediately halt any plans to deport Lohini Rathimohan."

VOA reported that Rathimohan and the 18 other refugees are being kept together in a single room at Dubai's Jebel Ali Port and have minimal contact with the outside world. The journalist told VOA they have been given no indication of what lies ahead, saying, "We are afraid, very afraid." Media reports did not specify why Rathimohan and the others face deportation, and UAE authorities have not commented on the issue.

CPJ research shows that ethnic Tamil media in Sri Lanka face continued risks. CPJ last week documented an attack on the offices of Uthayan, a Tamil-language newspaper based in the island nation's Northern Province, and disruptions last month by the country's national broadcaster to BBC's Tamil service, which led the British broadcaster to suspend all radio service in Sri Lanka.

In 2009, Rathimohan's colleague Shoba was shown shot and killed in amateur video filmed by Sri Lankan soldiers and obtained by the U.K.'s Channel 4.

Comments on Korean Crisis                                    

Col. R. Hariharan-Dated 09-Apr-2013

[This article includes comments made by Col Hariharan in a TV discussion on April 7, 2013 on North Korean threat to unleash nuclear strike on U.S. bases and South Korea.]

Why the North Korean stand off?

There are both contemporary and historical reasons behind the North Korean threat to launch an offensive against South Korea and strike at U.S. bases in Guam and Hawaii. North Korea (Democratic Peoples’ Republic of Korea –DPRK) and South Korea have been having an uneasy relationship since the singing an armistice in 1953 after the Korean War ended in a stalemate. At that time a De-militarized Zone (DMZ) was created along the 38^th parallel between the two countries to prevent breaking out of fresh conflict. However, DPRK has not recognized the maritime boundary between the two countries; this continues to be an irritant in their relations. Annual joint exercise by South Korean and U.S. troops and navy is yet another major source of irritation for the North. The Kim regime has repeatedly used these irritants to whip up anti-U.S. hysteria and talk tough on attacking South Korea.

A contemporary reason could be South Korea’s emergence as a democratic nation with strong economic power next only to China and Japan in East Asia, in sharp contrast to DPRK’s dismal performance.

During the last six decades, North Korean regime has left the land and people impoverished. Food shortages have become endemic as the farm productivity is low. Though the regime has achieved moderate success in producing some conventional weapons like multi-barrel rocket launchers, and short range missiles derived from Chinese and Soviet originals, it has made little industrial progress.

The North Korean regime has gained international notoriety for its ruthlessness and insensitivity to international concerns on nuclear proliferation, human rights and governance. It has been branded as one of the rogue states for its penchant to be a clandestine source of weapons to terrorist organizations and nations under arms embargo.

Kim Jong-un succeeded his father Kim Jong-il as the President of DPRK in 2011. The Kim family’s maverick style of state craft has made DPRK loose cannon in the East Asian region dominated by the U.S. and its allies for long. North Korea had periodically used the threat to develop nuclear weapons and long range rockets to extract concessions mainly from the U.S. The Yongbyon nuclear site was closed in 2007 after a similar standoff. So many analysts feel the newly anointed Kim was probably trying to establish his leadership credentials by following the time tested method of talking tough to rally the masses in his support.

 How serious is the North Korean threat to wage war?

The Kim dynasty has been able to hold on to power due to two factors: the 1.1 million-strong army’s loyalty to Kims and China’s support. North Korea has close relations with China since the days Korean War. Over two million-strong Chinese Peoples Volunteer Army fought side by side with North Korean troops against the U.S. and its allies during the Korean War. The strategic relationship between the two countries was formalized in 1961 with the signing of a mutual aid and cooperation treaty, which was last renewed in 2001 and valid till 2021. Under this treaty, China has agreed to provide military and other assistance to North Korea against any external attack.    

However, there is also a downside to Sino-North Korean relations. DPRK President Kim Il-sung severely criticised the Cultural Revolution in China as a result of which fights erupted between Red Guards and DPRK troops along the border. China had not been very happy with North Korea’s conduct in escalating international tension over its nuclear weapons programme since 2003 and provocative actions against South Korea in 2010 when it torpedoed and sank a South Korean war ship killing 46 sailors. In the same year it also engaged in artillery duel with South Korean troops on Yeonpyeong Island off North Korean coast.  

Probably China finds North Korea, under the Kim family leadership, a source of increasing embarrassment when it is trying to improve its image as a responsible international power. In particular, China has been unhappy with North Korea  nuclear weapons programme. In fact, China’s vote in favour of the UN Security Council resolution imposing financial sanctions after North Korean carried out third nuclear test in February 2013 in violation of its 2012 promise to refrain from testing. Even in the present standoff, China has been expressed its concern over and wants it to be resolved through dialogue.

The U.S., a strategic ally of South Korea since the Korean War days, is concerned at the developments after the latest nuclear test. It had been carrying out joint army and naval exercises near the DMZ with its South Korean ally.  North Korea possesses some crude nuclear bombs and has successfully tested Musudan-1 medium range missile with a range of 4000 km. Moreover, a series of North Korean actions like announcing the entry of North Korea into a state of war with South Korea, plan to restart Yongbayong nuclear reactor, moving of medium range missiles to the eastern coast, continuous broadcasting of military rhetoric, suspending the operations of joint Korean Kaesong industrial zone and instruction to the military to be ready for war are all indications of preparations for war.

So the U.S. and South Korea cannot afford to ignore Kim Jong-un's threat as bluster because he could act impetuously in true Kim family tradition. In order to discourage any such adventurism the U.S. flew two B2 stealth bomber sorties over South Korea in a show of force. It has also moved F22 fighters and missile defence systems, naval ships and troops into the region.  U.S. missile and missile defence systems in Japan as well as in Guam were also placed on alert.

Due to the strategic alignment of China and North Korea on one side and South Korea, Japan and the U.S. on the other, any conflict initiated by North Korea has every possibility of enlarging into a much bigger conflict particularly if North Korea uses nuclear weapons. It would definitely affect China’s core interest of maintaining harmony in its strategic neighbourhood. It can also complicate the China- U.S. relations already under strain ever since China started asserting its territorial claims in South China Sea.  So probably there is an unstated strategic convergence between China and the U.S. in not wanting to allow North Korea to trigger a war at a time of not their choosing.

To sum up, North Korean threats and actions have an element of imminence to become a reality. However, Pyongyang’s shrill rhetoric on state TV also has a surreal quality as media reports indicate normal life continuing even as threats are reeled out. Seoul continues to maintain equanimity perhaps because like the U.S. it does not want to exacerbate the charged situation, while keeping its powder dry.

Potential impact of conflict on Indian interests

South Korea can be considered as one of the success stories of India’s look east policy. India’s economic relations with South Korea have been growing rapidly since 2006. It has become multi-faceted now, buoyed by the signing of the Comprehensive Economic Partnership Agreement (CEPA) in January 2010. India-Korea trade now around $ 20 billion is expected to reach $ 40 billion by 2015. South Korea has also emerged as an important investor in India. It has a healthy share of around 20 percent in Indian automobile industry while most of the Indian IT majors and some of the major industrial houses like Tatas are operating in South Korea.

Growing strategic convergence between India and the U.S. has inevitably brought South Korea also closer to India. Beijing’s strong strategic relations with Pakistan and North Korea’s transfer of nuclear technology to it have given India a natural convergence of security interest with Seoul. These interests were formalised when India and South Korea signed a Memorandum of Understanding (MoU) on Defence Logistics and Supplies in the year 2005. In May 2007, Indian and South Korean defence ministers met for the first time to discuss “matters of mutual interest” and agreed to strengthen cooperation on training of armed forces personnel.

Both countries decided to raise the level of their strategic partnership during the visit of South Korean President Lee Myung-bak to New Delhi in January 2010. His joint declaration with Indian Prime Minister Dr. Manmohan Singh focused on strategic interests and security cooperation between the two countries. Indian Defence Minister AK Antony visited South Korea a few months later to sign two MoUs with his Korean counterpart on experience and information sharing on defence matters and on futuristic joint defence technology development. The visit of Prime Minister Dr Manmohan Singh to Seoul in 2012 and the proposed visit of South Korea’s newly elected President Park Geun-hye to India are likely to bring the two nations closer.  

Considering the growing economic and strategic dimensions of India-South Korea relations, any war involving South Korea would be a matter of serious concern for India. While India may not be directly involved in the conflict, it is likely to use its influence to help out South Korea and contribute to any international initiative to bring back peace in the Korean peninsula.  

(Col R Hariharan, a retired Military Intelligence specialist on South Asia and its neighbourhood is associated with the Chennai Centre for China Studies and the South Asia Analysis Group. E-Mail: colhari@yahoo.com   Blog: www.colhariharan.org)  

Sri Lanka’s Human Skills Gap

By W.A. Wijewardena -April 11, 2013 

Dr. W.A. Wijewardena

Sri Lanka’s Human Skills Gap: Dangerously looming over the country’s future growth prospects

Unrewarding educational attainments

There are some macro numbers relating to Sri Lanka’s educational attainments and human development which should surely please everyone. The country’s literacy ratio at 92 out of 100 on average is on par with any developed country. There is a wide-spread school system with a school in every 6.5 square kilometres of land. The schools are so well staffed that a teacher has to look after on average only 18 students, an attainment about which a school administrator even in a developed country will certainly feel envious of. While 90 per cent of children at age 5 gets admitted to primary education, some 80 per cent of those in the school going age has got a state run school. The teaching is so effective that about 61 per cent of those who sit for the GCE Advanced Level Examination pass the examination becoming eligible to enter a university. Of them, about 16 per cent is annually admitted to a state university where education is free for undergraduates in all streams. Vindicating the quality of the workers, Sri Lanka has successfully beaten up the unemployment problem pushing it below 5 per cent of the labour force, a state close to what is known as the natural rate of unemployment or no-unemployment. Thus, according to these macro numbers, Sri Lanka has a well developed skills pool and there is no doubt about its ability to make an effective contribution to the country’s continued economic prosperity.

SID Conference: Sri Lanka has a serious skills-mismatch

But this was not the picture that emerged at a conference organised by the Sri Lanka chapter of the international think tank on global development issues, Society for International Development or SID, last week. The conference, attended by a selected group of invitees, was addressed by two prominent economists before it converted itself to a forum of open discussion. The two economists who addressed the conference were Dr Nisha Arunathilake, an expert on labour studies attached to the Institute of Policy Studies or IPS, and Dr Suren Batagoda, economist turned bureaucrat, presently functioning as the number two at the General Treasury.

Nisha Arunathilake: Sri Lanka’s higher education is biased toward arts graduates 

Read More

No battles?

April 11, 2013

Treasury Secretary Dr. P.B. Jayasundera on Tuesday publicly set the record straight that there were no battles between him and the Central Bank Governor Nivard Cabraal.

Speaking at the launch of CB’s 2012 Annual Report with President Mahinda Rajapaksa presiding, Dr. Jayasundera emphasised that relations between him and Governor Cabraal were cordial, whilst being constructive.
“We debate, but there are no private battles. When John Exter founded the Central Bank, he had valid reasons to ensure the Finance Ministry Secretary has a seat on the Monetary Board. This was not a threat to the independence of the Central Bank but ensures better coordination and consensus,” Treasury Secretary noted.

A Very Busy Man Behind the Syrian Civil War’s Casualty Count

Andrew Testa for The New York Times

"I am a simple citizen from a simple family who has managed to accomplish something huge using simple means," said Rami Abdul Rahman, founder of the Syrian Observatory for Human Rights.

By NEIL MacFARQUHAR

Published: April 9, 2013

COVENTRY, England — Military analysts in Washington follow its body counts of Syrian and rebel soldiers to gauge the course of the war. The United Nations and human rights organizations scour its descriptions of civilian killings for evidence in possible war crimes trials. Major news organizations, including this one, cite its casualty figures.

Yet, despite its central role in the savage civil war, the grandly namedSyrian Observatory for Human Rightsis virtually a one-man band. Its founder, Rami Abdul Rahman, 42, who fled Syria 13 years ago, operates out of a semidetached red-brick house on an ordinary residential street in this drab industrial city.

Using the simplest, cheapest Internet technology available, Mr. Abdul Rahman spends virtually every waking minute tracking the war in Syria, disseminating bursts of information about the fighting and the death toll. What began as sporadic, rudimentary e-mails about protests early in the uprising has swelled into a torrent of statistics and details.

All sides in the conflict accuse him of bias, and even he acknowledges that the truth can be elusive on Syria’s tangled and bitter battlefields. That, he says, is what prompts him to keep a tight leash on his operation.

“I need to control everything myself,” said Mr. Abdul Rahman, a bald, bearish, affable man. “I am a simple citizen from a simple family who has managed to accomplish something huge using simple means — all because I really believe in what I am doing.”

He does not work alone. Four men inside Syria help to report and collate information from more than 230 activists on the ground, a network rooted in Mr. Abdul Rahman’s youth, when he organized clandestine political protests. But he signs off on every important update. A fifth man translates the Arabic updates into English for the organization’s Facebook page.

Mr. Abdul Rahman rarely sleeps. He gets up around 5:30 a.m., calling Syria to awaken his team. First, they tally the previous day’s casualty reports and release a bulletin. Then he alternates between taking news media calls — 10 on a slow day, 15 an hour for breaking news — and contacting activists.

He transmits his last e-mail around 9 p.m. and continues monitoring news reports and YouTube videos until at least 1 a.m. But urgent news developments frequently disrupt that schedule.

Recently, for example, rumors of the assassination of Col. Riad al-As’aad, a founder of the rebel Free Syrian Army, erupted about 11 p.m. Mr. Abdul Rahman stayed up contacting activists near the eastern city of Deir al-Zour until 5 a.m. before confirming that the colonel was very much alive, but had lost a leg in a car bombing.

In March, when rebel forces near the Golan Heights kidnapped 21 United Nations peacekeepers from the Philippines, his phones rang incessantly. “I wanted to shatter my mobile,” said Mr. Abdul Rahman, who often has a cellphone on each ear.

He said his ultimate goal was to hold accountable those responsible for Syria’s destruction. Focusing on human rights will eventually bring the country a better, democratic future, he said.

“We have to document what is going on in Syria,” he said, because each side is trying to “brainwash” the people to accept its version of events. “The country is headed toward destruction and division,” he added. “We have to try to preserve what hasn’t been destroyed.”

Mr. Abdul Rahman, who founded the observatory in 2006 to highlight the plight of activists arrested inside Syria, faces constant scrutiny over his numbers.

He has been called a tool of the Qatari government, the Muslim Brotherhood, the Central Intelligence Agency and Rifaat al-Assad, the exiled uncle of Syria’s president, Bashar al-Assad, among others. The Syrian government and even some rebels have accused him of treachery.

“Rami’s objectivity is killing us,” said Manhal Bareesh, an activist from Saraqib who knew him before the war. But he and other activists in Syria credit him with working hard to document all the cases, and not hesitating to document potential war crimes.

Alexander Lukashevich, the spokesman for the Russian Foreign Ministry, once described him to the state-owned RIA-Novosti news agency as a man with “no training in journalism nor law, nor even a complete secondary education.”

(In fact, he graduated from high school and studied marketing at a technical school.)

Mr. Abdul Rahman’s toll for the Syrian conflict just passed 62,550, somewhat below the United Nations’ figure of more than 70,000. March was the deadliest month yet, with 6,005 deaths, he said, more than the combined total of the uprising’s first nine months.

“I think our numbers are close to reality, but nobody knows the entire reality,” he said. “I make sure nothing is published before crosschecking with reliable sources to ensure that it is confirmed.”

The ultimate toll, he said, may be twice what has been documented, given Syria’s size, the number of skirmishes and communications problems.

Activists in every province belong to a Skype contact group that Mr. Abdul Rahman and his aides tap into in an effort to confirm independently the details of significant events. He depends on local doctors and tries to get witnesses. On the telephone, for instance, speaking in his rapid-fire style, he asked one activist to visit a field hospital to count the dead from an attack.

With government soldiers, he consults contacts in small villages, using connections from his youth on the coast among Alawites, the minority sect of Mr. Assad, which constitutes the backbone of the army.

Mr. Abdul Rahman has been faulted for not opening his list up for public access online, but the world of nongovernmental organizations gives him mostly high marks. “Generally, the information on the killings of civilians is very good, definitely one of the best, including the details on the conditions in which people were supposedly killed,” said Neil Sammonds, a Mideast researcher for Amnesty International.

The intense workload has taxed Mr. Abdul Rahman’s family life. His only child, Amani, 6, springs from bed without so much as a “good morning,” said his wife, Etab Rekhamea. “She asks: ‘What is the news from Syria? What is the news about the Nusra Front?’ ”

Mr. Abdul Rahman spends so much time locked upstairs in his tiny study that Amani figured out how to Skype him from the living room. Once when he agreed to a picnic, he showed up carrying his two cellphones and his laptop. “He has taken a second wife,” his wife said with a groan.

Mr. Abdul Rahman grew up in Baniyas, on the Syrian coast, but would not speak for the record about his family still there, lest that bring further unwanted government attention.

His exposure to politics started at age 7, he said, after his family’s landlord hit his sisters for sitting on the building’s roof. Neighbors who saw the altercation refused to testify because the landlord was an Alawite with a brother in military security.

Mr. Abdul Rahman owned a clothing store but secretly wrote pamphlets denouncing unfair privileges granted to a few while most Syrians had to line up for basic goods. Born Osama Suleiman, he adopted a pseudonym during those years of activism and has used it publicly ever since.

When two associates were arrested in 2000, he fled the country, paying a human trafficker to smuggle him into England. The government resettled him in Coventry, where he decided he liked the slow pace. He says his main regret is having to drive 30 minutes to Birmingham for a decent Arab restaurant.

Money from two dress shops covers his minimal needs for reporting on the conflict, along with small subsidies from the European Union and one European country that he declines to identify.

The war has dragged on far longer and has been far more destructive than he ever anticipated, and for the moment, he said, his statistics are as much a tactic as a resource.

“The truth will make people aware,” Mr. Abdul Rahman said. “Hearing the number of people killed every day will make them ask the government, ‘Where are you taking us?’ ”

Hala Droubi contributed reporting.

A version of this article appeared in print on April 10, 2013, on page A4 of the New York edition with the headline: A Very Busy Man Behind the Syrian Civil War’s Casualty Count.

Genuine Reconciliation: Military And CID Attack Tamils And Tamil Media

By R Sampanthan -April 10, 2013

R Sampanthan

Hon Speaker,
Parliament,
Sri Jayawardenapura, Kotte.

Standing Order 23(2) – proviso: Notice of question relating to matter of urgent public importance – to be made on 10th April 2013

On Saturday, 30th March 2013, a mob of around 50 persons who came in a procession along the A9 highway carrying the national flag attacked a meeting held at the Tamil National Alliance office of Hon S Shritharan MP in Kilinochchi by throwing rocks and concrete stones. In addition to Hon S Shritharan MP, Hon S Senathirajah MP, Hon E Saravanapavan MP and Hon M A Sumanthiran MP were present there at that time. The members of Parliament were engaged in meeting with about 100 residents of Kilinochchi relating to maters of concern to the Tamil People. This attack took place in the presence of the Kilinochchi Police, who did nothing to prevent it, and resulted in injuries to 13 persons and extensive damage to property. This attack was recorded on video and photographs and the persons involved are easily identifiable. However, not one person has been arrested in relation to this violence up to date, despite the presence of the police on the scene while the attack took place. In fact, one assailant apprehended by those present at the meeting was identified to be an officer of the Criminal Investigation Department [CID] of the Sri Lankan Police. He was handed over to the Deputy Inspector General of Police who arrived at the scene later, but was released shortly thereafter. Two others, who were similarly caught in the act and handed over to the Police, were also promptly released.

A mob of around 50 persons who came in a procession along the A9 highway carrying the national flag

This is not the first time such attacks have been carried out on TNA meetings. On 16th June 2011 army personnel in full uniform attacked a TNA local authority election meeting at Alaveddy in Jaffna, at which five Members of Parliament were present. Although the assailants were in uniform and identifiable, to date no one has been arrested in relation to that incident. More violence was unleashed against the people the day before the local authority elections at that time, particularly in the Kilinochchi and Mullaitivu districts. Army personnel went house to house and confiscated National Identity Cards and the Polling Cards of the people and warned them not to vote for the TNA. I made a complaint to the Commissioner of Elections with full parlicularsand consequently some of those people were able to vote and the TNA emerged victorious. During the Eastern Provincial Council election several acts of intimidation, undue influence, misrepresentation, bribery and other malpractices were committed by persons inclusive of security intelligence personnel supporting the ruling party. These matters were brought to the notice of the President, the Commissioner of Elections, the Inspector General of Police and other authorities. However, no tangible action that could erase the impact of such misdeeds and ensure a free and fair election was taken raising grave doubts in regard to the independence and integrity of the electoral, police and public service authorities entrusted with the duty of conducting elections. Several other meetings and rallies were also similarly disrupted and more recently, on 15th February 2013, military intelligence personnel disrupted a hunger strike by the Tamil people at the Durgai Amman temple premises at Tellipallai, which was also attended by the Leader of the Opposition. There too, persons who were arrested by the Police were released by the Army that intervened.

Mr Speaker, you will observe that the common feature of all these attacks is that they have been carried out by or with the connivance of the security forces and the police and even though the assailants were identifiable, no arrests have been made. These are also carried out under the watchful eyes of the police. This is clearly indicative of the complicity of the authorities

The most recent attack was in the early hours of the morning on 3rd April 2013, on the Kilinochchi distribution office of the Uthayan newspaper by armed assailants. Of the four staff injured, one is in a serious condition. Property has also been damaged. The attack took place when a vehicle carrying copies of the newspaper for distribution arrived at the Kilinochchi office. The incident is the latest in a series of brutal attacks on Uthayan staff in the last few months. In December 2012, the Editor T. Premananth was hospitalized after military officers and plain-clothes policemen beat him repeatedly while he was covering a protest at the University of Jaffna. In January this year, an Uthayan employee who was distributing newspapers in Velvettithurai was attacked by four armed men who also torched his motorbike. The victim was admitted to hospital with a fractured arm. No arrests have been made in relation to any of these attacks. Uthayan is an independent newspaper that publishes news, perhaps not palatable to the government. This demonstrates the lack of media freedom and the threat to freedom of expression in the country now.

These attacks on the democratic rights of the Tamil People of the freedom of association, freedom of opinion and freedom of expression in the North and East are clearly carried out with the active support, sanction and collusion of the Sri Lankan government. They are a vain and counterproductive attempt to suppress and persecute Tamils for their political aspirations. We call on the Sri Lankan government to immediately cease the violence directed against the Tamil People. We reiterate that to prevent a non-recurrence of the past, Sri Lanka must expeditiously commence a meaningful and genuine process of reconciliation based on the ascertainment of the truth, ensuring justice and providing adequate reparations for the victims of violations committed by all parties.

*R Sampanthan - Parliamentary Group Leader, Ilankai Tamil Arasu Kadchi (TNA)  Sampanthan’s speech in parliament today.

Sri Lanka Tamil leaders demand an interim self-government 

Wed, Apr 10, 2013, 10:24 am SL Time, ColomboPage News Desk, Sri Lanka.
Apr 10, Colombo: The Tamil people in Sri Lanka can find solutions to their grievances only through an interim self-government, Tamil political leaders have told the visiting Indian joint parliamentary delegation.

Demanding an interim administration, Tamil representatives who met the Indian MPs in Jaffna had told the Indian delegation that the Provincial Council system under the 13th Amendment to the Constitution are inadequate to solve their problems, BBC Sinhala Service reported.

Quoting the Tamil National Alliance (TNA) MP E. Sarawanabawan, the BBC said that all Tamil MPs belonged to several parties and the religious and civil society leaders asked the delegation for an interim self-government.

"We all said we wanted an interim self-government," the MP was quoted as saying.

The TNA MP has said that the Indian parliamentary delegation did not respond to their request.

A five-member joint parliamentary delegation comprising delegates from all Indian political parties arrived in Sri Lanka Monday night for a for a five-day tour from April 8-12. The visit, organized by the Federation of Indian Chambers of Commerce and Industry (FICCI), is aimed at enhancing the relationship between the two countries.

The delegation comprises Saugata Roy (Trinamool Congress), Sandeep Dikshit (Congress), Anurag Thakur (BJP), Dhananjay Singh (BSP), and Prakash Javadekar (BJP) accompanied by two FICCI representatives.

3859 rape & sexual abuse incidents against women & children have been reported in 2012 – Dinesh

WEDNESDAY, 10 APRIL 2013 

3859 instances of rape and violence against women and children have been reported in the country during last year says Chief Government Whip Minister Dinesh Gunawardene. He said this in Parliament yesterday (9th) in response to a query by JVP Parliamentarian Sunil Handunneththi.

According to Minister Dinesh Gunawardene 1759 children and 330 women have been raped while 547 children and 29 women have been sexually abused. He said 1194 child abuses cases too have been reported.

According to Minister Gunawardene's reply most of the children (173) have been raped in Anuradhapura District. 166 children in Kurunegala District, 129 in Colombo District, 111 each in Gampaha and Ratnapura districts, 106 in Galle District and 93 in Hambantota Districts have been raped according to reports.

Most of the rape incidents of women have been reported from Kandy District. The number reported is 31. 30 incidents of rape of women have been reported from Colombo and Anuradhapura districts.

Most of the children sexually abused too are reported from Anuradhapura District. The number is 55. 48 have been reported in Ratnapura, 41 in Kalutara and 40 in Kurunegala.

Most of the instances of child abuse have been reported from Colombo District.

UNHCR URGED TO PREVENT REFUGEE JOURNALIST’S EXPULSION FROM UAE

PUBLISHED ON TUESDAY 9 APRIL 2013.

Reporters Without Borders and its partner organization, Journalists for Democracy in Sri Lanka (JDS), are very concerned about Rathimohan Lokini (also spelled Lohini), a Sri Lankan journalist of Tamil origin who could be expelled from the United Arab Emirates despite having United Nations refugee status.

She is one of a group of 19 Sri Lankan refugees who are under threat of being deported from the UAE by 11 April.

“In the light of recent developments and the appalling climate for the Tamil media in Sri Lanka, we are extremely worried about the consequences of a forced return for Rathimohan Lokini’s safety,” Reporters Without Borders and JDS said.

“Our concern is heightened by the fact that the Sri Lankan state TV station ITN has reported that they could be sent back, so the government is aware of the possibility and Lokini would be exposed to serious reprisals.

“We therefore urge the Office of the United Nations High Commissioner for Refugees to do everything possible to prevent this expulsion, which would constitute a total violation of international law and the right protection that the UN Refugee Agency granted to Lokini.”

Lokini began working as a presenter for National Television of Tamil Eelam (NTT) in June 2006. This station covered the civil war in the areas controlled by the rebels of the Liberation Tigers of Tamil Eelam (LTTE), broadcasting its programmes both locally and internationally.

Part of her job was to present reports on clashes between government forces and the LTTE rebels. Her visibility exposed her to a considerable risk of reprisals by government security forces and pro-government militia.

As her result, she resigned from her post and left the rebel area in December 2008. Fearing that she could be recognized and become the target of reprisals by members of the Sri Lankan armed forces as the civil war escalated, she finally left Sri Lanka in April 2009.

According to the tally kept by Reporters Without Borders and JDS, five radio and TV journalists working in Tamil regions of Sri Lanka were murdered from 2007 to 2009.

Lokini’s proposed deportation comes at a time of growing harassment of Tamil-language journalists in Sri Lanka. The BBC’s Tamil-language service was repeatedly censored in March. Afterarmed intruders attacked the premises of the daily Uthayan in the northern city of Kilinochchi on 3 April, four employees had to be hospitalized and two are still in a critical condition. The attackers have not been arrested.

IN THE SAME COUNTRY » SRI LANKA

• Armed attack on Tamil newspaper’s distribution office in Kilinochchi - 5 April 2013
• Sri Lanka censors BBC’s programmes on UN Human Rights Council - 27 March 2013
• Desire to silence outspoken journalists seen in murder attempt - 18 February 2013
• Call for truth about cartoonist’s disappearance three years ago - 24 January 2013
• Interview with editor who was threatened by defence secretary - 12 July 2012

NMSJ And Constitutional Reform Proposals

By Laksiri Fernando -April 10, 2013 

Dr Laksiri Fernando

It is undoubtedly a welcome initiative by the National Movement for Social Justice (NMSJ) to come up with a set of proposals to reform the constitutional framework highlighting the need to abolish the much hated executive presidential system as a key change. The relevance of the proposal/s and the initiative is underscored by the constitutional crisis that the country had to traumatically undergo during the impeachment saga, which is also not yet over, and by the fact that the present initiative has come from a credible civil society organization led by Ven. Maduluwawe SobithaThero, unlike in the past.

Broken Promises 

In the past, the promises to abolish the presidential system mainly came from political leaders and parties who were aiming for victory with the support of the broad masses and when they won the elections, the promises were completely abandoned. This was the situation in the case of Chandrika Kumaratunga and the PA in 1994 and also Mahinda Rajapaksa and the UPFA in 2005. It is difficult to say whether the leaders who made the same promise, but could not win like Sarath Fonseka in 2010, would have been different if won. The usual excuse both by CBK in 1994 or MR in 2005 was the lack of 2/3 majority. However, if Mahinda Rajapaksa was believable then he had more than 2/3 since 2010, but instead of abolishing the system it has been strengthened in unimaginable proportions by the 18th Amendment. What has been proved is ‘power corrupts, and absolute power corrupts absolutely’ (Lord Acton).

The UNP has never been enthusiastic about abolishing the presidential system completely. In year 2000, they first agreed for a change and then backtracked on the excuse that the CBK government was not genuine on the matter which might also be correct. The executive presidential system is in fact their baby. Instead, having realized people’s displeasure about its authoritarian character, they have talked about transforming it into an executive prime ministerial system but it is very much easy to abandoned even that promise on the excuse of 2/3 majority. After all, there might be no big difference between the two in practice. Moreover, no party is likely to obtain 2/3 majority single handed at the next election under the present system of proportional representation and therefore it is unlikely that the UNP could be the catalyst for this constitutional change unless something dramatic happens within and outside the party to persuade the leadership.

The above might be the very reason why the NMSJ has started its campaign within the civil society instead of political parties, however proposing their 15 point program of constitutional reform “to be included in the election manifestos of [all] political parties and candidates and then move on with the amendment immediately after the Elections.” Whether this is going to be just wishful thinking or not will depend on (1) the way the NMSJ would be campaigning on the program (2) the responses of the general masses and their key organizations i.e. trade unions, religious associations, women and youth organizations and credible NGOs (3) the reactions of political parties or their enlightened sections and (4) the national issues that would unfold in the coming future, favourable or unfavourable to such a reform scheme.

15 Point Program

The 15 point program aiming at broad consensus among diverse sections does not cover all aspects of constitutional reform, but some of the key issues. It declares that “The Executive Presidency shall be immediately and totally abolished with a return to a Parliamentary form of Government. The President shall be elected by Parliament and shall act on the advice of the Prime Minister, unless when there is express constitutional provision to the contrary.”

What it means by ‘a parliamentary form of government’ undoubtedly is what we had particularly before 1972 however within a republican framework. It is widely accepted that the 1972 constitution brought some distortions to parliamentary democracy. These became enhanced and aggravated under the presidential system diminishing the independence of the judiciary, checks and balances, and political neutrality of the public services. The most prevalent system of democracy in the world today is parliamentary democracy and although a presidential system is also considered broadly democratic, the application of it in developing countries has always spelled disaster.

Even in the United States, although the presidential system is mostly democratic internally, its behaviour externally is oppressive and aggressive largely due to the presidential powers. It might not be a mere coincidence that major conflicts, widespread political violence, insurrections, terrorism and war became menace in Sri Lanka under the presidential system. If the system continues, the possibility of re-emergence of these hazards would be high. The system has further degenerated today into a ‘family oligarchy’ for the whole world to see. The possibility of such a catastrophe is not possible under a parliamentary democracy properly monitored by peoples’ initiatives and the independent media.
It is not only the presidency that the program has called for change. The present PR system is another change envisaged, proposing a mixed system of PR and FPP also abolishing the much divisive ‘manape’ or preferential voting. Under the proposed system, the voters will have the opportunity to elect their own MPs or ‘ape manthri’ in a smaller electoral constituency like in the good old days, while a limited proportional system will operate to keep a balance between parties and also to give representation to smaller parties or groups that are spread out beyond one constituency. The proposal also restricts the opportunistic party crossovers, and if a MP from a seat changes party then there will a by-election.

There is no doubt that the proposed system is rational.

In terms of ‘constitutional principles,’ the program has come up with certain admirable values which are articulated in four principles as “(a) supremacy of the Constitution and the rule of law; (b) representative democracy, human dignity, the achievement of equality and social justice and the advancement of fundamental rights and freedoms; (c) racial, religious and gender equality; and (d) universal adult suffrage, regular elections and a multi-party system of democratic government.” It is in respect of ‘regular elections’ and in strengthening the voter participation in governance that the program has called to limit the life of parliament to only five years. This may be much acclaimed by the people.

Other Reforms

More admirable would be its call for the constitutional recognition of ‘multicultural, multilingual and multi-religious’ nature of the people that constitute the Sri Lankan nation. As it says “The peoples of Sri Lanka who together constitute the People of Sri Lanka have the right to develop their own language, protect their own religion, to develop and promote their culture, to preserve their history and the right to their due share of State power including the right to due representation in institutions of government, without in any way weakening the common Sri Lankan identity.” At the same, time it categorically says that “This shall not in any way be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of the Republic.”
It is on the lines of limiting the abuse of power and strengthening checks on governance that it proposes that “The number of Cabinet Ministers shall not be more than 25. The total number of non-Cabinet Ministers and Deputy Ministers shall not be more than 25 and no other Minister in whatever description would be permitted.”

It proposes to do away with the 18th Amendment and bring back all the desirable elements of the 17th Amendment, the Constitutional Council and the Independent Commissions. What might be lacking is a proposal for a Senate or a second chamber. Its proposal for a caretaker government, free from the clutches of the incumbent government, is innovative and ensures the much needed free and fair elections. The proposed constitutional reform will make the official language policy unambiguous enthroning both the Sinhala and Tamil languages equal status, and all three languages including English, as national languages. While this is undoubtedly a reasonable policy, one even might wonder why not make all three languages official languages; simple, clear and useful. Anyway, English is already a ‘de facto’ official language. This would not preclude anyone to communicate officially in Sinhala or Tamil.

The whole constitutional proposal appears to anchor strongly on human rights and good governance perspectives. It is on that basis the principles of constitutionalism and rule of law are derived. There is no surprise therefore that the NMSJ intends to strengthen and expand on the fundamental rights chapter in the constitution and calls for a vibrant people’s debate on the subject. People in Sri Lanka definitely deserve more freedom and well defined civil and political rights. What in addition required might be firm guarantees for economic, social and cultural rights of the poor and the marginalized in order that poverty and vast socio-economic inequalities are eliminated from our society. There is no point in having economic and social rights only in name. They should be enforceable.

The proposals to ensure the independence of the judiciary and rule of law in the 15 point program are unambiguous including an acceptable procedure for any future impeachment.

Tasks Ahead

If there is any major weakness in the proposals, then that clearly pertains to the lack of emphasis on to safeguard the provincial council system and the principles of the 13th Amendment. There are references to the provincial councils in the text but no clearly expressed commitment. It may be possible that the drafters wanted to take time to build up broader consensus. But in changing the constitutional structure from authoritarianism to democracy, there cannot be any ambiguity or hesitation on the subject of devolution. Small hesitations could lead to big stumbling blocks later. Therefore, I wish to personally appeal to Rev. Maduluwawe Sobitha to give due consideration on this matter and express clearly his commitment to the principles of the 13th Amendment without much delay.

One comment to the drafters of the proposal/s is that, whether they write in English, Sinhala or Tamil, as these matters pertain to the ordinary people for a fruitful and vibrant public discussion, to make their language in the future more lucid and clear without much legal jargon.

Having said the above, the main challenge for constitutional reform or anything else would be how to mobilize the masses for constitutional reform under the given oppressive circumstances. The President most often challenges, rather sarcastically, the opposition to organize if possible something like ‘janagosha,’ ‘padayathra’ or mother’s fronts as he was doing during his opposition days. This is the challenge. To his credit, it must be added that he was doing all these, peacefully and effectively. There should be determined young people who could take up the challenge and mobilize the masses in order that democracy is reinstated in Sri Lanka again through peaceful but forceful transition.