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

Friday, April 12, 2013


RSF/JDS urge UNHCR to prevent refugee journalist’s expulsion from UAE


FLASHBACK: Sex Abuse and Murder in Sri Lanka- New Photos Emerge-Tim King Salem-News.com-Mar-08-2012


12 APRIL 2013
BY RSF | JDS

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 stationITN 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 from2007 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. After armed 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.

Final Report: Removal Of CJ Bandaranayake Was Unlawful – International Bar Association

By Colombo Telegraph -April 12, 2013
Following the release of the Executive Summary of the International Bar Association report A Crisis of Legitimacy: The Impeachment of Chief Justice Bandaranayake and the Erosion of the Rule of Law in Sri Lanka, the full report has been published today.
Chief Justice
Colombo TelegraphThe removal from office in Sri Lanka of Chief Justice Bandaranayake was unlawful, is undermining public confidence in the rule of law, and threatening to eviscerate the country’s judiciary as an independent guarantor of constitutional rights states the Executive Summary of an International Bar Association’s Human Rights Institute (IBAHRI) report released two weeks ago.
Sternford Moyo, IBAHRI Co-Chair commented, ‘We call upon the Government of Sri Lanka to take immediate steps to reverse the impeachment and replacement of Chief Justice Bandaranayake and to work to rebuild the independence of the judiciary and the legal profession in the country, as a matter of absolute urgency.’
Read the full report here
FRIDAY, 12 APRIL 2013 
Janatha Vimukthi Peramuna (JVP) leader Somawansa Amarasinghe yesterday complained to Police Chief N.K. Ilangakoon about the alleged military patrol near the Matale mass grave on Wednesday night. 
 
In his letter, Mr. Amarasinghe said uniformed military personnel had moved around the grave around 9.30 pm on Wednesday. He said the discovery of the grave that dated back to the period between 1987 and 1989 had become a serious issue subjected to judicial process.  

“We believe the judicial process should continue without any complication,” he said. 
 
According to initial investigations, the skeletal remains of 154 persons were found in the grave. The JVP believes that their members who went missing during that the insurrection led by them had been buried here. Also, it was confirmed that these persons were tortured and executed.  

Archaeologist Raj Somadeva also found through his investigations that the grave dated back to the 1986/1989 period.  Besides, the judicial medical officer also made the same conclusion.  It was informed to court by Magistrate Chaturika de Silva.( Kelum Bandara)

JVP concerned over military presence



JHU  slams governments casino plans

 

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By Maheesha Mudugamuwa
In the wake of the governments push to open up the countrys casino industry to international developers, the Jathika Hela Urumaya (JHU) yesterday urged it to reveal the areas where the casinos would be located.

The JHU said that it was vehemently opposed to the establishment of casinos in Sri Lanka and criticized the way the casinos were expanding in the country.

Speaking of the governments intention to develop tourism industry with the help of casinos, the JHU argued that the foreigners would not come to Sri Lanka for casino. If they want to gamble they would go to Macao or Goa in India.

Sri Lanka should not be a hub of betting and gaming, the JHU said adding that it went against tenets of the State religion. If large numbers of casinos were set up in Sri Lanka, the country would get a bad name and people would no longer be able to be proud of the country.

JHU General Secretary and the Technology, Research and Atomic Energy Minister Patali Champika Ranawaka said that the Casino clubs were not necessary for Sri Lanka to promote tourism, as the country was blessed with natures gifts and a rich cultural, historical and religious heritage.

He said that the countries, which did not have much to offer to visitors, focused on entertainment tourism. They licensed casinos, massage parlours and brothels.
The country could promote cultural tourism because we have cities such as Anuradhapura and Polonnaruwa which have a unique historical, cultural and religious background, Ranawaka said. Some people seem to believe that we have to sacrifice moral values to promote tourism.

The JHU General Secretary added that the country could also promote ecotourism as it had scenic beauty and landscapes that were unique and climatic conditions that were diverse.

Ravi accuses govt. of trying to keep economy afloat on casinos, taverns

 

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By Ravi Ladduwahetty
Colombo District UNP Parliamentarian Ravi Karunanayake charged yesterday that the government was trying to run the economy on casinos, taverns and brothers with the national economy in an absolute perilous state and moving without direction.

This is the new CTB of the government. It is casinos, taverns and brothels and that is the way the government is running the open economy, despite all its cries of Mathata Thitha. Surveys have revealed that more and more women were taking to alcohol, Karunanayake said.

The government has legalized the import of ethanol, which is a raw material for the production of alcohol, he said. The public debt is Rs. 7,251 billion and small and medium scale enterprises are going out of business with over 25 per cent of them already closed down. The national revenue, as a percentage of GDP, has declined by 11.5 per cent and a further Rs. 9 to 10 billion is needed to finance the Balance of Payments, Karunanayake said, adding that due to the much hyped hedging deals, the government was now saddled with the liability of another USD 60 million to Standard Chartered Bank, while the major power projects such as Norochcholai and Kerawalapitiya, had failed to bring down the cost of power generation.

All the major infrastructure projects of the government had become white elephants, MP Karunanayake said.

A Tamil Spring?




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A new generation of college students in Tamil Nadu has taken up the cause of the Tamils of Sri Lanka. Articulate, wellinformed and uncontaminated by the influence of time-serving politicians they have successfully forced an agenda on the three main political parties in the state.
M S S Pandian (mathiaspandian57@gmail.com) teaches at the Centre for Historical Studies, Jawaharlal Nehru University, New Delhi. Kalaiyarasan A is a PhD scholar at the Centre for Studies in Regional Development in the same university.
And why not? It is better than never. The spark has grown into a flame and we add fuel believing that it burns till the light of equal rights reaches the long deprived and oppressed people
– Lalith Raja, senior system engineer,
Infosys, Chennai, in NDTV Blog.
The spark which has ignited the students’ rage in Tamil Nadu against the United States-sponsored United Nations Human Rights Council (UNHRC) resolution on Sri Lanka and India’s eventual support to it began in one of the most unlikely places, the Loyola College at Chennai. The academic excellence of the college, most believe, is a result of its depoliticised student body. Shattering the myth convincingly, on 8 March, eight young students from the college – Dileepan (18), Britto (20), Anthony George (20), Ramesh alias Paarvai Dasan (20), Paul Kenneth (20), Manikandan (19), Shanmugapriyan (19), and Leo Stalin (20) – went on an indefinite hunger strike demanding the implementation of a seven-point charter.
The charter demanded, among other things, a proactive role by the union government for an independent probe into the war crimes committed by the Sri Lankan army at the end of Eelam war in 2009, a referendum on the demand for an independent Tamil state of Eelam and the imposition of economic sanctions on Sri Lanka. As if to “humour” P Chidambaram, the union finance minister who happens to be an alumnus of the college, the students promised a non-cooperation movement mobilising the people of Tamil Nadu not to pay taxes to the union government. Smelling a political opportunity, politicians – including those from the Dravida Munnetra Kazhagam (DMK) and the Congress whose direct and indirect complicity in the Sri Lankan war crimes needs no mention – made a beeline to the venue of the fast. But for K V Thangabalu, the former TNCC president, who was heckled with anti-Congress slogans, most of them were politely welcomed; yet their overtures were unrequited. The students’ resolve was to keep their protest unsullied by time-serving politicians.
In a midnight operation, reminiscent of the All India Anna Dravida Munnetra Kazhagam (AIADMK) government’s past style, the Tamil Nadu state police broke the fast on its fourth day. For them, four days were more than enough. Not only did the fasting students receive support from students from other colleges, but it also triggered and galvanised a state-wide students’ protest against the UNHRC resolution. Thousands of them from arts and sciences as well as engineering and medical colleges took to the streets in different parts of the state, small towns were no exception. The protest in which young men and women participated in equal strength took varied forms – posters and pamphlets, hunger strikes, processions, human-chains, effigy-burning, rail and road rokos, and siege of central government offices.
Significantly, schoolchildren, accompanied by their teachers and carrying pictures of the 12-year-old Balachandran, who was shot dead in captivity during the Eelam war, too conducted their own protest marches. Parents and teachers, sharing the students’ concerns, tacitly endorsed their action. After all, three senior staff of the Loyola College kept vigil at the venue where the students fasted.
The fringe could not hold out for long. They soon joined the mainstream. Sixty-nine students from IIT-Madras, a campus where the only authorised political activity hitherto has been protesting against caste-based reservation a la the Youth for Equality and P V Indiresan, expressed their solidarity with the sentiments on the streets by observing a day-long hunger strike. About 40 of the students who sat in fast were from north India; and Som Prakash Singh, an MLA from Bihar, addressed the students. Posters giving details of the Sri Lankan conflict and its consequences for the Island Tamils adorned the campus. They were in seven languages, including Tulu. The IIT-M administration did not disapprove of the protest. Also, the IT professionals working in some of the IT majors conducted a human chain protest along Chennai’s IT-corridor. No less than 150 IT professionals took on themselves the task of distributing pamphlets on Sri Lankan war crimes to the suburban train passengers. They sought the passengers’ support for the student movement.
New Political Literacy
A slice of Tamil Nadu’s past may not be out of place here. In 1939, C Rajagopalachari, the premier of the Madras Presidency, ridiculed on the floor of the Madras Legislative Council the first anti-Hindi martyr L Nadarajan, who died in prison: “It was due to his illiteracy that he picketed and it was due to his picketing that he happened to be in jail, but his illness was certainly due to other causes”. The Congressmen did not miss Rajagopalachari’s gruesome humour about a dead man; and they laughed. Similarly, referring to the 1965 anti-Hindi agitation in Tamil Nadu, T N Seshan once observed, “Mobs of illiterate and semi-literate Tamil people, mostly poor, lapsed into fits of fury in the cause of so remote a language, English.” It is no longer a story of illiterate and semi-literate mobs. Things have indeed changed – perhaps because of decades of reservation for the underprivileged in educational institutions. The national media which played blind about the protest woke to the reality, though fleetingly, when the students of IIT and IT professional joined the agitation.
At the peak of the agitation, over two lakh students were on the streets.
The symbolisms which accompanied the agitation are important. The flag of the LTTE and pictures of the slain LTTE leader, Velupillai Pirabhakaran, had a constant presence in the students’ agitation. Yet, this was not a call to arms but an act of clinging on to a memory of the Island Tamils’ decades-long struggle against the Sri Lankan majoritarian state. The students’ demand was to conduct a referendum among the Island Tamils and the Tamil diaspora on the question of Eelam. It may be remembered here that it was the moderate Tamil United Liberation Front (TULF), under the leadership of Appapillai Amirthalingam, which sought a mandate for a separate Tamil state by means of a vote during the 1977 Sri Lankan general election. In addition, the flag of the LTTE, an organisation banned by the central government, asserted the students’ defiance against the Indian state and the Congress Party.
It is not the pictures of Pirabhakaran but the poignant images of Balachandran before and after his killing were the ones which mobilised the students, children, and indeed the wider public. Also, the black shirt, a polyvalent symbol of Tamils’ degradation introduced by Periyar E V Ramsamy among his cadres during the days of the Self-Respect Movement, was ubiquitous in student protests. The newness of the protest did not, thus, abandon all past inheritances.
New Leadership
Significantly, the students’ agitation has thrown up a new young leadership, men and women, in Tamil Nadu. Listening to Shanmugapriyan alias Chembian of the Loyola College or Divya of the Dr Ambedkar Law College (the erstwhile Madras Law College) in television talk clearly shows that here is a new generation of Tamils which is imagining new political futures. Self-assured, articulate and well-informed, they could rattle ill-informed TV anchors without batting an eyelid and confidently talk of Geneva convention and Article 370 of the Indian Constitution. Their understanding of politics too is complex. For instance, they are deeply aware of the politics that the media has played and continues to play. A large flex banner which was used in one of the demonstrations read, “Genocide of Tamils in Sri Lanka. The Official Media Partner: The Hindu”. Indeed, a brilliant summary of the newspaper’s shameless role in defending the Mahinda Rajapaksa’s genocidal regime. The students’ agitation is slowly acquiring organisational structures. One among them, Tamileelam Viduthalai Manavargal Iyakkam (Students Federation for Free Eelam), works on the basis of collective leadership, student teams, and a think tank.
If the DMK chief M Karunanidhi, whose contribution to stop the civilian deaths during the last phase of the war in Sri Lanka in 2009 was a four-hour farce on the sands of Marina Beach which he and his party calls a protest fast, had to leave the United Progressive Alliance (UPA), he had no other option. As the DMK MP and the party’s official spokesperson T K S Elangovan confessed, “The atmosphere in Tamil Nadu is too charged. It is a burning issue. We can’t afford to be isolated.” It is not the DMK which reduced the UPA to a minority, but the credit for that should go to the protesting students of Tamil Nadu. If the Tamil Nadu chief minister and the leader of the AIADMK, J Jayalalithaa, who earlier described the civilian deaths in the Eelam war as unavoidable collateral damage, had to endorse all the demands of the student agitators in the form of a state assembly resolution, she too did not have any other option. Political parties no longer lead but are being led – at least for the moment.
If the Congress nurtured hopes of a political future in Tamil Nadu, it is no doubt bleak. The fear and frustration of the party functionaries in Tamil Nadu is all too evident. The spectres of 1967 when student campaigners ensured the defeat of the Congress stalwart K Kamaraj and reduced the party to irrelevance in the state might be haunting them. The senior Congress leader E V K S Ilangovan, facing the cameras in the studio of Puthiya Thalaimurai (New Generation), a new Tamil television channel which takes up issues ignored by the mainstream media, accused the channel of being a front for the LTTE and threatened CBI raids on the channel. Elsewhere, he has declared that the Congress would bring out short films and posters explaining its contribution to the Island Tamils’ cause during the past five years. Going by the social media postings, the new generation of Tamils hope – of course, in jest – that these will include the Congress contribution to the war crimes in Sri Lanka too.

'Media in the land is governed by one person' - Lasantha Ruhunuge

BY KITHSIRI WIJESINGHE-12 APRIL 2013

When the Sri Lankan government wanted to give away free laptops to journalists, many seemed happy. But Lasantha Ruhunuge differed. As the president of the largest media trade union in the island - Sri Lanka Working Journalists Association - he had overwhelming reasons to do so.
'What we need is not free laptops, but freedom to write and justice' he wrote to the media ministry.
'Tell us who killed our colleagues. Bring the perpetrators to book. That can strengthen us, but free laptops cannot.'
The consequences could have been deadly. But he prefers to shrug them off. "When you know that you cannot write without risking your life, it's important to stick to your principles' he says.
"For me, it was simply a matter of principles."
As the news editor of the Sinhala weekly 'Ravaya', he keeps trying to push the boundaries. But heading a prominent journalists union can still be more challenging in a country where scores of media workers are killed with impunity.
Lasantha spoke to JDS on media freedom, right to dissent and the state of democracy in Sri Lanka.
The excerpts from the interview, follow:
A deficiency of critical media discourse seems to be convention in Sri Lanka. What are the features that enable this apparent silence and co-operation of mass media whilst the state carries on with undemocratic and oppressive policies?
I believe that two main factors have affected Sri lanka’s media society with regard to this situation.
One is the policy of repressing media practiced by the government. It has led to journalists been conditioned to carry on with their media practice without being critical or challenging state activity. Accordingly, Sri Lankan media are maintained merely as business houses only.
The other is business networks loyal to President Rajapaksa and quite intimate with the government acquiring and operating media institutions. Some mainstream media institutions are owned by ruling party parliamentarians and ministers. The ownership of several other media in receipt of outlets is held by heads of state establishments. Some editors have been appointed as government advisors.
In this context we cannot anticipate an independent and critical media culture. In media outlets operated by those loyal to the president and the government as well as those in receipt of government privileges, some journalists are forced to be pen pushers against their will in order to save their life and livelihood.
Identifying a single media institution that either questions, challenges or is critical about government action, is almost impossible.  It is evident that many media institutions and journalist conduct their activity in compromise and keeping out of conflict with the government. Some compete to be in the good books of powers to be. This is a travesty as well as a saddening situation.
So, the majority of journalists indulging in a media practice in compromise with the regime, is it due to institutional restraints or a tradition of cooperation that has become the hegemonic convention within the society?
It is true that the government keeps a band of obedient journalists by bestowing paybacks upon them. However, it needs to be mentioned that there is another facet that has not caught attention. A journalist in Sri Lanka is a professional with no workers’ rights. Even in relation to SAARC standards, we are at the bottom on rights. Many journalists do not receive a wage that befits their work. Whatever the danger faced in the line of duty, there is no liability insurance. Welfare facilities are almost non-existent. A majority of media outlets do not provide the equipment necessary for coverage. These conditions easily pave the way for the government to poach on many journalists. It is mainly by providing an assorted range of incentives.
There is no established procedure in Sri Lanka to recruit journalists or promote them to editorial boards. Mostly, these happen either on personal affiliations or on loyalty to the ruling party. My personal opinion is that to say journalists speak to uphold people’s rights, is a myth while they themselves do not stand for the right of their profession or freedom.
In no other country has the government media accreditation identity card become the main tool of journalism. But, in Sri Lanka the situation is totally different. No media institution provides their journalists with an official press accreditation card. In its place, journalists are forced to obtain the government media accreditation card. This has led to a state where the government media accreditation card has become the main criteria to identify a journalist in Sri Lanka. The country’s mass media has arrived at a juncture where it questions a journalist’s reputation on the basis of a government credential.
It is true that those involved in journalism in Sri Lanka are only a group of titular reporters, not proper investigative journalists. Today, the country has neither a pack of scribes who investigate, question the actions of powers that be and reveal it to the people, nor such practice.
Of course, there are a handful of journalists who endeavour to alter this sorry situation. Yet, they have to engage in a struggle that is massive as well as dreadful. On the one hand they have to face the repressive environment set up by the government through numerous laws and regulations in addition to violence. On the other, it is the constraints imposed by the pro-government stance of media institutes and their owners.
Isn’t it possible to transform this situation by the active intervention of media workers’ organisations?
Many members of media organisations in Sri Lanka also do not take any attempt to change this situation. Especially, a majority of journalists and their organisations in the country have not identified the importance of engaging in a media practice that falls in line with international standards and regulations. They are opposed to quality journalism. The reason they indicate is the fear to be in the bad books of the rulers. In addition they fear that such journalism would lead to unnecessary friction and retaliations. That is why the membership of the International Federation of Journalists (IFJ) has fallen to the hands of those in Sri Lanka who are distanced from the media field. This is not only a disaster but also a state where we need to be ashamed of ourselves.
My belief is that those who were at the helm of the media field as well as those who led media organisations have to answer for this deterioration. We are aware of how they responded in crucial moments in history, when efforts were initiated for change. Actually, in terrifying circumstances we got along as if nothing has ever happened. In some occasions, we simply confined ourselves to protest demonstrations.
The editor of a mainstream journal was killed in broad daylight. Did the newspaper editors in Sri Lanka have the guts to stop their publications for one day? Has the media ever been able to stage a protest in unison? Why? Because we are not properly organised. Media bosses only welcome those who can be kept under their control. Those who criticise their political ideology and the ruling party are kicked out. In recent times, how many editors, editorial board members were thrown out within hours? Who is opposed to changing this situation? Many are looking forward not to be part of a collective struggle against this tyranny, but to jump to the seat vacated by the colleague who was kicked out.
Isn’t it right to say that those quick to take the initiative of branding those who bring to light issues about human rights and media freedom in Sri Lanka , as traitors, are mainly journalists themselves?
I agree that this is an argument that cannot be easily brushed aside. Nevertheless, as stated earlier, one would have to accept the reality of media ownership in Sri Lanka. Today, the media in the land is governed by one person alone. No news item that goes against his politics is given any space. Therefore, journalists in those institutes are able to do only one duty: To earn their livelihood in a manner that would help save their lives. That is why journalists within and without the country who question government deeds are named as traitors, in addition to the spreading of a doctrine that calls not only for the annihilation of those journalists, but also their loved ones. It is true that this handful of journalists is posing a challenge to the government.  That has led to the government carrying on a vicious campaign with falsified statements and cries for their destruction.
In addition, we are aware that the government has ushered in a number of oppressive laws in order to rob us of the right to information. Sri Lanka is a land where the accurate information is percieved as a crime. So called representatives of the people sitting in parliament defeated the bill on Right to Information with no qualms. Information was censored in a massive scale with the assistance of draconic legislation including the Prevention of Terrorism Act (PTA) and Emergency Regulations (ER). These are not seen as problems by a nation dazed by the delusion of Sinhala patriotism.
During the the 80s and 90s, Journals identified as the alternative stream came into existence as a response against extreme and destructive realities. Can we today detect any evidence of them losing their alternate content?
The alternative media practice we witnessed in the 80s and 90s is not a pragmatic thing anymore. Not a single media outlet remains committed to a peoples ideology. Each media institution has its own power strategy.  Journalists are confined to staying away from getting into dispute with the government and writing feature articles that only carry humour without substance. Instead of questioning the anti-democratic and dictatorial nature of the government, Sri Lanka's media and journalists are reduced to safeguarding advertisement revenue and basking in the glory of sitting for a tea party thrown by the ruling elite as an honour.
In the 80s and 90s the alternative media and a group of such journalists emerge from this soil as an outcome of the massive social catastrophe and its resistance. Today what we see is the turning of a blind eye to the colossal social catastrophe and justifying it while proiding ample space to boastful rhetoric by the ruling elite. However, we have a glint of hope. It is the web sites that perform a role, to a certain extent, that was carried out as an alternative stream. With all their shortcomings, it is a creditable role.
In reporting politically controversial news, do you see a significant distinction between state governed media and those owned by corporates?
The primary practice of media owned by corporate business is to market social disasters. It doesn’t involve any discussion with quality or substance. They do not honour any acceptable norm in journalism. Nonetheless, they are silent about crimes and human rights violations committed by the political authority. The credibility and standard of both the state and corporate owned media is almost non-existent in the sphere of reportage and investigative journalism. It is a waste of time to even talk about quality in state owned media.
In the 80s and the early 90s alternative journals thought to have a clout, came in to being bearing the responsibility of revealing the human rights violations faced by the Sinhala society. But, weren’t the same journals aiding and abetting the atrocities committed in the Tamil dominated areas?
My view is that a majority of those identified as journalists haven’t have fulfilled the basics to serve in that role. An authentic journalist should have the spirit and determination to report and investigate crises and discriminations faced by all nationalities and to question the government on such matters.
What is your view on the attitude of Colombo centric Sinhala and English media concerning difficulties and repression that Tamil journalists have to suffer?
My earlier opinion is valid for some Tamil journalists as well as the Sinhalese. Having said that, it is important to note that there are many predicaments that are is unique to Tamil journalists. We need to acknowledge that. This is solely due to the fact that they are Tamil. Being a Tamil itself is enough to be a target of state oppression. In reporting a story, a place that can be freely covered by a Sinhalese could be out of bounds to a Tamil journalist. We need to keep in mind that the majority of journalists who were subject to violence throughout the recent past are Tamils. Therefore, it should be emphasised that the restriction on news coverage is also based on nationality.

Names Of 135 Lawyers Has Been Referred To NIB And SIS By Rajapaksa – Asian Jurists

By Colombo Telegraph -April 12, 2013 
Colombo Telegraph“The recent impeachment of the Chief Justice, Dr. Shirani Bandaranayake, without adhering to universally accepted norms relating to removal of a judge from a superior court, is glaring manifestation of the capacity and the will of the executive to crush the independence of the judiciary” say Jurists from 12 Asian countries.
Lawyers after protest against the impeachment
“The removal of the Chief Justice is undeniably a political act, carried out to achieve political ambitions of the government, at the risk of seriously damaging the over 200-year-old institution in Sri Lanka, its judiciary. The damage done by this abrupt and ruthless assault on the independence of judiciary will have lasting impact upon the independence of the judges as well as on the rule of law in Sri Lanka.” they further say.
The statement is issued by the jurists who attended a consultation organised by the Lawyers’ Collective of Sri Lanka and the Asian Human Rights Commission, on the Independence of Judges and Lawyers in Asia, held from 9-11 April 2013, in Bangkok, Thailand. Jurists from 12 Asian countries, Sri Lanka, India, Bangladesh, Burma, Pakistan, Nepal, Indonesia, Thailand, Philippines, Vietnam, South Korea and Hong Kong attended the meeting.
We publish below the statement in full;
We are seriously alarmed by the rapid collapse of the rule of law in Sri Lanka and the loss of the core values of the separation of powers; the supremacy of law; the independence of judges, prosecutors and lawyers; and the diminishing possibilities of fair trial and of democracy, due to the extension of unbridled powers of the executive presidential system that has crippled all public institutions in Sri Lanka. The recent impeachment of the Chief Justice, Dr. Shirani Bandaranayake, without adhering to universally accepted norms relating to removal of a judge from a superior court, is glaring manifestation of the capacity and the will of the executive to crush the independence of the judiciary.
The failure to afford a fair inquiry by an impartial body on the allegations levelled against the Chief Justice, clearly underlines the absence of bona fides on the part of the government. The removal of the Chief Justice is undeniably a political act, carried out to achieve political ambitions of the government, at the risk of seriously damaging the over 200-year-old institution in Sri Lanka, its judiciary. The damage done by this abrupt and ruthless assault on the independence of judiciary will have lasting impact upon the independence of the judges as well as on the rule of law in Sri Lanka.
The impeachment of the Chief Justice is followed by the appointment of, Mr. Mohan Pieris, a person whose close association with the president‘s family and businesses is quite well known. No universally accepted independent and transparent processes were adhered to in the appointment process. Pieris’ past record as the Attorney General of Sri Lanka is tainted with serious allegations of political bias and lack of independence in office. While at the office of the Attorney General, Pieris failed to uphold the norms and standards upon which the tradition of the department of the Attorney General is built. Many of his decisions as the Attorney General had come under severe public criticism. Pieris represented the Government of Sri Lanka in international forums, only to throw the weight of his office to defend the appalling human rights record of Sri Lanka that came under repeated international criticism for years, due to manifold forms of serious abuses of human rights.
The crisis of the Sri Lankan judicial system as a whole, is the result of a prolonged constitutional crisis, beginning with the misconceived notion of the supremacy of the parliament as opposed to the supremacy of law. By way of constitutional changes through the 1978 Constitution, fundamental notions of the rule of law and democracy has been displaced in favour of the absolute and arbitrary power of the executive president. The president is above the law and is able to change any aspect of the constitution without public consultation, by mere manipulation of parliamentary majority. The Sri Lankan parliament under the present system is completely under the clutches of the executive president. The parliament has ceased to become a forum, where the legislature is subject to parliamentary debate, and instead has become a place where presidential directives are thumb printed. In the same manner, the ‘absolute power model’ enshrined in the constitution undermines judicial independence.
Sri Lanka has constitutionally rejected the rule of law and democracy. Therefore, there is a fundamental constitutional crisis of legitimacy in the country that has crippled the very structure of the state and that of governance. This situation is incompatible with the fundamental notions of democracy and the core values enshrined in the Latimer House Principles of the Commonwealth.
The crisis of democracy and that of the rule of law, adversely affects all the rights of the citizens. The courts are no longer in a position to protect the dignity and the rights of the individual. The courts are placed in conditions at which they are compelled to defend the state at whatever risk of repression that may be caused to the rights of individuals, including the property rights of the citizens.
The crisis of the rule of law has understandably led to a paralysis of the criminal justice system in Sri Lanka. The Sri Lankan policing system is highly politicised and therefore is failing to be an effective mechanism for investigation and prevention of crime. Across the country, there are large numbers of complaints regarding the failure of the police to investigate even serious crimes. The loss of protection for property and person from crimes is one of the major problems facing the citizens of Sri Lanka today.
Among the crimes that are never investigated includes serious human rights abuses. Enforced disappearances, extra judicial executions, torture and illtreatment, crimes relating to personal integrity as well as those involving private and public property are neglected and a culture of impunity is prevailing. Attacks on judges and lawyers and upon the media are not investigated. The government is not embarrassed to face criticism relating to encouragement of impunity in the country. The government is in fact making all efforts to create the false impression that no amount of pressure will lead to any from of credible investigations into human rights abuses in Sri Lanka.
Under these conditions, the role played by the judiciary is been diminished along with serious negations of the professional freedom of lawyers to undertake their job. Lawyers who approach their profession seriously and pursue the interest of their clients according to the law and insist on redress for the grievances of their clients are exposed to serious dangers.
The following is a non-exhaustive list of concerns, lawyers face in Sri Lanka. They include: threat of disenrollment; of contempt of court actions; attempted abduction; absence of investigations on complaints; fabricated criminal charges; arrest and custodial torture; close surveillance by state agencies by breaching privacy and privilege of communications (the names of 135 lawyers in Sri Lanka has been referred by the executive to the National Intelligence Bureau and the State Intelligence Service); lawyers who are employed in state as well as private sectors restricted from exercising professional freedom; organised vilification campaigns by state and non-state actors; intimidation of judges by transferring them repeatedly or promoting judges tainted with corruption overlooking seniority. Lawyers who dare to challenge this smothering of professional freedom risk the loss of practice and income.
Challenging the stifling of independence of judges and lawyers in Sri Lanka, we express our solidarity to the people of Sri Lanka, upon whom the task has fallen, to struggle to protect the rule of law and democracy in Sri Lanka. It is in the struggle of the people of Sri Lanka that the future of their liberty entirely rests.
Under these circumstances, the denial of active support to the people of Sri Lanka would amount to complacence on the part of the international community. We call upon the international community, including the United Nations, to act on the basis of their obligation under international law, to extend active solidarity to the people of Sri Lanka. It is the duty of the United Nations to act within their mandate and in terms of the recently passed resolution on Sri Lanka concerning reconciliation and accountability, to act firmly, so as not to allow the present crisis to degenerate further. It is also the duty of all the member states to support the United Nations in this endeavour.
In this context, we endorse the call by the International Bar Association to the Commonwealth to: “… assess the seriousness of the situation with which the Sri Lankan authorities take the recommendations, monitor the urgency with which they are acted upon, and consider with great care:
(i) whether they are respecting its core values and principle, including the respect for separation of powers, the rule of law, good governance and human rights enshrined in its Charter;
(ii) whether the Commonwealth’s reputation would be more enhanced or tarnished if Sri Lanka were to host the forthcoming Commonwealth Heads of Government Meeting and act as its Chair-in-Office for the next two years.”

UNP exposes the “Contravening Bank”!

  • CB contracts TAG at Rs. 100 m to expand cooperation with US
  • Harsha says Central Bank contracted firm made false declarations in US Govt. forms
  • Contracted firm claims Central Bank is not owned by Government
  • Disclosure in Foreign Agent Regulation Act forms refer to constitutional council that was abolished in 2010
  • TAG to arrange two US Congressional delegation visits to SL ahead of UNHRC 2014
By Dharisha Bastians-April 12, 2013 
A Washington-based advocacy and strategy group hired by the Central Bank of Sri Lanka has provided false declarations in a US Government form regarding the ownership and supervision of the country’s monetary authority, Opposition lawmakers charged yesterday.
UNP National List Parliamentarian and Economist Dr. Harsha De Silva said the Thompson Advisory Group that was hired by the Central Bank last month to expand trade and political relations with the US had claimed in its Foreign Agent Regulation Act, that the Central Bank of Sri Lanka is not owned, supervised, controlled, directed financed by or subsidised by a foreign Government. TAG has ticked no to all those questions posed in the FARA form. FARA is a US law of disclosure requiring US individuals and companies acting as agents of foreign principals to make periodic public disclosures of their relationship with the foreign principal.  
“The Central Bank is a subject under the Ministry of Finance. The Ministry of Finance is the Government of Sri Lanka,” the MP said, adding that it was incredulous that this false information had been declared.
De Silva says that according to the declaration made by TAG, the Monetary Board governing the Central Bank is conferred corporate status and consists of five members appointed by the President on the approval of the Constitutional Council, a body that no longer exists under Sri Lankan law.
According to the TAG’s FARA declaration: “The Monetary Board of the Central Bank consists of five members. The Governor and three non-executive members are appointed by the President on the recommendation of the Minister of Finance and with the approval of the Constitutional Council. The Secretary of the Ministry of Finance is the fifth board member (ex-officio).”
The UNP legislator said the constitutional provisions referred to in the FARA declaration, which made the Central Bank an independent entity was repealed by the Mahinda Rajapaksa Government in 2010.
“The Constitutional Council was abolished in September 2010, when the 18th Amendment repealed the provisions of the 17th Amendment that set up the Council. Sri Lanka has no Constitutional Council today. In fact, under the 18th Amendment, the President makes appointments and those appointments are referred to the toothless Parliamentary Council that has never been properly constituted,” De Silva charged.
The UNP MP asserted that in the current context, the Central Bank was completely controlled by the President. “Look at this 1,000 rupee note. It was printed a few weeks prior to the 2010 presidential election and features a picture from Mahinda Rajapaksa’s election posters. So how is this not a Government entity?” he explained.
De Silva said that the scope of the contractual arrangement between the Central Bank and TAG was also befuddling because it listed under political activities undertaken by the US firm on behalf of the Central Bank to include expanding cooperation between the governments of Sri Lanka and the US even in the areas of national security. “Under which section of the Monetary Law is the Sri Lankan Central Bank vested with power to deal in matters of national security?” De Silva queried.
The Central Bank signed a contract on 16 March with Chairman of the Thompson Advisory Group Robert J. Thompson to enhance communication with key stakeholders in the US Government, promote Sri Lanka-friendly messaging and attract a higher volume of private sector investment from the USA.
De Silva said the CBSL-TAG deal was part of the Sri Lankan Government’s twisted foreign policy that denigrates the US and the West domestically while spending hundreds of millions to build its image and broaden its relations with the US Government in secret. “This Government’s foreign policy is a basket case. It’s like ‘dawal migel and ra daniel,’” he charged.
The contract signed on behalf of the Central Bank of Sri Lanka by Deputy Governor B.D.W.A. Silva is valued at Rs. 100 million or US$ 800,000 with Rs. 8,337,000 to be paid monthly to TAG up to the duration of March 2014.
Under the terms of the contract, TAG has declared under US law that the contract with the Sri Lankan Central Bank was aimed at educating US investors about investment and trade opportunities in Sri Lanka, educating decision makers in the US Congress and the Executive Branch and opinion leaders at think tanks, media outlets, and in academia.
TAG declares it will perform these tasks through “personal contact and through the development and dissemination of informational materials such as; factsheets, white papers, and op-eds”. This will also involve visits by Sri Lankan leaders to the US and visits by US Government and private sector officials to Sri Lanka. TAG has promised to deliver two visits by Congressional Delegations ahead of March 2014, when the UN Human Rights Council Sessions get underway in Geneva.