US withdraws Rs.450 mn grant to Justice Ministry

Bureaucratic inefficiency or negligence on the part of the Justice Ministry or the Economic Development Ministry had resulted in Sri Lanka losing a US grant equivalent to Rs.450 million.

It was to be given for the purpose of upgrading the country’s judicial system by bringing it on par with modern technology and prevent legal delays.  

The US grant has been withdrawn because an agreement could not be reached with government officials.

A US Embassy spokesman confirmed the withdrawal of the grant.

“The grant had to be suspended as we could not reach an agreement with the Sri Lankan government authorities. The grant is aimed at promoting the effectiveness of the judiciary,” he said.  

The US grant was meant to develop a number of key projects planned to promote effectiveness of the judicial system, which included judicial and non-judicial training, the promotion of efficiency of the judicial process, introduce the latest technology on note taking and stenography so that the judicial procedure could be accelerated.  

Among the proposed programmes to be conducted using the grant were judicial training where judges are trained on writing judgments and introduce distant learning programmes using video conference facilities for judges. Three centres were to be established in Jaffna, Galle and Kandy so that judges in those areas would not need to travel to Colombo.

Another major project that was planned was to upgrade the Government Analyst Department and introduce facilities for DNA analysis and research. A large number of criminal cases and trials are delayed due to the lack of facilities in the GA’s Department. An exchange programme where Sri Lankan judges could go to the United States and get experience was another aim of the project.

When inquired by the Daily Mirror, Justice Ministry Secretary Kamalini de Silva said the US grant would be reformulated although it had been withdrawn.
“The grant was to be given under access to justice programme and it was to be used for judicial and non-judicial training among other programmes,” she explained.

However Ms. Silva said even though the Justice Ministry was the beneficiary, the Economic Development Ministry as the line ministry was handling the discussion with regard to the grant.

Meanwhile the US Embassy reconfirmed that the grant had been withdrawn and ruled out any possibility of reformulation.

“We can’t speculate on a future grant,” the embassy spokesman said. (Susitha R. Fernando)

Amnesty report fans flames of hatred - SL ambassador

30 April 2013

Sri Lanka's ambassador to the UK, Chris Nonis slammed the Amnesty report as a "propaganda exercise in misinformation and heresay", during an interview with BBC Radio 4's Today Programme. 

Asked about the countless deaths during the end of the armed conflict, Nonis replied: "the terrible thing about a terrorism is that we don't have any other option"

Listen here at 01:20:55 for full interview. Extract transcribed below:

Nonis: "As usual, Amnesty International has carried out its usual propaganda exercise in misinformation and heresay. I would say it's a fascinating piece of fiction. It's based on unverified third party news reports, and websites, and only contributes to this dreadful proxy propaganda war. All it does is fan the flames of hatred. You have to understand that we in Sri Lanka have lived as a heterogeneous community for two and half thousand years. We had a 28 year history of a bitter and internecine conflict with the terrorists, but finally in May 2009 we achieved peace on the country under the leadership of his Excellency Mahinda Rajapaksa."
BBC: And an awful lot of people got killed in the process - and that's a fact.
Nonis: "Well the tragedy of war - in any country, and including all countries, whether it's Britain or the States - war is dreadful. And the terrible thing about a terrorism is that we don't have any other option."

VIDEO: US CALLS ON SRI LANKA TO ENSURE FREEDOM OF PRESS

May 1, 2013 

Expressing deep concern over the recent surge in attacks on Sri Lankan media organisations, the US on Tuesday called on the country to ensure freedom of press. The US added that it will continue to support the need for justice and accountability for serious human rights abuses in Sri Lanka.

“The US calls on Sri Lankan authorities to demonstrate their commitment to the rule of law and freedom of expression by conducting thorough investigations into all attacks and killings of journalists and bringing perpetrators to justice,” State Department spokesman Patrick Ventrell, told reporters.

“We urge Sri Lankan authorities to protect freedom of expression,” he said, adding that the necessity of upholding this fundamental right was not only a component of the UN Human Rights Council resolution in Geneva this March but it was also central recommendation of the Sri Lankan government’s own Lessons Learned and Reconciliation Commission.

The US, he said, has seen the Amnesty International report and noted that it echoes many of the concerns the US raised in its own human rights report.

“So as we have said many times, we remain extremely concerned about threats to freedom of expression in Sri Lanka and continue to support the need for justice and accountability for serious human rights abuses in Sri Lanka,” he said.

As part of the “Free the Press” campaign, Ventrell highlighted the case of Utheyan, a Tamil-language newspaper in Sri Lanka.

“Utheyan has seen its personnel beaten, its newspaper shipments burned, its equipment destroyed and its offices set ablaze in this last month alone. The assault on the free press in Sri Lanka extends beyond Utheyan,” he said.

“The BBC Tamil-language service has had its programmes about Sri Lanka and the Human Rights Council censored. Reporters have been physically assaulted and murdered in years past, and a prominent political cartoonist has been missing for three years,” Ventrell said.

Sri Lanka markets women and children - Commissioner, Human Rights Commission

“Value for human life has got eradicated. New born babies are dumped. Babies are thrown away”.

Sri Lanka has become the most prevalent country in the world of selling women and children said Human Rights Commission, Commissioner Piratheeba Manamendra.

He made this statement on his address at an event held in Galle.

He said, even though coastline security is intensified, with the assistance of trawler boat, people are smuggled to Australia through Thangalai coastline area.

The slavery system inexistence in the ancient era, but now  it has transformed as illegal human smuggling activity.

Value for human life has got declined. New born babies are deteriorated. New born babies are ditched. Children are thrown away. Police cannot persecute suspected persons.

So far only one incident concerning such persecution is registered this year. However concerning illegitimate arrest, 30 complaints are registered against police.

  

A situation is prevailing in the police station of nonexistence of officials to record a complaint in the proper manner.  He said the low level officers should not follow illegal orders.

Tuesday , 30 April 2013

Sri Lanka:  Defending Women’s Land Rights

Sri Lanka:  Defending Women’s Land Rights

The issue of access to land remains critical issues in Sri Lanka. The civil war that ravaged the country for thirty years ended in May 2009 with more than 300,000 persons left internally displaced.  Currently, the State is allocating new land to those who are being relocated to new areas, while those who were in possession of lands are reclaiming their lands.

Guaranteeing equal land rights and access to land for women is emerging as a critical issue within this context.  The war has seen as increase in the percentage of women who become single heads of households due to the disappearance, death, disability or migration of their spouses.  Indeed, women have been disproportionately affected by multiple displacements, not only due to the conflict but also due to the tsunami which ravaged the coastal belt in December 2004.  The burdens of rebuilding livelihoods and the uncertainties and insecurities that relocation brings have fallen hard on women.

While these burdens alone have been great, the fact that there has not been a gender-sensitive response only deepens women’s hardships.  In fact, women have faced systemic gender discrimination in land reallocation processes.  For example, in Sri Lanka, the application of the ‘head of the household’ concept has resulted in discrimination against women in relation to housing and land rights. This was particularly seen in the aftermath of the tsunami where women were disentitled to property as a consequence that the ‘head of the household’ (seen as being synonymous with being male) be authorized to sign official documentation.  The acceptance of the concept of head of the household in administrative procedures relegates the status of women to a secondary position.

Similarly, while Sri Lanka has been giving State land to the landless peasantry for many years, as a practice, it has only given these lands in single ownership.  Most often, it is the male that is given the property as he applies for the land and he is also considered the ‘head of the household.’  Again, it is a process which systematically excludes women.

To remedy the situation, Sri Lanka must ensure that joint or co-ownership of State land is given to both spouses that apply or others who apply jointly for land grants and land permits, taking into consideration the principles of equality and non discrimination in the Constitution.  In particular, Sri Lanka will need to amend the State Lands Ordinance to expressly provide that joint or co ownership shall be granted when the State allocates land to married couples or to others who apply jointly.

 The recent review (2011) of Sri Lanka by the UN Committee on the Elimination of All Forms of Discrimination against Women highlighted the importance of these issues, and provided important recommendations which now need to be followed up on by civil society actors and implemented by State authorities.  There, the CEDAW Committee urged Sri Lanka to:

 (a) Abolish the concept of “head of household” in administrative practice and recognize joint or co-ownership of land;

and

(b) Speedily amend the Land Development Ordinance in order to ensure that joint or co-ownership be granted to both spouses when the State allocates land to married couples.

While these Concluding Observations are very important and useful from an advocacy perspective, little awareness exists among civil society, the donor community and others working in development initiatives on the CEDAW process and the Concluding Observations that are issued by the CEDAW Committee at the culmination of the State review.  The Global Initiative is currently working with partners on the ground to create awareness on the importance of the Concluding Observations and to ensure the follow up that is required from civil society.

Destruction continues in Mattala

Wednesday, 01 May 2013 

The destruction of Mattala continues unabated to appease the hunger for power of the Royal family and its lackeys in the Hambantota District.

After clearing 2,000 hectares of forest lands for the Mattala Rajapaksa International Airport, plans have also been drawn to construct a Commercial City, a housing complex, a university and a solar garden (solar power project) by clearing thick forest lands.

According to environmentalists, although forest lands have been surveyed and earmarked for the proposed projects, none of the projects have carried out Environment Impact Assessments (EIA).

Since over 2,000 acres of forestlands have been earmarked for this project, the implementation of the proposed Elephant Management Area by the Department of Wildlife Conservation (DWC) has come to a complete standstill.

Environmentalists say that the entire Seenukugala mountain range in Mattala where a thick elephant population is recorded has now been converted to metal quarries where explosives are used to blast granite rocks often.

There are 10 metal quarries each spanning over 50 acres and a large road network has been constructed clearing the forest and according to the workers of these metal quarries the granite is sold for development projects in the area.

Also, 650 acres from Buruthankanda area which too is within the proposed Elephant Management Area are to be cleared for the proposed solar power project.

Meanwhile, District Secretary for the Hambantota District, R.C. de Soysa has told the media that metal quarries running over 50 acres have carried out EIAs but there was necessity for such a study for the other quarries that are less than 50 acres.

He has noted that the university is a BOI project with 50 acres earmarked for it with a 100 acres marked for the housing project and1,000 acres have been allocated for the commercial city project.

SC issues notice on impeached CJ AG files plaint against CA judgement

April 30, 2013, 9:26 pm 

by Chitra Weeraerathne

 The Supreme Court yesterday issued notice on former Chief Justice Dr. Shirani Bandaranayake and too other respondents.

The notice was pertaining to a special leave to appeal application, filed by the Attorney General, against a Judgment of the Court of Appeal dated February 28, 2013.

By that Judgment, the Court of Appeal, quashed the proceedings of the Parliamentary Select Committee,

which declared that Dr. Bandaranayake was guilty of misconduct and could be impeached from office by a Presidential order.

The Supreme Court yesterday granted special leave to appeal under Article 128/2, of the Constitution.

Attorney General Palitha Fernando PC, in his submission, requesting the Supreme Court to grant leave to appeal, said that the Supreme Court may grant leave to appeal in terms of Article 128/2 when the issue in question is one of public interest.

The Supreme Court granted special leave to appeal, coming within the clause on public interest, under the following question, whether the Court of Appeal erred in law in holding that the writ jurisdiction of the Court of Appeal, embodied in Article 140 extends to proceeding in Parliament, and to proceedings of any Parliamentary Committee, and also whether, the Court of Appeal did err in law in holding that the words "Any Court of first instance, tribunal or institution, stated in Article 140 of the Constitution extends to Parliament or a Parliamentary Select Committee.

The respondents were given time to file objections. Hearing was fixed for May 29.

The Attorney General appeared with Additional Solicitor General T. Ghanathasan PC, Deputy Solicitor Generals, Shavindra Fernando Sanjay Rajaratnam, M. Nawaz, Janak de Silva and Senior State Xounsel Nerin Pulle.

The Bench comprised, Justices Saleem Marsoof, Sathya Hettige and Eva Wanasundera.

The notice issued on respondents Dr. Shirani Bandaranayake, R. Sambandan of the TNA and Vijitha Herath of the JVP is returnable on May 29. 2013.

Leaked US draft on Maldives should open eyes of Tamils

[TamilNet, Tuesday, 30 April 2013, 21:12 GMT]
A draft of US defence pact proposed to the Maldives, but leaked to media a few days ago, should open the eyes of Tamils in the island of Sri Lanka, in Tamil Nadu and in the diaspora, on the game played by the USA along with the Establishments in the region, either by exploiting or by treading on the struggles of peoples in the region, commented alternative political activists in the Sinhala military occupied country of Eezham Tamils. Maldivians had made a mistake in not checking their governments supporting the genocide of Eezham Tamils abetted by the USA, India and China. It reflects on them now. Meanwhile, Global Tamils should know where the struggle of Eezham Tamils should ultimately be addressed to in unison, and what ideological stand they should independently take with people’s strength, the activists said. 

• Leaked draft: US-Maldives-SOFA [courtesy: http://www.dhivehisitee.com/images/US-Maldives-SOFA-draft.

The US defence draft was in fact seeking to convert the entire Maldivian archipelago into an unquestioned US base: Free movement of US defence personnel in the land, air and sea of the Maldives, use of the Maldivian territory for US installations and technological deployment built by its own contractors, no boarding and inspection on US aircraft and vessels, border control of the facilities vested with the USA, diplomatic status to the US military personnel and there by no action by Maldives against any criminal activities of them, no claim by Maldivians on any death or destruction to property, and above all not taking any disputes to any national or international court, tribunal or similar body or any third party.

The current US draft aims at a worse infringement into the sovereignty of the nation of Maldivians than what the protectorate treaty of British colonialism did in 1885, Maldivian sources said.

A full perusal of the draft would show what the USA is aiming at in the region.

India, Sri Lanka, Maldives and Chagos [Image courtesy: Google Earth]

In the meantime, Maldivian media Minivan on Wednesday, related the defence draft initiation to the challenges anticipated by the USA on its lease of Diego Garcia of the Chagos archipelago from Britain, where the USA is currently having a base of nuclear facilities.

The inhabitants of Chagos were evacuated to Mauritius in 1965, and the UK paid money to Mauritius to hand over Chagos to the USA in return for some defence benefits, Minivan said. The Indian origin Mauritius Prime Minister was later Knighted for his ‘services’.

‘Environmental’ protection issues are now manipulated by the West to retain the base to the USA and to deny rights of the original inhabitants.

But, Diego Garcia is not the issue; it is capturing the Maldives and the island of Sri Lanka in the given context of challenges from the East, political observers said. A section of Maldivians from the ruling faction had a meeting recently in a US aircraft carrier that was passing through the Maldives. 

Failure of New Delhi’s foreign policy in the southern part of South Asia with its exposed involvement in the genocide of Eezham Tamils and its unsophisticated advances towards Maldives became gains for the USA, political observers said. 

Similar to ultimately architecting the genocidal war and not resolving the national question of Eezham Tamils for eternal benefits in the island of Sri Lanka, the democracy issue and the fundamentalism issue were nurtured ultimately for the USA to demand the defence treaty from the Maldives, political observers opined.
* * *
Meanwhile, speaking to foreign media earlier this month, the ambassador of the Washington administration in Colombo was explicit in telling the main role played by her Establishment in eliminating the LTTE.

The ambassador, taking pride on the effect of the US mobilisation that took place just a few years before the genocide, on the contrary said that the accountability and reconciliation process would take several years to come. There was nothing in her talk on righteous solutions aspired by the affected nation of Eezham Tamils. 

Pre-emptive support is now given to the ‘counting-the-trees’ struggle of Eezham Tamils against the permanent Sinhala militarisation of the Valikaamam HSZ, just to silence the agitators from turning against the ultimate culprits. But no one who is aware of the military ambitions of the powers in the region would believe in the support, without seeing concrete policy perspectives, Tamil alternative political activists in the island commented.

Cautioning against powers-simulated mobilisations pre-empting people’s uprisings addressing the ultimate culprits, the activists said that the former would only lead to serve the interests of the powers, bringing in only deceit on the struggling the people. Eezham Tamils have a long experience in such deceptions, enough for the edification of the entire world, the activists said.

The strategy of targeting the struggle at agents and subordinates, that too at the advice of the very masters, without addressing the ultimate culprits face to face, is fundamentally ineffective, as the ultimate culprits will be left free to manipulate the situation with mirages as such as ‘regime changes’, the activists said.

Our so-called lobbying should not detract people’s uprisings addressed at the ultimate culprits. That is our only strength today and it should go side by side with political negotiation. If our lobbyists are in the service of the adversaries to do the job vice versa, then they are not our lobbyists, the activists in the island further said. 

* * * A Maldivian media telecast in Dhivehi language on the leaked document follows:

Anti Muslim Violence Spreads To Oak Kan Township

News is spilling in from across our sources in Burma regarding a new development of violence against Muslims. Following on from yesterday's Rakhine Commission Report, sustained violence has spread to Oak Kan township in Bagu division, two hours North of Rangoon.

By Mabrur Ahmed -APRIL 29, 2013

Rakhine Commision Report Stirs Violence

Whilst calling for more aid and access, the Rakhine Commision report failed to mention Rohingya community by name and instead referred to the community as Bengali settlers. This use of language is believed to have stoked the violence being witnessed today in Oak Kan township.

Violence broke out across three Muslim villages Chew Bon, Kyauk-Tet and Pea-net-Gone late this morning with sustained attacks on villagers shops and places of worship. As of this afternoon, a number of sources have reported that 2 mosques and 2 Islamic education schools have been destroyed and damaged. More than 150 shops have been damaged with high value goods being looted. In contrast to violence in Meikhtila and Arakan state, there have been fewer arson attacks.

A local activist who wished to remain anonymous reported:

'These villages were built by British before the independence and were populated by Bangladeshis to come and build the main railways and terminals in Rangoon. They have been naturalized as citizens and are simple people who are honest in trade and living. They have only been targeted because of yesterday's report which has suggested that the Rohingya are Bengali too and so the Buddhists attacked our local Burmese citizen Bengalis'

Communications Blockade

As attacks spread to other villages, local eye witnesses reported that the local police stations were surrounded by anti-Muslim mobs whilst destruction took place inside the village. The three villages are now believed to be encircled by police but crucially at the time of attack security was not provided to the Muslim population. From Chew Bon, we have received information that some villagers are taking refuge in nearby woodlands and forests. For the past four hours, telephone lines have also been cut off and it seems that a communication blockade has spread over Oak Kan township. Some images have emerged on Facebook and Twitter but these are thought to be from earlier in the day.

The violence erupted following a "body collision between a Monk and a Muslim woman". In anger at being pushed, the woman dislodged the alms bowl the monk was carrying. Folowing an exchange of heated words, the woman apologised for hitting the alms bowl as did the monk for pushing the woman. However, other local Buddhists became agitated at the diasgareement and this sparked a number of youth gathering at the local mosque and eventually leading to the destruction of that mosque.

Evening is falling across Oak Kan township and there is great concern that more violence will spread across the township which has already seen more than 150 shops damaged and looted and left two mosques destroyed and yet another Muslim community devastated.

Ethnic tensions between the Tamil and Muslim communities in Mullaiteevu may intensify over the land issues

Ethnic tensions between the Tamil and Muslim communities in Mullaiteevu may intensify over the land issues

Tuesday, April 30, 2013

Fact finding report on the recent tensions between Muslims and Tamils in Mulliyawalai
WOMEN’S ACTION NETWORK

Muslims and Tamils have returned to the North having experienced immense loss and struggles over the last 30 years. Post-2009 Muslims and Tamils have begun returning to Mullaiteevu and resettlement has been taking place slowly. However the numbers that are attempting to and have returned is much higher than the number displaced 30 years ago. Therefore the land allocated has been insufficient for these communities to resettle. The situation is further complicated by the loss of land documentation and land disputes.
Through various sources Women’s Action Network (WAN) has also learnt of continuous political intervention in allocation of land, resources and aid, while there is a clear perception of discrimination and antipathy among both the Tamil and Muslim communities. Due to these interventions there is a fear that ethnic tensions between the two communities in Mullaiteevu may intensify. A fact finding mission comprising of activists from Mannar, Trincomalee, Jaffna and Puttalam is undertaken within this context.
The fact finding team interviewed returning Muslim and Tamil communities in Mulliyawalai and government officials. This report reflects their concerns and propositions.

 The Muslim Community
The Muslim community during the interviews stated that there is an acute land scarcity for resettlement. They informed the WAN team that they had registered with the Grama Seveka and were allocated land accordingly. They also stated that while the older generation of Tamils was welcoming of the Muslims that the younger generations who do not know of their history were the cause of the tensions. They were clear that they do not wish to take the land that belongs to the Tamils. The Muslims went on to state that the Minister Rishad Bathiudeen has got permission to allocate land to the Muslims in Mulliyawalai

The community feels that the Mulliyawalai Tamil community’s reaction to stop the forest clearance for resettlement of the Muslim returnees recently is due to many returning Tamil families being deprived of land in Mulliyawalai due to various administrative issues and land take over by the military. However the Muslims strongly felt that all their needs will be met by their Minister. They went on to state that there was misinformation disseminated through the media by the Tamil politicians. They stated that since parliamentarians Rishad Bathiudeen, Vanni TNA members, Douglas Devananda and Karuna Amman have been involved in these resources allocations they first have to come to some understanding and amicable way of sharing resources between these two communities.

In preparation for the land distribution in Mulliyawalai for retuning Muslims, the forest land was due to be cleared with the permission of the Forest Department. However on the day when it was to be cleared even though the Minister of Resettlement, GA and the Forest Department official were present the Tamil people protested and women prevented the bulldozer from moving forward by lying down on the ground.

The Muslims claim that the Tamils are worried that the clearing of the forests will lead to an increase of elephant attacks. When the Muslims were forcibly evicted they were about 1,300 in number. Those who registered to return 24 years later for resettlement are estimated about 7,000 . In some cases one family has multiplied to 04 or up to 07 families. Even though the Muslims wish to return to their homeland, the lack of proper facilities, schools that teach Islam as a subject and value Islamic principles etc. hinder their return. Land allocation of 9-10 perches, considered insufficient as there are families that have around 10 members who have families themselves. They have been told that they would be given sufficient plot of land for dwelling purpose and an acre of land for agricultural purposes.

The Muslim women stated that the land allocation and political intervention have been kept away from them and only their men liaison with the minister and others. It has been kept largely as a male affair and unlike Tamil women, Muslim women’s knowledge and articulation on this issue is a concern for the WAN team in the context in which women’s groups have been demanding joint ownership of land and housing for returning IDPs.

The team was told that a petition signed by Mulliyawallai Muslim returnees has been handed over to the minister on the 09th April 2013. They informed us that they wish to have a consultative process with both communities and that a discussion must take place which is covered widely and impartially by the media.
The returning Muslim IDPs are of the opinion that reconciliatory steps must be taken by the state as well as Muslim and Tamil politicians.
 Tamil Community
When we spoke to a few members of the Tamil community living in Mulliyawalai they stated that they have suffered due to the war for the last 30 years and have lost family members and all their belonging. However while the Muslims have been allocated land the Tamils claim that they have not yet received any land allocation or direct government support in relation to their resettlement in Mulliyawallai. “We stopped the forest clearance by the Muslims only because of this”. There is also a fear that if Muslims resettle there will be cultural tensions between the two communities.

They demanded that of the 800 acres of land allocated for the Muslims, 400 acres must be allocated for the Tamils and that members who are over 18 must be given land. They also demanded that the Tamils living in that area must be given the same treatment and facilities as the Muslims and that they too must be granted permission to clear land. They also stated that land should only be allocated to Muslims who do not have land in Puttalam. And that any reconciliatory steps must be taken by the Muslims as they are the ‘new comers’.
The older generation of people insisted that the distribution must take place in a manner that does not create tension and that it must be equitable. They welcome any form of talks between Tamil and Muslim politicians and dialog at the community level as well. They stated that they are unable to solve this problem by themselves and that the same must be done by the government officials and the civil society representatives.
Government Officials

Government officials such as grama niladaris, divisional secretariats, land officers and other officers, we interviewed, have stated that they have shown no bias in their records. They also stated that even though Muslims have registered they do not come when requested to show proof of living and that there have been ordered not to give Tamils any aid even when Tamils have been living in that area. They however stated that they faced intense pressure from politicians and several had asked for transfers. They stated that these political interventions were causing tensions among the communities and that they were not consulted when decisions are taken and all decisions are made at the higher level. They also insisted that if any solution was to be reached it would have to take place at the parliamentary level. They stated that there have been threats and that government officials are unable to voice their opinions.

They stated that the land allocation was done in an inappropriate manner without any consultation with the grama seveka, divisional and district secretariats and the wild life department.

At the same time the women’s groups also gathered following information from letters and documents we were given and by speaking to activists from Vavuniya and Mannar.

While Tamil and Muslim returnees were fighting over Sannar land in Mannar, Peoples Bank built 31 houses (each worth 1million) for Sinhalese returnees in Madhu and in that process gave away 19 houses for Tamils as well. According to a civil society member Madhu Sinhala housing scheme is the first resettlement to be completed in Mannar immediately after the end of the war. As per a government officer and some civil society activists, to date there has been tension between Tamil government officers and returning Jaffna Muslims (fueled by Tamil and Muslim politicians) over allocating Indian houses for returning Muslims in Jaffna town and the Muslim returnees have been asked for 10 different documents to get access while the National Housing Authority built 135 houses for Sinhalese in Navatkuli.

While in Mullaitheevu (and in Vavuniya too) tension over land between Muslims and Tamil returnees are building up to the point of burning down poor returnees’ temporary huts in Mulliyawallai and blaming each other, in Weli Oya (Mullaitheevu) and Thalapogaswewa (in Vavuniya) Sinhala settlers are being brought by the government in bus loads for colonization. To date there have been about 4800 Sinhala families brought to Weli Oya and about 2000 families to Thalabogaswewa. On 20th April President Mahinda Rajapaksa visited Weli Oya and personally instructed the government officers to expedite the settlement there and handed over land documents to new settlers. The same week Tamil and Muslim returnees fought over the land clearance in Mulliyawallai in the same district. Tamils who lost their agricultural land to the Weli Oya (Mahaweli L scheme) Sinhala settlement have approached their political representatives but told us that not many politicians have talked about this systematic, long-drawn, state colonization or made much effort to directly challenge the officers in charge now.

Current Sinhala settlement is taking place under the tight fist of the governor, specially appointed military officers and Sinhala government officers in these two areas. Even NGOs can’t have access to Weli Oya and Thalapogaswewa without the prior permission from respective DSs. The WAN fact finding team was told that there is a plan to resettle at least 22000 Sinhalese before the provincial council election in Mullaitheevu. At the same time a notice has been issued this week (22nd April 2013) in relation to acquisition of 6381 acres of land in Jaffna (Valikamam) by the military to establish and expand their bases

Observations:

• Both communities lack information regarding land distribution.

• There is a need in light of much needed reconciliation that the Tamil community is informed that the Muslims arriving from Puttalam are not new comers (if there are new comers then the government officers need to deal with it and a mechanism for scrutiny should be established) but those who lived in Mullaiteevu before 1990 and are returning with their children and families.

• Even though both communities speak of each other fondly, there are misconceptions and dislike of the other community. Therefore there is a need to deal with this issue in a holistic manner if yet another inter ethnic conflict is to be prevented in the north.

• Minister Rishad Bathiudeen, TNA and other politicians are interested in ensuring that their community members stay loyal and indebted to them. Any reconciliatory steps between returning Muslims and Tamils have been perceived by these political forces as hampering their clearly divided ethnic vote base. With the northern provincial council election expected this year each of these political parties are only keen in further widening the gap between these two communities and converting the rehabilitation and resettlement process and assistance to fulfill their party political agenda.

• Government officials are unable to work independently and to voice their opinions freely.

• Land distribution is not taking place adhering to due process. There is a lack of information as to how land is being distributed before land claims have been settled. The Government is in the initial phase of implementing the new circular that was introduced in January 2013 titled ‘Accelerated Programme on Solving Post Conflict State Lands Issues in the Northern and Eastern Provinces- Land Circular 2013/01.’ In such a context, distributing land to particular communities can provoke tensions.

• Due to these tensions currently land distribution is taking place under the provincial council and not through the district secretariat level.

• There are also tensions in regards to livelihood activities i.e. fishing and agriculture between these two communities.

• The same trend of treating the local Puttalam Muslims differently to the displaced northern Muslims in Puttalam by the Minister can be seen here too.

• It is important that measures are taken to facilitate Sinhalese returning to their native homes in the north too but the government and NGOs need to avoid exacerbating tensions by relocating Sinhalese from other districts.
Recommendations:

While recognizing the tremendous amount of the suffering of the Tamil people and the need to prioritize their return and resettlement in Mullaitheevu and any form of special treatment to northern Muslim returnees can only deepen the scares of Tamil community. However WAN also recognize that Muslims who were evicted in 1990 and their descendants have also suffered and have every right to return to their original places of habitation with dignity. We understand that there is a need for special emphasis and awareness to be made and created with regard to several practical difficulties in relation to Northern Muslims collective and voluntary return after over 20 years of being in displacement. However WAN strongly feels that any provision or even approaches should not be distorted to gain political advantage and to drive a wedge or misunderstanding between communities or at the expenses of reconciliation between Tamil speaking natives of north.

1. Immediate steps to be taken to ensure reconciliation between the Muslims and the Tamils either through community initiatives or a citizens’ committee consisting of non political community leaders.

2. Steps to be taken to ensure that government officials can function with independence and integrity

3. Politicians should take steps to ensure that the affected communities are able to resettle in an amicable manner. They should stop polarizing communities for their own party political agendas.

4. Awareness creation between both communities must be done through government and non-governmental organizations.

5. Donors and aid agencies must be conscious of how the aid has been politicized and used to divide the communities. They must negotiate with the state for non political and civil administrative mechanism as an absolute must for their aid distribution and aid effectiveness.

 Please note this report has been written by a group of activists from the north and the east by visiting the areas and talking to:

• Government officials

• Tamils currently living in Mulliyawalai (including the men and women who protested the clearance of the forest land)

• Muslims who have returned to Mullaiteevu- both men and women

• Tamils and Muslims who lived together before the eviction in 1990 in Mullaitheevu district.

Sri Lanka: Report exposes the government’s violent repression of dissent

APRIL 29, 2013

The Sri Lankan government is intensifying its crackdown on critics through threats, harassment, imprisonment and violent attacks, Amnesty International said in a report released today.

The document, Assault on Dissent reveals how the government led by President Mahinda Rajapaksa is promoting an official attitude that equates criticism with “treason” in a bid to tighten its grip on power.

Journalists, the judiciary, human rights activists and opposition politicians are among those who have been targeted in a disturbing pattern of government-sanctioned abuse, often involving the security forces or their proxies.

“Violent repression of dissent and the consolidation of political power go hand in hand in Sri Lanka,” said Polly Truscott, Amnesty International’s Deputy Asia Pacific Director.

“Over the past few years we have seen space for criticism decrease. There is a real climate of fear in Sri Lanka, with those brave enough to speak out against the government often having to suffer badly for it.”

Almost immediately after the end of the armed conflict in May 2009, when the Tamil Tigers (LTTE) were defeated, the government started consolidating its power.

The September 2010 introduction of the 18th constitutional amendment placed key government institutions directly under the president’s control, while the continued use of the draconian Prevention of Terrorism Act (PTA) grants sweeping powers to the security forces.

At the same time, official government discourse has become increasingly hostile towards critics, with terms like “traitor” used regularly by state-run media outlets.

Government critics have been subjected to verbal and physical harassment, attacks and in some cases killings. The report details dozens of such cases, both before and after 2009.

The judiciary has been a key target of repression, with the government  undermining its independence by making threats against judges who rule in favour of victims of human rights violations.

Tension culminated in January 2013 when Chief Justice Shirani Bandaranayake was impeached on charges of misconduct, despite a Supreme Court ruling that the impeachment procedure was unconstitutional.

While much of Sri Lankan media is firmly in the hands of the government, the authorities have targeted outlets that remain independent and criticize official policies, or the government’s conduct during the armed conflict.

Journalists continue to suffer intimidation, threats and attacks for reports that are critical of the government. At least 15 have been killed since 2006 and many others have been forced to flee the country.

In a recent example, Faraz Shauketaly, a journalist with the Sunday Leader was left badly injured after unknown gunmen shot him in the neck in February 2013.

Older high-profile cases, such as the 2009 killing of former Sunday Leader editor Lasantha Wickramatunge, remain unresolved.

Websites with articles critical of the government face frequent cyber attacks, while their offices have been raided by police or burned down by unknown arsonists. The government has also used amendments to legislation – such as providing for the imposition of exorbitant “registration” fees – to shut down critical online outlets.

“The government’s blatant attempts to restrict and silence the independent media  fly in the face of the press freedom, which is supposed to be guaranteed by both domestic and international law,” said Truscott.

Much of the government’s crackdown is aimed at silencing criticism of its conduct during the armed conflict, in particular during its final months when many thousands of civilians died at the hands of the LTTE and the army.

Pressure on critics tends to intensify around key international events. Examples include recent UN Human Rights Council (HRC) sessions in 2012 and 2013, when the HRC passed resolutions highlighting the need to investigate alleged violations of international law by the Sri Lankan government during the armed conflict.

Participants in UN meetings and Sri Lankan journalists covering the events were repeatedly verbally attacked in Sri Lankan government media outlets, and in some cases physically threatened.

Others who have been targeted by the government include human rights activists, trade union leaders, humanitarian aid workers and opposition politicians, in particular those active in the Tamil-majority north.

In November 2013, the next Commonwealth Heads of Government Meeting (CHOGM) is set to take place in Colombo. Sri Lanka would then represent the Commonwealth as its Chair for the next two years.

“Before November, Commonwealth governments must pressure the Sri Lankan government to address the alarming human rights situation in the country,” said Truscott.

“The CHOGM meeting must not be allowed to go ahead in Colombo unless the government has demonstrated beforehand that it has stopped systematic violations of human rights. All attacks on individuals must be promptly, impartially and effectively investigated and those responsible held to account.”

In addition to these ongoing violations, the Sri Lankan government has failed – despite repeated promises to do so – to effectively investigate allegations of crimes under international law committed by the LTTE and the army during the armed conflict.

“It is abundantly clear that Colombo is unwilling and unable to investigate the credible allegations of crimes under international law, including war crimes, during the conflict. What is needed is an independent, impartial and internationally led investigation,” said Truscott.

Sri Lanka: The intentions behind the land grabbing process

30 APRIL 20130BY NIRMANUSAN BALASUNDARAM

Introduction-

In  the so-called ‘post-war’ Sri Lanka context, land grabbing, Sinhalization and military occupation of the Tamil nation have become pivotal points in the political development discourse. The deep concerns that exist amongst the majority of the Tamils, which are directed towards their present and future existence, are these same issues.

The political discourse within the international community is unable to keep pace with the real-time implementation and effects on the ground. The international community continues to talk about reconciliation and the Sri Lankan state seems keener on Sinhala settlements and militarization in the Tamil nation. All three actors have not only different aspects but their own interests as well. For the Tamil people living in the Northeast of the island, the apparent predominant concern is the ability to retain a dignified life; now and into the future. Having said so, this article analyses the real intention behind the land grabbing process being accelerated by the Sri Lankan State, particularly since the end of Eelam War IV in May 2009.

Interpretation

When the brutal war on the island came to end in May 2009, over 146,679 Tamil people, were still unaccounted. Crucial stakeholders of the ethno-political conflict of Sri Lanka thought that it heralded an opportunity for reconciliation between the polarized communities to build durable peace on the island.

In contrast, the Sri Lankan regime began building military bases, Sinhala settlements, Buddhist statues and stupas in the North East of the island. The Government that brought in the disastrous Sinhala Only Act in 1956 seemed to believe that the time for full level implementation and reactivation of the Act had arrived after nearly a four-decade hiatus. Thereby deliberately targeting the Northeast. Out of a total land mass of 65,619 sq km, the Tamils inhabited 18,880 sq km of land in the north and east, but after May 2009, the Sri Lankan Armed Forces have come to occupy more than 7,000 sq km of Tamil land.¹ 

Latest data reveals that at least 6,069 acres of public and private lands are occupied by the Sri Lankan Armed Forces (SLAF) for the purpose of opening up Sinhala colonies in the Vanni region. It is worth noting that this excludes already occupied lands in Jaffna region and the ‘Eastern province’.² There is an official process, which indicates that 6,400 acres of civilian land will be seized for military purposes in Jaffna HSZ.³ People also complain that Sinhala Buddhist archaeologists are engaged in nefarious activities of Sinhalization. They are said to be visiting Tamil areas and 'excavating' Buddha statues that they themselves had planted earlier. The purpose of this exercise is allegedly to claim that the territory in question had been a Sinhala Buddhist area. The Sri Lankan regime has proclaimed that they ‘liberated’ the Tamil people through a so-called ‘humanitarian operation’. If indeed that is the case, the question arises as to why they believe there is a need to deploy the notorious military throughout the Northeast in such a large scale and appoint war criminals as governors of the region? 85,000-86,000 soldiers are at present in the North and East.⁴

This number does not include the separate deployment of a Task Force in the East, and of the Navy and the Air Force. The Sri Lankan Army is comprised entirely of Sinhalese, and the people of the North are almost entirely Tamil.⁵ The military’s increasing control of administrative decisions in the North and East, including distribution and use of land, has turned the issue of land ownership into a deeply politicized and ethnically-charged one. Administrative and developmental decisions in North-East Sri Lanka are frequently taken by the military in consultation with the Presidential Task Force for Resettlement, Development and Security (PTF) and the military is involved in various committees set up as a result of the September 2011 government policy regarding land in the North East. Furthermore, the military continues to impose restrictions on humanitarian, developmental and psychiatric social work, accentuating existing resentments and impeding quick recovery of the civilian residents. The presence of large numbers of army personnel, particularly in the north, has increased the vulnerability of women to violence and other forms of abuse including rape.⁶

To counter the increasing international pressure, the regime is building roads and bridges under the banner of reconstruction and developments. Hon. Christine Robichon, the French Ambassador to Sri Lanka said in an interview, “Healing the wounds of the war is not limited to reconstructing roads and bridges.”⁷ The reconstruction and development process has not focused on the basic human needs such survival, well being, freedom and identity or interests of the Tamils. Rather efforts and priority has been given to the interests of Sinhala businessmen, settlers and the military. Tamil aspirations are being ignored, grievances are being denied and the current expectations regarding reconstruction and development in Tamil areas are not being heard. The State instead continues with its long-term agenda with specific intentions.

Intentions

Soon after the war came to an end, Sri Lanka's Buddhist nationalist party the Jathika Hela Urumaya [JHU], which backs the Sri Lankan government, said: “each road in the liberated areas in the North should be named for the war heroes who sacrificed their lives for the nation's liberty”.⁸ The genocidal war on the Tamil nation has been depicted as the Sri Lankan nation’s liberation and perpetrators of genocide, war crimes and crimes against humanity have been extolled as war heroes.

The mindset of the Sinhala chauvinists is that the entire island belongs only to Sinhala Buddhists. This entrenched mentality encourages the destruction of any identity that seems to be a counter or a threat to Sinhala Buddhist domination. This mindset has emerged from a chauvinistic interpretation of the Mahavamsa, which states that Buddhism needs to be preserved for a period of 5000 years in the island until the next arrival/reincarnation of Buddha.⁹ This idea has led to the Sinhala Buddhists believing they are of racial superiority with the island belonging to them alone as they were the chosen ones.¹⁰ The extreme form of this ideology has led to the belief that other communities in the island are invaders or mere visitors with no entitlement to the same privileges as the Sinhala Buddhist.

The Jathika Chintanaya, a concept originated by Dr. Gunadasa Amaresekera in the 1980s, buttresses this Sinhala Buddhist majority mindset. Jathika Chintanaya which transalates loosely to mean ‘National Thought/ National Conciousness’ seeks to create a common national polity, economy and culture irrespective of religious and ethnic divides.¹¹ It seeks to promote Sinhala nationalism to reassert the dominance of the Sinhala community and the protection of Sinhala rights, which it believes diminished during colonial rule.¹² The Chintanaya promotes the fact that all communities in Sri Lanka belong to one culture and hence refers to Sri Lanka as ‘one nation’. This alienates other communities because it attempts to subsume their identity within the most dominant Sinhala Buddhist identity.

This mindset supported by the Jathika Chintanaya has led to the adoption of a cruel attitude, which assists their acts of annihilation of the Tamil nation through the process of genocide of the Tamil people. Twelve days [11 July 1983] before the 1983 pogrom, which was considered the first mass level genocidal attempt against the Tamil people, the Sri Lankan President J.R. Jayewardene said in an interview to the UK based Daily Telegraph, “I am not worried about the opinion of the Tamil people..… now we cannot think of them, not about their lives or their opinion ... Really if I starve the Tamils out, the Sinhala people will be happy”.

After a quarter century, former Sri Lankan Army Commander and 2010 presidential candidate Sarath Fonseka said; “I strongly believe that this country belongs to the Sinhalese but there are minority communities and we treat them like our people...We being the majority of the country, 75%, we will never give in and we have the right to protect this country... They can live in this country with us. But they must not try to, under the pretext of being a minority, demand undue things.”¹³

The statements of the Sinhala leaders clearly articulate their intention to eliminate the Tamil people from the island. This deliberate process has been executed through either mass level slaughters or the eradication of the ethnic and cultural identity of the Tamil people. The forcing of the Tamil people to assimilate into Sinhala identity is also part of this agenda. The statements and actions across Sinhalese party lines validate the view that a change in leaders or regime will not be a change in policy of the Sri Lankan state, the prime architect of genocide of the Tamil people.

Strong evidence of this notion can be ascertained from statements made as early as the first Prime Minister of Sri Lanka, D.S.Senanayake in his address to colonists in Padaviya (an area linking the Northern and Eastern provinces): “Today you are brought here and given a plot of land. You have been uprooted from your village. You are like a piece of driftwood in the ocean; but remember that one day the whole country will look up to you. The final battle for the Sinhala people will be fought on the plains of Padaviya. You are men and women who will carry this island’s destiny on your shoulders. Those who are attempting to divide this country will have to reckon with you. The country may forget you for a few years, but one day very soon they will look up to you as the last bastion of the Sinhala.”¹⁴

Fundamentally, the Sinhala chauvinist belief is that the entire island belongs to Sinhala Buddhists only and the Tamil existence in the island is to be considered a major threat against them. Therefore, following the Mu'l'livaaykkaal mass atrocities, the present post-war period is deemed to be the ideal stage to grab the Tamil lands through militarization and Sinhalization. The next step will inevitably be an attempt to erase the Tamil ethnic and cultural identity completely. This development will lead to the annihilation of the Tamil nation from the island. Hence, it can be concluded that ethnic cleansing and Sinhalization is thus a vital component of the genocidal agenda of the Sinhala state. 

© JDS

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Nirmanusan Balasundaram is an exiled journalist and a human rights defender. He holds an MA in Peace and Conflict Studies from the European University Center for Peace Studies in Austria. 

Notes:

1. http://www.theweekendleader.com/Causes/615/Exclusive:-Inside-Lanka.html

2. http://www.tamilnet.com/art.html?catid=79&artid=35339

3. http://www.tamilnet.com/art.html?catid=13&artid=36248

4. http://www.theweekendleader.com/Causes/615/Exclusive:-Inside-Lanka.html

5. http://www.thehindu.com/news/article3915391.ece

6. Chatham House, Asia Programme Paper ASP PP 2011/05, Sri Lanka: Prospects for Reform and Reconciliation, Charu Lata Hogg, October 2011.

7. http://www.dailymirror.lk/opinion/172-opinion/20947-healing-the-wounds-of-war-is-not-limited-to-reconstructing-roads-.html

8. http://www.colombopage.com/archive_091/May1242654127RA.html

9. See L. Marasinghe, The British colonial contribution to disunity in Sri Lanka, 6 Sri Lanka J. Int'l L. 81 (1994); also see J.L. Devananda, The Mahavamsa mindset: Re-Visiting political Buddhism in Sri Lanka, http://dbsjeyaraj.com/dbsj/archives/1886

10. See Charles R.A. Hoole, A Reassessment of Sinhalese Utopia: Explorative Essay on the Sri Lankan Political Crisis, 33 J. Church & St. 95 (1991)

11. Kanishka Goonewardena, ‘National ideology’ in a Buddhist state, October 2007,http://himalmag.com/component/content/article/1333-‘National-ideology’-in-a-Buddhist-state.html

12. ibd.

13. Interview with Stewart Bell of the National Post newspaper of Canada, 23 September 2008

14. The excerpt quoted by M.H. Gunaratna was related to him by Davinda Senanayake, D.S’s grandson. (p.201 of ‘For a Sovereign State’, by M.H.Guna¬ratna).