2,388 Acres of Forest Land in Mannar,Mullautheevu and Vavuniya Districts Being Cleared for Displaced Muslims and Extended Families Returning to North

Counter claims- By Dilrukshi Handunnetti-2013-04-21 The much-opposed recent move to acquire forestland in three districts in the Northern Province for distribution among Muslim returnees and their extended families is now in full swing, with a total of 2,388 acres of prime forestland already for this purpose. While local people and environmentalists continue to protest the land acquisition move – critiqued as a land distribution initiative on the basis of ethnicity by some – the government has strongly defended the action as one that seeks to correct a historical injustice committed against the many-times evicted Muslims of the North. As things stand, a total of 2,388 acres in the Mannar, Mullaitivu and Vavuniya Districts are to be utilized for this purpose. Approximately, 1,080 acres in Mannar, 983 in Mullaitivu and 325 in Vavuniya Districts will be covered by this initiative. Exactly a month ago, it was revealed Minister of Industry and Commerce, Rishad Bathiudeen, set out to acquire more prime forestland, not only for the Muslim returnees but for their immediate families, an initiative that drew the ire of so many, including Tamils, who allege their historical lands as well as agricultural land would now be distributed among Muslims, who they claim, did not live in the North and were now seeking new homes. On the other hand, Bathiudeen demands whether the right to return is available only to one community, but not all three, including the evicted Sinhalese. According to the local people, under the guise of a resettlement drive, it is a move to clear forest lands to settle not just the displaced but also not displaced. 2,000 acres already released With over 2,000 acres already released from Mannar, Mullaitivu and Vavuniya Districts for the resettlement of Muslim IDPs, the request for more land, that too in the forest areas, is causing serious concern. “What is unfair is that these are not necessarily for displaced persons, but for their extended families. Sorry, but it is going to be a special colony, and done with the government’s blessings,” officials, who explained the land distribution drive from the perspectives of the Department of Forest Conservation and the Department of Wildlife Conservation, told Ceylon Today. According to forest officials, some of the lands now identified for distribution, they fear, are not cleared of the landmine threat. As for the people of the area, it is a move to alter the demographics in the North. “Minister Bathiudeen has identified the lands as previously owned by the evicted Muslims. That’s not possible. Forest land belongs to the State and cannot be private property. The forest here will soon be plundered by the new settlers, who are here to create another ethnic conflict,” angry villagers claim. It is learnt that despite the Presidential Task Force (PTF) offering its blessings (read inset below), land officials have rejected the request on the basis that there was a Cabinet decision to halt all land distribution in the North and East. According to the statement issued on behalf of the PTF, there is Cabinet approval signified for the release of forest land as required for Muslim IDP resettlement. The beneficiaries According to insiders, when a request was made through the Divisional Secretary of the Muhudubadapattuwa to the Director General of the Forest Department on 25 January 2012, copied to Commissioner General of Lands, R.P.R. Rajapaksa, the DS was required to submit the list of names of potential beneficiaries. It has not been submitted yet, sources confirmed. According to land officials, besides the requisition of forest land, Bathiudeen has also required the release of another 400-450 acres of land from another part in the Mannar District, on the basis the area was a Muslim colony, prior to the outbreak of war. In a letter dated 23 February 2012 Additional Secretary (Lands), S.D.A.B. Boralessa, addressed to Commissioner General of Lands, informed that there was relative confusion with regard to the request made by the DS Muhudubadapattuwa to resettle 1,455 Muslim families in forestlands, citing the Cabinet decision that temporarily brought to a halt, all State land alienations in the North and East. R.P.R. Rajapaksa, Commissioner General of Lands, has also sought to draw attention to the fact whether the land distribution by the District Secretary was in accordance with the 2008/4 Circular, requiring the submission of a report clarifying the same.(See Land Commissioner General’s Letter) “When the DS requested for more lands at a time when most of the IDPs have been resettled, it is required to verify as to whether the District Secretary has distributed lands against the 2008/ 4 Circular,” it stated. Required procedure When contacted by Ceylon Today, Commissioner General Rajapaksa said, lands would not be released for whatever reason unless the required procedure was followed. “It is not possible to alienate these lands unless proper procedures are followed. The District Secretary of Muhudubadapattuwa wrote to us, requesting the release of 850 acres to resettle 1,455 Muslim families. We have instructed him to send us the list of names of the beneficiaries. But so far, he has failed to send the list,” he said, adding that “providing for the next generation was not his concern as the lands were to be released only for those who were truly displaced by the war.” On a similar note, a defiant Director General of Forest Department, K.P. Ariyadasa added, unless the required guidelines are followed, forestlands too would not be given for any resettlement. He added, instructions have already been issued to the District Secretary, Mannar, not to release any forest lands to resettle any person without due observance of the regulations in place. According to Minister Bathiudeen, at no time had he made any remarks about challenging the presence of Tamils for the right to a politically predominant role by the Tamils in the Northern Province. “Such statements damage a process that is introduced to resettle people, who have been affected by the war for nearly 30 years. None of the Muslims have had a chance to be resettled in their village of origin. I want to know whether it is incorrect to insist on the same right to resettlement. If there were other suitable lands, there would be no need to acquire land from forest areas. To return, Muslims have no lands. They lost the lands long ago,” he said. According to Bathiudeen, post-war, only 22,000 families (around 60,000 persons) were able to return home. Although sent back, they were not provided with any facilities for resettlement. As always, the Muslim IDPs were like a leftover issue,” he claimed. A forgotten people “Muslim returnees are on the roads and under the trees. That’s their returnee status. Can you disagree that they are a forgotten people? Can you deny their right to return, citing circulars and decisions of our past?” he queried. Meanwhile, environmentalists have come out strongly against the forest land alienation initiative on the basis of legality and prudence at a time when extreme weather conditions are affecting the country, which would be precipitated if more forest areas are cleared to create human settlements. According to environmental lawyer, Jagath Gunawardene, the current process was a violation of the Fauna and Flora Protection Ordinance. He also said that Mannar District, in particular, was home to many endemic and migratory birds and any move to relocate people in such areas would result in a number of adverse environmental impacts. Adding to the above, Hemantha Vithanage, Executive Director, Centre for Environmental Justice, said, there should be a sound balance between people and their environment. “The legalities are a serious concern. But beyond that, human activity should be responsible. This is why people find this move unacceptable. It is not a matter of denying the right to return or disliking a group of people on the basis of ethnicity,” he said. PTF defends Bathiudeen In a special statement issued recently, S.B. Divaratne, Secretary, Presidential Task Force on Resettlement, Development and Security of the Northern Province, sought to clear allegations against Minister Rishard Bathiudeen on the forestland acquisitions on the basis of ethnicity. It stated, when terrorism commenced in the Northern Province, there was frequent displacement of people. Post 2009, a vast welfare village was established, housing around 292,000 IDPs, comprising displaced Tamils. The Sinhalese and Muslims were displaced much earlier. A total of 142,000 families were resettled by 2012, including 117,017 Tamil families, 22,134 Muslim families and 4,913 Sinhala families. According to 1981 statistics, the displaced Muslims accounted for 4.6% of the total population of the North. The percentage in Jaffna and Kilinochchi Districts was 1.5% while in the Districts of Mullaitivu and Vavuniya, it was at 5%. In the Mannar District, it was 26.09%.  The evicted Muslims resettled in the Districts of Puttalam, Anuradhapura, Kurunegala and Colombo. According to the 1981 Population Census, the northern Muslim population was 50,831, out of which 27,717 were in Mannar. The United Nations Commissioner for Human Settlement reports the displaced northern Muslims to be 63,145. However, at the time of resettlement, the number of those registered with the Divisional Secretaries for resettlement was 65,531.  At present, the total number of Muslim IDPS who stayed in Puttalam only, amounts to 100,000. According to the Divisional Secretaries, the total number of Muslim families resettled in all five districts of the Northern Province is 22,134 by the end of July 2012, out of which 15,321 families had returned to the Mannar District. However, only 7,828 returnee families could permanently settle in their original places, while only 2,060 out of 2,744 families could do so in Mullaitivu District. The biggest impediment to the resettlement of Muslim IDPs, according to the statement, is the non-availability of lands, a key concern of the Lessons Learnt and Reconciliation Commission (LLRC), as well. Considering the landscape of the Mannar District, the plain mainland is unsuitable for human settlement, causing the populace to mostly live on the uplands. As the Tamils have now been resettled in the lands that were once available to Muslims to expand their villages, the Muslims are not in a position to expand their settlements. According to LLRC recommendations, the Presidential Task Force (PTF) now seeks to address the issue of lands for the resettlement of Muslims. Accordingly, the Ministry of Lands has again conducted studies on the specified lands and appointed a special committee to study such situations in other districts. It has been recommended to allocate 1,080 acres of land to 2,096 landless families in the Mannar District alone. Following the identification of lands, instructions had been issued to the Government Agents of Mullaitivu, Mannar and Vavuniya by the PTF, and formal applications for the release of the necessary lands are currently being addressed by the Director General of the Department of Wildlife Protection and Forest Conservation. Arrangements are underway to vest the forest lands so identified with the Divisional Secretaries. The Director General of Forest Conservation has been authorized to reject land distribution if such plots are situated within sanctuaries. Therefore, there is no reason for the 2,388 acres of land of the Forest reservation to be in peril. The circular of the Commissioner of Lands titled ‘Rapid Programme to Resolve the Problems Regarding the State Land in the Post Conflict Era’ dated 31 January 2013 has been released with Cabinet approval. The circular specifies the procedures to be followed in granting of lands – both to the landless persons and those who have lost their lands. While 95% of the Tamils displaced from the North have been resettled, 8,000 Muslim families and about 1,500 Sinhalese still remain to be resettled. The land distribution taken up in the (above) report is being implemented for the sole purpose of resettling the large population of landless displaced people. The basic criterion considered for the resettled persons to receive houses is that they live in their own lands. Though most of the Muslims had been living earlier in their own lands, due to the reasons that they were living away from their original abodes for a lengthy period of time, and the sudden expulsions, have resulted in the loss of legal documents in proof of their ownership and this injustice needs correction.

Rajapaksa Govt Begins To Feel The Heat

• Another setback for CHOGM in South Africa
• Govt setting the stage to bring back emergency

Monday, April 22, 2013

The Mahinda Rajapaksa government last week faced several setbacks locally and internationally.
The US government proposed a 20 percent aid cut to Sri Lanka and the Rajapaksa government came under pressure from the Muslim countries to act against the anti-Muslim campaign being carried out in the country.
Also, the Commonwealth lawyers passed a resolution at a conference in South Africa calling for the withdrawal of the Commonwealth Heads of Government Meeting (CHOGM) scheduled in Sri Lanka and Sri Lanka’s suspension from the Commonwealth.

Mahinda Rajapaksa, Prof. G. L. Peiris, Rauff Hakeem and Douglas Devananda

Amidst all these pressures, the Rajapaksa government was also faced with the criticism over the increase in attacks on the country’s media. The statements made by government spokespersons on the second attack within a few days on the Jaffna based Uthayan newspaper did not help the state’s image.
However, a delegation of resident heads of 15 Islamic countries in Sri Lanka, met with President Rajapaksa at the Temple Trees last week.
Diplomatic heads from Bangladesh, Iran, Iraq, Egypt, Indonesia, Kuwait, Malaysia, Maldives, Nigeria, Pakistan, Palestine, Turkey, the United Arab Emirates, Saudi Arabia and Qatar were present at the meeting.
According to the Government Information Department it was to discuss various matters of mutual interest pertaining to both domestic and international arenas.
The President had assured the delegation that the government would not tolerate anyone perpetrating acts to create communal or religious disharmony.
In usual fashion, Rajapaksa has said that if anyone has proof and evidence of such incidents, they should hand over that information, and action would be taken promptly.
It is learnt that Muslim countries are displeased with the silence maintained by the Rajapaksa government over the hate campaign being carried out by the Bodhu Bala Sena against the Muslim community.
The Muslim community fired the first salvo against the government during the recent visit of Pakistani Foreign Secretary Jalil Abbas Jilani.
Muslim politicians and other members of the community met with him prior to his meeting with the Defence Secretary and briefed him of the current situation in the country.
Pakistan is especially under pressure to address the plight of the Muslim community since it played a key role in securing the support of other Muslim nations for the Rajapaksa government when the second US sponsored resolution on Sri Lanka was taken up for a vote at the UN Human Rights Council (UNHRC) in Geneva.
Islamic nations that have been closely monitoring the situation in Sri Lanka had also asked Pakistan to intervene.
Following Jilani’s meeting with members of the Rajapaksa government, coincidentally, senior members of the Bodhu Bala Sena, Ven. Galagodatte Gnanasara Thero and Ven. Vitharandeniye Nanda Thero travelled overseas to the US to expand the organization amongst the international community.
The Bodhu Bala Sena is now focused on expanding its branch network within the country as well. Executive committee member of the organization, Dilantha Withanage has said that it would set up branches in Kalmunai in the East and Jaffna in the North.
However, the diplomatic heads of 15 Muslim nations had also expressed their serious concerns to the President.
They have pointed out the assitance provided by the Muslim countries to the Rajapaksa government.
In the backdrop of aid cuts from Western nations, the Rajapaksa government is well aware that it has to play its cards properly with the Muslim countries to avoid further isolation.

CHOGM heat

The Rajapaksa government also received a blow last week in the Commonwealth front as well.
A resolution on Sri Lanka was ratified at the 18th Commonwealth Law Conference in Cape Town, South Africa.
The Law Society of England and Wales called for the suspension of Sri Lanka from the Commonwealth.
It has announced its support for the high-level international resolution, which was ratified at the conference calling for resolute action against Sri Lanka following ‘repressive actions’.
The resolution was ratified at the conference by the Commonwealth Lawyers’ Association (CLA), the Commonwealth Legal Education Association (CLEA), and the Commonwealth Magistrates’ and Judges’ Association (CMJA).

According to the Law Society of England and Wales, the resolution includes, “a call upon the Members of the Commonwealth to place Sri Lanka on the agenda of the Commonwealth Ministerial Action Group meeting on 26 April 2013 and suspend it from the Councils of the Commonwealth; and a plea for the Members of the Commonwealth to reconsider the holding of the next Heads of Government Meeting in Sri Lanka.”

The resolution followed reports of serious breaches of the rule of law and judicial independence in Sri Lanka, including the controversial impeachment of Chief Justice Dr Shirani Bandaranayake in January 2013, the Law Society of England and Wales said in a press release.

Lucy Scott-Moncrieff, President of the Law Society of England and Wales has said, the Law Society adds its voice to those calling for the suspension of Sri Lanka from the Councils of the Commonwealth.

“When our shared values, including those respecting human rights and the rule of law, are under threat, we must act resolutely and hold firm,” she has said.

“We cannot sit back and watch as the independence of the Sri Lankan judiciary continues to be eroded. We cannot remain inactive as politicians fail to abide by court orders. We cannot look away as members of the legal profession face gross and persistent harassment. We remain committed to supporting those who do uphold the rule of law in Sri Lanka.”

The resolution would undoubtedly add more strength to the campaign carried out by some countries against the holding of the CHOGM summit in Sri Lanka this year.

Sri Lanka is already facing a problem in meeting the initially anticipated numbers for the summit in Colombo.
Hotel rooms that were earlier blocked to provide lodging for the CHOGM delegates are now being released due to the decline in numbers.

However, the CMAG meeting on April 26 would be crucial since the Rajapaksa government could seriously face a problem in holding the CHOGM summit this November.

Violence in the North

The Rajapaksa government amidst all these issues in the international for a is also coming close to the deadline set by the government on holding Northern Provincial Council elections in September 2013.

The government since last year has been saying it would hold elections to the North in September 2013. That has been the assurance given to India and even at the UNHRC in March.

Be that as it may, as the time gets closer, the Rajapaksa government has not shown any interest in discussing about Northern elections.
Instead the incidents that have been taking place in the North in the past few months are in fact deterrents to holding an election in the North.

There have so far been five attacks on the media in the North since January this year with the Uthayan newspaper owned by TNA MP E. Saravanapavan receiving the brunt of it.

Reports from Jaffna state that the situation in the North is getting worse with many areas being subjected to Sinhalization with many people from the South being resettled in the North.

According to opposition politicians, the government through attacks on the media and protests in the North is now setting the stage to re-introduce emergency regulations prior to the Northern Provincial Council elections.

“Once emergency regulations are in place, the government would be in a position to manipulate its way during the Northern Provincial Council elections,” a senior opposition parliamentarian said, adding that it is also an indication of how nervous the Rajapksa government is to face an election.

Jaffna University v Harvard University

by Gajalakshmi Paramasivam

( April 21, 2013, Melbourne, Sri Lanka Guardian) I write in response to the Sri Lanka Guardian article ‘Schooling in the US and Jaffna’ by Yovahn Y.R. Hoole

Young Mr. Hoole obviously does not feel for Jaffna as I do. My children who are older than Mr. Yovhan Hoole would not compare the two systems as this young man has. They would not because they have been groomed to respect other cultures on equal terms as their own. Our children primarily feel Australian but when amongst those who feel Sri Lankan – they do feel Sri Lankan. They therefore do not relate to (leave alone judge) one through the other. To me this is also a serious form of racial discrimination and coming from a son of Tamil parents – it is shameful. Conduct as an educated individual is far more important than the grades one gets. This comparison is like someone with a grade 8 qualification as the highest, being compared with Professor Hoole – the relative of this author. My father was only grade 8 qualified but he taught me to respect my elders and my teachers. Just this morning my dear friend Mrs. Parames Sivananthan said to me that she was grateful to her parents for teaching her and her sisters about Saint Yoga Swami’s sacred work and more importantly to have faith in Swami and God. I then said to Parames that I was ever so grateful to my father who had faith in Yoga Swami. It’s through my parents that I had the opportunity to develop faith in Yoga Swami. Yoga Swami is considered guru by many of us and yet he did not qualify highly through the official system of education. His work is such that it leads us to realize the divinity within us. No education system is higher than one that leads us to the Truth.

I now believe that the value we receive from our teachers is more their commitment to work. The technical matter is a strong medium through which we connect to their minds. Those who feel strongly about work and caring for their families – share that strength with us. Those of us who take just the technical knowledge from the teachers – are learning for a living and not for life itself. This is not as strong in the Australian system compared to the Jaffna system. But in Australia also they have structured protocols about when and where one has the authority to express judgment on others. Going by the above author’s expressions – the American system seems to be less than the Australian system. The author says ‘I am now finishing grade 11.’ At grade 11 I did not compare even the two Jaffna schools I studied at – Holy Family Convent and Jaffna Central College. It was not my place to do so until I had the official responsibility and / or I was seriously affected by one system and hence relate through a similar system to share my experience with those who had the responsibility to provide a satisfactory system – including my parents at that age. As migrants we often reconcile between our system and the system of our children and this is participation in the new education system.

The author states ‘The first problem with Sri Lankan education is that it doesn’t cater to the aspirations and talents of students, but instead emphasizes a strict curriculum. This stifles growth and innovation in brighter students and puts students who have difficulties further behind.’

This was also the system that prevailed during our times. To date I do not feel that my education system was any less than those of my children. In fact in terms of work I have matched their performance without needing any Australian qualifications. Hence I believe that other Sri Lankans would likewise perform well in other environments when they have the need. If they on the other hand learnt the way an American child learns – they would have great difficulty in the Sri Lankan workplace – as Professor Hoole and his wife experienced when they returned to Sri Lanka from the USA. The dollar cannot be simply related to the rupee. Likewise the American work experience cannot be directly applied in the Sri Lankan environment. What could be compared is their deeper work value. It is for this reason that Universities are required to focus on Research and go to the roots of issues. That gives us the independence. If one wanted apparently world class education – there are International schools in Sri Lanka. But those graduates would have difficulty appreciating the language of the local school students. Jaffna University is not like Harvard University. Yet, I was able to receive knowledge shared by Professor Krishnaverny University of Jaffna at equal level to the knowledge shared by Professor Bruce Dowton of Harvard University who is currently the Vice Chancellor of Macquarie University here in Australia. If one is able to connect to the minds with equal effort – then the standards are taken as equal. The purpose of education is to bring minds together through common principles and values so we would share our intellectual discoveries.

The young author states ‘The worst part about Jaffna is that what some teachers can’t teach us, they try to beat into us through savage corporal punishment’

This was not the case when I grew up in Jaffna nor is it now in the schools that I am associated with – including Jaffna College to which relatives of this author are still associated with. Corporal punishment in Sri Lanka is something that is likely to flow from the Government itself and hence it’s a reality. Those of us who have had exposure to less violent systems of education ought to continue to share our experiences with those who continue to use the stick. I do do this each time I come across such examples of violence which so far have been outside the official environments. One was within a group sponsored by expatriate Tamils. When we donate we need to also ensure that we structure systems that connect the two cultures – so that the beneficiaries would have the best of both worlds.

In Jaffna, I myself do not apply directly the methods used in Colombo, leave alone Australia. Jaffna is used to ‘control’ rather than ‘management’. Those who ‘possess’ tend to control. Management requires sharing as if we are One at the roots. Comparing the American system with the Jaffna system at the surface is also a form of control. One needs to go to the roots of the two systems and know whether they are serving the needs of their respective environments.

The young author says ‘This has extended to teachers making students bleed. A sadistic teacher would go about chewing his cane with a cruel smile. When he hit us I was never sure which was worse, the pain or his spit. Once I was slapped by him until my glasses broke, causing a wound just millimeters away from my eye, and then seeing as this wasn’t enough he beat my hand with a stick until the stick broke and my hand was swollen, all for missing a Saturday class. In the US he would be immediately fired and criminally charged, but in Jaffna when this was reported with a doctor’s verification the principal could only warn him; after this happened a second time, I saw him still at school. The only thing positive was the survival skills we learned. The smallest boy in class would never get whacked because he would howl every time he thought he would get hit.’

There you go! In these areas it is about survival. In many American schools migrants – especially Muslim students must be facing similar problems in different forms. At the physical level – they may seem different and less violent. But taken as a whole they also have their share of problems in the USA.

Ultimately it is about discovering that we are One – including through our diverse education systems. Diaspora Tamils who care must continue to be engaged with the education system that groomed them. Until they pay their dues – they do not have the ownership rights to criticize. Paying dues does not end with donating money in return for status. One needs to place oneself in the system – so that the value system that worked for us would continue to support Jaffna through the younger generation.

The education system of each country needs to first serve the needs of its citizens before satisfying the wider world. In other words, Sri Lankan education system is for Sri Lankans first and not for Americans.

When the arms of democracy works for the best interest of its citizens, do Sri Lanka need a constitutional amendment & a reform? - Robinhood

(Lanka-e-News-22.April.2013,3.30PM) The supremacy of the constitution is upheld in a country where arms of democracy (the executive, the legislature, the judiciary) collectively identifies and abides its boundary of laws, complying the principles of natural justice, protecting the sovereignty of its people and works for the best interest of its citizens in creating laws and administering free and fair justice when exercising good governance. 

In recent history in Sri Lanka the arms of democracy is exerted under severe pressure or influenced to work in favor of protecting or cohabit with a single executive or to coexist with the remaining arm to sustain its position disregarding the people’s best interest. 

In such a circumstance when exercising such an administration the co-arms of the democracy, the judiciary, the parliament exercise its governance in favor of preserving its rule and demote public institutions to work for best interest of its citizens and good practices of governance but promote a personal self interest/benefits, prioritize a personal agenda for its survival and follow commands from an executive power. In such a circumstance the members who are elected by the people to protect democracy, the constitution to work for the best interest of the people coexist with the executive power and neglect citizens best interest and find a way or use the supreme constitution and legislature a way to sustain its regime by the name of exercising governance. Such an administration leads to authoritarian governance neglecting the sovereignty of the people who elected the government. 

When exercising such governance, the supreme constitution is dissembled by the ruling legislators engaging in gallery politics, disrespecting the supremacy of the parliament, independence of the judiciary and the sovereignty and the best interest of its citizens. When the people administering governance and the arms of democracy, exceeds its boundary of laws outside the constitution dissembling the constitution for the interest of strengthening a single or a collective body there will be no citizens sovereignty preserved or independence of the judiciary is protected. 

In such a situation, if any arm does not coexist or cohabit with the centralized executive there will be pressure exerted by the remaining arm/s to resign, remove or dispose its position from the public service disregarding the best interest of its citizens. If all arms of democracy individually or collectively come to a position disregarding the sovereignty and the best interest of its citizens, to its own advantage there should be an independent governing body to monitor the integrity and the consistency of the people governing democracy.

If the arms of democracy exercise its administration within its boundary of laws with an intention of strengthening the peoples sovereignty (always create and exercise laws for the best interest of its citizens) without strengthening or protecting the best interest of a single executive there is no necessity for a constitutional reform or an amendment. 

Robinhood - protecting the rights of all Sri Lankans

Suspend Lanka from Commonwealth: CJs

By P K Balachandran - COLOMBO

22nd April 2013 

Whether or not Sri Lanka will play host to the Commonwealth Heads of Government Meeting (CHOGM) in November this year will be known after the Commonwealth Ministerial Action Group (CMAG) meets in London on Friday.

Although the question of the venue is not on the formal agenda of the CMAG, it could be raised under the provision for “any other business.” The most recent plea against holding the summit in Lanka came from the Commonwealth Law Conference held in Cape Town, South Africa, between April 14-18. The meeting, attended by 27 Chief Justices, unanimously passed a resolution asking CMAG “to place Sri Lanka on the agenda of the next meeting on April 26, and suspend it from the Councils of the Commonwealth for serious and persistent violations of the Commonwealth’s fundamental values.” The resolution also called upon Commonwealth countries to “reconsider” holding CHOGM in Lanka, and blamed the SL government for its role in impeaching Chief Justice Shirani Bandaranayake “in defiance of the judgments of the highest courts in Sri Lanka.”

Elections to NPC

Meanwhile, Lankan President Mahinda Rajapaksa reiterated his promise to hold elections to the Northern Provincial Council (NPC) in September this year, but said that the date would be fixed after consulting his astrologer.

The Election Commissioner has told the media that elections to the NPC cannot be held without the government establishing the Council by a gazette notification. If the elections are to be held in September, the gazette notification should come by April end.

Astrologer will set northern polls date: President

Sunday, April 21, 2013

President Mahinda Rajapaksa said yesterday that elections to the Northern Provincial Council (NPC) would be held in September this year but the date of the poll would be decided based on the advice of his astrologer.

“My astrologer gives me a winning time and I will decide on the basis on what he says,” the President said at a ceremony yesterday in Welioya to hand over deeds of Mahaweli lands to people in the area.

President Rajapaksa also said that not many people complained when prices of cigarettes and alcohol went up but they complained when electricity prices were raised.

“There is much whining when electricity rates are increased but when cigarette and alcohol prices go up, no one complains. In fact the use of alcohol and cigarettes is on the rise despite the price hike,” he said.

The President said the people should not indulge in drinking or smoking but even if he advised them not to, his words would be ignored.

Religious Tensions in Sri Lanka

Gulbin Sultana

April 22, 2013

Sri Lanka is currently in grip of religious tensions between the Sinhala Budhdhists and the Muslims. Pepiliyana, 9-km away from Colombo, has been bearing the brunt of the violence with mobs led by monks selectively attacking Muslim business establishments like ‘Fashion Bug’ on March 28, 2013. These attacks were seemingly carried out as a sequel to the ongoing attacks on the religious places and hate campaigns against Muslims and other religious minority communities in the country.

This year the anti-Muslim campaign has been triggered by the Bodu Bala Sena (BBS) over the abolition of Halaal certification process and banning of the niqab. Bodu Bala Sena meaning ‘Buddhist Power Force’ was formed in July 2012 by Ven. Kirama Vimalajothy Thera and Ven. Galagodatthe Gnasara Thera. Since its formations, it has taken up various anti- Muslim activities, for example, asking people not to shop from the Muslim shops. Reportedly, it also delayed the registration process at the Sri Lanka Law College in Hultsdorf, Colombo, alleging that exam results were being distorted in favour of Muslim students.1 It has also protested strongly against family planning for the Sinhala Buddhists saying the community was shrinking, while on the other hand the Muslim population was growing. Because of its activities the BBS has acquired a reputation of being a “neo-fascist movement espousing the cause of Buddhist supremacy”.2 Though refuted, there has been a widespread suspicion that the government is covertly encouraging and even sponsoring the BBS. The BBS has stated that while it would not get involved in politics but would not hesitate to provide support for President Rajapaksa as his is a true Sinhala Buddhist regime. Inauguration of the Buddhist Leadership Academy of the BBS on March 9, 2013 at Galle by Defence Secretary Gotabhaya Rajapaksa has further strengthened the suspicion that the organisation has the backing of the Rajapaksas.

Though BBS’s anti-Muslim campaign is at the centre of attention, it is difficult to link all the current hate campaigns to the organisation. For example, a Dargah that was destroyed in Anuradhapura in 2011 happened when the BBS was not evcn in existence.3 Likewise the Dambulla Khairya Jummah Mosque, which had been in existence for over 60 years, was attacked by a group of Budhdhist monks in April 2012 claiming that it was an illegal construction built on sacred Buddhist ground, even though the mosque trustees have legal documents regarding its construction.4 It only goes to prove that violence towards minority community is deep rooted and widespread. That BBS is a symptom of the vicious atmosphere of majoritism-minoritism prevailing in the country. Series of anti-Muslim campaigns particularly after the end of the Eelam War give an impression that Sri Lankan Muslims are becoming the next scapegoats of majoritarianism.

Attacks against Muslims have had sharp reactions with the Sri Lanka Muslim Congress (SLMC) leader and Minister of Justice, Rauff Hakeem requesting President Mahinda Rajapaksa to convene a cabinet meeting to discuss the unrest and civil disturbance in the country. Hakeem also got together other Muslim parliamentarians including Senior Minister M. H. M. Fowzie and Ministers Rishard Bathiutheen and A. L. M. Athaullah to keep the pressure on the government as well as express their collective concern over the security of the minority communities. The Minister of National Language and Social Integration Vasudeva Nanayakara equally criticised the police for being lax and called for a ban on extremist groups, including the Bodu Bala Sena, Ravana Balaya and Sinhala Ravaya.5 The social network also helped in generating a forum of anger and anguish over the mistreatment of the minority communities. In fact, a petition has been circulated on Facebook asking President Mahinda Rajapaksa to protect the liberties of the minorities. The government, on the other hand, while agreeing to take stern actions against the perpetuators is also of the opinion that a conspiracy is being hatched to tarnish the image of the country.

The current hate campaign should not be seen as only a Muslim vs Budhdhist tension. It seems part of a larger strategy of establishing Budhdhist supremacy over the minority communities. After the end of the conflict in 2009 with the LTTE, expansion of Budhdhism all over the country has been visible. Numerous Buddhist Viharas are being constructed in the north and east by razing existing Hindu temples. For example, Kanniya Shivan temple in Trincomalee and the Murugan temple in Illangaithurai Muhathuwaram. A group of Buddhist monks also attacked the four Square Gospel Church in Kalutara in 2011. In Ambalangoda, the Assembly of God church was attacked in February 2012. A pastor in Kalutara was also attacked and a house belonging to a Christian was vandalized by Buddhist monks alleging that the church was engaged in conversions.6

Allegedly these vandals have political backing of the Sinhala chauvinist leaders. The strategy is to keep the non-Budhdhist Sinhala community under limits and on the periphery. History illustrates that the Indian Tamils were marginalised when they were seen as a political threat to the Sinhala leaders.

Systematic marginalisation of the minorities can channel them to form a common front against the majority community and an ensuing backlash can tear into the fabric of the society. However, despite palpable majoritarianism, it is unlikely that the minority communities will come together as a political force against Sinhala Budhdhist chauvinism. Though there is not much hatred and animosity between the Tamils and Muslims, and though both the communities are sympathetic about each others’ sufferings, a mutual suspicion and distrust does exist particularly on the sharing of political power. According to the Muslim leaders, the LTTE mindset (that they are the dominant player and Muslims should play a secondary role) is still prevalent among the Tamil leaders. Given the Tamil leaders patronising attitude, Muslims foresee a political risk in any alliance with the Tamils. This vulnerability has given elbow room to the SLMC to provide support to the United People’s Freedom Alliance (UPFA) in the Eastern provincial Council in 2012 and not to the Tamil National Alliance (TNA).

A majority community can establish its domination by policies of marginalisation and suppression of the minorities. But suppression of the identity of minorities in a plural society can never bring sustainable peace. Sri Lanka has already experienced a bloody war for decades and incurred the wrath of the international community for its treatment towards the Tamil community. Any discrimination and alienation among the Muslims can be destabilising and if the grievances are overlooked can turn them anti-establishment or push them into aligning with the global Islamic militants.

Views expressed are of the author and do not necessarily reflect the views of the IDSA or of the Government of India.

1. 1.“The hardline Buddhists targeting Sri Lanka's Muslims”, BBC, March 23, 2013 at http://webcache.googleusercontent.com/search?q=cache:http://www.bbc.co.uk/news/world-asia-21840600.
2. 2.D.B.S.Jeyaraj, “Defence Secretary Gotabhaya Rajapaksa Openly Supportive of “Ethno Religious Fascist”Organization Bodhu Bala Sena”, March 10, 2013 at http://dbsjeyaraj.com/dbsj/archives/17939.
3. 3.Charles Haviland, “Sri Lanka Buddhist monks destroy Muslim shrine”, BBC News, Colombo, September 15, 2011 at http://www.bbc.co.uk/news/world-south-asia-14926002.
4. 4.Nirmal Ranjith Dewarsiri, “Religious Tolerance Under Scrutiny In Sri Lanka”, Colombo Telegraph, May 30, 2012 at http://www.colombotelegraph.com/index.php/religious-tolerance-under-scrutiny-in-sri-lanka/.
5. 5.Indika Sri Aravinda, “Ban BBS”, The Sunday Leader, March 31, 2013 at http://www.thesundayleader.lk/2013/03/31/ban-on-bbs/.
6. 6.A Joint Statement from non-governmental organisations and social activists in Colombo, Sri Lanka forwarded by the Asian Human Rights Commission, April 26, 2012 athttp://www.humanrights.asia/news/forwarded-news/AHRC-FST-027-2012.

Coal Mafia – Second Episode..!

By Nimal Perera

(Lanka-e-News-22.April.2013,3.30PM) We are approaching last spell of a period which should have been bright but was actual dark. Find out the story below.

In the second coal tender the same game plan as in first tender could not be played as the evaluation was handled by CEB engineers. Initially as per the TEC submission, the tender was for Taurian Iron & Steel Co. Pvt. Ltd. Then the Secretary MOPE pulled a different card. He tabled a Supreme Court judgment happened in 2000, and raised doubts over TEC recommendation for Taurian citing they don’t have a local agent and therefore they are not qualified under the contract law. 

Then Secretary MOPE wrote to SCAPC submitting the position of the Attorney General, which upheld the applicability of Public Contract Act 13 of 1987 in respect of this tender. As per this Act all public contracts & initial offers and the companies participating has to be registered. 

However there is a big puzzle on whether a foreign bidder has to register or not. With these points raised SCAPC directed TEC to re-evaluate the tender and then;

1. Two bidders – JV to JV of Commodities Ltd & Uttam Galva Steel Ltd and Coal & Oil Company LLC were qualified as they had registration certificates for their local agents
2. One bidder - Nobel Resources Ltd who had not been represented by any agent also was qualified. (If the law was strictly imposed he also should be disqualified.)
3. Three bidders - Taurian Iron & Steel Co. Pvt. Ltd, Emirate Trading Agency LLC and MCS Holding Pte Ltd were disqualified as “their bid documents were collected by a local agent”. The big question is whether they have appointed any local agents in their bids. Otherwise why not they be treated as Nobel was treated?

Finally Taurian - the lowest offer would be rejected at a huge cost to the country. The price deference with Nobel and Taurian is 126.00 - 108.10 = 17.90 Dollars per Metric Ton. For the total quantity this will be 27 Dollar Million.

All the above episodes and Norochchloei PS construction were looked after by Mr. TM Herath – additional secretary in MOPE and Chairman Lanka Coal Company. Minister Ranawake replaced the LCC chairmanship by the CEB vice chairman. Only a week, here went the minister. Now we see the higher chairs of the mafia!

These tenders are pre-planned, well designed, well coordinated frauds in which the winning party is predetermined. If unexpected comes up he will be removed on a small lapse. If the earmarked party lacks something, that would be excused as a minor issue. Even the price negotiations are permissive for the dear ones.

This fraud in RS 2 billion order, could not be singly done at TEC, LCC or CAPC levels. Not even the cabinet of ministers. A master mind center piece is required. Of course he is blessed & covered from the top polity. Sadly this is not the first fraud of this nature; Kerawalapitiya combined cycle power plant (over RS 12 billion loss), Norochcholei Power plant 1st and 2nd (about RS 10 & 25 billion respectively) and many small scale lines up.

Further I’ve attached here, the complaint made to Bribes or Corruption commission.(See Below)



Full story >>

Boston Bombing And Government’s Second Chance

By Jehan Perera -April 22, 2013 

Jehan Perera

After the terror attacks on the United States that shook the world in 2001 and brought down the twin towers of the World Trade Centre, the US government has been frequently at the receiving end of criticism for violating the human rights of those suspected to be terrorists or supporters of organizations deemed to be a threat to US interests. There have been charges of human rights violations in relation to the capture, questioning and incarceration of suspected terrorists. The war against terrorism led by the US and its allies has claimed tens of thousands of lives, and the unmanned drone attacks that frequently lead to civilian casualties have become symbolic of the unacceptable collateral costs of this war.

President Mahinda Rajapaksa was among the first of world leaders to condemn the bombing of the Boston Marathon and condole with the victims. The government has utilized the occasion of the bombing to express its solidarity with the United States in the global war against terrorism. The terrorist bombing and the carnage it caused to innocent civilians serves as a reminder of the vulnerability of free societies to such outrages. The fact that the bombers were originally from Chechnya is certain to strengthen public opinion in the United States against those who promote or engage in violence for ethnic separatism.

The government’s Information Department stated that the Sri Lankan President was “the only leader in the world to eradicate the scourge of terrorism from Sri Lanka completely, has also called on all the countries to get together to eliminate the scourge of terrorism.” The attempt of the government to draw parallels with Sri Lanka’s own three decade long struggle to end terrorism, and the sufferings it underwent in the process, has to be seen in the context of US-led efforts to pass strictures on the government in recent times.

The problem for the government, however, is that while countries are sympathetic to the subjective logic of government actions during times of war, they are not equally sympathetic to non-action in the context of post-war which they see as a time for healing and reconciliation. The government has not been able to explain satisfactorily why it is unable or unwilling to implement those promises it made to the international community during the time of war, or even the recommendations in its own Lessons Learnt and Reconciliation Commission that deal with governance and reconciliation. This is why the government is unable to capture the imagination of the international community, or in this case the United States.

Recent Criticism 

The US-led resolution on Sri Lanka at the UNHRC in Geneva in March of this year was stronger than last year’s resolution in the same forum. This year’s resolution was not only passed by a bigger majority of countries, it was also more forceful in demanding an independent probe into allegations of war crimes. The previous resolution in March 2012 was more focused on the implementation of recommendations by the government’s Lessons Learned and Reconciliation Commission. If the government had taken more visible measures to implement these recommendations, the demand for a probe into war crimes would likely have softened.

Instead of giving priority to implementing the LLRC recommendations that would lead to reforms in the structure of government, and also address the psycho-social needs of the war-affected people, the government has sought to defend its conduct during the war, and even afterwards, on the basis of protecting the civilian population from terrorism. The continued high level of militarization, especially in the former war zones of the North and East, has been justified as keeping the country safe from a revival of the LTTE. The government continues to insist that the last phase of the war was a humanitarian operation to rescue the 300,000 civilian population who were held hostage by the LTTE as human shields to protect themselves from the advancing Sri Lankan army.

By and large most Sri Lankans have accepted the government position that the Geneva resolutions are motivated by a desire to punish the government for having crushed the LTTE in war. The hand of the pro-LTTE Diaspora is seen to loom large in these resolutions. The perception of most Sri Lankan people is that there is an unnecessary international emphasis on war crimes in Sri Lanka in a world that is full of them. To them the real issue is that the LTTE, which was a terrorist organisation that wreaked havoc in the country, is no more. Getting rid of the LTTE was due to the government’s military action.

What is troubling to the government is the hardening of the US-led efforts to move resolutions at the UN Human Rights Council on the issue of alleged war crimes. But the real issue is that after the war, the government has failed to institute systems of democratic governance and ensure reconciliation. The most recent US criticism of the government has come in the form of the State Department’s annual Human Rights Report on Sri Lanka, and it brings the real issues out clearly. This report documents the multiple failures of the government to uphold human rights, ranging from the use of torture by the security forces to the self-censorship being practices by the media in the interests of their self-preservation.

Recent Emphasis

The international community’s emphasis on war crimes is a recent development. In the last phase of the war, and its immediate aftermath, those who spoke of war crimes were mostly human rights organizations. The majority of the countries represented in the UN Human Rights Council did not support such an emphasis at the end of the war. The first resolution on the Sri Lankan war that was passed in the UN Human Rights Council a few weeks after the war ended in May 2009 was actually one that was proposed by Sri Lanka itself. It commended the government for having ended the war and looked forward to the post-war reconciliation process that the government was promising to take forward.

In fact the UN Human Rights Council dropped a draft resolution calling for an investigation into possible war crimes during Sri Lanka’s recently-concluded war on terrorism and adopted Sri Lanka’s counter resolution. Of the 47-member Council, 29 voted for Sri Lanka’s resolution, 12 against and 6 abstained. The resolution that was passed condemned the LTTE and welcomed “the liberation by the government of Sri Lanka of tens of thousands of its citizens that were kept by the LTTE against their will as hostages.” Unfortunately, the government took this as a final victory. The promises the government made to the international community with regard to good governance, a political solution and reconciliation were not implemented.

The problem that arose thereafter is the one that Sri Lanka now faces. Without dealing with the issues of emotional trauma and political rights that has arisen due to the war, the government focused on material development. Government leaders placed confidence in the changes they were making to the country’s infrastructure. They saw the road network and reconstructed towns that arose like the phoenix from the ashes of war and began issuing invitations to the international community to come and see for themselves. Those who did and do come are impressed. They see a geographically united country that is being visibly transformed. But the outer change alone is not enough.

Right Focus 

Reuniting a divided country is not only a matter of what is visible. It is also a matter of reuniting hearts and minds. Despite the large proportion of displaced persons who have been resettled, the quality of their resettlement, and human rights problems, do not yet qualify the Sri Lankan experience to be cited as a model for international emulation. An unknown number of thousands, or is it tens of thousands, of families of those who went missing in the war, continue to be left in the dark about what happened to them. Many of them continue to hope that their loved ones are still alive, captive in some army camp or prison, and await their reappearance.

Post war reconciliation also continues to be at a low ebb with no political solution in sight, and with the military still playing a dominant role in the civil administration of the North. All the people who lost their loved ones in the war need to know what happened to them. A political solution that deals with the roots of the conflict, which gave rise to terrorism and war, also needs to be in place. Pressure for this must be put on the government by the political opposition. But this is not happening effectively. This adds to the problem in which the country is getting ever deeper enmeshed. It means there is no internal pressure coming from the electorate that prompts the government to change and adapt to the real needs of the post-war situation.

The Boston bombing, and the government’s immediate condemnation of it, is likely to make public opinion in the United States more sympathetic to governments, such as Sri Lanka’s, that fight or have fought terrorism. But to take this opportunity, and build on it, the government has to take on the challenge of achieving reconciliation based on international standards by instituting systems of good governance that ensure justice and equity for the war victims and ethnic minorities today. Unfortunately in the absence of domestic pressures it is left to the international community to contribute to long term reconciliation in Sri Lanka, by putting pressure on the government to do what needs to be done for good governance and reconciliation.